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Articles Posted in Medical Malpractice

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Court Finds Battery Claim for Lack of Informed Consent Carries Same Requirements as Medical Malpractice Claim

In a recent case, a woman filed suit against a hospital and her doctor for battery after undergoing a medical procedure. She alleged that she had not given her informed consent for having an intrauterine device (IUD) implanted. About a year after she had the IUD implanted, she found out…

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Medical Malpractice Claim Against Hospital Fails after Plaintiff Waits Too Long to Amend Complaint

In a recent case, a woman had surgery done at a hospital and subsequently suffered a stroke. The woman filed a products liability claim against the manufacturer of one of the medical devices in the surgery. However, when the complaint was originally filed, it did not name the hospital or the doctor…

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Testosterone Replacement Therapy Linked to Tumor Growth in Prostate Patients

One increasingly popular therapy for treating prostate cancer is testosterone replacement therapy, or TRT. It has become quite common during the last 10 years. Until recently, testosterone hormone treatments were only given in situations in which a patient has a rare medical condition like hypogonadism. Although the majority of men who take…

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Doctor Must Inform Patient that Worsened Condition May Occur After Back Surgery

In a recent case, a plaintiff filed a medical malpractice claim, alleging that the defendant negligently failed to obtain informed consent. The plaintiff suffered a lower back injury and subsequently underwent a lumbar spine surgery. Prior to the surgery, the plaintiff and the doctor talked about the risks and consequences…

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Recent Study Highlights Risks of Emergency Surgeries

All surgeries carry some risk, but some carry more than others. Certain procedures carry high risks for complications and even death. But even when an injury or death occurs during or after high-risk surgeries, medical malpractice may still occur. Medical malpractice laws exist in order to protect patients from negligent medical treatment,…

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The First Question in a Medical Injury Claim: Do the Allegations Fall Under Medical Malpractice?

Medical malpractice claims often require additional evidence, including expert testimony, affidavits, and special administrative procedures. For this reason, the first issue in any case alleging the negligence of a medical provider may be whether or not the allegations fall under medical malpractice in the first place. In a recent case,…

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Court Rules Plaintiff Has Free Choice in Future Medical Providers, Increasing Damages Award

Sometimes cases are appealed because a party disagrees with the court’s decision on the issue of liability. However, sometimes the liability issue is not disputed, and the issue on appeal is only the amount of damages awarded. In a recent case, a plaintiff argued that his damages award was incorrect…