MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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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…

What To Do If You’re Injured During an Urgent Care Visit

An urgent care center provides a broad level of medical care for people who need treatment for serious, but not immediately life-threatening conditions. Sometimes called walk-in care, these centers are an alternative to going to the emergency room (ER) for a condition that may end up leaving the patient waiting for hours….

What To Do If You’re Injured During an ER Visit

When an emergency medical issue comes up, the first visit is the emergency room. The emergency department (ED) is where a patient is evaluated and prioritized based on their condition. The most serious cases may go straight to surgery. Less serious conditions may be evaluated with the patient released with medication or…

What To Do About Heart Surgery Malpractice

Thousands of heart surgeries are performed every day in the United States. Many of the patients come out of surgery successfully, with no major complications, and can go back to leading a normal life. However, like any invasive surgery, heart surgery can be complicated. If the doctor or surgeon makes a mistake…

Is Sexual Misconduct Medical Malpractice?

Patients have to have a lot of trust when they open up to a doctor. You may tell your doctor things you would never even tell your closest friends or family members. During physical exams and evaluations, your doctor may see, touch, and probe you in ways that you would only allow…

Common Misdiagnoses Doctors Make

After years in school, exams, licensing boards, residency, fellowships, and experience, doctors have a lot of education and training to help them make the right diagnosis. Doctors also have a lot of tools at their disposal, including imaging, blood tests, and consultations with other specialists. Unfortunately, even with all these resources, doctors…

Can You Sue For a Delayed Diagnosis?

If your doctor failed to recognize signs of a more serious medical situation and it was not discovered until later, you may be a victim of delayed diagnosis malpractice. A delayed diagnosis can be very serious, especially for cancer or other serious diseases. If a doctor made a mistake that delayed diagnosis…

My Doctor Gave Me the Wrong Referral – Can I Sue?

If you go to see your doctor for a medical issue that should be handled by another medical professional, your doctor should refer you to a specialist. A specialist has the specific education, training, and experience to deal with specific health concerns and can provide the best level of care. Unfortunately, some…

Can You Sue a Chiropractor for Medical Malpractice?

If a doctor makes an error that causes an injury, the injury victim can file a medical malpractice lawsuit. What happens when a chiropractor makes a mistake and injures a patient? If a chiropractor’s error causes injury to a patient, the injury victim can file a claim for damages. A malpractice claim…

Can You Sue a Dentist for Medical Malpractice?

Going to the dentist is rarely a pleasant event. It is easy to put off dental check ups out of concern that the dentist will find a cavity, tell you to floss more often, or recommend a root canal. However, when a dentist makes a mistake, it can be a lot more…

What Are the Most Common Types of Medical Malpractice?

Most people believe that medical errors are rare. Unfortunately, they are more common than people realize. As many as 1 in every 10 deaths in the U.S. are caused by a medical error. Many patients and their families never even find out that they were injured because of a medical mistake. Reporting…

Is It Hard to Prove Medical Malpractice?

Even if you know in your heart that your doctor made a mistake that caused an injury, proving it in court is a very different process. Proving a medical malpractice case may not be hard or easy but it is generally very complex. The legal system surrounding medical malpractice has developed over…

Can You Sue a Midwife for Medical Malpractice?

Midwives provide assistance to a mother during pregnancy, labor, childbirth, and after delivery. Midwives in the United States have to undergo formal training, which could include certification as a midwife or as a nurse midwife. Many mothers appreciate having a midwife during pregnancy to help them through the process. Unfortunately, some midwives…

The Types of Damages in a Medical Malpractice Lawsuit

After a medical injury, the damage done may include scars, unnecessary surgery, and time away from your job and family. How is an injury victim supposed to be compensated for a medical error? In a medical malpractice lawsuit, the injury victim can recover compensation through a claim for damages. Damages can include…

How Much Can I Receive in a Medical Malpractice Settlement?

When a medical malpractice lawsuit is heading to a jury, the parties involved generally settle the case before it gets to trial. Settlement is the most common outcome of a medical malpractice case, where the injury victim agrees to take the amount offered and drops the legal claims against the doctor. With…

What Are the Medical Malpractice Lawsuit Rules for Maryland?

Medical malpractice cases are very state specific. Some rules even vary by the individual county, courthouse, or judge assigned to your case. This is why it is important to find an experienced medical malpractice lawyer with experience handling cases just like yours. A local Maryland medical error lawyer will understand the specific…

How Does Telemedicine Affect Medical Malpractice?

The medical industry increasingly uses telemedicine to provide remote care. There are many benefits to using telemedicine, including increased access to care for people in remote or rural areas. However, some types of medical services really benefit from in-person care. When doctors make mistakes over the phone, through emails, or during video…

How to Prove Medical Malpractice?

Many people who are injured because of a medical error do not know they were a victim of medical negligence. Even if injury victims do suspect that there was a mistake, they may not be sure their case involves medical malpractice. How is an injury victim supposed to know if they have…

How to Find a Medical Malpractice Lawyer in Maryland?

How do you even begin to find a medical malpractice lawyer after you suffered an injury in a Baltimore hospital? If you try to search online, you may be overwhelmed with ads for lawyers that you know nothing about. Instead of blindly searching in the dark, take some time to look at…

Can You Sue an EMT for Medical Malpractice?

