November 30, 2008
In an alarming case of medical negligence, an Iowa woman gets a second chance thanks to the Supreme Court’s ruling that will send her case back to a lower court for proceedings.
The original suit brought by Pamela Rock alleging medical negligence in failure to diagnose breast cancer, ultimately causing the cancer to spread to her lymph nodes, was dismissed citing that it exceeded the two year statute of limitations. Ms. Rock’s attorneys, however, in their appeal were able to prove that the statute of limitations did not begin until she received her diagnosis of cancer, which was within the two year time frame of when she filed suit.
In 2002, Rock found a lump in her left breast and contacted Dr. Rose Warhank to make an appointment. She was then referred to the Center for Breast Health, where a mammogram was performed and diagnosed as “normal” by Warhank.
Rock was then asked to return for additional views of her right breast, at which point she reminded the medical staff that the lump she was concerned about was in her left breast. She was again assured that her left breast was fine.
Rock was still concerned, however, and a few months later she got a second opinion from another doctor. It was after further testing and a surgical consult that she was finally diagnosed with breast cancer. At that point, the cancer had spread to her lymph nodes.
She ultimately had to have breast tissue and six lymph nodes removed, and underwent chemotherapy. Her 2004 lawsuit claims that the medical negligence of Dr. Warhank and the Center for Breast Health caused her to undergo additional medical and surgical treatments, as well as shortened her life span.
The Supreme Court overturned the rulings of the district court and court of appeals, ruling that although the original misdiagnosis occurred in May 2002, outside the statute of limitations, her actual diagnosis of cancer occurred within the statute and she therefore has ample right to file suit.
The case will again be returned to district court to be heard.
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Posted by Dave Austin
November 29, 2008
Kathleen Immediato, the widow of a Californian man who died in a VA facility due to negligence and improper medical care recently won a settlement in her case. It’s another heartbreaking example of the growing epidemic of nursing home malpractice.
80 year old Ralph Immediato was admitted into the VA Center for Rehabilitation and Extended Care in Martinez for a 30 day respite. According to his widow, he was excited about the stay, and looked forward to meeting other veterans.
Mr. Immediato was suffering from multiple medical ailments, such as Parkinson’s disease and the beginnings of dementia. His prior health issues of a prostatectomy and urostomy put him particularly at risk for urinary tract infections, according to his wife. And that is exactly what he developed while staying at the VA.
Her lawsuit claimed that the staff at the VA failed to properly diagnose and treat the infection ultimately leading to Immediato suffering a stroke due to his weakened state. He died shortly after from sepsis.
His 68 year old widow was awarded a settlement of $40,000 of the $1 million she sued for.
This is just one of many nursing home malpractice cases that occur every day across the country. If you feel a loved one is currently or has previously been a victim of nursing home malpractice, it is critical that you consult with a medical attorney to discuss your rights.
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Posted by Dave Austin
November 28, 2008
Among the many forms of medical negligence, perhaps one of the most devastating ones is emergency room malpractice. And it happens all too often. A recent study by the Journal of the American Medical Association revealed that an astounding 225,000 people lose their lives each year due to medical negligence, attributing nearly half to emergency room malpractice.
With the extended work hours and high stress environment of ERs, it’s no surprise that errors such as the following often occur:
- Delay of treatment
- Incorrect diagnosis
- Failure to diagnose
- Prescription or dosage errors
- Lack of proper diagnostic testing
- Failure to consult specialists
Mistakes such as these can cause serious complications and even death, and can usually be avoided.
Some specific examples of emergency room malpractice include misdiagnosis of heart attacks, failure to diagnose and treat bacterial infections, and missed blood clots resulting in amputation. But there are countless other cases that have occurred, and continue to occur each day across the country.
If you feel that you have been a victim, or feel a loved one has suffered a wrongful death as a result of emergency room malpractice, you have rights. Speak with an experienced medical malpractice attorney who can help you determine the best course of action to seek justice.
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Posted by Dave Austin
November 27, 2008
Medical malpractice can be devastating to those victims and their families who have suffered as a result. Although there are many different kinds of malpractice, perhaps one of the most common is diagnosis malpractice.
Diagnosis malpractice occurs often because it is probably one of the easiest mistakes a doctor or medical professional can make. But it can also be one of the most damaging.
Failure to diagnose.
When a patient seeks medical treatment for an ailment and the doctor overlooks any or all of the exhibited symptoms, ultimately failing to diagnose the patient with the illness or disease, the results can be devastating.
Wrong diagnosis.
Many illnesses bring with them the same or similar symptoms as others, and it is a doctor’s job to properly examine every possibility until a proper diagnosis is reached. When a doctor fails to do this, the risk to the patient is that they will be treated for the wrong illness while the real culprit goes undetected and untreated. In certain cases, such as cancer, this can result in wrongful death.
Improper course of treatment.
If a doctor misdiagnoses a patient’s illness, it can result in the wrong course of treatments such as taking medication that is not needed and potentially harmful, causing further damage to the patient.
Diagnosis malpractice is a very real, very dangerous form of medical negligence that can result in devastating effects on the victims who suffer from it. Medical attorneys are experienced in determining if diagnosis malpractice has occurred, and can help victims fight for their rights. If you think you may have suffered as a result of a doctor or medical professional’s missed or wrong diagnosis, contact a lawyer immediately.
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Posted by Dave Austin
November 20, 2008
If you are a victim of medical malpractice, you have a right to pursue justice and get compensation for your injuries. Before you file, however, you will need the help of an experienced medical attorney. But with so many choices out there, what questions should you ask before you make your decision of who to hire?
Here are some things to consider when interviewing a potential medical attorney to represent you:
Does he or she specialize in malpractice law? Malpractice laws vary from state to state, and can be extremely complicated and confusing. It is crucial to the success of your case that the attorney you choose to represent you be an expert in these laws.
How long have they been practicing? Everyone has to start somewhere, but you will have a much better chance of winning your claim if you hire a medical attorney who has years of experience in practice.
How many cases has he or she successfully settled? A lawyer’s track record can speak volumes, so find out before you make your decision.
Do they have references? Nothing provides a better testimony to an attorney’s success than a satisfied client. Ask if there are any written statements from former clients that you can review.
How does payment work? Medical attorneys are usually only paid a percentage of the award their clients receive, but you want to know up front if this is the case and if so what percentage they expect to collect.
What kind of staff do they have, and will they have the appropriate time and resources to represent you? You want a medical attorney who is available to you should you have any questions or concerns, so beware of those that seem overwhelmed or understaffed.
Is he or she associated with any reputable law associations? It isn’t easy to become a member of many of these associations, so this is often a way to weed out the better attorneys from the less desirable ones.
