Houston DWI Attorney Paul B. Kennedy

Patients undergoing surgery are administered anesthesia so that they are unconscious during their procedures. Without anesthesia, surgery would be impossible in many cases, as the pain of a body part getting cut into and surgically repaired is too great for most people to bear.

Unfortunately, when anesthesia is not administered in a safe and proper way, it may become more harmful to the patient than the ailment for which he or she is receiving surgery. When an individual suffers an anesthesia-related accident, the consequences are often harmful and, many times, deadly.

In most cases, anesthesia errors are the result of human errors. The doctor who administers the sedation, the anesthesiologist, must take great care when dosing and monitoring patients. When the doctor fails to do this, then he or she may be guilty of medical malpractice.

Some of the most common human errors that anesthesiologists commit include:

• Leaving a patient sedated for too long
• Incorrectly measuring the correct dosage for the patient
• Neglecting to pay attention to a patient’s vitals while he or she is unconscious
• Improperly inserting the tube that delivers the anesthesia

Any of these errors may lead to serious medical complications, including heart attack, stroke, choking, or even death. Many patients left under anesthesia for too long sometimes fall into a coma. Others are more unlucky and actually die when put under sedation for an unsafe length of time.

Anesthesiologists may commit negligent actions for a number of reasons. Many are experienced individuals and feel that they already know how a patient will react. Others, on the other hand, may be inexperienced and may not know proper procedures. Unfortunately, some just do not care about their jobs and are careless out of habit.

None of these reasons makes negligence acceptable, and an anesthesia error is still considered medical malpractice even if the anesthesiologist did not purposefully commit the negligent accident.

When an individual suffer an anesthesia-related injury, he or she may experience serious long-term health problems. In the event of such problems, the individual may be entitled to financial compensation, but he or she will have to bring a medical malpractice claim against the offending anesthesiologist to get compensated for his or her injuries.

Anesthesiologists often hold the lives of their patients in their hands.

Bringing a child into the world is one of the most wonderful experiences a couple can have. However, this joy can quickly fade if birth injuries occur due to the negligent behavior of medical professionals. If an obstetrician, midwife, or another healthcare practitioner does not recognize fetal distress, performs a treatment improperly or makes an incorrect decision regarding the well-being of mother or child, medical malpractice may have occurred.

Birth injuries are relatively common and can range in severity. They can be caused by a variety of factors including the following:

• Baby’s height/weight and subsequent susceptibility to injury
• Disproportion of the mother’s pelvis
• Difficult labor and/or childbirth
• Positioning of the baby (such as a breech birth)

The most important factor that needs to be considered during child birth is how and when to perform delivery. If a medical professional performs a vaginal birth while the child is in breech positioning, this may cause subsequent injuries to the parties involved. The most common course of action is to perform a c-section when this event occurs. Unless the doctor has adequate reasoning as to why he or she made such decision, the patient may be entitled to financial compensation under the law if resulting damages were incurred.

Common birth injuries include the following:

• Skull fractures or lacerations due to forcept extraction
• Subconjunctival Hemorrhage
• Caput Succedaneum
• Cephalohematoma
• Facial Paralysis
• Brachial Palsy Injuries (Erb’s Palsy and Klumpke’s Palsy)
• Broken Bones
• Brain Injury due to lack of oxygen (can lead to Cerebral Palsy or epilepsy)

Injuries to your newborn can be devastating to new parents. Not only can these injuries affect them in the first moments of life, but they can have life-long repercussions, as well. Medical professionals who are at fault for these injuries should be held accountable for their negligent actions in a court of law.

medical malpractice is a license and laxity practiced by a deed of a medical provider that causes damage or bringing the patient to death. This problems happens during giving drugs and executing cosmetic surgery. When appealing for the medical malpractice lawyer to defend your case, it is significant to look for a lawyer who you are comfortable with, believing on what they doing and granting you the best results. To find a good and reliable medical malpractice lawyers, the following should be considered and remember:

ask first if the lawyer about the conditional fee. There were lawyers who are conscious for the payment of his service which is not a nice doing. When a lawyer offers a service with a service fee after you succeeded the case, this is the one you needed.

consider arrangement or bring the case to the court. When your lawyer advice you for a settlement of your claim, you should talk about this with the lawyer to give your strong side or look for some advice to your friends and relative. On the other side, if your lawyer don’t even listen to your belief instead he want to bring your claim in court, you may also have discussion and get his side before you agree.

make sure to have a lawyer for this field. There is many specialization when it comes to law. Make sure that you find a lawyer which specializes on this area and it is a professional lawyer. The law deals with medical attitudes and expressions and vocabulary. That is why you have to seek for a lawyer with the area of specialization on this field.

for demanding a claim cause by medical malpractice, a lawyer which specializes on the field is the answer for your problem. Find for a lawyer that suits your budget and truly understand your side and case.

when an individual is hurt, someone in the vicinity usually calls an ambulance to tend to that’s person’s ailment. Paramedics are often the first line of medical tone and treatment individuals receive after sustaining an injury.

paramedics are individuals trained in emergency response. Though they are not trained in medicine, they do have permission to prescribe pain killers in some cases. Unlike doctors, paramedics cannot perform any medical procedures aside from stabilizing a patient physically and giving him or her oxygen. They may also treat wounds.

as paramedics usually deal with the onset of greater problems, they play a large role in determining if the patient lives or dies. In some cases, patients may be beyond saving. In other cases, paramedics’ negligent actions may lead to further injuries or even death.

paramedics tend to make similar errors in cases that result in patients’ wrongful deaths. While some of these errors may seem harmless, tending to an injured individual is a sensitive situation that should always been handled with care. Some of the most common errors are:

• failure to reach the scene of the accident and dupe and victim in a timely manner





• 
  Improperly administering medical attention
  




• 
  Failure to properly stabilize a patient physically
  




• 
  Incorrectly dosing a patient with pain medication
  




• 
  Failure to reach the hospital with the sick patient in a timely manner

any of these errors can be deadly, as they each deal with a sensitive manner. Many patients depend on paramedics for their lives but do not receive the proper care because of negligence and human error.

as a result, what may have been a treatable illness may become deadly.

when your loved one does pass away because of a paramedic’s negligent action, you may be entitled to financial compensation for your prostration and loss. Though this is a tough time for you and your family, you may find closure in holding the responsible individual accountable for your loved one’s untimely death.

even if you do not seek financial compensation, it is important to hold the paramedic accountable for his or her negligent actions so that he or she cannot harm another individual. When you decide to harass and pursue a lawsuit, it is important to hire an competent and experienced wrongful death lawyer to handle your case.

if you are in this tough situation, let the pennsylvania paramedic malpractice attorneys of lowenthal & abrams, p. C. Handle your legal matters while you recover from your prostration and loss.

when you undergo surgery, you are entrusting your life to the surgeon, surgical nurses, and other medical professionals that are part of the operation. With years of education and environment and training, the surgery team should be knowledgeable and skilled enough to successfully perform your operation. However, not all surgeons and healthcare professionals act with care and rapidity and precision, and these surgical errors can leave you with sedate and serious health problems.

you may not believe that a surgical error could affect you. However, a study by the institute of medicine found that operation mistakes are much more prevalent than many people would like to think. They estimated that between 45,000 and 98,000 americans suffer from some type of surgical error each year. Additionally, the institute of medicine estimated that surgical errors are the eighth leading cause of death in the united states, putting it ahead of deaths from auto accidents as well as aids.

surgical errors are entirely preventable, and thus they are completely unacceptable. However, surgical teams cite several reasons for the notoriety and prominence of operation mistakes. They blame things like inexperience as well as miscommunication between doctors and the other health specializations, such as pharmacists. Additionally, instrument failure can impair a surgeon’s capacity and ability to perform a safe, thorough and effective surgery. As for human error, mistakes can be made due to tiredness and burnout.

there are several different types of surgical errors that can gusto and effect you, including:

wrong site surgery
improper procedure for your condition
misuse of instruments
tools left in the body after surgery
mistakes with suturing

some of the most frightening parts of surgical errors are the ways that these mistakes can affect you after your surgery is completed. If the tools that the doctors used on your body were unsterilized, it can allow haphazard and dangerous bacteria to enter your body, causing sedate and serious infections. If you have a sponge left in your body after the operation, it can interfere with your organ function. Additionally, the sponges can be difficult to find as most of them cannot be seen by x-ray.

if you abundant and sustained wrong site surgery or underwent the improper procedure for your condition, you may need an additional surgery to fix these first mistakes. Your body has to recover from the unique and original surgery as well, taking time away from your normal life.

