The House Judiciary Committee is expected to consider a bill today that would allow military personnel to file medical malpractice lawsuits against the military. The proposed law comes in the wake of the death of a marine as the result of the misdiagnosis of skin cancer by military doctors. The…
Our lawyers handling medical malpractice lawsuit against medical assistants in severe injury and wrongful death negligence cases in Maryland Medical Assistants in a Healthcare Setting Medical assistants are an important part of the healthcare team and are responsible for a wide range of clinical and administrative tasks. While they work…
Before undergoing surgery or other types of medical procedures, patients are asked required to sign a medical waiver or informed consent form. These forms often contain language confirming that the patient understands and accepts certain risks associated with the procedure. But what happens if the medical procedure goes wrong and…
An appellate court in Florida affirmed a defense verdict in a medical malpractice lawsuit. Plaintiff alleged that the doctor was negligent in failing to diagnose and treat the decedent’s cervical cord compression, a condition which eventually caused the man to suffer from quadriplegia. Plaintiff made four arguments on appeal. The…
Disturbingly, the Pennsylvania Supreme Court will consider approving “a mere error in judgment” does not constitute negligence jury instruction. In other words, doctors can make mistakes as long as the jury wants to understand why the doctor made the mistake and can tolerate it. The case on appeal involves an…
The Connecticut Appellate Court ruled that a trial court was within its discretion in precluding two expert witnesses from providing testimony in a wrongful death medical malpractice lawsuit involving a tragic stillbirth. This case provides a teachable moment – to beat that phrase into the ground – for Maryland medical…
A plaintiff’s medical malpractice lawsuit against doctors she believes caused her to go blind was revived last week by the Tennessee Court of Appeals. The court remanded her malpractice action that had ended in a defense verdict. This is one of those rare cases when a motion for reconsideration actually…
The Pop Tort rages about the certificate of merit requirement that many states have in medical malpractice cases, citing a particularly onerous Connecticut merit requirement. The Pop Tort cites a news article of an awful injustice done to a woman who had her medical malpractice lawsuit dismissed. After a long…
According to a recent article published in the “Journal of the American College of Radiology,” the rapid growth of diagnostic testing appears to be placing physicians at greater risk for medical malpractice claims. The reason: test communication failures. As clinical evaluation often depends on diagnostic tests, it is imperative that…
The strict locality rule requires doctors to apply the standard of care specific to the community in which the medical care was given. This doctrine began after the Civil War where courts were loathe to apply the same standards to country doctors as they would to urban doctors that have…