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Medical Malpractice

Recent Posts in Medical Malpractice Category

  • What Is Violation of Patient Consent?

    When you hear “ medical malpractice,” it’s likely that you immediately think of doctors prescribing the wrong medication or performing surgery on the wrong patient. However, medical malpractice does not always involve a horrible accident or procedure gone wrong. In fact, a doctor or nurse may be guilty of malpractice if they perform a treatment without first obtaining the patient’s permission. ...
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  • Birth Injuries Caused by Medical Negligence

    Not All Birth Injuries Are the Result of Medical Malpractice In some cases, birth injuries are the result of maternal illness, delayed birth, prolapsed umbilical cords, or other factors that medical care providers are not always reasonably able to identify and remedy right away. Oxygen deprivation is also a common problem during labor that is not always the direct result of medical malpractice and ...
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  • What Should Your Doctor do If They Make a Mistake During Surgery?

    What Is My Doctor Supposed to Do if They Make a Mistake During Surgery? When doctors make mistakes during surgery or doing another medical procedure and they are aware that they have done so, they are legally required to fully disclose their errors to you and your family members, if applicable. It is unlawful for physicians to knowingly disclose mistakes that will impact your health and ...
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  • 4 Common Anesthesia Errors

    Anesthesia Errors That May Warrant a Medical Malpractice Lawsuit When you go in for surgery, you put your health and well-being in the hands of your doctor and other medical staff involved. This can result in serious injury, medical complications, and even death when physicians fails to administer anesthesia appropriately. While anesthesia errors vary widely in nature, these 4 are the most common: ...
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  • Can I Sue My Doctor Years After Surgery?

    Can You Sue a Doctor After 10 Years? Unfortunately, you cannot sue a doctor after 10 years. Medical malpractice cases are subject to restrictions, one of the most important being the statute of limitations, or the time frame in which an injured person must file an official claim against the person or entity who harmed them. If you have had an operation within the past several years, you may have ...
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  • What Happens When Doctors Make Anesthesia Errors?

    Can You Die From Anesthesia? When considering the question of "can too much anesthesia kill a patient," the answer is yes. If a doctor or other medical professional makes a mistake when administering your anesthesia, it can result in serious pain, medical complications, and even death. However, such errors are unfortunately common. There are a number of things that can and often do go wrong when ...
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  • Can I Sue a Nurse for Medical Malpractice?

    Nurses are there to augment a doctor’s care and ensure you are taken care of. However, in the same way, doctors may harm their patients through negligence, failure to be careful, or disregard for proper procedures, nurses can hurt their patients by acting inappropriately. Depending on the specifics of your experience, you may have a case for malpractice if you have been injured or harmed by a ...
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  • Do I Have a Medical Malpractice Claim?

    Medical malpractice occurs when a patient suffers an injury by a doctor, or another healthcare provider, who fails to competently perform his or her medical duties. The following blog post explains the general principals and broad categories of rules which apply to most medical malpractice cases. In order to prove that medical malpractice occurred, you need to be able to show all of the following ...
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  • Can I Sue the Hospital for Medical Malpractice?

    When patients sustain injuries while under the care of medical professionals, they can seek compensation for their injuries by filing a medical malpractice claim. However, this is not always straightforward. If your injury occurred in a hospital setting, it is possible that you can hold the facility liable for your injuries, though there are some circumstances in which the hospital might not ...
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  • Electronic Medical Records and Medical Malpractice Cases

    Prior to the advent of personal computers, all medical records were written by hand. Whenever an attorney needed to review medical records in medical malpractice cases, he or she would have to rely on the handwriting of doctors to understand more about the case. However, it has now become easier than ever to spot deficiencies in the standard of care by reading electronic health records (EHR). In ...
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  • Common Preventable Medical Errors

    According to The Journal of the American Medical Association, almost a quarter of active-care patient deaths were rated as at least “possibly preventable by optimal care.” Around 6% was rated as “probably or definitely preventable.” This means anywhere from 6% to 23% of patient deaths could have been prevented with better care. Likewise, as high as 74% of medical errors not resulting in wrongful ...
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  • Medical Malpractice Reforms Could Be Hurting Patients

    HR 1215, also known as the “Protecting Access to Care Act of 2017,” is bill created to put dollars over patient safety. The bill caps non-economic recoveries at $250,000. This means if someone was critically injured by a negligent physician, that person wouldn’t receive more than $250,000 for pain and suffering or loss of enjoyment of life. While many might seem like this is a lot of money, ...
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  • Doctors Are Fatally Overprescribing Opioids

    Part of a physician’s job is to treat a person’s illness and help them manage any painful symptoms while the illness is being targeted. For example, if a person breaks his arm, his doctor should treat the break, bandage the arm, and prescribe pain medication mild enough to help the man cope with the painful side effects of the bone break. However, many narcotic pain medications are made from ...
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  • Do Bed Sores Form Due to Medical Negligence?

    Kempton & Russell proudly represents families who have had loved ones suffer injury or harm due to medical malpractice. Time and time again, our attorneys have found that bed sores are not a symptom or side effect of an illness. Rather, it may be a direct result of medical negligence, such as inattentive nursing home staff and failure to provide the patient with the care that they deserve. If you ...
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