Medical Malpractice

A medical malpractice lawsuit is a type of personal injury lawsuit in which a medical professional breaches a duty to his patient, causing an injury that results in damages. If the parties can come to…

Being drunk can get you into trouble in more ways than one. Most people are aware there are intoxication limits when it comes to driving. Those limits vary by state and, in Pennsylvania, the limits…

The right to appeal an adverse court ruling is guaranteed by the due process clause of the United States Constitution. Appellate courts have strict rules limiting the time in which an appeal may be…

The Department of Youth and Family Services (DYFS) is charged with protecting and supervising the welfare of children within the state of New Jersey. Intervention by DYFS is mandated by state law,…

Indiana provides the means for citizens to sue its agencies or employees according to Indiana Code 34-13-3. The plaintiff must meet certain stringent standards, and the rules that govern suing the…

The United States Department of Veterans Affairs provides a number of services to American veterans, including housing and health care. If you receive substandard care or if there is another issue, it…

When a judge issues a decision in a court case, at least one party in the case is bound to feel slighted. By law, that party has a right to appeal the judge's final decision. Appeals, however, can be…

Conjunctive vs. disjunctive refers to an interpretation embedded in legal language. This is a process generally reserved for those legal professionals who are arguing a case for the prosecution.…

New Jersey has an Affidavit of Merit statute enacted to restrain litigants from filing frivolous or meritless lawsuits against licensed professionals for negligence or malpractice. Prior to filing a…

Dental malpractice is an action brought by a patient against a dentist for improper performance of a dental procedure or a diagnostic error. If a patient discovers a dentist's error and does not file…

A statute of limitation is the time in which a plaintiff must file her lawsuit or risk its dismissal. In Tennessee, the statute of limitation for both medical and legal malpractice is short -- among…

The United States Court of Appeals for the 8th Circuit handles all federal appeals --- civil and criminal --- emanating from federal district courts in eight states: Arkansas, Iowa, Minnesota,…

Preparing medical records for litigation is first an exercise in organization. A "Table of Contents" is helpful to establish in establishing records you have and those that you still might need to…

When a violation of a protection order is reported, both criminal and civil contempt charges can be brought. The criminal contempt charges are brought by the state and can result in a jail sentence.…

Medical malpractice, an area of civil law through which patients seek damages from doctors who they say have provided them substandard health care, has played a central role in the debate concerning…

A protective order is issued when a judge finds that you have committed a crime against the person who requested the order (petitioner), and that the petitioner is scared for his or her safety. To get…

Lawsuits against doctors or other medical professionals are called medical malpractice suits. The suits are filed after a doctor fails to provide competent medical care resulting in injury, death or…

Medical malpractice cases involve allegations against physicians, hospitals or other medical health care providers, which deviated from the accepted standard of medical care and caused an injury to…

Medical malpractice occurs when a doctor, nurse, dentist or other health-care provider is negligent in providing care for a patient that resulted in harm. This could be due to an object left inside…

Medical malpractice is difficult to prove. In many cases, the victim of malpractice only gradually realizes his doctor's error. Illinois has a four year statute of limitation on filing such cases so…

Medical malpractice occurs when a medical care provider's negligence, error or omission causes the injury or death of a patient. Medical malpractice may include a bad diagnosis or treatment,…

Under Ohio law it is simply not possible to gain access to every single medical malpractice report that exists. Some cases of Ohio medical malpractice are never litigated by the victims, either…

When a professional, such as a doctor or lawyer, behaves negligently, his actions may give rise to a malpractice claim. Kansas, however, like other states, has adopted what is known as a "statute of…

An argument for use in a courtroom is submitted as a brief, essentially an outline that summarizes the known facts in the case, the legal issues involved and that need to be decided, the law that…

Medical malpractice recovery can be tricky in California. In 1975 the state reformed its medical practice laws with provisions that can be construed to be physician-friendly. Knowing the special…

Unfortunately, sometimes a doctor or a veterinarian will make mistakes in administering care to a human or an animal. Mistakes by such professionals are considered "malpractice." All states allow…

