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Medical Malpractice Lawsuits and Patient Safety - 1/27/2012

Medical malpractice lawsuits promote patient safety both through visible public policy efforts and through less visible changes in hospitals and other health-care organizations. In the realm of public policy, medical malpractice lawsuits and the research they spawned have turned patient safety into a public health concern. ...

Governmental Immunity - 1/27/2012

In the old common law, the doctrine of sovereign immunity protected state governments from tort suits. This decision by government to prohibit its laws and courts from being used against itself was descended from a principle of English law that “The King can do no wrong.” ...

Professional Negligence - 12/27/2011

When a professional acts negligently, it can result in damages or injury to the professional’s client. Any person who suffers damage or injury from the acts or omissions of a professional can file a personal injury lawsuit against the professional for negligence. ...

Elements of a Personal Injury Claim - 12/27/2011

There are three issues in a personal injury lawsuit. First the duty of care, second the breach of the duty of care and third loss or damage following on the breach. ...

Element of Duty - 12/27/2011

The law of torts defines certain duties that the law imposes upon persons in the absence of a contract. A tort is a violation of one of these duties. One who commits a tort is sometimes called a tortfeasor. ...

Definition of a Motor Vehicle Accident - 12/27/2011

An accident involving a person falling while riding with or without permission on or in a motor vehicle, or getting on or off a motor vehicle which is in motion is also covered by the definition of a motor vehicle accident. ...

Coach’s Liability for Injury to Children - 12/27/2011

Anyone involved in coaching must owe a duty of care to those being coached. However, difficulties may be experienced in deciding exactly what comprises the duty of care. The law can only lay down principles to be applied in each particular situation. ...

Medical Profession and Negligence - 11/28/2011

A patient who is injured through medical care may have a right under law, to claim compensation from those responsible. Debate continues about such injuries and the responsibilities of doctors in relation to them and their consequences. ...

Damages for Medical Negligence - 11/28/2011

Actions for negligence imply that the plaintiff has suffered damage. The courts accept that damage may be physical or mental ('nervous shock') or involve economic loss. The award of damages is related to the degree of harm or loss and not to the degree of negligence. The compensation is intended to restore the plaintiff to the position that he or she would have been in if negligence had not occurred. ...

Medical Professional Breaching Duty of Care - 11/28/2011

An important issue in any negligence action against a medical professional is whether the medical professional broke the duty of care, that is, fell short of the standard of care expected of a medical professional. Generally a medical professional will not be negligent if his or her conduct is supported by a responsible body of professional opinion. ...

Employees and Psychiatric Injury - 11/28/2011

In case of a psychiatric injury caused by work, it is not sufficient to show that the harm was caused by the work alone. The claimant must prove the employer’s failure to take appropriate action in the light of the fact that psychiatric injury to the claimant was reasonably foreseeable. ...

Your First Steps After a Car Accident - 11/28/2011

If you have been involved in a car accident, the first thing you should do is check for injuries. If you have been injured call 911 and request medical assistance. If you are not injured, check for others who may be injured and call 911, if needed. Do not administer medical assistance to the injured persons unless you are professionally trained. ...

Professional Negligence - 10/26/2011

In cases of professional negligence such as negligence by doctors and other medical professionals, negligence means the person failed to act according to the standards of a reasonably competent professional at the time. ...

Malpractice - 10/26/2011

Malpractice is negligence on the part of a professional only while he or she is acting in the course of professional duties. ...

Expert Witness - 10/26/2011

In cases of negligence standards of care are relevant. The presentation of the testimony of an expert witness constitutes the principal difference between a suit for ordinary negligence and a suit for malpractice. ...

Malpractice Damages - 10/26/2011

In a malpractice lawsuit, the court can award three types of damages. These are general, special and punitive. ...

Bases of Medical Malpractice Lawsuits - 10/26/2011

There are many bases for a medical malpractice lawsuit. Some of the common ones are safety and medication administration errors. A medical malpractice lawsuit based on safety is initiated when there is a failure to ensure patient safety and the doctor or the medical staff did not recognize the possible risk factors or failed to take appropriate preventive measures. ...

