Articles Tagged with medical malpractice lawyer

The house fire death of a patient who had been discharged from a hospital the previous night was the subject of a Maine medical malpractice lawsuit recently before the Maine Supreme Judicial Court. There was no question the man’s death did not occur while he was on hospital property or under care of medical staffers. The issue was whether the hospital and other defendants were negligent in discharging the patient, whom plaintiffs asserted lacked the capacity to offer informed consent to that discharge.

In Oliver v. Eastern Maine Medical Center, the state high court affirmed the conclusion of the Superior Court, which found the hospital was not negligent in the discharge, despite the fact it was contrary to instructions given by patient’s children as his court-appointed guardians. The question became whether the patient was mentally fit to authorize his own discharge from the hospital.

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The Lewiston Sun-Journal is reporting that for the second year in a row, the federal government will be penalizing a Central Maine hospital for its failure to curb sky-high rates of patient injuries and infections. The sanctions are being handed out by Medicare, which funds a significant portion of patient care costs. The news doesn’t come as a complete shock, given that the hospital’s accrediting agency released a report weeks earlier saying the facility had failed to enact proper procedures necessary to curb hospital-acquired infections. The provider was given one month to fix this issue or risk losing its accreditation, which could result in even greater funding losses. 

The hospital president released a statement indicating the hospital is working hard to improve on these issues, rather than shy away from them, and it aims to provide a safe space for patients and employees alike.

While it’s positive that the organization appears to be taking responsibility for these shortcomings, our Maine medical malpractice attorneys wouldn’t expect such a forthcoming attitude should a lawsuit arise as a result of these lapses in the standard of care. Most facilities and individual practitioners vigorously fight back against allegations of wrongdoing leading to serious injury, illness, or death of patients. Having an experienced attorney to help navigate such claims is imperative, since they are often much more complex and contentious than many other types of personal injury claims.

A decision by the Maine Supreme Judicial Court held that a plaintiff should not be allowed to recover personal injury damages for the wrongful birth of a healthy baby. The child was reportedly conceived after the plaintiff had been implanted with a form of birth control that was inserted into the plaintiff’s arm. 

The plaintiff gave birth to a boy, who was healthy, in the summer of 2014 when she was 21 years old. However, as she explained to the court, she had visited a health care center to weigh her options for birth control.

According to court records, the plaintiff’s doctor recommended the use of an implantable device manufactured by the defendant. It consisted of a single, four-centimeter-long rod that was to be inserted underneath the skin of the patient’s upper arm with an applicator that looked like a syringe. The drug was designed to prevent pregnancy for at least three years, unless the rod was removed sooner by a doctor. It works by blocking the ovulation process.

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