Wrong prescription or negligent administration of medication by injection or IV: Wrongful administration or over-administration of a prescription medication, chemotherapy or radiotherapy that causes the patient further morbidity or death; failure to properly administer injections, whether by IV or Intra-muscular injection, causing extravasation, RSD (reflex sympathetic dystrophy) or CRPS (complex regional pain syndrome) and other such types of cases; negligent chiropractic services of Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, and I am really grateful that a couple of doctors answered honestly (whether it's what we want to hear, it was raw honesty). This is one of the most interesting conversations I have read in awhile. Of course, most patients are going to see Matt as the protagonist in this conversation. Doctors face a terrible PR battle, but I think maybe the problem is in your own backyard.not really the patients (who are usually tamable, though I realize sick people are often petulant). The medical malpractice and negligence lawyers at the Law Offices of Dr. Bruce G. Fagel & Associates have exceptional skill and experience in both the legal and medical fields. We are nationally recognized for our success in all types of medical malpractice lawsuits, and are ready to provide you with legal representation in your nursing malpractice claim. We offer a free case evaluation to discuss your malpractice claim. To speak with one of our professional medical malpractice attorneys, call our office at (800) 541-9376. 2. Less teaching. The value of a teaching hospital is obfuscated in the hospital administrators' efforts to lower bottom line costs. Historically, teaching hospitals have used more resources per patient. Working hour restrictions and economics create fertile ground for hospitalists to replace medical students in large teaching hospitals. (Query: but then are the facilities really still teaching hospitals?) in this diversity action alleging legal malpractice against now-disbarred attorney lawer inn. We kidnaped malpractice lawyer hutzpah, empurpled, and tomorrow ? Researching points of law and other factual issues, through the use of legal databases, textbooks and other appropriate sources. Lawbamba Attorneys directory consists of a comprehensive list of top rated attorneys right in your Street or neighborhood. Browse more than a million listings, covering everything from Asbestos mesothelioma litigation to criminal defense to personal injury to estate planning. That the attorney acted deficiently; Dental Malpractice Attorneys Pueblo CO.
The Feres Doctrine does not bar inactive military personnel from bringing a medical malpractice lawsuit. This is often the case for medical malpractice lawsuits occurring in many military hospitals. Ohio Medical Malpractice Disclaimer: The medical malpractice, hospital negligence, wrong diagnosis, medical mistake, personal injury and/or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a medical malpractice lawyer for advice on your rights. An autopsy showed that 46-year-old Lancer Windrum died of complications from a buildup of spinal fluid in the brain. Evidence showed that emergency room doctors properly diagnosed Mr. Windrum's condition, which is typically treated with an implanted drainage tube. However, Dr. Victor Kareh at North Cypress Medical Center rejected that diagnosis and failed to provide this standard, lifesaving treatment. When a doctor or nurse makes a mistake, the patient pays the price. Our legal team is committed to helping victims of medical negligence and hospital errors recover full and fair compensation. Let us help and serve you with our reputation and results In January 2008, Liyanage visited the emergency room at Richmond University Hospital with symptoms of a fever, cough, chest pain, and nasal congestion. The hospital took an X ray of his chest with revealed the presence of a metallic object in Liyanage's left lower lung. Upon further tests, the object appeared to be a medical device. Patients can sustain injuries or infections to their teeth, gums or jaw bone resulting from faulty root canals, crowns and bridge prostheses. They can also sustain serious injuries from unlicensed dentists who are operating their business illegally. Philadelphia Hospital Malpractice News, April 2016 - Million Dollar Verdicts (May 17, 2016) Juries in Philadelphia and Delaware counties have found in favor of patients in 2 medical malpractice cases involving the Hospital of the University of Pennsylvania and Crozer Keystone. Get the latest medical malpractice lawsuit news here. Dental Implants Function Much Like Natural Teeth Doctors are held to national standards and are regulated by the state to ensure that all health care providers practice with the utmost care and within their scope of expertise. offers lawyers case evaluation and expert witness services to help obtain compensation for their clients. Capital Reed Backcountry Outfitters sued by estate of parents killed on family hike.
