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

Top Reasons Doctors Get Sued for Malpractice

People do not expect their doctors to be perfect. But they do expect them to communicate clearly. When they don't, patients are more inclined to sue, according to Ultra, a helathcare insurance underwriter that manages physician risk.

Communication is the most important aspect of any relationship. The physician-patient relationship is no exception. Often, we reveal aspects of ourselves or our bodies to doctors that we would not show anyone else. So, it is perhaps not surprising that when things go wrong and physicians are not forthright, patients are more likely to fight back.

Can I Sue for Blood Clot Filter Injuries?

Yes, you can sue for injury due to an Inferior Vena Cava, or IVC, blood clot filter. In fact, the Food and Drug Administration has received hundreds of complaints about IVC filters and the two major manufacturers are facing lawsuits from injured plaintiffs already.

Complaints about IVC blood filters abound and any number of complications may result from their use. Let’s review device basics and some common complications and claims associated with these controversial blood clot filters.

Can I Sue My Doctor for Opiate Addiction?

You can sue your doctor if you become addicted to opiates -- commonly known as pain killers. But only if your doctor was negligent in prescribing the pills.

Physicians owe their patients a certain standard of care. If they fall below it and patients are harmed, doctors are liable. This applies to prescriptions, just like any other aspect of treatment. Medicine is not a perfect or precise science, however, and not everything that goes wrong is due to negligence.

Surgical Site Infection Lawsuit FAQ

According to the Centers for Disease Control, 1-3 percent of surgeries result in an infection. Here are some frequently asked questions about surgical site infections and the law.

Doctors Can Be Liable for an Appendicitis Misdiagnosis

Failure to diagnose a condition is a basis for a medical malpractice suit. The more common the condition and the easier to diagnose, the more likely it is that missing it constitutes malpractice. This general principle applies to appendicitis, too.

Appendicitis is a common condition but it is not always easy to diagnose. Abdominal pain can be a sign of many things, not just appendicitis. What that means in terms of medical malpractice is that, although the condition is common, a misdiagnosis is unfortunately not completely uncommon.

False Imprisonment in Healthcare

False imprisonment is the intentional unlawful confinement of a person against their will. It comes in many forms and does not require physical restraint necessarily. When it happens in the medical context it is particularly scary.

In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. A critical element of the claim is consciousness of confinement. In other words, the person held had to reasonably believe they could not leave.

We tend to think of hospitals as places we go to get well. Unfortunately, that’s not always the case. And if you’ve suffered from substandard care in a hospital, you may be wondering if you can sue the hospital.

Hospitals that fail to provide patients with a standard of care can be sued for negligence. They can be held directly liable for their own negligence, but could also be held vicariously liable for the negligence of their employees. Here is what hospital negligence looks like:

Many mothers have extolled the virtues of midwives before, during, and after giving birth. And in the past few years, the number of expecting mothers using midwives has hit record highs.

The vast majority of births using midwives are healthy, for both mother and child. But if something does go wrong, can midwives be liable for malpractice?

According to a recent study, the use of surgical robots has been linked to 144 patient deaths and 1,000 injuries. Many of these injuries and deaths have already spawned a series of robot surgery lawsuits.

So how do these lawsuits work, where are they now, and where might they be headed?

Around 15 million people get some form of plastic surgery every year. And while everyone’s reason for cosmetic surgery may differ, many of the health risks involved in these procedures will be the same.

Most cosmetic surgeries will go off without a hitch, but here are some of the most common issues you should be aware of: