Articles Tagged with medical

When you think of major causes of death, medical issues such as cancer and heart disease may be the first things that come to mind. What is the third most common cause of death? Is it car accidents? Maybe it is diabetes or some type of lung disorder? 

It is actually medical malpractice—mistakes that can and should be prevented. Surgical errors are the third leading cause of death in the United States. 

Medical malpractice occurs when a doctor’s or nurse’s negligence leads to harm. It tends to happen during surgical procedures, but these errors can also happen during anesthesia or when a baby is being born. They can happen when a doctor fails to diagnose a disease. 

When a law changes, the question often arises as to when it is actually effective and whether it can affect or change the rights of parties that may have filed a lawsuit when the old laws were in effect. A new case discusses this principle in the context of medical malpractice.

Law Changes and Retroactivity

It is generally accepted that when a law changes that affects substantive rights, the law change is not retroactive. If the law changed to say that you could only own two dogs, for example, and you already owned three, the change would not apply to you. Law changes that only change procedure (such as how the courts operate), however, generally are retroactive.

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