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Medical Malpractice Archives

What is an Affidavit of Merit?

Sometimes people who have been injured or suffered at the hands of a health care provider will come across legal terms such as “affidavit of merit.” Unfortunately, most people don’t have any personal experience with affidavits, much less affidavits of merit. To help explain what an affidavit of merit is, and why it plays a role in medical malpractice and personal injury cases, let’s take a look at some important concepts.

Medical Malpractice: Affidavit of Merit

Whenever someone wants to file a medical malpractice lawsuit, that person has to comply with specific laws and rules. Every state has its own laws that determine what a person has to do to file a lawsuit, though they all generally address the same basic issues. For example, the law states how long you have to file your lawsuit, what format the lawsuit must take, and the kind of information your lawsuit must contain.

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Drug Interactions a Serious Health Concern

We live in an age where medical and pharmaceutical research is something we take for granted. The medical procedures and medications we rely on to maintain and improve our health are often seen as safe, reliable and easy to obtain. Yet these advances in medical technology do not come without risks, especially when we take two or more types of drugs. The risk of drugs interacting with one another to cause negative, and potentially deadly, side effects is a very real one, and one that leads to a shockingly high number of deaths and injuries each year.

Prescription Drug Interactions Deadlier Than Car Crashes

About 34,000 people die every year as the result of automobile crashes, while more than 2 million people sustain injuries. Meanwhile, the Food and Drug Administration reports that adverse drug reactions, or ADRs, are responsible for killing nearly three times as many people as those killed in car crashes. The FDA reports that about 100,000 people die from ADRs each year, while another 2 million suffer serious complications.

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What You Need to Know About Medical Malpractice

Each of us should feel lucky that we live in a time and place in which high-quality medical care is readily available. But what happens when you seek medical treatment and something goes wrong? What if you leave the hospital worse off than you were when you came in?

Though it is a relatively uncommon occurrence, medical professionals can hurt you if they fail to perform their duties properly. In such a situation you might be able to recover compensation for your injuries. These types of cases, known as medical malpractice or medical negligence cases, involve some key issues you need to know about.

Medical Malpractice: Treatment, Mistakes, Negligence & Standards of Care

Anytime you visit a doctor or health care provider there are a range of possible outcomes. You might, for example, go to the doctor, be properly diagnosed, receive adequate treatment and come away from the experience as your normal, healthy self. Yet you might also receive treatment and be unhappy with the result, or actually suffer an injury because the doctor did something wrong. So when can you sue for medical malpractice?

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When Your Medication Harms You: Pharmaceutical Drug Liability

Prescription pharmaceutical names like Vioxx, Fen-Phen, and Baycol are primarily famous not because of the good they did, but because of the harm they caused. Pharmaceutical companies release dozens of new prescription medications every year, and every year more people suffer because of drug-related problems. Someone who suffers harm as the result of taking a prescription medication can often recover money for the injuries they’ve endured. Like other product liability cases, pharmaceutical drug cases typically involve a number of common elements.

Prescription Drug Liability: Chain of Distribution

A prescription drug is a complicated product, one that involves participation of numerous people and organizations. When someone is hurt as the result of taking a prescription medication, finding out who was responsible involves looking at a lot of possible suspects.

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The unfortunate reality of childbirth is that not every baby is born strong and healthy. While some infants may be born with birth defects (structural or functional abnormalities that are present at or before delivery), others may actually sustain a physical injury during the birthing process. These children often go on to face a lifetime of disability, and in severe cases, may even die as a result of their injury.

A recent study suggests that birth-related injuries occur in 29 out of every 1,000 births in the United States, although published rates have historically varied widely. Birth injuries can occur for a number of reasons, including factors related to the baby (size or positioning in the womb), the mother (difficulty or prolonged labor; small pelvis), or even the decision-making of the medical staff assisting with the birth (e.g., negligence).

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