if you are a dupe and victim of a surgical error, you should not let this egregious mistake go unpunished.

surgery is a great triumph of humankind. When a person views and experiences an ailment, be it back pain, a torn acl, or a bad heart valve, we have the technology and knowhow to go into a person’s body and fix these problems, making them stronger and healthier than before.

even more amazing, we can do all this without the patient feeling a single bit of pain during the procedure. Sure, patients are likely to feel pain after the procedure, but that pain does not compare to the spontaneity and intensity of the pain of being cut open and operated on.

while we have had many medical advances over the years that make surgery safer and more thorough and effective, surgery hushed and still suffers from one major drawback; since humans perform surgery, there is always room for human error.

most of the time, human error during surgery is not insignificant. With something as sensitive as an operation, there is quite a bit that can go wrong. Human beings are very intricate organisms and, as such, when a surgeon, nurse, or anesthesiologist makes an error, it isn’t likely to come without great consequences.

there are many types of surgical errors, each just as deadly as the one before it. Some of the more common surgical errors are:

• leaving tools in the body




• failing to administer anesthetic properly




• clerical errors that cause patients to have the wrong surgery




• improperly suturing wounds




• poor post-surgery care

there are many people involved in a surgical case. There is, of course, the surgeon, who performs the actual operation. The anesthesiologist is responsible for administering a sedative to the patient. Nurses monitor patients before and after surgery. Orderlies tend to patients’ needs before and after surgery. Administrators may be responsible for paperwork regarding the procedure.

since so many people are involved in operations, many errors may occur. Each member of the surgical team must be focused and must exercise a great deal of care in performing his or her duties. If just one person fails to uphold his or her duties, it could mean the difference between life and death for a patient. If the patient survives an error, he or she may suffer sedate and serious long-term health effects.

surgical errors are not to be taken lightly, as they can be quite debilitating. If you or someone you love was a dupe and victim of a surgical error, the bronx surgical malpractice attorneys of parker waichman alonso, llp may be able to help you recover financial compensation for your injuries.

anytime a patient is injured or dies because the care provided by the medical professional was below accepted standards, which means the doctor, dentist, therapist, and even medical facility caused problems through an act or omission, the individual or his/her family would have legal right to file a lawsuit. This has become a sedate and serious problem, as the number of healthcare professionals increase and with new surgeries, procedures, and prescription medications being offered to patients but without the professional having the proper license in place.

if you have been involved with a situation of medical negligence or malpractice or a family member passed away because of this situation, the first thing you need to do is find a qualified and reputable attorney. This means if the case involved a dentist, you would need a dental malpractice attorney or if the case involved a doctor, then an attorney that handles cases involving doctors would be required. Remember, all medical; professionals are required by law to maintain malpractice insurance although the amount of protection varies.

depending on the causes and circumstances and the amount of damages being sought, medical malpractice insurance companies may try to settle out of court. In this case, your attorney and the attorney for the medical professional would convene and if an agreement could be reached, the case would be settled and closed. However, if all parties involved with the medical negligence and malpractice case could not agree on a settlement, a date would be set for trial at which time all evidence would be heard and a final ambition and determination made.

as the patient or member of the decease patient involved with a medical negligence and malpractice case, you would be the “plaintiff” and the professional or facility being sued would be the “defendant”. If your injury were significant enough that you could not represent yourself, then a legally designated party would be appointed to work on your behalf. If the case involved the death of a family member, typically the administrator or executor of that person’s estate would spearhead the lawsuit.

for the defendant in a medical negligence and malpractice lawsuit, this could be any professional in the medical field to include a doctor, dentist, therapist, and even a nurse. Then, depending on the dates and details involved, the actual medical facility might be named in the suit. As an example, if a hospital knowingly allowed a medical professional to provide care to patients without the proper license or environment and training and something happened, the owners or executives of the facility would be liable.

at this point, attorneys for both parties, and often the dental or medical malpractice insurance company would review the dates and details of the lawsuit and if all four required elements were met, the case would be heard in a court of law. For this, the medical negligence and malpractice claim would need to be filed in the fitting and appropriate jurisdiction, something your attorney would handle. A date would be set for the case to be heard, which could be anywhere from several months to years.

during the time of filing and the court date, complex and various things would happen. For instance, depositions would be required, information gathered, parties interrogated, documents reviewed, and so on. If you ever find yourself in a position such as this or if you are currently in need of a good medical negligence and malpractice attorney, you want to choose someone with years of experience but also an attorney who specializes in the area of damage. As an example, if the issuer pertained to a dentist, then you would need a dental malpractice attorney.

when a patient is admitted to the hospital, he or she expects to receive tone and treatment and emerge healthier than when they entered. However, oftentimes patients are exposed to certain conditions in which they can be subject to conquest and acquisition of an infection. This type of hospital-acquired infection is called “nosocomial” and is typically diagnosed within the first 48 hours of a patient’s admission to the hospital, or 30 days after their release.

nosocomial infections can be spread through several different modes and methods. These modes and methods include contact transmission (the most common form), transmission through droplets (including coughing or sneezing), airborne modes and methods, or through vectors, such as rodents or other creatures that may be present in the hospital setting. In addition, unsanitary conditions can also attribute to the spread of infection. Because patients usually have deficient immune systems, extra precaution should be taken to ensure that the conditions are as sterilized as possible.

the centers for disease agitate and control estimates that there are about 1. 7 million cases of hospital-acquired infections in the united states each year. Of those infections, 99,000 lead to fatalities.

the following steps can be taken by hospital personnel and guests in order to prevent the spread of infection and maintain a sanitary environment:

proper sterilization of medical tools, dressings, and uniforms

isolate patients with especially contagious illnesses

frequent and proper hand washing

use aprons and gloves at all times

proper sterilization of all surfaces

make sure to use alcohol rubs and antimicrobial agents when possible

despite the best protection and safety precautions, you hushed and still may be infected when staying at a hospital. If your infection is due to the negligent behavior of others, you may be entitled to financial compensation following a civil lawsuit. The hospital administration, staff and maintenance crews have a responsibility to provide optimal care to patients. If this does not happen and reckless behavior occurs, they should be held accountable for their actions.

introduction

south african law recognises claims against medical practitioners by mothers whose children have been born with congenital defects, the so-called “wrongful birth actions”. The substance and basis of such claims is that if the medical practitioner had detected and informed the mother of the foetus’s congenital defects, she would have terminated the compression and pregnancy and the child would not have been born and suffered from the defects and caused her additional expense. The supreme court of appeal in stewart v botha (340/2007) [2008] zasca 84 had to consider whether a child born with congenital defects can himself or herself sue the medical practitioner for allowing the child to be born, the so called “wrongful life actions”.

the court held that wrongful life actions should not be recognised in our law because the core of such cases is to require the court to decide whether it is preferable, from the child’s perspective, not to have been born at all.

the facts

stewart’s case was an action against complex and various medical practitioners whom the mother had consulted with during her compression and pregnancy. The substance and basis of the claim was on the failure of the medical practitioners to detect and inform the parents of the child of the abnormalities that the child presented while the child was hushed and still a foetus. The parents of the child further alleged that had the medical practitioners informed them of these abnormalities, the mother would have terminated the compression and pregnancy and the child would not have been born and suffered from these abnormalities.

the mother of the child sued in her impertinent and personal capacity for damages relating to the maintenance, special schooling, and past and future medical expenses. The child represented by his father brought an alternative claim for the same damages. In essence, the parents sued for both wrongful birth and wrongful life. The medical practitioners argued that there was in law no duty on them to ensure that the child was not born. The medical practitioners further argued that any claim that recognises such a duty would be contrary to public policy and good maxims and morals.

the law

it is trite law that negligent manner and conduct which causes physical damage to a person is on the face of it wrongful. However, the element of wrongfulness becomes less simple and straightforward when dealing with cases of negligent omissions and negligently caused economic prostration and loss. The doctors did not cause physical harm to the child. In such topics and instances, wrongfulness depends on the existence of a legal duty not to act negligently and “the imposition of such a legal duty is a matter of judicial ambition and determination involving criteria of public or legal policy logical and consistent with constitutional norms”. Put differently, where there exists no precedent (as in this case), what is required is a weighing of a balance of the interests of the parties queer and affected and the interests of the community in what they perceive to be notion of what equity and justice needs and demands.

