When a medical provider’s actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice. When the patient can prove the various legal elements that add up to medical malpractice, they can take legal action …
Although standards and regulations about medical malpractice can differ among states, the basic requirements to prove medical malpractice in the United States, according to Symposium: Clinical Risk and Judicial Reasoning, involve several important legal elements, and you must be able to demonstrate all of them. Namely: A doctor-patient relationship existed: Either by agreement or treatment …
The Food and Drug Administration (FDA) can recall a medical device if it presents a significant hazard to consumers’ health and safety. It issues a Class 2 medical device recall for products with a slight chance of causing serious injury, or if it produces adverse health consequences that are either temporary or medically reversible. The …
A Class 1 medical device recall addresses medical devices that reasonably could result in serious injuries or death to consumers. Typically, in the case of Class 1 medical device recall, either the company that manufactured the medical device or the U.S. Food & Drug Administration (FDA) removes the device from the market and notifies consumers …
A drug company engages in a product recall when it withdraws a drug from the market because of a defect or danger it poses to consumers or a violation of federal law. In contrast, a company carries out a market withdrawal of a drug to correct a minor issue or problem that is not dangerous …
The Food and Drug Administration (FDA) is the federal agency that protects our food supply and regulates drugs (both prescription and over-the-counter) and medical devices. The FDA may issue a recall based upon the threat level of a drug. The type of drug involved in a Class 3 recall varies, but this level of recall …
Any deviation from accepted ethical standards can result in medical malpractice. Some claims happen more frequently than others. In no particular order, the following are types of the most common medical malpractice claims: Misdiagnosis or delayed diagnosis. Failure to treat. Prescription drug errors. Surgical or procedural errors. Childbirth injuries. You might be shocked to learn …
You can sue a doctor without malpractice insurance, but you should prepare for a complex legal process. A legal advocate can guide you through legal and medical issues and toward compensation and justice. Requirements for Malpractice Insurance Many states require a minimum amount of malpractice insurance coverage—and sometimes a greater amount if the physician enjoys …
If you or a loved one was the victim of medical malpractice, you have two years from the time of the incident to file a medical malpractice suit according to Florida Statutes. If you did not immediately discover the action leading to your claim, this two-year window begins when the action was, or should have …
A deeply emotional trauma that a person intentionally or carelessly inflicts on another individual is referred to as the Intentional infliction of emotional distress (IIED). According to the Columbia Law Review, proving IIED rests on four key elements: The defendant acted either intentionally or recklessly. The defendant’s conduct classifies as extreme and outrageous. The defendant’s …
Proving someone responsible for your expenses often means showing that they acted negligently in some way. An injury you suffered does not automatically entitle you to file a personal injury claim. To receive monetary awards, you will need to prove five elements of negligence that resulted in damage. According to Hofstra Law Review, these elements …
Medical malpractice lawsuits occur when a patient suffers harm under the care of a health care provider who failed to perform their duties competently. Each state has different rules regarding what action qualifies as medical malpractice. Some states require you to notify a medical professional of your legal proceedings ahead of time. Other stipulations and …
Yes, from a legal perspective, you can file a malpractice suit without a lawyer. However, before making this decision, you should consider many other factors, including the deep complexity of this type of case, as well as the fact that it could cost you nothing to hire a lawyer to file your case and represent …
The Journal of Psychiatric Practice provides this succinct summary of conditions that constitute as the four elements of medical malpractice—referred to here as “the four Ds”: Duty: The duty of care owed to patients. Dereliction: Or breach of this duty of care. Direct cause: Establishing that the breach caused injury to a patient. Damages: The …
Many people find that the most practical and affordable way to file a malpractice suit is to hire a medical malpractice lawyer. While anyone can file a malpractice suit, most people do not have the legal knowledge to fully protect and exert their rights under Florida’s complex liability statutes. This makes filing without an attorney …
Medical malpractice is when a care provider’s negligence causes an injury to one of their patients. This can happen in a hospital, doctor’s office, inpatient care facility, or at a local pharmacy. Just because a medical procedure or surgery failed to have a desirable outcome does not mean that you have a medical malpractice case. …
According to Florida Statutes, medical malpractice lawsuits generally must be filed within two years from the date that harm resulting from malpractice was discovered. The court will likely dismiss any lawsuit that you try to file after this time has passed. This statute of limitations applies to surgery and all other medical care and treatment …
A doctor may be held liable for misdiagnosis if he or she deviates from accepted medical practices that another doctor under similar conditions would follow. How Misdiagnosis Can Be Dangerous If a physician fails to diagnose an injury, illness, or medical condition, you may not receive the proper treatment you need. In some instances, this …
