Bankruptcy

(Effect of a Physician's Bankruptcy on Medical Malpractice Awards)More...

The Discovery Rule and Medical Malpractice

The Discovery Rule and Medical MalpracticeMore...

Loss of Enjoyment of Life

When a patient is injured by the negligence of a healthcare provider, his or her injuries may not be limited by the aches, pains, or physical deformities caused by the medical malpractice. Many courts now allow these plaintiffs to recover for the loss of enjoyment of life, which often occurs as the result of a permanent injury. What is the scope of damages for the loss of enjoyment of life, or hedonic damages? These awards compensate the injured patient for the loss of his or her former recreational, family, social, or career pursuits as well as the patient's future inability to perform elementary physical and intellectual tasks taken for granted by most people.More...

Physician's Duty of Care

The special relationship between a doctor and his or her patient is one of trust, confidence, and extreme good faith, and it creates a fiduciary duty towards the patient. However, even when an injured patient is able to prove the existence of a duty, he must also show that it was the physician's breach of that duty that was the proximate cause of the patient's injury. The breach of a duty alone is generally not sufficient to sustain a medical malpractice action.More...

Claims Based on Fraud and Deceit

A physician and his patient are in a relationship based on the patient's trust and confidence in the integrity and good faith of the physician. Therefore, in many states a physician is held to a higher standard in his actions towards the patient, and if he or she breaches that standard, the patient may maintain a claim for fraud or deceit. However, claims for fraud or deceit may be subject to the terms of a state's medical malpractice statute.More...