Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant…
Responsible Parties In Medical Malpractice Actions
Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes. Hospitals Hospitals are corporations that are either public or private entities. In…
Med Mal Q and A
d. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure. Q: What should I do if a think…
Motorcycle Accidents: Protective Equipment
The best way to avoid bringing a claim for the devastating injuries that can result from a motorcycle accident is to never be injured in a motorcycle accident in the first place. Easier said than done? Well, the bad news…
Failure to Wear a Helmet & the Effect on Your Case
In a personal injury action brought by an injured motorcyclist, the opposing motorist may raise an issue with regard to the motorcyclist’s own negligence. A party attempting to prove negligence on the part of a motorcyclist is bound by the…
Motorcycle Accidents: Helmet Laws
A helmet is by far the most important and most effective piece of protective equipment a motorcycle driver or passenger can wear. Helmets save lives by reducing the extent of head injuries in the event of a traffic accident. A…
Types of Consent: Express and Implied
Informed consent may be either “express” or “implied.” Express consent is given in writing or verbally. If a patient’s consent is written, it should include the name of the health care professional who discussed the proposed treatment with the patient,…
Informed Consent in Cases of Medical Malpractice
If you were injured as the result of a medical procedure or medication, the concept of informed consent will likely arise in any claim for your injuries that you bring against a medical professional. In many situations where medical care…