A medical treatment that is unsuccessful does not necessarily mean it will be considered malpractice. However, malpractice does include mistakes such as misdiagnosis of an illness, failing to follow routine medical test protocols or procedures, and/or prescribing a drug that is not appropriate for the patient's medical condition. If you believe your dentist committed malpractice, you should immediately consult with a Cleveland lawyer who handles dental malpractice cases. The lawyer can evaluate the circumstances of the dental care in question and determine if you are legally entitled to compensation. Seeking legal advice is the best way to protect your legal rights. The injuries that can result from medical malpractice are often worse than the underlying illness or condition that initially led the patient to seek medical assistance, and can involve permanently disabling, catastrophic and, sometimes, fatal conditions. As a result, if you are victimized by medical malpractice, you may be entitled to substantial money damages, even in cases involving what may appear to involve only minor injuries. You can recover any additional medical expenses you have had to cover as a result of the malpractice, such as doctor and hospital bills, medications, therapy, home health care and all other related medical expenses, as well as any future medical expenses you reasonably expect to incur. You can also recover for the physical pain and suffering you have sustained, your out of pocket expenses, your mental and emotional anguish, your lost wages, benefits and other compensation, any loss of your future earning capacity, and the future diminishment of your enjoyment of life. Additionally, in some cases, if your spouse or child has been injured as a result of medical malpractice, you may be entitled to collect damages for the loss of pleasure or companionship you have experienced as a result of their injuries. And in certain extreme cases, where the wrongdoer's conduct is extreme and outrageous, you may be entitled to collect punitive damages to punish the wrongdoer and to prevent the misconduct from being repeated in the future. Dental Malpractice Lawyer Serving Princeton, NJ January 21, 2011, Defense Verdict accidentally or intentionally turning off the alarm on the pulse oximeter, which measures the oxygen level in the patient's blood Jeff Milman: Yes, let's assume you've got a case, whether it be one arbitrator or a party - where there's two party arbitrators and then a neutral. When the case first starts, everybody's going to start doing discovery. So, there's usually a scheduling conference that occurs early on where the dates will be set. For example, by such-and-such a date the parties will have agreed to at least discuss settlement. By such-and-such a date, the parties will have designated their experts. By such-and-such a date, we are going to have the arbitration. So, everybody has their calendars on this conference call. C. The medical review panel shall consist of three health care providers who hold unlimited licenses to practice their profession in Louisiana and one attorney. The parties may agree on the attorney member of the medical review panel. If no attorney for or representative of any health care provider named in the complaint has made an appearance in the proceedings or made written contact with the attorney for the plaintiff within forty-five days of the date of receipt of the notification to the health care provider and the insurer that the required filing fee has been received by the patient's compensation board as required by R.S. 40:1299.47(A)(1)(c), the attorney for the plaintiff may appoint the attorney member of the medical review panel for the purpose of convening the panel. Such notice to the health care provider and the insurer shall be sent by registered or certified mail, return receipt requested. If no agreement can be reached, then the attorney member of the medical review panel shall be selected in the following manner: This quotation presents a stark and pessimistic view of the current medical malpractice system, as well as malpractice lawyers, and should set off alarm bells in the ears of any medical malpractice lawyer in Canada, as talk of tort reform with respect to medical malpractice litigation inevitably leads to a dialogue about no-fault based compensation schemes for avoidable medical injuries. (3) Such a scheme would result in a great reduction of possible files (and therefore income) for some of these lawyers. Indeed, this is not a pleasant prospect for lawyers who practice in this area. The situations described above, however, suggest that there may be other non-economic and unselfish reasons for maintaining the current tort-based medical malpractice system. Thus the question arises: are there non-economic and non-efficiency based concerns that ought to be addressed when discussing the reformation of the current medical malpractice system? Medical mistakes can forever alter your life or that of a loved one. While your focus may be on getting well or helping a loved one recover, protecting your legal rights and those of the ones you love should be in the forefront of your mind. Pueblo
