MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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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…

What to Do After a Birth Injury

A birth injury can be heart-breaking for parents. The parents may blame themselves for something that was out of their control. It can be difficult to focus on the future for their child when they are thinking about their child’s future medical needs and disabilities. It is important to understand that you…

When Should You Contact a Birth Injury Attorney

Many parents put off contacting a lawyer until it is too late. They may not be sure whether the injury was caused by medical negligence. They may not want to “rock the boat” by reporting a doctor for mistakes. The parents may also not be sure what a birth injury lawsuit would…

How Long Does a Birth Injury Lawsuit Take?

A birth injury lawsuit is a type of medical malpractice claim to recover damages caused by a medical error. The amount of time a birth injury lawsuit takes depends on many factors but could range from a few months to a few years. Lawsuits are generally shorter if the family and hospital…

Types of Slip & Fall Accidents

Slip and fall accidents are some of the most common injury claims in the country. Tripping or slipping can happen any time anywhere. Many of these injuries are caused by something minor like a cracked sidewalk or torn carpeting. It may seem like these accidents are nobody’s fault, they are often caused…

Semi Truck & Pedestrian Accidents

Commercial truck drivers have to go through a lot of training, supervised driving, and undergo stricter background checks compared to other drivers. However, even with all the training and education, semi-truck drivers can still make serious mistakes. When a large truck makes a mistake that involves a pedestrian, the pedestrian almost always…

What to Look for in a Car Accident Attorney

The process for finding the right car accident attorney can be overwhelming. There are bus stop ads and billboards but that doesn’t tell you much about the law firm. Doing an online search may come up with an endless list of attorneys but not anything about how they will handle your case….

Common Types of Medical Malpractice

Medical malpractice occurs when a doctor or health care professional injures a patient through a negligent act or omission. Medical malpractice is also known as medical negligence and can involve an error, mistake, or making the wrong decision based on the situation. Some injuries are caused by failure to point out an…

Car Accidents Are Back With More Drivers

When the COVID-19 pandemic started to spread across the country, stay-at-home orders kept a lot of people off the road. Lots of workplaces moved to temporary work-from-home status, getting rid of the morning and evening commutes for many workers. The crowded highways around cities like Philadelphia, Baltimore, and Washington, D.C. suddenly became…

Sports Injuries After Indoor Restrictions

Sports were limited for a lot of people over the past year. Many school sports programs shut down and some have still not returned. Gyms and workout facilities were often closed or limited as high-risk businesses. If someone could not participate in sports at home or outside, that could limit their exercise…

Returning to Restaurants and Premises Liability

After a year of nothing but cooking at home and takeout, many people are anxious to get back to indoor dining at a proper restaurant. Restrictions are lifting to allow for indoor dining in many places, which is good for places like Philadelphia where dining al fresco is not that appealing in…

Birth Injury Statistics

Birth injuries can be tragic for parents and leave a child with permanent injuries or mental disabilities. Unfortunately, many birth injuries can be avoided or have improved outcomes. Instead, medical errors, lack of proper care, or professional negligence can be the cause of many birth injuries in the United States. It is…

Fetal Distress and Birth Injuries

When a pregnant mother feels like something is wrong, her instincts may be recognizing a problem with the fetus. Fetal distress is a general term for problems in the womb where the baby is at risk of injury, harm, or death. These problems can include oxygen deprivation, birth infection, or other birth…

Fetal Acidosis Injuries in Philadelphia

Our bodies work to maintain a stable balance of chemicals, including water, oxygen, electrolytes, and acid levels. On a day-to-day basis, we don’t think much about our body’s equilibrium until we get a signal that things may be “off”, such as thirst to drink more water or hunger for glucose for the…

Global Developmental Delay

Each child develops at their own rate but children generally develop physical, mental, and social milestones within a certain time range. When children develop more slowly than their peers, it may be a sign of a developmental delay. These developmental delays could also indicate an underlying physical or medical problem, including brain…

Abnormal Birth Position

Even after a normal pregnancy without any complications, the time for delivery can be cause for concern if the baby is in a dangerous birth position. When the baby is not presenting in a head-forward position, it can make delivery more difficult. Delivery complications can cause extended labor or put the mother…

