The COVID-19 pandemic has disproportionately impacted residents in long-term care homes. In Ontario (Canada), a total of 2,564 people has died from the novel coronavirus, 1,799 of which are residents in long-term care homes. It is no surprise that older age, complex chronic health conditions and underlying health problems are prevalent amongst residents in long-term care facilities thereby rendering […]
Category: Clinical Medical Negligence
Jones Whyte Law – Firm Feature – Dental Negligence & PI Lawyers in Glasgow, Scotland
The following is a featured post on the Glasgow-based law firm of Jones Whyte Law, including introductory notes regarding dental negligence claims in Scotland. Led by Glasgow-based PI solicitor and partner Greg Whyte and partner Ross Jones, Jones Whyte Law provides people in Glasgow and across Scotland with expert personal injury legal services. While the […]
Clinical negligence legal blog: Williams v Bermuda Hospitals Board – “material contribution” & causation
The facts Mr Williams attended A&E complaining of abdominal pain. A scan was ordered but there was a negligent delay before the scan was undertaken. It transpired that Mr Williams was suffering from appendicitis and required urgent surgery to remove his appendix. During the surgery it was discovered that Mr Williams’ appendix had ruptured and […]
UK patients keep a stiff upper lip over medical negligence
“First, do no harm”: this famous phrase is at the heart of what it means to be a doctor. But what happens when a doctor does do harm due to medical negligence? Recent research has found that too many UK patients are keeping a stiff upper lip when it comes to injuries inflicted by medical […]
Patient Rights When a Doctor is Wrong
Doctors are the magicians we turn to when sniffles become more than a cold, or pain becomes more than we can bear. It’s an impressive title, meant to instill trust and assure us we are in the right hands. But what happens if that trust is broken? When a case of strep lasts too long, […]
PLIVA, Inc. v. Mensing: The Preemption Puzzle & Product Liability
Drug manufacturers have a duty to provide adequate warnings to consumers about the dangers their drugs present. If a drug manufacturer knows or should have known about a risk of injury and fails to adequately disclose it, then under the product liability law theory of “failure-to-warn” the manufacturer may be liable to a consumer who […]
Pharmacy Negligence- Philosophy & the Law
Typically when we think of medical malpractice we think of negligent doctors. We read about doctors who misdiagnose patients, surgeons who leave medical instruments in patients, and anesthesiologists who used a medication that was counter indicative based on the patient’s medical history. However, other medical professionals such as pharmacists also make mistakes, and, sadly, the […]
Hip implants – new studies show women and those with all metal hip implants are particularly vulnerable
Why do patients with all-metal hip implants experience more pain? The DePuy ASR and Pinnacle hip implants manufactured by American healthcare colossus Johnson & Johnson have caused great controversy in light of their remarkably high failure rates – which led to a worldwide recall of approximately 93,000 ASR implants back in 2010. Concern has been […]
Medical Malpractice Meets Fraud
Medical malpractice has reached another level this week with reports coming from a Chicago hospital regarding a pulmonologist who allegedly performed unnecessary tracheotomies—procedures to open air passages in the windpipe—according to the Chicago Tribune. The owner, chief financial officer and five physicians of Chicago’s Sacred Heart Hospital are charged with Medicare fraud. The issues is […]
Statute of Limitations to File a Medical Malpractice Suit
If you’ve ever dealt with any legal situation, you’ve probably heard the term statute of limitations. This is the statute that defines how long you have to act in a given situation involving the courts. If you’re working with a medical malpractice attorney, they’ll make sure to file your claim before this statute expires. The […]