Dental Malpractice Lawyer Saginaw MI Breach of duty - you must prove that the treating clinician did something or failed to do something which no other reasonably competent practitioner would have done or failed to do. This is also referred to as liability. When her NHS dentist suggested the veneers needed replacing, she was thrilled. I was over the moon. I have a deep complex about my teeth and all my life I have been covering my mouth when I smiled. It is very difficult. In Greene v. Memorial Hosp., 304 N.J. Super. 416 (App. Div. 1997), the Appellate Division was ordered by the Supreme Court on remand to reconsider its decision in light of Gardner v. Pawliw, 150 N.J. 359 (1997). In Greene, plaintiff's expert testified that defendant deviated from accepted standards by failing to examine deceased after being apprised that the patient's vital signs had changed and that her respiratory rate had increased. The expert testified that decedent should have been placed on a heart monitor and oxygen administered. The trial court dismissed plaintiff's case because it found that there was an absence of medical evidence presented for the jury to reasonably find that defendant's negligence increased the risk of harm caused by decedent's preexisting condition or that such increased risk constituted a substantial factor in producing the ultimate harm. Greene, 304 N.J. Super. at 417-418. The Appellate Division affirmed, Greene v. Memorial Hosp. of Burlington County, 299 N.J. Super. 372 (App. Div. 1997), and subsequently the Supreme Court rendered its decision in Gardner, supra. The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term foreign object shall not include a chemical compound, fixation device, or prosthetic aid or device. Are you concerned about Dental Malpractice? Don't worry. You can easily find lawyers in Illinois who concentrate on Dental Malpractice. You can consult these knowledgeable Dental Malpractice Lawyers to explore and analyze all of the options and make sensible decisions. With our comprehensive listing of lawyers in Illinois, you won't have any problems in finding lawyers near your location. What are you waiting for? Search for Dental Malpractice Lawyers in Illinois who can help you in solving your legal problems. Morristown NJ Civil Trial Lawyer Alan Baldwin has been licensed to practice law since 1982. His focus... ( more ) Subscribe to Jooble Job Alert and receive notifications as soon as new job openings appear. Internet - About Philippines - Pinoy forum and online news directory. Providing help to Filipinos here and abroad about Philippines.Internet - About Philippines Pinoy forum and online news directory. Providing help... If you or a family member were seriously harmed by a doctor's mistake or by the negligence of a hospital or other health care provider, please contact our law firm to arrange a free initial consultation. From offices in Bridgeport, Danbury and New Haven, Connecticut, our medical malpractice attorneys represent clients throughout the state.
Monday - Friday 8:00 am - 5:00 pm Saturday -Sunday - Closed Michigan requires that an expert in a medical malpractice action be licensed as a health professional within the United States. If the party for or against whom the proposed expert's testimony is to be offered is a specialist, the expert must share the same specialty at the time of the occurrence; if that party is a board-certified specialist, the proposed expert must be board certified in the same speciality. Await outcome. Once the jury makes its decision, the verdict will be announced in court. The jury will also announce the amount of damages that it awarded, if any. 16 When Florida attorneys breach these standards of conduct, the experienced Jacksonville professional misconduct attorneys at the law firm of St. Denis & Davey will fight to achieve full and fair compensation. Dry socket pain typically lasts for five to six days and is treated using over-the-counter pain relievers, according to WebMD. Typically appearing a couple days after having a tooth removed, a dry socket means that the blood clot formed in the hole where the removed