Stress Caused by Accidents - 9/26/2011

Stress is considered, in general, to be a response of the mind and body to any demand placed on it. It is an internal state caused by something in the environment which a person interprets to be in some way threatening. Being in an accident can result in a severe state of stress. ...

Sleep and Errors - 9/26/2011

A system of developing and training night-shift teams -- surgical or emergency room teams who work at night and obtain rest and sleep during the day -- should be adopted in those hospital centers with continuous provision of emergency health care. ...

Manufacturers and Medical Device Errors - 9/26/2011

It is currently the case that medical devices may be approved by the FDA if they meet the criteria of being safe and effective when used as intended. ...

Maintenance and Product Liability - 9/26/2011

Human-factors issues of usability extend to the cleaning and other maintenance of medical devices. User needs here include appropriate instructions for the type and frequency of maintenance. ...

Errors in the Operating Room - 9/26/2011

The operating room (OR) represents a task-oriented situation where a number of people perform a variety of activities toward a common goal, the well-being of the patient. Team composition is continually changing with consultants, for example, coming and going to discharge other duties. ...

Reasons for Surgical Errors - 8/25/2011

Surgical errors can result in medical malpractice claims. A surgery is often performed by a team of medical professionals including the surgeon, anesthetist and nurses. ...

Product Liability Law in the United States - 8/25/2011

The legal liability of organizations selling products which cause injury is known under the umbrella term 'product liability'. ...

Medical Equipment Malfunction - 8/25/2011

Improper use of medical equipments or devices can result in medical malpractice and/or product liability claims. Problems with the use of medical equipment or devices can be broadly divided into two types. ...

Litigation Options When Medical Device Malfunctions at a Hospital - 8/25/2011

When a medical mishap is caused by the malfunctioning of a medical device in a hospital or clinic, it can result in civil litigation in which patients or their families seek monetary compensation for their injuries and financial losses. ...

Adequate Warnings - 8/25/2011

Under a product liability theory, a manufacturer or seller of products may be liable for failure to provide adequate warnings as to dangers associated with its products. ...

Spinal Cord Injuries and Personal Injury Costs - 3/31/2011

Many brain injuries, spinal cord injuries, and similar cases drag on for a very long time and can mean a lot of money no matter the outcome. ...

How Much Is Usually Covered in Boating Accidents? - 3/31/2011

Coverage requirements vary from state-to-state and from insurance carrier to carrier. For the most part, however, most boat insurance covers roughly the same things that are covered in automobile insurance policies. ...

National Medical Litigation Watchdog Calls for Prudence in Large PI Cases - 3/31/2011

Many attorneys and clients believe it will be easier to “win” their suit should they join an MDL rather than going it alone. This can be true, but the individual payouts for each participant may not be commensurate with losses. ...

Michigan May Limit Attorneys Fees - 3/31/2011

Opponents to the proposed ruling state that it limits the attorney's options during a case and would allow attorneys to collect from all disbursements in a case, including direct costs. ...

Finding a Qualified Personal Injury Attorney - 3/31/2011

Much like the pediatrician specializes in medicine for children, a personal injury attorney specializes in specific types of cases involving injury and related claims. ...

Settle a Personal Injury Claim Online? - 3/31/2011

This means that a large number of our own case backlogs could be removed were mediation required before court filings and perhaps even more if the system were enabled through online services. ...

Personal Injury Definitions - 3/21/2011

Sometime it is very important to know, the meaning of the context of personal injury definitions. This information could play a major role in auto accidents or in a personal injury claims. So please go through the following Personal Injury definitions: ...

What to DO after an Auto Accident - 3/21/2011

Many people don’t even know What to DO after an Auto Accident and How to prepare for the unexpected accidents. This article will help you to prepare for unexpected accidents. Please read this article carefully and Prepare yourself for the possibility of such misfortunes. ...