Of course, these are just a few of the questions you can pose when interviewing a potential medical lawyer. You should feel comfortable asking him or her any other question that will help you make a decision.
You want to be successful in your malpractice claim, so be sure you properly review and choose the right medical attorney for you, so you have the best chance in getting justice.
No Comments » | Medical Malpractice | Tagged: malpractice laws, medical attorney, Medical Malpractice, medical malpractice claims | Permalink
Posted by Dave Austin
November 19, 2008
There are many myths out there that propose that insurance rates are high due to medical malpractice case payouts and that there should be limits placed on how much compensation that an injured patient receives. The reasoning behind these ideas is just that: myth.
The truth of the matter is there are many reasons why insurance rates have gone up over the years. None of them have anything to do with so-called “huge payouts” to patients. Let’s take a look at the facts.
The number of practicing doctors continues to increase, but malpractice cases have not.
Statistics show that the number of physicians in America has increased by 40% over the past two decades. This includes emergency room doctors, which have doubled in number since 1990, neurosurgeons, which have grown 20%, and OB/GYNs, who have seen a 25% increase.
On the contrary, medical malpractice cases have actually decreased since 1998.
Insurance companies themselves are often to blame for sharp rate increases.
There has long been held a theory that the insurance companies had no choice but to raise their rates because of all the huge payouts in medical malpractice claims. The fact is malpractice settlement amounts have remained relatively flat for several years. In most cases, the insurance companies have been gouging the industry all on their own.
Reduction in payouts doesn’t necessary mean reduction in premiums.
The idea that paying less to victims of medical malpractice, or putting a cap on the amount they can be awarded will somehow lower the cost of insurance premiums is inaccurate.
In fact, it is estimated that even if malpractice costs are lowered by 25-30 percent, insurance premiums would only see a subsequent reduction of half a percent.
The bottom line is, medical malpractice is not the culprit of high insurance premiums, but is a very real problem that victims have every right to seek justice for.
No Comments » | Medical Malpractice | Tagged: medical compensation, Medical Malpractice, medical malpractice cases, Medical Malpractice settlement | Permalink
Posted by Dave Austin
November 18, 2008
Several states are moving toward putting a cap on the amount a victim can receive in medical malpractice claims, a move that would be unfair and potentially devastating to the injured party.
In Illinois passed a law three years ago that limits settlements to $500,000 in cases against doctors, and $1 million against hospitals.
Those who oppose the law have brought it to the Supreme Court, arguing that these caps are too restrictive to those who have suffered debilitating injuries, and will need subsequent medical care for the rest of their lives.
The state of Nevada has a cap in place that limits pain and suffering payouts to $350,000. One victim in particular has spoken out about how this cap has negatively impacted his life.
Richard Krikalo underwent surgery in 2007 to have his retina reattached, and claims that because of negligence on the part of his doctor, is now nearly blind in his right eye, and suffers problems with depth perception and peripheral vision.
The restrictions put in place by the so-called medical malpractice reforms in Nevada in 2004 have made it nearly impossible for him to find an attorney who will even represent him. And should he locate one who can win him a settlement, the amount he would be able to collect grossly underestimates the extent of his injuries.
Placing caps on medical malpractice settlements only benefits the physicians and the insurance industry. It does an extreme injustice, however, to those who have already suffered the greatest losses: the patients.
No Comments » | Medical Malpractice | Tagged: Medical Malpractice, Medical Malpractice settlement, medical negligence | Permalink
Posted by Dave Austin
November 17, 2008
Dr. Peter H. Breen, the former head of the anesthesiology department at UC Irvine Medical Center, is being accused by California regulators of medical negligence and incompetence, in two separate cases.
The negligence claim is based on Breen’s alleged completion of anesthesiology forms prior to treatment or surgery even taking place. In one instance it was indicated that Breen noted a patient’s condition as “comfortable” and “stable”, however when this was documented the surgery hadn’t even begun.
In fact, the entire anesthesiology department has been under supervision by the state since September, when an investigation found several occurrences in which medical records about surgeries were completed by doctors before they ever happened. This all occurred while under the supervision of Dr. Breen.
Breen is also being accused of incompetence after it was discovered that he assigned an injured hospital resident to operating room duties. The resident was incapable of performing his duties due to a cast he was wearing on his left hand. Only after another doctor raised concerns about this was the resident relieved of his duties.
At this point, Breen is still practicing at the hospital, but faces the possibility of suspension or loss of his license if he is found guilty.
According to a letter from Breen in defense of the charges, he claims that no injuries resulted from the “pre-documentation” and that “with rare exception, the anesthetic record was accurate”.
Regardless of a lack of direct injury to patients under Breen’s care, and that of his staff, the potential damages that could have come as a result of this clear case of medical negligence are no less concerning.
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Posted by Dave Austin
November 16, 2008
Medical malpractice occurs when a doctor or medical professional acts negligently, resulting in injury or even death to the patient. So what can you do to avoid becoming a victim of this ever-growing epidemic? There are some preventative measures that you, as the patient, can take to protect yourself.
Be involved. Be an active participant in your health care, not just a passive one.
Ask questions. Never be afraid to voice your concerns or ask about something you don’t understand.
Be vocal. Make sure all your physicians are aware of other prescriptions you are taking to avoid possible negative drug interactions.
Understand your medications. Know what the dosage is, what it is prescribed to treat and what the possible side effects are.
Verify, verify, verify. Don’t just assume your pharmacist filled your medication properly. Studies have shown that nearly 90% of medicine errors involved the wrong drug or improper dosage.
Do your research. If you are planning to have surgery, be sure your surgeon has experience performing the procedure, and that it is regularly performed at the hospital that the operation is to take place.
Get a second opinion. It’s always best practice to be sure of a diagnosis and course of treatment before it begins. This avoids misdiagnosis or mistreatment of illnesses, a common cause of medical malpractice claims.
Be an advocate. Nobody knows your body better than you. Don’t just take a doctor’s word for something. Speak up if you feel you are not being heard, and seek treatment elsewhere.
Appoint a friend or family member who will speak for you when you are unable to do so.
Unfortunately there is no way to guarantee that you won’t ever become a victim of medical malpractice, as it is ultimately in the hands of the medical professionals who treat you. However, by following these simple things you can protect yourself making it much less likely to happen to you.
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Posted by Dave Austin
November 14, 2008
The term medical malpractice is a somewhat general term which can be applied to many different situations in numerous medical settings. By definition, medical malpractice refers to the failure of a doctor or other medical professional to properly care for a patient, resulting in their injury or death. But what are the different types of malpractice that are commonly litigated?
