Law Blog
If a Loved One Dies in a Hospital, Is It Medical Malpractice or Wrongful Death?
Medical professionals who harm patients due to negligence may be liable for medical malpractice. But what happens when your loved one dies? Is it still a medical malpractice claim, or is it a wrongful death claim? No matter what the original cause was – a surgical error, a car crash, a fall down a broken…
Read MorePreeclampsia v. Eclampsia: What Are the Differences?
Preeclampsia is a life-threatening condition that develops during a woman’s pregnancy. If the condition is left untreated or undiagnosed, preeclampsia may lead to eclampsia, condition causing seizures. Both preeclampsia and eclampsia are very serious health conditions for the mother. Other than the safe delivery of the baby, there is no medical cure for preeclampsia or…
Read MoreWant to Help Veterans? Support the Tally Bill.
Brian Tally, former Sgt. in the U.S. Marine Corps, was injured severely as a result of the incompetence of a number of doctors and emergency room staff at a Loma Linda, CA VA hospital. The misdiagnosis he received led to an extended period of malpractice and neglect for months that almost took his life. After…
Read MoreIt’s Time to Tackle Never Events
According to a recently published analysis, approximately 25% of hospitals fall short of the Leapfrog Group’s standards when it comes to addressing and responding to patient harm events, often referred to as never events. The report revealed that 74.5% of 2,000+ hospitals that provided feedback on the 2018 Hospital Survey issued by Leapfrog adhered to…
Read MoreSome of the Many Federal Laws that Apply to Physicians and the Medical Practice
There are many federal laws that physicians and those who work in the medical profession must know. Failure to comply with these laws may be a sign of negligence if a patient was injured while under the care of a physician, hospital, managed care provider, or other health care professional. We wanted to take a…
Read MoreYour Surgeon May Be Performing Another Surgery at the Same Time as Yours
Some doctors, primarily specialists, take the idea of multi-tasking too far, conducting two or more different surgeries at the same time. Most patients never know that the surgeon they trusted to handle only their procedure was actually involved in multiple surgeries at the same time. Doctors and hospitals argue that these multiple surgeries save costs,…
Read MoreIt’s Getting Harder to Get Good Health Care in Rural America
There’s a rural health crisis in America that is making it harder and harder for people who live in certain parts of West Virginia to get quality health care. One of the biggest problems is that primary care physicians, the lifeblood of smaller communities, tend to leave for better-paying pastures in the suburbs and the…
Read MoreAllergan Breast Implant Recall Issued Due to Cancer Risk
CNN reported on July 25, 2019, that Allergan “issued a worldwide recall of Biocell textured breast implants and tissue expanders that have been linked to a rare cancer. The move came after the US Food and Drug Administration requested the manufacturer voluntarily recall the products.” Allergan claimed the recall was in response to global information…
Read More4 Factors Necessary to Prove Causation in a Medical Malpractice Claim
When you file a medical malpractice claim, you must be able to prove causation. Causation is a legal term that refers to the required proof regarding a particular issue that stems from a specific action. As the plaintiff, you must prove the defendant’s action(s) or failure to act in some way (among other things) contributed…
Read MoreSuing for Failure to Diagnose Cancer
Cases that involve a failure to diagnose cancer can include various forms of negligence. In some cases, a doctor may fail to conduct the tests necessary to detect cancer such as a biopsy or mammogram. In other instances, a pathologist or radiologist may act negligently by mishandling the patient’s medical file. For example, a radiologist…
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