MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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What Is Classified As Medical Negligence?

Medical negligence happens when a doctor or medical professional fails to provide proper care. Everyone has a duty not to negligently cause injuries. However, doctors have a special duty of care based on their training, experience, and responsibilities to their patients.  When medical negligence causes injuries to a patient, the patient may…

Can You Sue if an Operation Goes Wrong?

For an elective surgery, the patient may end up waiting weeks or months for the operation. Medical emergencies may require immediate surgery. For planned or unplanned surgeries, the patient experience is often interrupted by being under anesthesia. Anesthesia allows the patient to go through a procedure without feeling pain.  However, the patient…

How Can I Check My Doctor’s Malpractice History?

You may have every confidence in your doctor. However, after something goes wrong and you are injured by a medical error, your opinion may change. After filing a medical malpractice lawsuit, you may be shocked to learn that your doctor has been the subject of dozens of medical malpractice lawsuits for injuries…

Can You Sue for Birth Defects After Genetic Testing?

Genetic counseling for pregnant women can help get more information about genetic conditions in the parents and the fetus. A pregnant woman can find out more about possible genetic birth defects to make family decisions. However, if a genetic counselor makes a mistake, it can leave a pregnant woman without the information…

Do Doctors Hide Mistakes?

Doctors make mistakes all the time. In some cases, those mistakes are minor and no one is injured. However, some medical mistakes can lead to serious health consequences, including serious injury, disability, or death. What happens next can depend on whether the doctor admits to the mistake or denies everything.  The healthcare…

Botched Facelift Procedures and Medical Malpractice

Getting a face-lift is a common cosmetic surgical procedure for people getting into their 50s, 60s, or 70s. A facelift can reduce sagging skin and smooth the contours along the jawline and cheekbones. Facelifts are increasingly common among men as well.  Unfortunately, not all plastic surgery is as good as it should…

What Happens if There Are Medical Documentation Errors?

Your medical record documents your medical care, treatment plan, and observations. Your health record is incredibly important in communicating your care in the hospital. Problems in your medical chart can mean problems with your medical care.  Medical documentation errors can result in wrong treatment, wrong medication, and even wrong surgery errors. Fortunately…

How Often Do Doctors Get a Diagnosis Wrong?

A diagnosis is the identification of a medical illness or condition that is made based on an examination of the patient. Making a diagnosis is one of the most important roles provided by doctors. Doctors often need to make a diagnosis before they can begin to explore treatment options.  Unfortunately, misdiagnosis is…

Preventing Medical Errors During Delivery

During the months of pregnancy, parents-to-be are often thinking about how they will care for their child to give them the best life possible. The last stage of pregnancy is delivery, and parents understand how important it is for their child’s health. If a doctor makes a mistake during delivery, it can…

Spinal Fusion Implant Malpractice

The spine is among the most important structures in the human body. It is literally the backbone of a person, and is responsible for protecting the spinal cord as well as providing stability and structure. Patients with bone and spine disorders can benefit from spinal implant surgery to strengthen and stabilize the…

Are Medical Malpractice Cases Hard to Win?

Medical malpractice lawsuits have the same burden of proof as other civil lawsuits. The injury victim has to show that “by a preponderance of the evidence,” they meet the elements of the claim. This means it is more likely than not (more than 50%) that elements of a malpractice case have been…

How to Find a Medical Malpractice Lawyer in Chicago

After a medical injury in a Chicago Hospital, the injury victim may not know where to turn. The hospital may be avoiding your calls and the doctor may try and blame the mistake on something you did. At this time, you need help from a professional. An experienced medical malpractice attorney can…

What Are the Most Common Reasons Patients Sue Their Doctors?

Healthcare patients don’t just sue doctors on a whim. There are generally very good reasons for when a patient goes through the process of filing a lawsuit against their healthcare provider. Among the most common reasons are lawsuits filed because of medical malpractice.  There are tens of thousands of medical malpractice lawsuits…

How Common Are Surgical Mistakes?

