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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

Woman Blinded by Unproven Stem Cell Procedure, Lawsuit Claims

All the damage relief in the world won't bring back Doris Tyler's eyesight. Tyler became blind after undergoing a stem cell procedure for Macular Degeneration (MD), a disease that affects about 10 million Americans. Though her vision was fading, she could still function and enjoy life. She wanted her full eyesight back, and was willing to take some chances. She was told by her doctor the worst that could happen was the treatment wouldn't work. He was wrong, and now she is permanently blind, and suing for misrepresentation.

Dermal Fillers With Side Effects: When Can You Sue?

Dermal Fillers Gone Bad. It happens much more often than you think. Sometimes a qualified medical professional has a cosmetic surgery mishap, leading to negative side effects. But more often, an unqualified person is injecting fillers that may not be approved for the intended procedure. In many of these cases, a lawsuit is possible. But can you prevail? That's another story.

Lawsuits Against Cardiologists Have Increased: Here's Why

Medical malpractice suits are on the rise, and leading the pack is cardiology. According to a recent insurance study, between 2006 and 2015, the number of cardiology claims against medical malpractice insurance increased 91 percent, and total liability paid grew 142 percent. A host of issues are at play, most notably improper treatment and diagnostic errors, and to a lesser extent miscommunication, safety and monitoring, and equipment malfunction.

USC Settles Claims Against School's Gynecologist for $215 Million

The University of Southern California (USC) has agreed to settle a federal class-action lawsuit for $215 million. The suit was brought by current and former students after one of USC's campus gynecologists, Dr. George Tyndall, was accused of sexual misconduct and inappropriate language. There could be as many as 17,000 members of this federal class-action; Tyndall practiced gynecology at USC for 27 years.

The settlement applies only to the federal lawsuits, and provides at least $2,500 to "all class members." However, interim President Wanda Austin said "Patients who are willing to provide further details about their experience could be eligible for additional compensation up to $250,000."

Can You Sue Your OBGYN for an Unnecessary C-Section?

Cesarean births, or C-sections, as they are commonly knows, are increasing at an alarming rate in the United States, up from 23 percent of all births in 2000 to 32 percent in 2015. To put these percentages in perspective, in 1985 the World Health Organization (WHO) stated that there was "no justification for any region to have a caesarean section rate higher than 10-15 percent."

Though necessary C-sections are always welcomed, unnecessary ones are of concern because the procedure can pose risks, such as infection or postpartum heavy bleeding. If your obstetrician performs an unnecessary C-section on you, can you sue?

Newborn Wrongful Death Lawsuits

Melanie Sanders was born prematurely, but otherwise healthy, in August 2016. She was given a routine eye exam along with 43 other babies that month, and less than a month later she was dead. A medical journal report published last year found that Melanie was one of 23 other infants who contracted adenovirus infections while undergoing the same eye exam in Children's Hospital of Philadelphia's neonatal intensive care unit.

Melanie's family is now suing the hospital for wrongful death, alleging she went into respiratory distress and developed a fatal bacterial infection on top of the viral illness, and that negligent medical professionals are to blame.

3 Legal Questions to Ask Before Surgery

Having surgery is a major life event. Whether it is elective or life-dependant, minor or major, wanted or not, every surgery carries risk. Risk of failure, lengthy recovery, and even risk of death. Assuming you have done your due diligence choosing a surgeon, here are three legal questions to ask before going under the knife.

Family Sues After Emergency C-Section With No Anesthesia

Delfina Moto and her boyfriend, Paul Iheanachor, filed a medical malpractice, assault and battery lawsuit against the San Diego's Tri-City Medical Center for $5 million, claiming they failed to administer anesthesia prior to performing an emergency c-section to deliver their baby girl. Though it has been eight months since the birth, Moto is still in pain from the procedure; the pain medications she has been prescribed only make her drowsy. The situation has put a strain on the couple, given Moto's post-traumatic stress disorder, and has even impacted the mother-baby bond, the parents claim.

Doctor Removed Wrong Organ, Lawsuit Claims

In South Dakota, Dena Knapp went into surgery to remove a mass on her adrenal gland. She came out with the mass still intact, but missing a kidney. Adrenal glands are located on top of each kidney, and evidently, the surgeon got confused. Though he did get the memo the day prior of what to remove, and he did get the memo following surgery that he had removed the wrong organ, he continued to misrepresent the situation to his patient for days.

She finally had the correct procedure performed, but at a different hospital in Minnesota, and is now suing for the loss of her healthy kidney.

When Should Parents Sue for Birth Asphyxia?

It sounds odd, but most of us parents love our kids so much, we've imagined all sorts of terrible and tragic ways they could get hurt. It's actually a sort of built-in function that allows us to anticipate danger and find ways to prevent it. Unfortunately, some danger and injuries are out of our hands.

One very early and potentially devastating injury a child can experience is birth asphyxia. However, there are a number of factors which can cause the condition, and not all of them are the result of someone's negligence. Therefore, it's not always clear when parents should sue for birth asphyxia.