Valleywide Legal Blog
Do I Really Need That Surgery?
Many patients have wondered what to do when the surgeon tells them they need surgery. One thing you should not do is just say, “OK” without first asking some questions. Of course, not all surgeries are the same. Some are … Read More
A Large Malpractice Award Was Justified.
Large awards for medical malpractice are not nearly as common as the medical profession and its insurers would have you believe. Juries are reluctant to hold doctors responsible for injuring patients. They don’t want to believe that doctors make mistakes … Read More
Posted in Doctors, Informed Consent, Lawsuits, Malpractice caps, medical errors, medical ethics, Medical Malpractice, Medical Malpractice Case Value, medical malpractice cases, medical malpractice damages caps, medical malpractice lawsuits, medical mistakes, Medical Negligence, Surgical Errors, trial, Verdicts | Just Fill Out These Forms – Hospital Edition.
If there was ever a situation of more uneven bargaining power than being asked to fill out hospital forms while lying on a gurney in the emergency department, I cannot think what it could be. And yet that is precisely … Read More
What You Want To Know Before They Operate.
You have been referred to a surgeon and she has advised you that you need surgery. What now? There are certain steps you should always take when this happens. What happens if I don’t get the surgery? This is always … Read More
Murder, Malpractice or Compassionate Care?
A 46 year old critical care specialist is on trial in Ohio. He is accused of deliberately overdosing critically ill patients with fatal amounts of the potent painkiller, Fentanyl. He was originally charged with 25 deaths but the court threw … Read More
Practice Makes Perfect
“Practice makes perfect.” How often have we heard that old bromide? Perhaps the main reason it has lasted so long is that there is a lot of truth to it. There certainly is when the subject is medical procedures. When … Read More
The Role of Causation in Medical Malpractice Cases
Last week I wrote about the standard of care. Standard of care is the first element a patient must prove to win a medical malpractice case. The second element of proof is that the breach of the standard of care … Read More
Posted in Autopsy, Blood Clots, Cancer, Doctors, heart attack, Hospital Negligence, Hospitals, Informed Consent, Lawsuits, Lung Cancer, medical errors, Medical Malpractice, medical malpractice cases, medical malpractice lawyers, medical mistakes, Medical Negligence, Misdiagnosis, plaintiff, Surgical Errors, trial | Informed Consent.
The requirement for informed consent means that a doctor may not perform a procedure on you without first explaining the risks and benefits of the procedure and getting your approval to go forward. Informed consent is a critical part of … Read More
Caesarian Sections
The Caesarian section can be a life saver for both the mother and her baby. There are a number of conditions which can develop during pregnancy or during the delivery process which require that the baby be delivered by C-section. … Read More
An Unethical Outrage.
How would you like to be kept alive in a permanent vegetative state for a year just so your hospital can continue to make money? That is what happened to at least one patient at a hospital in New Jersey … Read More
Posted in disclosure of medical mistakes, Doctors, Fee for Service, Fraud, Health Care Costs, Hospitals, Informed Consent, Medical Costs, medical ethics, Medicare, never events, Secrecy |