Surgery can be a major medical intervention. Most patients don’t undergo surgery without giving it serious thought. In most cases, patients will undergo surgery after carefully considering the risks and benefits. There are still risks associated with surgery, even for the best surgical teams in the country. However, errors can occur that…

The Basics of Pennsylvania Medical Malpractice Law

Every state has different medical malpractice laws. It may not seem fair but your legal options can depend on the location where your hospital or doctor is located after a medical injury. State laws can impact the medical malpractice lawsuit process, timelines to file a case, and the amount of money you…

Can I Get Compensation for Emotional Distress?

A medical injury caused by negligent medical care can be traumatizing. Some medical malpractice accidents result in permanent scarring, loss of function, or disability. For the rest of the patient’s life, they have to live with the painful memories of being permanently injured because a doctor didn’t follow the rules.  Emotional distress,…

Medical Malpractice and Breast Implant Surgery

Breast implants are one of the most common cosmetic surgical procedures in the United States. Some people want breast implants to give them more self-confidence, balance their figure, or adjust the size of their breasts after pregnancy. Many people are happy with the outcome but not all breast implant surgeries go as…

What Elements of Malpractice Are Hardest to Prove?

There are four basic elements of a medical malpractice case. To win compensation for a medical injury, the plaintiff has to prove each element of the claim. Even if you think you have a strong case, it is important for you to address each element of medical malpractice or you could have…

Can You Sue a Nursing Home for Restraint Injuries?

When an older parent or family member can no longer care for themselves at their own home, they may need to be placed in a residential facility. It can be a difficult decision for family members when they have to displace an older person from their home and belongings. However, it may…

Is There a Cap on Birth Injury Damages in Chicago?

A birth injury can be devastating for parents. After waiting months for your new baby to arrive, you may discover the child was injured during delivery or something went wrong during the pregnancy. When a child’s birth injury was caused by medical negligence, the parents can recover damages to help pay for…

What Are Signs of a Birth Injury?

Many parents experience issues with the hospital during the birth of their child. The problems are not always obvious, sometimes it could be a doctor or OB/GYN who seems stressed or rushed. Sometimes it could be a nurse speaking quietly to the doctor but not sharing information with the parents. Unfortunately, most…

Artificial Pacemaker Medical Malpractice

Millions of people across the world have a pacemaker implanted as a way to repair damaged hearts. A successful pacemaker implant can prolong a quality of life for years to come. Pacemakers can be for people with congenital heart defects, heart disease, or other heart problems.  Most pacemaker surgeries are successful but…

What Evidence Do You Need for Medical Malpractice?

When you file a medical malpractice lawsuit, you are responsible for proving to the court that the doctor or hospital committed malpractice. This includes showing evidence that supports your case, that the doctor did something wrong that caused your injuries. It is important to know what kind of evidence you need to…

What Are Examples of Medical Errors?

You may hear the term “medical malpractice” on TV and in movies and generally understand what it is. However, until you have experienced a serious malpractice incident that causes serious injury and suffering, it is shocking to find out how common the problem is. Thousands of incidents of medical errors happen every…

Did I Get Sepsis Because of an Infection in a Hospital?

Most people don’t like spending any more time in a hospital than is absolutely necessary. Some people even forgo getting medical treatment because of their concerns about being in the hospital. Even though hospitals are supposed to have strict cleaning protocols, sterilization procedures are not always followed. A healthy patient could walk…

How to Obtain Copies of Your Medical Record

As a patient, you have the right to access your own medical records. Your medical records can be important in a medical malpractice lawsuit to show which doctors and staff were involved in your treatment and identify any suspicious treatment notes. Unfortunately, doctors and hospitals can make it difficult to get your…

Medical Malpractice and Hip Implants

A hip implant is a major surgery but it can bring welcome relief to people suffering from hip pain from arthritis. A serious and invasive surgery like hip implants can have complications, including some of the risks associated with any major surgery. However, doctors can also make mistakes before, during, and after…

Calculating Lost Wages From Medical Malpractice

After a serious injury, you may not be able to work for weeks or months. In some cases, your injuries may be so severe that you will not be able to return to work. If your injuries were caused by a medical error, the doctors involved should be held accountable for your…

Medical Malpractice and Veterans Affairs

After service to the country, veterans deserve respect and proper care for their sacrifices. Unfortunately, many veterans find that the government seems to forget about them after their service, especially for veterans in need. Medical care at VA facilities can have problems just like any other hospital. Unfortunately, it may be more…

What Is Medical Malpractice Insurance?

