Medical Malpractice

While the vast majority of healthcare providers are extremely competent professionals, patients are occasionally injured as the result of negligence. In this section, lawyers will list the elements of medical malpractice and help you determine if you have an actionable case.

Medical Malpractice Articles

All-time High Caesarean Section Rate Causing Concern
Provided by LANCIONE & LANCIONE PLL
Caesarean Section, the most common form of surgery in the United States, accounted for more than 1.4 million operations in 2007 A third of all babies in the U.S. are now delivered by the procedure. Read More »
Medical Malpractice Claims No Longer Legal Juggernaut
Provided by The Law Offices of Smith & Doran, PC
With the attention paid to medical malpractice claims by the news and popular culture, a common public perception is that the number of such lawsuits is skyrocketing. Read More »
How Will Medicare’s New Efficiency Measurement Impact Patient Safety?
Provided by Dempsey & Kingsland, P.C.
Medicare will begin tracking per-beneficiary expenditures by hospitals in an effort to reduce costs and improve efficiency. How will the focus on cheap treatment affect patient care? Read More »
Increased Cost of Living: Wrongful Birth and Wrongful Life Suits
Provided by Miller & Wagner LLP
Wrongful birth and wrongful life cases deal with negligent pre-natal testing, and are expected to increase in the coming years. Read More »
The Pressure is On: Medical Professionals Standing Up For Patient Rights
Provided by Cirignani Heller & Harman, LLP
The firing of two nurses at Winkler County Memorial Hospital who reported suspected ethical violations has sparked public debate about laws protecting medical whistleblowers. Read More »
Patient Safety in the Emergency Room
Provided by Furr & Henshaw
Emergency room errors are common, so it makes sense to take steps to protect yourself as much as possible. Read More »
Are Home Health Care Companies Gaming the Medicare Reimbursement System?
Provided by Watkins, Lourie, Roll & Chance, PC
A recent analysis of Medicare payments shows some home health care providers are taking possibly unfair advantage of Medicare incentives for in-home therapy visits. Read More »
I Have Seen the Future, and It Has Glitches
Provided by Biancheria & Maliver, P.C.
Even though they could improve patient care, electronic health records still contain and experience glitches that put patient safety at risk. Read More »
Diligence and Care Are Key to Preventing Surgical Errors
Provided by Law Office of Michels & Watkins
Acting methodically, exercising diligence and avoiding distractions are some of the best ways to prevent surgical errors. Read More »
Accountability in the Medical Profession and New York’s Proposed Malprac
Provided by Keogh Crispi, P.C.
An attempt to pass a law limiting jury awards in medical malpractice cases has failed in the New York legislature. Learn more about malpractice damages caps and doctor accountability. Read More »
Is Tort Reform the Key to Reining in Medical Costs?
Provided by Miller & Wagner LLP
Tort reform may not be the answer to reducing healthcare costs. Read More »
Will Medical Malpractice Reform Help? Proper Checks Are Already in Place
Provided by Lane & Lane, LLC
Proposed legislation imposing medical malpractice caps will make it difficult for victims to obtain legal counsel, and prevent those with meritorious cases from getting the compensation they deserve. Read More »
The Evidence is Clear: Med Mal 'Reform' Doesn’t Lower Health Care Costs
Provided by Hartley Hampton, P.C.
A recent report by the Congressional Budget Office shows that even if the most far-reaching tort reform proposals were enacted, expected savings would be minimal. Read More »
Hospitals Report an Average of One Medication Error per Patient per Day
Provided by Charles N. Rock, P.L.L.C.
An estimated 7,000 deaths and 1.3 million injuries occur each year because of medication errors in America’s hospitals. Read More »
Are Kids on Medicaid Adequately Served by Medical Specialists?
Provided by Rosenblum, Ronan, Kessler & Sarachan
Unfortunately, a recent study found that many kids on Medicaid aren't well served by medical specialists. Read More »
New Protocols to Avoid Wrong-Site Surgeries
Provided by Rosenblum, Ronan, Kessler & Sarachan
An new tool has been developed to prevent wrong-site surgeries and improve patient safety. Read More »
Wake Up Call for Sleep-Deprived Surgeons and Their Patients
Provided by Charles N. Rock, P.L.L.C.
