Personal Injury Lawyers : A Review of the Basis of Medical Responsibility

medical malpractice law

A Review of the Basis of Medical Responsibility

That a physician maintains a duty and thus an obligation to his/her patient is not a new concept. Writings on Medical Responsibility are traceable back over 4,000 years. The Code of Hammurabi, 2030 BC provided:

“If the doctor has treated a gentlemen with a lancet of bronze and has caused the gentleman to die, or has opened the an abscess of the eye for a gentleman with a bronze lancet, and has caused the loss of the gentleman’s eye, one shall cut off his hands.” [Smith Origin & History of Hebrew Law, (1931) 211, 212; Hughes v. State Board, (1926) 162 GA 246, 134 SE 42, 49.]

Note however, if the patient were a slave and the slave lost his life due to the wrongful conduct of the surgeon, then the penalty was furnishing the master with another slave. In those days, the duty to the patient had a direct relation to the social status. If the physician made a mistake, and a loss of life occurred, he paid a fixed penalty. More here @

Later, the Egyptians tempered this rule. If the physician followed an established means of treatment for a disease, and an unfavorable result occurred, he was exonerated. But if he departed from the acceptable procedure and treatment, and the patient had ill results, then the doctor was found at fault, and the penalty could be severe.

While the “practice of medicine” dates from the days of Hippocrates (400 B.C.), we are unaware of any writings of that day that dealt with the physician’s conduct and responsibility in relation to his patient.

However, the Greeks must have had some recognition of a duty owed by the physician to his patient for Plutarch tells the story of Glaucus, a physician of Ephesus, who left a sick man, and went to the fields. In his absence the man died because of taking excessably of food. Alexander condemned the doctor to death for a breach of professional duty. [Charles Greene Cumston, Laws Governing Civil Malpractice in the Middle Ages, 15 Green Bag, 409 (1903).] medical malpractice cases

In the Roman Law, malpractice was a recognized wrong. When Roman Law expanded and was introduced into Continental Europe around 1200 A.D., a law for the regulation of the practice of medicine, including the control of drugs, was promulgated in 1240 by Emperor Fredrick II.

In 1532, during the reign of Charles V, a law was passed providing that the opinion of medical men should be formally taken in every case of violent death. Thus, there came to be developed standards by which to judge the knowledge and skill of a physician, who was to be held responsible, not only for intentional fault, but also for negligence in the practice of his skill.

After the Norman Conquest in 1066, came the development of the English Common Law, and during the reign of Richard Coeur de Lion, at the close of the 12th century, official records were kept in the Courts of Common Law and the Plea Rolls. From these records down to the present time, there is an unbroken line of decisions concerning medical malpractice. More here @

One of the earliest recorded cases involving medical malpractice in the English Law was Everad v. Hopkins, (1615) 80 English Reports 1164. Sir Edward Coke decided an action against a physician for negligence. Plaintiff’s master had employed a physician to treat his servant. No contract was entered with the patient. However, it was found that “unwholesome medicine” had been employed, which caused the servant to become more ill. Lord Coke said that of course the master could maintain an action upon his contract, but the servant not being a party could not sue thereon. However, the opinion was stated that the servant, in his own right, could have an action on the case for the damages done by the treatment.

Thus, a legal obligation devolved upon the physician because of the universal demands put forward by society for its own protection. A review of the past legal history of medicine is important to understand the nature of the relationship of responsibility of the healer to his patient. Suffice it to say, since the first cases in which an individual prevailed against a doctor in court, the stigma for wrongdoing has attached to the doctor found culpable. This is one of the reasons that fellow-physicians were for so long unwilling to testify on behalf of those harmed by a fellow physician’s wrongful conduct. Indeed, to a certain extent, the “conspiracy of silence” still exists today. More on this site @

Helping Victims of Workplace Injury – Personal Injury Law

Helping Victims of Workplace Injury

Our jobs are a very important part of how we spend a great many hours of our week and are crucial to our livelihood and financial stability. But what happens when we sustain an injury at the workplace? Who stands responsible? Literally millions of people sustain injuries – from minor to life-changing – on the job each year. Thousands of these result in extremely serious afflictions and even death. Laws are in place to protect workers and you can find out more if you have been affected by a workplace injury by contacting a personal injury accident attorneys

The circumstances leading up to your injury will have a great deal to do with how you may approach receiving the compensation you deserve. In many cases, worker’s compensation will be the only avenue down which to pursue benefits, but if a third party was involved in the injury, you may also be able to file a civil personal injury lawsuit against them for financial damages as well. After receiving proper medical care from an approved provider, keeping well-documented records of the incident, you should procure excellent legal help to ensure that your rights and best interests are protected.

