Recent Posts in Medical Malpractice Category

  • Are Damages Limited or Capped in Medical Malpractice Cases?

    State statutes may determine whether or not your damages will be limited or capped when it applies to medical malpractice cases. What is a cap? Some states will place a limit, also known as a cap, on the amount of money that an injured plaintiff will be able to receive. This applies even in cases where their medical malpractice case is successful and a jury has found that a health care ...
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  • Birth-Related Medical Malpractice

    Every year, birth injuries occur as the result of medical malpractice in hospitals. It is a known statistic that, of every 1,000 infants born in the United States, 6 to 8 of them are born with a birth injury. This comes out to approximately 1 in every 9,714 people in the United States. There are many different reasons why birth-related injuries occur, some of which should have never happened in ...
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  • "Medical Standard of Care" in a Malpractice Case

    What do most medical malpractice cases depend upon? They will fall on whether or not a health care professional was negligent in treating or failing to treat a patient. Medical negligence is always measured by the medical standard of care that was applied in the treatment setting in which the patient was harmed. In a malpractice lawsuit, the standard of care is always something that comes into ...
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  • Damages in Your Personal Injury Case

    Personal injuries are occurring all the time, whether they occur due to car accidents or due to and event that happens in the workplace. When an injury takes place, and somebody is found negligent, you may be entitled to the compensation you deserve. But what kind of compensation is this and what does it cover? Now you can find out all about the damages you may be awarded in your personal injury ...
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  • Orthopedic Malpractice Claims

    Every year, patients are injured due to malpractice in hospitals and doctor’s offices. This type of negligence could cost a treating physician their medical privileges if fault can be proven. However, not every situation is going to lead to a successful malpractice claim. Opinions on correct “standard of care” can change in various respective fields of practice. The most common examples of ...
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  • Patient Safety Risks for Emergency Medicine

    What is emergency medicine? It focuses on the immediate decision-making and action necessary to prevent people from disability or even fatalities in an emergency setting and department. A physician working in this type of medicine is able to evaluate and care for a patient on a whole different level of care! Emergency medicine takes place in a fast-paced environment and requires a broad base of ...
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  • Patient Diagnostic Issues

    Every year in the United States, patients are misdiagnosed or undergo a delayed diagnosis for conditions they should have been treated for in a timely manner. According to The Doctors Company’s study of 332 emergency medicine claims, diagnostic-related issues are the main reason that emergency medicine doctors are sued – and they are also the top cause of patient injury. A diagnostic error could ...
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  • Defective Medical Devices: Biomet Hip Replacements

    Every year, many products fall under product liability due to being defective in their manufacturing or other components of how they are made and distributed. Biomet is a medical device manufacturer based in Indiana that has undergone scrutiny in recent years due to this very reason. A timeline of events led up to this, including Biomet’s implant sales being up to $312.9 million in the United ...
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  • Misdiagnosis & Delayed Diagnosis

    If a delay or failure to diagnose a disease has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis, medical professionals could be held liable. These professionals are held to a specific standard of care and are supposed to work within reason of that. Many doctors are trained to think and act in a “differential diagnosis” sort of way; ...
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  • Surgical Errors and Medical Malpractice

    To understand if you have a case, you first have to understand the basics of medical malpractice. So, what is medical malpractice? When you are undergoing a medical treatment of any kind, that treatment has to adhere to an accepted medical standard of care, and the sub-standard treatment must result in harm to you for you to have a possible case. So what standard of care needs to be followed? ...
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  • If You Are Discharged Too Soon, Is It Medical Malpractice?

    If you are in the hospital for any reason, an early discharge can cause as much damage as any medical mistake potentially could. Many patients in a hospital setting have serious medical conditions and, upon discharge, a doctor would not be able to respond immediately to any problems that arise in the patient’s health and wellbeing. But what constitutes an early discharge case? Medical malpractice ...
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  • Personal Injury Claims: When You Need a Lawyer

    You may have heard it once before: Lawyers can be expensive. However, there are benefits to having a lawyer represent you in your case; they have the experience that you wouldn’t typically on your own, and can be very worth the money you must pay them to represent you. You may need to look into a lawyer depending on your case if there are complex legal rules surrounding your claim or because the ...
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  • Malpractice In The Emergency Room

    To understand why injuries sometimes occur in the emergency room, one must understand negligence. Negligence refers to a doctor who fails to provide the quality of care that other reasonable competent doctors would have provided in a similar circumstance. If a patient wishes to demonstrate that negligence occurred in a medical malpractice lawsuit, they must prove the standard of care and a breach ...
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  • Common Malpractice Errors By Doctors and Hospitals

    When do medical malpractice cases typically arise? Most of the time, they will come when a patient is harmed by a doctor or nurse who fails to provide proper health care treatment. The good news is that these mistakes are often times made only in a small amount of cases; however, in this small amount of cases, certain errors are more likely to happen than others. What many people need to keep in ...
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  • How Much Are DePuy ASR Cases Really Worth?

