Who can commit malpractice?
Any professional who is licensed by the state and holds themselves out as having special skills can commit malpractice. While this means that there are many types of professionals that can technically...
Medical Malpractice Basics
If a doctor prescribes experimental drugs, is this medical malpractice?
When a doctor prescribes experimental drugs, there are certain circumstances that can lead to medical malpractice. However, this is not always the case. To be held liable for medical malpractice the d...
Breast Cancer Misdiagnosis / Delayed Diagnosis Attorney Interview
Daniel Hodes, a medical malpractice attorney in California, answered our questions on breast cancer misdiagnosis and delayed diagnosis and provided tips on how litigation is handled in this area....
What is medical malpractice?
A health care professional commits medical malpractice when she provides substandard medical care that results in injury to or the death of her patient. To win a medical malpractice case, you must sh...
Are doctors protected from a malpractice lawsuit when providing emergency treatment at an accident site?
Doctors who arrive at an accident site are generally called “first responders” and are given high protection against medical malpractice suits. Most of the time, a first responder at the scene of ...
The Discovery Rule in Medical Malpractice Cases
The discovery rule tolls (or suspends) the statute of limitations until an injury due to malpractice is or should have been discovered. There are many situations where the inciting event is obvious....
Loss of Chance Doctrine
Victims of medical malpractice often find it very difficult to obtain damages if their doctor's negligence wasn't a substantial factor in their injury or death. The key word there is substantial. Ho...
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