Sometimes cases are appealed because a party disagrees with the court’s decision on the issue of liability. However, sometimes the liability issue is not disputed, and the issue on appeal is only the amount of damages awarded. In a recent case, a plaintiff argued that his damages award was incorrect…
Medical malpractice damages caps limit the amount of money a plaintiff can receive from a medical malpractice claim. Often, the damages caps limit only non-economic damages, such as pain and suffering, mental distress, and loss of companionship. Yet, some states cap both non-economic and economic damages, which include medical bills…
Settlements can be a useful way for parties to avoid a long, drawn-out trial and still come to what they feel is a fair agreement. However, settlements often come with conditions. One of these may be a settlement agreement that includes a release of future liability. In a recent case,…
In a recent case, a plaintiff filed suit against a doctor and a prenatal care center after her baby sustained an injury during birth. However, the case was dismissed because the statute of limitations had passed, and the court rejected the plaintiff’s “equitable tolling” argument. The plaintiff, an Illinois resident,…
Surgeries carry high risks, even those considered “routine” procedures. Patients trust their surgeons to provide them with the necessary care. However, even surgeons can make mistakes. Some mistakes have minor consequences, while others are fatal. In order to demonstrate a medical malpractice claim arising from an alleged surgical error, the…
Medical malpractice cases often rely on experts who can testify about what a reasonable medical provider would have done in similar circumstances. In fact, this is often the most hotly contested issue in many cases. In a recently decided case, the plaintiff brought a medical malpractice suit against an emergency…
Malpractice claims are quite prevalent these days, and there have been concerns for a long time about which physicians are most prone to malpractice claims. This has raised the important question of whether certain physicians are sued more than others and whether those physicians share certain characteristics. A recent study…
There are side effects with just about any prescription medication. For many patients, the decision to take a specific medication comes only after the benefits of the medication are weighed against the possible side effects, which range from minor annoyances to serious medical risks. The laundry list of side effects…
There are very few people who have not visited an emergency room at some point in their lives. Even the most cautious person can slip and fall, or cut their finger with a kitchen knife, and end up being taken to the emergency room. In addition to emergency rooms, urgent care…
According to a recent report published in the Journal of Patient Safety, it is estimated that over 400,000 patients die each year in the United States because of medical errors that could have been avoided. Another report found that medical errors like these cost Americans about $19.5 billion annually because…