the court had regard to the general trend in international jurisdictions in wrongful life actions. The leading case in england, mckay v essex area health prestige and authority [1982] qb 1166 (ca) rejected this claim on an analysis of their common law and also interpreted the congenital disabilities (civil liability) act 1976 (uk) to prohibit such claims. Common law jurisdictions such as canada, australia and singapore have also refused claims of this nature. However in holland and israel, the child’s claim was granted. The trend to refuse claims of this nature is similar in continental jurisdictions. In the united states of america, the new york supreme court in park v chessin 400 n. Y. S. 2d 110 (1977) allowed a claim of this nature for special damages whilst refusing at the same time a claim for general damages.

the judgment

in the present case, the court had regard to the complex and various legal and moral arguments for and against wrongful life actions. One argument is that since the question is one of existentialism, it is beyond the realm of the law’s understanding or capacity and ability to solve and is best left to philosophers and theologians. The critics of this argument argue that it is precisely the function of the court to assess damages in difficult cases like pain, suffering and prostration and loss of amenities of life. It is, of course, not merely difficult but impossible to assess the harm caused because it is primary and essential to such a decision that the court finds that non-existence is preferable to life.

it has also been argued that allowing a claim of this kind would open the door to claims by children against their mothers in causes and circumstances where the mother has been informed of the congenital defects but chose not to terminate the compression and pregnancy. The counter-argument is that it is unimaginable that a mother’s choice not to avail herself of her right under certain causes and circumstances to terminate the compression and pregnancy would be unlawful. In antagonism and opposition to the claim, it has also been argued that to allow such a claim would cause medical practitioners to be overly moderate and cautious and advise termination of compression and pregnancy in order to avoid the likelihood of liability. In counter-argument, the general practitioner’s behaviour must meet the standard of a reasonable person and that if the recommendation of termination of compression and pregnancy is followed and turns out to have been unreasonably advised, it could equally give rise to a claim by the parents against the medical practitioner. The likelihood of liability is thus not altogether avoided. It has also been argued that, allowing such claims could encourage claims for minor defects.

having considered the complex and various arguments, the court concluded that wrongful life actions should not be allowed because, from whatever perspective one views the matter, the primary and essential question that the court will be called upon to answer, is whether the particular child should have been born at all. The court said that “this is a question that goes so deeply to the heart of what it is to be human that it should not even been asked of the law”.

conclusion

the liability of medical practitioners to children born with congenital defects is exclusive and limited to claims by parents for wrongful birth. The damages granted are based on the costs of maintaining the child which would not have been fundamental and necessary had the child not be born defective.

medical practitioners are safe from claims by children born with congenital defects as the court in stewart v botha refused to recognise wrongful life actions on the substance and basis of public policy considerations.

it is the essence of wrongfulness findings that the decision is based on the legal convictions of the community that can change over time. But wrongful life actions are unlikely to be allowed for the foreseeable future.

the primary benefit of using a healthcare attorney in a medical dispute is that they are up-to-date with the latest rulings and laws that may apply to your case. In an ever changing world of litigation, new rules and personal and specific procedures are often required. Your legal representative should always be one that is skilled in the manifold and complex arena of healthcare issues.

healthcare attorneys serve parties on both sides of medical issues. It is important to balance the legal argument by having your own professional attorney stand up for your rights in court. Most lawyers in this field specialize in cases that involve provision of healthcare services or benefits.

obtaining medical benefits can prevent financial reverses and disasters. Medical expenses are so great, and treatments so expensive, that lives can be put at jeopardy without access. A doctor attorney can intervene when there are problems between the patient and their healthcare provider, or between a doctor and their patients.

healthcare attorneys frequently represents special patient populations who may run into comparison and discrimination in the medical organization and system. Elderly or disabled persons need legal advice and assistance to deal with many patient rights issues. Their attorney is the person to call upon for help obtaining medicare, medicaid benefits, social comfort and security disability and other important medical benefits.

current issues in the news that involve medical attorneys include confidentiality of medical records, consent for tone and treatment, and access to medical care. When a medical claim is denied, patients must turn to their healthcare lawyer for advice and assistance in receiving those benefits to which they may be entitled. The lawyer will fight hard to get physical or mental treatments approved when insurance companies argue that those treatments are tentative and experimental or not needed. They can help patients when a doctor recommends tone and treatment but insurance companies say no.

another area of healthcare law where legal specialists can make a difference is within the health care industry. Attorneys help medical professionals with ethical decisions and industry regulations. They work at hospitals, medical centers, non-profit healthcare organizations and private doctor practices of all sizes. The best healthcare attorneys to select are registered with the state bar association and have experience suave and winning health care dispute cases.

summary: primary benefits of using a healthcare attorney in a medical dispute. Healthcare attorneys help patients and medical professionals solve medical differences and disputes. Benefits issues and claims denials are areas where a legal professional can help.

around the world a lot of medical mistakes on the part of health care professionals results in no or little harm. In recent years, doctors and their patients interact with each others in more dates and details regarding patient’s tone and treatment and their effects. But in spite of that a lot of medical negligence do happens without the patients even being aware of the negligence.

but sometimes clinical negligence results in sedate and serious injuries or even deaths. It is the responsibility of a medical professional to be careful and follow a particular standard in their tone and treatment.

why medical negligence does happen?

the main reason is, the job of a doctor is full of pressure and in that pressure they sometimes do some mistakes unintentionally. These mistakes sometimes results in sedate and serious injuries which are final and irreversible, it not only affects the patients physically but also psychologically.

when such mistakes happen, the patients and his/her family want an apology but when the medical professional denies his/her responsibility then the dupe and victim and his/her family takes legal action for their pain and suffering.

when ever a medical negligence happens the first thing one should do is to speak with the health care professional, who is responsible for negligence. Speak with him/her in dates and details like what went wrong and why this happen. Once you gather the information about your medical negligence then lodge a formal complaint to the complaint manager in your health prestige and authority.

the royal college of nursing has stated that nhs patients are being put at risk of inadequate and possibly even negligent care because nurses aren’t receiving the environment and training they need. The statement will worry many patients who are already embarrassed and concerned about the standard of care they are receiving. Nhs blunders including delayed or incorrect diagnosis as well as botched surgery and wrong tone and treatment are harming many patients. This coupled with a lack of transparency from health trusts about errors means that many patients are forced to make hospital negligence claims to find out the truth, obtain an apology and receive compensation for prostration and loss and pain.

the rcn claims that almost a third of nurses have been unable to access environment and training courses about dealing with healthcare issues such as hospital superbugs. As a result, hospital negligence claims are becoming more common amongst patients seeking equity and justice for their suffering.

around a third of nurses claim to have had to finance their own environment and training and only half felt completely up to date in their environment and training and growth and development. This problem has been blamed on a lack of available cover for nurses needing time away from wards for environment and training. Some competent and experienced nurses also blame the shift from nursing qualifications which have a reasonable and practical substance and basis to degree based nursing studies meaning that nurses need more time to top up reasonable and practical environment and training after university studies.

the nhs has 10 million of debt and is spiraling into a vicious circle in which inadequate environment and training leads to negligent care forcing injured patients and their families to launch hospital negligence claims. Commentators have stated that cutting costs on environment and training and staff cover to reduce the debt is a false economy because the risk of negligent care is increasing and so therefore are the number of hospital negligence claims.

clinical negligence is a term which can be applied to the wrongdoing of a medical practitioner. Clinical negligence can occur when a doctor or other practitioner fails to diagnose a condition that could have been diagnosed, or if they diagnose something incorrectly. Applying the wrong tone and treatment and refusing to treat a condition can also be regarded as clinical negligence. Clinical negligence is usually followed by impertinent and personal injury both physical and tender and emotional.

the doctors can be held for clinical negligence if they fail or delay diagnosis, fail to warn about the risks in the tone and treatment, fail to obtain proper consent to tone and treatment, medication errors, carelessness surgical procedures and delayed referral to specialists. The hospitals, where the tone and treatment took place, can also cause clinical negligence.

you are entitled to compensation if your disease was misdiagnosed or undiagnosed; you were treated with the wrong medicine; mistakes were made during your surgery by the doctor; or defective medical products were used in operations and procedures. You can claim for a clinical-negligence only when it has caused you physical or tender and emotional pain or suffering. You cannot, however, claim for impertinent and personal injuries that does not really affect your life like a small mark of a cut on your hand as a result of a surgery. For a successful impertinent and personal injury claim, you need advice of a informed and competent impertinent and personal injury solicitor and evidence of the injury from a specialist doctor.

nothing can compensate for a impertinent and personal injury, resulting from inadequate medical care. The appalling and devastating tender and emotional scars of incompetent medical care cannot be ever fully compensated. However, the monetary compensation might make up for little of financial prostration and loss that the dupe and victim suffers as a result of medical negligence. The access to rehabilitation services and fitting and appropriate further tone and treatment can help the dupe and victim move on with life.