For good reasons, surveys indicate most patients would be concerned for their safety if they knew their doctor had been awake for 24 hours. Read More »
Skin Cancer, Early Detection and Medical Malpractice
Provided by The Mahoney Law Firm
Colorado has one of the highest rates of skin cancer in the country. If your physician failed to diagnose your skin cancer, you may have a medical malpractice claim. Read More »
Shift From Paper to Electronic Medical Records: Cause for Concern?
Provided by Biancheria & Maliver, P.C.
From banking and managing finances to shopping and ordering pizza, almost everything these days is done electronically. Read More »
Study: Medical Errors Going Unreported
Provided by Biancheria & Maliver, P.C.
A new report indicates that, even when required by law, few hospital errors are being reported or used to prevent future errors. Read More »
Your Hospital Can Be Hazardous to Your Health
Provided by New York Medical Malpractice Lawyer
Preventable hospital mistakes range from U.S. surgeons operating on the wrong person or body part, happening as much as 40 times per week, to a hospital staff member’s failure to properly disinfect a room or wash his hands. Read More »
Majority of Medical Professionals Do Not Report Harmful Patient Care
Provided by Law Office of Michels & Watkins
Medical professionals blame punitive hospital culture for high rate of unreported hospital mistakes. Read More »
Tips for Choosing a Doctor and Taking Control of Your Health Care
Provided by Law Office of Michels & Watkins
Do not blindly pick a doctor, do your research. Your health depends on it. Read More »
Federal Efforts at Tort Reform
Provided by Steinberg, Burtker & Grossman, Ltd.
Last year, the Illinois Supreme Court rejected damage caps in medical malpractice cases. Now federal legislation has been introduced seeking to limit non-economic damages in nursing home negligence and medical malpractice claims while shortening the statute of limitations. Read More »
Avoiding Medical Malpractice in Cosmetic Surgery
Provided by Hal Waldman & Associates
Because of the amount of medical malpractice in the field, cosmetic surgery patients need to be especially vigilant when selecting a physician. Read More »
Are Many Spinal Surgeries Unnecessary?
Provided by Miller & Wagner LLP
Spinal surgeries are on the rise, but many are questioning whether such surgeries are always in patients' best interests. Read More »
Study Reveals Failure of Medical Malpractice Caps
Provided by Rosenblum, Ronan, Kessler & Sarachan
Caps on malpractice damages in Texas do not appear to have lowered health care costs, according to a new report. Read More »
Health Reform Contingency Fees Cap Soundly Defeated
Provided by Novak, Robenalt & Pavlik, L.L.P
In early December, the Senate decisively defeated an amendment to cap the fees plaintiffs’ attorneys could collect when winning a medical malpractice case. Read More »
Doctors: Too Dependent on Medical Technology?
Provided by Dempsey & Kingsland, P.C.
By relying too much on technology instead of physical examinations and discussions with patients, doctors my miss important signs and symptoms of medical conditions. Read More »
Surgical Errors Continue Even With Improved Safety Measures
Provided by The Law Offices of Brian Timothy Meyers
Even though new protocols have been implemented to prevent wrong-site surgeries, these easily preventable adverse events are continuing to occur all too frequently. Read More »
Top Medical Errors
Provided by Law Office of Michels & Watkins
Doctors and nurses can make any number of medical errors in any number of situations. Read More »
Communication is Most Critical Piece to Reduce Medical Errors
Provided by The Law Offices of Gismondi & Associates
Modern medicine relies on high tech tools, super pharmaceuticals and evidence-based practice protocols. Still, with all these amenities, modern medical care does not guarantee improved patient outcomes. Learn more about how a recent study about communication between doctors and patients details these results. Read More »
Emotional Trauma and Drug Use Among Anesthesiologists
Provided by Biancheria & Maliver, P.C.
A new survey indicates anesthesiologists typically are not given enough time to emotionally recover after serious incidents involving patients, which can infuence the care provided to subsequent patients. Read More »
New Law Makes Illinois Doctors’ Professional Information Public
Provided by Thomas Q. Keefe, Jr., P.C.
