A "tort" may generally be defined as an act deemed wrongful enough that one who suffers injury from it may bring a lawsuit to recover damages. Many torts have their origin in "common law," which is the body of legal, historical principles and results from actual court cases, often historically ... More

There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The injured individual is also evaluated to see if they were acting carelessly when the ... More

 In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of "respondeat superior," a Latin term meaning "let the master answer." Historically, the doctrine allowed recovery from a master/employer for injuries caused by a servant/employee. One ... More

In 1999, the U.S. Food and Drug Administration (FDA) approved Vioxx, a promising new prescription drug, for entrance onto the U.S. drug market. Although related to some familiar over-the-counter anti-inflammatory pain relievers, such as ibuprofen, Vioxx offered similar relief without causing ulcers, bleeding or other gastrointestinal problems.  However, on September ... More

Studies have shown that at least 40% of all traffic fatalities are alcohol related.  In addition, each year billions of dollars in damages are precipitated by drunk driving.  In many states, liability for these damages may be shared by the driver and the seller or provider of the alcohol.   Common ... More

In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society.  Most Americans have a "cell phone" and many use them while driving. In light of the associated dangers, highway safety advocates argue that cell phone use while driving ... More

A "class action" is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If the case is certified, the lawsuit may proceed to resolve issues ... More

Governments and government agencies are potentially liable for accidents caused, in whole or in part, by defects in highway design and maintenance. Such liability is heavily dependent on local law and the extent to which the doctrine of "sovereign immunity" is enforced in a particular state. Sovereign ImmunityThe doctrine of "sovereign ... More

Depending on the jurisdiction, spouses, children, and parents may be able to recover for a "loss of consortium" in personal injury and wrongful death actions.  Some states have extended the availability of loss of consortium damages to other parties, including grandparents and non-married cohabitants.  Note, however, that the status of ... More

In a "product liability" case, the plaintiff typically sues the manufacturer and/or supplier of a product for damages resulting from an injury sustained through its use.  Depending on the state where the lawsuit is commenced, the court may apply one or more tests to determine whether or not liability exists. Design ... More

Over the years, intra-family immunity from lawsuits against other family members developed; "parental immunity" and "spousal immunity." Some have suggested that these immunities were part of a body of rules that historically limited tort recoveries in general. At one time, there was even a certain stigma to bringing a lawsuit ... More

Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures. Lawyers, and consumer groups such as Public Citizen, have served as public safety advocates in the area of car recalls, catering to consumer ... More

A "compact" can be an agreement among states regarding a matter of mutual interest.  As the automobile became more ubiquitous, states began signing compacts to share information regarding drivers and traffic violations.  The Driver License Compact (DLC) and Nonresident Violator Compact (NRVC) constitute such agreements and have facilitated the sharing ... More

"Common law" is a body of legal principles, early laws and court decisions, mostly inherited from England. Common law defined and explained various traditional civil wrongs (called "torts") for which injured persons could sue to recover damages and other remedies. One such tort is "intentional infliction of emotional distress" (IIED), ... More

While the majority of medical malpractice claims are associated with negligent surgical procedures, patients have brought successful medical malpractice claims based on non-surgical procedures, such as those resulting from dermatologic-related injuries.  In order to prevail on a medical malpractice claim, a patient injured by a negligently performed dermatological procedure must ... More

In order to bring a successful medical malpractice claim, the injured party must show that the treating health care professional departed from accepted standards of practice and that such actions or failure to act caused the patient's injury or death. As medical practice standards are set by members of the ... More

Generally, a podiatrist is a limited-license practitioner who, depending on the scope of practice recognized by the podiatrist's home state, can treat medical problems associated with the foot, ankle and/or leg. Depending on their training, podiatrists might perform any one of several medical services, ranging from the treatment of nail ... More

A dental abscess is an infection of the face, jaw, throat or mouth that begins as a tooth infection or cavity. Dental abscesses and infections can result from poor personal hygiene or lack of timely dental care. A common medical malpractice issue in dentistry can result when a dentist fails ... More

