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

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:

Psychiatrists, like other health care professionals, can sometimes make mistakes in diagnosis and treatment. In extreme cases, you may find that your trip the psychiatrist caused you more harm than good.

But can psychiatrists be sued like other doctors for medical malpractice? And how do psychiatric malpractice cases differ from other medical malpractice cases?

We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that's not always the case.

As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?

Sadly, just because we're in a hospital doesn't always mean we're getting the best treatment. Understaffing, neglect, or negligence can produce poor treatment, even leading to easily preventable maladies like bedsores or pressure ulcers.

Simple measures like frequently turning an immobile patent, proper cleaning, and hygiene can prevent bedsores, so if those steps are not taken, is the hospital's fault? Can you sue if you or a loved one develop bedsores in a hospital?

Can You Sue for a Misdiagnosis?

Every year, 12 million adults in the United States are misdiagnosed by doctors. That’s 1 in 20 patients.

In a recent shocking case, Dr. Farid Fata plead guilty to misdiagnosing health patients with cancer. He tortured more than 500 patients with unnecessary chemotherapy treatments and took millions of dollars from the government in false Medicare claims. A few of his patients even died.

If a doctor misdiagnosed you, can you sue?

What is Informed Consent?

Would you buy a car without knowing anything about the car’s specification and capabilities? Would you sign a contract without asking what the contract requires? Would you let a doctor do whatever he likes to your body without explaining anything to you?

Well, you shouldn’t and you don’t have to. You have a right to decide what is done to you and your body. Because of this right, we have the concept of informed consent.

So you've decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy?

Whatever the issue, to win your case, you'll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible.

Here is a checklist of documents you should have for a medical malpractice case:

Generally, when we think of medical malpractice with think of doctors making diagnostic, medication, or surgical errors. But we don't tend to think of mistakes happening in a dentist's office.

Truth is, we trust dentists with our health just as much as cardiologists, orthopedists, or surgeons. And, sadly, mistakes in dental care can be just as costly. Here is a look at some of the common dental malpractice issues and how victims can use medical malpractice claims to recover for their injuries.

We've all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.

We know that doctors can't disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.

Is there an exception that will allow your doctor to testify against you at trial?