Epilepsy Birth Injuries

It is terrifying for a parent to see their young child go into a seizure, not knowing what caused it, if it will be okay, or if it will happen again. Unfortunately, this is all too common for children who suffer a birth injury caused by head trauma or oxygen deprivation during…

BIND Bilirubin-Induced Neurologic Dysfunction

Bilirubin occurs naturally in the human body. However, like many other body chemicals, when the balance of chemicals is not controlled, too much bilirubin can be toxic. When a child is born with too high of a concentration of bilirubin, it can cause brain damage. In serious cases, high bilirubin levels can…

Chorioamnionitis Intrauterine Inflammation

Our bodies are strong enough to ward off many infections but a developing fetus is much more sensitive to bacteria, viruses, and fungal infections. When an infection develops in the placenta, amniotic sac, or in the fetus, it can pose a serious risk of injury to both the mother and the baby….

Group B Streptococcus

Group B streptococcus is a bacteria that commonly exists on and in the body. However, Group B strep can become a problem when it is transmitted to a fetus or baby during pregnancy or childbirth. If the infection is not treated or the baby is not properly monitored, a birth infection can…

Horner Syndrome

Horner syndrome involves a combination of symptoms related to nerve damage and nerve disorders. Horner syndrome is often identified by signs in the eyes, including a constricted pupil or droopy eyelid. However, the problem may involve a number of underlying conditions that could be caused by other diseases or trauma.  Childbirth can…

Hyperbilirubinemia

Hyperbilirubinemia is a higher level of bilirubin in the blood. Bilirubin occurs naturally in the body but the levels generally stay within a limited range in most people. When the bilirubin levels are out of balance, it can cause problems in the rest of the body. Generally, there are no significant problems…

Intrapartum Asphyxia

Oxygen and energy are necessary for the body to function. For everyone from children to the elderly, breathing oxygen and consuming calories are what allow our bodies to move and our brains to think. Decreases in oxygen and energy can impair body function and continued depletion may cause the body to begin…

Jaundice and Kernicterus

Newborn jaundice is the yellowing of a child’s skin and eyes. Jaundice is not uncommon in newborns and often resolves within a few weeks. However, jaundice and other signs of health conditions should be properly monitored and treated. Failure to care for a child who may be showing signs of jaundice or…

Leptomeningeal Cyst

A leptomeningeal cyst is a growing skull fracture. It can be caused by head trauma in young children or newborns, including accident injuries or head trauma during a difficult delivery. It may take some time before a skull fracture is identified and it may indicate further brain trauma in a newborn. In…

Multiple Birth Complications

Multiple pregnancy is a pregnancy with more than one fetus. Multiple pregnancies can run in the family but are more common when the mother is receiving fertility treatment. While many pregnant mothers with twins and triplets give birth to healthy babies, there are some increased risks associated with multiple births.   Failure to…

Microcephaly Birth Injuries

Microcephaly is smaller than normal head in an infant or child. There are a number of possible causes of microcephaly in babies. When a child has microcephaly, they also tend to have underdeveloped or smaller brains. People with microcephaly often suffer developmental disabilities, motor dysfunction, and seizures.  The problems that cause microcephaly…

Macrosomia Birth Injuries

Macrosomia means a newborn that is larger than average. There may be nothing wrong with the baby and the baby may be totally healthy but a large size may present birth complications in delivery. Vaginal delivery with a very large baby may cause traumatic birth injuries. Instead, a larger baby may have…

Neonatal Infections

When a parent finds out their newborn child is suffering from an infection, it can be heartbreaking. There are so many unknowns with infections in babies, and the parents don’t know if the child will suffer a birth injury or even recover from the infection. There are also so many possible causes…

Nerve Injury Birth Injuries

Many birth injuries are difficult to identify immediately after the baby is born. It may take hours or days before a parent realizes that something may be wrong and the baby is not moving part of their body. Nerve damage can be especially traumatic for the parents and baby because it may…

Intrauterine Growth Restriction

Intrauterine growth restriction refers to a baby who is much smaller than average for their gestational age. There are a number of reasons why a baby may have poor growth while in the mother’s womb. It is important for doctors to be aware of growth restrictions in order to prepare for delivery….

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