Skip to main content
James S. Mccarthy

James Mccarthy’s Legal Guides

33 total

  • Medical Malpractice - Failure to Timely Diagnose

    Often times, an illness or injury becomes more and more difficult to treat as time goes on. It is often critical that a doctor diagnose an illness or injury in an appropriate amount of time, so that treatment can be administered, and the patient made well. A common example is a c...

    Read more 

  • Types and Examples of Medical Negligence - Misdiagnosis

    Misdiagnosis One of the most difficult aspects of a doctors job, is taking a set of symptoms and diagnosing the illness or injury causing them. Often times, several different illnesses may result in similar symptoms, but will require very different treatment. For this reason, it ...

    Read more 

  • A Doctors Duty to a Patient

    Just like drivers on the road have a duty to drive safely and not cause harm to other drivers, doctors have a duty to their patients, to treat them according to the accepted medical standard of care, and avoid causing them any undue harm. Doctors, when they are granted the abilit...

    Read more 

  • Medical Negligence Does Not Imply Injury

    While medical negligence does not always result in injury to the patient, it is still an act of negligence. Similar to a driver running a red light and no accident occurring, the driver still broke the law, and is still negligent. Of course, drivers on the road are subject to cri...

    Read more 

  • Medical Negligence Explained

    Medical negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from the accepted medical standard of care (more on that later). In keeping with our car accident analogy, if a doctor breaks the rules reg...

    Read more 

  • Drivers Have a Duty to Other Drivers

    In tort law, it is assumed that anyone driving a car on public roadways has a duty to drive in such a way as to not cause harm or damage to other drivers. It is from this duty that laws governing speed limits, stop signs, red lights and all other rules of the road are determined ...

    Read more 

  • Negligence in General Tort Law

    Negligence is a basis for a wide variety of legal claims in the law of torts. It's best to think of tort law as civilinjurylaw. A common example of tort law, and a familiar way to explain how negligence works, is to think of drivers on the road, rules of the road and car accident...

    Read more 

  • Dispositivos Médicos defectuosos

    Los consumidores se quejan que dispositivos mdicos, mientras dise para ayudar, puede causar heridas irrevocables adicionales. Al igual que con drogas defectuosas, los defectos en dispositivos mdicos pueden ocurrir de probar y apurarse inadecuados el proceso de aprobacin para cons...

    Read more 

  • Defective Medical Devices

    Consumers complain that medical devices, while designed to help, can cause additional irreversible injuries. As with defective drugs, defects in medical devices can occur from inadequate testing and rushing the approval process to get a product on the market. The likely risk of i...

    Read more 

  • La Ley médica de la Negligencia por Estado

    Las leyes mdicas de la negligencia varan por estado. Por ejemplo, en 2010 de febrero, la Corte Suprema de Illinois volc la ley mdica de cinco aos de negligencia de estado porque limit la compensacin a pacientes heridos para el dolor, sufriendo y otros daos no-econmicos. La ley es...

    Read more