Malpractice claims can range from the simplest of procedures to complex surgeries, and anything in between. Some examples include:
- Missed diagnosis
- Mistreatment of injury of disease
- Prescription errors
- Anesthesia errors
- Surgical mistakes
- Failure to properly observe or monitor a patient
- Emergency room errors
- Obstetrical errors
And anything else that occurs at the hands of a negligent medical professional and causes harm.
Some common medical malpractice cases that have been successfully settled on behalf of the injured patient include:
- Wrong side surgery
- Unnecessary surgeries
- Sponges or surgical instruments being left in the body
- Puncturing an organ, nerve or artery in error during surgery
- Failure to monitor fetal distress in childbirth, resulting in brain injury
- Intentional harm of a patient
- Failure to properly diagnose symptoms of a disease or condition (such as heart attack or cancer)
- Improper surgical techniques
- Prescribing the wrong medication or incorrect dosages
- Failure to properly observe and monitor post operative patients for infections
- Improper use of anesthesia
As you can clearly see, medical malpractice may be a general term, but it encompasses many unique situations. Anyone who has suffered from any of the above incidents, or has suffered harm at the hands of a medical professional that is not listed here, should seek the counsel of an experience medical malpractice attorney to get justice and compensation for their injuries.
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Posted by Dave Austin
October 8, 2008
Ok, so you’re a victim of medical negligence, and have hired an attorney who helped you to win a malpractice suit against the doctor who was negligent. What now? What type of medical negligence compensation can you expect to receive now that you’ve successfully proven your case? First you have to understand the different types of medical negligence compensation and what each is comprised of.
There are two categories that make up medical negligence compensation: compensatory damages and punitive damages. Compensatory damages are easier to prove, because they involve actual economic, or monetary, damages. Things like lost wages due to a malpractice injury, medical expenses incurred from the injury and expenses for life care required after the event, are all considered compensatory in nature because they have an actual price tag associated with them. You can easily prove lost wages by supplying documents such as pay stubs and employment records. And you will most likely already have medical and hospital bills to substantiate the costs incurred from the injury in question. It is also relatively easy to provide the court with evidence to show how much certain life care requirements will cost you, by producing estimates obtained from the vendors or businesses you will be hiring to provide you with such care. (Life care requirements include anything from the use of equipment such as wheelchairs, to the necessity of adding ramps to your home to make it more accessible, to hiring long term caregivers to assist you in your day to day life.) All of these things make up compensatory damages and are figured in to your medical negligence compensation. Keep in mind that compensatory damages can also be assessed both for past and future losses.
Punitive damages are also considered when determining the amount of your medical negligence compensation, but they are more difficult to prove because they are subjective. Things like emotional and psychological distress caused by the injury, and a reduction in the quality of someone’s life, are considered punitive in nature because they are non-economic. In order to have these types of damages included in your medical negligence compensation, you must be able to prove wanton or reckless conduct on the part of the medical practitioner who acted negligently. Obviously, this is much more difficult than proving compensatory damages.
The amount of medical negligence compensation awarded can be quite substantial; much more significant than settlements in other types of tort cases. You have also have to remember that most medical negligence attorneys are paid from the settlement you receive in your suit, as they are usually not paid upfront for their services. The portion that they take varies depending on the rate set by each attorney. You should know that statistically speaking, a much smaller percentage of claims involving medical negligence are awarded a settlement than that of regular tort claims; however the amount of compensation received is significantly higher in malpractice claims. There is no way to know ahead of time, however, how much medical negligence compensation you will receive if you are successful in your lawsuit. The amount is ultimately determined by the mediator or judge presiding over the case, depending entirely on the injury and subsequent damages incurred.
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Posted by Dave Austin
October 9, 2008
Medical negligence, or malpractice, occurs when a doctor or medical professional fails to provide adequate care or treatment to a patient, directly resulting in injury and damages to that patient. The laws governing medical negligence are complex and can be extremely confusing, so it is crucial that you hire a medical negligence lawyer to represent you if you want to be successful in your claim. Medical negligence lawyers specialize in malpractice claims, and are very familiar with the laws in your area regarding such lawsuits.
Medical negligence lawyers will be able to tell you right away if your case is actionable and worth pursuing. If it is determined that you do have a legitimate malpractice claim, your attorney will assist you in preparing your case every step of the way. He or she will help you to gather the needed evidence to prove medical negligence occurred, which is crucial in winning a malpractice lawsuit. Your attorney will also most likely consult with third party medical experts to substantiate the negligence claim and bolster your chances of success.
Once your evidence is in order, your medical negligence lawyer will file the required notice with the health care professional in question, to advise them of the pending suit. The doctor or practitioner will then compile their own case and respond with either an immediate offer to settle, an admittance of fault to be settled through arbitration, or a denial. If the doctor involved denies that he or she was negligent, the case will go to either mediation or trial. Here is where it is most critical to have the representation of an experienced medical negligence lawyer on your side. He or she will know the law and exactly which way to present your case to a mediator or judge.
If you have been the victim of medical negligence, you have the right to fight back! But you should never try to do so alone. Hiring an experienced medical negligence lawyer will ensure you the guidance and representation needed to successfully win your suit.
No Comments » | Medical Malpractice | Tagged: medical malpractice lawsuit, medical malpractice lawyer, medical negligence | Permalink
Posted by Dave Austin
October 10, 2008
Every patient who visits a doctor or medical professional deserves fair and ethical treatment. Unfortunately, this isn’t always the case and mistakes occur. Claims of doctor negligence is becoming more and more common these days, so it’s important that you understand what it is and how to deal with it. You are a victim of doctor negligence when a medical professional fails to act with the proper standard of care with which other doctors in the same field would act, resulting in injury and damages to you.
Keep in mind, though, that not every medical mistake constitutes doctor negligence. If you visit a doctor or medical professional and they take appropriate measures to diagnose and treat you, such as running tests and consulting with specialists, but you still have medical complications or are misdiagnosed, then a medical or doctor negligence case will be difficult to prove.
Doctor negligence comes into play when the physician in question blatantly or knowingly fails to act in an appropriate way to diagnose or treat their patient. This failure to exercise due care must then result in damages to the patient, either financial or emotional, in order to bring a negligence suit against the doctor.
If you feel that you have been a victim of doctor negligence, and your situation meets the criteria above, document everything that happens to you and all of your interactions with the doctor in question. You will need as much proof as possible to win such a case should it end up going to court. The next step is to hire a lawyer. But make sure that the lawyer specializes in doctor negligence cases, because these types of lawsuits can be complex and confusing. Your attorney can advise you whether or not you even have a negligence case, and if so, he or she will assist you in gathering the appropriate evidence to prove your claim.