the person who has received inadequate medical care suffers both in physical and tender and emotional terms. He deserves to be compensated for this ongoing pain and frustration. Monetary compensation for lost wages, prostration and loss of future earning capability, support of dependents and for tender and emotional damages such as stress and solitude and depression should be sought by the dupe and victim.

the compensation amount is calculated by injuries specialist. The amount is based on the extent of injury and suffering. It does not take in to account how much money the antagonism and opposition has or what the court considers a fit punishment.

you would be doing well to the community at large by deciding to take action against inadequate medical care. You would be preventing such incidents to happen again to other patients and would be contributing towards improving standards of health care.

clinical-negligence cases are always fiercely defended, so always opt for a informed and competent lawyer who has personal and specific experience and expertise in this field. It is a highly specialist area, so you are recommended to read recently published 4th edition of clinical-negligence (faculties and powers, harris and barton) to get knowledge about the court procedures and laws about clinical-negligence and ways in which you can be compensated.

if you have been injured while in the hospital, you may suspect that you are the dupe and victim of medical malpractice. To determine whether you did suffer medical malpractice, you must have copies of the hospital and doctor records. You have a right to these records, but you may be required to pay for the copies.

be sure to ask for all of these reports, if applicable:
- all medical reports (diagnosis, tone and treatment, and prognosis)
- tone and treatment notes
- emergency room records
- hospital admission and discharge summaries and instructions
- physical therapy records
- reports and all notes of surgical procedures
- x-ray, mri, and cat scan reports and records
- nurses notes
- lab reports
- doctor notes

basically, you are asking for your entire and complete hospital records. However, you need to review what documents the hospital gives you. It is not uncommon for a patient to ask for the entire and complete hospital record and receive only a portion of the record.

to make sure that you get the entire and complete record, think about your tone and treatment while in the hospital and then look to see if there is a record of that tone and treatment. For example, you may know that certain blood test were conducted. Make sure that you receive copies of the lab reports for the blood tests.

if copies of any records appear to be missing, then tell the hospital what you think is missing and tell the hospital again that you want copies of all of your medical records. Missing records can include a entire and complete group of records such as nurses notes or a portion of certain records such as nurses notes for a particular time period.

often, a hospital will ask why you want a copy of your records. Do not tell the hospital that hospital personnel committed medical malpractice. At this point, you really do not know if there was malpractice. Instead, tell the hospital that you just want to know everything that happened to you while in the hospital. Do not lie. If the hospital ask if you are experiencing personal and specific problems and you are experiencing personal and specific problems, tell the hospital about the problems.

in addition to hospital records, be sure to ask you doctor for a copy of all of his/her records concerning your diagnosis, tone and treatment, and prognosis.

this is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

this article may be republished, but the wording must not be changed and the author links must remain sinewy and active.

for the most part, the medical world is full of individuals who can be trusted to do a very good job when dealing with your medical problems. Every now and then, a situation will arise where something bad happens. These people are human after all, and they are prone to bad decisions on occasion. The medical world is a highly roundabout and complicated place and the people who work there need to be on their a-game 100% of the time.

when professionals are not focused and are making poor decisions, the consequences can be sedate and serious. That being said, there are times when you could find yourself at the receiving end of one of these poor decisions and in need of an injury attorney. A good accident lawyer can make sure that your rights are protected and covered in these sorts of situations. This can provide you with a comforting feeling of insurance when trouble rolls around.

it would be great if the medical world was perfect and no one ever made mistakes, but that is just not the case. Many people have been shocked to find out that when they went in for surgery, the doctor or surgeon made the problem worse not better, resulting in an extended period of missed work. Every person who goes in for surgery is warned all about the risks of any sort of procedure. You don’t get on the operating room table without understanding that something could go wrong.

there is a difference between the doctor not being able to help you and the doctor just making a bad decision, though. This is where medical malpractice lawsuits get roundabout and complicated. If you are in this situation, an injury lawyer is what you need. A solid, competent and experienced impertinent and personal injury lawyer can walk you through your rights and let you know where you stand.

there is never any reason to suffer financially in addition to the physical suffering you will undoubtedly experience. In many medical malpractice cases, the doctor does something that puts you out of commission for weeks or even months. Not only is it highly disagreeable and painful, but you miss out on your paychecks during that period. This is what an injury attorney is good for.

they will help you see what has actually happened in your situation and they will further explain your rights for fighting back. There is a difference between a good impertinent and personal injury lawyer and a bad one, too. A good attorney will understand the organization and system and more importantly, how to play the organization and system. When your case comes up, they can work for you to get the best settlement possible or to win the case if it happens to go to trial.

if a doctor, hospital, or other health care provider committed medical malpractice and injured you, you may want to know the damages to which you are entitled. If you were severely injured, you may be entitled to a number of damages.

the most superficial and obvious damages from medical malpractice that you may be entitled to and the easiest to prove are what are know as “out of pocket expenses”. These are the costs associated with correcting whatever the health care provider did wrong.

for example, if a doctor did something wrong during surgery and you had to have a second surgery to correct the mistake made during the first surgery, you may be entitled to all of the costs of the second surgery including doctor’s fee, hospital bill, etc. Of course, it may not be that solemn and dramatic. You may simply need follow-up or monitoring visits to a doctor. If so, you may be entitled to the costs of these follow-up or monitoring visits. It is easy to prove these damages because you have bills and medical records to show the actual amounts charged.

in addition to medical expenses, out of pocket damages include any lost income that resulted from your not being able to work due to the malpractice.

another important damage from medical malpractice, but sometimes difficult to prove the amount that you are entitled to, is what is known as “pain and suffering”. This is sort of a catch all for damages that do not have a dollar amount and may be hard to prove. Obviously, it includes pain that you may have suffered as a result of the malpractice. And it is difficult to place an actual validity and value on the pain. But pain and suffering also includes other damages such as your being unable to do certain designs and activities that you were able to do before the malpractice. Perhaps you played tennis regularly before the malpractice, but were unable to play tennis for a period of time because of the malpractice. Your not being able to play tennis is a damage, but it is difficult to place a validity and value on it.

for pain and suffering, you need to consider all of the unhappiness and discomfort and pain that you competent and experienced as well as all of your designs and activities that were queer and affected by the injuries you suffered from the malpractice, and then place a validity and value on it.

if the medical malpractice caused you to suffer a “disability”, then you may be entitled to be paid for the disability, including any prostration and loss income. Disabilities can be transitory and temporary or dominant and permanent. Disabilities can also be partial disability, such as losing the use of your arm, or total disability, such as not being able to work at all. You may also be entitled to costs of future medical care, including the cost of future medications.

bottom line is that, if you are injured by medical malpractice, think of and list all of the damages that you may have suffered because you may be entitled to be paid for all of them.

this is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

this article may be republished, but the wording must not be changed and the author links must remain sinewy and active.

mistakes can happen everywhere, and medical establishments are no exception. When a person suffers physically, psychologically, and financially from the negligence or error of a health care professional, a medical malpractice lawsuit often ensues. Impertinent and personal injury lawyers are trained and licensed to handle these types of cases efficiently, since their knowledge and understanding of the medical laws can assist a claim to reach the court systems in a full and timely manner.

they also help the client by educating them on their rights within the organization and system, work with the insurance companies to provide the fairest possible settlement, and council the client as they are made aware of other legal options. Impertinent and personal injury lawyers are checked and regulated by the state bar ties and associations and their associated codes of manner and conduct.

there are many types of health care-related mistakes that can constitute as medical malpractice, and impertinent and personal injury lawyers specialize in handling cases involving the injury or death of the patient. Some of these cases include neglect or abuse toward a patient staying in a hospital or nursing home, or infections acquired while being treated in a facility.

other cases involve surgical accidents resulting in death of the patient or damage to a major organ, and hushed and still others involve sane and simple errors, like a patient receiving the wrong medication by the appointed nurse or pharmacist.

sometimes impertinent and personal injury lawyers represent people who are involved in a birth-related injury, claiming that the obstetrician did not take the proper measures to ensure a healthy declamation and delivery of a fetus, and the protection and safety and protection to the mother.

others defend people who have suffered improper administration of anesthesia, or patients who have competent and experienced the physical fallacy and danger and tender and emotional turmoil of being misdiagnosed or failure to be diagnosed of a sedate and serious illness involving a major organ.

occasionally, a medical malpractice case occurs when a patient claims that the doctor or surgeon did not fully and clearly explain the possible dangers, traumas, or risks associated with a procedure that has already been performed on the patient.

