Category: Medical Negligence

When Are Doctors Responsible for an Opioid Overdose?
04 mar
When Are Doctors Responsible for an Opioid Overdose?

It is unlikely that a reasonable physician would deliberately or intentionally play a role in an opioid overdose. Doctors and other healthcare professionals must protect their patients from harm. Many take this responsibility seriously. However, medical negligence is a factor in certain cases. Opioid overdose victims or their family members could be entitled to compensation

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Is an Opioid Overdose Death Due to Medical Malpractice Considered Murder?
04 mar
Is an Opioid Overdose Death Due to Medical Malpractice Considered Murder?

More than 130 Americans die each day from an opioid overdose, according to the National Institute on Drug Abuse. The U.S. Department of Health and Human Services estimates that at least 40 percent of these fatalities are from prescribed opioids, such as OxyContin and Vicodin. In response to these alarming statistics, many states have imposed

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Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?
04 mar
Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?

Doctors in many states must now follow new guidelines when prescribing opioids for pain relief. Florida, Michigan, and Tennessee are among a growing number of states that are tightening standards on prescriptions for oxycodone (OxyContin®), hydrocodone (Vicodin®), and other well-known opioids. New Regulations for Prescribing Opioids The new laws vary from state to state. In

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How Functional Can You Be with An Incomplete Form of Locked-In Syndrome?
26 feb
How Functional Can You Be with An Incomplete Form of Locked-In Syndrome?

You cannot be physically functional with an incomplete form of locked-in syndrome. Most locked-in syndrome patients never regain mobility in their face, speech, or other body movements. However, there have been rare cases where an individual improves if the underlying cause is treated. For example, shrinking a tumor that caused the disorder could increase functionality.Cognitively,

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How Are Cognitive Functions Impaired for Locked-in Syndrome?
21 feb
How Are Cognitive Functions Impaired for Locked-in Syndrome?

Cognitive functions are not always impaired by locked-in syndrome. Many locked-in syndrome patients can have normal cognitive functions such as reasoning and memory. He or she can hear, think, and see but are paralyzed except for limited eye movements. Each case is unique, but for the most part, locked-in syndrome victims keep their cognitive functions.

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Can Someone With Locked In Syndrome Communicate?
21 feb
Can Someone With Locked In Syndrome Communicate?

A person with locked-in syndrome can communicate, but it is exceedingly difficult, as they cannot talk or move any part of their body other than their eyes. To convey their thoughts or ideas, they must rely on eye movement patterns, and others must learn to read these patterns and understand them. This process can be

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Can You Receive Compensation For A Birth Injury That Affects The Mother?
31 jan
Can You Receive Compensation For A Birth Injury That Affects The Mother?

You can receive compensation for a birth injury that affects the mother. When a doctor’s negligence, wrongful action, or lack of action during childbirth results in injuries to the child and/or mother, it is medical malpractice. As the injured party, and as the parent of the other injured party, you have the right to pursue

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Can You File a Medical Malpractice Lawsuit if a Hospital Visit Makes You Sicker?
30 jan
Can You File a Medical Malpractice Lawsuit if a Hospital Visit Makes You Sicker?

If you went to the hospital for an illness or injury and emerged sicker than when you arrived, you may be able to file a medical malpractice lawsuit and recover damages from a number of parties. The critical question is whether your worsening conditions resulted from a doctor’s or another hospital employee’s negligence. A medical

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Can You File A Medical Malpractice Lawsuit For A HIPAA Violation?
30 jan
Can You File A Medical Malpractice Lawsuit For A HIPAA Violation?

The Health Insurance Portability and Accountability Act (HIPAA) sets rules on how doctors, hospitals, insurance companies, and other healthcare providers must handle your private medical information. When a provider violates HIPAA privacy and security laws by carelessly handling your sensitive information, you might be eligible to pursue legal action against them. A HIPAA claim is

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Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?
29 mar
Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?

While most people associate medical malpractice claims with doctors—and it is true that doctors are the target of many such claims—you can file a medical malpractice lawsuit against someone other than a doctor. Common non-doctor targets of medical malpractice lawsuits include hospitals, medical facilities, and nurses. In a medical malpractice lawsuit, the plaintiff alleges that a

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Can Patients Sue For Injuries From A Tummy Tuck Procedure?
23 aug
Can Patients Sue For Injuries From A Tummy Tuck Procedure?

A more invasive procedure than liposuction, an abdominoplasty, or tummy tuck, is a surgery used to remove fatty tissues and tighten the skin of the middle and lower abdomen area. Tummy tucks can raise your self-esteem level by improving your appearance to make you feel better about yourself. Out of the thousands of tummy tuck

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Can Patients Sue For Injuries From Liposuction?
23 aug
Can Patients Sue For Injuries From Liposuction?

