MEDICAL MALPRACTICE INJURY

In The News

Woman Awarded $198,000 for Medical Malpractice

Medical Malpractice > Surgery

August 16, 2010

Los Angeles, CA - In 2007, Ana Jimenez-Salgado underwent a biopsy to check for breast cancer. Two independent non-county pathologists mistakenly concluded that she had cancer. Based on the diagnosis, county physicians then performed a double mastectomy to remove the cancer. However, a later study of the breast tissue that was removed found that Jimenez-Salgado did not have breast cancer. The independent pathologists diagnosed a harmless condition that had a similar appearance to cancerous cells.

Medical Malpractice Overviews

Medical Malpractice

Medical malpractice involves very complicated questions of law and medicine that are beyond the scope of this synopsis. Medical malpractice can include improper care provided by hospitals as well as by doctors or other health care providers. For example, a hospital may be sued for malpractice if its employees provide improper care while following hospital policies. If you think that you may have been the victim of medical malpractice, it is important that you discuss your case with an attorney as soon as possible. The law in this area is controlled largely by your state.

The Denver Post recently reported on a case of a Colorado man who died in 2004. In 2001, the healthy 22 year-old passed out and his doctor found a CT scan to be inconclusive. The doctor thought there could be a cyst - and recommended admission to a hospital and further review under a neurosurgeon. The neurosurgeon advised immediate brain surgery, telling his parents he would probably die without it. But first the surgeon said a drain needed to be inserted. After that procedure, a nurse told the parents the patient had stopped breathing.

Recovery in a medical malpractice injury case based on negligence requires proof of the damages proximately caused by the breach of the duty owed to the patient by the physician or surgeon. As in all personal injury cases, the tortfeasor is liable for any compensatory damages flowing from the breach of duty. However, an aggrieved party cannot recover for damages that are remote, uncertain, or speculative. In this regard, the burden is on plaintiff to prove the elements of damages with reasonable certainty.