Category: Medical Negligence

When Are Doctors Responsible for an Opioid Overdose?
04 mar
When Are Doctors Responsible for an Opioid Overdose?

It is unlikely that a reasonable physician would deliberately or intentionally play a role in an opioid overdose. Doctors and other healthcare professionals must protect their patients from harm. Many take this responsibility seriously. However, medical negligence is a factor in certain cases. Opioid overdose victims or their family members could be entitled to compensation

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Is an Opioid Overdose Death Due to Medical Malpractice Considered Murder?
04 mar
Is an Opioid Overdose Death Due to Medical Malpractice Considered Murder?

More than 130 Americans die each day from an opioid overdose, according to the National Institute on Drug Abuse. The U.S. Department of Health and Human Services estimates that at least 40 percent of these fatalities are from prescribed opioids, such as OxyContin and Vicodin. In response to these alarming statistics, many states have imposed

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Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?
04 mar
Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?

Doctors in many states must now follow new guidelines when prescribing opioids for pain relief. Florida, Michigan, and Tennessee are among a growing number of states that are tightening standards on prescriptions for oxycodone (OxyContin®), hydrocodone (Vicodin®), and other well-known opioids. New Regulations for Prescribing Opioids The new laws vary from state to state. In

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How Functional Can You Be With An Incomplete Form of Locked-In Syndrome?
26 feb
How Functional Can You Be With An Incomplete Form of Locked-In Syndrome?

You cannot be physically functional with an incomplete form of locked-in syndrome. Most locked-in syndrome patients never regain mobility in their face, speech, or other body movements. However, there have been rare cases where an individual improves if the underlying cause is treated. For example, shrinking a tumor that caused the disorder could increase functionality.Cognitively,

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How Are Cognitive Functions Impaired for Locked-In Syndrome?
21 feb
How Are Cognitive Functions Impaired for Locked-In Syndrome?

Cognitive functions are not always impaired by locked-in syndrome. Many locked-in syndrome patients can have normal cognitive functions such as reasoning and memory. He or she can hear, think, and see but are paralyzed except for limited eye movements. Each case is unique, but for the most part, locked-in syndrome victims keep their cognitive functions.

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Can Someone With Locked-In Syndrome Communicate?
21 feb
Can Someone With Locked-In Syndrome Communicate?

A person with locked-in syndrome can communicate, but it is exceedingly difficult, as they cannot talk or move any part of their body other than their eyes. To convey their thoughts or ideas, they must rely on eye movement patterns, and others must learn to read these patterns and understand them. This process can be

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Are Pulmonary Complications A Concern For Those With Locked-In Syndrome?
21 feb
Are Pulmonary Complications A Concern For Those With Locked-In Syndrome?

Because locked-in syndrome affects all voluntary muscles, including those that control breathing, pulmonary complications may be a concern for patients. Upon developing the condition, many patients must undergo a tracheotomy to have a breathing tube inserted, as they lack the muscle movement even to take a breath on their own. The constant immobilization caused by

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Can You Receive Compensation For A Birth Injury That Affects The Mother?
31 jan
Can You Receive Compensation For A Birth Injury That Affects The Mother?

You can receive compensation for a birth injury that affects the mother. When a doctor’s negligence, wrongful action, or lack of action during childbirth results in injuries to the child and/or mother, it is medical malpractice. As the injured party, and as the parent of the other injured party, you have the right to pursue

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Can You File a Medical Malpractice Lawsuit if a Hospital Visit Makes You Sicker?
30 jan
Can You File a Medical Malpractice Lawsuit if a Hospital Visit Makes You Sicker?

If you went to the hospital for an illness or injury and emerged sicker than when you arrived, you may be able to file a medical malpractice lawsuit and recover damages from a number of parties. The critical question is whether your worsening conditions resulted from a doctor’s or another hospital employee’s negligence. A medical

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Can You File A Medical Malpractice Lawsuit For A HIPAA Violation?
30 jan
Can You File A Medical Malpractice Lawsuit For A HIPAA Violation?

The Health Insurance Portability and Accountability Act (HIPAA) sets rules on how doctors, hospitals, insurance companies, and other healthcare providers must handle your private medical information. When a provider violates HIPAA privacy and security laws by carelessly handling your sensitive information, you might be eligible to pursue legal action against them. A HIPAA claim is

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What’s The Difference Between Locked In Syndrome And A Vegetative State?
22 jan
What’s The Difference Between Locked In Syndrome And A Vegetative State?

The difference between locked-in syndrome and a vegetative state is that a person with locked-in syndrome retains their full mental faculties, whereas a person in a vegetative state does not. However, because locked-in syndrome causes the loss of all physical capabilities and all muscle movement other than the eyes, people can easily mistake it for

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What Part Of The Brain Is Damaged In Locked In Syndrome?
22 jan
What Part Of The Brain Is Damaged In Locked In Syndrome?

Locked-in syndrome affects the pons, an area of the brain stem that helps transmit signals between the brain and spinal cord. The pons plays a significant role in muscle movement. When you a muscle, the signal starts in your brain and passes through the pons to your spinal cord, which relays it to the muscle.

