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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

Fertility Clinic Sued for Cryo Tank Malfunctions

Over 70 lawsuits have now been filed against University Hospitals Fertility Center in Beachwood, Ohio, as well as CAS DataLoggers. These two parties are at the center of a series of unfortunate events that led to the destruction of approximately 4,000 eggs and embryos after the cryo-facility inadvertently warmed-up to unsafe temperatures for an unknown period of time back on March 4, 2018.

The statute of limitations for medical malpractice claims is one year. Thus, expect to see more fillings as we head closer to the one year anniversary of this disastrous event that led to heartbreak for many families seeking fertility treatment.

Illegal Butt-Lift Doc Facing Homicide Charges

Third time's a charm, and perhaps this time, the sentencing will be more severe. Whalesca Castillo has been arrested for manslaughter in the death of Lesbia Ayala, a resident of Philadelphia who had traveled to the Bronx to have Castillo perform a "butt lift" without a medical license. Castillo has also been charged with criminally negligent homicide and the unauthorized practice of a profession. 

Castillo had already been found guilty and jailed twice before for providing illegal silicone injections. But this time, the client died. Facing repeat charges and showing only discontent for the law, Castillo may be in for some hard time.

Many cosmetic surgery procedures are perfectly safe, and clients are healthy afterwards and happy with the results. But any surgery is dangerous, and not all plastic surgery operations leave us looking the way we expected or were promised.

If you are injured due to the negligence of a plastic surgeon or their staff, you could have a valid medical malpractice or other legal claim. How much that claim could be worth depends on many factors, including the extent of injury you've suffered and the type of lawsuit you are filing. Here are some basic damages considerations in plastic surgery lawsuits.

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.