What is medical malpractice?

When watching TV shows, it seems like doctors are always right, and never make mistakes. While it would be nice to think that all doctors do the right thing at all times, we know that isn’t possible. What would happen if I were hurt due to a surgeon or other doctor’s negligence or recklessness? Would I be able to pay for more medical expenses? I learned more about medical malpractice claims on this website from the Law Office of William J. Luse. The attorneys at this office are medical malpractice lawyers that help people when doctors mess up on the job.

Medical malpractice is when a doctor, nurse, or other hospital staff cause injury to a patient due to negligence or mistreatment. Whenever you have to miss work or end up injured or sick because of a doctor’s care, this is considered medical malpractice. However, my research taught me that there are some requirements that have to be met before you can actually sue a doctor or hospital. The first requirement is that the doctor has to violate a standard of care. Within the healthcare industry, there are certain standards of practice that all reasonable doctors abide by. 

The second condition that needs to be met is that the negligence causes injury. 

The last condition is that the malpractice results in significant damages. Apparently, medical malpractice lawsuits can be a very expensive process. Sometimes other doctors need to give testimony, and the research involved for attorneys can be time-consuming. Because of this, medical malpractice suits are usually not taken on unless the settlement can outweigh the costs involved. 


Premises Liability Incidents have one Thing in Common: A Property Owner Failing to Keep Their Premises to an Adequate Safety Standard or did not Warn of the Danger

During the 1990s, the yearly average of escalator-related accidents was 4,900. Every year, since then, however, the number has increased to about 10%, so that in 2013, the number has climbed to 12,260. Children, 14 and under, and senior citizens, at least 65 years old, are the most common victims in these accidents. The Consumer Product Safety Commission (CPSC) says that falls tops the list in escalator-related injuries and deaths (the CPSC is the branch of the U.S. Federal government charged with protecting American consumers and families from products that pose fire, chemical, electrical, or mechanical hazards). Falls occurring on escalators are either as “falls on” or “falls from.” “Falls from,” or “falls over-the-side,” refers to a person falling outside of an escalator into adjacent open spaces; “falls on” or “falls down,” on the other hand, refers to a person who remains inside the elevator wellway as he/she falls. Despite the many incidences of injuries and deaths due accidents in escalators, escalator hazards which the escalator industry has known for decades and which they can easily correct through safer designs, have often been obscured even in litigations. This is due to the overwhelming success of the escalator industry in convincing both the media and accident investigators that accidents, especially falls, are due to intoxication, horseplay, and gross misuse of riders. It is important for the public to know that premises owners and manufacturers of elevators and escalators have contracts which require the latter to provide ongoing support and maintenance services, including annual inspection after initial installation. It is also important to note that, rather than horseplay, intoxication or grave misuse, the dangerous conditions which often lead to escalator accidents are maintenance related or failure by the manufacturer to retrofit readily available safety devices – a failure premises owners choose to overlook. These are actually nothing short of acts of negligence, the basis of many premises liability litigations and claims.

Common Causes of Airplane Accidents

Airplanes are the quickest means to travel from one country to another. While you can take a ship, it will take you several days to reach your destination. On the other hand, an airplane can take you only hours or a few days. Although quite uncommon than car accidents, plane crashes can still prove to be devastating. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., airplane accidents can cause severe injuries and fatalities.

There are many factors that can contribute to airplane crashes. The good news is that aviation accidents are quite rare. According to the National Safety Council, the chances of death from a plane crash is 1 in 7,178 as compared to a car crash which is at 1 in 98. In addition, the odds of being killed in a single flight on one of the top 78 major world airlines is 1 in 4.7 million. But then again, luck will not always be on your side. Here are 5 of the most common causes of airplane accidents:

1. Pilot Error

Pilot error accounts for half of all plane crashes. This is quite understandable considering what pilots do during the flight. They must navigate through dangerous weather, respond to mechanical problems, ensure a safe takeoff and landing and others. Airplane accidents happen when pilots misread equipment, misjudge weather conditions, or react late to mechanical errors.

2. Mechanical Failure

A study by Boeing attributed 20 percent of today’s airplane accidents to mechanical failure. Such factor is not as major as it is today than before when 80 percent of accidents were due to mechanical error. According to Kyle Bailey, FAA Safety Team representative, the decrease in mechanical-related accidents were the result of improvements in airplane technology.

3. Weather Conditions

Although flights are grounded or canceled when there is a weather disturbance, it can prove a challenge to pilots and air traffic controllers. Traveling on heavy winds and fog can be dangerous for airplanes. Lightning can disable the plane in a variety of ways as it can result to electrical failure or ignite fuel tanks and pipes.

4. Sabotage

Airplanes getting hijacked account for only 9% of plane crashes. Despite strict TSA regulations, some passengers are still able to sneak in bombs or firearms onto planes. When they are able to do so, they can bring down planes and kill hundreds of passengers.