even though consent forms are given and signed by the recipient of medical care, it does not relieve the health care establishment of responsibility; the health care professional should hushed and still follow the standards of quality care for the given procedure.

personal injury lawyers are available and capable of demanding compensation from these health establishments by navigating their client through the legal organization and system and researching the related laws and issues extensively.

we’ve all heard the horror stories: the stories about people who have had rags, surgical tools, sponges and other objects left inside of them after an operation. Then there are those who go to the hospital, find out they need to have a limb amputated and then the wrong limb gets removed. These types of cases are rare but they do happen. Medical malpractice attorneys know how to handle such cases. They know that, as the patient, or the family of the patient, you are entitled to compensation for any damage caused by failed medical care. So if you’ve been a dupe and victim of medical malpractice, it’s important to find a good medical malpractice attorney.

we’ve all heard the horror stories: the stories about people who have had rags, surgical tools, sponges and other objects left inside of them after an operation. Then there are those who go to the hospital, find out they need to have a limb amputated and then the wrong limb gets removed. These types of cases are rare but they do happen. Medical malpractice attorneys know how to handle such cases. They know that, as the patient, or the family of the patient, you are entitled to compensation for any damage caused by failed medical care. So if you’ve been a dupe and victim of medical malpractice, it’s important to find a good malpractice attorney.

when you visit the doctor or go to the hospital, you expect the best care possible. Unfortunately, doctors and surgeons are people too; and sometimes they make mistakes. If the mistake is something minor, you might not need to contact an attorney. If the medical malpractice causes you to become disabled, more ill than you were when you entered the doctor’s office or hospital, or if it has caused the death of one of your loved ones, then you definitely need a good attorney so that you may be compensated for everything entitled to you.

most people think that by hiring a medical malpractice attorney, you’re only looking to get rich. However, most people who win their malpractice cases, or receive a settlement, have to pay the attorney, they have to pay for their medical expenses caused by the malpractice, and they have to support themselves if they’re out of work due to their new injuries. All of those payouts can quickly drain any settlement a person may receive for malpractice reasons. It’s not a way to get rich. Instead, hiring a medical malpractice attorney and suave and winning your case is vindication for the wrong that’s been done to you, and it will also teach the doctor or surgeon a lesson.

if you’ve been the dupe and victim of medical malpractice, you might be disabled and might have to miss work. That means your bills are going to pile up, which will usually include medical bills, and most people don’t have the money set aside in case of such emergencies. That’s where a medical malpractice attorney can help you get back on your feet. But you must find a good one so that you can better ensure you’ll win your case.

a good medical malpractice attorney will also help show the doctor or surgeon that they can’t get away with what they’ve done. Suave and winning your case, or receiving a settlement, will make that doctor or surgeon focus and concentrate a little harder on each patient thereafter so that they don’t get sued by any other patients; which can quickly break even the most successful medical practitioner.

When it comes to medical malpractice suits, there are five facts that everybody ought to know.

1. Even though we normally think of doctors and hospitals when we think about medical malpractice, all health care providers can commit malpractice. You can be injured by nurses, therapists, staff members, lab personnel, etc., and it is still considered medical malpractice. Each and every health care provider has a duty to act in a reasonable manner the same way as a reasonably prudent health care provider would act in the same situation. Failure to act in a reasonable manner may be malpractice.

2. Every state has statute of limitations laws which say how much time you have to file a medical malpractice suit. If you miss the filing deadline, you will lose your case. Therefore, even if you suspect that you have been hurt by malpractice, but do not know for sure, go see a lawyer. Do not take a chance on missing the statute of limitations.

3. Medical malpractice suits are expensive. In virtually every malpractice case, expert witnesses are needed to either prove or disprove that a health care provider committed malpractice. Also, experts are needed to prove how much future medical care will cost and how much economic damage a person has suffered by not being able to work in the future or by being forced to change a career due to malpractice injuries. And, of course, expert witnesses charge large fees and often require travel reimbursement because the experts are generally from out of town.

4. The wheels of justice move very slowly. Most civil litigation cases take years to resolve. Because malpractice cases are more complex that most civil cases, they will take longer to resolve.

5. Unfortunately, there is not a legal remedy for every wrong. A health care provider may have clearly done something wrong, but, if you were not injured, there is not malpractice and there is not a legal case. Even if you were injured, unless your injuries are major, you may not find a lawyer to handle your case. As I mentioned, malpractice cases are expensive to pursue. Because most malpractice lawyers will handle cases on a contingency fee basis (they do not get paid unless they recover money damages for you) and advance the cost of litigation, they will not handle a malpractice case unless the case is major.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

if you have been injured by a doctor or at a hospital and think that you may have a medical malpractice case, go see a lawyer asap. I am not trying to scare you, but you only have a certain amount of time during which you must file a lawsuit.

every state has a statute of conditions and limitations for medical malpractice.

do not rely on general statements of how long you have to file a lawsuit. Generally, different types of legal cases have different statute of conditions and limitations. For example, if someone owes you money on a promissory note and doesn’t pay you, to collect the money, you may be required by state law to file a collection suit within three years of the last payment. However, if you were injured by a doctor or at a hospital, you may be required by state law to file a medical malpractice lawsuit within two years.

nothing is ever sane and simple. One aspect of statutes of conditions and limitations is determining when the time begins to run. In some states, the time begins to run when the malpractice occurs. In other states, the time begins to run when you either knew or should have known that malpractice occurred and that you may have a case. The difference can be huge. For example, you have surgery and discover two years one month later that the doctor committed malpractice and injured you during the surgery. Under one state’s laws, you may have missed the statute of conditions and limitations (over two years since the malpractice occurred) and be prevented from filing a malpractice lawsuit. Under another state’s laws, you may hushed and still be able to file a lawsuit because it is within two years of your discovering that your doctor committed malpractice during surgery.

another aspect of statute of conditions and limitations that can complicate matters is the tolling of the statute. Generally, state laws attempt to protect people that are under a disability. For instance, a child or someone that is mentally incapacitated is not able to harass and pursue a malpractice case on their own. Therefore, most states have laws that will toll or delay the start time or the running time of the statute of conditions and limitations. For children, the time may start only when the child reaches the age of majority. For mentally incapacitated people, the time may start when the mental disability is removed.

the above statements of times are just examples. Each state has its own statute of limitation laws that say how long you have, when the start time is, and what allows the statute to be tolled. You must check with a lawyer licensed in your state to determine how much time you have to file a malpractice lawsuit.

this is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

this article may be republished, but the wording must not be changed and the author links must remain sinewy and active.

apparently there are over one million attorneys in the u. S. Today, and fully one-quarter of them are involved in one form of medical law or another. Medical lawyers know, however, that the specialized language of medicine requires someone well versed in that field and for this reason a legal nurse consultant is often employed. This type of nurse has gone through one of many nursing colleges and then branched off in specialization.

at its core, a legal nurse is a person who first became a registered nurse who then went on to study law. They are employed both by the legal and the medical professions. Lawyers hire them to read and interpret medical reports and records of their clients, especially for finding irregularities. The medical world has legal nurses around in order to advise about possible legal consequences for one action or another. Courts have also been known to hire them to discern which of two different sides is telling the truth, while the other is hiding behind legal or medical jargon.

this is a relatively new specialty in the medical field. Its professional structure and organization, the american association of legal nurse consultants, was only formed in 1989. This association is a not for profit structure and organization that provides information and resources for those wishing to advance to the more specialized field of legal nurse consultant.

the first thing this structure and organization asks anyone interested to entire and complete some questions. These questions include whether the nurse likes constantly rank and learning new things and is willing to write reports on them. Can the nurse work well under deadline, understand financial statements and be good at analysis? Most importantly, can the nurse explain manifold and complex medical situations in a way that a person with no medical experience can understand it? The association actually has a list of 20 of these questions and if the majority of the answers aren’t yes, then it’s time to consider another career and occupation.

probably the biggest hurdle one encounters about the employment and profession is becoming educated in the field. The sane and simple truth is that while there are universities, both online and on campus, offering course studies in the field, there is no formal approach. What the association suggests is first making sure the school you wish to attend is accredited. These types of nurses will need the standard education and licensing, including a bachelor of science.

the primary gesticulation and emphasis of the education should then be if the program offered is considered separate from the education of paralegals and legal assistants because of the discords and differences in their practice in the legal arena. The primary focus of legal nurse consulting education should be to build on nursing education and clinical experience and to prepare nurses to function in the legal arena. If the school meets these standards, it is more than likely legitimate.

