Can Medical Malpractice Be Criminal?
August 13, 2024
Medical malpractice claims are civil tort claims for personal injury for which the remedy is typically monetary damages. Medical malpractice claims are not criminal claims, which makes sense because if medical malpractice was criminal in nature, many careful and competent health care providers would[...]
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Can I Sue For Failure To Administer tPA?
August 12, 2024
On May 28, 2019, plaintiff Michelle Klapp, who was 49 years old at the time, was at work. Between 2:00 p.m. and 2:30 p.m., Klapp began to experience difficulty gripping a pen and writing. Klapp arrived at Oakwood Hospital at 3:36 p.m., and she was admitted as an emergency patient at 3:50 p.m. At app[...]
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Are Medical Malpractice Settlements Taxable?
August 12, 2024
The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code. IRC Section 104 provides a[...]
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What Is Medical Malpractice?
August 9, 2024
“Medical malpractice” is defined by individual state laws in the United States – there is no universal or federal law regarding medical malpractice. One simple definition of “medical malpractice is “any act or omission by a physician during treatment of a patient that d[...]
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Can You Sue For Doctor’s Improper Access To Medical Records?
August 7, 2024
A doctor improperly accessed medical records of thirteen women who were not his patients but whom he had met or encountered in social settings, online, or at work. The women sued the medical clinic that employed the doctor, seeking to hold it vicariously liable for the doctor’s conduct under the d[...]
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Colorado Governor Signs Medical Malpractice Bill Into Law
August 2, 2024
On June 3, 2024, Colorado’s Governor signed into law HB24-1472 entitled “Raise Damage Limit Tort Actions” that was described as “Concerning matters related to certain tort actions, and, in connection therewith, increasing the cap on noneconomic damages, allowing siblings to b[...]
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