Basics of Medical Malpractice Law

Medical malpractice attorney Robert David joins the Louisiana law talk show “John Redmann: Power of Attorney,” to help John Redmann and Shauna Sanford go over the need-to-know basics of medical malpractice or medical negligence. Watch whole episodes and get more helpful law info at JRPOA.com.
Video Rating: / 5

Attorney Joe Taraska explains the complexities behind medical malpractice cases and how our attorneys can help.

29 thoughts on “Basics of Medical Malpractice Law”

  1. can you sue your hospital for not being prepared for covid-19? Example not enough hospital bed etc. They had more than enough time to expand and make more rooms or builds in case of present / and future pandemics for sick People

  2. Yeah corruption is based on corruption those that know of hell have probably been there! God needs lambs?

  3. THIS POST HAS 0 COMMENTS

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    I have been subjected to Medical Negilence, Medical Malpractice, Denial of Medical Care, & inadequate medical history, by Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center of Howard. 2013 – was the first time I seem my Physician of Bellin Health Howard. Since requesting to have a primary physician at Bellin Health Howard, I have been subjected to all sorts of negative cruel and unusual punishment tactics, through the aid of their “Medtronic Medical Implant Device” – Heart Monitoring Implant Device that was supposed to be Used to monitor my heart murmur condition. Instead the “Medtronic Medical Implant Device, was used for negative malice reasons. The Medtronic Medical Implant Device, was instead used as a torture tool. Unexplained electric shocks, throughout my whole entire body. These Medical Negilence incidents, began in May 31st of 2016, that was the very first day I had the “Medtronic Medical Implant Device, surgically implanted at Bellin Health Hospital on Webster Avenue Green Bay Wisconsin.

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Filed a Civil Suit Claims, Against Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center Howard. 19-CV-1905 with The US Eastern District Court House of Green Bay Wisconsin on Dec 31st, 2019. William C Griesbach
    Also look up, Smith V. Health Service Unit of Brown County Jail Administration, 2006 William C Griesbach

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Medtronic heart monitoring Implant Device, allows Medical personnel, law enforcement, musicians, construction workers, and many other individuals to manually connect to mechtronics medical implant devices, that have been surgically implanted in an individual’s body. To be used as a torture tool, receiving high pitch ultrasound signals, that can simulate shocking piercing throbbing Sharp pains, throughout patient’s entire body from head to toe. Medtronic’s heart monitor implant device, also allow the above-mentioned to control body functions of patiences, without patience consent. I Fadrian Andrew Smith, can personally testify to this, because I have been a victim of this medtronic’s medical implant device medical negligence medical malpractice, since May 31st 2016.

  4. Have many patients looking for assistance around medical malpractice and hospital negligence. Involves 5 billion annually in the US alone. Dr. Bennet Omalu famous for findings in the NFL of CTE is now on record stating similar outcomes anticipated in this population seeking assistance. Current national product liability suit taking place associated with this and CA courts have proved brain injury outcomes. https://youtu.be/369_F0ZbeZc

  5. Law students. The issue is electroshock/ECT. Performed at leading facilities. Please write your papers and have discussions around this issue. We have a product liability suit in place, but feel medical malpractice is possible, and other types of suits. This is fraud at best. 
    Electroshock has never had any FDA testing of device or procedure. It was classed as experimental up to a year ago, but dropped to class two still without testing and with an active lawsuit proving brain injuries. They did this so more insurers would pay on this. Cardiac defibrillator still remains class 3 with testing in place. This is discrimination as this population protected under the ADA.

    This is trauma. If this happened in a home or work setting verses at the hands of culpable providers, all trauma personnel receiving would
    anticipate TBI at best. They would anticipate multi-system involvement such as cardiac and respiratory. We are talking up to 450 volts and greater. A layman giving thought would know of harm. All trauma is based on MECHANISM. You have a known mechanism i.e. electrical and you then have a KNOWN and ANTICIPATED outcome in ALL populations, to include the psychiatric
    population. This cannot be refuted.    I realize that perceived standards are being met around the use of electroshock,  making it difficult to bring medical malpractice claims at present.  However, I believe that there are actually no standards of care over all as noted in  the article submitted to Mad in America and referenced below. Given the mechanism of trauma one anticipates damages already based on this known mechanism.