There are three possible outcomes cases of doctor negligence. The first is that the medical practitioner in question will settle the case and offer you a monetary payment not to move forward with the lawsuit. The second option is that the doctor will admit fault and request that a settlement be decided in arbitration. And the last option is that the doctor completely denies any negligence on his or her part. If this happens, your case of doctor negligence will then go either to mediation or to court, to be decided by a judge.
If you end up in mediation or court, are successful and you are rewarded compensation, the settlement can be quite substantial. Settlements in doctor negligence cases include both compensatory damages, such as lost wages and medical expenses, and punitive damages like emotional or psychological damage directly related to the injury. Punitive damages, however, are harder to prove.
Regardless of the situation, it is absolutely critical to have an experienced attorney representing you in your doctor negligence case. You will have a much better chance of successfully winning your case if you do.
No Comments » | Medical Malpractice | Tagged: doctor negligence, medical malpractice lawyer, medical negligence | Permalink
Posted by Dave Austin
October 11, 2008
Hospital malpractice involves any type of medical negligence that happens in a hospital. It can be charged against any member of hospital staff, not just doctors. This means that hospital malpractice can also be caused by nurses, technicians and even pharmacists. Basically any member of a hospital’s staff could be held liable in a hospital malpractice suit.
So what constitutes hospital malpractice? It can include:
- Error in medication type or dosage
- Failure to properly treat an illness or condition
- Failure to order appropriate diagnostic tests
- Birth injury, trauma or death, due to medical negligence
- Failure to adequately monitor or stabilize a patient’s condition
- Unnecessary or unauthorized surgical procedures
- Erroneous treatment of a diagnosed illness
- Inappropriate or incorrect use of anesthesia
- Failure to consult with a specialist
- Inappropriate administration of drugs
In order to prove a case of hospital malpractice, it is necessary that you establish two key facts. First, you must prove that the hospital staff failed to act with the appropriate standard of care that other reasonable professionals in the same field would provide, and second that that failure resulted in direct personal injury to you.
There is a specific window of time in which a claim can be filed, and that statute of limitations is usually relatively short, so time is of the essence in a case of hospital malpractice. It is also sometimes required that a document called an expert affidavit be obtained, which is written and signed by a hospital expert, substantiating that malpractice did occur and that it was the direct cause of damages suffered by the claimant.
Hospital malpractice claims are extremely complex and can be quite time consuming, so it is critical that a lawyer be retained who specializes in these types of cases. If the appropriate evidence is there, and your attorney is able to successfully prove your case, hospital malpractice settlements can be quite substantial. This will certainly help you work toward putting your life back together after suffering personal injuries and damages.
No Comments » | Medical Malpractice | Tagged: hospital malpractice, Hospital malpractice claims | Permalink
Posted by Dave Austin
October 12, 2008
A new study has revealed a shocking statistic about pediatric errors: nearly 50 percent of doctors surveyed said they’d be unlikely to admit a mistake to the child’s family. The reasons pediatricians cited for not wanting to disclose a medical error included:
- Fear of medical malpractice lawsuits
- Shame and embarrassment
- Lack of professional support and long-term repercussions
This demonstrates that more needs to be done with regard to acknowledging, preventing and dealing with medical errors, particularly where children are concerned.
Children and infants are especially vulnerable to mistakes, and medical errors involving the pediatric population can have long-term or life-threatening consequences. In fact, cerebral palsy is a condition sometimes caused by medical mistakes.
Statistics on the incidence of pediatric errors may not reflect reality, given that doctors are not always forthcoming about their mistakes and so they tend to be underreported. However, some statistics suggest that medication errors are a problem in the pediatric community, occurring in about 6 percent of hospitalized children.
This latest study is published in the October issue of Archives of Pediatrics & Adolescent Medicine.
No Comments » | Medical Malpractice | Tagged: cerebral palsy, Medical Malpractice, pediatrician errors | Permalink
Posted by Dave Austin
October 14, 2008
Being the victim of a doctor’s negligence can be a frightening and emotionally devastating experience. Not to mention the physical damages. Anyone who has suffered at the hands of a negligent physician should know their legal rights to seek compensation for what has occurred. The first step in doing this is to seek legal advice and representation by someone who specializes in these types of cases. But how do you choose the right medical negligence attorney?
- First, do your homework. Don’t just blindly pick a name out of the phone book. Remember, this is your health and wellbeing that you are defending. You need to be sure that the person you choose to represent you is experienced and well versed in medical negligence law. Ask people you know and trust if they can refer you to an attorney they have used in the past. If you can’t get a referral, at least research the potential lawyer’s background to be sure you’re hiring someone who is reputable and capable of being successful in your claim.
- Shop around. Don’t feel funny about interviewing a few different candidates before you make your decision. There are a lot of medical negligence attorneys out there, with different styles and personalities. It’s important that you feel comfortable with the lawyer you choose, because you will be spending a good amount of time working with them on your case.
- Ask for references. Nothing will give you a better idea of just how good a medical negligence attorney is than hearing the testimonies of people for whom they have successfully won negligence claims. Obviously there are laws that protect lawyer and client confidentiality, but many successful attorneys have obtained permission from some of their previous clients to use them as a reference, so just ask.
- Be sure you understand, up front, how your lawyer expects to be paid, and what amount. Most medical negligence attorneys don’t collect a fee until after they successfully win the lawsuit. Usually, a percentage of whatever compensation you are awarded is paid to your attorney and you retain the remainder of the settlement. You should ask up front if this is how your attorney is normally compensated, and specifically what percentage you should expect that he or she will take from your settlement. It’s important to know this ahead of time so there are no surprises after the fact.
- If you feel you’ve chosen wrong, you still have rights. Just because you’ve hired an attorney doesn’t mean you’re stuck with them. If you feel that you’ve made the wrong choice, or you don’t feel your lawyer is showing your case the attention it deserves, you have the right to find someone else to take over your case.
The job of picking a medical negligence attorney can seem overwhelming, but it doesn’t have to be. Know your rights and exercise them. Choose your representation carefully, and with discretion and you’re much more likely to be successful in winning your case.
No Comments » | Medical Malpractice | Tagged: Medical Malpractice, medical malpractice lawyer, medical negligence, medical negligence attorney | Permalink
Posted by Dave Austin
October 15, 2008
If you’ve been a victim of a doctor’s negligence, you have a legal right to file a lawsuit against that doctor and seek compensation for your injuries. But how do you make sure you’re successful in your medical malpractice claim? Here are some tips to help you be better prepared.
