Medical Malpractice: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

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

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?

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:

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?