Six ways to keep insurance snoops at bay - 2/25/2011

A popular 1994 song with the lyric “I always feel like somebody’s watching me” could apply to insurance consumers. In determining your rates and investigating claims, insurers regularly snoop into your background, your activities on Facebook and even your actions in public. ...

When Motorcycle Accidents Go Legal - 2/21/2011

Motorcycle accidents make up about 11% of all vehicular accidents in the United States and about 13% of traffic fatalities. ...

Back Injury and Your Rights - 2/21/2011

The most common medical claim and complication from accidents are back and neck injuries. These are also the injuries most likely to be contested in court and denied payments or settlement by an insurance carrier. ...

Boating Accidents and Legalities - 2/21/2011

Boating accidents are fairly common, but not as fatal as car and other accidents can be. About 700 people a year die in boating accidents. ...

When Fire Accident Claims Become Litigation - 2/21/2011

No matter how diligent and careful you are, accidents are going to happen. That is life. Insurance exists to cover these accidents when they occur. ...

Medical Malpractice Cases and the Attorney's Responsibility - 2/21/2011

One of the largest costs to medical practice today is medical malpractice. The insurance to cover against malpractice claims can be the largest expense a doctor, hospital, or other medical professional pays. ...

Winning Toxic Mold Litigation Isn't Easy - 2/21/2011

Occasionally, news stories about toxic mold being found in a public building, home, or business sends chills down our spines. Mold is the silent and potentially deadly stuff that we don't see and rarely know is even there. ...

Dealing With the Difficult Adjuster - 2/13/2011

Dealing with difficult insurance adjusters can be tough. As a personal injury plaintiff’s attorney, you’re trying to get your client’s medical bills paid off, pay the attorney’s fees, and then still have enough left to get a decent chunk of money in your client’s pocket. ...

Toxic Mold Doesn't Just Happen at Home - 2/3/2011

Nearly every case of mold in a building that causes sickness is in the home. Many homes have minute leaks or moisture issues that can create a breeding ground for mold. ...

Car Accidents, Personal Injury, and the Liability Process - 2/3/2011

The most common type of personal injury claim is the result of a car accident. Vehicular accidents happen more often than any other type of accident in the U.S. and statistically are the most likely to result in injuries to those involved. Every state in the nation requires at least minimal personal injury coverage on car insurance and the average injury claim is about $10,000. ...

Plane Crashes and Liability in California - 2/3/2011

A plane recently crashed after takeoff from an airport in Big Bear, California. The pilot likely realized there was a problem and attempted to turn around to return to the airport, but instead rammed the plane into a home, injuring an occupant. The pilot also sustained injuries. ...

Product Liability in Pharmaceuticals - 2/3/2011

One of the fastest-growing industries is pharmaceuticals, but with that growth has some thousands of class action suits. Many drugs are rushed to market and despite the Food and Drug Administration's oversight, some of these medicines are harmful. ...

Dog Bites – When Children Are Not Victims - 2/3/2011

Children are the most common victims of dog bite attacks. Most of the time, the child is the clear victim and parents have the clear right to sue for damages. There are, however, some pretty clear instances where this is not the case and the problem is with the children's parents failing to educate them about proper behavior. ...

Trucking Accidents and Wrongful Death - 2/3/2011

Accidents involving large commercial vehicles are more likely to cause fatalities than are other accidents. These fatal crashes are also the most likely to lead to a lawsuit since the ability to prove the driver at fault is easier with commercial drivers. ...

“Wrongful Death” of Children In Foster Care - 4/13/2010
La Verne Law Review
This Article surveys wrongful death cases filed in various states involving the death of children in foster care. Part I discusses wrongful death claims in general, and Part II discusses foster care. Part III discusses specific cases involving claims of wrongful death filed in various states which arose from the death of a child in foster care. Lastly, Part IV briefly reviews the key aspects of foster care wrongful death cases. ...