In the event you are contemplating surgery -- either for cosmetic purposes or another medical reason -- it is wise to know your surgeon's history, prior to going under the knife. A surgeon is not…

Legal malpractice happens when a lawyer acts in a malicious manner or is negligent in a case involving a person they represent. According to the Personal Injury Info website, some 5 to 6 percent of…

HMO certification is the process of applying for a certificate of authority to operate a health maintenance organization (HMO). The application process and applicable rules vary between states, but…

If you have been injured by the negligent actions of a Florida doctor or hospital, you may wish to sue for compensation for medical negligence. Before you can initiate the process of filing a lawsuit,…

In Mississippi, the definition of public intoxication is broad---being in a public place with any detectable level of alcohol, even its scent, is a crime. In Mississippi, and in other states, there…

A statute of limitations refers to the time frame for pursuing a legal case, whether civil or criminal. Once it expires, a claim can't be made except in exceptional circumstances.

The World Trade Organization (WTO) is an international body that was formed in 1995 to assist nations in negotiating trade agreements and reducing the barriers to trade. The WTO is seen as the…

You have probably seen numerous television advertisements by plaintiffs' attorneys seeking clients to file mesothelioma lawsuits. Mesothelioma is a cancer of the mesothelium, a membrane that protects…

The statute of limitations time period within which a civil lawsuit can be filed against another person in most cases involving negligence is described in Florida Statute Annotated (FSA) Section…

Civil lawsuits are intended to settle disagreements between private parties. If one party purposely attempted to harm another, that is a matter for the criminal, not civil, court to decide. The…

Arbitration with Kaiser Permanente is the only means for Kaiser members to litigate their medical malpractice claims against Kaiser, Kaiser doctors and other employees. .You are required to direct all…

A statute of limitations is a legal restriction on the length of time during which an individual may file suit against another. The state of Kansas restricts most civil claims to maximum of five…

In New York state, claims of emotional distress fall into one of two categories: negligent torts or intentional torts. Under New York's Civil Practice Law and Rules, personal injury laws govern…

A malpractice lawsuit is a lawsuit claiming that a professional, such as a doctor or a lawyer was negligent. In other words, it is a lawsuit that states that the professional had a duty of care that…

Mississippi's Justice Court is responsible for misdemeanor criminal offenses and traffic cases in addition to civil lawsuits for amounts less than $3,500. The court also handles preliminary felony…

Because nursing involves having close contact with many vulnerable people, there are many errors a nurse could make that would result in patient injury. If this occurs, the nurse may be held legally…

Criminal liability is a legal term describing a certain kind of legal obligation. The term focuses on wrongdoing that is prosecuted by the state. To hold someone criminally liable means to accuse them…

United States labor laws are in place to protect, employers, employees and the public. Such laws are of particular importance to physicians who spend their working lives treating patients. Labor…

Medical malpractice is a form of tort law by which a patient may recover damages when a doctor fails to abide by the general standard of care for the procedure at issue. In 2005, Illinois limited such…

A visit to the dentist can be a dreaded experience for many people. Dentists, like all doctors, must provide service according to a professional standard of care. Failure to do so can result in a…

Medical malpractice cases are extremely expensive to litigate for plaintiffs, medical providers, insurance companies and the courts. To curb medical malpractice litigation, Missouri has joined several…

In North Carolina, a medical malpractice claimant must file a lawsuit within three years after the negligent treatment or two years from the patient's death. Before filing suit and before the deadline…

Arkansas, like most states, has its own rules and regulations surrounding medical malpractice suits. Limits are imposed on when a claimant must file their suit. These limits vary based on the…

Medical malpractice lawsuits are a major risk for physicians. Fortunately, most hospitals or medical groups offer medical malpractice insurance policies. However, many physicians who have claims-made…

Medical professionals, literally taking lives into their hands, are at particular risk for lawsuits. If a caregiver deviates from the standard of care in a given scenario, a claim for malpractice can…

If your child suffers a bodily injury due to the intentional or negligent act of another, it may become necessary to file a lawsuit against the responsible party in order to pay current and/or future…

Under the law, a healthcare provider owes a patient a duty of care. Medical malpractice can occur when a healthcare provider is reckless, inattentive or fails to treat a patient. A person may sue a…

Medical malpractice is a type of tort claim. All tort claims require four basic elements: duty, breach of duty, causation and damages. A medical malpractice claim requires those four elements but also…

Medical malpractice lawsuits are common in the United States, especially after a patient's death. Malpractice lawsuits are more common in some medical specialties than others.

