Medical Malpractice: Injured

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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

Our medical data is some of the most personal information that we entrust to third parties. Our medical records are sacred and their privacy is paramount. Which is why we have federal laws protecting the privacy of our medical records and requiring hospitals, clinics, and other health care providers to report hacked, lost, or otherwise exposed medical records. And those reports aren't good.

Since 2009, the U.S. Department of Health and Human Services has identified 1,634 breaches of patient medical information, and those are just the cases affecting 500 or more individuals. There could be thousands more medical data breaches (intentional and unintentional), possibly affecting your personal medical information.

Theranos Sued for Voided Blood Tests, Plaintiff Seeks Class Action Status

Theranos, the revolutionary blood testing company founded by Stanford dropout and Silicon Valley wonder Elizabeth Holmes, is having a bad year. The company is under investigation for securities fraud, in June its pharmacy chain partner Walgreens broke ties and shut down all of its Theranos blood draw centers, Holmes has been barred from owning or operating a blood lab for the next two years, and lawsuits abound.

The latest claim comes from a patient who says that his faulty Theranos blood draw results contributed to his having a heart attack. The plaintiff, going by RC, seeks class action status for his lawsuit filed in federal court in Arizona.

Medical Malpractice for Doctor's Use of Outdated Medical Equipment

When you go to the doctor or hospital, you probably don't judge the equipment. Unless you work in a field that deals with your particular injury or illness, it is unlikely that you know about the latest innovations in medicine. As such, you may not realize when negligence has occurred.

Medical malpractice can happen for all kinds of reasons, including using old and outdated medical equipment. This kind of negligence is often particularly difficult to uncover because it requires a certain expertise in order to understand how things went wrong and what might have been expected. Given this, we should be aware of the possibility of medical malpractice connected to equipment.

Prenatal Testing and Liability for Wrongful Birth

Prenatal testing enables parents to make a difficult decision no one would want to face: whether to terminate a pregnancy based on a genetic defect. This testing has helped many parents but it is an imperfect science and the people who perform tests don’t always interpret results properly.

In those cases, parents are faced with an even more difficult situation when a child is born with a debilitating genetic disorder. Beyond the heartache and emotional challenges, having a child with a serious disease or disorder presents practical, financial, and logistical problems. That is why parents sue for negligence in the context of prenatal testing. In addition to assigning responsibility, a lawsuit also enables parents to be awarded damages to pay for lifelong care.

Should Doctors Have to Tell Patients If They're on Probation?

Would you want to know if your doctor was on probation? Would it make a difference in how you received that expert's recommendations? Patients' rights activists think so and are disappointed that this week a California bill was nixed by the senate that would have required doctors to tell patients if they're under state supervision in an easy-to-read one-page document.

The information is already available online, but some say it's not easy to access. Still, California senators rejected legislation making individual disclosures a requirement, reports KQED News. Let's look at what was proposed and why it's controversial.

Can I Sue My Orthodontist?

You always hated your crooked teeth when you were a kid, so the first thing you did as a grown up was see an orthodontist. The relationship started out great but now you believe your orthodontist did a terrible job on your mouth. What can you do?

You can sue an orthodontist as you would any other medical care practitioner, but your suit will only succeed if you can prove medical negligence. There must be more to the story than just dissatisfaction with the results you got. A negligence claim in a medical context is called medical malpractice. Here is how it’s established.

Can You Sue the Military for Medical Malpractice?

If you are in the US military and are injured due to negligent medical treatment in the hands of military healthcare workers, you can recover damages. But you may not be able to sue civilly, depending on how and when you were hurt. Medical malpractice suits are barred for active duty military injuries, although there are alternative means to recover.

It's not impossible to get around the prohibition on suing military doctors for medical malpractice, but your lawyer will likely have to do some fancy legal footwork, and much will depend on the context of your injury. Let's look at some of the relevant doctrines.

When Can I Sue an EMT or Paramedic?

Emergency medical technicians and paramedics save a lot of lives working on the front lines of healthcare. Their roles are critical and the decisions they make at the scene of an emergency and transporting someone to a hospital can seriously influence long-term outcomes.

You might think then that these emergency medical workers are held to the same standard of care as any other medical practitioner, and you might be right in some cases. But state laws vary, and the question of whether you can sue a paramedic or EMT for injury will depend on a number of factors.

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.