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

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?

What is Wrongful Pregnancy?

You've had your tubes tied, or your spouse had a vasectomy. So, "Congratulations, you're pregnant!" is something you never expected to hear again.

This exact thing happened to one Illinois mother. She didn't want any more children because both she and her husband carried the gene for sickle cell disease. The woman went to her doctor for a tubal ligation on her left fallopian tube. Her right ovary had already been removed due to a prior medical complication, so tubal ligation of her right fallopian tube was unnecessary. The doctor tied, excised, and cauterized her right tube and left the left tube untouched!

When she got pregnant and gave birth to a daughter with sickle cell disease, she sued the doctor for wrongful pregnancy.

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: