Medical Negligence Cases

All Medical Negligence Cases Articles

Colorado Medical Malpractice Laws & Statutory Rules

Get an overview of the relevant laws, time limits, and procedural rules to bring a lawsuit against a doctor or other medical professional in Colorado.

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California Medical Malpractice Laws & Statutory Rules

California law places a limit on "non-economic" damages in medical malpractice cases. Learn about that and other important state laws here.

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Arkansas Medical Malpractice Laws & Statutory Rules

Find out what steps you'll need to take to file a negligence lawsuit against a medical professional in Arkansas.

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Arizona Medical Malpractice Laws & Statutory Rules

An introduction to the laws and statutory rules governing medical negligence claims in Arizona.

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Alaska Medical Malpractice Laws & Statutory Rules

Learn about the statute of limitations and other relevant Alaska laws regarding medical malpractice lawsuits.

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Alabama Medical Malpractice Laws & Statutory Rules

Get an overview of the relevant laws, time limits, and procedural rules to bring a lawsuit against a doctor or other medical professional in Alabama.

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How To Find Malpractice Complaints Against a Doctor

Whether you think you have a medical malpractice case, or you're choosing a physician, you can find lawsuits and complaints filed against doctors in a...

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Liability for Obstetric Malpractice

A look at OB/GYN liability for medical errors related to pregnancy and other health conditions - and when a malpractice lawsuit may be warranted.

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How Brain Damage at Childbirth Becomes a Lawsuit

If a newborn suffers a brain injury during the labor or delivery process, the hospital staff could be liable in a medical malpractice lawsuit.

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Liability for Misdiagnosed Ectopic or Molar Pregnancy

When these abnormal pregnancies are not identified and remedied, the patient may have a right to sue for malpractice.

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How Long Will It Take To Settle Your Medical Malpractice Case?

If you're bringing a medical malpractice claim, or thinking about it, you'll want to know when it will be resolved. Here are some things to consider.

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Liability in Malpractice Lawsuits Involving EMTs and Paramedics

Who is on the hook when a patient sues for medical malpractice involving the emergency responders?

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Malpractice Claims for Spinal Fusion Complications & Errors

Learn about the types of errors in procedure - or judgement - that can lead to a lawsuit against the doctor by spinal fusion patients.

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C-Section Errors & Failure to Perform: Your Legal Options

When do complications from a C-Section birth rise to the level of medical negligence? When can the patient sue for damages?

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Effect of Your Insurance in a Medical Malpractice Claim

If you sue your doctor or hospital, their insurers might use the "collateral source" rule to limit their financial obligations in settlement or after ...

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Malpractice Claims Involving Breast Implants

A look at common errors and complications with breast implant procedures, and when a surgeon might be liable in a lawsuit.

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Discharged from Hospital Too Early: Medical Malpractice?

Your condition got worse because you were sent home too soon. Is that medical malpractice? Can you sue for damages?

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Malpractice Liability for Infection After Surgery

Who is legally liable when a patient develops a post-op infection? In many cases of negligence, both the hospital and doctor can be sued for medical m...

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Misdiagnosis of Appendicitis: A Patient's Legal Options

Appendicitis can be difficult to diagnose, and failure to do so can have potentially serious health consequences for the patient. In some cases, a mal...

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Should You Sue Your Doctor for Malpractice?

Before you lawyer up and head off to court, be sure you have a well-founded case and you're prepared for a potentially long, uphill battle.

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Is Your's a Case of Medical Malpractice?

Think you have a medical malpractice claim against your doctor? Start here to learn whether your case has merit before you run to the courthouse and f...

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Prescription Drug or Medication Errors as Medical Malpractice

If you're given the wrong dose of a drug - or the wrong medication altogether - who is on the legal hook?

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Hospital Liability for MRSA and Other Staph Infections

The hospital may be liable in a medical malpractice lawsuit - if the patient can prove the hospital acted negligently and caused the infection.

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Malpractice Liability for Infection Acquired in a Hospital

If a patient contracts an infection in a hospital, their health can go from bad to worse - and the hospital may be liable in a medical malpractice law...

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Can You File a Malpractice Lawsuit in a Stillbirth Case?

An overview of a health care provider's potential malpractice liability when a baby is stillborn - and a parent's options to sue.

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Medical Malpractice Claim for a Nurse's Treatment Error?

A treatment error committed by a registered nurse or a nursing assistant can lead to a lawsuit against the nurse and hospital (or doctor's office).

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Filing a Medical Malpractice Claim Without a Lawyer

You can make a malpractice claim without a lawyer, but complexity of state laws in this area make it very difficult, and the defense is not likely to ...

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Can I Sue a Dentist for Medical Malpractice?

A dentist can be sued for medical malpractice just like any negligent doctor. Here's what you'll need to prove.

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How Do I File a Medical Malpractice Claim?

To make a medical malpractice claim, you'll need to get a lawyer and probably file a lawsuit - and many states have additional procedural hoops for pl...

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A Doctor's Liability for Pain Medication Addiction

If a doctor overprescribed addictive pain killers, can the patient sue for addiction? A doctor may be liable in a malpractice lawsuit, if negligence c...

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Can a Patient Get Punitive Damages for Medical Negligence?

Punitive damages - meant to punish the doctor, rather than compensate the patient - are rare in medical malpractice cases. Here's why.

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Bringing a Malpractice Claim Against a Pediatrician

A child's doctor be sued for medical malpractice, just like any other doctor. Here are the legal issues parents should be aware of.

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Can My Doctor Be Sued for an Unnecessary Surgery?

If you underwent a surgical procedure and later feel it was not necessary, can you sue for having to go through it? Here are the legal issues to consi...

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Timeline of a Medical Malpractice Lawsuit

Start here to get a detailed picture of the key steps in a typical medical malpractice case.

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Malpractice Claims for Delayed Diagnosis - Legal Overview

When the right diagnosis isn't a timely one, a patient harmed by the delay may have a medical malpractice claim.

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Challenges of Winning a Cosmetic Surgery Malpractice Lawsuit

Cosmetic surgeons can be sued for malpractice like any doctor, but the elective nature of cosmetic surgery makes it more difficult for plaintiffs to b...

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Can a Hospital Be Held Liable for a Patient's Wrongful Death?

Family of the wrongfully deceased can sue the hospital as well as the negligent doctor - but it's not always the right tactic.

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A Doctor's Liability for Mistakes: Accident, Error, or Gross Negligence?

Medical malpractice cases almost always hinge on negligence. Here we discuss the varying degrees of fault as it relates to medical mistakes.

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Legal Claims for Pacemaker Implant Complications

Complications from a pacemaker implant could lead to a medical malpractice lawsuit or product liability claim.

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Malpractice Liability for an Anesthesia Error

An anesthesiologist's error can amount to medical negligence, but is the hospital or the doctor liable in a malpractice lawsuit?

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First Steps to Sue a Doctor

If you want to sue your doctor for medical negligence, here are the critical first steps to take.

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Malpractice Liability for Emergency Room Errors

A hospital ER can be a chaotic place, but that doesn't excuse serious medical errors that end up harming a patient.

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Can a Psychologist Be Sued for Malpractice?

Even though psychologists may not have a medical degree, they can still be sued for causing harm to a patient under standard personal injury laws, and...

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Medical Malpractice Claims Against Psychiatrists

Like other medical professionals, a psychiatrist can be held liable for negligence in a medical malpractice lawsuit. Here are the key legal issues.

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Is It Negligent For a Doctor to Abandon a Patient?

When a patient is harmed by a doctor's cessation of treatment - commonly called "patient abandonment', or "medical abandonment" - a malpractice case m...

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Surgery Errors That Lead To Malpractice Claims

A variety of surgery errors lead to injured patients filing a significant number of medical malpractice lawsuits each year.

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When Multiple Parties Are Liable for Medical Malpractice

"Joint and several liability" may determine who pays - and how much - when more than one defendant is liable in a malpractice lawsuit.

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Alternatives to a Medical Malpractice Lawsuit

There are options to get compensation for negligent medical treatment without filing a lawsuit and litigating the case in court.

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Do Release or Consent Forms Preclude You From Suing for Medical Malpractice?

Can the legal forms you signed protect the hospital or doctor from a medical malpractice lawsuit? Depending on the type of claim, it's possible, but u...

