Sentences with phrase «liable in a medical malpractice»

The physician may, thus, be found liable in a medical malpractice action for a brachial plexus palsy injury sustained by the child during the child's vaginal delivery.

If an obstetrician or other medical personnel who are assisting in the birth of a child negligently fail to recognize and adequately manage these and other complications, the obstetrician and assisting medical professionals may be found liable in a medical malpractice action for a child's CP that is determined to have been caused by the negligence of such medical personnel.

Nurses, lab technicians, and other medical professionals who are responsible for your wellbeing might also be held liable in a medical malpractice case.

Anyone involved in the prescribing of medication can be held liable in a medical malpractice suit.

Not exact matches

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

In a medical malpractice case, this may mean that an individual healthcare practitioner is not liable for the malpractice; instead, their employer, such as a hospital, may be held liable instead.

In the case of medical malpractice suits, hospitals may be held liable for negligence or for the negligence of their employees.

New Mexico Again Ranks Number One in Per Capita Accidental Deaths, New Mexico Personal Injury Lawyer Blog, December 23, 2012 Study Finds State of New Mexico May be Liable for $ 120 Million in Albuquerque Medical Malpractice Case, New Mexico Personal Injury Lawyer Blog, December 16, 2012 Additional Resources:

Additionally, a hospital may be liable for medical malpractice damages if the hospital's policies resulted in the medical malpractice injury.

It is easier for medical mistakes to happen in this type of environment than in other medical settings; however, emergency room doctors and nurses may still be liable for medical malpractice if they fail to provide the same standard of care that a reasonable doctor or nurse would've provided under similar circumstances.

The most common misconception when determining liability in a Bardstown medical malpractice case is that just because a person had a bad result the doctor is liable.

In California, there are actually a few parties that can potentially be liable if you suffer a medical malpractice injury.

Potentially liable parties in a medical malpractice claim include:

In Florida medical malpractice cases, if a doctor fails to obtain informed consent, and the patient suffers an injury as a result, the doctor may be liable under a theory of medical battery.

In order to hold your physician liable for medical malpractice, you must prove that a doctor / patient relationship existed, that a duty to you existed, that a deviation from medical protocol occurred and that your injury was caused by the physician.

Depending on how a head injury is sustained, liable parties may include property owners, employers, drivers at fault in motor vehicle accidents and physicians involved in medical malpractice.

If, for instance, a baby exhibits signs of breathing difficulties, pale skin, or loss of consciousness immediately following birth and the failure of medical personnel to timely and appropriately respond to the baby's condition is found to have resulted in an asphyxia injury to the baby, such medical personnel may be found liable for the baby's injury in a medical malpractice action.

If, for example, an obstetrician fails to timely order or perform a C - section when nuchal cord is detected and this failure is found to have been a cause of the baby's HIE childbirth injury, the obstetrician may be found liable for the damages suffered by the child as a result of the injury in an action for medical malpractice.

When this occurs, the obstetrician or medical professional responsible may be found liable for the damages suffered by a child as a result of the HIE injury in an action for medical malpractice.

If an obstetrician or other medical professional assisting or involved in a pregnant woman's care negligently fails to detect such signs of fetal asphyxia during the mother's pregnancy or the labor and delivery stages of childbirth, or to appropriately and timely respond to such signs, the obstetrician or other medical personnel may be found liable for the child's resulting HIE injuries in a medical malpractice action.

Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case upholding a lower court's decision to grant the plaintiff a new trial after newly discovered evidence showed that the defendant may be liable for her loved one's death.

If you have suffered a similar brain injury as a result of a medical malpractice in Massachusetts, it is in your best interest to consult an experienced Boston personal injury attorney to determine the strength of your claim and identify the liable parties.

In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held «vicariously» liable for the negligence of their employees.