Michael Jackson Wrongful Death Suit Threatened by Tort Reform - 9/10/2009
Chris Robideaux
Talk of a Michael Jackson lawsuit is having to include the fact that tort reform, which has, in essence, guarded physicians from unreasonable compensatory damages, may seriously hinder the Jackson family from recovering anything substantive for the loss of their son, brother, and father. ...

Woman’s wrongful-death trial due to radio station contest mishap to begin Tuesday - 9/8/2009
Chris Robideaux
The radio station made up the contest rules "on the spot," the plaintiffs’ attorneys said, in pursuit of "sheer entertainment value" and top ratings in the Sacramento market. The result: a young mom who died trying to win a popular video game for her family. ...

Wrongful Death Suit Settled For $15 Million in Chicago Restaurateur's Plane Crash Death - 9/8/2009
Chris Robideaux
It seems it will be as much a happy ending as it can be to the wrongful death case of Chicago Restaurateur Michael Waugh. A Cook County, IL judge has agreed to a $15 million settlement in the case of the man who had been general manager of Joe's Seafood, Prime Steak and Stone Crab Restaurant in Chicago. ...

Seattle cyclist's family sues for wrongful death - 9/3/2009
Chris Robideaux
On Sept. 3, the family of Kevin Black, a University of Washington scientist who was killed on Feb. 4, 2009 while bicycling to work, filed a civil action against the driver whose Ford E250 van struck him, according to a release from the lawyer representing the Black family. ...

Wrongful death lawsuit settled in police shooting case in Northern California - 9/1/2009
Chris Robideaux
A wrongful-death case involving a police shooting in Northern California has finally had its long-awaited outcome. The case of Alan Adams recently settled for $5.7 million. ...

Wrongful death lawsuit filed against Ford Motor Company, Bridgestone Tires - 8/31/2009
Chris Robideaux
The American automotive industry has sustained yet another blow. A products liability wrongful death lawsuit against Ford Motor Corporation, Bridgestone Tire Corporation and TRW Vehicle Safety Systems has been filed by a team of to-remain-unnamed California personal injury attorneys. ...

Border patrol agent sued for wrongful death engaged in "ethnic hatred" - 8/27/2009
Chris Robideaux
The family of a man who was shot to death by a Border Patrol agent says the agency's hiring practices are partly to blame for the death. Francisco Dominguez-Rivera's family says the agency should have known of Nicholas W. Corbett's history of "ethnic hatred" before allowing him in the field. ...

Actor James Woods could testify in 9/11 wrongful death case - 8/25/2009
Chris Robideaux
Actor James Woods could be a "star" witness when the first wrongful-death case from the 9/11 attacks goes to trial in April ...

Football Player’s Family's Wrongful Death Lawsuit Challenged by University - 8/24/2009
Chris Robideaux
The University of Central Florida (UCF) is attempting to avoid liability in a wrongful death lawsuit filed by the family of a student who died during football practice, arguing that a medical waiver he signed protects the school. ...

Geo Tracker rollover case spawns wrongful death lawsuit - 8/20/2009
Chris Robideaux
Product liability lawsuits continue to plague consumers. An Alabama woman whose husband was killed in a vehicular rollover accident while driving his 1993 Geo Tracker has filed a wrongful death lawsuit. ...

Wrongful death lawsuit possibly in the works for Jackson estate - 8/20/2009
Chris Robideaux
In a not-too-surprising twist in this high profile case, the mother of international pop superstar Michael Jackson, Katherine Jackson, is exploring the idea of filing a wrongful death lawsuit for the untimely death of her son. ...

Fight for Justice Continues, as 9/11 Wrongful Death Lawsuit Goes to Trial Next Year - 8/19/2009
Chris Robideaux
The trial date of a wrongful-death lawsuit that arose after the September 11 attacks on the World Trade Center in 2001 will be April 12, 2010. More than 90 lawsuits filed by victims and their survivors have either been settled or resolved through a special compensations fund, the Associated Press reports. ...

