Medical Malpractice Attorneys: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not … [Read more...]

Medical Malpractice Attorneys Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today. A Historical Look at Medical Malpractice The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework. (1) … [Read more...]

Medical Malpractice Attorneys: Doctor Liability to 3rd Parties

In some states, there has been a trend to impose a duty on physicians regarding third parties who have not directly sought treatment from the doctor. A simple example may be a doctor who advises a patient, who is prone to seizures, that he can safely drive his care home from an appointment. Should that doctor be liable to a third party who was seriously injured in a car accident after the patient had a seizure driving home? How about a doctor who prescribes a medication, which a patient has an unfortunate reaction to, and injures pedestrians on the car ride home for the doctor’s office? Medical malpractice attorneys have found that different … [Read more...]

Medical Malpractice Attorneys Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence. Hospitals are Responsible for Their Healthcare Providers Under the respondeat superior theory, a theory that applies … [Read more...]

Medical Malpractice Attorneys: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”. When Would a Layman Recognize Medical Malpractice? Expert testimony is not necessary to prove a … [Read more...]

Medical Malpractice Attorneys Define Negligence

Medical malpractice attorneys have found that negligence may be the most important form of any tort liability in our jurisprudence today. This is in part due to the flexible principles of negligence that enable liability to be applied to many types of conduct that cause accidental harm. The main difference between negligence and all other forms of torts (i.e. assault and battery) is that negligence is not concerned with the state of mind of the person who committed or neglected to commit the act. The main thing that is looked at by lawyers, and judges who oversee cases, is the conduct of a defendant (such as a doctor or nurse) and whether … [Read more...]

Medical Malpractice Attorneys and the Locality Rule

Medical malpractice attorneys believe that lawsuits against physicians, as opposed to attorneys and other professionals, recognize the locality rule more frequently. The locality rule generally states that doctors and other healthcare professionals should live up to the acceptable standard of care as do other similarly situated professionals in the same vicinity and same community. There are many cases that refer and adopt the locality rule in similar and slightly differing ways depending on the jurisdiction. The Rule Applied One important case regarding medical malpractice was Hickson v. Martinez from a Texas appellate court. That court … [Read more...]

Medical Malpractice Attorneys Find Justice after 7 Years

Medical malpractice attorneys fought for the plaintiffs, Melinda Schultz and the family of William Bribriesco, in an attempt to earn them much deserved compensation. Finally, in 2011, the State Appeals Board approved settlements in both cases which resolved the open lawsuits which date back to 2007. As part of the settlements, the hospital and those employed at the time denied any wrongdoing. Two Plaintiffs Find Justice In the first approved settlement, the State Appeals Board approved a settlement in the case of Melinda Schultz for a figure around $300,000. In that case, the plaintiff alleged that her anesthesiologist negligently … [Read more...]

Medical Malpractice Attorneys: When Damages Are Inadequate

When a jury verdict in a medical malpractice case does not appear to be supported by the weight of the evidence, a trial court has the discretion to order a new trial. In rare cases, if a medical malpractice award is viewed as excessive, a new trial could be ordered unless there is an agreement among the parties to lower the award amount. The procedure is known as a “remittitur”. Although a remittitur does not benefit plaintiffs, medical malpractice attorneys can increase the award due to their client when an “additur” is ordered. How an Additur Benefits Plaintiffs In some cases, a plaintiff will be awarded a new trial if the damage amount … [Read more...]

Medical Malpractice Attorneys: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial. The Loss of a Loved One Due to Medical Malpractice This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim … [Read more...]