The Florida Comprehensive Medical Malpractice Reform Act--also known as Florida Statute 395.0197--addresses the way hospitals, clinics and doctors' offices handle medical errors. Vista CEU, a care…

Medical malpractice occurs when carelessness or neglect by a medical professional leads to a patient's injury or death. Typically, this means the medical professional did not meet the standards of…

If a patient sustains an injury because of a health care provider's negligent act or failure to act, the provider may be liable for medical malpractice. Examples of malpractice include misdiagnosis,…

A person may be able bring a medical malpractice lawsuit against a health-care provider whose failure to act or negligent or reckless actions cause the person to sustain an injury. Depending on the…

Health Management Organizations (HMOs) are one of the four basic types of managed care organizations. In the United States, HMOs are covered by health care laws regulating the business. These laws…

A statute of limitation is a guideline that dictates the amount of time after the occurrence of a specific event that litigation must be initiated. In the state of New York, medical malpractice rules…

A statute of limitation is the time allowed for you to sue for injury in court. Many lawsuits are claims for negligence. The statutes of limitation may vary according to the type of negligence and to…

Medical malpractice insurance, which provides financial assistance to a patient who is further injured or made ill by negligent care, was created in an attempt to protect both doctors and patients.…

Incidents of medical malpractice can affect patients and their families in ways ranging from the mundane (eg, needing to undergo an additional operation due to a mistake) to the extreme (patient death…

Medical malpractice is an act or omission by a health care provider that deviates from what is the accepted standards of practice in that particular medical community. This act or omission must have a…

Medical malpractice suits have several main causes. One broad category is human error, particularly on the part of hospital staff, including physicians. Diagnoses which later are shown to be incorrect…

Though plastic surgery is an elective procedure, patients are afforded the same legal rights as all other medical patients when it comes to legal claims arising from medical malpractice. Once a…

Medical malpractice occurs when a doctor's treatment fails to meet the applicable standard of care. While malpractice law varies from state to state, in many circumstances, the standards to which a…

Under the statutes of Title 15, Chapter 1 in the Mississippi Code, statutes of limitations are imposed on certain claims causing bodily or personal injury. In general, statutes of limitations relating…

A statute of limitations places a time limit on when a victim can obtain a legal remedy for negligence or another type of wrongful conduct. In Texas, negligence claims must be filed within two years…

Medical malpractice insurance provides for nurses with professional liability coverage to protect themselves from lawsuits and actions taken by the Board of Nurses. Even the most skilled and…

Statutes of limitations vary for different claims and vary from state to state. Still, there are specific rules regarding time limits for personal injury claims. There are also rules about when the…

Medical malpractice insurance for doctors provides them financial protection in the event the physician gets sued for treatments given to patients. Most states require physicians to carry malpractice…

Malpractice occurs when doctors become negligent or fails to give a patient adequate treatment for an illness or injury. Typically, the claimant asserts the physician failed to exercise the same…

A statute of limitations in a claim of medical malpractice puts a time limit on when the claim may be filed. Each state determines the statute of limitations for a claim. Medical malpractice is a type…

Illinois law places a time limit, or statute of limitations, on the legal cause of action of negligence. Like most other states', Illinois' statutes of limitations typically vary depending on the type…

The statute of limitations places a time limit on how long someone can bring a claim to court. After the period is ended, the right to recover is waived. Statute of limitations vary from state to…

If a health care provider causes a patient harm, such as by misdiagnosis of a disease or medical condition or failing to appropriately treat a disease or medical condition, the patient may be able to…

When you buy insurance what you're doing is paying money in a bet against your own bad luck. If your car gets smashed in a wreck, you get sick, or your get fired, then the proper type of insurance can…

