All Posts in Category: medical malpractice
The Most Dangerous Plastic Surgery Procedures
People go “under the knife” for all sorts of reasons. Some believe that plastic surgery will enhance their appearance, some want to lose weight, and yet others undergo reconstructive surgery after an accident or some type of trauma. No matter why people decide that cosmetic or reconstructive surgery is right for them, the procedures are not without risk.
According to the American Society of Plastic Surgeons, more than 15 million people had cosmetic surgery in 2014. These procedures included those that were considered to be minimally-invasive. In 2013, there were over 5 million… Read More
How Chronic Pain Can Lead to Medical Malpractice
When pain in any part of the body lasts longer than six months, it is considered chronic. Chronic pain can be intermittent or ongoing, mildly annoying or incapacitating, mild or severe. Some people suffer with chronic pain due to an illness or infection, and other people suffer with chronic pain due to an injury.
It may be unusual in the minds of some for chronic pain to lead to a medical malpractice lawsuit, but in certain instances it can. At times, doctors will try to control chronic pain with narcotic pain relievers. This can lead to addiction in certain people and, if handled improperly, a medical… Read More
Treating Heartburn Could Be Dangerous
You eat a hearty meal before bed, only to wake with that familiar painful burning in your chest. You head to the bathroom, open the medicine cabinet and take your over-the-counter heartburn reliever. Maybe you are a chronic sufferer and instead of reaching for an over-the-counter medication, you swallow the prescription medication from your doctor.
No matter which type of relief you use, there’s a good chance it was a proton pump inhibitor (PPI). You may not only be relieving your heartburn, but you could also be putting yourself at risk for something much more serious: Stroke.
Medical… Read More
Non-Compliance is a Valid Medical Malpractice Defense
Thousands of people are injured due to medical negligence or error every year. These cases are valid and doctors often have no solid defense. In other cases, a patient may indeed be injured or suffer in some way, but it is due to their own error or misjudgment. In these instances, defense teams are quick to point to patient non-compliance as a reason for the injury. But what is non-compliance?
Non-compliance in a patient occurs when a person fails to follow a doctor’s advice, misses appointments on a regular basis, or even refuses to take medication as prescribed. In general, a patient does… Read More
5 Ways Nurses Can Protect Themselves at Work
The woman known as the Ebola Nurse recently settled a lawsuit with her employer after claiming that they were at fault for her contraction of the disease. Though the case died down, the settlement has brought it back into light, at least until the next big new story comes along. While the news has brought the topic to the front of our minds once again, it’s a great opportunity to talk about how nurses can protect themselves at work.
If you are a nurse, you already know that you are in danger of contracting illnesses. You also know that there are ways you can protect yourself. It’s not unusual… Read More
Social Media and Your Medical Malpractice Case
Imagine you are a defense lawyer. Your client is a physician who is being sued for medical malpractice. You are doing research on the plaintiff — the person allegedly injured — and run across their social media page. You see this:
“Hiking in the woods today. Fresh air does a body good!” on Facebook. The post is attached to several photos of the plaintiff walking a large dog through the woods.
But wait. The plaintiff has said that they have difficulty walking. Your client’s mistake caused the plaintiff to lose their ability to enjoy life. They are on a constant course… Read More
Why an Attorney May Not Take Your Case
You have been injured by a medical professional. You believe your case to be airtight. You consult with an attorney only to find out they won’t take your case. Wait a minute. An attorney has to take your case, don’t they? The short answer to that question is, “no.” An attorney doesn’t have to take your case any more than you have to hire an attorney. There are several reasons why an attorney may choose to not represent you.
1. Failure to Prove an Element
For a successful medical malpractice claim, there are four elements that must be proven. One is that there was a doctor-patient… Read More
Understanding Patient Abandonment
Few people have heard of patient abandonment unless it has happened to them. Patient abandonment is just one form of medical malpractice, and it occurs when a medical professional terminates a relationship with their patient with no reasonable notice or excuse. The patient does not have the opportunity to find another provider in an adequate amount of time.
Whether or not patient abandonment has occurred follows a very strict set of rules. Liability can vary from state to state, but there are common elements:
- There is an established doctor-patient relationship.
- The patient is still
Can You Sue for Medical Malpractice If You Are Discharged Too Early?
Everyday, doctors make the decision to send patients home. In most cases this is the right call to make. In others, a patient is discharged too early. When a patient is forced to return to the hospital or another medical care facility because they aren’t stable, it could result in a medical malpractice case being filed. Here’s what you should know about how a too-early discharge can result in a lawsuit.
When it comes to medical malpractice, one of the elements that must be proven is that another medical professional in a similar situation would not have acted in the same way. In other… Read More
Does The Good Samaritan Rule Apply to Medical Malpractice?
In most states, people are not obligated to come to the aid of someone who is in trouble or experiencing an emergency. For example, if you pass an accident on the highway, you are under no legal obligation to stop and offer assistance. If you decide to stop, you are held liable for your actions under the Good Samaritan Rule. This rule is enforced in all 50 states. Here is what it says.
If you decide to stop and render first aid or other medical aid to someone in distress, you must do so in a way that does not further endanger the person you are helping.
Let’s use the example in the beginning of this article.… Read More