A "tort" is defined as behavior that harms an individual, but is not necessarily a criminal act. A toxic tort claim can be brought by an individual who was exposed to and harmed by a toxin due to the conduct of another. Workers' Compensation and Toxic Torts Workers' Compensation law ... More

 A person injured by a wrongful act (or "tort") of another may be able to bring an action to recover damages. If the person dies, these claims may survive and often can be pursued by the representative, or "administrator," of the decedent's estate. In addition, however, the decedent's heirs and ... More

People who are injured on the property (or "premises") owned and/or maintained by others may be able to recover for their damages (e.g., medical expenses, pain and suffering, and lost wages). Their success may depend on a number of factors, including the circumstances surrounding the injury and the laws of ... More

Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In order to recover damages for injuries sustained as a result of faulty consumer ... More

Although the amusement park industry is well known for its ability to provide fun-filled family entertainment, numerous injuries and deaths have occurred in them. In 2001 alone, there were three amusement park fatalities and nearly 8,500 amusement ride injuries treated in hospital emergency rooms. Despite these figures, the industry remains ... More

Erb's Palsy is a birth complication resulting from an infant's shoulder bone becoming trapped behind the mother's pubic bone during birth. This complication, also known as shoulder dystocia, causes intense pressure on the nerves in the infant's arm. As such, the infant may suffer from a condition called Erb's Palsy, ... More

High profile personal injury lawsuits have left many with the impression that juries systematically award multi-million dollar awards in order to punish wrongdoers.  Although juries may, and frequently do decide to make such awards, most states have restrictions (caps) on the amount of such awards, resulting in the reduction of ... More

To prove that someone else's negligence caused the harm complained of in a personal injury lawsuit, the injured party must prove all three of the following:The person had a legal duty in relation to the injured party, e.g., the duty owed to a consumer by manufacturers and distributorsThe person breached ... More

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a "medical ... More

Food poisoning lawsuits may require special proof to establish the liability of a restaurant or other food service provider. This article focuses on food poisoning that involves toxins unintentionally formed by biological processes (as opposed to intentional food poisoning).  The symptoms of food poisoning depend on the type of poisoning, ... More

A mass disaster is an unexpected event of sizeable magnitude that causes an extensive number of injuries and deaths, and could likely include widespread property damage. Examples include commercial airline crashes, train derailments, floods, earthquakes, wildfires, hotel fires, explosions, and toxic spills. In the event of a mass disaster, the legal rights ... More

Workplace injuries are usually followed by a Workers' Compensation claim filed on behalf of the injured employee. However, in certain situations a lawsuit against the employer may be more appropriate and more rewarding for the injured worker. The typical Workers' Compensation scenario involves an employee suffering an injury while at ... More

Many people take dietary supplements to support their diets with herbs, vitamins and minerals. In some instances, dietary supplements can provide health benefits. In others, the unexpected risks can injure or even kill consumers. The distribution and marketing of dietary supplements is regulated by the Food and Drug Administration (FDA), ... More

Commencing with passage of the Federal Tort Claims Act in 1946 (FTCA), the U.S. government allows itself, in limited circumstances, to be sued for damages caused by government employee conduct. Generally, individuals may recover damages due to injuries caused by U.S. government employees who were acting within the ... More

The drugs Vioxx, Bextra and Celebrex became available on the U.S. prescription drug market in the late 1990s as a breakthrough type of arthritis treatment and acute painkiller. Vioxx manufacturer Merck Co., Inc. and Pfizer, manufacturer of Bextra and Celebrex, were direct competitors in this particular class of NSAID COX-2 inhibitors.  In ... More

Amalgams are a type of dental tooth filling which, unlike gold or porcelain fillings, contain mercury. In the past several years, the American Dental Association (ADA) and several state dental chapters have come under the attack of numerous lawsuits for supporting the continued use of amalgams. In addition, bills ... More

Many medical procedures and surgeries require anesthesia to be administered to the patient. Use of anesthesia is a medical method of managing or preventing pain through administration of an anesthetic, controlled by an anesthesiologist or certified nurse anesthetist. Anesthesia is inherently dangerous by virtue of the fact that dulling or eliminating pain ... More