Many individuals seek the medical malpractice information of doctors, especially if they require complicated treatment or advance medical testing. This ensures them that the physician has the…

Medical malpractice is a negligence claim related to medical care. As with any negligence claim, to win his case a plaintiff needs to prove that the defendant owed a duty to the plaintiff, the…

The prospect of facing a serious illness or surgery can be frightening enough without having to worry about the fact that the very people who you are trusting to help you survive this event may in…

A birth injury is caused during the pregnancy or during the actual labor. A malpractice suit may be filed if there are birth injuries caused by the doctor or other medical staff through negligent…

Medical malpractice occurs when a medical provider causes injury to a patient because of the failure to meet the standard of care required by law. Medical malpractice is a tort, which is a civil…

Medical malpractice occurs when a doctor or medical professional makes a mistake which results in injury or wrongful death. This usually occurs when a doctor or other medical staff is negligent in the…

Statutes of limitations are laws passed by state legislatures restricting the time plaintiffs have to file a lawsuit or in which criminal charges may be brought. With regard to civil personal injury…

The State of Ohio defines medical malpractice as professional negligence involving a medical, dental, optometric or chiropractic professional who has injured a patient by failing to provide careful…

If your plastic surgeon performs work that you are not happy with, you may be able to take legal action or sue in a court of law. This legal action will take the form of a civil lawsuit. Most often,…

Physicians serve an important role in society. However, the rules and laws for physicians are determined on a state-by-state basis, which means there is no one uniform federal code of laws that all…

The Medical Practice Act (MPA) was created by the Arizona Legislature in 2002. It instructs the Arizona Board of Medical Examiners to protect people via licensing and regulation of allopathic…

The medical malpractice law in Hawaii establish the procedures and parameters of cases involving damages caused by health care providers. These include some specific steps that must be taken before a…

Medical malpractice cases are designed to provide individuals injured do to the negligence of a health-care provider the ability to obtain appropriate compensation. All medical malpractice cases…

The Arkansas Medical Malpractice Act protects the victims of injuries from a health care practitioner or facility in Arkansas. An attorney can help to fully understand medical malpractice legalities…

Despite some minor differences from one state to another, the general criteria for medical malpractice claims and cases largely is the same across the United States.

Oklahoma medical malpractice law establishes the procedures a patient (of the family member of a deceased individual) to pursue a claim for compensation against a health care provider.

Medical malpractice lawsuits are complicated legal actions. Filing for medical malpractice in Florida involves requirements above and beyond that of a typical civil lawsuit. For example, according to…

Tennessee medical malpractice law establishes the procedures for pursuing a negligence claim against a health care provider in the state. Tennessee medical malpractice law includes requirements for…

The state of Washington established specific laws governing how medical malpractice cases are pursued. The Washington medical malpractice laws cover everything from the steps necessary to prepare to…

Locating old medical malpractice cases, whether against doctors, hospitals or other health care providers, requires some familiarity with searching public records. Also, the type of records you need…

When choosing a new doctor, it never hurts to be careful. There are several places where you can learn more about physicians. For example, you can verify that she has a medical license and determine…

If you have the ability to practice medicine, you have endured years of schooling, residency and more depending on the practice area you have chosen. Practicing legal medicine is important to…

Medical malpractice lawsuits have cost medical institutions and doctors millions of dollars across the United States. They are also the only way families of those affected by medical negligence can…

In Delaware, a patient has the right to bring a case against medical professionals and institutions if medical treatments result in injury or death. To be found guilty of medical malpractice, a doctor…

Suffering from medical malpractice is a life-altering and oftentimes devastating experience. If you believe that you are the victim of medical malpractice, you may desire to sue the doctor, hospital…

Arbitration is a dispute resolution process that has the same legal effect as a trial before a judge or jury, with the exception being that, instead of a judge or jury, the dispute is decided by an…

The human back contains three types of vertebrae--cervical, thoracic and lumbar--that provide structural support to the skeleton and protect the spinal cord. Extending from the brain, the spinal cord…

Information regarding your doctor's experience and qualifications is readily available in his office. But information about your doctor's malpractice problems--perhaps the more important…