The Illinois Patient Right to Know Act will help to ensure that detailed profiles of doctors’ professional information is made available to the public. Read More »
Saving Yourself From Medical Mistakes
Provided by Corsiglia McMahon & Allard, LLP
You can help to maintain your safety and make the most of your care during a hospital stay. As the patient, you can ask questions of your caregivers and provide them with updates on treatment. Read More »
Patient Safety Risks Associated with Clinical Trials
Provided by Carty Houst PA
A John Hopkins study sheds light on medical researchers who discount previously accepted research when reporting on their own clinical trials. Read More »
Surgical Mistakes in Albany Hospitals Highlighted in NHQC Report
Provided by Rosenblum, Ronan, Kessler & Sarachan
The Niagara Health Quality Coalition reports several “never events” at Albany-area hospitals where surgical instruments were left inside of patients during their procedures. Read More »
Hospitals Aiming for Fewer Errors and Better Patient Care
Provided by Ohio Personal Injury Attorney
An estimated 100,000 people per year die in hospitals around the country from preventable errors and over the years this situation has only worsened. Read More »
Protecting Patients Through Careful Credentialing and Privileging
Provided by Dolt, Thompson, Shepherd, Kinney & Wilt, P.S.C.
Hospitals must follow proper credentialing procedures and grant privileges cautiously; a thorough review of a doctor's background can help to ensure patient safety and avoid future liability. Read More »
Doctors Under Fire for Performing Unnecessary Stent Procedures
Provided by Miller & Wagner LLP
Doctors in at least three states are facing criminal and civil lawsuits over stent procedures. While often life-saving, they are increasingly found to be unnecessarily performed. Read More »
Florida Judge Rules New Health Care Law Unconstitutional: What is Next?
Provided by Fiol Law Group
Two judges have declared the health care reform law unconstitutional and two have upheld the law. What impact will this have on Obamacare? Read More »
Denver Study Focuses on Causes, Prevention of Newborn Brain Injuries
Provided by Coppola & Marlin PC
Dr. Jennifer Armstrong-Wells in Denver is responsible for the first of its kind newborn brain injury study. Because of the trauma associated with labor and delivery, newborns are at risk for severe brain injuries that can affect their physical and mental development Read More »
Illinois Supreme Court Throws Out Med Mal Damage Caps
Provided by Clancy Law Offices
For the third consecutive time, the Illinois Supreme Court has thrown out a law that capped the amount of damages awarded in medical malpractice lawsuits. Read More »
Hospitalists and Their Role in Health Care Reform
Provided by Hartley Hampton
Learn about the fastest growing medical profession. The hospitalist is a physician-administrator who exclusively treats hospitalized patients and manages their care planning. Read More »
Considering Plastic Surgery? Check out the Doctor's Credentials First
Provided by Thomas Q. Keefe, Jr., P.C.
Some doctors are performing surgery outside of their area of expertise, which can lead to increased risk of medical errors. Read More »
Innovative Gene Screening Process Could Improve Odds for Cancer Patients
Provided by Powers & Santola, LLP
Learn more about a new process for detecting Lynch syndrome and what it could mean for cancer sufferers. Read More »
Illinois Case May Have Major Impact on Medical Error Reporting
Provided by Brady & Jensen
An upcoming Illinois Supreme Court case may open the door to making information about medical mistakes available to the public. Read More »
Rhode Island Medical Malpractice and Brain Injury Diagnosis
Provided by Deluca & Weizenbaum, LTD.
Diagnosing and beginning treatment for brain injury early is important to preventing further injury and getting patients on the road to recovery. Symptoms of brain injury are often mistaken for other illnesses, leading to a delayed diagnosis or failure to diagnose the brain injury altogether. Read More »
Checklists, Communication by Health Providers Improve Patient Safety
Provided by Barry D. Lang, M.D. & Associates
Health providers' medical errors are still causing injuries and death to thousands of patients. Medical checklists and improved communication in the health industry can save lives and avert injuries. Read More »
Georgia High Court Ruling is a Victory for Medical Malpractice Claimants
Provided by Kirschner & Venker - Georgia Medical Malpractice Attorneys
People bringing medical malpractice claims in Georgia received good news in a recent ruling from the state's top court. Read More »
Nurses Agree to Settlement in Whistleblower Lawsuit
Provided by Richards & Richards, L.L.P.
After being fired and prosecuted for anonymously alleging improper medical treatment by a doctor to the state medical board, two Texas nurses agreed to settle a lawsuit against their former employer. Read More »
California Physician Owned Physical Therapy Services (POPTS) Bill Fails
Provided by Kolah Law, P.C.