When a doctor or other health care provider engages in conduct (or fails to take action) that results in a patient's injury or death, the patient and/or family may have a medical malpractice claim. Most cases are based upon a theory of negligence: that the care provided failed to meet required ... More

Medical malpractice lawsuits are usually based upon a claim that a health care provider was negligent. To establish negligence, the plaintiff must prove the practitioner's actions fell below the accepted standard of care, i.e., the degree of care a reasonable, similarly qualified health care provider would have provided under the ... More

There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement.  Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal ... More

In late 1999, the Institute of Medicine issued a report regarding medical errors in United States hospitals. The report concluded that every year, as many as one million hospital patients are injured and 98,000 die as a result of preventable medical errors, costing the nation an estimated $40 billion annually. ... More

Because Commercial Motor Vehicles (CMVs) are generally larger and thus potentially more dangerous than other vehicles, CMV brake safety is imperative. As of February 5, 2003, a new rule governs brake testing for CMVs. There are three types of vehicles that are considered CMVs: (1) A truck with a gross ... More

Generally, the law holds pet owners responsible for the actions of their pets. Dog owners, in particular, should be aware of the law regarding liability for dog bites and other injuries. Dog owners are not necessarily always at fault and may have defenses.Law Regarding Dog Bites Many states have enacted ... More

In most states, individuals generally have the right to defend themselves from unlawful physical force. An analogous extension of this right of self-defense is the right to protect property from trespassers. This right may relieve a property owner of liability for actions that would otherwise be considered either an actionable tort ... More

General partnerships are legally recognized entities, with a separate identity and existence. Creation, regulation, and characteristics are commonly defined and controlled by state law and may vary. However, despite such variations, many states have adopted common provisions of the Uniform Partnership Act (UPA). Unlike entities ... More

Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to defective products and approximately 70,000 to 80,000 lawsuits are filed each year against manufacturers of ... More

The right of a photographer to sell or commercially exploit a picture of a stranger depends on numerous factors. Much will depend on whether the subject's consent was obtained. Further, the subject of the photograph might have a right of privacy and a right of publicity (i.e. a right to control the use ... More

In 1999, it was reported that over 98,000 preventable deaths occurred in hospitals each year.  To combat the prevalence of such errors, in 2000, the Business Roundtable, a consortium of CEOs from large U.S. corporations, organized the Leapfrog Group. Today, Leapfrog consists of more than 150 large ... More

Dentists and oral surgeons are expected to provide a standard of care that other competent and reasonable dentists and oral surgeons would provide under the same or like circumstances.  When they fail to do so, they may be held liable for damages resulting from their treatment.  One injury that may ... More

Some state medical malpractice laws granted patients the right to sue their Health Management Organizations (HMOs) for actions which injured them. As a result of their active roles in medical care decisions, HMOs have been held liable for medical malpractice in state court for negligently administering health care benefits. However, ... More

When a fetus in utero cannot receive oxygen or blood, the baby is said to be in fetal distress. If a physician does not promptly and correctly remedy the situation, the fetus could suffer permanent brain damage or death. Parents in this situation may have a medical malpractice claim. There ... More

Product or products liability is the area of personal injury law concerning liability for injuries caused by "defective" products. "Defective" products include products that are "unreasonably dangerous" for their intended uses.                   The Principles and Reach of Product Liability LawsMany of the general principles of law followed by U.S. courts ... More

Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their injury. Traditionally, courts have required the injured party in a product ... More

A nosocomial infection, or hospital-acquired infection, is an infection that was contracted in a hospital. Such infections can be the result of many different factors including poorly sterilized equipment, defective equipment design (not allowing for proper cleaning) or hospital staff negligence. As with any medical malpractice claim, several aspects must ... More

When the Sports Utility Vehicle (SUV) first gained popularity as a vehicle for the average consumer in the United States, the SUV touted a rugged image and implied that it possessed greater safety standards than a regular car. The image that marketers advertised did not include the tendency for SUVs to ... More

People who have been injured by a defective product may have a valid legal claim against product manufacturers or distributors, depending on what type of product defect caused their injury. The two main types of product defects are manufacturing defects and design defects. The difference between manufacturing and design defects ... More