If you were injured as a result of medical malpractice, you are likely to seek the assistance of a medical malpractice attorney. Medical malpractice claims can be worth a lot of money, so spending…

A number of laws directly focus on medical practices. These laws can have profound effects on care delivery, paperwork processing methods and business practices within the health care industry. Each…

If you believe that you or a member of your family are a victim of medical malpractice, you need to make certain that a lawsuit is filed in a timely manner. The failure to file a malpractice lawsuit…

A bill that improves patient choice in accepting experimental treatment has one central concern. Every patient deciding their medical treatment has a right to all information on how their person will…

Medical malpractice, often shortened in the industry to simply "med mal," refers to substandard care, whether negligent or purposeful, on the part of a licensed physician. Many doctors who are found…

Medical malpractice is defined as the failure of medical professionals to provide patients with adequate treatment, which results in personal injury or loss of income.

We trust medical practitioners with our health, but they are human and sometimes make mistakes. When the mistakes are serious enough, there are laws to hold them accountable. Before you contact a…

Medical malpractice is the branch of medicine and law dealing with medical providers mistreating patients and acting improperly within their scope of practice. There are various types of medical…

Medical malpractice can occur for a number of reasons---error on the part of a surgeon, bad medical advice, prescribing the wrong medicine and countless others. However, a patient can also sue for…

Medical malpractice is defined as a negligent act or omission by a doctor or other medical professional that results in damage or harm to a patient.

Medical malpractice is the failure of a health care provider to provide proper medical treatment. Such failure results in an injury to the patient. To prove a medical malpractice case, you must…

Medical malpractice is negligence committed by a physician, health care provider or other health care entity while engaged in the practice of medicine. Medical malpractice involves substandard medical…

Doctors, nurses, and other licensed health care professionals have a duty to perform procedures to the best of their ability, according to accepted standards established by the medical community. When…

Medical malpractice covers a wide variety of issues that deal with how a doctor or medical practice conducts their business with patients. This is most often in the form of treatment or lack thereof,…

Medical malpractice is a big problem in the health industry. Annually it causes hundreds of thousands of deaths and thousands more suffer minor to major medical problems. They may last for a short…

Eventually all of us must seek the assistance of a medical doctor in our lives. When this occurs we hope that the doctor knows what he is doing and performs his services competently and successfully.…

Most states have passed a medical malpractice act to control the amount of money damages awarded in malpractice lawsuits and to help reduce the number of medical malpractice actions filed each year.

Out of an estimated 80,000 victims of medical malpractice, approximately one in eight will file a medical malpractice suit each year. Defined as the negligent or wrongful conduct by a medical doctor…

A patient makes a claim for noneconomic damages, also called pain and suffering, when a medical provider has committed medical malpractice.

Medical malpractice lawsuits have existed for many years. During its evolution, this type of lawsuit was governed by common law and interpreted by judges. While the judiciary is still involved today,…

A medical malpractice case represents one of the most complicated and challenging types of all legal proceedings. Consequently, many decisions in medical malpractice cases end up on appeal. A person…

A medical malpractice claim is one brought by a patient injured by inadequate care from her doctor. Many states have specific procedures for bringing a case, so it is important to research the…

Inadequate treatment provided by a doctor is called malpractice. When patients are injured due to receiving untimely or incorrect treatment from their doctor, they can sue the doctor. Doctors purchase…

To begin a medical malpractice lawsuit, a patient must have experienced actual harm due a medical professional's negligence. The harm may be cause by either an act or an omission. Under the law, you…

A survey taken by the U.S. health care industry showed that between 44,000 and 98,000 people die each year as a result of medical malpractice. Prescription errors, misdiagnosis and improper procedure…

After the Health Information Privacy and Protection Act was implemented in 2003, the job of medical information officers became more difficult. These medical professionals must not only maintain…

As medical malpractice litigation continues to grow, orthopedic surgeons have become a favorite target of the plaintiff’s bar. While there are certainly meritorious cases, many malpractice…

Arbitration is an alternative way to resolve disputes. At least two parties are involved with a dispute between them. They choose to forgo court and take their dispute to an arbitrator. The arbitrator…