Medical Malpractice Newsletters
Blood Transfusions and Medical Malpractice
Blood Transfusions and Medical Malpractice
Medical Malpractice Actions under the Federal Tort Claims Act
Generally, there is a waiver of liability for the malpractice committed by employees of the United States government pursuant to the Federal Tort Claims Act (FTCA). The government is substituted for the physician as a party in medical malpractice actions, and the remedy against the government is exclusive. The federal courts have sole jurisdiction in cases under the FTCA, and a judge without a jury tries them.
Medical Malpractice in Cosmetic Surgery
Cosmetic surgery is any surgical procedure performed for the purpose of appearance. It includes procedures that are superficial and beautifying along with more serious reconstructive procedures performed to improve disfigured portions of patients' bodies. It is a multi-billion dollar industry that received an important impetus for growth after the United States Supreme Court ruled that the American Medical Association could not prohibit professional advertising.
Municipal Hospital Tort Immunity
Municipal Hospital Tort Immunity
Physician/patient relationship
Every doctor has a duty to reasonably care for and treat his or her patient, and a violation of that duty is medical malpractice. The core of the physician's duty comes from the existence of a physician/patient relationship, without which a claim of malpractice cannot be made despite the fact that a patient has suffered an injury. The law recognizes that a very special relationship exists between a doctor and his patient, creating the physician's duty of trust and fidelity to all those he treats. The law also recognizes that a patient who has been injured by a doctor while in this special relationship may be able to recover for his injuries.
