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Recent Posts in Medical Malpractice Category

  • Why Do Medical Devices Fail?

    When you go to a hospital or clinic to get treated for a medical condition, you expect any medical equipment your doctor uses to help your condition improve. Unfortunately, this is not always the reality. Defective medical devices hurt thousands of patients each year, sometimes even causing permanent disability and even death. More than 1.7 million medical device injury reports have been filed to ...
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  • Goshen Hospital Error Exposes Patients to HIV, Hepatitis

    1,200 Surgical Patients May Have Been Infected by Imperfectly Sterilized Instruments If you underwent a surgical procedure at Goshen Hospital between April 1 and Sept. 30, 2019, you may have been exposed to blood-borne illnesses including HIV and Hepatitis B and C. A technician error resulted in instruments missing 1 of 7 typical sterilization steps between uses. The hospital sent out letters to ...
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  • Kansas Supreme Court Strikes Down Cap on Noneconomic Damages in Medical Malpractice Cases

    This summer, a landmark opinion from the Kansas Supreme Court eliminated the cap on noneconomic damages in medical malpractice lawsuits . Decided in a case called Hilburn v. Enerpipe, the ruling ensures personal injury plaintiffs will no longer be regulated by the $250,000 cap established in 1986. The History of the Cap Kansas initially applied a $250,000 cap on noneconomic damages specifically to ...
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  • What Is a Never Event?

    Everyone makes mistakes, but there are some accidents that should never happen, especially in the healthcare field. Medical errors that should never occur are referred to as “never events,” and sound like the stuff of nightmares. Unfortunately, never events don’t happen as rarely as their name suggests. Too often, patients wake up with the wrong leg amputated, or with a cotton ball or medical tool ...
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  • Can Doctors Safely Prescribe Opioids?

    The answer to this question is only available on a case-by-case basis. For example, if a patient has a family history of addiction, it is never safe to prescribe them opioids. Nevertheless, opioid painkillers may be helpful for other patients, as long as they are prescribed with clear and individualized care – and according to CDC guidelines . Opioids: What’s the Risk? Opioid painkillers have a ...
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  • Reflecting on Medical Malpractice Awareness Month

    Last month was Medical Malpractice Awareness Month, sponsored by the National Medical Malpractice Advocacy Association (NMMAA) . The goal of recognizing July as Medical Malpractice Month is to inspire awareness and encourage transparency in the health care field. As an organization, NMMAA hopes to “end the silence” of people who have been injured or lost loved ones because of medical negligence. ...
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  • Opioids Are Deadlier Than Traffic Accidents

    For the first time in history, the odds of Americans dying from an accidental opioid overdose are higher than from a traffic accident, according to an analysis conducted by the National Safety Council. This crisis has drawn the attention of lawmakers seeking tangible solutions for public health and safety. Medical professionals are responsible for prescribing these powerful drugs under controlled ...
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  • J&J Says Key Witness in Talcum Powder Case Made Falsities in Testimony

    A jury in New York City’s controversial asbestos court reached a $25 million verdict against Johnson & Johnson. J&J also faces the possibility of punitive damages. Jurors will reconvene next week to deliberate whether punitive damages should be awarded as well. This is the first time since the 80s that a New York City asbestos case has had a jury deliberate punitive damages. So far, defendants ...
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  • Is My Fall in a Hospital Considered a Premises Liability or Medical Malpractice Case?

    As the average medical malpractice case reveals, hospitals and medical clinics are not always capable of providing the safe, healing environment that patients should be able to expect. However, not every injury suffered in a hospital is caused by the negligence of a medical provider. Slip and fall accidents are unfortunately common due to the slick tiling of most medical centers, medicinal fluids ...
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  • Can My Doctor be Held Liable for a Painkiller Addiction?

    The ongoing opioid epidemic has the entire country afraid to touch prescription painkillers. Each day, dozens of people lose their lives to opioid overdoses, the vast majority of which are unintentional and not related to illegal drug use. That is to say, people are inadvertently harming themselves and their loved ones due to an addiction to their prescribed opioid medications . This harrowing ...
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  • Why Can Birth Injuries Lead to Medical Malpractice Claims?

    Birth injuries are a tragedy faced by many families. Unfortunately, birth injuries can often be prevented when proper measures are taken to ensure a safe birth. If your child was injured during their birth or while still in utero, you may be able to file a medical malpractice claim against your physician. Here are some things to understand about how birth injuries can be the basis for a medical ...
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  • Wrongful Death of a Child: What to Know for Your Claim

    There is nothing more tragic or more devastating than the wrongful death of a child. Whether they are lost to a sudden accident or succumbed to injuries resulting from a medical error, parents deserve the chance to hold the responsible party accountable for their negligence. By filing a wrongful death of a child claim , the surviving family can pursue compensation for the loss of their child. If ...
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  • FDA Gives New Recommendations for Using Neurovascular Stents

    Recently, the FDA sent out a letter to health care providers that gives new safety recommendations for neurovascular stents that are used for stent-assisted coiling (SAC) of brain aneurysms. According to the FDA, the agency received reports about neurovascular stents that suggest some instances of peri-procedural stroke and/or death might have been related to procedural risks or factors related to ...
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  • How Delayed Diagnosis or Misdiagnosis Can Cause a Medical Malpractice Claim

    As a patient, you expect that your doctor will do everything they can to ensure that you are quickly diagnosed and receive the appropriate medical care. In some instances, however, it is possible that your doctor may not perform these duties with the care and competency that they should. Many medical malpractice claims involve misdiagnosis or delayed diagnosis. What Do I Need to Prove for My ...
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  • What is Cerebral Palsy?

    Cerebral palsy is an umbrella term that encompasses a number of disorders that affect a person’s ability to move. These disorders occur due to damage to a baby’s developing brain during pregnancy or shortly after birth. Cerebral palsy can affect people in many ways, and often affects the person’s control over their body. This is a permanent condition, though some of the effects may worsen or ...
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  • The Lifetime Costs of Cerebral Palsy

    Cerebral palsy is a medical condition which will last a lifetime. Those who have been diagnosed with cerebral palsy will require ongoing an extensive medical care. Frequently, sufferers of cerebral palsy will also face other medical issues, including vision and hearing impairment, cognitive challenges, and seizures. This condition is the result of brain damage which occurs during pregnancy, during ...
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  • Key Components of a Wrongful Death Claim

    What You Need to Begin a Wrongful Death Lawsuit Filing a wrongful death claim may be the best path forward after a loved one has passed away due to reckless behavior, medical malpractice, drunk driving, or any other negligence-based accidents. In order to bring a wrongful death suit, several key factors must be present, including: Death of a loved one Direct causation between death and another ...
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  • Who is Liable in a Medical Malpractice Case?

    If you have experienced physical injury or harm because of negligent or reckless behavior by a medical professional, you may have a case for medical malpractice. Depending on the circumstances of your injury, a doctor may not be the only one liable for your suffering. Because proper patient care is often multi-tiered and depends on the responsibility and attentiveness of multiple medical ...
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  • Opioid Addictions: Is Your Doctor Liable?

    Powerful pain medications are often required after surgery or a serious injury. These medications are highly effective at reducing pain but have a heightened risk of addiction as well. When prescribing medications, doctors need to be cautious of this serious side effect and ensure that their patients use the medication as intended. Your doctor should exercise reasonable care in prescribing you any ...
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