Relatively recently, courts have begun awarding damages in certain cases for "loss of enjoyment of life," also called "hedonic damages," named for the ancient Greek school of philosophy called "Hedonists" who believed that life should focus on the pursuit of pleasure. The concept of a person being compensated for "loss ... More

The U.S. Supreme Court was recently asked to decide whether liability could be imposed upon an international air carrier for its refusal to assist a passenger that ultimately died. BackgroundIn December 1997, Dr. Hanson and his wife traveled from San Francisco to Athens and Cairo for a ... More

Many state laws require criminal defendants to pay restitution to their victims and/or to the state for harm directly caused by the defendant's crimes.  Such laws are generally enacted to provide compensation for a broad array of costs resulting from crimes such as fraud, personal injury, death or property damage.  ... More

The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general provided by state laws. As a consequence, the nature, extent and procedures connected with this ... More

While the majority of medical malpractice claims are associated with negligent surgical procedures, patients have brought successful medical malpractice claims based on non-surgical procedures, such as those resulting from dermatologic-related injuries.  In order to prevail on a medical malpractice claim, a patient injured by a negligently performed dermatological procedure must ... More

In order to bring a successful medical malpractice claim, the injured party must show that the treating health care professional departed from accepted standards of practice and that such actions or failure to act caused the patient's injury or death. As medical practice standards are set by members of the ... More

"Product liability" is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is ... More

A food recall is a voluntary course of action by those responsible for the distribution, manufacturing, or sale of a food product to protect the public from illness or other injury. The purpose of the recall usually stems from: Bacterial related illnesses caused by the product, and/or Foreign objects within ... More

Res ipsa loquitur is a legal doctrine that infers negligence in a situation that lacks direct evidence of wrongdoing. Translated from Latin, res ipsa loquitur means, "the thing speaks for itself." When res ipsa loquitur is applied to a claim, evidence must be produced from which a jury would decide ... More

Many people enter into a "structured settlement" as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers' compensation.  A "structured settlement" takes a lump-sum award and turns it into a series of payments that may last for a specified period of time.  This ... More

Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures. Lawyers, and consumer groups such as Public Citizen, have served as public safety advocates in the area of car recalls, catering to consumer ... More

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including: A mass accident - usually a single event such as an airplane crash Widespread personal ... More

Treating wood with pesticides to protect the wood from natural elements is an effective method of preserving the wood's longevity. However, certain companies that pressure-treat wood are using the chemical, chromated copper arsenate (CCA), commonly known as arsenic, which is fatal to human beings. Dangers of Chromated Copper Arsenate ... More

It is estimated that over 80 million consumers worldwide had taken the prescription drug, Vioxx, before it was pulled from the market by its manufacturer, Merck Co., Inc. With Merck's annual sales from Vioxx peaking at approximately $2.5 billion in 2003, this marks the largest withdrawal of a drug from ... More

Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple's real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two common types of distribution schemes. Community Property v. ... More

Once a lawsuit is filed to recover damages for a personal injury, breach of contract, or other cause of action, the case will usually proceed through several phases. The first phase of a lawsuit usually entails the preparation and filing of a "complaint," which basically sets forth the plaintiff's reason ... More

One purpose of federal bankruptcy laws is to allow people to settle their debts and gain a fresh start. Once debts listed in the bankruptcy documents have been satisfied, (in whole or in part, or not at all if the debtor lacks sufficient assets), the debts may be "discharged" or ... More

One of the most important aspects of a doctor-patient relationship is open communication. Withholding information on either side may impair that relationship. A study by the American Medical Association (AMA), released in July 2003, revealed that as many as one in three doctors withholds information from patients about medical ... More

Group B Strep (GBS) is a bacterial infection that infants can acquire from their mothers during labor and delivery. As GBS symptoms are fairly obvious and can be prevented in newborns by the administration of antibiotics to the mother at the onset of labor, health care providers who fail to ... More

Many principles applied by U.S. courts originate from "common law," a collection of legal principles mostly derived from decisions in actual cases, including historical cases in England. At common law, however, only the person(s) who purchased a product could sue if they were injured through the use of the product.However ... More

Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In order to recover damages for injuries sustained as a result of faulty consumer ... More

Air bags that are properly manufactured and installed can save lives. However, defectively manufactured air bags can cause undue harm to car occupants, and individuals who have suffered injuries as a result of an air bag defect may have a products liability claim against the automobile manufacturer. Products Liability ... More

Since 1951, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), an independent non-profit organization, has participated in United States health care issues. Today, JCAHO actively evaluates and accredits more than 15,000 health care organizations and health related programs and is recognized as the primary accrediting and standard-setting ... More

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a "medical ... More

In April 2002, the Food and Drug Administration (FDA) approved Botox injections for cosmetic use. Manufactured by Allergan, Inc., Botox is a protein produced by the same bacterium as botulism, a food poison. Botox was first used to treat certain medical disorders. Botox is also used for cosmetic purposes; small ... More

A "tort" is defined as behavior that harms an individual, but is not necessarily a criminal act. A toxic tort claim can be brought by an individual who was exposed to and harmed by a toxin due to the conduct of another. Workers' Compensation and Toxic Torts Workers' Compensation law ... More

Many people embark on a lawsuit without taking into consideration all possible consequences. Litigation can be very costly and not all the costs are obvious. Most expect the costs of hiring an attorney and make payment arrangements, usually payable based on an hourly fee schedule or on a "contingency" basis ... More

Typically, owners of dangerous animals and others engaged in ultrahazardous activities owe an absolute duty to make the animal or activity safe. Failing to do so could subject the animal's owner or the individual responsible for the ultrahazardous activity to strict liability for any resulting injuries to property or foreseeable ... More

An increasing array of goods and services are offered through "franchises." Franchising is not a new concept, but it has exploded in popularity in the past 50 years or so. In a franchise arrangement, entities with a nationally recognized name enter into relationships with others to market goods and/or ... More

Injuries frequently occur to participants in certain "contact sports," such as football or hockey. The law in general allows an injured individual to recover damages caused by the actions of another, providing certain conditions are met. However, most jurisdictions recognize an exception for injuries that occur during sports activities. Actions ... More

Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and subsequently, more susceptible to abuse. While many elders live in nursing homes, most ... More

Cardiological specialists are required to adhere to a strict standard of care in diagnosis and treatment. If a specialist deviates from the standard of care and, as a result, a cardiac patient suffers an injury, then the specialist must assume the consequences of such injury. Types of Cardiological SpecialistsThere are ... More

In 1994, the antidepressant drug Serzone was approved by the Food and Drug Administration (FDA). Also known as nefazodone HCl, Serzone was first introduced by Bristol-Myers Squibb Co. with the claimed benefit of reduced sexual side effects commonly associated with antidepressants. However, after 2000, Serzone began to face ... More

Dental malpractice is medical malpractice for an injury due to negligent dental work or failure to notice or diagnose possible precarious oral conditions. If a dentist fails to meet the standards of care accepted by the profession, either purposely or due to incompetence, he may be subject to dental malpractice ... More

The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to injury, the CPSC imposes strict guidelines for toy distribution, and responds quickly when ... More

Laser eye correction was once dubbed the new "miracle" eye surgery, promising a painless vision correction surgery. Now there are thousands of lawsuits filed each year for medical malpractice claims regarding laser eye procedures. However, laser eye correction is still the most common surgical procedure in the United States, with ... More

"Sport Utility Vehicles" (SUV's) have become increasingly popular. It has been estimated that SUV's comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been raised about the safety of SUV's. The potential danger does not appear to have impeded the ... More

Fifteen-passenger vans are frequently used to transport commuters such as college athletic teams, church groups and employees for company outings. Recent years have seen an increased use of such vans as well as an increase in rollover accidents and injury claims. Following Rules for Intended Use Still Creates Risk of ... More

A person alleging that they would have rather not been born, than be born with a genetic defect or disability, may bring a wrongful life lawsuit against the treating physician. When parents have the same sentiment regarding the birth of their child and want to pursue legal action, their claim ... More