Workers’ Comp Lawyer

If you have been the victim of a workplace accident that resulted in an injury such as an amputation, you should not hesitate to contact an attorney experienced in the laws pertaining to workers’ compensation. By working with a lawyer that you can trust, you can take the necessary steps towards filing a workers’ comp claim. By seeking this avenue of action, a workers’ comp lawyer can help you to understand such issues as work comp benefits and medical treatment and what can be done should you be forced to deal with a denied claim.

The rights of injured workers should never be violated and the right lawyer will be able to help ensure that yours are not. No matter if you are an airport worker, a FEDEX or UPS employee or the employee of another company, if you have been injured on the job, you have rights to just compensation that should not be ignored. Talk to an experienced lawyer today to learn more about what can be done to help you achieve your just outcome.

Our legal team is ready to assist those who have been injured on the job with caring and aggressive legal representation. With 40 years of collective experience, our lawyers are highly respected and have a track record of success. You can trust our firm to exhibit dedication and commitment to your case and to work tenaciously towards a full and just resolution.

Contact a work injury attorney as soon as possible for an important consultation. For more from our San Antonio Construction Accident Attorneys

Truck Accident Attorneys Texas – Personal Injury Law

Truck Accident Attorneys Texas

While all motorists are required to know the rules of the road before getting behind the wheel of a vehicle, truck drivers are in a very special situation. For one thing, the vehicle being driven is heavier and more cumbersome than an automobile, and if it is involved in accident it can cause more damage.

It is a more complex piece of machinery than an automobile and it takes greater expertise to understand how it operates and to drive it. On most occasions when being operated, it is engaged in a business purpose, and consequently the truck driver must abide by rules and regulations required by state and federal regulatory agencies and by state laws governing the operation of trucks and trailers.truck accident attorneys

Truck drivers spend more time on the highway than most any other type of drivers. Many of them engaged in long-distance hauling sleep in and live out of their trucks. These types of drivers, in particular, are under enormous pressure to deliver their cargo in a timely fashion.

They encounter every type of road hazard conceivable and weather conditions of the most extreme variety, requiring them to drive in a sharp, clear-headed fashion, or otherwise risk disaster.

A lapse of judgement or momentary carelessness translates too often into an accident.

Under the law, the truck driver’s act or failure to act may raise an interference of negligence or create a presumption of negligence.

On occasion, a truck driver’s negligence is so egregious that it reaches a different plateau in the realm of negligence classification and, depending upon the facts, the driver and his employer may be exposed to punitive damages. This conscious wrongdoing, traveling under the name of gross negligence or willful and wanton misconduct, constitutes negligence of a greater magnitude.

Its viability as a cause of action is becoming greater as attorneys begin paying increasing attention to such industry-wide problems as driver fatigue as a cause of accidents and the conscious decision by truck owners and shippers to insist on performance from the driver that cannot be accomplished without violating federal maximum driving hour regulations. Visit this website also

Carriers have been held liable in the following situations for other acts of improper loading which include overloading, traveling on the highway with a protruding load, and hauling a load that was too high:

A dump truck loaded with asphalt mix beyond its rated capacity rear-ended a car stopped in traffic. The court held that the company that overloaded the truck was liable for the plaintiff’s injuries.
There was a failure to display a red flag.
There was a failure to have lights burning at the rear of a load of pipe.
Triangular steel girders were transported in such a manner that there was eight feet of overload extending over the center line of the highway.
Carrying a load that was stacked too high in violation of state statute resulted in its striking an overpass, dropping into the highway, and causing a collision between the other motorists.
A shipment of steel beams protruding from the rear of a tractor-trailer was not secured with the proper number of chains required by federal safety regulations and lacked either a flag or lights, as required by state law.

We have recovered millions of dollars for wrongful death and severely injured victims from truck accidents. If you have lost a family member to a truck accident or you or your family have been injured by a truck accident, please call our office for a free consultation. More Information on this website