Medical Malpractice Archives

What is an Affidavit of Merit?

Posted on May 1, 2015

What is an Affidavit of Merit?

Sometimes people who have been injured or suffered at the hands of a health care provider will come across legal terms such as “affidavit of merit.” Unfortunately, most people don’t have any personal experience with affidavits, much less affidavits of merit. To help explain what an affidavit of merit is, and why it plays a role in medical malpractice and personal injury cases, let’s take a look at some important concepts.

The Lawsuit Process and the Affidavit of Merit

Whenever someone wants to file a medical malpractice lawsuit, that person has to comply with specific laws and rules. Every state has its own laws that determine what a person has to do to file a lawsuit, though they all generally address the same basic issues. For example, the law states how long you have to file your lawsuit, what format the lawsuit must take, and the kind of information your lawsuit must contain.

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Drug Interactions a Serious Health Concern

We live in an age where medical and pharmaceutical research is something we take for granted. The medical procedures and medications we rely on to maintain and improve our health are often seen as safe, reliable and easy to obtain. Yet these advances in medical technology do not come without risks, especially when we take two or more types of drugs. The risk of drugs interacting with one another to cause negative, and potentially deadly, side effects is a very real one, and one that leads to a shockingly high number of deaths and injuries each year.

Drug Interactions Deadlier Than Car Crashes

About 34,000 people die every year as the result of automobile crashes, while more than 2 million people sustain injuries. Meanwhile, the Food and Drug Administration reports that , or ADRs, are responsible for killing nearly three times as many people as those killed in car crashes. The FDA reports that about 100,000 people die from ADRs each year, while another 2 million suffer serious complications.

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What You Need to Know About Medical Malpractice

Each of us should feel lucky that we live in a time and place in which high-quality medical care is readily available. But what happens when you seek medical treatment and something goes wrong? What if you leave the hospital worse off than you were when you came in?

Though it is a relatively uncommon occurrence, medical professionals can hurt you if they fail to perform their duties properly. In such a situation you might be able to recover compensation for your injuries. These types of cases, known as medical malpractice or medical negligence cases, involve some key issues you need to know about.

Treatment, Mistakes, Negligence, and Standards of Care

Anytime you visit a doctor or health care provider there are a range of possible outcomes. You might, for example, go to the doctor, be properly diagnosed, receive adequate treatment and come away from the experience as your normal, healthy self. Yet you might also receive treatment and be unhappy with the result, or actually suffer an injury because the doctor did something wrong. So when can you sue for medical malpractice?

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Types of Personal Injury Cases and Associated Compensation

According to the American Bar Association, personal injury law is designed to protect individuals or their property in the event that they are injured or harmed due to the actions of someone else, or as a result of someone’s failure to act. Personal injury law is sometimes referred to as tort law. Personal injuries can occur in a variety of settings and for a variety of reasons. A primary cause of personal injury is negligence, which is defined by the Insurance Information Institute as “failure to act with the legally required degree of care for others, resulting in harm to them.”

Personal injury may also be based on strict liability or intentional wrongs. The notion of strict liability holds manufactures and designers liable for injuries that result from defective products. In strict liability personal injury cases, the injured party is not required to establish negligence on the part of the manufacturer or designer, but is instead required to show that the product was manufactured or designed in such a way that it became unreasonably dangerous when used for its intended purpose. Personal injury cases can also be based on intentional wrongs, however such cases are rare. An example of a case filed on such a basis would be if a store patron was wrongly detained by a security guard for suspicion of shoplifting; the detained individual might be able to file a suit for false imprisonment. There are several types of personal injury cases that can be pursued, examples of which are described below.

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When Your Medication Harms You: Pharmaceutical Drug Liability

Prescription pharmaceutical names like Vioxx, Fen-Phen, and Baycol are primarily famous not because of the good they did, but because of the harm they caused. Pharmaceutical companies release dozens of new prescription medications every year, and every year more people suffer because of drug-related problems. Someone who suffers harm as the result of taking a prescription medication can often recover money for the injuries they’ve endured. Like other product liability cases, pharmaceutical drug cases typically involve a number of common elements.

The Chain of Distribution

A prescription drug is a complicated product, one that involves participation of numerous people and organizations. When someone is hurt as the result of taking a prescription medication, finding out who was responsible involves looking at a lot of possible suspects.

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