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

Johnson & Johnson is pulling power morcellators used for performing hysterectomies, responding to concerns that the devices risk spreading cancer to healthy tissues.

Doctors had been warned against using the device by the U.S. Food and Drug Administration in April, but J&J is now asking surgeons not to use its power morcellating line of products. The Associated Press reports that the company is "conducting a worldwide withdrawal of all of its morcellators still on the market."

Noting that this is a withdrawal and not a recall, what future legal implications do these morcellators hold for J&J?

A Chicago plastic surgeon is being sued by a former patient after allegedly posting before-and-after pictures of the woman's nasal reconstruction surgery on his website and labeling them "cocaine nose."

Sabrina Kopp claims that when she underwent facial surgery in 2004, her plastic surgeon Dr. Robert Walton took photographs of her face with the understanding that they would be part of her secure medical records, reports the Chicago Tribune. However, when the doctor opened a new clinic in 2013, the images of her procedure were posted on the clinic's website as an example of "cocaine nose."

What is "cocaine nose" and what laws might the doctor have broken by posting the pictures on his website?

Sometimes incredibly strange and terrible results emerge from a surgery, leaving victims of botched or wrong-site procedures with many questions.

One such victim was Carol Critchfield, a California woman who allegedly lived with a small surgical sponge lodged inside her small intestine for four years, causing her daily pain and even more surgery, reports Los Angeles' KCBS-TV. She's now suing a hospital for malpractice.

If you're concerned about being the victim of a botched surgery, here are some legal questions you should be aware of:

A patient is suing a hospital for posting her patient records on Facebook, after her sensitive information appeared on a Facebook page called "Team No Hoes."

Shawntelle Turley was treated at the University of Cincinnati Medical Center (UCMC) for syphilis, but she likely never imagined that her medical bills and diagnosis would be shared on Facebook. According to the The Cincinnati Enquirer, Turley's ex-boyfriend and at least two UCMC employees are also being sued for releasing her medical info on Facebook.

Can a hospital post your diagnosis to Facebook?

Delays in treatment may be responsible for more than 100 deaths at VA medical centers since 2001, according to a new report.

The U.S. Department of Veterans Affairs (VA) admitted to the Dayton Daily News that at least 23 people have died because of delayed care. But the newspaper's investigation found the words "delay in treatment" in 167 paid settlement claims with the VA.

As the VA scandal unfolds, many veterans and their families may be wondering: Can you sue the VA over delays in treatment? The answer depends on your specific situation, but you'll likely need to follow a certain procedure before filing a lawsuit.

Johnson & Johnson has stopped sales of its fibroid surgery device over concerns that its use may spread undetected cancer.

J&J's power morcellators, which have been used in laparoscopic surgery to remove uterine fibroids, have been suspended from sales worldwide, Reuters reports.

What are these devices, and why would they present a cancer risk?

An avalanche of pelvic mesh suits has prompted the FDA to seek stricter safety rules for makers of the problematic implants.

Pelvic mesh, also known as transvaginal mesh, has been used for more than 15 years to repair patients' pelvic walls in cases of pelvic organ prolapse -- where organs slip through the pelvic wall and into the vagina. This condition can occur in older women and post-pregnancy, and it can lead to "embarrassing bladder leaks," reports The Associated Press.

Do these new FDA rules mean the end of pelvic mesh implants?

When Can You Sue for Loss of Consortium?

Loss of consortium is a personal injury claim that can lead to damages for loss of affection and normal marital relations. In some cases, loss of consortium can also apply to a relationship between parents and children.

So when can a loss of consortium claim be made, and what will you have to prove in order to prevail in court?

Here are some general guidelines:

Traffic Stop Anal Probe Settlement: $1.6M

The city and county at the center of New Mexico's traffic stop "anal probe" scandal have reached a settlement with the victim. But this isn't the end of the road for the victim's lawsuit.

David Eckert, who was 63 at the time of his arrest in 2013, was subjected to multiple anal cavity searches for concealed drugs following a routine traffic stop. No contraband was found. Eckert is now set to receive $1.6 million from Hidalgo County and the city of Deming to settle their portion of the lawsuit, reports the Los Angeles Times.

Considering how outrageous this case was, why would Eckert and his attorney opt to settle with the city and county, rather than pursue a full-blown trial?

A Michigan family is set to collect $6.5 million for their baby's brain injury at a military hospital, after a judge approved a settlement agreement with the federal government.

Haiden Rivera, now 5, was born in September 2008 at Fort Hood's Carl R. Darnall Army Medical Center via induced labor, reports the Killeen Daily Herald. The Riveras' suit alleged that Darnell Medical Center was responsible for the severe brain damage caused by this induced birth.

What were the Riveras' claims for their newborn's brain injuries?