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What Constitutes Negligent Treatment By a Doctor?

What types of mistakes would a doctor make that could rise to the level of medical negligence? Learn here.

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Medical Malpractice During Childbirth: A Legal Overview

Negligence during delivery is one of the leading drivers of medical malpractice lawsuits. Start here to learn about treatment errors related to childb...

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Lawsuit Time Limit From "Discovery" of Medical Malpractice

The statute of limitations sets the time limit within which a patient can sue for medical malpractice, but the clock doesn't always start with the neg...

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Medical Malpractice State Laws: Statutes of Limitations

This chart will give you the time limit to file a medical malpractice lawsuit in your state.

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Malpractice Liability for Wrong-Site Surgery

Who is liable in a lawsuit when surgery is performed on the wrong part of the patient's body? The surgeon? Other medical staff? The hospital itself?

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When a Doctor's Negligence "Speaks for Itself"

The law recognizes that proving a medical malpractice case is difficult, and the legal concept of "res ipsa loquitur" can help tip the balance of a la...

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The Trial Process in a Medical Malpractice Lawsuit

An overview of each stage in a typical medical malpractice lawsuit.

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Malpractice Liability for Misdiagnosis

When does a misdiagnosis become an actionable medical malpractice claim?

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Certificate of Merit Requirement in a Medical Malpractice Case

Plaintiffs may need to file an expert witness's sworn statement on the merits of their claim before they can proceed with the lawsuit.

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Pregnancy After Tubal Ligation - A "Wrongful Birth" Lawsuit?

Can a health care provider be sued for medical malpractice if a woman becomes pregnant after tubal ligation?

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How Medical Malpractice Settlements Work

The settlement process in a medical malpractice case is a little different from the typical personal injury claim.

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What To Expect At The Consultation With a Medical Malpractice Lawyer

Most medical malpractice lawyers will offer a free legal consultation for people who think they might have a legal claim. Here's what to expect, and h...

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How Medical Malpractice Caps Limit Patients' Rights

Many states have passed laws limiting compensation in medical malpractice cases. The result can be the loss of injured patients' legal options.

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Can a Doctor Be Sued for Wrongful Death of a Patient?

If a patient dies as a result of negligent medical treatment, can the doctor be sued? Who can initiate the lawsuit?

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Legal Claims for Breach of Doctor-Patient Confidentiality

If a doctor breaches the confidential relationship by disclosing protected information, the patient may have a legal claim against the doctor.

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Can an Uninsured Patient Be Denied Emergency Treatment?

Almost every hospital in the U.S. is required by law to provide necessary emergency medical treatment to anyone - with or without insurance coverage.

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The Right Lawyer for Your Medical Malpractice Claim

Bringing a legal claim against a doctor or hospital requires a good medical malpractice lawyer. Here's how to find the right one.

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How Will You Pay a Medical Malpractice Lawyer?

How much will a lawyer cost? Who pays? Can you afford the legal fees? Learn about common legal fee structures in a medical malpractice case.

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The Insurance Company in a Medical Malpractice Case

A patient's medical malpractice lawsuit is really against the insurance company, rather than the doctor or health care facility responsible for the mi...

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Types of Defenses in a Medical Malpractice Case

A closer look at common arguments for defendants facing a medical malpractice lawsuit.

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Defending a Medical Malpractice Claim

If you're a medical malpractice defendant (or you just want to see things from that side), start here.

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How an Expert Medical Witness Shows Negligence

Medical expert testimony is usually necessary to prove negligence in a medical malpractice case, and some states require it.

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Medical Malpractice: What You Need to Prove

Start here to understand the different legal elements that an injured patient needs to establish.

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You Need a Medical Malpractice Lawyer - Not Just Any Lawyer

Not all lawyers are the same when it comes to medical malpractice. Here's why you need a specialist.

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What is Informed Consent?

Informed consent lets patients make good choices about their own care, and failure to obtain it can be medical malpractice.

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A Doctor's Duty of Care

A doctor's legal obligations are the starting point for proving any medical malpractice case.

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What is Medical Malpractice?

An overview of the legal definition of medical malpractice. Find out why a doctor would be sued by a patient.