5. Other Human Error

Some accidents are caused by the fault of other humans. For instance, when an air traffic controller makes a mistake, the plane crashes into mountains, land on occupied runways, or collide with other planes.

Recall Classifications by the U.S. FDA

According to the website of Crowe & Mulvey, LLP, numerous defective products like food and appliances are sold to the public every year. Unfortunately, these faulty products result in the injury or illness of the consumers, and sometimes, it even leads to death. Product recalls by different federal agencies are one way to determine whether the things you just purchased are dangerous to you and your family. One of those agencies is the U.S. Food and Drug Administration (FDA), which is under the United States Department of Health and Human Services and is the branch that is in charge of public concerns associated with food, beverage, and pharmaceutical products.

According to the FDA, when the agency discovers that an FDA-regulated product is faulty and potentially dangerous, the most effective way of protecting the public is to recall the product, take it off the market, and advise the public not to consume the product. In most cases, the recall is voluntary—once the manufacturer or distributor finds the fault in the product, they issue their own recall. FDA still enters the picture in voluntary recalls by overseeing and assessing the recall, based on the agency’s website.

The FDA classifies the recall into three: classes I, II, and III. Class I recalls pertain to those products that are prone to serious illnesses and deaths as results, such as undeclared allergens and botulinum toxin on food, label mix-ups on lifesaving drugs, and defective surgical tools, as per the FDA website. Class II recalled products are those that may cause non-permanent health problems. Lastly, products classified as Class III are far from causing serious health repercussions but have violated the standards given by the FDA.

When a food or pharmaceutical product seems defective, it is always wise to check up on the latest product recalls by the FDA. If you have already been affected, the next best thing to do is seek the help of a personal injury lawyer as they cover these types of cases.

Why Medical Errors Might Occur

A number of actions (or inactions) can account as medical malpractice. Prescription medication errors are just one of the ways that a person can suffer from medical malpractice. Taking the wrong dosage of a certain medication or taking a wrong medication altogether can result in serious health complications or even death. There are many ways prescription drug errors occur, the most common being mislabeling, failure to warn patients of the side effects, administering the wrong prescription, or prescribing a medication to which the patient is allergic to. In order to have a successful medical malpractice or injury claim, it is important to know who should be held responsible for the medical error.

Generally, anyone who is involved in the prescribing of the medication can be held liable to medication errors. According to the website of Habush Habush & Rottier S.C. ®, these people include (but are not limited to) physicians, pharmacy departments, hospitals, medical staff, and pharmaceutical manufacturers. It is therefore important for your lawyer to investigate and gather evidence on who directly committed the prescription drug error in order to present a strong case.

Wrong medications or dosages are often a mistake committed by physicians or nurses. Bad handwriting from doctors have resulted to millions of injuries and even death around the United States, and although this problem is slowly fading in numbers, human errors due to stress or fatigue can lead to medications administered wrongfully or in the wrong amount. Another issue to look into is whether the medication was labeled properly or that the medication did not provide enough information on the risks and side effects. According to the website of Evans Moore Attorneys, because these mistakes can often be due to negligence on the part of the drug manufacturers, a product liability lawsuit is also a possible legal option. Regardless of how much you trust your doctor, it is always important to talk about possible side effects, as well as possible drug interactions and allergic reactions that may occur.

Because the victims of prescription drug errors can lead to life-threatening conditions and even death, it is important to first get proper medical attention to relieve the problem.

Medication Errors a Form of Negligence

Medication errors are not common, particularly at nursing homes. However, when they do occur, it can be confusing to decide what legal option to take; can you make the nursing home liable? Are you filing for a medical malpractice claim or a personal injury claim? One of ways to determine which claim to file is to see if there is medical negligence.

Courts often define medical negligence as failure on the medical health care provider’s part to practice and provide the degree of care and skill required from them in accordance to their specialty. Also taken into account are the advances in the medical profession and the resources that are available to the nursing home facility. Medical negligence through medication errors are very easy to commit. According to the website of Hach & Rose, LLP, a medication error can occur through the administration of the wrong medication or from the wrongful dosage of the needed medication.

Other causes of medication errors are when the prescription negatively affects the patient’s diet or other medication that they are taking. Mislabeled medication is also a problem that causes medication errors, along with misinformation or withheld allergies and other taken medications. The effects of these medication errors on nursing home residents can vary from nominal to fatal. Suspecting a medication error administered to your loved one should immediately prompt you to contact a physician in order to straighten out the situation.

A Massachusetts personal injury lawyer would probably tell you that medication errors are often visible through medical records, so obtaining such evidence can be crucial. If there is evidence of medical errors that caused injury to the patient, then the victim or the family of the victim can file for an injury claim or medical malpractice lawsuit.