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Beginning in the early 1970s, health care providers and professional liability insurance carriers lobbied state and federal legislative bodies to place a maximum limit of the amount of damages that could be awarded in medical malpractice cases. While these efforts met with some success at the state level, they were less effective in limiting damages awarded in cases involving Medicare, Medicaid, Veteran’s care, and care provided to members of the armed forces. With the enactment of the Affordable Care Act…

There is little doubt that the number of Americans who are addicted to opioid analgesics (“pain killers”) such as fentanyl, Oxycontin, and Vicodin. Since all these medications are only available from a licensed health care practitioner, the question that most often arises is “Can prescribing opioid pain relievers to a patient who becomes addicted to such medication be considered medical malpractice?” As is usually the case when questions of medicine and law intersect, there is no answer that applies to…

The medical malpractice and accident lawyer at the Doan Law Firm explains how malpractice can involve health care workers as well as physicians Most people will associate “medical malpractice” with physicians. However, any health care worker whose conduct is not consistent with the generally-accepted standards of care of his or her profession can be held liable for any injuries that may occur if the worker deviates from those standards. Medical malpractice occurs when: A medical professional assumes responsibility for some…

When a doctor, nurse, dentist or other medical professional fails to perform his or her duties at the accepted standard of care, he or she may be liable for medical malpractice. To determine whether you have a valid medical malpractice claim, you must first show evidence of a clear doctor-patient relationship. You will also be required to prove some form of negligence, a negligent disregard for the proper, required medical procedures or carelessness on the part of the medical professional….