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What Are The Symptoms Of Locked In Syndrome?
22 jan
What Are The Symptoms Of Locked In Syndrome?

The main symptom of locked-in syndrome  is paralysis of every voluntary muscle in one’s body except those controlling eye movement. It is the equivalent of having quadriplegia along with no movement in the facial muscles, diaphragm, or intercostal muscles, making it impossible to swallow or even breathe without assistance. Locked-in syndrome does not, however, affect

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Is Locked In Syndrome Fatal?
22 jan
Is Locked In Syndrome Fatal?

Locked-in syndrome is not immediately fatal on its own. But it generally leads to medical complications that shorten the lives of affected persons. According to a study published in the Orphanet Journal of Rare Diseases (OJRD), even a locked-in syndrome patient who is medically stable has only a 40% chance of living another 20 years,

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How Does It Feel To Be Conscious But Unable To Move?
22 jan
How Does It Feel To Be Conscious But Unable To Move?

When you are conscious but unable to move, you can understand what is going on around you but cannot easily express your thoughts to others. This can create a frustrating situation, mainly when, along with being conscious, you can see and hear clearly. With full cognitive function and the ability to understand conversations, you invariably

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How Common Is Locked-In Syndrome?
11 jan
How Common Is Locked-In Syndrome?

The exact prevalence of locked-in syndrome, called LIS, is not known. However, it is an extremely rare condition. There is less than one case out of every million people, with only a few dozen cases officially diagnosed. Those whose loved one suffers from this devastating syndrome may try to care for their family member at

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What Is Locked-in Syndrome Like?
11 jan
What Is Locked-in Syndrome Like?

A person with locked-in syndrome can see, hear, think clearly, recognize faces, and understand everything that is going on around him or her. But aside from the muscles controlling the eyes, he or she cannot move a single body part, nor can he or she speak or even breathe without assistance. Locked-in syndrome is one

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What Causes Locked-In Syndrome?
11 jan
What Causes Locked-In Syndrome?

Damage to the pons is the usual cause for locked-in syndrome. The pons is a part of the brain stem responsible for relaying nerves between the brain and spinal cord. When the transmission of these nerves gets interrupted or cut off, the brain cannot send the proper signals to the muscles to move or contract.

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How Many People Have Locked-in Syndrome?
11 jan
How Many People Have Locked-in Syndrome?

The exact numbers of cases of locked-in syndrome are difficult to find in medical literature, but many consider it a rare condition. A typical person is likely to live his or her entire life without ever meeting or knowing anyone with locked-in syndrome. But for the small percentage of people who develop it, locked-in syndrome

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Can A Person Recover from Locked-In Syndrome or Is It Reversible?
11 jan
Can A Person Recover from Locked-In Syndrome or Is It Reversible?

The overwhelming majority of patients with locked-in syndrome never make a full recovery. Most never make any improvement, even a small or incremental one. There are cases of patients completely reversing the condition, but they are exceedingly rare and usually happen because the underlying cause is treatable and gets addressed within hours of onset. Somewhat

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When Should You Contact A Birth Injury Lawyer?
27 aug
When Should You Contact A Birth Injury Lawyer?

If you suspect your child suffered a childbirth injury due to medical malpractice, it might be difficult to know when to contact a birth injury lawyer. You should contact an attorney as soon as you realize a birth injury occurred and you think someone else might have been responsible. A birth injury lawyer can help

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Can You Sue The Military For Medical Malpractice?
27 aug
Can You Sue The Military For Medical Malpractice?

If you suffered medical malpractice injuries at the hands of a military doctor or at a VA facility, you may sue the responsible party—with one notable exception. Active duty servicemembers cannot file a lawsuit against the military due to the Feres Doctrine. To find out if you qualify to sue the military for medical malpractice,

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What Are Some of the Common Allegations in Malpractice Cases Involving Surgery?
19 apr
What Are Some of the Common Allegations in Malpractice Cases Involving Surgery?

More medical malpractice claims arise from surgical procedures than from any other medical field. While any number of things can go wrong during complex medical procedures, there are some common allegations in malpractice cases involving surgery. If you believe you were the victim of medical malpractice, an attorney from Newsome | Melton can help. We can determine

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How Long Do Medical Malpractice Cases Take?
19 apr
How Long Do Medical Malpractice Cases Take?

How long medical malpractice cases take depends on a variety of factors, like the complexity of the situation or severity of the victim’s injuries. Settling a claim could take anywhere from a few months to several years. Your case could settle at any one of multiple stages, or it could go to trial. For more information

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How Do You Determine If Someone Is the Victim of Medical Negligence?
19 apr
How Do You Determine If Someone Is the Victim of Medical Negligence?

There are typically four elements to determine if someone is the victim of medical negligence. You must prove all four to win a medical malpractice case. If you experience a bad outcome from a medical procedure or a health care provider makes a mistake, it is not automatically medical negligence. What Are the Four Elements of

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Medical Negligence