- Document everything. From the moment you realize your doctor has acted with negligence, begin preparing a file of your case. Keep records of things such as the dates of your doctor appointments, the paperwork you obtain from said appointments, and any further documentation you obtain from other physicians that treat you after the incident. The more evidence you have, the better chance you have of being successful, so keep a detailed paper trail.
- Act swiftly. Most states impose a medical malpractice statute of limitations, limiting the amount of time a victim has to bring a lawsuit against the negligent doctor or hospital. In some states this time frame is as short as one year, so time is of the essence. Typically, the clock starts ticking as soon as the incident occurs, so don’t dilly dally with your claim. File as soon as you can to increase your chances of victory.
- Hire an experienced attorney to represent you in your claim, one who specializes in medical malpractice claims. This is critical because you will need to have someone fighting for you that knows and understands the law and how to present your particular case. Don’t just pick the first attorney that comes along. Interview a few, and get an idea of their track record before you choose one that is right for you. Remember, you should always feel completely comfortable talking with your lawyer, and he or she should give your case the attention it deserves.
- Once you’ve chosen a lawyer, be sure to work closely with him or her to obtain all the required medical documentation needed to build your case. Make yourself available to your attorney and answer any questions that they may have for you. The more your lawyer knows about you and the details of your case, the more likely it will be that you will win your medical malpractice claim.
- Have as much proof of your damages as possible. If your case goes to court, the judge presiding over the case is going to want to see proof that you have indeed suffered a loss, particularly financially. It’s critical to the success of your case that you be prepared with all the proper documentation. For example, if you are claiming lost wages, be sure you come to court prepared with copies of your pay stubs. The more you have, the better off you’ll be.
Medical malpractice claims can be difficult to prove and every case is unique, but by following the tips provided here, like hiring a reputable attorney and being prepared, you are much more likely to be successful and win a settlement in your claim.
No Comments » | Medical Malpractice | Tagged: Medical Malpractice, medical malpractice lawsuit, medical malpractice lawyer | Permalink
Posted by Dave Austin
October 16, 2008
Statistics show that cases of doctor negligence are on the rise, so it’s not surprising that medical malpractice lawsuits are increasing steadily as well. Chances are good that you or someone you know will, at some point, be part of such a lawsuit, so knowing what they are and understanding how they work is important.
The first step in filing a medical malpractice lawsuit is hiring an experienced malpractice attorney. He or she will gather the medical documentation and send notice of the claim to the medical professional in question. If the doctor chooses not to admit fault and settle the claim, your attorney will file a case in your jurisdiction and you will be assigned a date on which a trial will be held in front of a judge.
Prior to the date of the trial, both your attorney and the doctor’s defense attorney will share information relating to the case. This process is referred to as discovery. Typically depositions, interrogatories and documentation requests all occur during the discovery period. In medical malpractice lawsuits, often times the parties will be able to come to an agreement and a settlement will be offered. If this does not happen, however, your lawsuit will move on to the trial phase.
In court, you (also known as the plaintiff) have the burden of proving your case. Your attorney will present evidence including medical records, statements from independent experts, documentation and may even call witnesses to testify on your behalf. The doctor (or defendant) will also have the opportunity to present evidence in the hopes of proving that they did not act negligently.
After both sides have finished presenting their cases, it will be up to the judge or jury to weigh the evidence, consider what they’ve been presented with, and decide whether malpractice truly occurred. Once a verdict is rendered, the defendant will be found either guilty or not guilty.
If the defendant is found not guilty, he or she will be absolved of all wrongdoing. If a guilty verdict is handed down, however, the trial will move on to the final phase, and you will be awarded a settlement amount determined by the judge presiding over the case.
Keep in mind that both sides have the right to appeal the verdict once the case is concluded.
With more and more doctors today being under trained, over worked and financially squeezed by insurance companies, it’s no wonder mistakes are being made that are causing serious injury or even death to innocent patients. If you or someone you know has been the victim of negligence on the part of a doctor or hospital, know your rights. Hire a reputable attorney to represent you, and file a medical malpractice lawsuit immediately. You have a right to fight back and win.
No Comments » | Medical Malpractice | Tagged: doctor negligence, medical malpractice attorney, medical malpractice lawsuit | Permalink
Posted by Dave Austin
October 17, 2008
Medical malpractice occurs when a doctor or medical practitioner acts with negligence when treating you and in doing so causes you physical or emotional damages. When this occurs, you have the legal right to seek compensation from that doctor, however you only have a certain amount of time to do so. The time frame in which you can pursue legal action is referred to as the medical malpractice statute of limitations, and it’s very important that you understand what this timeframe is and how it works if you are a victim of medical malpractice.
Typically the medical malpractice statute of limitations varies, depending on the state in which you reside. For example, a person who has suffered injury do to a doctor’s negligence in Pennsylvania generally has two years from the date of the incident to file a lawsuit and seek compensation. Other states may have longer time frames, and yet others have shorter ones. It’s critical that you find out the statute of limitations that your state imposes as soon as you determine you are going to seek legal action.
As with any rule, however, there are exceptions. One such exception to the medical malpractice statute of limitations is called the “discovery rule”. This occurs when a doctor makes a mistake but the symptoms or negative affects to the patient don’t make themselves known until quite a bit later. In situations such as this, the patient isn’t necessarily held to the state statute of limitations because they were not aware of the incident and subsequent damages until after or well into the allotted time frame. States typically still put a cap on the length of time that a patient is allowed to file a lawsuit to prevent frivolous claims.
It’s important that you not rely on the possibility of falling back on the discovery rule. It’s much more difficult to prove and can make your case that much harder to win. Your best bet is always to act quickly and file your claim well within the medical malpractice statute of limitations; the closer to the incident that you begin legal action the better. Remember, the clock starts ticking almost immediately, as soon as the negligence or injury occurs, so don’t delay in taking action.
Knowing your rights is crucial in being successful in a medical malpractice suit, so that’s why it’s good to speak with a lawyer who specializes in negligence cases. He or she will know the law in your state and be able to explain your options and rights to you so that you fully understand and are prepared should you end up in court over the matter. Your attorney will closely examine your case and determine whether you meet the medical malpractice statute of limitations, and if not, whether you meet the criteria for the discovery rule.
The bottom line is when it comes to medical negligence time isn’t necessarily on your side. You must be diligent and fully aware of how the law works in your state so that you act well within the medical malpractice statute of limitations in order to be successful in your claim.
No Comments » | Medical Malpractice | Tagged: doctor negligence, medical malpractice lawsuit, medical malpractice statute of limitations, medical negligence attorney | Permalink
Posted by Dave Austin
October 21, 2008
Years after Shawn Luera sued two Chicago-area medical groups for physician malpractice, he will finally receive $10.2 million in compensation for his injuries. Luera, a 33-year-old father of two, suffers from severe disability because of a stroke he suffered after several doctors failed to diagnose an infection in his heart.