    In 2010, DePuy, a Johnson & Johnson Company, initiated a massive recall on its ASR Hip Resurfacing system after multiple studies exposed high rates of mechanism failure in the hip implants. Many patients who have undergone surgery and gotten the implant were forced to have a second corrective surgery in order to install a better implant and reverse some of the negative effects of the faulty ...
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  • Xarelto - Uses & Bleeding Side Effects of Blood Thinner

    The current market for anticoagulants (blood thinners) is estimated to be about $10 billion. Eager to get a slice of the pie, many pharmaceutical companies are developing drugs to capture a piece of this lucrative market by producing safer and more easily used alternatives to Warfarin or Coumadin, the drug currently available. Warfarin is a blood thinner marketed as Coumadin, and other brand ...
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  • SPOUSES: THE OTHER VICTIMS OF TRANSVAGINAL MESH

    A transvaginal mesh is a surgical procedure in which a plastic mesh is implanted in women in order to correct urinary incontinence, or an overactive bladder, and ease pelvic organ prolapse–when a pelvic organ drops and pushes against, or even protrudes through the walls of the vagina. Typically women experience pelvic organ prolapse because of complications from previous surgeries, or more likely, ...
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  • Joan Rivers and Alleged Medical Malpractice: 3 Things to Know

    Joan Rivers’ daughter is suing the New York clinic that treated the comedian in her final days, alleging medical malpractice in her mother’s treatment. The 81-year-old Rivers died a week after suffering a loss of oxygen to the brain in August 2014 at Yorkville Endoscopy, where physicians were examining her throat and vocal cords. According to the lawsuit, the doctors caring for Rivers were not ...
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  • 3 Common Medical Mistakes That Can Lead to Malpractice Lawsuits

    Most people are under the impression that medical mistakes rarely occur, or that they are usually fairly harmless. In reality medical mistakes are common. and they are considered medical malpractice. In fact, medical malpractice is the third-leading cause of death in America . Victims of medical malpractice have the right to sue for injuries caused by these errors. Some medical mistakes are more ...
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  • What Damages are Available in a Medical Malpractice Lawsuit?

    Damages in a medical malpractice lawsuit are generally designed to compensate the plaintiff for medical bills, loss of future earnings, or loss of enjoyment of life resulting from a case of medical malpractice. If the patient dies, monetary damages can also be awarded to the patient’s family and heirs. In any medical malpractice case, the plaintiff must show not only that the medical malpractice ...
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  • Spinal Cord Injuries

    The impact of spinal cord injuries can be severe, physically and financially. If you or a member of your family suffered a spinal cord injury, you may be able to file a lawsuit and receive damages for your injury. Spinal cord injury occurs when a person experiences damage to the spinal cord, which is the bundle of nerves located in the spinal column that relays messages between the body and your ...
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  • Product Liability claims Involving a Medical Device

    When someone is injured or suffers due to a defective product, they may have grounds for a defective product liability claim. Sometimes a person uses a medical device to help their health, but ends up suffering injury from the device. “Medical device” refers to any device used to better someone’s health, or to treat a disease, illness, injury, or disability. If any such device malfunctions or ...
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  • New Study Finds Hysterectomy Technique May Help Spread Cancer

    On Tuesday, July 22 a new study found that a surgical technique used in hysterectomies may help spread cancer. The technique, known as morcellation, is a minimally invasive surgery which involves cutting the uterus into smaller fragments for removal. According to the study, morcellation can disperse undetected cancer. Performing a hysterectomy with morcellation involves surgeons using a power ...
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  • Understand the True Toll of Cancer Misdiagnosis

    Most people are aware of the impact cancer can have on those who are diagnosed, but did you know that cancer misdiagnosis can also be devastating and traumatic for an individual? Cancer misdiagnosis occurs when non-cancerous medical conditions are diagnosed as cancer, or when a cancer is not diagnosed properly or in a timely manner. Cancer misdiagnosis can be caused by medical negligence or an ...
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  • Cap on Medical Malpractice Benefits

    Florida Victim Challenges Retroactive Cap on Medical Malpractice Winnings Should there be limits on medical malpractice benefits? According to the Florida Supreme Court, the answer is yes. Although medical malpractice results in the deaths of 44,000 to 98,000 Americans every year, courts have recently upheld decisions lowering claims. Why did courts lower a women’s winnings after a hospital ...
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    HIGH SPEED REAR END COLLISION – CATASTROPHIC BRAIN INJURY

    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00

    DELIVERY TRUCK ACCIDENT – AMPUTATION & BRAIN INJURY

    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

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    MOTORCYCLIST STRUCK BY VAN—SEVERE LOWER LEG INJURY

    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...