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

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.

Dancing Cosmetic Surgeon Faces New Lawsuit

You don't need your mechanic to be a good cook, your dentist to be a skilled juggler, or your butcher to be an inspiring poet. And you do not need your cosmetic surgeon to be a good dancer. In fact, all those in favor of making it illegal to dance while performing surgery, raise your hands. If you need more convincing, the wildly inappropriate videos of one Atlanta-based dermatologist might help, as will the lawsuits filed against the dancing doctor, with claims ranging from invasion of privacy to malpractice resulting in brain damage.

There is a certain standard of care that surgeons owe their patients -- that their level of skill, expertise, and care is the same possessed and practiced by physicians in the same or similar community, and under similar circumstances. While this standard was once geographically relative, the same standard applies to all doctors practicing the same medicine nationwide.

So weight loss surgeons in Manhattan, Kansas are held to the same standard as those in Manhattan, New York. (Whether those in Tijuana, Mexico will be called to account in American courts remains to be seen.) As with any surgical procedure, gastric bypasses, lap-band procedures, and other weight loss surgeries can be risky. But if something goes wrong, when can you sue the surgeon or clinic for damages?

When Can You Sue a Workers' Comp Doctor?

Dealing with an on-the-job injury can be a huge hassle. There's paperwork, doctor appointments, more paperwork, long-term financial uncertainty, and often ... even paperwork. So, it's that much more painful when you feel like the workers' comp doctor makes your injury worse, rather than better. In that instance, you may be wondering when you can sue a workers' comp doctor. The answer? It depends.

A class action lawsuit filed in Maricopa County, Arizona claims a surgeon in Tijuana, Mexico used "high-pressure sales tactics" and at least one U.S.-based recruiter to lure clients south of the border, and the surgeon was negligent in performing weight loss procedures.

The lawsuit, filed by Jessica Ballandby against Dr. Mario Almanza and his alleged recruiter, Sandy Brimhall, claims Brimhall promised "a quick in and out," and "surgeries would be done by doctors who are qualified and competent." When Ballandby returned to the U.S., she was diagnosed with internal bleeding and compared Dr. Almanza's operation to a "pig farm."