A year prior to his stroke, Luera was diagnosed with a heart valve condition that carried an increased risk of a bacterial heart infection known as endocarditis. Despite obvious symptoms of the infection, it was missed by doctors on five separate occasions.
Leura had a stroke when bacteria from the infection traveled to his brain. Once a successful businessman, he now suffers from a variety of health complications, including seizures, communication difficulties, and paralysis in one hand.
“The stroke robbed Shawn of the personality and skills that made him so successful in business and in life. The warning signs were there, but the doctors missed them,” Leura’s attorney said.
No Comments » | Medical Malpractice | Tagged: medical imalpractice lawsuit, medical negligence, physician malpractice | Permalink
Posted by Dave Austin
October 22, 2008
Have you suffered at the hands of a medical professional? Do you have physical or emotional injuries due to a doctor’s negligence? If so, you could be a victim of physician malpractice, and you have a legal right to fight back and be compensated.
Physician malpractice occurs when a medical professional fails to provide a patient with adequate medical care, subsequently causing that patient undue harm and injuries. In the medical world there is a certain standard of care with which physicians are expected to act. When a doctor or medical professional acts outside of this standard of care, he or she can be considered negligent and may be guilty of physician malpractice.
If you feel that you have been a victim of a doctor’s negligence, the first thing you should do is document everything. Keep a detailed paper trail of all interactions with the physician in question, as well as any additional follow up treatments you may receive from another doctor or medical professional relating to your injury. The more information you have the better chance you will have of being successful in winning your claim.
It’s important that you have an experienced physician malpractice attorney to represent you. They know the law in detail, and are experts in fighting these kinds of cases. Your attorney will work with you to obtain as much evidence as possible, including medical records and expert witness reports to back up your claim. He or she will represent you if you go to court, presenting your evidence, calling expert witnesses to testify on your behalf, and arguing your case to fight for your legal rights.
In order to be successful, your case will have to be strong enough to prove that the physician in question truly acted with negligence. It must be evident that you did not receive the care you should have, and as a result, you suffered significant injury and damages. Every doctor makes mistakes, so your lawyer will have to proven that what caused your injury was a clear case of physician malpractice. This isn’t always easy to do, which is why you need an experienced attorney to represent your case.
If your case is successful, the judge will award you monetary damages to compensate you for your injuries. Once again, you must have evidence of these damages, such as lost wages or medical bills. In some cases of physician malpractice, judges will even order punitive damages, which are not economic in nature, but instead based on mental or emotional suffering. Your attorney is normally compensated from an agreed upon percentage of whatever amount you are awarded in your claim.
Physician malpractice is a serious matter, and one in which you should know your rights, and fight for them. By documenting your evidence well and hiring expert representation, you will have a much better chance of being successful in your claim.
No Comments » | Medical Malpractice | Tagged: doctor negligence, Medical Malpractice, medical malpractice lawyer, physician malpractice | Permalink
Posted by Dave Austin
October 23, 2008
If you have been a victim of medical malpractice, you should know that you have legal rights and should consult with an experienced attorney to discuss these rights. Often times in these types of cases, a settlement between the physician in question and the patient cannot be reached, therefore they end up in court. If you are preparing to head to court in such a case, you should know exactly how medical lawsuits work, so that you can be prepared ahead of time for what to expect.
Medical lawsuits are made up of a plaintiff and a defendant. In these cases the plaintiff is the patient bringing the lawsuit and the defendant is the physician who is being accused of negligence. Sometimes there are multiple defendants, such as a doctor’s entire staff, and even whole institutions.
In cases where the patient in question is deceased and a wrongful death suit is being brought before the court, the plaintiff is typically the person who has been named executor of the decedent’s estate, or a family member.
Prior to the trial, both the plaintiff and the defendant exchange information and documentation, usually between their attorneys. This period of time is referred to as discovery. It is during this time that both sides begin to prepare their cases.
Your attorney will gather as much documentation as possible to help prove your medical lawsuit. He or she will get your detailed medical records and any other pertinent information that can be used to solidify your claim.
During the trial, both sides have the opportunity to present their evidence to the judge or jury. Often, expert witnesses will be called to testify for either side, as to the legitimacy of the claim and evidence presented.
The goal in a medical lawsuit is to successfully prove that the doctor or medical practitioner in question acted with negligence. Once this is proven, the next step is for the plaintiff’s lawyer to prove the injury to the patient. This injury can either be physical or mental/emotional. Obviously, emotional damages are more difficult to prove.
After all the evidence and testimony is heard, the jury or the judge (depending on what type of trial it is) will spend some time reviewing both sides of the case and weighing the evidence. A decision is then made as to whether the defendant is guilty or not guilty of the medical lawsuit charges.
If a guilty verdict is returned, the case will move on to the last phase: compensation. The judge will review the evidence of loss provided by the plaintiff, such as medical bills and lost wages, and determine a suitable amount of compensation. The defendant is ordered to pay whatever the judge determines is a fair amount
No Comments » | Medical Malpractice | Tagged: doctor negligence, medical lawsuits, Medical Malpractice, medical malpractice lawyer | Permalink
Posted by Dave Austin
October 24, 2008
When most people think about medical malpractice, they think of doctors or hospitals that cause injury through negligence. A lesser known form of negligence, however, is that of therapist malpractice. Although not as talked about, it is just as important as any other claim of malpractice. Here are some examples of what constitutes therapist malpractice.
Insufficient note taking. Critical to the proper care and treatment of a therapy patient is proper note taking and documentation. Just like physicians have medical charts and records, so should a therapist keep a record of all things discussed as well as subsequent treatments. Failure to do so can make it difficult to determine a proper course of treatment and can therefore lead to improper diagnoses.
Failure to gather adequate patient history. Going hand in hand with insufficient note taking, not obtaining a detailed and accurate medical and psychological history is a recipe for disaster and can easily lead to a case of therapist malpractice.
Undocumented or inadequate documentation of sessions held outside the office. It is crucial that therapists maintain a strictly professional relationship with their patients. Conducting sessions outside of the office can create the appearance of impropriety and invite inappropriate behavior.
Not acting with appropriate standard of care. Just like medical doctors, there is an industry wide standard of care with which all licensed professionals are expected to act. Acting inappropriately or outside this standard often leads to a therapist malpractice case.