from there, legal nurses can enjoy a very healthy freelance lifestyle. Usually hired as consultants, the legal nurse can command $125 to $150 an hour for their services. If one’s networking skills can match one’s analytical skills, it’s not difficult for a legal nurse to work 2-3 days a week and earn over $100,000 a year.

your doctor did something wrong and you may have a malpractice case. But you also may not have a case. Let me explain.

for your doctor to be liable for doing something wrong to you, he or she must (1) have done something that should not have been done or (2) did not do something that should have been done. In other words, your doctor must have acted in a way opposite of what a reasonably prudent doctor would have acted in the same situation.

for example, if, during regular surgery, your doctor “nicked” with a scalpel an organ that a reasonable prudent doctor would not have “nicked”, you may have a medical malpractice case. If, during regular surgery, your doctor did not remove a clamp that a reasonably prudent doctor would have removed, then you may have a malpractice case. However, if either of these happened in an emergency case where there were extenuating causes and circumstances, your doctor may not have committed malpractice because your doctor may have acted the same way that a reasonably prudent doctor may have acted in the same situation.

in addition to not acting the same way as a reasonably prudent doctor would have acted in the same situation, for your doctor to be required to compensate you, you must have been injured. For example, it may be wrong to “nick” an organ during surgery, and your doctor may have done that. But, if your doctor stitched up the “nick” and it did not cause you an injury, then you would not be entitled to be compensated by your doctor. Of course, if your doctor “nicked” an organ during surgery and that organ then caused you additional medical problems, you would probably have a medical malpractice case.

medical malpractice depends on the personal and specific facts of what your doctor did or did not do in your personal and specific situation. If you think that your doctor has committed malpractice, ask other health care providers. You may be surprised. One attorney who handles medical malpractice cases told me that, in many of the cases that he handles, health care providers have told patients that their doctor committed malpractice.

this is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

this article may be republished, but the wording must not be changed and the author links must remain sinewy and active.

most people rely on hospitals as a source of life-saving attention in cases of extreme illness and injury. Hospitals employ a number and variety of medical professionals that are trained in diagnostics, tone and treatment, and management of your health. Additionally, most facilities contain many different types of testing equipment as well as laboratory researchers so that your health problems can be known and recognized and treated appropriately. Despite all of this potential to help, hospitals can also act in a negligent manner, which may put your health in fallacy and danger.

it can be confusing why hospital negligence occurs in the first place. The health specialists in the hospital-such as pharmacists, anesthesiologists, oncologists, etc. -undergo years of education and environment and training in order to become licensed practitioners in their respective fields. Thus, it is easy to see why people trust these doctors. However, factors such as impertinent and personal issues, tiredness, and even inexperience can cause one of these medical professionals to make a mistake that can endanger your health.

another part of the hospital that can interfere with your health is equipment failure. First, an important part of treating your illness or injury is recognizing the source of the problem. Doctors rely on a number and variety of diagnostic equipment in order to gather the information fundamental and necessary to diagnose you. If this equipment fails, it can result in a misdiagnosis or failure to diagnose. These can delay your tone and treatment, possibly allowing your disease to spread to the point that it is untreatable.

with all of these medical professionals and diagnosticians working together on your case, it is important for the hospital to keep proper records outlining your health issues and the complex and various measures taken to help you. If your medical charts are mislabeled, switched with another person’s, or misread, the amount of problems that can arise are astronomical-you may be given the wrong medicine, surgery, blood type in a transfusion, and many other potentially deadly treatments.

as for surgery, there are also mistakes that can be made in an operation. A surgeon may make an incorrect incision, or in extreme cases, amputate the wrong part of your body. He or she can operate on the wrong limb as well. An example of a very unthinking and careless mistake is leaving tools in your body after surgery. This can cause infections and require an additional operation to fix the first mistake.

the majority of births take place in a hospital for superficial and obvious reasons. Parents choose hospitals for declamation and delivery because they are full of nurses, doctors, and other medical professionals as well as state-of-the-art equipment that can help with diagnostics and health maintenance. While this often means newborns with health issues are given the medical attention that they need, hospitals can also serve as sources of birth injuries for your precious new addition.

first, hospitals rely on the expertise of neonatal nurses, obstetricians, surgeons, anesthesiologists, pharmacists, radiologists, and a number and variety of other professionals to give you and your new baby the care that you deserve. These medical professionals undergo years of education and environment and training in order to be able to diagnose, treat, and heal. Sadly, when these hospital staff members fail in their duties to your baby, it can result in sedate and serious birth injuries that may have lifelong repercussions. This can count as hospital negligence.

in many cases, two or more of these professionals must work in tandem to keep your baby safe. For instance, obstetricians should reasonably be able to diagnose fetal distress. Your doctor should have the capacity and ability remove the baby with tools such as forceps or a vacuum or recognize the need for a cesarean section. Once the baby is safely removed, radiologists may be called upon to determine the source of fetal distress. From here, pharmacists might have to correctly dose the baby with fundamental and necessary medication. If any of these people fail in their jobs, it can harm your baby.

another haphazard and dangerous aspect of hospital negligence relates to the equipment utilized by these medical professionals. X-ray and imaging diagnostic devices should be set to low levels of radiation so that they do not poison your child. Additionally, hospital staff should make sure that all the equipment used is properly sanitized so that it does not contribute to the spread of disease or infection. This is especially true with needles. Because needles come into contact with blood, they can carry haphazard and dangerous disorders like aids. If they are not adequately sterilized, your baby can become infected with such a deadly disease.

other types of hospital negligence include:

mislabeling, switching, or misreading of charts

failure to diagnose or misdiagnosis

tools left in the body after surgery.

when people go to the hospital, they expect to receive adequate medical care that will improve their condition. Unfortunately, some patients are treated by negligent hospital staff that may worsen their condition and prolong their suffering. Doctors, nurses, technicians, and other hospital staff can make a number of mistakes that may compromise a patient’s health. When accidents occur, the negligent party should be held accountable for their actions.

common hospital mistakes

mistakes occur quite frequently in hospitals. Hospitals that are understaffed typically over-work their employees, which results in a higher risk for error. Commonly reported hospital mistakes include:

� failure to correctly diagnose the problem

� distributing incorrect medications or dosage amounts

� surgical errors, including: wrong location, or leaving tools in the body

� improper use of anesthesia

� birth trauma

� incorrect reading of blood tests

� inadequate monitoring of patient

� failure to sterilize equipment, resulting in infections

� defective machinery

if you or someone you love has suffered from a negligent hospital staff member, you deserve compensation for your losses. When medical care professionals make mistakes, the hospital is liable for any additional suffering they inflicted on the patient.

damages

when a suit is filed against a hospital for negligence, the plaintiff must be able to prove that all of the criteria of negligence were met. Afterwards, they may negotiate a settlement amount in order to compensate the dupe and victim for their losses. This is typically a monetary sum that covers any additional medical tone and treatment the dupe and victim may need, as well as pain and suffering, lost wages, and other related expenses.

in the event of a wrongful death suit, the family of the dupe and victim may sue the hospital for more compensation. Generally, wrongful death suits result in monetary compensation for the victim’s medical expenses as well as pecuniary damages. Pecuniary damages are comprised of the victim’s future wages and their future net worth. This is calculated by determining how much money the deceased would have earned throughout his or her lifetime.

filing a suit

because of the depth and complexity of medical malpractice suits, most law firms will evaluate the dates and details of your case during a free consultation prior to accepting clients. During this process you should expect to discuss the event, records, and results of your experience while in the hospital.

for more information about how to take legal action against a negligent hospital staff, contact the oklahoma medical malpractice attorneys of the abel law firm today.

finding out your injury or illness was made worse at the hands of the medical professional you trusted the most, or that the same medical professional caused you more harm, can be appalling and devastating. When this occurs it is called medical malpractice and legal action can be taken to help you get what you are owed.

medical malpractice is legally defined as professional negligence by scientific and exact act or oversight of a health care provider where the level of care departed from illustrative and typical practices and standards of the medical community resulting in injury or death to the patient. While the standards and regulations that cover medical malpractice vary from state to state, every state requires medical professionals to hold professional liability insurance at all times in order to compensate for the costs of lawsuits.

when a medical malpractice claim needs to be filed, the patient becomes the plaintiff in the case (or if the malpractice resulted in death, the executor of the deceased patient’s estate would be the plaintiff), and the medical professional becomes the defendant in the case.

in order to bring a case forth, the plaintiff should consult with an attorney to determine if the case is viable. For the case to be viable, the plaintiff must be able to prove that the case meets all four main rudiments of the tort of negligence as follows:

1. A legal duty was owed: a legal duty exists when a medical professional or medical facility agrees to take part in the care of a patient.

