Are HIPAA Violations Medical Malpractice?
When you go to the hospital, you’re putting a lot of trust in the people who work there. You’re not just trusting the healthcare professionals to care for you at your most vulnerable. You’re also trusting the entire organization and its employees to respect your rights, personal autonomy, and privacy. Hospital employees have an ethical […]
What’s the Difference Between Medical Malpractice and Personal Injury?
If you’ve been injured by someone else, there are two general ways that you can pursue compensation: personal injury claims and medical malpractice claims. These two kinds of civil liability claims have many overlaps, but they are not the same. Understanding the differences makes all the difference in your ability to achieve justice for your […]
When Are Hospitals Liable for Elder Abuse?
Liability can be a complex matter, especially in the medical world. Most forms of medical care pose at least a small risk, so ethical healthcare facilities take care to receive informed consent from all patients before performing most procedures. As such, medical malpractice plaintiffs must demonstrate that they either did not consent to a procedure […]
Do California’s New Time-Limited Demand Rules Impact Your Medical Malpractice Claim?
As of January 1st, 2023, California has implemented new legislation to regulate time-limited demands in insurance claims. While time-limited demands have been used statewide for years, this is the first legislation specifically written to define and restrict how they may be used. The legislation affects a wide variety of civil insurance claims, particularly those involving […]
Births More Deadly for Black Families Across All Income Levels
It has long been understood that racial bias affects the quality of healthcare a person may receive. This is particularly easy to observe regarding maternal mortality rates. According to the Centers for Disease Control and Prevention (CDC), Black mothers are three times more likely to die during childbirth than white women. In addition, Black women […]
Hypoxic Brain Injuries: How They Impact Children
Infancy and childhood are critical times of mental development. Kids are constantly taking in information and learning new skills, and their brains are developing structures and pathways that will serve them for life. That’s why childhood brain injuries can be so harmful. Children who suffer injuries to parts of the brain that are still developing […]
NFL Player Brings Medical Malpractice Lawsuit for Career-Ending Knee Surgery
Sharrif Floyd, a former NFL defensive lineman, has filed a medical malpractice lawsuit targeting multiple healthcare insurance providers connected to his career-ending knee surgery. In November 2018, Floyd first sued Dr. Andrews, the Andrews Institute Ambulatory Surgery Center (ASC), and multiple other parties related to the surgery that caused permanent nerve damage in his knee, […]
Professional Negligence vs. Malpractice: What’s the Difference?
Professionals have a responsibility to the people they serve to provide quality services and take a reasonable amount of care when performing their jobs. However, that’s not always what happens. If a professional neglects their responsibilities and harms someone, the person they hurt has a legal right to pursue compensation for their losses. However, the […]
When Adjustments Go Wrong: Understanding Chiropractic Medical Malpractice
Chiropractors can play important roles in helping people recover after accidents and keep their backs healthy. However, not every chiropractor is equally skilled. When bad chiropractors make mistakes, they can cause permanent harm and make existing injuries worse. When this happens, it is known as chiropractic malpractice and may be grounds for legal action. Here […]
How Racial Bias May Lead to Medical Malpractice
If there’s one industry you’d expect would be free of bias and discrimination, it would be medicine. Medical professionals are supposed to do no harm and help their patients live their best, healthiest lives. If they followed these guidelines, doctors, nurses, and other practitioners would give every person equal treatment according to their actual needs. […]