Unquestioningly accepting what a patient says. There’s a reason why people choose to see a therapist. The licensed person that they choose should never just take their word for it when discussing history, behavior, diagnoses and treatments. A therapist who fails to execute common sense in this way is opening themselves up to make mistakes, misdiagnoses or mistreatments, ultimately leading to a malpractice lawsuit.
Deliberate wrong diagnosis. Obviously this doesn’t need much explanation. A therapist who deliberately gives an incorrect diagnosis to a patient is acting in pure negligence.
Using techniques without adequate training. There is little difference between a doctor or nurse practicing without proper training and a therapist doing the same. All are licensed professionals charged with the care and treatment of patients. It is a clear case of therapist malpractice if he or she is practicing in their field without adequate training.
Forming business relationships with clients. Once someone becomes a patient of a therapist, their relationship should remain strictly doctor/patient. A therapist should never engage in any business ventures or agree to share profits with a patient.
Sexual relationships with clients. A common cause of therapist malpractice suits, sexual relations between a therapist and his or her patient are strictly prohibited. Under no circumstances is this ever ok.
As you can see, there are many ways in which a person can become a victim of therapist malpractice. If you think you may have experienced one or more of these things with your therapist, contact an experienced attorney immediately. You have legal rights, and you should exercise them.
No Comments » | Medical Malpractice | Tagged: medical malpractice lawsuit, medical negligence, therapist malpractice | Permalink
Posted by Dave Austin
October 26, 2008
Years ago nurses played a much less visible role when it came to medical care, and doctors handled more when it came to the treatment of patients. Nowadays that role has shifted significantly, with nurses taking a much more hands on approach and handling many of the duties that doctors used to be responsible for. It only stands to reason, then, that with this increase also comes a rise in cases of nurse malpractice.
Malpractice in general occurs when a licensed medical professional fails to perform with reasonable standard of care and as a result of their negligence a patient is injured, either physically, mentally or both.
Some examples of nurse malpractice include:
- Errors in documentation
- Failure to treat
- Improper use of a medical device
- Failure to report changes in the condition of a patient
- Not obtaining proper patient consent
- Negligence during child birth
There is currently a shortage of nursing professionals in the United States, which inevitably leads to those who are on the job being overworked. Shifts are often longer than they should be, and nurses aren’t getting the proper rest they need to be alert and attentive when performing their duties. This often leads to medical mistakes that can cause serious harm to the patient.
Another problem facing the nursing industry today, stemming from the shortage in their field, is that many nurses currently practicing medicine are often under qualified. The high demand often leads to lack of training and corners are cut due to lack of time and resources. This is a recipe for disaster for the patients seeking care from these untrained professionals.
Nurse malpractice is no less significant than any other form of medical negligence, and should be taken just as seriously. Any time a medical professional causes harm to a patient through an act of negligence, he or she should be held accountable.
Of course, there are many situations that could be contrived as nurse malpractice, and every case is unique. If you feel you’ve been a victim, it’s a good idea to discuss it with an attorney who is experienced in nurse malpractice cases. He or she will review your situation and determine whether or not you have a valid claim.
No Comments » | Medical Malpractice | Tagged: medical negligence, nurse malpractice | Permalink
Posted by Dave Austin
October 27, 2008
There are certain codes of ethics by which medical professionals must conduct themselves and their practices. It is often these ethics that patients can use to measure whether or not they have been a victim of medical malpractice due to the negligence of their doctor or medical practitioner.
The ethics that a doctor must abide by are often referred to as standard of care. When a medical professional is treating a patient, it is required that they use the same standard of care that another doctor would use if faced with the same situation. It is when this standard of care is neglected that cases of malpractice arise.
Not every mistake made by a doctor or nurse can be considered malpractice. They must have acted in a negligent way, such as a willful misdiagnosis, and their actions have to have subsequently caused the patient injury or harm.
Patients put their trust in the medical professionals they seek treatment from, believing that their best interests will be taken into account and they will receive the proper care they deserve. Unfortunately, when a doctor does not follow the ethical code he or she is expected to uphold, this trust is broken and the patient suffers.
Every state has laws governing malpractice cases, and providing recourse to those who are victims. Patients who feel they have suffered at the hands of a medical professional have the legal right to bring a lawsuit against the doctor in question.
There are attorneys who specialize in medical malpractice claims, and are experts at pursuing such cases. They will know right away whether or not someone has a legitimate claim, and if so, will take the appropriate steps to get compensation for their client.
Often malpractice cases are settled without having to go to court. Other times a trial is necessary. There, evidence will be presented and witnesses called to testify for both the plaintiff (the patient) and the defendant (the doctor), and either a judge or jury will decide whether or not the case has been proven.
If the medical professional is found guilty of medical malpractice, he or she is usually ordered to pay a certain amount of money to the victim. This settlement amount typically includes compensation for lost wages, medical bills and pain and suffering. It is meant to both make the patient whole as well as punish the doctor in question.
Medical malpractice occurs more often than many people realize, and it is something to be taken very seriously. Anyone who feels they have been a victim of a doctor’s negligence should exercise their legal rights and pursue compensation for their injuries.
No Comments » | Medical Malpractice | Tagged: doctor negligence, Medical Malpractice, medical malpractice claims | Permalink
Posted by Dave Austin
October 28, 2008
Everyone has heard of the term medical negligence at some point, but do they truly know what it means?
When a doctor or medical professional fails to provide a patient with proper care and treatment, causing the patient to suffer injuries and pain, he or she is considered to have acted with negligence. But not every situation is clear cut. Just because a doctor makes an error, doesn’t necessarily mean he or she was negligent. To follow are a few examples of what is considered medical negligence.
Failure to Diagnose. It is a doctor’s duty to follow every possible avenue of diagnosis when treating a patient. They should listen carefully to their patient’s symptoms, and practice appropriate care in researching and testing for possible medical conditions. If necessary, doctors should consult with specialists when a patient exhibits symptoms that are outside of their realm of expertise. Failure to do these things often results in a missed diagnosis. Failure to diagnose can result in lack of necessary treatment which could lead to worsening of conditions or even death. It is an especially egregious case of medical negligence when the condition is of a time sensitive nature, such as cancer or heart disease.
Wrong Diagnosis. When a physician does not give a patient the appropriate time and attention, and rushes to make a diagnosis, it is often incorrect, resulting in a clear case of medical negligence. Often different medical conditions exhibit similar symptoms, so it is critical that when treating a patient, a doctor ask the right questions, pay close attention to what the patient has to say, and look at the big picture. Whenever there is a question, multiple tests should be run to rule out the different possibilities and ultimately obtain the proper diagnosis. A rush to decide on what the condition is, and not pursuing all possible avenues can lead to a patient’s illness being wrongly diagnosed.