    Duty is certainly being breached given their full knowledge of damages and lack of FDA testing. Standards they are using protect them, but not  patients at present. When standards were created for ECT and reviewed and updated, providers being trained also in neurology and common sense of life realize the outcomes of this. They therefore had a duty to warn and protect while drafting the standards knowing extent of harm both short and long term electrical trauma. I trust an attorney will figure a way to bring medical malpractice claims in this issue.  

    Standards of care are also not being met around informed consent as it pertains to this issue. Around consent some do it in a series format given the outcomes of TBI and understandable inability to give consent each and every time, but some facilities do consent each and every time with a series taking place. I have heard of patients consented in series for ECT yet anesthesia consents are separate and not in series format. I have heard of standard surgical consents being used with short term memory loss for adverse events listed. I have heard of anesthesia consents being done verbally.  Consent is fallible and the material risk of brain injuries is missing for starters. Providers own research shows actual structural brain changes that result from this. We as patients are told that we will have temporary memory loss expected to resolve in 6 weeks along with the typical anesthesia risks. I garnered hundreds of patient outcomes they live with after consenting to this, and many lives have been devastated as a result. Many end up on permanent disability as a direct result of these damages. We now have a leading TBI specialist in notes stating damages to a patient's cerebellum, brain stem, and frontal lobes as a direct result of ECT.  We are showing damages on testing.  

    I realize that psychiatric medical malpractice pays out far less than straight medical malpractice, but this involves a medical procedure and general anesthesia. As you may be aware that psychiatrists are often double boarded in neurology, and believe that given these two points it would fall into standard medical malpractice in anticipated payouts. This is also being done on professionals that could potentially lead in these new cases to set a precedent for those you feel more risky. One other point, is that given electrical trauma can evolve and extend years out, one has to consider the extension of time frames to file around these types of injuries  Please see the blogs on the DK law group site for updated information on product liability suit. I have made you tube videos under my name as well that may assist you. We need attorneys please to intervene and assist us with reparations and recognition of harm so we may have help.

     This link shows that psychiatry in the latest DSM5 submission was considering adding this diagnosis of post electrical injury and then decided against it as they would be implicating themselves around their use of electroshock. 

     https://europepmc.org/article/med/29089977

     One of the videos by me on ECT:  https://youtu.be/_6jxhMEbFIA 

    Video by psychiatrist and expert Dr. Peter Breggin on ECT: https://youtu.be/QOtacCftvcs 

    Below are standards written by a peer with degree in rehabilitation studies. It is a petition being viewed by many around ECT.

     The petition "Standardize, Regulate & Audit Shock Treatments (Electroconvulsive therapy or ECT)" now has 3,528 signatures. ? 

    Link: http://chng.it/XkGQnrBj  Article on regulatory issues:https://www.madinamerica.com/2020/05/ect-regulatory-misconduct-filed-fda/

  6. Visalia Police Department hired a sexual assault response team from Fresno to come down to utilize their building at Kaweah Delta urgent care to conduct an examination of my vaginal area and this woman raped and tortured me she used so much force that I had told her to stop she looked me straight in the face bought her and her partner from Family Services was sitting there chopping it up I'm professionally and this woman looked at me in the face and said I'm almost done and she started scraping me harder and faster and I threw up on me and then I passed out on the table I don't know how long he's out but when I woke up I had blood it's in my legs I stood up off that table and blood between my legs on the floor I said I was sorry and I wiped it up and I put it in the trash can and I stepped to some more paper towels into my legs and then I walked out and I told the officer what happened to me she didn't care that I had just been sexually assaulted she said you weren't sexually assaulted me for not like that I wasn't. This woman got away with raping and torturing me. Linda Khamsone literally scraped the holy hell out of me and her friend/partner from Family Services Christina Ramos didn't tell on her. She saw my facial expressions of fear and pain on my face and she didn't stop her. She let her get away with it. Christina Ramos would call me once a week for a month asking me if I was still alive and i would tell her yeah and then she would tell me i don't qualify for their services.

