Medical Malpractice
| Liability for Administering Drugs |
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| When prescribing drugs to treat a patient, a physician is expected to use the same standard of care and skill that is normally possessed and exercised under the same circumstances by physicians in good standing in the same or similar locations. In most cases, a doctor is liable for injuries to a patient resulting from the administration of the wrong drug. Some courts have found that the manufacturers' inserts containing use recommendations are prima facie evidence of the standard of care to be followed by physicians in using the medication, but other courts have concluded that this information from manufacturers is admissible only as some evidence as to the standard of care, not rising to the level of prima facie evidence. More... |
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| Malpractice in Cesarean Sections |
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| Generally, a physician delivers a fetus through an abdominal and uterine incision when further delay in delivery might compromise the health of either the fetus or the mother. The rate of cesarean deliveries in the United States is increasing at a remarkable rate, and the reasons for this increase include the older age of women having children, the use of electronic fetal monitoring, a decrease in the use of forceps, and an increase in repeat cesarean sections and breech deliveries. More... |
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| Physician Liability for Assisted Suicide |
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| Physician Liability for Assisted Suicide More... |
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| Failure to Prevent Suicide |
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| A physician, psychiatrist, or psychologist is treating a patient, and during the treatment period, the patient unfortunately takes his own life. The family members are anguished and angry, and they claim that the doctor was negligent in failing to take the proper steps to prevent the tragic event. The question of whether or not they will prevail in a medical malpractice action depends on the specific facts of the case, focusing on the reasonableness of the treatment in light of the patient's history. More... |
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| Responsible Parties in Medical Malpractice Cases Other Than Physicians - An Overview |
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| When we think about filing a medical malpractice claim, our first thought is to name the physician in charge of treatment as the defendant in the action. However, medical malpractice is not limited to the conduct of medical doctors. Any providers of healthcare, such as nurses, anesthesiologists, healthcare facilities, and pharmaceutical manufacturers, may have been negligent, leading to injury of a patient. More... |
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