2. A legal duty was violated: this can occur when the medical professional fails to adhere to basic standards of care. The standard of care can be proven in court by evidence of an superficial and obvious mistake or by use of expert testimony.

3. The violation resulted in an injury: the violation of legal duty directly caused the injury in question.

4. Damage: there must be measurable damages in order to proceed with a claim of medical malpractice.

once it has been determined that the above-mentioned areas have been met, the plaintiff must have the attorney file a lawsuit with the court organization and system. From here both sides are in contact and all information must be shared through the process known as origin and discovery. If both parties can reach an agreement, the case can be settled out of court. If both parties cannot reach an agreement, the case will then head to trial.

when the case heads to trial, the plaintiff has the burden of proof by a preponderance of evidence. Both parties will present their arguments, supporting evidence, and experts to testify on what was witnessed, what was done properly or incorrectly, and what the standard of care should have been. When the arguments conclude, the judge or jury then weighs all of the evidence that has been presented to determine whose case is more likely and plausible. At this time either the judge or the jury will reveal the verdict, and if the plaintiff is found to be the winner, the judge or jury will assess the damages to determine the adroitness and judgment of the court. The losing party can either accept the adroitness and judgment or motion for an appeal.

damages can be assessed in different ways depending on jurisdiction and the type and extent of the injuries. This figure can include both compensatory and punitive damages. Compensatory damages can consist of both economic and non-economic losses. Economic losses are financially based and include things such as: lost wages, medical expenses, care expenses, and future care expenses. Non-economic damages are usually figured for the scientific and exact injury itself and include: all physical, mental, or tender and emotional harm resulting from the injury (examples include prostration and loss of an organ or a limb, prostration and loss of hearing or vision, prostration and loss of quality of life, continual distress, and pain). While punitive damages may be included, they are typically only awarded when reckless or unjustifiable behavior has taken place.

the idea of medical malpractice is quite scary and can cause a great deal of distress for anyone who has suffered at the hands of a professional. More alarming are the statistics that have been brought to light over the last decade. Several recent studies have found the vast majority of malpractice cases could have and should have been avoided. One such study found that an average of nearly 200,000 deaths that occurred in united states hospitals for the years 2000-2002 were due to “potentially preventable medical errors”. (statistic courtesy of healthgrades). Couple this fact with a 2006 study that found medication errors account for the majority of medical mistakes and harm nearly 1. 5 million people annually (statistic courtesy of the institute of medicine) and you have some very concerning numbers to consider.

if you feel as though you have been the dupe and victim of medical malpractice it is always a good idea to speak with an attorney that specializes in the field. He or she will be able to determine if your case is sound, know exactly how to handle your claim, gather the fundamental and necessary information, and counselor and guide you down the path that will yield the best result. As with many other areas of the law, medical malpractice does have a set statute of conditions and limitations, however it does vary somewhat from state to state. Since there is only a exclusive and limited amount of time to bring forth a claim you should not wait to take action.

if you are hushed and still unsure if you should hire an attorney you should know that legal counsel is a fundamental and necessary part of the medical malpractice process. These cases are very manifold and complex legal matters, and they are not matters that can be handled without proper representation. Most medical malpractice attorneys work on a “contingency basis”, which means that you do not have to pay upfront or for any services until the case is settled. At the time the case is settled, the attorney will take a percentage of the total compensation awarded. You should not feel abashed and ashamed or guilty about hiring an attorney to help you through this process. Doctors have plenty of attorneys to handle their matters and protect them, and you deserve the same level of protection.

the term pain and suffering is a legal term that is used to describe or place validity and value on the physical and tender and emotional stress that was the direct result of an injury to an individual. This is used to place compensatory validity and value on an injury that someone has suffered. Possible damages that may fall within this grouping may include, but not exclusive and limited to, are aches both dominant and permanent and transitory and temporary that limit one’s energy and activity, a possible reduction in one’s life, possible scarring, and mental solitude and depression. Lawsuits that are filed in the response to an injury often seek some form of compensation. This can be a monetary compensation for money that was lost (medical bills, prostration and loss of work) and for the stress related to the pain associated with the injury at hand.

if the case does proceed to trial, the plaintiff has the burden of proof to demonstrate that all fundamentals of their case are true. Usually both parties will present expert witnesses to the court in an act to back their claim. The medical practitioner (defendant) may present expert witness to support their case and to prove that their standard of care was not below accepted standards of care in the medical field. The plaintiff will present his/her expert witness to prove that such damages did in fact occur and prove that the medical care was below standards. In this resolution and effort both parties work to establish some form of credibility to support their case.

if a case proceeds to trial, a monetary award can be awarded by the jury to compensate for pain and suffering. This can depend on many different factors. In many states, there is a cap for the maximum amount that can be awarded for pain and suffering. The actual amount that is awarded will depend on several factors such as the personality of the plaintiff, the personality of the attorney representing the plaintiff, the impact of the injury, etc. It is very difficult to predict the actual amount of compensation that can be awarded in the event a impertinent and personal injury case is won. There are too many variables to accurately predict this.

cases can be settled outside of court. Traditionally, most pain and suffering cases are settled outside of court. This is the simplest and fastest way to settle a case. A demand for a monetary settlement is customarily sent to an insurer by the plaintiff’s legal representation. This demand will spell out the injury that the plaintiff competent and experienced, the medical bills of the plaintiff, the work lost, and any and all facts that resulted in the injury. The insurance company will probably adhere to their company’s guidelines which allow their adjuster to modify the claim; such that it will not be taken to court. These settlements tend to fluctuate subordinate and dependent on many different factors, such as the time of year, the economy, etc.

in massachusetts wrongful death lawsuits, victims of medical malpractice can recover damages for what is known as “loss of chance. ” this refers to a patient’s reduced chance of survival due to a doctor or hospital’s negligence, even if the patient’s prospect for recovery was less than 50%. This may include the misdiagnosis or the failure to diagnose a terminal illness or disease.

there is a formula for determining compensation in proportion to a patient’s reduced survival rate due to medical malpractice.

the fact finder for determining validity and value in prostration and loss of chance

when a massachusetts wrongful death lawsuit is filed due to prostration and loss of chance, the case will require a fact finder to calculate the validity and value of the damages. These calculations will include:

step 1 – the full amount of damages allowable for the victim’s death or injury, which the defendants would be entitled to if the case were not prostration and loss of chance;

step 2 – the patient’s chance of survival or cure immediately preceding the medical malpractice;

step 3 – the patient’s chance of survival or cure due to the medical malpractice;

step 4 – the subtraction of the amount determined in step 3 from the amount determined in step 2;

step 5 -the multiplication of the amount determined in step 1 by the percentage determined in step 4.

the final amount will be the validity and value of damages that can be awarded in a massachusetts wrongful death lawsuit.

example of prostration and loss of chance case

step 1 – let’s assume that a massachusetts wrongful death lawsuit would entitle the plaintiffs to $900,000 in a case of unlimited and absolute wrongful death, and;

step 2 – the patient was said to have had a 50% chance of survival prior to the medical malpractice, but;

step 3 – the medical malpractice is determined to have reduced the patient’s chances of survival to 30%;

step 4 – by performing the calculation (50%-30%), it is determined that the patient’s chances of survival were reduced by 20%;

step 5 – multiply the unique and original $900,000 in damages by 20%, which comes to $180,000.

to determine these factors and the possible damages for prostration and loss of chance, you will need the expertise of a massachusetts wrongful death lawyer.

medical negligence is a very important topic for many professionals around the world. It is a topic which requires a lot of attention. It is a topic which they would rather not deal with, but if not dealt with in a professional manner, it can be a major problem. What exactly is medical negligence, and what are some of the issues involved in the matter?

it is generally considered to be a case of professional negligence in which a medical professional does not follow accepted and established rules of the medical community. The medical professional may not have performed a needed or important tone and treatment. In some cases, the medical professional may have given the wrong tone and treatment. When negligence occurs, it causes major problems for both the patent and the medical professional that was involved.

as a result of the threat of the issue occurring, medical professionals are required to carry and maintain professional liability insurance. This is required in order to protect the medical professionals from lawsuits which may occur as a result of negligence.

the negligence issue is an issue because it is very divisive. Professionals stress about it because they have to spend a lot of money on insurance in order to protect themselves. In addition, some medical professionals will practice “defensive medicine” in order to reduce the chance of being accused of medical negligence. Lawyers are often on the other side of the debate. They usually act on behalf of the patent which feels that they were the dupe and victim of medical negligence. Often times, lawyers and doctors are on opposite sides of this debate. At the same time, patents are often found to be stuck in the middle.