  7. I took my gf that was 39 weeks pregnant to the hospital for a really bad toothach with swollen face. I didnt know what to give her since she was pregnant, i couldnt see her in that pain so i took her to the E.R we told the doctor she was pregnant they did an autrasound the doctor told my gf she was ok aswell as our son. So they told her to go back to the bed they assighned her. My gf was steal complaining for the tooth ache when a nurse came and gave her a norco pill. After that they dismiss her. One week after is 40 weeks i took her to another hospital cause she had contractions but not so hard. Well we went to the hospital for the doctor tell us our baby dead so the doctor act us what happen we explain to her about the toothache she told us its harmfull for baby the time frame from my son death and the time thet gave her the pill maches i need help do i have a case

  8. 16 years ago an operation was not sewed up fully. My navel started turning black and because of pain and other things further investigation discovered the sinus suture and a cyst. This is 16 years later. I have had many medical issues that seem to have been misdiagnosed and I have been sick for the full 16 years being in and out of medical care. So does the current issue make the case current?

  9. At the Advanced diagnostic surgical center 1668 s Garfield ave Alhambra california 91801 they are purposely inserting a foreign device into their patients without their knowledge or consent. (626) 308 9000

  10. I find it So Humorous all these attorneys Talking about Rights and its such Bullshit. I just pulled it up. a man in Alabama Gets foot stuck in a whole on a Pallet picking up a watermelon at a Walmart store. He gets 7.5 Million Dollars. I have nurses notes Times dates Documentation I have Neurologist Reports. She tested my Arm and Hand after I had two IV Infiltrations. My Thumb goes Numb all the time. i Have Nerve Damage. Her report." Tested 10 muscles 5 came back with abnormal reading" it also goes on to say. "Intermittent Signal Interference" When asked is that why my thumb goes Numb all the time? Answer Yes. Any attorneys want to go after Satilla Hospital Waycross Ga.?

  11. Mr.David’s forecast of suites per state assumes every state in the USA has an equal population. Which couldn’t be farther from the truth. Hope he has better logic when litigating.

  12. My son has been harmed due to a medical professional’s error in the hospital. Can you please recommend an experienced medical malpractice attorney to fight for us?

  13. My son is a 10-year-old boy. He underwent unfortunate medical experience and suffered physical and mental damages due to two consecutive misdiagnosis in Women and Children’s Hospital of Buffalo (abbreviated as “WCHOB”). My son was sent to Emergency Department of WCHOB for four times and also was hospitalized for four times between November 13, 2016 through February 19, 2017. Due to the negligence and malpractice of doctors, my son was misdiagnosed with acute hyperglycemia at the time of his first Emergency Department visit on November 13, 2016, and was misdiagnosed with acute gastroenteritis at the second Emergency Department visit on November 16, 2016. During first two hospitalizations, my son was treated with IV fluids to prevent from dehydration, and was discharged from the hospital though my son was still complaining of abdominal pain. However, the first two times of misdiagnosis and incorrect treatment made my son got worse, and was found to have ruptured appendix with an serious abscess that was found at the third time of my son’s Emergency Department visit of WCHOB on November 27, 2016, so my son had to have a surgery of drainage of abdominal abscess. However, two months after my son was discharged from hospital, on February 12, 2017, my son felt extremely painful in his abdomen again, and was sent to Emergency Department of WCHOB at the fourth time. By CT scan, my son was found to have a bowel obstruction caused by last inflammation. Then next day, my son was given the surgery of open appendectomy and stayed in the hospital for 7days at this time.
    Since my son had suffered great physical and mental damage caused by doctors misdiagnosis and malpractice, I complained to Family Centered Care Coordinator of WCHOB, Ann Maghran on April 21, 2017. Mrs Ann Maghran arranged a meeting for me to discuss my son’s care and treatment with the hospital on May 10, 2017. Because of language and professional barriers, I invited my friend Dr Xiao who works at Mercy Hospital Buffalo to attend the meeting. The representatives from the hospital included Pediatric Surgeon named Carroll Harmon, Pediatrician named Frank, P. Carnevale and Risk Manager named Kathleen Posenjak and Mrs Ann Maghran. In the meeting, the hospital side admitted that doctors had missed symptoms of appendicitis at second time of my son's Emergency Department visit. Finally, we also discussed compensation, and WCHOB said that they would look back the previous cases and evaluate my claim of compensation for about 30days. However after 50 days, they gave me an unjust report, they completely denied the facts of their misdiagnosis, and they refused my claim of compensation. I desire to sue the hospital because my son suffered a lot caused by doctors’ malpractice.

