Category Archives: Malpractice

Brien Roche Law > Malpractice
Accident Investigation in Medical Malpractice Cases

The issue of accident investigation in personal injury cases has been addressed on another blogpost on this site. A careful review of that blog shoud be done before going furhter. That blog addresses the bright line rule by which some … Continue reading

Legal Malpractice-The Case Within the Case

Legal Malpractice-Case Within Case is a Damage Claim When you’re dealing with legal malpractice in the litigation context, typically the plaintiff has to prove a case within the case. What that means is that the plaintiff has to first prove … Continue reading

Ex Parte Communications with Treaters

Sometimes opposing counsel may want to obtain records and/or speak with a plaintiff’s healthcare provider. That typically is not allowed. Under the HIPAA statute, there may however be an avenue to allow such communications.  HIPAA says that a covered entity … Continue reading

Fraud in Medical Malpractice

Fraudulent behavior in the context of a medical malpractice case is not unheard of. However it is unusual. The court addressed such an issue in the case of Dell v. French, 38 Va. Cir. 91 (1995) On December 21, 1991 … Continue reading

Nurse Malpractice

Nurses have a duty not only to comply with the standard of reasonable care for the a patient but also have a duty to act as an advocate for the patient. Their failure to do so may bring their action within … Continue reading

Gallbladder Surgery Negligence

Gallbladder surgery negligence can be seen in the cutting of the common bile or common hepatic ducts. The underlying problem that necessitates surgery is the presence of gallstones. This may dictate the surgical removal of the gallbladder.  This procedure is … Continue reading

Realtor Malpractice

Role Of The Agent Real estate malpractice by a real estate agent is a form of professional negligence. The claims are similar to legal or medical malpractice cases. The plaintiff must prove what the standard of care is.  The standard … Continue reading

Trauma Surgery Medical Malpractice

Trauma surgery recognizes what is known as the “golden hour”.  That golden hour is the 60 minutes following the injury.  It is during that 60 minutes that the patient’s outcome is often fixed. As a result time is of the … Continue reading

Stroke Malpractice

Stroke: Ischemic or Hemorrhagic Stroke (CVA – Cerebral Vascular Accident) is the fourth leading cause of adult death in the U.S. By 2030 nearly one in every 25 adults will suffer a stroke. Most strokes can be grouped as either … Continue reading

Injection Malpractice

Injection Malpractice-Injection Too High Injections can cause injury. This is sometimes the explanation for shoulder symptoms. What can happen with an injection caused injury is that the needle containing the vaccine is injected too high in the shoulder.  It should … Continue reading

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