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Medical Malpractice

Every year thousands of people are injured as a result of medical malpractice. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, dentist, technician, hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Most medical malpractice actions are filed against doctors who have failed to use reasonable care to treat you. The profession itself sets the standard for malpractice by its own custom and practice. Historically under the so-called "locality rule," a doctor was required only to possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified physicians in the locality, or similar localities, in which he or she practiced. But today the trend is toward abolishing such a rule in favor of a national standard of practice.

Medical malpractice suits arise under the following circumstances:
  • Against a government agency that operates hospitals or provides specified medical care.
  • Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.
  • Against a physician, who in the general practice of medicine, deviate from the general accepted standards of practice in the community.
  • Against a medical specialist who deviates from a nationally accepted standard of practice for specialists in that field of medicine.
Suits Against Physicians

In suits against the physicians, medical malpractice most commonly occurs under the following circumstances:
  • The physician delayed diagnosis of a medical condition, or failed to diagnosis the patients medical condition altogether;
  • The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly;
  • The physician failed to perform a surgical procedure properly; or
  • The physician fails to obtain the informed consent of the patient before performing a procedure or operation.
If you or a loved one have been serious injured as a result of medical malpractice, please fill out the form at the right for a free case evaluation, by one of our qualified medical malpractice attorneys.
Medical MalpracticeRSS Feed

Rhode Island Hospital Fined Over Wrong-Site Surgery

Nov 3, 2009 | Parker Waichman Alonso LLP
Last week, we wrote about the fifth reported botched surgery at the same hospital since 2007. Rhode Island Hospital—the largest hospital in that state—allegedly operated on the wrong body part, described as a wrong-site surgery, five times.Now, says the Associated Press (AP), the hospital has been fined $150,000 and mandated to take what the AP described as “the extraordinary step” of putting in video cameras in its operating rooms, citing Rhode Island health officials....

VA Cancer Probe Continues

Jun 30, 2009 | Parker Waichman Alonso LLP
Dr. Gary D. Kao, the doctor linked to scores of potentially shoddy medical procedures conducted at the Veterans Administration (VA) Medical Center in Philadelphia admitted to making mistakes when administering radiation seed implantation—brachytherapy—to prostate cancer patients. It seems 92 veterans allegedly received incorrect radiation doses.But, Kao, who admitted to “missing his target” when performing brachytherapy, claimed this type of error is not unusual and...

Doctors Give US Emergency Care A Failing Grade

Dec 11, 2008 | Parker Waichman Alonso LLP
The country has received an overall failing grade for its emergency care service according to the American College of Emergency Physicians, the Associated Press (AP) is reporting.  Overall, the system received a D-, said the AP.According to the AP, no state received an A ranking.  The AP cited a glut of patients as adding to the problem, combined with a lack of resources.  Also, said the AP, many patients without health insurance will turn to emergency rooms to receive care,...

New York Hospital Negligence Victim Died of Blood Clots

Jul 15, 2008 | Parker Waichman Alonso LLP
Esman Green, the woman who died at Brooklyn’s Kings County Hospital Center (KCHC) June 19 after writhing on the floor of its psychiatric emergency ward for a full hour, has apparently died due to blood clots.  According to an Associated Press (AP) report, the blood clots were caused “by a long period of physical inactivity.”Based on surveillance footage obtained by the New York Civil Liberties Union (NYCLU), Green, 49, appeared to be ignored and unattended while hospital...

Woman Dies at Kings County Hospital While Staffers Do Nothing

Jul 2, 2008 | Parker Waichman Alonso LLP
Last night’s news led with graphic video evidence of medical malpractice taken two weeks ago by a Kings County Hospital Center (KCHC) surveillance camera of a patient writhing on the floor while other patients and staffers seemed to be ignoring her.Esman Green, a 49-year-old Jamaican woman and patient at the Kings County Hospital Center in Brooklyn was allowed to die last month, unattended and seemingly ignored, on the floor of the Kings County psychiatric emergency ward, according to...

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Medical Malpractice
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