tooth had been becomes dislodged. This leaves the sensitive nerves and bone inside the tooth exposed to food, fluids and air entering the mouth. Pueblo CO Signed by governor 9/6/12, Law 182 At Robert S. Windholz, LLC, we have the experience and tenacity to fight insurance companies. We determine the best strategy for your case and are not intimidated by insurance companies. Select a city to narrow down your search for a Super Lawyers rated medical malpractice attorney in New York Toll Free: (888) 367-2900 Local: (617) 367-2900 Fax: (617) 722-9999 Browse for a Medical Malpractice Lawyer by Location 7. In general, a party who has caused an injury or loss to another in consequence of his negligence, is responsible for all the consequence. Hob. 134; 3 Wils. 126; 1 Chit. TI. 129, 130; 2 Hen. & Munf. 423; 1 Str. 596; 3 East, R. 596. An example of this kind may be found in the case of a person who drives his carriage during a dark night on the wrong side of the road, by which he commits an injury to another. 3 East, R. 593; 1 Campb. R. 497; 2 Cam b. 466; 2 New Rep. 119. Vide Gale and Whatley on Easements, Index, h.t.; 6 T. R. 659; 1 East, R. 106; 4 B. & A; 590; S. C. 6 E. C. L. R. 628; 1 Taunt. 568; 2 Stark. R. 272; 2 Bing. R. 170; 5 Esp. R. 35, 263; 5 B. & C. 550. Whether the incautious conduct of the plaintiff will excuse the negligence of the defendant, see 1 Q. B. 29; 4 P. & D. 642; 3 M. Lyr. & Sc. 9; Fault. What about claims against federally supported clinics and free clinics? Recently i went to do a filling with my Dentist, they injected me and told me go wait and they will call me. 30minutes late they had forgot about me and i ask them, they took me to their room now instead of filling my front tooth they took it out by the time i relized what he has done he went to check the book to see what i was there for, he putted my tooth back after his assistance had made fun of me. i was in pain and he gave me a prescription for pain and anti biotics tablets and told me to come see him every a week for six week. In that regard I thought I saw that you had three centers The Muncy's have filed the lawsuit in hopes of receiving a variety of damages. The couple is looking for damages and legal fees for pain and suffering, loss of income, and loss of enjoyment of life for Mr. Muncy, and loss of care, compassion and consortium for his wife, Wanda. Medical malpractice attorneys say that the couple accuses Dr. Stillerman of failing to properly assess, treat, and provide follow-up care for cellulitis and an abscess of the big toe. Furthermore, the couple's medical malpractice attorneys claim that the remaining defendants failed to provide the necessary medical care, inform Kevin Muncy of the dangers associated with surgery, follow specific protocols that relate to diabetic patients, or obtain an opinion from a physician who was board certified in surgery. Medical malpractice attorneys believe that these acts of medical negligence, if proven in a court of law, could have led to the severe and permanent injuries that Mr. Muncy still lives with today. Con Those in favor of the current joint and several liability rules argue that it ensures that aggrieved patients will be compensated for malpractice damages from all available sources, independent of a provider's proportionate share of the fault. 58 , 59 Wake up, room two is ready, Guernsey heard her say. The number of physicians in Texas has indeed increased since the 2003 medical malpractice measure passed. A 2007 New York Times article says there was an influx of doctors that raised the state's abysmally low ranking in physicians per capita. But the American Association for Justice notes that the number of doctors was on the rise before 2003, both in Texas and nationally. The number of physicians practicing in Texas did increase following the enactment of the cap, but the rate of the increase is the same as the rate of increase prior to the cap, says AAJ's Michelle Widmann. In fact, the number of practicing physicians in Texas has been steadily increasing for years. AAJ's chart of data from the American Medical Association: The Louisiana health care providers on the medical review panel shall express their expert opinion as to whether or not the evidence supports the conclusion that their fellow Louisiana health care provider(s) breached the standard of care, or whether there is an issue of fact that must first be considered by the court. If the evidence supports the conclusion that the health care provider(s) breached the standard of care, the medical review panel must determine whether the breach caused any damages. How will my treatment and care needs be assessed?
