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Articles Posted in Medical Malpractice

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Court Rules Plaintiff Has Free Choice in Future Medical Providers, Increasing Damages Award

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…

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Medical Malpractice Caps Limit Compensation for Victims

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…

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Mother’s Equitable Tolling Argument Rejected After She Sues Due to Birth Injury

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,…

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Surgical Error Cases in Illinois

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…

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Case Highlights the Importance of Experts in Medical Malpractice Cases

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…

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Recent Study Examines Which Physicians Are Most Prone to Malpractice Claims

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…

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Doctors and Drug Companies May Be Liable for Medication Side Effects

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…

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Recent Study Considers the True Cost of Medical Malpractice

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…