Sentences with phrase «medical malpractice actions»

My colleague John Cooper reported recently on our firm's Virginia personal injury attorneys» website that electronic health records can assist plaintiffs in medical malpractice actions against health care providers.

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.

M.G.L. c. § 4 sets forth both a statute of limitation and a statute of repose that apply to medical malpractice actions.

Kimberly's professional liability practice has included the representation of hospitals and physicians in more than 50 medical malpractice actions.

Greg Mondelli's practice focuses primarily on the defense of medical malpractice actions.

Cindy defends hospitals, Community Care Access Centres (CCACs) and other health organizations in many medical malpractice actions on behalf of the Healthcare Insurance Reciprocal of Canada.

We represent our clients in all courts having jurisdiction in Alberta, from Small Claims Court to the Supreme Court of Canada, in medical malpractice actions, construction litigation, commercial litigation, personal injury claims, family law disputes, security realization, tax litigation and an array of other cases.

In medical malpractice actions, a defendant sometimes argues that the plaintiff's pre-existing or underlying conditions were the primary reason why they suffered injuries — rather than the alleged lack of appropriate care.

During that time, he litigated countless personal injury and medical malpractice actions while representing physician groups, medical facilities and entertainment venues, and their respective insurance companies.

One of the most important elements of medical malpractice actions, causation, can be among the most difficult to establish.

Medical malpractice actions happen more than two hundred thousand times per year and that number grows by leaps and bounds each New Year that passes by.

She has extensive experience defending domestic and international medical device and pharmaceutical manufacturers in multi-plaintiff actions, as well as hospitals and physicians in medical malpractice actions in all stages of litigation, including trial.

As reported in the Journal of the American Medical Association, problems with medical diagnoses are raised in nearly 20 percent of all medical malpractice actions.

Medical malpractice actions are not strictly limited to medical doctors.

Punitive damages are not allowed for medical malpractice actions.

Our firm has been handling medical malpractice actions for many years and is willing to expend whatever it takes to properly conduct the discovery to determine what occurred and how it can be prevented in the future, and to effectively present the facts and law to a jury if the opposing side is willing to offer a fair settlement.

The current statute of limitations for medical malpractice actions can expire in certain cases before a patient is aware of a problem.

Minor's attorney basically appealed a fee award in a minor's compromise settlement in a medical malpractice action.

Because there is a statute of limitations on filing a medical malpractice action, it is imperative that you take action sooner rather than later.

At the law firm of Cohen, Placitella & Roth, P.C., we never want the cost of a medical malpractice action to be a deterrent for a client who has been harmed at the hands of a medical professional.

If you are pursuing a medical malpractice action, you will need to obtain a copy of your medical records.

If you do not give informed consent and suffer harm, you may be able to file a medical malpractice action.

While the main part of the case discussed the usual components of medical malpractice action (standard of care of a physician and causation), it's Canada - wide implication arises from a part of the decision that reviews and clarifies the law on «confidentiality between patient and doctor» in a legal context.

For example, if you are able to recover $ 100,000 in a medical malpractice action and are 20 percent at fault for the injury, your damages will be reduced by $ 20,000.

In order for the plaintiff to prevail in a medical malpractice action, the plaintiff must prove the physician departed from the standards of care for his or her practice, and there was a causal link between the negligence and the plaintiff's injuries.

Rather, it is only when medical treatment falls below the minimally acceptable standard of care within the medical community that a medical mistake may give rise to a medical malpractice action.

$ 1.4 Million — Settlement of medical malpractice action involving failure to monitor hospital patient resulting in death

$ 2.55 million — settlement of medical malpractice action involving failure to properly intubate resulting in comatose patient.

Determining whether you have a viable medical malpractice action is not easy, nor black and white.

By and large, a medical malpractice action needs to have a certification by a doctor essentially «vouching» for the validity of the case.

$ 950,000.00 — Settlement in medical malpractice action involving misdiagnosis of cardiac condition resulting in death

If you don't know the case, it's an infant - delivery medical malpractice action.

This means that it is possible that a wrongful death action may still be available even if the underlying medical malpractice action is time - barred.

One of the most important aspects of a medical malpractice action is establishing the standard of care that should be applied to the health care professional.

A: One obstacle plaintiffs in many states may have to overcome before they can even file a medical malpractice action against a health care professional is the requirement that they file what is commonly known as a «certificate of merit.»

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.

People often sustain injuries as a result of their own carelessness, however, when an injury is caused by the negligence of another individual or entity, medical error, or a defect in a product, the injured person may be able to recover financial compensation from the responsible parties through the institution of a negligence, product liability, or medical malpractice action.

Successfully defended a surgical ophthalmologist in a medical malpractice action based on lack of informed consent.

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.

If your child has died or sustained injuries due to a physician's negligent performance of a C - section or negligent failure to order an emergency C - section when indicated, you may be entitled to compensation for the damages suffered by you and your child through the institution of a medical malpractice action against those responsible for your child's injuries or death.

Andrew J. Schwab (Partner) obtained a settlement of $ 345,000 in a medical malpractice action venued in Onondaga County.

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.

A physician's negligent failure to diagnose, manage, or treat pregnancy conditions that increase the risk of such brain damage or other negligence during labor and delivery may be considered a cause of an infant's CP in a medical malpractice action.

$ 7.5 Million settlement in medical malpractice action against New York hospital involving brain damage sustained by 7 year old child after surgery

In order to bring a medical malpractice action against a doctor based on misdiagnosis or delayed diagnosis, it is necessary to prove the following:

For a more detailed look at what is required in order to be able to succeed in a medical malpractice action please refer to our malpractice case evaluation page.

In the first appellate decision interpreting and applying Pennsylvania Rule of Civil Procedure 1006 (a. 1), Pennsylvania's tort reform measure involving venue, the Pennsylvania Superior Court affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia County.

The plaintiff will be required in such wrongful death actions to prove the medical malpractice or negligence of the defendants just as they would have in a medical malpractice action.

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.

Of course, it is not always the case that a subsequent treating physician will be interested in helping to pursue a medical malpractice action (or there may not even be a subsequent treating physician).