Can patient stupidity ever be a defense for medical malpractice?

In the states where I practice, there is something called contributory negligence or comparative fault. The plaintiff's own mistakes can mitigate...

Does the county have to provide medical attention for their inmates?

The jail has a duty to provide care. It does not have to be good care. They might only have legal liability of their medical service causes a...

Wife had breast reduction surgery breathing tube cause nerve and voice box damage. do we have any legal justification to file?

Injuries caused by traumatic intubation are generally considered known risks that can occur even when the medical provider does everything right. ...

Can I sue for medical malpractice? Can I sue for the hospitals failure to provide me with proper medial equipment?

Whether you have a case for the hospital's failure to place the binding prior to your discharge depends on whether (1) that is the standard of...

Do I have a Physical Therapist Medical Negligence Case?. History: I have had a bulging disk for 15 yrs but no major pain.

I'm not hearing any medical malpractice-type facts here. Instead, this is more of a medical "what-do-I-do" question, which is a perfectly good...

Your damages are mainly if not solely disfigurement. And just to the ear, I presume. Given this presumption on my part, I think your damages are...

Can a psychiatrist be sued for medical malpractice by violating hippa rights?

The federal medical info privacy law, called HIPAA, does not provide a plaintiff with a civil cause of action for violations of the law.

Nurse practionar discussing my psyc visits with front desk staff while waiting room could hear

Not much you can do at the courthouse. The federal regulation that protects private health info (HIPAA) has no provision for a plaintiff to bring a...

Do I have a case? 3 gynecology procedures within 4 months and complications.

This doesn't sound like a case involving medical malpractice, or at least any medical/surgical error would be unlikely provable. Myomectomy is a...

Can I sue my doctor for a failed tubal after he had two chances to get it right?

About the nicked artery: my medical experts have explained to me that nicking, perforating, lacerating, or otherwise damaging adjacent anatomy...