Free Consultation About Your Hospital Malpractice Case Warranties and Indemnities - when acting for a buyer we would negotiate warranties and indemnities which protect the buyer in relation to services provided to patients during the seller's period of ownership. The medicolegal issue of consent should surely be based on salient clinical matters. Negligence and Malpractice in Hospitals If you have suffered complications related to orthopaedic treatment, then you may be able to make a claim for medical negligence. In this situation, it's recommended that you contact XX (Australia's leading medical negligence lawyers) to obtain a free assessment of your medical negligence claim. Need an attorney in San Jose, California? 0.68 miles 900 Jackson Street, Suite 730, Dallas, TX 75202-4404 If the public perception of doctors is ever going to change it's going to take doctors being a bit less defensive and not using a gang-type of mentality of covering each other's mistakes. The patients suffer from stigmas, and they know it, and we don't like falsified lawsuits whether it be lying patients or doctors. I am flustered that both sides are worried about money, while the patients seem to take on the stereotype as the wrongdoers. Both sides have issues and only blatant honesty will cure this ill. Pharmacies and pharmacists owe patients a duty of care. When that duty is breached and that breach causes harm to the patient, a pharmacy is liable for damages, meaning the pharmacy and pharmacist have to compensate the patient and/or the patient's family for the resulting injuries or death. Read about pharmacist malpractice Despite the numerous policies, regulations and laws aimed at promoting and ensuring ethical practice in healthcare, ethical misconduct remains rampant. Perhaps something more is needed to encourage a genuine and sustained moral attitude and behaviour. To a casual reader, the regulations on ethics read merely as a list of do's and don'ts and their philosophical foundation is not clear. In actuality, morality is often grounded in philosophy. Traditionally, religious and theistic philosophies drove moral behaviour. However, this is changing due to the current trend of secularism. Hindu philosophies are among the oldest philosophies that are still thriving, and this article explores these philosophies and compares and contrasts them with some of the contemporary ethical theories to assess if they can add value to the field of medical ethics. The main theme of the article is dharma or righteous conduct, the concepts related to it and how these can have a bearing on the development of an ethical attitude and the practice of medical ethics. PMID:24152344 Hitler took the children from their parents too. Government has no right other than what they gave themselves. This is a law or privilege that the people did not get to vote on! This incident will likely cost that town a million or so by the time the parents finish suing them. And the hospital? They will also lose. Both money and staff. Other doctors said the child was OK. And the staff member at the hospital causing the trouble, was asked why the meds were being given and had no idea. That staff member had an obligation to find out why. I hope these parents take that hospital for several million. And I hope they sue the police as well. And the judge that wrote the court order. In short. I hope the nanny state gets what it deserves. All of them! Hernias may be treated with medication, which is usually the first option. Drugs are available that prevent acid reflux so that the hernia is allowed to heal. When medications are unsuccessful, surgery may be necessary. It is important to note that surgery is not always the recommended treatment, and is only done in a small number of hernia cases. Glendale, AZ Medical Malpractice Injury Cases. What should you do if you live in Glendale and believe you or a family member have been injured because of someone else's negligence? During the course of the Bingham suit, Bergthold and several other SWB employees were deposed. Mr. Bergthold spoke to a Winstead attorney a couple of times before the deposition, but Bergthold continued to cooperate with Bingham, even having private conferences with Bingham's lawyer during breaks in the depo. When Bergthold was asked during his depo about his meetings with Bingham's lawyer, Bingham's lawyer objected based on attorney-client privilege. Dental negligence can also occur when a dentist fails to act in an appropriate way which leads to similar distress. If you experience any form of suffering due to the actions or inactions of a dental professional, you may be able to bring forward a claim of dental negligence. What about that big esthetic reconstruction case on a perfectly healthy dentition? I don't care if you meet the standard of care or not, Horwitz emphasizes. Maybe you make the best crowns in the world. Maybe there is no question about your abilities. Maybe nobody's ever going to complain. But if what you're doingno matter how great it isis not in the best interest of the patient, then you're not being ethical. Patients may come in and demand it, saying, 'Here's $12,000. I want a