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

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?

A New Mexico man is suing over multiple anal cavity searches after officers incorrectly suspected he was concealing narcotics in his rectum.

David Eckert was leaving a Walmart in Deming, New Mexico, in January, when police stopped him after failing to make a complete stop. When he stepped out of the vehicle, police say Eckert appeared to be "clenching his buttocks," which led them to obtain a search warrant for an anal cavity search.

What followed was a dizzying chain of anal exams and procedures that turned up nothing -- and led Eckert to file his suit.

Can a Video Help Win Your Injury Lawsuit?

A number of video production companies create personal injury videos for use in legal proceedings, including litigation, mediation, and arbitration. But is it appropriate to turn to celluloid in a case?

Videos that show how an injury affects a plaintiff, or how an accident occurred, can be helpful to a decision-maker like a juror, judge, or arbitrator. However, such videos can also be challenged on a variety of grounds.

Here are some common types of videos used in personal injury cases, along with their pros and cons:

440K Preventable Hospital Deaths Per Year: Study

A new study suggests preventable hospital deaths may be far more common than most people realize. As many as 440,000 people die may each year from preventable medical errors, and not the illnesses that landed them in the hospital in the first place, researchers estimate in the Journal of Patient Safety.

Some of these preventable mishaps include simple but grave errors such as a sponge being left inside a surgical patient, improper medication being injected, or equipment being contaminated, Forbes reports.

If a hospital's preventable error led to injury or death, victims and their relatives may be able to sue. Their legal options may include allegations such as: