What is Malpractice?
Malpractice is, “Any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). It refers to negligence or misconduct by a professional that eventually leads to a client or patient being injured or damaged.
Malpractice is commonly referenced in the medical sense. However, malpractice exists in other professions such as accounting and law. Medical malpractice may involve a doctor giving the wrong diagnosis or botching a surgery, resulting in direct harm. Legal malpractice could involve a lawyer mishandling a case due to incompetence or neglect, resulting in their client losing out on financial gains or wrongfully spending time in prison.
Malpractice cases are usually resolved with legal proceedings where the plaintiff seeks monetary compensation from the accused professional. They depend on the proof that the plaintiff was not only harmed, but that the malpractice by the professional was the direct cause. This process is meant to hold professionals accountable for their actions, and protect innocent individuals from the consequences of negligence and misconduct. In cases where professionals are found to commit malpractice, such as Gregory v. McInnis et al, they are often restricted from practicing in that specific field again.
More information about Malpractice
Iowa to Pay $875K After Hospital Error Resulted in Amputation of Leg
The Des Moines Register reports that the state of Iowa has settled a lawsuit filed against the University of Iowa Hospitals and Clinics after a young girl went to the hospital in 2007 for a stomach surgery, and had to have her leg amputated after she developed compartment syndrome.
The state will pay $875,000 to the now 16-year-old girl who had her right leg amputated and her left leg now suffers a permanent foot drop. The suit alleged that the girl’s legs were elevated for over 10 hours causing increased pressure to build in her leg muscle compartments, leading to muscle and nerve damage.
The hospital is overseen by the Iowa Board of Regents and the State Appeals Board had to approve the settlement.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]
Read MoreMore information about Malpractice
Lawsuit Settles for $650K After Sponge Left in Patient
The Good Samaritan Medical Center in West Palm Beach, Florida paid $650,000 to settle a lawsuit against a man with a “retained foreign object and medication error.” The man also reached a confidential settlement against two radiologists.
The now 68-year-old man was admitted to the hospital in October 2009 to undergo surgery for diverticulitis. His recovery was slow, and after five months he was in more pain than prior to his surgery. He went back to the doctor and had several X-rays and CT scans before the surgeon and gastrointestinal doctor found a surgical sponge in his stomach that had been left behind during surgery.
The man declined further treatment at Good Samaritan and went to another hospital to have the sponge removed and a portion of his intestines, due to perforation. The man also received an incorrect dosage of blood pressure medicine, however, he did not have any lasting issues over that error. […]
Read MoreMore information about Malpractice
Colorado Medical Malpractice Suit Against Nurses Settled
Undocumented immigrant receives $700,000 in medical malpractice suit settlement
The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago. The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.
The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.
The lawsuit only covered the negligence by the nurses. The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center. […]
Read MoreMore information about Malpractice
$1.25 Million Awarded After Surgeon Was Found Negligent
Surgeon found negligent in botched procedure
A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.
The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.
Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]
Read MoreMore information about Malpractice
Widow Awarded $6.7 Million in Medical Malpractice Case
The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor. The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.
The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]
Read More
