Medical Malpractice Blog

The plaintiff brought her husband to the hospital for shortness of breath. Upon examination by a physician, the husband was not admitted — he was sent home with instructions to see a pulmonary specialist. He died two days later while...

It depends. Medical malpractice occurs when a doctor or other medical practitioner commits a negligent act or omission that leads to injury. Prescribing a drug for purposes authorized by the Food and Drug Administration (FDA) — even if that drug...

Medical devices—everything from pacemakers to blood pressure cuffs, surgical mesh to stitches—have become increasingly important in maintaining Americans’ health as the population ages and technology advances. But the system for approving medical devices for sale to consumers and then monitoring...

Medical malpractice consists of any negligent act or omission by a medical practitioner that causes an injury. Malpractice law determines medical negligence by comparing your practitioner’s action or inaction to what a similarly-qualified provider would do in the same or...

Not every bad medical outcome results from bad medical practice. For example, some surgeries have widely-acknowledged high rates of failure, but patients and surgeons opt for the procedure anyway because the alternative — often doing nothing — offers even less...

Medical malpractice constitutes a special subsection of tort law, and in many states has its own statute of limitations, the rules governing when you must file suit or waive your rights. Statutes of limitations exist to provide some level of...

Nursing home malpractice is comparable to any other type of malpractice: a negligent act or omission by a nursing home professional that causes injury to a nursing home resident. Because nursing homes are so expensive that most residents “spend down”...

For those of us who do not regularly interact with courts and lawyers, the idea of testifying before a jury or sitting through a harrowing trial can be intimidating. For some people, the risk of having all of their personal,...

Reliable statistics on medical malpractice issues can be difficult to find: they depend largely on insurance company reporting requirements, which can vary widely between states. The U.S. Department of Justice conducted the most recent large-scale study of the outcomes of...

Damages in medical malpractice cases—as in other personal injury and tort law cases—fall into two broad categories: economic and non-economic. What Are Economic Damages? Economic damages cover your actual financial losses attributable to the malpractice injuries you sustained, including: Past...