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

Today is National Doctor's Day, so we are turning our focus to what a medical malpractice case can be like from the doctor's perspective.

Being sued for any reason can be a scary prospect, but when it's a lawsuit regarding your professional performance, it can be doubly frightening. So here are a few legal and procedural elements doctors can expect when defending a medical malpractice claim.

If you believe you've been injured or harmed because of a mistaken diagnosis or poor medical treatment, your initial decisions could shape any possible legal claims you may have.

The first steps in a medical malpractice case can be critical, so let's take a look at what you should do if you're thinking of filing a claim.

We all make mistakes, and some of those mistakes are more permanent than others. If one of your mistakes involved a bad tattoo or a bad tattoo removal, you may be wondering if you have legal recourse against the tattoo artist, the shop, or the clinic that tried to remove the tattoo.

So here are a few legal considerations if your ink has you irked:

Comedian Joan Rivers' death was the result of medical malpractice, her daughter claims in a lawsuit. What can consumers learn from this pending case?

As you may recall, Joan Rivers underwent a procedure to remove a growth from her vocal cords last summer. She suffered cardiac and respiratory arrest during surgery and was rushed to a hospital; Melissa Rivers later decided to remove her mother from life support.

But according to Melissa's lawsuit, Joan Rivers' death can be blamed on doctors and the New York City clinic where her procedure was performed. Here are three legal facts about medical malpractice cases to keep in mind as this lawsuit proceeds:

The human body typically bears only two kidneys, but a California surgeon has been placed on probation for removing the wrong one from a federal inmate.

In 2012, Dr. Charles Coonan Streit, a surgeon at St. Jude Medical Center in Fullerton, California, erroneously removed a healthy kidney from a 59-year-old incarcerated male. According to the Orange County Register, Streit was supposed to remove the tumor-ridden left kidney from the patient, but left the CT scans of the kidneys back at the office.

What's Dr. Streit liable for and what should patients know about wrong-site surgeries?

A Texas man who lost both of his legs after a botched weight-loss surgery is now seeking millions of dollars in damages.

Carlos Saucedo, who weighed 275 pounds in 2013, went under the knife for a gastric sleeve procedure hoping to lose weight. But according to Dallas-Fort Worth's WFAA-TV, when Saucedo woke up some two weeks later, he lost more than just a few pounds -- his two legs had to be amputated at the knee.

What happened to Saucedo, and how might his doctors be held liable?

Patients may think that common medical mistakes are just that -- innocuous goof-ups. What they may not really is that these three common types of medical mistakes are actually medical malpractice, and victims are entitled to sue for these errors. And as NPR has reported, these errors are the "third-leading cause of death in America."

So what are these three common mistakes, and how can victims sue to recover from medical malpractice?

When you meet with a personal injury attorney for a consultation, you don't want to show up empty-handed.

You want to give your potential lawyer all the information you can so she can make an accurate evaluation of your injury case. That won't exactly work if you leave crucial documents at home or at the hospital.

So make sure you bring these seven types of documents to your personal injury consultation:

A California clinic has been slapped with a civil suit following charges of sexual assault by one of its nurses.

The Avenal Community Health Center, located in Avenal, California, has been accused of negligent supervision of nurse practitioner Jeff Sabino, who was arrested in 2013 and is facing 36 criminal counts including forcible penetration and sexual battery. The Hartford Sentinel reports that one of his alleged victims filed the civil suit to recover for her injury and emotional distress.

What is this nurse accused of that has this California clinic in court?

5 Signs You May Need a Medical Malpractice Attorney

The goal of the medical profession is generally to make us feel better when we're sick and heal us when we're injured.

Occasionally, however, medical care can actually be the cause of injuries, both physical and emotional. The job of medical malpractice attorneys is to help those who are injured by medical treatment gone wrong recover for the harm caused by negligent or reckless medical care.

So when do you need to call a medical malpractice attorney? Here are five potential situations to consider: