Medical malpractice lawsuits are composed of two main elements: negligence and damages. Therefore, simply showing that a medical provider’s treatment is negligent is not enough – a plaintiff must also show that the negligence led to a significant amount of damages. In the Cook County medical malpractice lawsuit of Cindy…
Just as there is a difference between state laws and federal laws, so is there a difference between medical clinics who receive federal funding and those who don’t. If a medical facility receives federal funding, its staff are considered federal employees and as such are subject to federal laws. This…
As patients, we put our faith in doctors to identify our medical problems and properly treat our ailments. However, in order to achieve a successful doctor-patient relationship, oftentimes doctors need compliance from their patients. Whether by accurately describing our symptoms, or by following up on all of our doctors’ recommendations,…
It is common knowledge that the earlier cancer is diagnosed, the greater the chance of survival. However, we continually see medical malpractice lawsuits where a treating physician failed to recognize the signs and symptoms of cancer in a timely manner. The Cook County medical malpractice lawsuit of Carmela Sahagun v.…
The right to a trial by jury is a central tenant to American law. As a result, courts tend to be reluctant to overturn a jury’s verdict. However, there are some exceptions to this rule. For example, if a jury’s verdict is found to be in conflict with current laws,…
To many women, pregnancy and childbirth is a magical time that ends with the arrival of a new family member. However, for many women pregnancy and labor are anything but easy. Some women suffer difficult pregnancies and are placed on high risk status, or put on bed rest. Other women…
The field of medicine is generally associated with healing – we go to our doctors when we don’t feel well and expect them to treat us. Yet a large part of medicine is also prevention. Women undergo yearly mammograms to try and catch breast cancer early on, while people with…
Privilege is a legal term that infers an exception from a particular rule or requirement. For example, attorney-client privilege refers to the fact that attorneys are not required to disclose information gained from communication with their clients. However, the concept of privilege is not limited to the law alone. Doctor-patient…
In recent years there has been a lot of debate over the effectiveness of the Food and Drug Administrations’ medical device review system, i.e., the 501(k) process. Its critics say that the review system is not comprehensive enough and allows for the approval of unsafe medical devices. However, its advocates…
A Loyola University Medical Center patient suffered brain damage after undergoing two separate surgeries during the same hospital admission. The second surgery was required to fix surgical errors made during her initial surgery. The woman’s surviving family sued the Chicago hospital for its surgical negligence and received a $2.5 million…