Wrongful-death lawsuit to be brought by NASCAR driver Mayfield - 8/18/2009
Chris Robideaux
NASCAR driver Jeremy Mayfield is "having some issues". He's reportedly ready to file a lawsuit against his stepmother for wrongful death, as he apparently thinks she had something to do with the 2007 supposed suicide of his father, according to the Sporting News. ...

Wrongful death lawsuit filed against Harris County jail - 8/13/2009
Chris Robideaux
On January 12, 2008, Margarita Saavedra, 44 year-old Harris County jail inmate died while in custody in the jail medical clinic. Texas wrongful death attorneys representing the grieving children of Saavedra filed a lawsuit against Harris County jail officials and medical personnel alleging medical malpractice by jail medical clinic nurses caused the wrongful death of Saavedra. ...

$40 Million Lawsuit Against New York City Filed By Swine Flu Victim's Family - 8/13/2009
Chris Robideaux
The family of the Queens high school administrator who was New York City's first swine flu-related fatality has filed a wrongful death lawsuit for $40 million against the city. ...

Medical malpractice wrongful death suit alleges Ohio doctor, clinic altered evidence - 8/11/2009
Chris Robideaux
The family of a 16-year-old Ohio girl who died after brain surgery has filed a lawsuit alleging a neurosurgeon and a clinic altered evidence to avoid a wrongful death claim. ...

Fatal MN car crash lawsuit settled - 8/11/2009
Chris Robideaux
A November 2007 car accident near Elgin, MN spawned a lawsuit against the driver of the other vehicle, which has now been settled by the victim's family. ...

Car Wash Wrongful Death Lawsuit Settled in NH - 8/10/2009
Chris Robideaux
A wrongful death lawsuit that was filed against 48-year-old Marie Pigaga, stemming from a car accident in which Pigaga crashed into and killed a woman at a Massachusetts car wash in 2007, has been settled. ...

Wrongful Death Settlement Reached in Case of American Teen Who Died in Japan - 8/7/2009
Chris Robideaux
The family of Tyler Hill, who died while on trip to Japan, has announced they have reached a settlement in a lawsuit for the wrongful death of their beloved 16-year-old son. ...

South Carolina EMS Wrongful Death Case Settled - 8/6/2009
Chris Robideaux
County Emergency Medical Services in Greenville, SC have settled with the estate of a 43-year-old man who died in 2005 for $47,500, just days before the case was to go to trial, reports the Greenville, SC News. ...

Anesthesia Errors: When Can You Sue For Medical Negligence? - 8/5/2009
Chris Robideaux
When you're recovering from surgery, anesthesia errors might not be immediately apparent, especially if the effects build over the long term, and that's bad news in the case of anesthesia injuries caused by negligence. ...

Mass. Police Shooting Wrongful Death Lawsuit Settled - 8/5/2009
Chris Robideaux
The family of Preston Johnson, the man who was fatally shot by Massachusetts state trooper Donald Gray in 2005, has reached a settlement after filing a federal wrongful death lawsuit against both the trooper and his department. ...

Uncle Sam Settles Wrongful Death Claim in VA Hospital Malpractice Lawsuit - 8/4/2009
Chris Robideaux
Though it's small comfort to the legions of those suffering incredibly poor treatment at the hands of the VA, the U.S. government has reportedly settled a VA hospital malpractice lawsuit with the wife of a veteran who died from a blood infection following a biopsy at an Illinois Veterans Affairs facility ...

Wrongful Death Suit Settled Involving Wal-Mart “Black Friday” Stampede - 8/3/2009
Chris Robideaux
In a move surely taken to mollify outrage of the family of a deceased security guard as well as the courts, Wal-Mart Stores, Inc. agreed to improve its future day-after-Thanksgiving crowd control. ...

Knowledge is power in understanding product recalls, personal injury lawsuits - 7/31/2009
Chris Robideaux
You can protect yourself from personal injury and prepare for lawsuits to some degree with knowledge gained from understanding which companies are manufacturing dangerous and faulty products. You can also join class action lawsuits, or begin one of your own if you or a loved one has fallen victim to such products. ...


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