  14. can you sue your hospital for not being prepared for covid-19? Example not enough hospital bed etc. They had more than enough time to expand and make more rooms or builds in case of present / and future pandemics for sick People

  15. What if you had tests run on you? And blood work and the hospital does not tell you what is wrong with you? I had that happen and they told me to take ibuprofen in my after care instructions. There was not any other medications listed for the problems that I have. I had to go to another doctor for help in another state.

  16. THIS POST HAS 0 COMMENTS

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    I have been subjected to Medical Negilence, Medical Malpractice, Denial of Medical Care, & inadequate medical history, by Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center of Howard. 2013 – was the first time I seem my Physician of Bellin Health Howard. Since requesting to have a primary physician at Bellin Health Howard, I have been subjected to all sorts of negative cruel and unusual punishment tactics, through the aid of their “Medtronic Medical Implant Device” – Heart Monitoring Implant Device that was supposed to be Used to monitor my heart murmur condition. Instead the “Medtronic Medical Implant Device, was used for negative malice reasons. The Medtronic Medical Implant Device, was instead used as a torture tool. Unexplained electric shocks, throughout my whole entire body. These Medical Negilence incidents, began in May 31st of 2016, that was the very first day I had the “Medtronic Medical Implant Device, surgically implanted at Bellin Health Hospital on Webster Avenue Green Bay Wisconsin.

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Filed a Civil Suit Claims, Against Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center Howard. 19-CV-1905 with The US Eastern District Court House of Green Bay Wisconsin on Dec 31st, 2019. William C Griesbach
    Also look up, Smith V. Health Service Unit of Brown County Jail Administration, 2006 William C Griesbach

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Medtronic heart monitoring Implant Device, allows Medical personnel, law enforcement, musicians, construction workers, and many other individuals to manually connect to mechtronics medical implant devices, that have been surgically implanted in an individual’s body. To be used as a torture tool, receiving high pitch ultrasound signals, that can simulate shocking piercing throbbing Sharp pains, throughout patient’s entire body from head to toe. Medtronic’s heart monitor implant device, also allow the above-mentioned to control body functions of patiences, without patience consent. I Fadrian Andrew Smith, can personally testify to this, because I have been a victim of this medtronic’s medical implant device medical negligence medical malpractice, since May 31st 2016.

  17. THIS POST HAS 0 COMMENTS

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    I have been subjected to Medical Negilence, Medical Malpractice, Denial of Medical Care, & inadequate medical history, by Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center of Howard. 2013 – was the first time I seem my Physician of Bellin Health Howard. Since requesting to have a primary physician at Bellin Health Howard, I have been subjected to all sorts of negative cruel and unusual punishment tactics, through the aid of their “Medtronic Medical Implant Device” – Heart Monitoring Implant Device that was supposed to be Used to monitor my heart murmur condition. Instead the “Medtronic Medical Implant Device, was used for negative malice reasons. The Medtronic Medical Implant Device, was instead used as a torture tool. Unexplained electric shocks, throughout my whole entire body. These Medical Negilence incidents, began in May 31st of 2016, that was the very first day I had the “Medtronic Medical Implant Device, surgically implanted at Bellin Health Hospital on Webster Avenue Green Bay Wisconsin.

