Medical malpractice

Recent Posts in Medical malpractice Category

  • Caps Preventing Injured From Receiving Help

    || 5-Nov-2014

    When a patient is injured by a doctor who messed something up, a medical malpractice claim can provide the patient the help they need to deal with the problem. However, the process of resolving a medical malpractice lawsuit can be very difficult. Kansas and Missouri have medical malpractice laws in place to provide resolutions for both the doctors and the patients. Kansas law is different from ...
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  • Hidden Camera in Gynecologist's Pen

    || 28-Mar-2013

    Hidden Camera in Gynecologist's Pen Numerous patients were secretly recorded during their exams. The video recording were extremely upsetting, private, and invasive to the women. A class action lawsuit has been filed by their personal injury lawyers. The gynecologist Dr. Nikita Levy, committed suicide when what he was doing came public. He was at the world famous Johns Hopkins Hospital. He was ...
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  • Woman with Cystic Fibrosis Dies of Cancer

    || 19-Dec-2012

    Jennifer Wederell was born in 1985 with cystic fibrosis. Yet, she died of lung cancer at the age of twenty seven. How did this happen? She only got this cancer after she received an organ lung transplant from the body of a heavy smoker. She had been on the waiting list for 11 months, until she finally received the lungs in April 2011. However, she was never told that the donor had been a smoker, ...
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  • Something to Chatter About...

    || 1-May-2012

    If your dentist is your ex, you might want to think about making a switch to a new dentist. Just days after breaking up with this girlfriend, Marek Olszewski got a toothache. How convenient that his ex-girlfriend, Anna Mackowiak, happened to be a dentist. Olszewski decided to go to Mackowiak's office to see if she could help him out. It is alleged that Mackowiak gave her ex a heavy dose of ...
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  • Missouri pharmacist liability

    || 16-Nov-2011

    Clearly, a pharmacist is responsible for filling the correct medication, that is the main purpose of their job. Missouri State Statute 195.060.1, is very clear on what information is required to be documented on the prescription label. Not only are pharmacies required to have the patients basic vitals, such as: name, address, etc., but also the drug name, strength, dosage directions, among other ...
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  • Negligent driver not entitled to judgment reduction for med mal settlement

    || 9-Nov-2011

    Automobile tort defendant not entitled to a reduction of judgment amount under § 537.060 for settlement paid by doctor on malpractice claim for treating injuries arising out the same accident. Gibson v. City of St. Louis, et al., No. 95949 (Mo. App. E.D., September 20, 2011), Crane, J. Plaintiff was involved in a one-car automobile accident caused by ice on the roadway; Plaintiff sustained a ...
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  • How to thwart cumulative defense witnesses

    || 26-Oct-2011

    It is often the approach of medical malpractice insurance companies and their lawyers to fight them with little to no negotiation and vigorous defense. A common defense tactic in big medical malpractice cases is to name multiple doctors to testify on the same subject as an expert. Why do this? Two reasons, one, if one doctor testifies bad in a deposition then the defense will dis-endorse that ...
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  • Limits on an insurer's duty to provide legal defense after settlement

    || 23-Oct-2011

    In a new case, the Missouri Court of Appeals, Eastern District, held that an insurer that had paid its policy limits in full settlement of one claim arising from an incident was no longer required to provide a defense to the insured in connection with another claim arising from the same incident. National Beef Packing v. Zurich :
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  • Are preliminary expert reports protected?

    || 19-Oct-2011

    A preliminary report by an expert containing mental impressions based on initial review of case should be protected under Rule 56.01(b)(3) as Trial preparation materials. Rule 56.01(b)(3) states that a "party may obtain discovery of documents and tangible things otherwise discoverable under Rule 56.01(b)(1) and prepared in anticipation of litigation or for trial by or for another party or by ...
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  • Dealing with ERISA liens on personal injury settlements

    || 4-Oct-2011

    In Missouri and throughout the country ERISA Liens are becoming more complicated and more common in car accident and other personal injury settlements. Essentially, if you are injured in a car accident or have another actionable personal injury claim, and your health plan is an employer funded health plan and qualified under ERISA, the plan can sometimes circumvent State anti-subrogation laws. ...
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  • Do you have a Med-Mal case?

    || 20-Sep-2011

    People rely upon medical professionals every day to solve the health problems that they are having. We trust doctors and physicians to return us to normal as soon as possible. If it is necessary to have a surgical procedure, we expect that the surgeon will perform these tasks with great caution. Unfortunately, not every procedure or recovery goes as planned. Patients may sometimes find themselves ...
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  • Birth Injuries

    || 18-Sep-2011

    Childbirth is a time of enormous physical stress for both mothers and their babies. Despite careful planning, a lot can go wrong. Unfortunately, birth injuries are all too common and can have serious, lasting consequences. Parents-to-be should familiarize themselves with common birth injuries and what legal measures are available in cases of medical error. Common Serious Birth Injuries Some of the ...
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  • Unconstitutionality of Med Mal Damages Caps

    || 16-Sep-2011

    [Un]Constitutionality of caps Non-economic damages caps are controversial tort reforms to limit ( i.e. , "cap") damages for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, loss of sexual organs, physical impairment and loss of a loved one, etc. These are, collectively, ...
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  • New Law lets Patients check Doctors' Credentials

    || 13-Sep-2011

    A new Missouri state law that recently went into effect allows patients greater access to information about their physicians and gives power to the state's medical regulation board to more quickly take away doctor's licenses to practice. Supporters believe that the increased access to data will allow patients to make informed decisions about which doctors to go to and reduce the number of ...
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  • Lost Chance of Survival under Missouri Law

    || 11-Sep-2011

    Lost Chance of Survival recognized under Missouri law. If the professional negligence of a physician ( medical malpractice ) results in the death of the patient, the case becomes one of " wrongful death." Under Missouri law, however, it is not absolutely necessary in all cases to prove that, in the absence of the negligence of the treating physician, the patient would have survived. ...
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  • Challenge to Kansas Damages Cap

    || 10-Sep-2011

    Constitutional challenge to Kansas' Damages Cap Nationwide, both the legal and medical communities await the ruling of the Kansas Supreme Court on the proper constitutional limits of the legislature to limit caps on non-economic damages. The current law, enacted in 1988, limits jury awards for non-economic damages to a maximum of $250,000, regardless of any higher amount the jury may award. ...
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  • Med-mal statute of limitations tolled for continuing treatment; jury issue

    || 8-Sep-2011

    Med-mal Statute of Limitations tolled for continuing treatment; the issue is for the jury to decide. In an opinion filed July 26, 2011, the Court of Appeals, Eastern District affirmed the longstanding rule that so long as a physician accused of professional negligence ( medical malpractice ) continues to treat the plaintiff as a patient for the same or related conditions, the statute of ...
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