Newsletters

Physician/patient relationship

Every doctor has a duty to reasonably care for and treat his or her patient, and a violation of that duty is medical malpractice. The core of the physician's duty comes from the existence of a physician/patient relationship, without which a claim of malpractice cannot be made despite the fact that a patient has suffered an injury. The law recognizes that a very special relationship exists between a doctor and his patient, creating the physician's duty of trust and fidelity to all those he treats. The law also recognizes that a patient who has been injured by a doctor while in this special relationship may be able to recover for his injuries.

Surgical Malpractice

No matter how "routine" a procedure, surgery is always risky. However, not every bad result from surgery is caused by malpractice. Unintended and non-negligent complications arise every day, such as death from an undetected allergic reaction or infection that is guarded against, diagnosed, and treated in a timely and proper fashion but that nevertheless has a devastating effect on the patient's recovery.

Arbitration

In the world of commercial business, arbitration is a frequently used procedure for the settlement of disputes. The parties submit to one or more persons selected either by themselves, by a neutral body, or by statute, and the arbitrators investigate the issues in order to make a final and binding decision. Arbitration is used in place of legal proceedings, and it can be a less expensive and more efficient way to solve legal disagreements.

Recovery for the Death of a Fetus

Whether or not a parent may maintain a cause of action against a negligent healthcare provider for the death of a fetus generally depends on the laws of the jurisdiction in which the medical care was given. The issue is determined on the basis of the definition of the word "person" in the state's wrongful death statute. There is usually some line of demarcation in the statute - a critical stage of development after which an action may be pursued by parents for the death of that fetus. In most jurisdictions, a parent is entitled to maintain an action to recover for the wrongful death of a fetus after the fetus is developed enough to live apart from its mother. Only a few courts have upheld such an action regardless of the viability of the fetus.

Liability for Curbside Consults

Liability for Curbside Consults