Articles Posted in Medical Malpractice

Is there a clear-cut way to prove medical negligence?
Law Offices of Joel L. Katz, LLC Team

The relationship between a doctor and patient can be idiosyncratic. The law attempts to define a professional standard of care through prevailing industry standards. Experts may attempt to articulate that standard by testifying to recommended treatment options. Deviations might be characterized as medical negligence, perhaps giving rise to a medical malpractice lawsuit in the event…

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Can a failure to diagnose apply to preventative screenings?
Law Offices of Joel L. Katz, LLC Team

When time is of the essence, a misdiagnosis can cause great injury to a patient. Yet the failure to properly diagnose early signs of disease can be equally damaging. Preventative screenings for cancer or other diseases are meant to keep us healthy. When doctors fail to identify disease, the untreated condition may progress to a…

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Does robotic surgery alter the medical malpractice standard?
Law Offices of Joel L. Katz, LLC Team

Robotic assistance is supposed to make surgeries safer. However, if something were to go wrong, who would be liable? Could the doctor overseeing the procedure be sued for medical malpractice on account of a robotic malfunction? These are the questions that were recently put before a court of law. The case involved a patient who…

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Are nursing staff afraid to report doctor negligence?
Law Offices of Joel L. Katz, LLC Team

In a recent post we talked about the complexity of evidence in medical malpractice lawsuits. Unfortunately, experts are often required to translate such medical jargon into layperson’s terms. The opposing party will likely offer their own expert witness in an attempt to offer an alternative explanation for the patient’s injury. Small wonder, then, that juries…

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Did a nursing home chain put money above patient safety?
Law Offices of Joel L. Katz, LLC Team

Consumers may take comfort in recognizable brand names or chains. That rationale may also apply in the context of health care providers. Yet with familiarity comes an expectation of consistent performance. Unfortunately, a lawsuit against ManorCare, a nursing home chain, suggests that patient expectations were not met. In fact, the allegations include negligent care that…

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Do electronic records invite medical negligence?
Law Offices of Joel L. Katz, LLC Team

A medical diagnosis can sometimes involve both diagnostic testing and a doctor’s personal analysis. Said another way, some diagnoses may require the artful craftsmanship of a doctor to narrow down multiple, alternative possibilities raised by testing alone. Yet technology must be used properly. A recent article about electronic medical records, or EMRs, provides a case…

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When does a doctor’s duty of care begin?
Law Offices of Joel L. Katz, LLC Team

A doctor’s duty of care begins the moment that a patient consults with a doctor for a diagnosis. A doctor must review a patient’s medical history and perform diagnostic tests and/or examinations to correctly assess the patient’s ailment. Unfortunately, the failure to correctly or timely diagnose a condition can lead to serious patient injury. Indeed,…

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Medical malpractice in Maryland — when is a claim appropriate?
Law Offices of Joel L. Katz, LLC Team

Millions of patients in Maryland and across the country seek medical treatment each year. These patients likely have faith that their medical care providers are well-trained, careful professionals who will do everything in their power to diagnose and treat their ailments. Unfortunately, mistakes happen, and these mistakes have the potential of causing significant damage. If…

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Onboard medical malpractice has new litigation potential
Law Offices of Joel L. Katz, LLC Team

Thousands of people choose to go on cruises each year, but, despite their positive aspects, some people in Maryland worry about what might happen if they are injured or become ill while at sea. Fortunately, many cruise companies now have onboard urgent care centers staffed with doctors and nurses. Another fortunate development is a recent…

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