The amount of medical malpractice claims arising out of prenatal care and procedures has recently increased dramatically. Since applicable laws and regulations of such claims vary significantly by state, such distinctions should be taken into consideration.Many commentators divide these malpractice claims into three categories:"Wrongful Birth" – the parents sue the ... More

Many people enter into a "structured settlement" as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers' compensation. A "structured settlement" takes a lump-sum award and turns it into a series of payments that may last for a specified period of time. ... More

Assault and battery are crimes in virtually every state. However, both assault and battery may also form the basis for a civil suit for damages. In some states, the two are combined as one crime for criminal law purposes, but are separate and distinct "torts" for purposes of ... More

Have you been injured as a result of an auto accident, slip and fall, or medical malpractice? Do you feel you will not be able to afford an attorney to make sure that you are adequately compensated for your injuries?Contingency FeesMost attorneys are willing to work out a financial arrangement ... More

Brief Background on Vioxx and Related Health IssuesIn 1999, FDA-approved Vioxx was launched into the U.S. prescription drug market as a beneficial and innovative new anti-inflammatory and pain killing drug. On September 30, 2004, Vioxx manufacturer, Merck, voluntarily pulled the drug from the market. Merck cited newly discovered risks of ... More

When a vehicle accident results in damage, injury, or death, the party whose carelessness (negligence) caused the accident may be held financially liable, in whole or in part, for the damages and injuries sustained. The process of determining who was "at fault" varies from state to state, and some states ... More

An all-terrain vehicle (ATV) is defined as "any motor vehicle with two or more wheels that is no wider than 70 inches and weighs no more than 1,000 pounds." ATVs are commonly used in the United States for recreational purposes, however, ATVs can also be extremely dangerous, and are known ... More

A bronchoscope is a medical tool consisting of a tube equipped with a camera, used by doctors to diagnose lung cancer and other lung infections. Bronchoscopy procedures are very common in the United States. However, thousands of bronchoscopes have been recalled by manufacturers, and people who have suffered injuries as ... More

For example, plaintiffs injured in auto accidents may be compensated by their own health or auto insurance carrier, receive government benefits, or be given money by relatives or an employer, to assist with any resulting financial crisis, but these amounts do not reduce the damage award against the defendant. ... More

The failure to make a diagnosis or identify cancer is the most frequent medical malpractice claim in the United States. Prostate cancer is the most common nondermatologic cancer, as well as the second most common cause of death from cancer in men. Nearly 200,000 cases are diagnosed in the U.S. ... More

After the drug Vioxx, an anti-inflammatory and pain reliever, was voluntarily pulled from the world market in late September 2004, the U.S. Food and Drug Administration (FDA) has been scrutinized for its handling of the drug. Critics argue that the FDA was too lax in monitoring Vioxx despite mounting ... More

When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. ... More

Cerebral Palsy is a birth complication resulting from oxygen deprivation during pregnancy, labor or delivery that affects movement control and muscle condition. Cerebral Palsy occurs in approximately two to four babies out of every 1,000 births in the United States. Oxygen deprivation is often a result of medical negligence. There is ... More

Medical malpractice usually involves negligence on the part of a health care professional. As professionals, health care providers, e.g., doctors, surgeons, and nurses, are held to a standard of care for the services they provide. This standard typically consists of what a comparable, reasonable professional would do under ... More

Propane gas tanks may pose a grave danger due to their extreme flammability. Local and state jurisdictions are addressing the problem of fires and explosions caused by propane tanks by taking stronger safety precautions and providing education regarding gas tanks, in order to reduce the number of injuries and deaths caused ... More

It is estimated that over 80 million consumers worldwide had taken the prescription drug, Vioxx, before it was pulled from the market by its manufacturer, Merck Co., Inc. With Merck's annual sales from Vioxx peaking at approximately $2.5 billion in 2003, this marks the largest withdrawal of a drug from ... More

Lead is a toxin that is most commonly encountered in paint manufactured before 1978. The most common victims of lead poisoning are children who ingest paint chips containing lead. Areas in the home that are painted with lead-based paint, such as railings, fences, doors and window sills, can be a ... More