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Medical Malpractice Blogs

Recent Posts in Medical Malpractice Category

  • Preventing Medical Errors: Patient Advocacy in Missouri

    In the realm of healthcare, patient safety is paramount. As medical complexities continue to evolve, the potential for errors also increases. Bertram & Graf, L.L.C., a firm deeply rooted in advocating for the rights of individuals, recognizes the critical need for preventative measures to curb medical errors. Today, we delve into the significance of patient advocacy in Missouri and how our firm is ...
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  • Importance of Medical Documentation in Personal Injury Claims

    Personal injury claims arise when you've been injured due to someone else's recklessness or negligence. In these situations, the responsible party may be liable for your incurred damages, including medical expenses. If you've suffered an injury in an accident caused by another party, you have the right to seek compensation for the losses you've sustained. Robust medical documentation serves as a ...
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  • Comparing Medical Malpractice and Standard Negligence Cases in Missouri

    Understanding the differences between medical malpractice and standard negligence cases is crucial for personal injury cases. These two types of cases in Missouri have distinct legal requirements and procedures. In this blog post, we aim to shed light on the distinctions between medical malpractice and standard negligence cases in Missouri, providing valuable insights to help individuals navigate ...
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  • Informed Consent & Medical Malpractice Claims

    Medical malpractice can occur for many reasons, but the underlying principle is that a medical professional’s negligence leads to providing substandard treatment that injures a patient. You might think that medical malpractice is something that strictly happens on the operating table or when a doctor is writing a prescription, but it can occur during the consultation phase, well before any ...
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  • Common Examples of Hospital Negligence

    Most of us would like to believe that hospitals always provide patients with the best possible care and treatment. Unfortunately, that is not always the case – especially now that hospitals everywhere still seem to be dealing with strains caused by COVID-19. These strains, however, shouldn’t excuse instances of negligence that cause injury and death in hospitals. More than 200,000 people in the ...
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  • What Happens If My Doctor Wrote the Wrong Prescription?

    Medical professionals are responsible for providing their patients with adequate and effective medical care. According to MedicineNet.com, however, as many as 1.3 million people in the U.S. are injured every year because of a medication error. This type of negligence is relevant to medical malpractice law, which means you can pursue damages if you were harmed because of a doctor’s negligent ...
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  • Can I Sue a Doctor Who Misdiagnosed Me?

    We place a lot of trust in doctors and other medical professionals – after all, why shouldn’t we? To do what they do, they attend several years of specialized schooling and go through a rigorous process to become a fully licensed medical service provider. Despite this, however, patients are misdiagnosed every day. In many cases, this can be the result of one disease appearing very similar to ...
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  • 5 Common Birth Injuries

    Every parent wants to make sure their new baby is delivered as healthy and well as possible. These hopes can be dashed, however, when a doctor, nurse, or another medical professional is negligent during delivery or while monitoring the child in the womb. Such negligence can result in a birth injury that may cause permanent disabilities or even death. Whenever a child is hurt in such a manner, the ...
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  • Is It Medical Malpractice If I Fall in the Hospital?

    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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  • 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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  • 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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  • 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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  • 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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