Nursing Home Litigation Crisis

Nursing Home Litigation Crisis

Liability for Administering Drugs

When prescribing drugs to treat a patient, a physician is expected to use the same standard of care and skill that is normally possessed and exercised under the same circumstances by physicians in good standing in the same or similar locations. In most cases, a doctor is liable for injuries to a patient resulting from the administration of the wrong drug. Some courts have found that the manufacturers' inserts containing use recommendations are prima facie evidence of the standard of care to be followed by physicians in using the medication, but other courts have concluded that this information from manufacturers is admissible only as some evidence as to the standard of care, not rising to the level of prima facie evidence.

Malpractice in Cesarean Sections

Generally, a physician delivers a fetus through an abdominal and uterine incision when further delay in delivery might compromise the health of either the fetus or the mother. The rate of cesarean deliveries in the United States is increasing at a remarkable rate, and the reasons for this increase include the older age of women having children, the use of electronic fetal monitoring, a decrease in the use of forceps, and an increase in repeat cesarean sections and breech deliveries.

Emotional Distress Damages

Emotional Distress Damages

Discovery Techniques in Medical Malpractice Cases

Discovery Techniques in Medical Malpractice Cases