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What is the Medical Standard of Care?

Medical malpractice lawsuits stem from a medical professionals deviation from this legal obligation that they owe their patients.

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When It's Medical Malpractice -- and When It Isn't

A closer look at when you might have a medical malpractice case, and when you're probably out of luck.

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Medical Negligence

Medical negligence is the legal theory on which most medical malpractice cases hinge. Here's a primer on this important legal concept.

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Birth Defects: Causes and Legal Liability

Birth defects can be attributed to a wide variety of causes - but in a small number of cases, a third party (like a doctor, or even pharmaceutical com...

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Pharmacy Liability for Prescription Errors

Is the pharmacy liable in a lawsuit when prescription errors cause injury? Maybe, but it may be the fault of the doctor that prescribed it.

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Lawsuit for Defective Breast Implants: Who's Liable?

If someone is harmed due to a faulty breast implant, a lawsuit may be filed against the manufacturer - or less often, against the plastic surgeon.

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Can an Orthodontist Be Sued for Medical Malpractice?

Can you file a medical malpractice lawsuit against the orthodontist if negligent treatment caused you undue harm?

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Can You Sue a Hospital for Medication Errors?

Mistakes in prescribing or administering medication can lead to a lawsuit, but it's not easy to prove.

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Medical Malpractice Lawsuit for Cancer Treatment Damage?

Chemotherapy and radiation treatment are inherently destructive to the body - In rare cases, medical negligence can add to the injury and a lawsuit ma...

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Injury Claims for LASIK Eye Surgery Error

LASIK eye surgery is a common corrective procedure, and is generally safe. But when things go wrong, the patient may be able to file a lawsuit for the...

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Can a Doctor Be Sued for Delaying Treatment?

Any healthcare provider - a doctor, dentist, OB/GYN, etc. - can be sued for delaying treatment or diagnosis of an injury or illness, but proving your ...

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Medical Malpractice Lawsuits for Cosmetic Surgery Errors

When cosmetic and elective procedures cause harm, the plastic surgeon may be held responsible in civil court.

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Filing a Medical Malpractice Claim Against Kaiser Permanente

Unlike a "standard" medical malpractice lawsuit, Kaiser patients cannot sue for medical negligence. Instead, they must go through binding arbitration....

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Suing a Chiropractor for Injury: Medical Negligence

Patients who receive sub-standard chiropractic treatment -- spinal manipulation, neck & back "adjustments", etc. -- that causes injury may be able...

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Can You Sue a Doctor or Hospital?

To sue a doctor for personal injury, you'll need a medical expert to prove your case -- and a good lawyer.

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From Lack of "Consent" to Patient Injury and a Medical Malpractice Lawsuit

Consent violations can be medical negligence. When that violation causes a patient undue injury, the doctor or hospital may be sued for medical malpra...

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Award (And Settlement) Limits in a Medical Malpractice Case

Many states have enacted laws that limit the amount of money an injured patient can receive as an award in a medical malpractice lawsuit. Here's how i...

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Proving Hospital Negligence in a Medical Malpractice Case

In some cases, the hospital may be held liable for injuries to a patient in a medical malpractice case.

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Types of Medical Malpractice Claims

An overview of the common types of medical negligence claims.

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Types of Damages and Compensation in a Medical Malpractice Case

Damages in a medical malpractice case are similar to those available in other civil injury cases, but often much larger.

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The Challenges in Winning a Medical Malpractice Lawsuit

Due to complicated medical evidence and juries' tendency to support doctors and hospitals, medical malpractice lawsuits are difficult to win.

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Filing a Wrongful Death Lawsuit for Medical Malpractice

When a patient dies as a result of medical negligence, the family member may file a wrongful death lawsuit against the doctor or hospital responsible.

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Medical Malpractice Lawsuits for Misdiagnosis of Cancer

Misdiagnosis of -- or failure to diagnose -- cancer is a common type of medical malpractice claim, but proving negligence on the doctors' part is diff...

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Legal Reform Affecting Medical Malpractice Lawsuits

Due to a perceived crisis in payouts on medical malpractice claims, many states have enacted laws that limit an injured patient's options for recovery...

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