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Understanding Malpractice: When Should You File a Medical Lawsuit?

Understanding Malpractice: When Should You File a Medical Lawsuit?

When people think of medical malpractice, they think of the age-old tales of surgeons leaving tools inside a patient after surgery. However, that isn’t a common form of malpractice these days due to procedures put in place to prevent it. Understanding the medical malpractice definition and how to file a medical lawsuit is a good place to start. Common Forms of Malpractice The most common form of medical malpractice comes from medication. A medication error can come from a number of issues, including incorrect drug labeling, incorrect dosage, wrong medication time period, wrong medication, not monitoring drug side effects, and not prescribing medication. If any of the above happened due to the negligence of a doctor, then it is a medication error. Any harm that comes from it can be considered medical malpractice. In these cases, it becomes about proving that the doctor did not act in the standard duty of care that other doctors would have abided by. Medication Errors However, medication errors in terms of medical malpractice can be difficult cases at times. If you were prescribed the wrong medication or medication not technically for your illness but had experimental effects on your illness, then these cases can be straight-forward. However, if there was incorrect or confusing labeling, then the case becomes a bit difficult where the doctor can defend themselves or shift blame to the pharmacy. Yet, if you suffered horrible side effects or your illness became worse due to a medication error, you shouldn’t just deal with it. It is medical malpractice and you are owed compensation for any side effects or worsening condition that you suffered. Medical Malpractice Lawsuit...
Facts about Anesthesia Mistakes & Personal Injury

Facts about Anesthesia Mistakes & Personal Injury

When you’re undergoing surgery, an anesthesiologist will provide sedation or general anesthesia to ensure that you don’t feel the pain of the procedure. However, anesthesiologists are human beings, so they can make mistakes just like anyone else. Hospitals and clinics around the country implement protocols to protect patients, but mistakes can still happen. Frightening Statistics Close to 40 million procedures involving anesthesia are performed every year in the United States. According to a study performed at Johns Hopkins, more than a quarter of a million people die each year due to medical errors, making this the third-leading cause of death in the nation. While not all of these deaths are directly related to errors made by anesthesiologists, some of them are, so it’s certainly cause for concern. Dosing Errors One of the most common mistakes made in the process of administering anesthesia is an error in the dosing. Medications must be dosed carefully based on the age, height, and weight of the patient, along with other critical factors. Errors in dosing are often made by anesthesiologists who don’t have a lot of experience, as well as those who are using different types of equipment or devices than they are used to using. Carelessness, haste, and inattention account for over 5 percent of the dosing errors made, according to the National Center for Biotechnology Information. Mistakes in Documentation When it comes to medicine, documentation is critical to ensure proper quality of care and transfer between the various staff members who might attend to a patient. Before, during, and after a surgery, a patient may interact with a number of medical professionals, so...

Common Medical Malpractice Questions

The laws and procedures surrounding Medical Malpractice can seem daunting if you aren’t familiar with the specifics. We’ve compiled some of the most common questions asked regarding Medical Malpractice to help you better understand what is it and what it involves. Q: What is the statute of limitations on Medical Malpractice cases? A: In general, the statute of limitations for Medical Malpractice cases is two years. However, that can sometimes be open for interpretation. You have two years to file from the time the incident occurred, or from when a family member, loved one, or guardian should have realized the issue. The later part of that statement is what is open-ended. A reasonable argument needs to be made to justify any delays in realization of a potential health issue. Q: What qualifies as Medical Malpractice? A: Medical Malpractice can be broadly defined as any time in which an injury results from a medical professional failing to adhere to the medical community standards of care. Wrongful death, medication errors, birth injuries, misdiagnosis, surgical errors, and negligence are some examples of Medical Malpractice. If you still have questions about whether what you or a loved one are experiencing qualifies as malpractice, please contact us. Q: What is the difference between Malpractice and Negligence? A: There are several types of Negligence; Malpractice is a type of negligence that involves a licensed professional. As such, Medical Malpractice is the negligence of a licensed medical professional- including doctors, nurses, and technicians- that is caused by carelessness. If a medical malpractice injury is found to be due to intentional harm, it can become classified as...

What is Medical Malpractice?

Medical malpractice refers to negligence by a healthcare provider or professional in which treatment that was provided was substandard, and resulted in harm, injury, or death to a patient. The medical malpractice or negligence typically involves a medical error, either in diagnosis of a patient, medical dosage, health management, treatment, or aftercare. The medical malpractice law is a way to provide patients with proper compensation from harms that may have resulted from sub-standard treatment from a medical professional. Below are some common questions and answers regarding medical malpractice lawsuits:  Is Medical Malpractice Common? Unfortunately, medical malpractice is very prevalent in today’s society; diagnosis errors alone cause up to 160,000 deaths annually in the U.S. According to Johns Hopkins researchers, as reported in BMJ Quality and Safety, diagnostic errors are the most dangerous and expensive mistakes American doctors make, estimated to cause between 80,000-160,000 deaths every year. According to Health Affairs, nearly one in every three that is hospitalized in the U.S. is susceptible to encountering a hospital error. What Are Some Hospital Errors to Look Out For? Providing a patient the wrong dosage of medicine Giving a patient the wrong medication Leaving things inside a patient’s body following surgery Misdiagnosis Staph infections Pressure ulcers (bedsores) What Characteristics Should My Claim Have in Order for Malpractice to be considered? Failure to provide proper care Injury resulting from consequence of negligence Very damaging consequences due to injury What are the Elements in a Malpractice Case? The Plaintiff – this is the patient, or a legally designated person who acts on the patient’s behalf The Defendant – this is the party that...

Prescription Medication Safety Precautions

Most Americans take a prescription medication of some kind every day. Whether it is treatment for a chronic condition or a short round of antibiotics, it’s important to follow common safety precautions so your medication provides you with all of the health benefits that it should. 1. OTC Medications Matter Often times when our doctors are getting our medical history and current medications, we leave out supplements or vitamins. Always remember to tell you doctor about any kind of supplementation you include in your daily routine because even other the counter medication can interfere with prescription medication. 2. Follow the Doctor’s Orders Make sure to pay attention to any special instructions your doctor gives you while going over your treatment plan. These instructions are usually included on the bottle or vial of your medication as well, but listening to your doctor’s instructions will enable to you get clarification on anything you’re unsure about. 3. Stick to the Recommended Dosage Unless specifically instructed to, never change the dosage of your medication. This includes taking more than the prescribed amount at a time and taking less. Unless advised to do so, never split your prescription pills in half, crush them, or otherwise tamper with them. Medication is in the form that fits its purpose best; altering this could alter the effects. The prescription strength is calculated based on your weight so make sure to keep your doses consistent and as instructed.   4. Take Your Full Course If you’re prescribed medication by your doctor, take it for the recommended amount of time. Stopping medication early, especially without prior approval from your...