Medical malpractice is professional negligence involving doctors, hospitals, and healthcare professionals. When a patient is injured by a doctor’s medical errors, the injury victim can file a medical malpractice lawsuit against the doctor involved in the medical accident. If a doctor is found liable, the doctor may have to pay for the…

Who Will Pay Out My Medical Malpractice Settlement?

After the pain and difficulty of a medical injury, you may want to speed up the process and receive your settlement so you can get back to your life. Unfortunately, the legal process for a medical malpractice lawsuit can take a long time. The medical provider or insurance company may make a…

How Long Will a Medical Malpractice Lawsuit Take?

Real lawsuits are not like court dramas on TV where everything gets settled within an hour-long episode. A real civil lawsuit can take months or years. Even a minor car accident lawsuit can take a year or more. However, medical malpractice lawsuits can take even longer. It may be surprising but the…

How Can a Lawyer Help With Medical Liens?

When a patient suffers a serious injury caused by a medical error, they may still be worrying about who will pay the medical bills to fix the injury. It is unfortunate that cost has to be such a concern for injury victims who need care through no fault of their own. Even…

How to Appeal a Medical Malpractice Verdict

Medical malpractice cases can take a lot of time before they ever get to trial. Even though most medical malpractice lawsuits are settled before they get to trial, even getting a settlement can take 2 years or more. The injury victim may be relieved after years of waiting and a long trial…

How to Speed Up My Medical Malpractice Lawsuit

Medical malpractice cases can take a long time. For the injury victim and their family, the time spent waiting around before they can get the money to pay for their injuries can be difficult. It may seem like nothing is happening for weeks or months before there are any updates. Unfortunately, a…

How to Find Out a Nursing Home’s Rating

One of the most difficult choices family members can make is selecting a nursing home for their loved ones. It is a difficult decision to put a loved one in a long-term care facility but it may be the only option. After an older parent is no longer able to care for…

How to Find Out a Hospital’s Rating

Many people just end up going to the hospital that is most convenient or nearest to where the patient lives. However, after getting poor treatment, being ignored by your doctor, or where you were suspicious of medical mistakes, you may be tempted to look elsewhere. How are you supposed to know which…

What to Do if Your Doctor Isn’t Listening to You

The modern healthcare experience can be frustrating. Patients often feel like they are an inconvenience to the hospital, doctors, and the insurance company. It shouldn’t be so hard to get decent medical care. Unfortunately, many patients just come to expect that they won’t get much one-on-one time with a doctor who will…

Can I Sue for Punitive Damages in My Medical Malpractice Case?

If a doctor makes a medical mistake that causes injury, the injury victim deserves to be compensated for their losses, including medical bills, lost income, and suffering for any unnecessary pain. However, what if a doctor was intentionally careless or lied about their medical errors? Shouldn’t the doctor be punished for their…

Can Errors on My Patient Record Lead to Medical Malpractice?

Making a spelling error in an email or writing down the wrong date for an appointment can be embarrassing but it usually doesn’t result in anything serious. However, errors on your patient record can have disastrous consequences. The wrong medical dosage, wrong patient information, or even the wrong site of a surgical…

Do Organ Transplant Errors Happen Often?

When a patient finds out they need an organ transplant, the clock begins ticking. It can take days, weeks, or months to find a matching donor organ. When the patient finally does finally get the call for transplant surgery, they can be so happy that they don’t consider the downsides.  If a…

Did My Doctor Misdiagnose Me Because I’m Obese?

