Newsletters

Failure to Diagnose Breast Cancer

The statistics are frightening. More than 10 percent of woman will develop breast cancer in their lifetimes, and it is the leading cause of death in women ages 40 to 60. However, the news on early diagnosis in encouraging. About 85 percent of women whose breast cancer is detected early will survive at least five years.

Malpractice in Performing Abortions

Thousands of legal abortions are performed in this country every year, and although most are completed without complications, there are certain risks connected with the procedure, some of which can be life threatening. A physician must adequately warn the patient of the risks inherent in the procedure. Medical malpractice cases arise when a patient claims that she was not informed about the risks of the procedure or that it was the negligence of her physician that caused or contributed to complications from an abortion. Women who have negligently performed procedures may suffer perforation of the uterus, infection, and endotoxic shock. Some complications resulting from an improperly performed abortion may be long-term, such as an increased risk of certain cancers and future ectopic pregnancies.

Constitutionality of Statutory Damage Caps

Liability for Administering Drugs

When prescribing drugs to treat a patient, a physician is expected to use the same standard of care and skill that is normally possessed and exercised under the same circumstances by physicians in good standing in the same or similar locations. In most cases, a doctor is liable for injuries to a patient resulting from the administration of the wrong drug. Some courts have found that the manufacturers' inserts containing use recommendations are prima facie evidence of the standard of care to be followed by physicians in using the medication, but other courts have concluded that this information from manufacturers is admissible only as some evidence as to the standard of care, not rising to the level of prima facie evidence.