There are no guarantees in medicine -- which means that not every bad outcome is the product of malpractice, even if a doctor made a mistake. So, if a mistake doesn't always equal malpractice, how can you know when you're a victim of it? Learn a little more about the legal definition of malpractice to see if it applies to your situation. Think of malpractice as medical negligence Malpractice is essentially medical negligence. In order to determine if a doctor is negligent, the law asks several different questions: What would another doctor with the same training, in the same general...
Month: September 2017
Ohio family killed in possible distracted driving event
An Ohio family, including both parents and their young child, died in an accident with a semitruck. Investigators are still checking into the details, but early reports indicate that the semi ran the red light at the intersection -- which ultimately led to multiple vehicles being involved and the three fatalities. It's currently believed that the semi's driver was also speeding and somehow distracted at the time of the accident. The family that died were T-boned by the semi. The ricochet from the initial accident ended up pushing the semi into two other vehicles, although those drivers...
The unfortunate perception of the ‘trivial’ whiplash injury
A lot of people who get injured in a car accident don't want to be "that" person -- the one who runs to an attorney right away or starts a lawsuit over what amounts to a trivial injury. Guess what? "That" person is largely a fiction. Insurance companies would like people to believe that a lot of claims for compensation after a car accident are inflated or unnecessary. If they can convince people to sign away their rights in exchange for a minuscule settlement, all the better for them! Take whiplash injuries, for example. Many people think of whiplash as a sort of vague complaint of neck pain...
Can you sue a doctor for a simple misdiagnosis?
Medicine isn't a perfect science -- doctors can examine a patient, run tests and pour over the results, but the diagnosis is ultimately an educated guess. Most of the time, the diagnosis will be correct. Sometimes, the doctor will be wrong. Often, a misdiagnosis isn't really negligence because the symptoms could have fit more than one disease -- it isn't until later on, when new symptoms reveal themselves, that it's possible to get a correct diagnosis. Some diseases, like multiple sclerosis and lupus, are even infamous for taking years to diagnose. So when can you sue for a misdiagnosis? Ask...
The basics of a wrongful death suit
While some Mansfield and Sandusky, OH car accidents end with a few bumps and bruises, others have tragic consequences. When you lose a loved one because of the negligence of another individual, you may be able to take legal action in the form of a wrongful death suit. In many cases, the family of the deceased will file this kind of lawsuit after the close of a criminal trial against the defendant. Even if the criminal court finds the defendant not guilty of a criminal act, you can still file a wrongful death suit. If you are considering bringing a wrongful death suit against a negligent...
Bicyclist fatalities are on the rise nationwide
Transportation trends continue to change as Americans become increasingly concerned about their own health and the health of the environment. Our roads, long considered solely the territory of cars, are transporting a larger number of bicyclists and pedestrians. And kids aren't the only ones traveling this way. Adult bike ridership continues to climb as a form of exercise and as a way to commute to and from work. These trends are largely positive, but they include at least one serious drawback: injurious and fatal accidents. A recent report from the Governors Highway Safety Association...