Patients who are overweight often experience some form of “fat shaming” from healthcare providers. Even when a patient is otherwise healthy, their doctors may focus on the patient’s weight instead of addressing the patient’s actual concerns. Unfortunately for larger patients, obese patients can also be more likely to be misdiagnosed with medical…

What to Do About Wrong Site Surgery Errors

It may sound unbelievable that a doctor would take out a left healthy kidney instead of the bad right kidney. As a result, instead of one good kidney, the patient would be left with no good kidneys and require a kidney transplant even though they had a perfectly good kidney before the…

What Causes Doctors to Make Errors?

Making a mistake can be much more serious in some jobs than in others. If a pilot makes an error, it could increase the risk of a fatal crash. When a logging worker makes a mistake, it could be fatal to themselves or other logging workers. When a doctor makes a mistake,…

Filing a Medical Malpractice Claim for X-ray Overexposure

X-ray imaging revolutionized medicine by allowing doctors to look inside the human body from the outside. X-rays are still one of the most common imaging studies used in medicine, for everything from routine dental exams to identifying lung diseases. X-rays are extremely useful but they involve using powerful waves of radiation.  Too…

Can You Sue a Radiologist for Negligence?

Radiologists are doctors with specialized training in the area of radiology. Radiology involves medical imaging and diagnostic tests, including X-rays, computed tomography (CT), and magnetic resonance imaging (MRI). Radiologists interpret imaging results to help diagnose patients with a variety of medical conditions.  The role of a radiologist is very important because they…

What to Do About a Breast Cancer Diagnosis

A breast cancer diagnosis can be life-changing. Many patients who are diagnosed with breast cancer do not know what to do or how they will be able to cope. Cancer treatment has come a long way over the past decades. There are improved detection methods and treatment options. Make sure you talk…

When to Call a Lawyer For a Medical Malpractice Case

Making a phone call to a law firm can be difficult. You may still have a lot of questions before you decide to call a lawyer, including whether or not you actually have a case of medical malpractice. Many people never end up calling an attorney, even after they were injured by…

The Basics of Maryland Medical Malpractice Law

Medical malpractice laws are different in every state. If you want to know about filing a medical malpractice lawsuit in your area, it is important to talk to an experienced medical malpractice attorney who understands your state and local laws. The trial attorneys at Gilman and Bedigian have years of experience dealing…

Can a Second Opinion Prevent Medical Malpractice?

Many of us have confidence in our doctors and health care providers that they are being open and honest with us. We trust their extensive education, training, and experience to understand our health conditions, treatment options, and when to refer the patient to a specialist. Unfortunately, some doctors are just plain wrong. …

Can You Sue a Pharmacist for Medical Malpractice?

By the time you end up at the pharmacy, you may have already seen the doctor and are picking up the medication that is supposed to help your condition and make things better. You would never expect that the medication could end up hurting you or making things worse. Even if your…

What is Doctor Burnout?

We can all get burnt out in our jobs. Especially after years of dealing with the same people, the same stress, and no relief in sight, it is easy to get worn out from work. Doctors are no different. Doctors often deal in high-stress and high-stakes situations. Few jobs involve life or…

Is Overtreatment Medical Malpractice?

Many people don’t think adding an extra treatment or two would be necessarily harmful. Sometimes, providing extra treatment is helpful or at least not damaging. However, given the extent of overprescribing, overdiagnosing, and providing unnecessary medical treatment, overtreatment can cause serious injury.  Medical care should not be about guessing what a patient…

Is Medical Malpractice a Leading Cause of Death in the U.S.?

Medical malpractice is a leading cause of death in the United States. Recent studies have shown that medical errors are accountable for hundreds of thousands of deaths each year, just in the U.S. The exact number of malpractice deaths is difficult to track down because there is no mandatory reporting system in…

Suing for Kidney Dialysis Errors

Going through dialysis can be tough on the body. Some people continue to decline in health while undergoing kidney dialysis treatment. When some patients become ill or die during dialysis, it may seem like it is one of the risks of treatment. Kidney dialysis errors that injure or kill patients often go…

Can You Sue a Doctor in Civil and Criminal Court?

