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June 2015 Archives

Limitation on birth injury claims lifted by Court of Appeals

Birth injuries are devastating for parents, as anybody who has been through such an experience can tell you. The frustration can be particularly great in cases where birth injury is caused by medical malpractice. For those who have a strong enough case, there may be the ability to sue for medical malpractice and obtain damages to help ease the financial burden that can follow a birth injury. Victims of medical malpractice leading to birth injury do not always have the ability or opportunity to sue, though.

Patient engagement doesn't negate physicians' responsibility

Increasingly, health systems across the United States are moving toward an approach which aims to increase patients' involvement in their own care. The idea is that patients who take ownership of their treatment through deeper engagement can help improve their own quality of care and achieve better outcomes.

Veterans and medical malpractice liability under the FTCA

Last time, we began looking at birth injury case recently appealed up to the U.S. Supreme Court, and the Feres doctrine which is at stake in the case. As we noted, the Feres doctrine holds that active-duty military members are not able to sue the government for tort relief, as in cases of medical malpractice. What is at stake in the Supreme Court appeal, though, is whether tort relief is available to cover damages for a child who sustains a birth injury.                                    

Active duty mother appeals for damages from government for birth injury

All of us depend on medical care at some point, and all of us expect that our providers will exercise an appropriate degree of care in treating us. When providers fail to do this, we know that we have the ability to seek compensation for our injuries, even if we ultimately choose not to do so for one reason or another.