What Is Medical Malpractice? Archives - Medical Malpractice Lawyers

Texas Appellate Court Affirms Claim Arising From Injuries Suffered By Patient Being Helped To Car After Hospital Care Is Health Care Liability Claim

October 11, 2025

After Kathleen Holcomb (“Holcomb”) was treated at Seton Medical Center (“Seton”), Seton employees transported Holcomb from the hospital back to her car. Unfortunately, while assisting Holcomb into her car, the employees dropped her, causing her to break her foot and ankle. Ho[...]

Massachusetts Court Rules Patient’s Claims of Sexual Assault Were Claims Of Medical Malpractice

September 3, 2025

In January of 2023, Doe presented to a Mass General healthcare center for a scheduled medical appointment with Dr. Lien. The appointment was for a routine physical for which Doe was then overdue. After checking in for his appointment, Doe was brought to an examination room by Knighton, a medical ass[...]

When Is A Medical Complication Medical Malpractice?

December 16, 2024

When we use the the term medical complication, we typically are referring to an unplanned or unexpected outcome from medical treatment. All medical care and treatment involve risks, such as developing an infection after surgery. While most risks of medical treatment are known and can be avoided with[...]

What’s The Difference Between A Bad Outcome And Medical Malpractice?

December 10, 2024

All medical care and treatment carry risks of an unexpected outcome that is harmful to the patient. For example, when a surgical procedure is recommended to a patient, the medical provider is required to explain to the patient the various alternatives of medical treatment that are available as well [...]

Some Ridiculous Medical Malpractice Laws – California, Indiana, West Virginia

October 7, 2024

California – Driver’s Personal Injury Claim Against Ambulance That Rear-Ended Him Is A Medical Malpractice Claim Francisco Gutierrez was driving on Interstate 280 when he was forced to stop. Shortly after Gutierrez stopped, Tostado, who was driving an ambulance, rear-ended him. At the ti[...]

Some Ridiculous Medical Malpractice Laws – Tennessee, Texas, Ohio

October 5, 2024

Tennessee In Tennessee, medical malpractice victims must prove: “(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at[...]

Do I Have A Medical Malpractice Case?

August 23, 2024

Many people ask us, “Do I have a medical malpractice case?” In order to recover money damages for the harm caused by a health care provider’s negligence, you must show that the health care provider breached the standard of care (which means you have to show evidence of the standard[...]

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[...]

Illinois Appellate Court Holds EMT’s Negligence Claims Against Hospital Were Medical In Nature

January 12, 2024

The Appellate Court of Illinois First District Fourth Division (“Illinois Appellate Court”) held in its Order filed on November 2, 2023 that the defendant hospital did not have a duty to warn a non-agent independent contractor EMT of a patient’s violent criminal record, and that the EM[...]

Michigan Appellate Court Holds Negligence Claim Against Ambulance Service Is Not Medical Malpractice Claim

December 3, 2023

Background Facts On August 2, 2016, Jonathan Schirmer was admitted to MidMichigan Medical Center (MMC) due to concerns that he was experiencing a heart attack. Jonathan sought to be treated by his primary care physician at a different hospital—McLaren North in Petoskey—but no beds were available[...]

Missouri Appellate Court Holds Unlawful Access To Medical Records Not Medical Malpractice Claim

December 2, 2023

Background Facts J.J., a minor child, alleged that Poplar Bluff Regional Medical Center, L.L.C. (“PBRMC”) was a health care provider, and that in January of 2021 he received in-patient mental health treatment with PBRMC. While J.J. was a patient, an employee of PBRMC (“EmployeeR[...]

Florida Appellate Court Holds Patient’s Complaint For Injuries From Slip And Fall On Wet Floor In Hospital Was Not Medical Malpractice Claim

October 23, 2023

In a case on appeal decided by the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) on August 11, 2023, the Appellant, who was a patient in the Appellee hospital, alleged that while she was walking towards the restroom she slipped and fell. The only cau[...]

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