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

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options:

Can I Sue for Injury From an Infected Scope?

In recent years, there has been growing awareness of deadly infections associated with the use of gastrointestinal scopes that cannot be cleaned completely. A new congressional investigation shows that the number of potential infections is much higher than originally thought.

Does this mean that you can sue if an infected gastrointestinal scope has been used on you? No. But if you have suffered an injury as a result of an infected scope's use on you and you can prove it, then you certainly have a valid basis for a medical malpractice claim. And you won't be alone -- there are already plaintiffs suing for injury from infected scopes.

What Is Your Medical Malpractice Claim Worth?

If you are injured due to the negligence of a doctor or hospital or in a healthcare setting, you have a medical malpractice claim. How much it will be worth depends on many factors.

The biggest issue is the extent of injury you’ve suffered, and that will largely dictate what you can recover. But there is also the opposition to consider: who you are suing. You may be bringing claims against multiple defendants and that could impact recovery. Here are some basic damages considerations.

Can I Sue a Doctor for Patient Profiling?

Patient profiling is a term used to describe a kind of discrimination by doctors. When a healthcare provider treats a patient based on their “type” rather than assessing them individually, that is profiling, and it can lead to problems in treatment.

Doctors should assess each patient individually, but profiling alone is not likely going to be a basis for a lawsuit against a doctor or hospital, unless that profiling manifested in medical malpractice. So let’s explore the distinction between profiling, which is certainly unpleasant, and negligence law, which is based on actual injury.

What's 'Patient Harm' and Who Sues for It?

Patient harm is exactly what it sounds like: an injury to a person in a medical context. Hospitals and health care providers are legally obligated to report these incidents to state regulatory agencies, but there have been some very serious cases of patient harm that administrators did not report or did but made the harm seem more mild.

So, not only were patients hurt in the hospital but health care administrators broke the rules of reporting. In some cases of severe patient harm, hospitals reported that an incident occurred but omitted critical details that reveal the extent of the harm. Let’s take a look at a sample case and your options as a patient who has been harmed.

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:

We go to doctors, surgeons, and other medical professionals to feel better. But it doesn’t always work out that way. While some injuries and illnesses are beyond a doctor’s ability to heal, there are times when hospitals, clinics, or their staff misdiagnose or mistreat a patient.

In that case, you may be considering a medical malpractice lawsuit. Here are five questions, and answers, that can help:

Doctor Prescribed the Wrong Medication: Can I Sue?

You went to the doctor with inexplicable symptoms, and you were prescribed a medication. It turns out that the prescription led to complications and more illness. In fact you are in worse shape now than when you visited the doctor initially. Can you sue for this injury?

Prescriptions can be the basis for a medical malpractice suit. But there’s more to malpractice than just a doctor making a mistake. The only way your suit will succeed is if you can prove that your doctor acted negligently in prescribing the medication, a claim which involves multiple elements.

Not all surgeries or medical procedures go the way we planned, but your injuries may not be the doctor’s fault. Sometimes medical devices and implants can be poorly designed, fail, or become damaged over time, causing serious health risks and even death.

Lawsuits based on defective medical devices can be complicated and face significant legal hurdles, but can be necessary to hold device manufacturers accountable for flaws in design, manufacture, or warnings. Here’s what you need to know about medical device lawsuits:

Diseased Kidney Transplant Not Negligence, Jury Finds

You need an organ. Doctors warn that it will take a while unless you are willing to risk taking an organ from a less than ideal donor. What do you do? And if something goes wrong, who will you successfully sue?

A Massachusetts case decided last week provides a scary but interesting perspective. Doctors and an organ bank that transferred a diseased kidney from an alcoholic homeless man to a patient in need of a transplant, giving him a rare rodent virus, were found not guilty of negligence in a medical context by a jury last week. The transplant patient died. Let's look at the details, according to ABC News, and why no negligence was found here.