What is breast cancer and its symptoms? Breast cancer is a disease in which cells in the breast grow uncontrollably. The cells usually form a tumor that can be seen in an x-ray or felt as a lump. Breast cancer is the second mo...
Yes, you can sue your doctor or medical professional for a misdiagnosis. Many medical malpractice lawsuits result from a missed or improper diagnosis from the medical professional. However, you must first clarify that the misdi...
Due to impaired cognition, isolation, and limited mobility, the elderly are the most vulnerable population of patients in our medical system. Elderly patients are subject to abuse, neglect, or exploitation at the hands of profe...
Preventable medical mistakes are the third leading cause of death in the U.S. after cancer and heart disease. The Institute of Medicine reported in 1999 that 98,000 people die each year due to mistakes made in hospitals, and th...
A medical malpractice case occurs when a patient is injured or mistreated due to an action or inaction beyond the standard of care which they would have received by a different doctor (or other medical professional) in a simila...
Once a child has to undergo any type of surgery or procedure, they are at risk of experiencing malpractice related to the administration of anesthesia. As a parent, this can be a terrifying thought. What is Anesthesia? Anest...
The National Defense Authorization Act (NDAA) In December 2019, President Donald Trump signed into law the “2020 National Defense Authorization Act.” This legislature overturned prior restrictions involving medical malpractice...
Post-operative care refers to the medical treatment you receive after a surgical operation or procedure, such as medical monitoring and consultations. Post-operative care starts as soon as your surgery is over, and it typically...
If the medical care that was provided by the anesthesiologist fell below the professional standard of care that is expected based on the doctor's background and experience, the anesthesiologist and/or the hospital which employs...
Surgical errors are one of the most common grounds for a medical malpractice lawsuit. A surgical error is simply defined as a preventable mistake during a surgery. Every surgery involves a factor of risk, however, malpractice h...
Medical malpractice insurance (also known as medical professional liability insurance) serves as protection for physicians against allegations of negligence that may have resulted in injuries to a patient. This insurance is ext...
Birth injuries are severe injuries to an infant that occur during pregnancy and/or childbirth, often leaving the otherwise healthy child with a permanent disability. Birth injury cases differ from birth defects in that birth de...
A doctor’s negligence can cause injuries as well as losses. These damages could have occurred in the past or may take effect in the future. Under the law, you are entitled to just, fair, and reasonable compensation for your inj...
What is a Birth Injury? Approximately 7 out of every 1000 babies born in the United States suffer from a birth injury. Birth injuries are caused by potentially avoidable adverse events at birth that cause damage and impair the ...
Generally, birth injuries are more common after an attempted operative vaginal delivery (which failed), but are the lowest in women undergoing a repeat cesarean section (without attempting a vaginal). The following are a few co...
What are surgical “Never Events”? Surgical “never events” are errors that should never have happened, but take place about 80 times per week in the U.S. Never events are errors that are clearly identifiable, preventable, a...
How can a medical error affect my child? Medical errors could affect your child’s health and well-being. Sometimes, an unfortunate mistake may have devastating and long-term consequences. If the doctor or healthcare profes...
My baby was injured, how will I be compensated? In a birth injury lawsuit (Article: Birth Injury), compensation may be paid for the damages sustained by your baby. Often, however, in the case of a settlement or verdict, not...
Can I get my Medical Records? According to federal legislation you have a legal right to obtain your medical records, whether they are kept electronically or on paper. This legislation is a part of the Health Insurance Portabi...
In a medical malpractice case, general damages (non-economic damages) relate to compensation for physical suffering caused by a medical error. The severity of the suffering arising from the medical error would be taken into con...
Medical malpractice occurs when doctors stray from the standard of care when treating or operating on patients. This negligent behavior can result in serious injury that could have been sustained at any point in the clinical pr...
According to the National Coordinating Council for Medication Error Reporting and Prevention, a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medicat...
When someone is in need of emergency medical care or assistance, they typically go to the emergency room (ER) of a hospital. Emergency room negligence or malpractice refers to injuries that occurred due to a doctor’s deviation ...
If you’re a victim of medical malpractice, learning how to cope with an injury or a painful medical condition due to your doctor’s negligence can be emotionally difficult. You may feel vulnerable, scared, or betrayed by your he...
A wrongful death may be the result of medical malpractice but it isn’t always the case. Where medical malpractice deals with issues caused by medical negligence, wrongful death cases can be a result of negligence or misconduct ...
Misdiagnosis results in as many as 80,000 deaths annually and billions of dollars of unnecessary medical costs. Misdiagnosis or delayed diagnosis can cause lifelong disability or even be fatal. You or your loved one can suffer ...
A medical malpractice case begins with an event in which a patient believes they were harmed due to a deviation from a standard of care. At this point, you can decide to file a lawsuit against the healthcare provider; however, ...
A deposition is an interview where testimony is provided under oath. In a medical malpractice lawsuit, the defendant’s attorney might ask you about your medical history and other related issues. It is important to be prepared f...
Determining if your doctor committed malpractice can be difficult. Put simply, your doctor committed malpractice if she deviated from the standard of care and caused you harm. Deviating from the standard of care is when the doc...
A birth injury is defined as an impairment of a newborn’s body function or structure due to an adverse event that occurred during birth. Birth injuries can range from major permanent injuries to minor conditions. Birth injury ...
Every state has a time limit for bringing a medical malpractice case. Often, different states have different time limits. The limitation on the time period in which you can bring a medical malpractice suit is called the statute...
When analyzing a potential medical malpractice case, lawyers consider many factors in a case that are not specifically addressed in the legal definition of medical malpractice. For example, the severity of an injury that is sus...
Make sure you are receiving the best medical care. You are your best advocate. Do you find yourself afraid to ask your doctor or nurse questions related to your health care? Perhaps, in the past, you had asked a healthcare prov...
Choosing the right medical malpractice attorney may affect your chance of winning a case or the amount of money received in a settlement. Some law firms advertise that they have recovered millions of dollars from previous verdi...
What is medical malpractice in general? Medical malpractice is when a doctor or a medical professional, like a nurse, acts negligently and harms their patient. Damages may be awarded based on the severity of the injuries suffer...
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