Liposuction has long been considered in medical circles as one of the most dangerous forms of plastic surgery. Regardless of the duration of the procedure or the technique with which it is executed, any patient opting for liposuction exposes themselves to certain amount of risk. A recent research study by two prominent plastic surgeons in

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23 aug
Can Patients Sue For Injuries From Breast Augmentation?

Of the approximately 300,000 American women who have breast augmentation surgery each year, some 240,000 choose the procedure for cosmetic reasons. For the remainder, breast augmentation is a reconstructive surgery following mastectomy or accidental breast scarring. The number of annual breast augmentations makes the operation the most common cosmetic surgery performed in the United Sates,

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23 aug
Can Patients Sue For Injuries From Breast Implants?

The increase in the number of breast augmentations performed has also led to an increase in the number of breast implant malpractice claims. When a patient is seriously injured or dies as a result of breast augmentation surgery, it is possible that malpractice has occurred. Potential Breast Implant Injuries There is always a risk involved

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23 aug
Can Patients Sue For Injuries From Plastic Surgery?

The number of people choosing elective cosmetic, or plastic, surgery has increased drastically since 2000. Even the recession that began in 2007 hasn’t stemmed the desire for cosmetic surgery, according to a report from the American Society for Aesthetic Plastic Surgery. Americans underwent more than 1.6 million elective cosmetic surgeries in 2010 alone, according to

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Can Patients Sue For Injuries From Gastric Bypass?
23 aug
Can Patients Sue For Injuries From Gastric Bypass?

According to statistics published by the National Institute of Health, more than six times as many operations of gastric bypass surgery were performed in the last decade of the 20th century. Although the statistics are not yet available for the first decade of the 21st century, the Institute expects the current pace of more gastric

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Can Patients Sue For Injuries From Gastric Banding?
23 aug
Can Patients Sue For Injuries From Gastric Banding?

What is Gastric Branding? Gastric banding is a surgical procedure which was approved for use by the Food and Drug Administration in 2001 as a means for helping obese patients successfully manage their weight. The procedure is usually only recommended for those with over 100 pounds in extra weight, with a body mass index exceeding

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Can Patients Sue For Injuries From An Appendectomy?
23 aug
Can Patients Sue For Injuries From An Appendectomy?

While an appendectomy is a routine procedure that is frequently performed, complications can quickly result if a surgical error occurs during the procedure or if the patient’s symptoms of appendicitis are not addressed in a timely manner. Although the appendix is a relatively small organ and does not appear to aid in a particular body

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Can Patients Sue For Injuries From Surgical Errors?
23 aug
Can Patients Sue For Injuries From Surgical Errors?

Despite many protocols and requirements that hospitals are setting in order to avoid surgical mistakes, doctors and surgeons are still performing an alarming number of errors in the operating room. In the case of surgical negligence, the responsible party largely depends on who the surgeon is employed by and whether or not the error was

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23 aug
Can You File A Malpractice Lawsuit For Induced Addiction?

When a doctor chooses to administer a potentially addictive treatment to a patient, he or she has a responsibility to make the patient aware of the possibility, as well as monitor the patient for signs of addiction. Should he or she notice signs of drug abuse, they have an obligation to immediately discontinue the prescription

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23 aug
Can Patients Sue For Allergic Reaction To Prescribed Medication?

Signs of an allergic reaction can manifest in numerous ways. The symptoms can vary from the rash and skin irritation associated with contact dermatitis, or a case of anaphylactic shock, which places the life of the patient in jeopardy. Allergies occur as a result of a hypersensitive immune system and many types of substances can

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23 aug
Can Patients Sue For EGD Perforation Injuries?

An upper GI endoscopy, usually called an “EGD” (after “EsophagoGastroDuodenoscopy,” the proper medical name of the procedure), is the visual examination of the upper intestinal tract (esophagus, stomach, and duodenum) using a lighted, flexible, fiber-optic endoscope. Although EGD is considered a relatively safe diagnostic procedure, there have been reported instances of accidental esophageal perforation (puncture)

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21 aug
Can Patients Sue For Injuries From Eye Surgery?

Eye complications can affect patients of any age. Most people experience a lack of visual clarity as they grow older and a need for reading glasses becomes unavoidable. Others may be forced to wear glasses or contacts from early childhood. Regardless of the timing, clear vision is an important aspect of health. It can affect

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18 aug
Can You Sue A Hospital?

Medical malpractice is a difficult branch of law for a variety of reasons. Of course, not every problem that results from a hospital visit is malpractice, and even when it is, legal action is not always the correct course of action. Furthermore, who is legally responsible for malpractice varies based on the circumstances. Here are

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18 aug
Can You Sue Your Doctor?

Doctors operate under a legal “duty of care”, a standard requiring they provide an acceptable standard of care for their patients. That duty is breached if they either harm their patient or lapse in their duty to treat them correctly, which is usually due to negligence. Determining Legal Action In order to have a case,

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Medical Negligence