What is the difference between negligence and criminal negligence? Negligence is a broader term. It means that a person or organization was guilty of failing to follow common procedures. For example, let’s say you go into a hospital. You slip on bloody rags in the entryway and break your neck. That’s negligence. Now let’s say […]
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Iowa Case Sets Record After Boy’s Family Wins In Court
A jury awarded an Iowa family the largest medical malpractice victory — and lump sum at $97.4 million — in the state’s history. The case contended that Dr. Jill Goodman should have determined a cesarean section was necessary to deliver a baby to the Kromphardt family, but failed to perform one. The baby suffered from […]
When Is Breach Of Contract Considered Medical Malpractice?
There are several occasions where a doctor might be considered in breach of contract, either inadvertently or voluntarily. These instances are also considered examples of medical malpractice, and open both the doctor and the organization for which the doctor works to liability for any resulting damages. Here are examples of breach of contract that might […]
Common Reforms Proposed To Medical Malpractice Laws
Medical malpractice cases are already common in the United States, but they are also on the rise. This results in a tough balancing act for physicians, patients, attorneys, and legislators. Patients want the highest standard of care, physicians don’t want to lose a practice by making a mistake, attorneys want to make a buck while […]
When Can A Hospital Sue A Patient?
One Wisconsin study found that unpaid hospital bills had led to a massive increase in the number of lawsuits (37 percent) from 2001 to 2008. This increase was parallel to a separate rise in wage garnishment from lawsuits, which increased 27 percent over the same period. The study raised eyebrows because the lawsuits disproportionately targeted […]
Should Misinformation Be Treated As Medical Malpractice?
The age of COVID has changed the world. Misinformation runs rampant, even in circles otherwise considered intelligent. Conspiracy theories range from wild to wild, with the latter even suggesting everyone who received a vaccine will be dead in three years. Although this kind of fake news is becoming so much more common, even trusted doctors […]
How Does Medical Malpractice Work In Other Countries?
You live in the United States. That means you know lawsuits are common. Frivolous lawsuits are even more common. But our lives are guided by the need for justice. That means we hold people accountable for their actions. Doctors and surgeons can’t afford to make mistakes because mistakes could lead to costly medical malpractice lawsuits. […]
What Is The Federal Tort Claims Act And What Does It Cover?
Like most legal codes, there are a plethora of differences between medical malpractice laws at the state level when compared to the federal level. What happens when you determine medical malpractice at a federally funded clinic? These institutions receive funding from the federal government — and we all know that the federal government likes to […]
How To Know When It’s Time To File A Medical Malpractice Lawsuit
What is fundamental human disposition? It’s our most basic nature. It’s the way we act or feel in response to certain situations. It guides our fight or flight response to danger. And certainly, it leaves us wanting to place blame on another party when something goes wrong — even if there’s no one at fault […]
What Is A “Letter Of Protection?”
Anyone in business has a duty to provide adequate service to the customer or client. This is especially important when the business is a medical provider. You can’t provide services that result in a dead customer more often than not and expect that you won’t be sued. Even so, businesses have always gone out of […]