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Filed a Civil Suit Claims, Against Bellin Health Hospital and My Primary Care Physician of Bellin Health Care Center Howard. 19-CV-1905 with The US Eastern District Court House of Green Bay Wisconsin on Dec 31st, 2019. William C Griesbach
    Also look up, Smith V. Health Service Unit of Brown County Jail Administration, 2006 William C Griesbach

    Fadrian Andrew Smith 17 AUG 2020 REPLY

    Your comment is awaiting moderation.

    Medtronic heart monitoring Implant Device, allows Medical personnel, law enforcement, musicians, construction workers, and many other individuals to manually connect to mechtronics medical implant devices, that have been surgically implanted in an individual’s body. To be used as a torture tool, receiving high pitch ultrasound signals, that can simulate shocking piercing throbbing Sharp pains, throughout patient’s entire body from head to toe. Medtronic’s heart monitor implant device, also allow the above-mentioned to control body functions of patiences, without patience consent. I Fadrian Andrew Smith, can personally testify to this, because I have been a victim of this medtronic’s medical implant device medical negligence medical malpractice, since May 31st 2016.

  18. Went to a Dr last year .. My thumbnail was looking bad .. It was darkening and the nail was becoming brittle and flaking off .. So I went to a Dr .. I was diagnosed with a fungal infection . I asked could it be potentially melanoma and told it's not .. I took a blood test that same day and everything came back OK besides my white blood cell count . I was prescribed a medicine to take internally via pill to fight the infection .. At the time I was relieved and took her at her word . For a year . it never seemed like it got better , but never seemed like it got that much worse . It was in limbo. One day I dropped a pair of pants and the hangers hook caught me finger where there was no nail .. It bled and in a short time thereafter ,, Got exponentially worse .. So I contacted a Hand Center ..Was seen by a PA . that upon seeing it immediately went and got a surgeon .. Came in and looked , asked me how long has this been ? I told him a year and a year ago I went to a Dr about this and was diagnosed as a fungal infection . .. He said .. It looks like melanoma .. It was immediately biopsied and sent away that same day .. A few days later I get a call .. Malignant Melanoma .. He told me regardless .. Your thumb has to be amputated and they referred me to an oncologist .. He stated before amputation that upon the first signs of darkening and striping .. That is when it should have been amputated .. I ended up having a duel surgery .. one to amputate and the other by the surgical oncologist to remove sentinel lymph nodes in my arm .. Te results came back as positive for spread .. With that I was sent to a regional oncologist . Identified with Stage III Melanoma and told primarily the route this form of cancer takes is to the brain . In the last week I had a MRI of my brain and a PET scan to gather whether or not it has spread further . I in the midst of waiting for that next ball to drop .. I don't know what to think … I wasn't scheduled with a followup last year .. Perhaps I should have gone back and scheduled .. "Hey take a look at this again and be more insisting " Though I am not a Dr .. this might be melanoma . I trusted the first diagnosis last year .. I was never contacted last year by this Dr for anything . I trusted .. and now I am paying the price for believing .. I kick myself in the butt for not getting a second opinion immediately , I am angry that she didn't even consider that it might of been melanoma . Now I am in the midst of loosing everything . cant work , sick all the time , anxious , The things I felt I did wrong were . Trusting her diagnosis . Not pushing , Not getting another opinion . Now I am paying the price

  19. Ive been diagnosed with degenerative disk disease in late of 2018 my neurologist been trying to get the surgery to repair damage to my spine but I'm getting the run around between the hospital and surgeon I've had three referral for surgery in the last year its starting to take over my life

  20. Id really like to ask you a Q: I feel That By my Doctor suddenly deciding to stop seeing me tho Im on medication that needs to be taken daily, is this ethical,, The doctor discharged me due to saying I was beeing rude^… Thats all I have never broke any rules or given dirty urine or even missed one appointment,, Can you Help

  21. As far as doctors are not able to answer the question: “what is fecal dust, where it comes from, what is its role in dispersing microbes and causing HAI and UTI” shouldn’t they pay compensation for those who catch a HAI or UTI, as no appropriate measures are taken because of their ignorance?

Comments are closed.