People who suffer harm due to incompetent medical care can seek damages via medical malpractice claims. Only treatment administered in the context of a medical relationship will give rise to liability, however. This was demonstrated in a ruling in which the court dismissed the plaintiff’s medical malpractice claims on the…
Nurses, like doctors, can be held liable if they carelessly perform their duties and cause people harm. Malpractice lawsuits against nurses must be pursued in the appropriate forum, however, and if they are not, the defendant can ask the court to transfer the case to another venue. There can be…
Dentists, like other healthcare providers, have an obligation to provide their patients with competent care. If they fail to uphold their duties and consequently cause their patients to suffer harm, they may be liable for malpractice. It can be difficult to ascertain the source of harm caused by dental malpractice,…
It is not uncommon for patients to change medical providers over the course of their care. Thus, if a provider initially tasked with treating a patient commits medical malpractice, it is possible that a subsequent health care professional could continue the pattern of negligent care, further harming the patient. Each…
Medical malpractice cases are typically more complicated than other civil lawsuits, due to the complexities of the nature of the plaintiff’s harm. Additionally, in some instances, the plaintiff will not only have pending claims against the negligent healthcare providers but also against a person or entity that caused an injury…
In many medical malpractice cases, medical records from entities that are not parties to the case will be relevant to establishing or refuting liability. If a party is unable to obtain such records, therefore, it may detrimentally affect the outcome of his or her case. As such, it is critical…
Expert testimony is an essential component of medical malpractice cases. In other words, as the standard of care that applies to medical professionals and the duties imposed under the standard are beyond the purview of most jurors, parties need medical experts to clarify the issues and support their claims. Parties…
Typically, medical malpractice claims are pursued in state court. In some cases, however, a defendant may attempt to move a case to federal court with the hopes that they will have a better chance of obtaining a verdict in their favor. The federal courts have limited jurisdiction, however, and can…
When people visit medical facilities for emergent care, they generally expect the care to be competent. Unfortunately, however, emergency medical staff can sometimes fail to address concerning symptoms causing a patient to suffer a rapid decline. In such cases, the injured party may be able to pursue claims against the…
People housed in federal facilities unfortunately often suffer a variety of injuries, including losses caused by incompetent medical care. Thus, if they proceed to pursue claims against the parties responsible for their harm, their lawsuit may include not only claims but also other causes of action. If a plaintiff’s complaint…