make-over.' Yes, you have a quandary there. But the point is also that you sometimes have to be willing to look at the back of the patient's head as they walk out the door, after you've told them, 'You know what? I don't believe that this is the right course of treatment for you. If this is what you really want, if you really want me to destroy good, healthy dentition because you want to look better without putting in the time to do it the right way, please find somebody else to do this for you. It's not going to be me.' Exelente servicio honestos y muy eficases gracias por sus servicio estoy muy contento con los resultados. The Florida Attorney General's Office has launched a criminal Medicaid fraud investigation and is looking into claims that stretch back for decades. Negligence is a failure to use reasonable care that results in harm to another party. Under negligence law, there are two different forms of negligence. In one form, a person does something that a reasonable person would not do. In the other form a person fails to take action that a reasonable person would take to prevent harm. Both forms of negligence can result in a negligence lawsuit filed against the party responsible for the damage. a $700,000 jury verdict in another medical negligence case; and
If you suspect possible dental malpractice occurred, it is best to seek the advice of an experienced dental malpractice attorney. This article not legal advice. Any resemblance to actual cases and/or vessels is purely by accident. This 905(b) analysis is simplistic in order to achieve clarity. Each Longshore Act vessel owner negligence case case is different and has separate difficulties and/or challenges. If you believe that you have been the victim of medical malpractice, call the Northern Kentucky medical malpractice lawyers at 'Connor, Acciani & Levy Co., LPA to discuss your legal rights. paragraph508:4-e. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court. All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court. I was embarrased to say that it had been over 10 years since I had been to the dentist. Having several degrees, I was smart enough to know that good dental health was important, but I allowed life to get in the way. I was so busy working and taking care of my family, along with a recently acquired fear of the dentist, that I neglected to make appointments for myself. From the minute that I entered Dr. Terhune's office, I was pleasantly put at ease. The receptionist diligently worked with my schedule so that each appointment was convenient to me. Dr. Terhune's staff is so kind and reassuring that I felt as if I was amongst friends. I was most impressed with Dr. Terhune's knowledge of dentistry, and his compassionate manner. He didn't hop between rooms, but instead, gave me his utmost attention when it was my appointment. He was fun, thorough, kept me informed of each procedure, and I LOVE his use of technology to ensure my best care. ALL of my fear about going to the dentists has subsided and I feel as if I have a new set of friends each time that I make a visit to their office. I can't believe that I'm saying this, but I love going to the dentist now! Lawyer Companies Pueblo 81069 An ACO is a network of doctors and hospitals that shares responsibility for providing care to patients. In the new law, an ACO would agree to manage all of the health care needs of a minimum of 5,000 Medicare beneficiaries for at least three years. It is unknown exactly what information is shared. Bendall and Mednick - Atlanta Lawyer & Atlanta Attorney, Personal Injury, Auto Accident, Financial losses caused by a professional person Throughout most people's lives we will need to instruct a professional person to undertake a particular task. If that professional person makes an error or mistake, it could have serious financial consequences. The professional person or company may have provided inadequate or incorrect advice resulting in a financial loss, this can be very distressing and you may not have anywhere to turn to seek redress. If you think that you have been let down by a professional, please contact one of our specialist solicitors for a free no obligation assessment of your claim. We are able to provide advice if you have been let down by one of the following professionals:Solicitors Barristers Other Legal professionals Engineers Architects SurveyorsAccountant's Financial advisors including banks Insurance brokers Doctors and other medical professionals Dentists Builders/contractors Areas of Expertise: Dr. Bansal is a U.S.-trained, board-certified, actively practicing internist & hospitalist based in south Florida. He has been a hospitalist since 2007 including 18 months as Assistant Professor of Clinical Medicine for the University of Miami. He has... Dental Malpractice Law Firms in Lansing, MI (8)