When a doctor makes a mistake that causes serious injury, it can be hard to believe that such things can happen without anything happening to the doctor. If you were injured by a medical error, it is up to you to take your case to court to get money for your injuries….

My Doctor Admitted to a Mistake. Now What?

Admitting to a mistake is rare in the medical community. Many doctors are worried that admitting to a mistake will mean they get sued for medical malpractice. However, in many cases, handling a medical injury by admitting to a mistake may be a way to avoid a lawsuit. When a doctor discloses…

Can Low Staffing Lead to Medical Malpractice?

Not enough staff is a common problem across many industries. As a consumer, it may take forever to get your server’s attention to ask for your bill or find an employee to answer your question in a home improvement store. However, when there are staffing problems in a medical facility, it can…

Signs of Medical Malpractice

It may be difficult to know if your injuries were caused by a medical mistake or if it was just a risk of surgery. However, there may be signs of medical malpractice. There can be some indication that your doctor was not following the proper medical standards or procedures in your care,…

How Long Will My Medical Malpractice Case Take to Settle?

Medical malpractice cases can be complex and end up taking years before a case could go to trial. Unfortunately, the best answer to the question, how long will my medical malpractice case settle? is…that depends. A simple medical malpractice claim with a limited demand for damages could settle in a few months….

Can You Sue an OB-GYN for Medical Malpractice?

Female patients often have regular visits with their OB/GYN for gynecological and obstetrical medical care. This can involve routine visits, pregnancy-related treatment, childbirth, and medical emergencies. The female reproductive system involves a number of different organs and processes. Proper OB-GYN care can make sure the female patients are healthy throughout their life. …

Cerebral Palsy and Medical Malpractice

Cerebral palsy can be a devastating injury for the whole family. Cerebral palsy is a motor disability that often impacts children and stays with them for the rest of their lives. Depending on the type and severity of the palsy, it can impact a person’s ability to move, get around, and even…

How to Find an Expert Witness for a Medical Malpractice Case

Medical science requires a lot of training, education, and experience. Understanding how a medical mistake caused serious damage can require the specialized knowledge that only a doctor has. This is one of the reasons why a medical expert is so important to your medical malpractice case.  Medical experts are a standard part…

Doctor Performed Surgery When it Wasn’t Necessary

There are always risks associated with surgery. Even a minor surgery may have risks of infection, anesthesia errors, and scarring. A surgery that a patient later finds out was unnecessary can be especially harmful. A patient may be exposed to the risks of surgery without any clear benefit, and then receive an…

What Is a Failure to Diagnose an Infection?

Infections are not always treated as serious health issues. An infection from a minor cut can be treated by washing the area with soap and water and keeping it clean. However, infections can include much more serious types of illness that can spread quickly, cause serious damage, and even lead to death. …

Can I Sue a Resident Doctor for Medical Malpractice?

When a patient is in the hospital, they may end up seeing dozens of medical professionals who are involved in their care. Most patients assume they are being treated by doctors and nurses but there may be many types of professionals participating in medical treatment. Some of the professionals may actually be…

Top Causes of Medical Malpractice

According to a study by Johns Hopkins researchers, medical errors are the third leading cause of death in America. How is it possible that with all the advanced technology and modern medical training that medical errors are still so common? It is not only doctors making mistakes. Hospitals, nurses, drug manufacturers, and…

Does a Hospital Security Breach Count as Medical Malpractice?

Why is it so important to keep your medical records private? Your health care records include more than just information about your name, medications, and health conditions. Your personal health care information can include information you may not even be aware of. Modern medical records include information about your past, present, and…

Medical Malpractice and Catastrophic Injuries

A catastrophic injury can come from out of nowhere, leaving the injury victim suffering serious and permanent damage. In a medical setting, patients and their families are not prepared for a catastrophic injury, which may happen after a person goes to the doctor for a routine procedure or outpatient surgery.  There really…

Can You Sue a Plastic Surgeon for Medical Malpractice?

