If you or a loved one was injured at a hospital because of negligence, you may be wondering if it is appropriate to sue for negligence to recover damages. Specifically, when is it appropriate to sue a hospital for negligence versus an individual medical professional?
First, let’s define medical negligence
Medical negligence is the fault theory used in most medical malpractice cases. It has occurred when a medical professional performs their job in a way that breaks their duty of care by deviating from the accepted medical standard of care. Medical negligence qualifies as medical malpractice when the medical professional’s negligent conduct causes injury to the patient.Read More
Medical doctors and other health professionals owe a duty of care to their patients. A duty of care is the legal obligation doctors owe their patients to provide treatment in line with appropriate levels of care under the circumstances. This legal obligation is the first step in proving any medical malpractice claim.Read More
When a person is injured or dies as a result of the negligence of another, they may be able to file a personal injury claim to recover damages. While both wrongful death and medical malpractice fall under tort law, the appropriate type of claim depends on the circumstances and type of injury. Medical malpractice is a specific subset of tort law that aims to hold professional negligence accountable while wrongful death law is applied in tort cases where the defendant’s behavior resulted in the death of the victim.Read More
CDC Report Shows U.S. Maternal Mortality Affects Women Up to a Year After Delivery: Most Deaths Preventable
A 2019 CDC report casts light on a tragic reality in the United States: too many American women are dying from pregnancy-related complications up to a year after delivering their babies. A report released by the CDC today underscores the tragedy. The report found that including maternal deaths during pregnancy, at birth, or within 42 days of birth, the overall 2018 U.S. maternal mortality rate was 17.4 deaths per 100,000 live births. Clearly, the rate would be higher if it had included deaths up to 52 weeks after birth. The U.S. ranks 10th for maternal mortality among 10 other similarly wealthy countries.Read More
The reality in most emergency rooms around that country is that many patients wait several hours to be evaluated, treated and finally admitted to the hospital. Far too often, patients end of “boarding” in emergency room hallways as they await for a hospital bed to open. This opinion piece published on NPR, talks of a bedridden patient with chest pain who spent 47 hours in the hallway before they were finally moved into an open spot in the cardiac unit. According to the Centers for Disease Control and Prevention, in 2016, two-thirds of American hospitals boarded patients in the ER for more than two hours while waiting for an inpatient bed, affecting about one in five patients.Read More
As reported by the BBC.com, a patient at a New Jersey hospital was given a kidney meant for a different patient earlier this month. The patients – who have not been identified – had the same name and were of a similar age. The wrong patient surgery was discovered one day after the transplant surgery by a member of the hospital’s clinical team. A spokesperson for the hospital says that this was an “unprecedented event” and that both patients have now received kidneys and are doing well. The patient who was supposed to receive the original kidney was given a different one about a week later.Read More
Pakistani Pediatrician Charged with Medical Negligence and Manslaughter after Allegedly Reusing HIV Infected Syringes
As reported by the Independent.co.uk, almost 900 Pakistani children and about 200 adults have tested positive for HIV in the city of Ratodero after receiving injections from a doctor that allegedly reused HIV infected syringes. Some children have died after becoming infected and those that are living with the disease are often shunned because of a misunderstanding that HIV can be contracted by touch. Health officials believe that the true number of those infected could be higher as they have tested less than one quarter of Ratodero’s 200,000 residents to date. According to the United Nations’ taskforce on HIV and Aids, HIV infections in Pakistan have nearly doubled to 160,000 since 2010.Read More
Most insured Americans have frustrations with their health insurance company. If we haven’t been denied care ourselves, we may have heard stories about people who are gravely ill being denied prescription drugs or necessary tests, procedures or medical treatments. Even Medicare sometimes denies legitimate claims. In the worst cases, people who were denied coverage have died as a result.
If your valid health insurance claim was denied and the lack of care caused your illness to progress or your loved one’s claim was denied and they died as a result; then you may be able to recover damages with the help of a personal injury lawyer.Read More
Each of us has a right to expect that our health insurance companies will act in good faith when handling health insurance claims or a request for care that is covered under our policies. When legitimate health care is denied, there can be terrible consequences to patients including the progression of an illness or even the death of a loved one. When a health insurer acts in bad faith, the insured may be able to recover damages through a civil lawsuit.Read More
As reported by Global News, New Brunswick’s largest health authority and one of their now former obstetrics nurses are named as defendants in a proposed class action lawsuit. The lawsuit, brought by two of at least a dozen women who were affected by this behavior, alleges that the nurse improperly administered labor-inducing drugs by adding the drug to IV saline bags hooked up to pregnant women. The drug oxycontin was allegedly administered without the knowledge or consent of the mothers. The women allege that the Moncton Hospital either knew or should have known that their nurse was allegedly improperly administering the drugs. They also argue that the health authority could have done more to prevent this from happening by acting on their knowledge that “the hospital…performed an unusually high number of emergency c-section and instrument-assisted deliveries.”Read More