Medical Malpractice

Medical Malpractice Laws by State

Medical malpractice laws governing hospital and doctor lawsuits vary by state. While the general principles required for a medical malpractice lawsuit are consistent nationwide, there are differences...

Reasons for Medical Malpractice

Medical malpractice can result from a negligent or careless act by any medical professional or healthcare provider or institution.   Medical malpractice can also be the result of the failure to take the appropriate action or supply the proper care that should be administered by a medical professional in any given medical situation or healthcare that deviates from accepted standards of medical care and/or practice.

What is Medical Malpractice?

Medical malpractice refers to treatment by a medical professional which, usually due to medical negligence, causes an undue injury to the patient. Medical malpractice laws, and lawsuits...

Medical Malpractice Cases

Medical malpractice occurs when a medical practitioner, whether a doctor, nurse, anesthesiologist, or health care provider, negligently or improperly practices his or her profession.   Medical malpractice takes on many different forms and each case is different from the next.   Some medical malpractice cases involve failure to diagnose illnesses that result in the wrongful death of the patient, while others include surgical errors such as leaving medical utensils inside a body cavity after surgery.   There is simply no telling how or when a medical professional will fail to adhere to t

Types of Medical Negligence

There are many different types of medical negligence, and no two cases are ever the same. Given the complex nature of the practice of medicine, it is no surprise that even...

From Injury to Judgment: Medical Malpractice Law in Maine

The right to sue a doctor is rooted in common law, almost always the law of torts (negligence), very, very rarely in the law of contracts.

Liability in Medical Malpractice

Incidents of medical malpractice are far more widespread than even most patients care to realize. In fact, a comprehensive study by medical professionals in 1998 noted that 98,000 patients die each year from preventable medical errors, and a follow-up study done in 2006 concurred with the earlier results and furthered the spectrum of harm done by medical malpractice by noting that over 1.5 million patients each year are detrimentally affected by medical malpractice.

Malpractice Lawsuits Against Military Doctors

Members of the military have the right, just as civilians, to competent medical care. Should a member of the military suffer an injury due to medical negligence of a military doctor...

Medical Malpractice: Assumption of Risk

During the course of any medical care, patients agree to allow healthcare professionals to perform medical procedures within the scope of their training and within the realm of the reasonable standard of care that currently exists in the medical community. In any medical event, patients have legal rights to be informed about any and all procedures they undergo while under a doctor’s care.

Comparative Negligence in Medical Malpractice

Medical malpractice tort claims never prove as clear cut as many persons wish to assume. In many instances, a variety of factors contributed to the detrimental damages victims experience following or during an incident of medical malpractice. Within tort law...

Hospital and Emergency Room Malpractice

Hospitals, urgent care clinics, general practice offices, radiology departments, emergency rooms, dental offices, plastic surgery centers and all other professional medical centers...

How to Start a Medical Malpractice Lawsuit

Once a patient or their family has determined that medical negligence resulted in an injury or a wrongful death, then pursuing a medical malpractice lawsuit may be...

Medical Malpractice Judgment

When negotiating a settlement of damages with defendants outside the court of law fails and a trial reaches its conclusion, the trier or finder of the facts, which is either a jury or judge, will render a formal decision. This is known as a judgment, or in regards to civil procedures in the United States, entry of judgment. Within the each individual judgment, a number of mandates may be made by courts, and for those concerning medical malpractice torts, a number of medical malpractice judgment terms may be issued by judges or juries within the parameters set by a presiding judge.

Proving Medical Malpractice

Within a medical malpractice tort case, a dispute of opinions will exist between two or more parties, known as the plaintiff and defendant or defendants. The plaintiff, or alleged victim of medical malpractice, will file suit against defendant’s, or healthcare providers, named in their medical malpractice suit for any number of claims.

Time Limit for Filing a Medical Malpractice Claim

When someone is injured by the negligence of a doctor or other medical professional, it often doesn't occur that the injury was caused...

What Makes a Medical Malpractice Case?

After a patient has been caused injury by a medical professional or hospital, they will likely consider whether there’s is a case of medical malpractice. Further, if it is medical malpractice...