Plastic surgery operations are continuing to increase across the country. Not long ago, cosmetic surgery was limited to a small group of people who wanted to change their appearance. Now, with the availability of cosmetic surgery clinics and medical spas, more people are seeking out procedures to make small and large changes…

Can You Sue a Psychiatrist for Medical Malpractice?

Mental health is just as important as physical health. Unfortunately for the health care system in the United States, the recognition of the importance of mental health is continuing to develop very slowly. There is still a lot of stigma around mental health care in many communities in the U.S., which can…

Can You Sue a Psychologist for Medical Malpractice?

Many patients seek out mental health care under a psychologist to address their behaviors, emotional problems, learning disabilities, and other mental disorders. Psychologists can be easier for some patients to access than a medical doctor and many patients feel they get a more personal interaction with their psychologist.  Although psychologists are not…

Can You Get a Doctor’s Medical License Taken Away?

If you or a loved one was a victim of negligence by a doctor that caused serious injury, birth defects, or death, you want the state to take action. A victim of medical malpractice would want a negligent doctor removed from practice to prevent other families from having to go through the…

Failure to Diagnose in a Medical Malpractice Lawsuit

A proper diagnosis is one of the most important parts of getting health care treatment. The diagnosis can be the basis for treatment options and prognosis. A diagnosis is also a way to quickly convey important medical information to other members of your healthcare team. Without a correct diagnosis, treatment options may…

How to Prove Causation in a Medical Malpractice Lawsuit

Medical malpractice cases can be complicated. This is why it is important to have an experienced legal team on your side that understands how to prove medical malpractice so you can recover damages. One of the elements of a medical malpractice claim is causation. The injury victim has to show the doctor’s…

Can You Sue for COVID-19 Misdiagnosis?

The COVID-19 pandemic took the country by surprise and has been attributed to the deaths of more than 900,000 Americans as of February 2022. In the early days of the pandemic, there was so much unknown about the virus that people were in the dark about the infection. It was not clear…

Finding Out Which Medical Devices Are Recalled

Many patients who get a medical device implanted in their bodies expect that device to last the rest of their lives. Shouldn’t a metal hip replacement last for hundreds of years or more? Unfortunately, even the most advanced medical devices can be prone to problems. Every year, medical devices are recalled for…

Parties You Can Sue for Medical Malpractice

After a medical accident, you may not know who was responsible for your injuries. Was the doctor responsible for causing your medical injury? Was the accident caused by the anesthesiologist? Maybe the injury was caused by a medical device maker or the drug company. The hospital could also have been negligent in…

How to Sue a Medical Equipment Company

After undergoing major surgery, including heart surgery, surgical implants, or joint replacement, it is a great relief to be healed up enough to leave the hospital and go home. After a few weeks or months, everything may be looking positive. However, months or years later, you may find out that the medical…

Can You Sue for Sudden Death of a Family Member?

Many patients go into the hospital for routine care, when it suddenly becomes something much more serious. Family members may expect to go to the hospital to pick up their loved one a few hours later only to find that the patient has taken a turn. It may come as a total…

Can I Sue for International Medical Malpractice?

Health care in the United States is expensive. Medical treatments in the U.S. can be much more expensive than in other countries. Lower cost medical care is not necessarily lower quality. Some patients travel overseas to get top-tier medical care at half the rates the treatment would be in America. Even with…

Can You Sue a Nursing Home Over a COVID Death?

Before the COVID-19 pandemic, injury victims and family members of nursing home residents could file a lawsuit against the nursing home for negligent treatment that resulted in injury or death. Unfortunately for victims, many states have put into place immunity laws that protect long-term care facilities and nursing homes. Sometimes these laws…

How to Gather Proof for Your Medical Malpractice Case

If you are taking your medical malpractice case to court, you need evidence to show the jury that the doctor committed malpractice. Just a claim alone without any evidence may not be enough to get your case past filing a complaint. Evidence can be very important in a medical malpractice case to…

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