Medical Malpractice: Injured

Injured - The FindLaw Accident, Injury and Tort Law Blog

Medical Malpractice

Medical Malpractice laws are aimed at protecting the patient from negligent medical treatment. These cases usually arise when the patient has been injured due to the improper actions of a healthcare professional. Take note, though--these cases can also arise through the inaction of the healthcare professional.

Medical malpractice is governed by state law and each state varies. But the basics are the same: the healthcare professional owes a duty to the patient and that duty entails competence in performance. But in order for there to be a duty, there must first be a special relationship between the medical professional and the injured party. For example, a doctor in a restaurant owes no duty to help a stranger at another table who is having a heart attack, unless the doctor comes forward and agrees to help.


Recently in Medical Malpractice Category

A former Team USA doctors for the Olympic gymnastics team, along with the USA Gymnastics organization, and Michigan State University, are currently facing a civil lawsuit as a result of decades of alleged sexual abuse by the one doctor against minor athletes. Nearly 20 former and current athletes have alleged that Dr. Lawrence Nassar sexually abused them while he was conducting medical examinations on them.

The allegations stem back to the 1990s, and include claims that the doctor would grope and molest athletes during medical examinations, and would even digitally penetrate them as part of bogus procedures. In addition to the civil lawsuit, Nassar is facing federal criminal charges for possession of child pornography. The child pornography charges allege that Nassar possessed child pornography from 2003 to 2016. If convicted on those charges alone, Nassar could be facing anywhere from 5 to 40 years in prison.

A transgender New Jersey man has filed a sex and gender discrimination lawsuit against St. Joseph's Regional Medical Center after it refused to perform his hysterectomy because it is a Catholic hospital. Jionni Conforti alleges that a hospital nurse originally scheduled the surgery, but was overturned by the hospital's director of mission services, Father Martin Rooney.

Conforti's lawsuit is the latest flashpoint in the battle between equal rights for transgender people and medical practitioners who claim they are unable to perform certain procedures based on religious doctrine.

The controversy over the Bair Hugger surgical warming blankets has escalated beyond expectations. When the federal court initially accepted the case as a multi-district litigation case, there were just over a dozen cases. Now, just one year later, there are nearly 900 cases claiming the Bair Hugger caused surgical site infections. Currently, the parties and the court are working on figuring out which cases will be tried as representative (Bellweather) cases.

Basically, the way the device works has been called into question, despite it being widely accepted throughout the medical industry. The surgical warming blanket system works by essentially forcing warm air into sterile disposable blankets that are placed on a patient's body.

The lawsuits claim that the part of the device that forces the air into the blankets can be easily contaminated, because it sits on the floor, thereby increasing the risk of infection by circulating contamination from the floor into the warming blankets that rest directly on a patient's skin.

We go to the emergency room because we need immediate, competent medical attention. Sadly, not all emergency room staff perform to that standard. Understaffed, mismanaged, or mistake-prone emergency rooms can cause more harm than good, and, like all doctors and medical professionals, they can be liable for medical malpractice.

How do you know if you have a case? Here's a look:

The Rawson-Neal Psychiatric Hospital in Nevada is facing a class action lawsuit filed on behalf of former patients that claim the hospital “dumped” them. Rawson-Neal is no stranger to these allegations and has faced lawsuits in the past over the practice. Additionally, it is estimated that Rawson-Neal has dumped nearly 1,500 patients by providing them one-way bus tickets to cities all across the country.

For those that don’t know, when a hospital involuntarily discharges a patient rather than continuing to provide the needed treatment or a referral and transportation to a more suitable facility, this is called dumping.

Frequently, the practice is done in such a way that puts the patients at high risk of harm, and even death. There are countless documented incidents where hospitals discharge patients by sending them to other cities on busses, or simply dropping them off in another county on the side of the road. It is rather common that when a patient is dumped, they will end up homeless and in need of much more care than they would normally have required.

Plastic surgeons, like any other doctor, can be held liable for medical malpractice if their treatment and care for a patient results in injury. But what if their treatment simply results in an unhappy customer? If the nose job, lipo, face lift, or tummy tuck doesn't result in harm but also doesn't meet the doctor's promises or patient's standards, does a displeased patient have any legal recourse?

The terms "breach of contract" and "breach of warranty" are normally limited to the business world of commerce and consumer sales. But they may be useful legal jargon when it comes to suing a plastic surgeon for poor results.

Plastic surgery, like any other surgery, has its attendant risks. If something goes wrong, then a person may be considering taking legal action. However, whether or not to file a lawsuit over a plastic surgery gone wrong should be carefully considered.

Cases against medical professionals are complex and nuanced, and are often subject to shorter deadlines than other types of cases, so seeking legal advice as soon as possible is recommended if you think you have a case. The following plastic surgery lawsuit questions might help point you in the right direction.

When USA Today published leaked rankings of Department of Veterans Affairs medical centers, the VA hospital in Nashville was at the bottom of the list in quality of care. Now that hospital is at the center of a wrongful death suit after a 26-year-old veteran died from a treatable condition.

Aaron Merritt was diagnosed with ulcerative colitis at the Nashville VA Medical Center in January 2014, and died less than ten months later after doctors failed to monitor his reaction to prescribed medication. Merritt's parents are now suing the hospital and the Tennessee Valley Healthcare System for negligence in their son's death.

When an individual is under the care of a hospital or nursing home and ends up with a bedsore, also known as a pressure sore, that usually means something is amiss. If the individual is not conscious, or immobile, or otherwise unable to appreciate the gravity of their confined-to-a-bed situation, a hospital or nursing home could very well be liable for bedsores.

Bedsores can vary in severity, but are generally caused by the prolonged application of the pressure of the weight of the body on the skin and tissue. Bedsores do not occur if a person is carefully monitored, regularly repositioned, and provided with the proper care or resources, even when they are at risk.

Cases of molestation or sexual assault by a doctor are especially heinous. These cases are just as shocking when a teacher, pastor, or police officer commits a similar act. What makes these types of crimes so bad is the violation of the public trust, as well as the likelihood of there being multiple victims.

Unfortunately, these types of crimes occur all too often. Just this past week, a California doctor was arrested for allegedly assaulting multiple patients.