Medical Malpractice Cases

Medical malpractice is, according to some studies, the third leading cause of death in the U.S. In addition to the hundreds of thousands of people who die every year due the negligence of health care practitioners, thousands more are injured so severely their lives are never the same. In order to prevail on a medical malpractice claim, plaintiffs must prove all of the following elements:

  1. They had a patient/provider relationship with the health care practitioner they claim was negligent. Talking to a practitioner at a cocktail party about a medical problem does not count and cannot be grounds for a medical malpractice lawsuit.
  2. The medical care provided by the practitioner was negligent. This generally requires the testimony of medical experts in the same profession as the one alleged to have been negligent. The expert reviews the medical records to determine whether the health care practitioner’s actions were below the standard of care expected in the medical community.
  3. The injury was caused by the negligence of the provider. This may be easy if the wrong limb has been amputated. In other cases, it may not be so easy and the health care provider may go to great lengths to try and claim the injuries have nothing to do with the provider’s care.
  4. The plaintiff incurred damages due to the negligence, such as medical expenses, lost wages, costs of physical and vocational rehabilitation and others.

If you believe you or someone you love suffered from medical malpractice, contact our law office for a free consultation.

2016 Medical Malpractice Roundup

Here’s a frightening statistic: More than 250,000 people die each year in the United States because of medical errors. According to a recent analysis by Johns Hopkins University, medical mistakes outrank the official third-leading cause of death — respiratory disease

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Stryker Hip Replacement Issues

Severe pain, metal poisoning, lost mobility and noticeable shortening of limbs are among the adverse effects behind a potential hip replacement recall. The LFIT CoCr V40 Head, made by Stryker Orthopaedics, is a hip implant component that replaces a patient’s

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Five Famous Medical Malpractice Cases

While there are a lot of things individuals can do to take care of their own health, at one time or another most people find themselves in situations where they are relying on medical professionals to treat some sort of

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Failure to Communicate Change in Condition

One of the skills people most like to highlight in their resume is “good communication skills.” This is something that is almost always sought after because when a person truly has these skills it can make a big difference when

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Off-label Use of Bone Graft Substitutes

Medical products which are manufactured and sold for one application can be used by physicians for other purposes. This “off-label” use is perfectly legal. It relies on the medical judgment of the responsible physician for safety. But there’s a possible

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Possible Medical Malpractice Reform in Kentucky

Kentucky is soon to decide what is proving to be an extremely hotly contested election. Mitch McConnell, the Senate Majority Leader, is facing off against Alison Lundergan Grimes, Kentucky’s Secretary of State, for McConnell’s Senate seat, and the campaign has

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Advanced Maternal Age of a Mother: A Risk Factor?

In this day and age, women are having children a bit later in life. While this is obviously a choice individual to each woman, more science is coming to light which indicates that having children slightly later on in life

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Cephalohematoma: Signs & Symptoms

When a child is born with problems, the first reaction of most parents is, quite understandably, fear. Confusion can reign supreme, with concern over their child’s quality of life eclipsing any and all other matters. However, if your baby has

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Cancer Clinic Settles Chemotherapy Duration Claim for $3.7 Million

An Elizabethtown cancer clinic accused of extending patients’ chemotherapy sessions so it could make more money has agreed to pay a $3.7 million settlement to resolve the claims against it. Elizabethtown Hematology Oncology PLC and its owners were accused of

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Hospitals Must Invest in Safe Injection Practices

In recent months, a number of cases of medical malpractice around the country have been linked to unsafe injection practices. In 2009, there was a hepatitis A outbreak in Nevada that was linked to the inappropriate use of drug vials,

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