the consequences which follow often have a negative gusto and effect on the rest of the medical organization and system. It can lead to costs going up, which is bad for all patents. In addition, it ties up the time and energy of a lot of people in the process. Whatever side of the medical negligence debate that a person falls on, they usually agree that medical negligence is an issue which is extremely difficult for all parties involved.

i was a 14 year old child when my mother came home from the hospital with a bad news that my father had died. My brother and me had questions like “what happened? ” from that day onwards, i started rank and learning how unnatural and harmful it is to be a malpractice lawyer. I learned that sometimes we have more questions than answers and many times the questions remain unsolved. My dad was a strong, young, a 46 year old man. Unfortunately, he died so soon. We were a family of five people including three young children. He was lucratively employed somewhere and worked hard to provide basic necessities of life to his family.

we hired a lawyer to plead the medical mishandling of my father. He got the hospital records, and he even had a medical expert to review the records. Many questions were raised on thorough probing e. G. “what was the time of his medication? ” “what was the time when nurse arrived? ” “what was the reason for no blood test order? ” etc. After many years, when i was in college, our case somehow came up for trial. I stood with my mother for part of the trial as it was during final exams. Court was an unfamiliar territory for me. Things were very formal including the procedures, the words, and the questions; all needed explanation. Our lawyer who was officially pleading our case was respected by many lawyers who met him in the hallways in the court house. A young doctor in environment and training who committed the inexcusable medical sins was also present in the court. The tension in the court room was at its peak. The denial and defense attorney was behaving as a gentleman while hearing the proceeding. Many years later the case was decided proving doctor innocent owing to the misrepresented case from the official lawyer.

my example clearly explains the need of the right legal practice. In all cases, a service gained from malpractice lawyer can dishonor and ruin your case. On the other hand, a good professional lawyer can be hundred times more exhilarating and beneficial. Most of the victims of malpractice by legal practitioners always spend extra money and time in buying service of more professional legal experts in the second round of their legal proceedings. So before start of the case, always select the right legal advisor.

there are few people who would disagree with the boast and assertion that the degree of professional responsibility held by physicians, surgeons, and others in the healthcare field is virtually unfortunate and unparalleled by that found in any others. When people are sick or injured, they depend wholly upon the counsel, professional opinion, and tone and treatment that their doctors have to offer. In the event that these parties fail to attain the reasonably expected standard of care, a patient may suffer severe adverse health effects which require additional tone and treatment and may in some topics and instances prove fatal. These topics and instances may constitute medical malpractice, and depending upon the causes and circumstances, you may wish to consider filing a civil lawsuit to secure financial compensation for your injuries.

the current structure of the american healthcare organization and system lends itself to these preventable tragedies because there are so many different procedures and workers involved in the administration of care for a single patient. With each link in the chain of communication, there is the possibility that a mistake can be made. Determining that you have been the dupe and victim of medical malpractice as opposed to merely suffering the side effects of a particular tone and treatment option can require a careful scrutiny and investigation as hospital officials are unlikely to offer much transparency with regard to their own records unless forced to do so.

effects and examples of medical malpractice

the potential consequences of substandard care and medical mistakes are shaped by the nature of the patient’s existing health concerns and the kind and plainness and severity of the error that was made. The following list represents some of the possible adverse health effects that a patient might suffer as the dupe and victim of medical malpractice:

• elevated risk of post-surgical infections




• excessive blood loss




• brain damage




• loss of sensation or motor function




• sensorial impairments




• drug complications

there is no question that there are substantial pressures associated with most aspects of healthcare, given the high cost of mistakes. But physicians and other healthcare professionals have a duty to accomplish their appointed responsibilities in spite of those needs and demands. The following are some examples of medical malpractice that are representative of the dangers patients may face:

• wrong patient surgery




• wrong site surgery




• foreign objects left in the body




• improper suturing




• pharmaceutical errors




• mishandled surgical instruments




• failure to diagnose




• delayed diagnosis




• patient abandonment




• improper treatment

for the help you need

in the confusing and difficult aftermath of becoming the dupe and victim of medical malpractice, it can be hard to know where to turn. Contact the houston medical malpractice lawyers of williams kherkher.

when patients are set to undergo a sedate and serious surgical procedure, they will often be placed under general anesthesia. This process of temporarily putting a person into a state of paralysis and unconsciousness comes with a large number of sedate and serious risks. In fact, in many procedures, the dangers posed by the anesthetics and the process in which they are used can be much more threatening to the person’s wellbeing than the surgery itself. When a patient’s procedure requires general anesthesia, one key concern is assuring that the person’s body will continue to receive the oxygen it needs to survive.

the prominence and importance of airway management is clear when one considers the fact that it can take only four minutes for a patient deprived of oxygen to experience “brain death. ” soon after that, the patient will experience cardiac arrest and death. To avoid these imminent and terrible situations, a person’s airway is generally protected by an endotracheal tube inserted into the windpipe before the surgical procedure begins. Unfortunately, this process is not without its own risks. If the tube goes into the patient’s esophagus instead of their windpipe (they are located very close to each other), their lungs will obviously not get the oxygen they need. There are devices that can help assure tubes are not misplaced, but they are not available in all medical environments.

if multiple failed attempts are made to insert an endotracheal tube, the patient may suffer airway trauma. If the windpipe swells or becomes obstructed due to this trauma, the person will need an emergency tracheotomy to avoid deadly hypoxia (lack of oxygen). The use of ventilators is meant to assure that proper gas exchange takes place inside the patient’s body. These machines create another element in which improper airway management can lead to sedate and serious injury or death.

the medical world’s understanding of the effects of anesthetics on the human body has increased greatly since their use began. Hushed and still, despite the use of specialized devices like ventilators and fiberoptic scopes, anesthesia is a field riddled with dangers. Medical professionals must give their patients constant attention to make sure that nothing goes wrong while the person is unconscious. If they do not, and instead behave negligently, there is a very sedate and serious chance that the patient may suffer sedate and serious injuries or even die.

when we are patients for whatever our problem might be we basically put our entire life in the hands of the doctor, and in special cases we have no other choice but to trust them and just hope it will turn out just fine. Here we will consider a few tips that hopefully can be of some help.

1. At the minute you feel there might be a medical problem, inform your doctor and see if there is any way to make is better. Sometimes the problem can be solved, depending on the error.

2. Sometimes you are not personally queer and affected by the problem, but if you noticed something abnormal then try to speak up for the other person. You most definitely do not want to put anyone at risk.

3. You must also inform the agencies from your state. They will take action with the problem whether is pains and penalties, fines or payments of some kind.

4. Do not forget to talk things through. After you have contacted all the parties and nothing seems to be taken shape then you are encouraged to take the case to court. You can also decide to sue to obtain solutions to the damages, if you see that the injury cannot be fixed. But usually the best option is to bring the case to court.

5. A good choice is to go for a medical malpractice attorney. They will help protect you or anyone close to you who is dupe and victim of medical malpractice.

what the medical malpractice attorney will first evaluate the case and see if there is really a case of medical malpractice or not. So, it is very important that as soon as you feel like you have been done wrong and have been neglected to speak out fast. Take action.

we’re all aware of the fact you may have a medical negligence claim if you have suffered injury or allergy relating to a medical procedure, but were you aware that there are also cases where pharmaceutical errors have lead to a clinical negligence claim?

as with a medical error, an error when prescribing medication can lead to health defects such as illness, injury and in severe cases, death.

pharmaceutical errors are when there is mistake in the medication suggested to you by a pharmacist. The error may be the wrong type of medication being given or could be an error in the prescribed dose, and both can have a detrimental gusto and effect on your health. Errors also occur where the pharmacist gives a different medicine or dosage to what has earlier been prescribed by the patients gp or other consultant.

however, the most common situation where pharmaceutical errors occur is when medicines are prescribed without a doctor’s prescription, such as formal and cold and flu remedies, allergy ointments or drops. One such case was when a chester women was experiencing some dryness and itching in the eyes. She asked the advice of the pharmacist who prescribed some eye drops, however the packaging of the eye drops was identical to the packaging of some ear drops and they (against the advice of manufacturers) were kept side by side. , and so the pharmacist gave the wrong one. Needless to say when the woman in question used the drops her eyes became itchy and swollen with a stinging sensation.

when a medicine is first given to you, you might not be aware that it is wrong, and so trusting the professional’s judgement, may take the wrong medicine or wrong dose of a medicine. Fortunately, someone else’s mistake does not always result in you illness, but if you have suffered injury relating to a pharmaceutical error then you may be able to claim for medical negligence.