You can sue an EMT for negligence that caused harm or injury in a medical accident. However, even if the EMT is responsible for part of your injuries the EMT may not be able to compensate you for all of your damages. Instead, you may want to ask a medical malpractice law…

My Doctor Misdiagnosed My Cancer

There are more than one million new cases of cancer every year in the United States. Each year, more than 600,000 people will die from cancer. Unfortunately, many of those cancer cases could have resulted in better outcomes or improved quality of life for patients if the cancer had been detected earlier…

Who to Sue for the Wrong Medication?

Patients trust that when their doctors write out a prescription, it will be the right drug to treat the patient’s symptoms or condition. However, sometimes, the medication does not work. In some cases, the medication could cause you to get sick, suffer an injury, or require emergency treatment. What is the patient…

My Doctor Gave Me the Wrong Medication – Can I Sue?

If your doctor gave you the wrong medication and it caused an injury, you may be able to sue for damages. A medical malpractice lawsuit allows injured patients to get compensation for an injury caused by medical negligence. If the doctor failed to provide standard care in prescribing a medication, which caused…

Can You Sue for Anesthesia Errors?

You can sue for anesthesia errors that result in injury or death. Like other medical mistakes, the injury victim can file a medical malpractice claim to recover damages. After a fatal anesthesia error, the family may be able to recover wrongful death damages to hold those responsible accountable for their actions. A…

What Does Informed Consent Mean?

Medical patients have the right to know the risks of any medical procedure before they agree to receive treatment. Only when the patient understands the risks and benefits can they give meaningful consent to undergo medical care. If the doctor does not inform the patient of the risks and something goes wrong,…

What Does Negligence Mean?

Negligence is the basis for most personal injury claims. In law, negligence is the failure to exercise due care that causes an injury. In most personal injury lawsuits and medical malpractice claims, the plaintiff needs to show the defendant was negligent in causing their injuries.   What is Negligence? In a personal injury…

Can I Sue Nurses For Medical Malpractice?

After a patient suffers a serious injury caused by medical mistakes, the victim may not be sure exactly who was responsible. Medical care in most hospitals, clinics, and care facilities involves multiple doctors, nurses, and other care providers. When a doctor was responsible for the injury, the patient can file a medical…

Can I Sue a Hospital for Medical Malpractice?

In a medical malpractice claim, a patient who is injured because of a doctor’s mistake can seek to recover damages caused by the accident. Doctors owe their patients a duty of care and when they breach that duty, causing an injury, they may be liable for the patient’s damages. However, how does…

What is Breach of Duty of Care?

If a doctor’s mistake causes an injury, you may be able to recover money for medical bills, loss of income, and pain and suffering. However, the process of bringing a medical accident case to court can be a long and complicated process. A cause of action in most personal injury claims requires…

Can I Sue If My Relative Got COVID in a Nursing Home?

A medical malpractice lawsuit allows injury victims and their families to recover damages for negligent medical care that caused an injury. In a nursing home malpractice claim, the injury victim may be able to file a lawsuit against the facility for negligent care that resulted in harm. However, recovery for COVID-related injuries…

Can I Sue For a Misdiagnosis?

A medical misdiagnosis can lead to serious injury, permanent damage, and death. When a patient reports symptoms that are not properly evaluated, the patient may be left with an undiagnosed condition that goes untreated. Without treatment, the patient’s condition could worsen or the patient could suffer serious harm.  A misdiagnosis, delayed diagnosis,…

Personal Injury Lawyers

Accidents and injuries can happen anywhere. People suffer injuries at home, on the job, at school, or on the road. Unfortunately, many of these injuries are caused by negligence, neglect, carelessness, or reckless behavior. When someone else was responsible for the injury, they may be held accountable for their actions. A personal…

Car Accident Lawyers

Almost 2.5 million people are injured in traffic crashes every year. Injuries can range from minor bruises and cuts to debilitating injuries. Many of those accident victims did nothing wrong and were simply in the wrong place at the wrong time. Accident victims should not be left to deal with their injuries…

How Long Does a Personal Injury Lawsuit Take?

After suffering an injury accident, the injury victim may be faced with immediate financial stress. The injury victim may have medical bills piling up, while facing more medical expenses in the future. The injury victim may not be able to work after an injury, leaving their family without a paycheck. How long…

5 Main Types of Birth Injuries

A birth injury is an injury that occurs during pregnancy, delivery, or shortly after the birth process. Birth injuries can range from minor injuries that are harmless to permanent brain damage and physical disability. Some birth trauma can be fatal for the baby and the mother. There are several causes of birth…

How is Birth Injury Compensation Calculated?

After your child suffers a birth injury, you will want to provide the best care possible. However, parents cannot avoid the fact that medical care and specialty care in this country is expensive. Providing a lifetime of care can cost millions of dollars over the course of decades. When the injury was…

How to Know If You Have Traumatic Brain Injury at Birth

No parent ever wants to think about a possible birth injury. Pregnancy and childbirth can be traumatic enough, without having to think about possible long-term problems. Unfortunately, parents may not even find out about a traumatic birth injury until years later. By then, it seems like nothing can be done. However, there…

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