In addition to having some of the most experienced Chicago malpractice attorneys you can find, our team has access to doctors, surgeons and other medical professionals from across the country that can determine whether negligence is to blame for your injuries. In 2016 Michael published a legal textbook entitled A Practitioner's Guide to Medical Negligence Litigation which has been widely acclaimed. In April he concluded a trial for a child who suffered severe neurological and physical injuries as a consequence of delay in treating meningitis resulting in a record award of interim damages for a 3 year care package of 6.7 million euro. He has also achieved final settlement of lump sum damages for an eleven year old child with cerebral palsy of 11.4 million euro (with a likely further uplift of additional damages of at least 4m more to follow). In May he brought to trial and achieved a further award for a 16 year girl with CP an award of 7m. He continues his work for injured patients on a myriad of other serious medical negligence cases and continues to manage his specialist team of dedicated lawyers. A dental malpractice insurance agent or broker customarily represents several dental malpractice insurance companies in Florida. He or she knows them well. He goes to their meetings. He talks with their underwriters probably on a daily basis. He works that relationship to negotiate coverage and price for you. And, if you have a problem, your agent can be your advocate with the company. You were harmed because of the doctor's actions There are four different types of dental malpractice that often result in lawsuits. The first is dental malpractice that is the result of an error in treatment. Common errors in treatment may happen when a dentist does a procedure that his or her patient is not healthy enough for. Another frequent cause for dental malpractice is when dentists do not use the proper techniques during a procedure. Dental malpractice from not using the proper techniques may occur with dentists who were not trained properly. The third type of dental malpractice that may result in a lawsuit is when a dentist fails to check on a patient after treatment. The standard of care generally requires dentists to follow up with their patients after procedures, especially surgical procedures. The final type of dental malpractice occurs when a dentist fails to refer a patient to a specialist, when it's necessary. A good deal of pain and damage can occur when a patient does not get a procedure that they need. It may be considered dental malpractice if a dentist notices that a patient needs to see a specialist and does not refer them to one; this could be for anything from the patient needing his or her wisdom teeth out to the dentist believing the patient might have mouth cancer. Maloof argues that, if CSB is found liable to QBE, then the court will necessarily have found that CSB was actively at fault. As such, Maloof contends, CSB may not avail itself of common-law indemnification. In opposition, CSB argues two points: that the QBE/Maloof settlement does not extinguish its indemnification claim against Maloof and that Maloof's application to dismiss that claim is premature. Maloof acknowledges that the indemnification claim against it is not extinguished by operation of General Obligations Law paragraph 15-108 (b). And, as to the ripeness, CSB argues that Maloof's application is premature because the court has not yet determined whether CSB is liable to QBE. CSB contends that if it is found liable, such liability would be triggered vicariously through the actions of Maloof and the other parties, rather than through its own fault. CSB is correct that the motion is premature if there is a possibility that CSB will be held liable solely for the fault of Maloof. However, for the reasons set forth below, this application is not premature, as there is no danger that Maloof will be unjustly enriched and no possibility that CSB will be entitled to common-law indemnification. DID YOU KNOW: Claims for medical negligence must be made within three years of the negligence becoming apparent. Well, if these law suits are actually paid out by the VA, one would think this also sets some form of 'legal precedent' and perhaps that's where they VA will finally see they need to 'step their game of proficiency up' in order to only save their bonus $$ from going to pay outs from lawsuitsthat's what a narcissistic organization does like the VAand by 'stepping up their game' the VA will just try to curtail services or something in the completely stepping backwards kind of way. A circular issued by the NHS Litigation Authority notes that We encourage the use of apologies, and stress that apologies do not constitute an admission of liability. In addition, it is not our policy to dispute any payment, under any scheme, solely on the grounds of such an apology.... The NHSLA is keen to encourage both clinicians and NHS bodies to supply appropriate information whether informally, formally or through mediation.... We consider that the provision of such information constitutes good clinical and managerial practice.... This is intended to encourage scheme members and their employees to offer the earlier, more informal, apologies and explanations so desired by patients and their families. NHS Litigation Authority, Apologies and Explanations (May 1, 2009), -0621-4A23-B885-FA18326FF745/0/ (external link) Back to Text A Staph Infection Does Not Always Equal Medical Negligence