Is it medical malpractice when the equipment or supplies are defective?

Medical malpractice? “Would you consdier it medical malpractice to leave a patient in unearthly pain for 16 out of 18 hours? Maybe. The hospital has a duty to their patients to provide them with the proper care. It’s evident they did not check the pain pump for one such lady. Medical malpractice to use defective equipment? Possibly. It is the hospitals responsibility to use equipment in good working order,” this Dr said. “Additionally, with defective medical equipment and devices, some states have charitable immunity laws which protect/insulate hospitals from liability. This is something that needs to be looked into with every defective equipment claim.”

Generally speaking, it must be shown that
1. a significant injury occurred to the patient,
2. the doctor or hospital staff performed in a way that was not up to the standard of care expected from such a medical professional, AND
3. the lack of care or medical mistake directly caused the injury suffered by the patient.

House never cares about medical malpractice

This case is like a surgeon using a defective hip replacement implant. When it gives out, the patient may sue for medical malpractice, as the surgeon should have known the implant was defective. It is a situation that needs to be taken to a New Hampshire injury lawyer to find out what legal rights are applicable, what may be done to recover or mitigate expenses and whether or not med mal is present.

“There are instances where a bad outcome with a doctor is not the result of medical malpractice. There are also many instances where a plaintiff does not want to sue the doctor, but is okay with suing the maker of the medical product that failed. This gives the victim another option to recover compensation for their injuries,”

Michael Jackson's death was not an accident

Right before Michael Jackson was to debut his "This is It" comeback tour, it seems a doctor decided to take his life, or so the authoriteis believe. Authorities contend Murray gave Jackson a lethal dose of the powerful anesthetic propofol and other sedatives in the bedroom of his rented mansion before he died on June 25, 2009. Deputy District Attorney David Walgren said in his opening statement that Jackson was already dead when Murray summoned help and tried to conceal his administering of propofol to the pop star, ordering a bodyguard to collect items before paramedics were called.

Michael Jackson's casket at his funeral in 2009

Later in the hearing, Ortega testified that Jackson had gone home early from rehearsals on June 19.

A judge stripped Dr. Conrad Murray of his medical licence Tuesday after ruling that prosecutors have sufficient evidence to try him for manslaughter in the death of pop star Michael Jackson.

Los Angeles County Superior Court Judge Michael Pastor said testimony presented during a six-day hearing into Murray’s treatment of the singer had convinced him that allowing the cardiologist to keep his licence “would constitute an imminent danger to public safety.”

Evidence presented by prosecutors, the judge said, showed “a direct nexus in connection between the acts and omissions of Dr. Murray and the homicide in this case,” the judge said.

Pastor’s decision to send the case to trial was widely expected, including by Murray’s attorneys, but his defence had strongly contested the loss of his licence, calling it a “nuclear option” that would destroy the 57-year-old doctor’s ability to support his family and mount a criminal defence.