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Medical Malpractice Archives

Birth injury claims require special attention to details

In last week's blog post, we discussed the cerebral palsy case that ended in a multi-million dollar award. This case is one example of why some parents opt to fight for compensation when a child is injured during birth. In this case, the parents received compensation for their son's suffering and for his future medical care.

Cerebral palsy case leads to multi-million dollar award

Cerebral palsy is a diagnosis that considerably changes the course of a child's life. It also affects the parents. When the cerebral palsy was caused by the actions or inaction of a medical professional, the parents might opt to seek compensation. Recently, a jury found in the parents' favor in a case revolving around cerebral palsy.

Poor handwriting can lead to medication errors

If the pharmacy gives you the wrong medication, it could be due to an error on their end, but some studies have shown that the fault may actually lie with your doctor. If he or she has very poor handwriting, the pharmacy could inadvertently give you the wrong medication -- or the wrong amount -- all while thinking that the prescription is being filled properly.

Who can be responsible for medical malpractice?

Nobody wants to find themselves in position to file a medical malpractice lawsuit, as this means something has gone wrong with the care they have received. However, if you are put in this situation, it is time to learn more about your rights. This starts with knowing who to hold responsible.

Patient says doctor failed to diagnose cancer; Ohio State settles suit

Early diagnosis is crucial to effectively treating cancer and many other potentially fatal illnesses. While most doctors are conscientious professionals whose primary concern is the health and well-being of their patients, doctors are not immune to mistakes. A doctor's failure to order a test or simply misreading a scan could be detrimental to a patient's health, especially if the doctor fails to diagnose a serious illness like cancer.

Medical Malpractice Excess Recovery Through EMTALA Claim

The Emergency Medical Treatment and Active Labor act, or EMTALA has been on the books since 1986. The initial intent of the legislation was to ensure nondiscriminatory patient access to emergency care and to prevent the practice of dumping, or discharging of uninsured patients. EMTALA claims often go hand in hand with traditional medical negligence claims because they can often occur at the same time. However, due to the fact that EMTALA claims are Federal in nature, they are not subject to state damage caps. Therefore, if a patient suffers injury as a direct result of an EMTALA claim they may receive compensation in excess of the medical malpractice claim.

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