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Category Archives: Malpractice

Proving Medical Malpractice Based on a Diagnostic Error

By Sara Morgan |

A majority of medical malpractice claims are pursued because of a delayed diagnosis or complete misdiagnosis of a medical ailment. When a physician’s error in diagnosis leads to the incorrect medical treatment, delayed care, or no medical care, the patient’s ailment can be made worse and places the patient at risk of serious consequences… Read More »

Claims for Patient Abandonment

By James Heiting |

Patient abandonment is a type of medical malpractice that can take place when a doctor has made the decision to terminate the doctor-patient relationship with no reasonable excuse or notice. Furthermore, the doctor has failed to offer his or her patients a reasonable opportunity to find a qualified substitution for the medical treatment. Here,… Read More »

Infant Injuries Following Shoulder Dystocia

By Richard Irwin |

When a medical care provider is negligent in the delivery of a newborn baby, accidents or incidents such as that of shoulder dystocia can occur. Dystocia or other serious complications in the delivery of the newborn may occur. Injury to the mother may also occur such as severe internal injuries and bleeding or other… Read More »

MICRA LIMITS RISING?

By Dennis Stout |

A ballot measure was recently proposed to seek changes in the Medical Injury Compensation Reform Act (known as “MICRA,”)  which presently caps non-economic medical negligence damages to the sum of $250,000.00.  FIPA, the Fairness for Injured Patients’ Act, is proposed for the 2020 ballot.  It would immediately raise the MICRA limitation cap, to approximately… Read More »

Investigations Conclude: California Hospitals Make Hundreds of Thousands of Medical Mistakes

By Jean-Simon Serrano |

According to NBC News, state records indicate that California hospitals account for an astonishing amount of medical mistakes, or as labeled adverse mistakes. According to the findings, these adverse mistakes are the leading cause of fatality in the nation after cancer and heart attacks. A study published by the Journal for Patient Safety found… Read More »

Medical Malpractice: Patient Abandonment

By Tim Martinez |

Patient abandonment occurs when a medical practitioner claims to terminate the doctor-patient relationship without a reasonable excuse or without reasonable notice and thereby fails to offer the patient the opportunity to find a competent substitute care provider. Here, you will find some elements that describe patient abandonment, in a health care setting. Defining Patient… Read More »

Medical Malpractice in California: A Medical Professional’s Liability for the Failure to Report Child Abuse

By Dennis Stout |

According to a journal article published by the AMA Journal of Ethics: Health Law, medical professionals are obligated by legal and ethical standards to uphold patient confidentiality. This requirement, however, is not absolute. A patient’s medical record discretion could be breached (ethically) if there is a safety concern over the patient, if there is… Read More »

Fight for Your Rights After a Prenatal Misdiagnosis in California

By Jean-Simon Serrano |

Even with the advancement in medical technology, a misdiagnose in the prenatal stage can still occur. When the misdiagnosis occurs because of medical negligence and this ultimately leads to the injury of the fetus or mother, there can be a potential for a medical malpractice claim in the State of California. Parents of an… Read More »

DON’T LET THE TIME SLIP AWAY – MEDICAL MALPRACTICE TIME LIMITS

By Sara Morgan |

One of the many frustrating aspects of speaking with the public about their concerns with medical care pertains to the time limits for medical malpractice lawsuits. Many times, a patient only has one year from the negligence to file a lawsuit, although there can be more or less time depending on the specific circumstances…. Read More »

Medical Malpractice Law: Enforceability of an Arbitration Clause

By Dennis Stout |

An arbitration clause is essentially a written provision within a contract that declares that any disputes between the parties involved will be settled through arbitration instead of through the courts. Most arbitration clauses are included within commercial and business contracts, but for the purposes of this article, we will focus on contracts between medical… Read More »

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