Medical malpractice takes place when a professional medical personnel acts negligently. This could be a doctor or a nurse or any other health care provider. Generally, it is understood that a medical practitioner will practice standard duty of care while treating a patient. However, there have been various cases where medical practitioners have acted negligently that have resulted in further deteriorating the condition of the patient or even in worst cases led to death. Claims of medical malpractice, when pursued in US courts, are processed as civil torts.[1]
Medical professionals may obtain professional liability insurance to offset the costs of lawsuits based on medical malpractice. Further establishment of conditions of intention or malice may be applied where applicable.[2] In most cases, medical practitioners can lose their license to practice, in addition, to being legally punished for a medical error.
WHAT TYPE OF MEDICAL MALPRACTICE HAPPENS MOST?
- “Retained foreign objects. Surgical tools and items left inside of a patient after surgery are a common form of medical malpractice. Common medical instruments left behind include needles, scalpels, clamps, scissors, sponges, electrical equipment, and knife blades, among other objects.
- Surgery on Incorrect Body Parts.
- Birth Injury
- Stroke
- Medication Errors
- Anesthesia Errors
- Misdiagnosis or Failure to Diagnose” [3]
Michael Jackson’s Death or also known as People Vs. Murray
The case of The People of the State of California v. Conrad Robert Murray) was the American criminal trial of Michael Jackson’s physician, Conrad Murray, who was charged with involuntary manslaughter for the pop singer’s death on June 25, 2009, from a dose of the general anesthetic propofol. [4]
Background:
Mr. Murray (the Appellant in this case) “was a cardiologist with a specialty in internal medicine. The appellant first met Mr. Jackson in Las Vegas in 2006, when the appellant treated Mr. Jackson and his children for the flu. He was invited by Mr. Jackson to serve as his physician for the “This Is It” tour. Nearly every night, for two months before Mr. Jackson’s death, the appellant administered Propofol to Mr. Jackson in Mr. Jackson’s private room in his home. Mr. Jackson’s bedroom was not equipped with the types of medical monitoring devices that one would expect to find in a medical facility where general anesthesia such as Propofol would normally be administered.”[5] “Murray had stated that he worried that Jackson had become dependent on the drug as a sleep aid and was trying to wean him from it. Propofol is usually given in a hospital or a clinical setting with close monitoring, mostly used for general anesthesia during surgery. It is not indicated or approved as a sleep aid (though any FDA-approved drug can be used off-label) and is only supposed to be administered by anesthesiologists, nurse anesthetists, anesthesia assistants, or intensive medicine practitioners who have extensive training in the use and monitoring of anesthetics. Murray did not have any such training.”[6]
Wrong Sperm Used at Fertility Clinic – Baby Born of Different Race
- “A couple who were seeking fertility help were surprised to learn that the fertility clinic used sperm from another man to inseminate their eggs. During the in vitro fertilization, New York Medical Services for Reproductive Medicine used someone else’s sperm in Thomas and Nancy Andrews’s eggs. They had no idea until their baby was born in 2004. It was then that they noticed the baby’s skin was drastically darker than either of the Andrews. Lab results and DNA testing revealed that Thomas was the baby’s biological father. The baby was of a different race than her parents. The Andrews brought a case against the owner of the clinic and the embryologist who processed the egg and sperm for insemination.” [7]
Daubert v. Merrell Dow Pharmaceuticals, Inc
FACTS: “Jason Daubert and Eric Schuller were born with serious birth defects. They and their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical Company, in a California District Court, claiming that the drug Bendectin had caused the birth defects. Merrell Dow moved the case to federal court and then moved for summary judgment because their expert submitted documents showing that no published scientific study demonstrated a link between Bendectin and birth defects in humans.[1] Daubert and Schuller submitted expert evidence of their own that suggested that Bendectin could cause birth defects. Daubert and Schuller’s evidence, however, was based on in vitro and in vivo animal studies, pharmacological studies, and reanalysis of other published studies, and these methodologies had not yet gained acceptance within the general scientific community.”[8]
STATUTE OF LIMITATIONS: “The statute of limitations limits how long a patient must file a medical malpractice lawsuit. The time limit varies by state but is generally between two and four years. The clock starts running when the plaintiff became aware of the medical negligence or should have become aware of it. If you file a claim after the statute of limitations expires, your case will be dismissed, and you will not be able to successfully recover compensation for your losses.” [9]
This article is not intended to be and should not be considered legal advice. Rather, it is only general information about the law. For legal advice, please contact our attorney.
[1] Medical malpractice in the United States - Wikipedia [2] Thornton, R. G. (2006). "Malice/gross negligence". Proceedings (Baylor University. Medical Center). 19 (4): 417–418. doi:10.1080/08998280.2006.11928212. PMC 1618741. PMID 17106507. [3] Most Famous Medical Malpractice Cases | Notable Malpractice Lawsuits (bluegrassjustice.com) [4] People v. Murray - Wikipedia [5] People v. Murray, No. B237677 | Casetext Search + Citator [6] Conrad Murray - Wikipedia [7] 12 Most Famous Medical Malpractice Cases - Dirty Dozen of Medical Mistakes (leightonlaw.com) [8] Daubert v. Merrell Dow Pharmaceuticals, Inc. - Wikipedia [9] Medical Malpractice Lawsuit Guide 2023 – Forbes Advisor
