Inadequate care in a Neonatal Intensive Care Unit (NICU) happens when a medical professional's actions—or failure to act—fall below the accepted medical standard of care, directly causing a baby's injury or death. This includes delayed diagnosis of a condition, medication errors, or failure to monitor oxygen levels, which leads to permanent brain damage like hypoxic-ischemic encephalopathy (HIE). Proving that a specific ...

A medical device malfunction becomes a medical malpractice claim when a healthcare provider’s negligence in using, implanting, or monitoring the device causes you harm. This is different from a product liability claim, where the device itself is defective due to a design or manufacturing flaw. The challenge is that these two issues frequently overlap; a provider might misuse a device that also has an underlying defect. Prov...

Yes, a hospital is liable if a fall during inpatient care was caused by the hospital's failure to provide a safe environment or meet the accepted standard of medical care. But not every fall is grounds for a lawsuit; the key is proving the fall was preventable and resulted from negligence. This means showing the hospital staff knew or should have known about a fall risk and failed to take reasonable steps to protect the patie...

A failure to monitor claim arises when a healthcare provider does not track a patient's condition appropriately, leading to preventable harm. This occurs in many settings, from a hospital recovery room to an emergency department. Proving these claims requires showing that the provider’s inattention fell below the accepted standard of care and directly caused the injury. While holding a medical facility accountable is a dema...

Yes, you are able to sue a radiologist for misreading test results if their error fell below the accepted "standard of care" and directly caused you harm. However, a misread scan is not automatically grounds for a lawsuit. The core of a medical malpractice case rests on proving two points. First, that the radiologist’s interpretation was an error that a reasonably competent radiologist in the same field would not have made...