Medical Malpractice

Tuesday, February 28, 2017

What is the "standard of care" for medical malpractice cases?

Medical malpractice cases arise when a healthcare professional harms a patient over a course of treatment due to negligence. For example, if you were misdiagnosed or given the wrong prescription, you may have a medical malpractice case if you can show that the healthcare provider violated their duty of care.

What Is The Duty and Standard of Care?

The exact specifics regarding standard and duty of care does vary by state, but it is usually determined to be the “generally accepted methods used by other area doctors and healthcare professionals on similarly situated patients with similar conditions.

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Wednesday, November 23, 2016

Supreme Court of Arkansas Disallows Capped Compensation for Non-Economic Damages

What are non-economic damages and why shouldn't they be capped?

A recent decision by the Arkansas Supreme Court to knock "Issue 4" off the ballot has implications throughout the United States. Issue 4 would have drastically capped compensation for non-economic damages to patients injured by medical malpractice, including nursing home residents.

There are real and present dangers to capping damages for non-economic injuries in medical malpractice cases; all include some aspect of injustice. If you have suffered as a result of medical malpractice, it is essential that you have a

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Tuesday, June 7, 2016

Family of Joan Rivers Reaches Medical Malpractice Settlement

What factors contribute to medical malpractice?

As most of us are aware, medical malpractice cases are not quickly resolved, even when the doctors involved accept responsibility for medical mistakes. In the case of the premature death of comedian Joan Rivers, 81, as a result of a routine medical procedure in August of 2014, the settlement did not take place until May of 2016 even though this case was uncontested

The Circumstances of the Case

Ms. Rivers, an iconic sharp-tongued comedic performer, went to Yorkville Endoscopy, an outpatient surgical center in uptown Manhattan, complaining of a sore throat and hoarseness. Such upscale surgical units have become increasingly popular for minor surgical procedures. Ms.

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Friday, January 29, 2016

Buffalo Area Man Pronounced Dead in Error

Is it medical malpractice to pronounce a person dead who is, in fact, alive?

We turn to medical professionals at doctor’s offices and hospitals for help and we trust them with our lives. Many of these individuals are bound by the Hippocratic Oath, which requires them to do no harm. But, what happens when a doctor is so negligent that he lets someone die unnecessarily? This is considered medical malpractice and is what seems to have taken place at an upstate New York hospital last year.

Michael Cleveland suffered from what most thought was a heart attack while grocery shopping in 2015. He was taken to Degraff Memorial Hospital and was immediately pronounced dead by Dr. Gregory Perry. Unfortunately, Dr. Perry failed to take the patient’s vital signs and discover that he was alive and suffering from a collapsed lung. Dr. Perry told Cleveland’s wife of his passing and even informed her that he would be exhibiting some signs of life even though he was dead. When Cleveland began to respond to his wife she knew something was wrong. After informing the doctor and being reassured, the wife claims that Dr. Perry finally checked the patient’s vital signs and found that he was alive. Cleveland was then transferred to Buffalo General Medical Center where he died from complications relating to his collapsed lung.

Cleveland’s wife has brought a medical malpractice suit against both hospitals. She is seeking monetary damages for her husband’s alleged wrongful death but has said that her main goal is to prevent this from happening to someone else in the future.

Medical malpractice is not always as obvious as it is in this case. Sometimes it takes years to discover that you or someone you love has been the victim of medical malpractice. Nonetheless, if you believe that you have been affected by the negligence of a medical professional, you may be entitled to compensation. Call us today, and one of our skilled personal injury attorneys can help you recover what you deserve.

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