The California Legislature considered a bill over the summer that would allow physical therapists to work in medical, podiatric and chiropractic corporations. Read More »
Doctor and Hospital Errors Can Lead to Cerebral Palsy
Provided by Koskoff Koskoff & Bieder, PC
Errors and difficulties that occur during birth can lead to the movement-impairing disorders commonly classified under the name of Cerebral Palsy. Read More »
The Breast Cancer Misdiagnosis Problem
Provided by Law Offices Rosenberg, Minc, Falkoff & Wolff, L.L.P.
Delayed and midsdiagnosed breast cancer is responsible for the deaths of approximately 80,000 people each year. Read More »
The “July Effect”: Should You Not Check into the Hospital this Month?
Provided by Kennedy, Johnson, D'Elia, & Gillooly LLC
Studies show that more errors occur in hospitals during the month of July than any other month, and the “July Effect” may be attributable to new doctors starting their residencies. Read More »
HHS Concludes that Urgent Attention Must be Paid to Medical Error Rate
Provided by The Law Offices of Ferrer and Associates
The annual National Healthcare Quality Report addresses persistent gaps in health care quality and access, especially for minorities and the poor. Read More »
Caps on Attorney Fees Only Hurt the Injured
Provided by Silvers, Langsam & Weitzman, P.C.
Contingency fee arrangements give those who otherwise would not have access to the legal system a chance to pursue their legal rights. Read More »
Georgia Medical Malpractice Reform Laws Under Review
Provided by Kirschner & Venker - Georgia Medical Malpractice Attorneys
Under current Georgia law, people injured in emergency rooms rarely have recourse through the legal system. However, the Georgia Supreme Court is currently reviewing the constitutionality of this law. Read More »
Medication Errors Cause Frequent Emergency Hospitalizations of Seniors
Provided by Rosenblum, Ronan, Kessler & Sarachan
A new study finds over 100,000 emergency hospitalizations for Americans over 65 result from medication errors of four common prescriptions. Read More »
Cervical Cancer Impacting Young Women
Provided by The Law Offices of Gismondi & Associates
For young women, hard to detect cancers may develop and spread because of a physician’s inability to diagnose the cancer at an early stage. Read More »
Doctors May be Held Liable for Birth Injuries Caused by Forceps
Provided by Keogh Crispi, P.C.
Forceps-assisted delivery can cause birth injuries. If your child has been injured, you have legal options. Read More »
Health Care Reforms Ignore Dangers of Medical Errors
Provided by Freidin Dobrinsky
An analysis of current health care reform proposals finds that Congress doesn't plan to address the widespread problem of preventable medical errors in a significant way. Read More »
Medical Malpractice: Limiting Damages vs. Addressing Errors
Provided by Rosenblum, Ronan, Kessler & Sarachan
President Obama recently indicated a willingness to consider medical malpractice reforms. Placing a cap on malpractice damages, however, is ineffective and does not address the true problem. Read More »
The Truth about Tort Reform in Illinois
Provided by Lane & Lane, LLC
The Illinois Supreme Court recently held, for the third time, that the cap on non-economic damages in medical malpractice suits is unconstitutional. Read More »
Doctors’ Offices Have Same Threat of Medical Errors as Hospitals
Provided by The Law Offices of Brian Timothy Meyers
Studies show that medical errors occur just as often in doctors' offices as in hospitals, one way to improve patient safety is better communication between medical providers. Read More »
The Basics of Birth Injuries
Provided by Law Office of Michels & Watkins
Birth injuries are not uncommon, and can be the result of many factors including physician negligence. Read More »
Reliability of Physician Report Cards in Question
Provided by Dempsey & Kingsland, P.C.
A recent study found that despite significant attention on the issue of hospital safety little progress has been made. Read More »
Arizona Makes it Harder for Patients to Bring Medical Malpractice Claims
Provided by Harris, Powers & Cunningham, P.L.L.C.
On September 30, 2009, a new law took effect in Arizona making it more difficult for patients to bring medical malpractice claims against ER doctors and others providing emergency medical treatment. Read More »
But the Doctor Committed Malpractice Didn't He?
Provided by Steinberg, Burtker & Grossman, Ltd.
When is it appropriate to file a medical malpractice case? You may be surprised that the answer isn't as simple as you may think! Read More »
Debate Over Removal of Online Malpractice Database
Provided by The Law Offices of Gismondi & Associates
A testy debate has arisen between journalists and consumer rights groups and the American Medical Association (AMA), over the availability of doctor’s disciplinary information. Learn more about what sparked this controversy. Read More »

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