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Dr. Michael M. Wilson, Esq. Named 2025 “Best Personal Injury Attorney of the Year” by Lawyer International Legal 100 

Medical Malpractice Blog

How Does the Virginia Fund for Neurological Birth Injuries Work?

Sep11
Newborn crying in the delivery room.

In response to high medical malpractice insurance premiums in Virginia in the 1980s, the state set up a fund that provides financial relief to physicians, insurance companies, and patients themselves. When a medical mistake in delivery causes a child to...

How Do the Collateral Source Rule and Damage Caps Work in Virginia Malpractice Lawsuits?

Sep6

In most states, a judgment in a medical malpractice lawsuit takes into account what existing resources the plaintiff may draw on to pay for healthcare, special accommodations and to replace lost income. In those states, collateral sources such as insurance,...

What the Law Says About Paralysis Caused by Medical Malpractice

Sep4
Depressed young man in wheelchair traumatized in truck accident.

A 2001 case in Florida tragically illustrates the ease by which a mistake with a medication can result in severely adverse consequences. A patient in his late 70s entered a hospital with stomach pains. The doctor prescribed a common antacid,...

Failure to Test: What the Law Says About Medical Misdiagnoses and Malpractice

Aug30

A 2009 article in The New York Times reported on something called the “process of care lapses,” which are situations where a patient received a diagnosis late in an illness. The obvious and most concerning example is cancer, such as...

The Laws on Medication Error and Pharmaceutical Malpractice

Aug28
medicine shelves

The overwhelming majority of healthcare providers – a group that includes physicians, nurses, pharmacists, and therapists, as well as managers of medical facilities – are extremely conscientious about providing the best quality care they can. But despite current technologies, most...

How is a Misdiagnosis Defined as Medical Malpractice?

Aug23
a medical malpractice claim

Medical conditions are sometimes misdiagnosed or overlooked altogether. ContentsWhat Are Some Examples of Misdiagnosed Conditions?Is a Misdiagnosis Considered Malpractice?Should I Consider a Malpractice Lawsuit If My Condition was Misdiagnosed?Contact a Knowledgeable Medical Malpractice Attorney Today What Are Some Examples of...

When Cerebral Palsy is the Fault of the Attending Obstetrician

Aug21

There are hundreds of thousands of individuals, adults and children, living with cerebral palsy in the U.S. This condition often results from a lack of oxygen during birth or in the womb, but can also result from shaken baby syndrome,...

Missouri Cap on Non-Economic Damages Ruled Unconstitutional

Aug20

On July 31, 2012, the Supreme Court of Missouri handed a significant victory to plaintiffs seeking damages in medical malpractice cases. In Watts v. Lester E. Cox Medical Centers, the court ruled that Missouri’s statutory cap on non-economic damages was...

Baltimore Jury Awards $21 Million in Cerebral Palsy Lawsuit

Aug16

A jury in Baltimore awarded the family of Jaylan Norfleet $21 million after a trial alleging that the child’s severe cerebral palsy resulted from the failure of doctors at Harbor Hospital to perform an emergency Caesarean section in 2002. The...

If You Didn’t Chart It, You Didn’t Do It

Aug13

Malpractice cases often hinge on the quality of the medical documentation related to the care of the plaintiff. Solid medical documentation shares several qualities. It is straightforward, consistent, in chronological order, and reasonably complete. If the doctors and nurses involved...

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