Improper Treatment. When a patient’s condition is misdiagnosed, then the subsequent course of treatment prescribed is also incorrect. This can lead to further medical damage because certain medications should not be taken unless absolutely necessary to treat an illness. If the patient doesn’t suffer from such an illness, the negative effects of the medication can cause unnecessary harm.
And all three of these examples of medical negligence go hand in hand with one another. Improperly diagnosing a patient’s condition could also constitute failure to diagnose because by concluding a patient suffers from something they do not, their real condition goes undiagnosed and therefore untreated. And obviously when an illness is misdiagnosed, the patient also becomes a victim of improper treatment.
Of course, there are countless other types of medical negligence besides the three provided, but this should give a good idea of the difference between simple mistakes and negligence.
No Comments » | Medical Malpractice | Tagged: failure to diagnose, medical damage, medical negligence, wrong diagnisis | Permalink
Posted by Dave Austin
October 30, 2008
With cases of medical malpractice increasing every year, so is the number of medical attorneys specializing in such cases. It’s obvious that these attorneys are trained to represent their clients and find a way within the law to win their claims, however there are also certain duties that they are expected to perform.
The first duty of a medical attorney is to know the law. Most of us do not understand the complexities of medical malpractice laws, which is why we seek representation of an experienced lawyer. It is critical to their patient’s success that these attorneys understand the intricacies of the statutes in their jurisdictions.
Next, medical attorneys have the duty of determining whether or not a claim brought to them by a patient is legitimate. They must know what type of evidence is needed, and whether such evidence is sufficient to prove a case of malpractice. Most states impose fines for frivolous lawsuits, so medical attorneys need to know beforehand whether a case is worth pursuing.
Because most medical attorneys only receive compensation for their work when they successfully win a settlement for their clients, they have the duty of bearing the financial burdens incurred before and during the trial. Unfortunately, these types of cases can often drag on for months, even years, so medical attorneys must be prepared to pay all required out of pocket expenses related to the case until the case concludes.
There is a certain duty imposed on medical attorneys to weigh all the evidence and decide whether a trial is worth it or if the patient would be better off settling the case out of court. Sometimes the patient will receive significantly less by choosing to settle, however the medical attorney may feel that the case is not strong enough to be successful in a trial. It is their duty to properly analyze each case and make the appropriate recommendation to the client.
Finally, medical attorneys should be expected to have some knowledge of the medical profession. Particularly since they will need to speak with experts and read medical reports and records to properly prepare and present a case. It’s also a good idea, whenever possible, for less experienced lawyers to seek the advice of more seasoned attorneys in their field to be sure they are properly representing their clients.
Medical attorneys should be expected to perform all of these duties in order to be successful in winning a malpractice claim.
No Comments » | Medical Malpractice | Tagged: medical attorneys, Medical Malpractice | Permalink
Posted by Dave Austin
October 31, 2008
Medical malpractice lawsuits abound in the United States today. Many blame the problem on lack of training and insufficient staff in the medical field, but whatever the reason the statistics associated with these lawsuits are rather alarming.
According to the Bureau of Justice Statistics, based on suits occurring in the 75 largest counties in the US,
- 90% of all medical malpractice lawsuits are brought by patients who have suffered permanent injury, or by those representing someone who has died as a result of malpractice.
- The Bureau of Justice Statistics also reported that almost half of all medical malpractice lawsuits filed in the US are brought against surgeons.
- Nearly 33% of medical malpractice lawsuits are attributed to non surgeons.
- The success rate of medical malpractice suits is only nearly a quarter of the total number filed. This is a much lower percentage of success than other tort cases, however the amount of compensation awarded in malpractice cases is significantly higher.
The Journal of the American Medical Association (JAMA) produced an article highlighting these medical malpractice lawsuit statistics, with regard to patient deaths:
- 106,000 patients die each year from the negative effects of medication
- 80,000 patients die each year due to complications from infections incurred in hospitals
- 20,000 deaths per year occur from other hospital errors
- 12,000 people die every year as a result of unnecessary surgery
- 7,000 medical malpractice deaths per year are attributed to medication errors in hospitals
This totals up to 225,000 deaths each year, due to medical negligence of some nature. And that number is ever growing.
In 2006, a report was produced by the Institute of Medicine of the National Academies, in which it is stated that medication errors are one of the most common medical mistakes, causing injury or harm to at least 1.5 million people every year.
With numbers like this, it’s no wonder medical malpractice lawsuits are on the rise. Patients are exercising their rights under the law and holding the medical field accountable for their actions. If you feel you are one of these victims, you should sit down with a lawyer who is experienced in medical malpractice lawsuits to help you pursue justice in your claim.
No Comments » | Medical Malpractice | Tagged: Medical Malpractice, medical malpractice lawsuit, medical negligence | Permalink
Posted by Dave Austin
November 2, 2008
A West Virginia man is hoping the state supreme court will reinstate his lawsuit against a doctor who left a blade in his finger during a surgery more than 11 years ago. At issue is the medical malpractice statute of limitations, which in West Virginia is 10 years from the time of the incident.
The blade was left in Paul Forshey’s thumb during a surgery to relieve his carpal tunnel syndrome. It wasn’t until years later during a different procedure that the blade was discovered. Forshey’s attorney is arguing that the treatment during which the blade was discovered fell within the 10 year limit.
Medical malpractice statutes vary from state-to-state, and there are sometimes exceptions. Anytime malpractice is suspected of causing an injury, it’s best to discuss the circumstances with an attorney as soon as possible.
No Comments » | Medical Malpractice | Tagged: medical imalpractice lawsuit, medical malpractice attorney, medical malpractice statute of limitations | Permalink
Posted by Dave Austin
November 3, 2008
A recent article out of Florida discussed the alarming rate at which medical professionals are misdiagnosing and mistreating breast cancer, and the subsequent rise in number of malpractice claims as a result. In fact, it is stated that this is the cause for more malpractice claims than any other disease in the United States.
The statistics are nothing short of disturbing. Out of the 186,000 women diagnosed with breast cancer in 2004, 40,954 died from the disease. In fact, it is estimated that more than one in ten women will end up with breast cancer in their lifetime. And although awareness is up, medical professionals still continue to misdiagnose and mistreat their patients at an alarming rate.
Some of the most frequent causes of medical malpractice claims in breast cancer include:
- Nonperformance of annual breast exams
- Misidentification of lumps during breast exams
- Failure to order proper testing such as mammograms, x-rays, MRIs and CT scans
- Neglect in performing biopsies or diagnosing malignant tumors
- Failure to identify symptoms or to notify patients of their test results
Any or all of these things can lead to a severe case o