Articles Posted in Medical Malpractice

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Fining a new doctor is not something that should be taken lightly. With medical malpractice cases making news weekly, many patients are beginning to understand the
importance of vetting a doctor before they entrust that medical professional with their health and wellness. If you are looking for a new doctor, no matter the reason, here are some tips to follow.

  1. Insurance

If you have insurance, you will want to take a look at your list of in-network providers. These are the people who you should be researching. Looking at anyone else would be a waste of time unless you plan on paying out of pocket for your medical care. You can find a list of network providers by visiting your insurance company’s website or calling their customer service line.

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Effective communication between a patient and doctor can reduce the chances of error. Medical malpractice experts are of the opinion that open lines of communication between a medical team and their patient are imperative for excellent care. Unfortunately, many patients shy away from asking their doctor questions, deferring to their professional expertise. If you need some tips for
communicating effectively with your doctor, keep reading.

Ask Questions

Never be afraid to ask your doctor a question. If you don’t understand something, ask that it be clarified. Jot questions down on a piece of paper before your appointment. Let the doctor know that you have questions that may require their time. You may be directed to a physician assistant or nurse.

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Every day, people enter the hospital for surgery and expect to wake up healed. For many, their expectations are met without issue. For others, expectations turn to fear as life-altering mistakes are discovered. Knowing the most
common surgical errors can help you and your family remain vigilant as you prepare to go under the knife.

  1. Foreign Objects Forgotten

When you have surgery, your medical team will use scalpels, sponges, gauze pads and other instruments and supplies. These are normally removed and set aside. Sometimes, though, these items are left behind in the patient and closed inside. When this happens, infection, pain and serious consequences can be the result. If you feel ill or in an way odd after surgery, be sure to consult your physician or surgeon immediately.

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The two major basis of medical malpractice claims are misdiagnosis and a failure to diagnose. It’s important to note that not all
misdiagnosis are grounds for a claim, and not all claims lead to successful lawsuits. Even some of the best doctors can misdiagnose patients or fail to diagnose an illness in a timely manner. In order for a case to be resolved successfully, improper medical care must be proven. In addition, the patient’s condition must be worsened due to that improper care.

What You Need to Prove

In order to prove your case, you must prove:

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Doctors go through a complicated process to gain the practical skills they need to become full-fledged doctors. One of these processes is residency, where a new doctor will train directly in real-world situations often under the auspices of a hospital. It is a necessary process, but it is quite possible to make mistakes during this critical time.

A carpenter in Seattle has won a judgment against a hospital who was negligent in treating a complication that cost him the use of his left hand. The carpenter had fallen 16 feet off of a scaffold and onto concrete. He sustained multiple fractures. During the course of treatment, a resident at the hospital neglected to treat a complication in the hand in time to save it from permanent nerve damage.

However, it wasn’t completely the resident’s fault. The suit alleged that the hospital was requiring residents to work shifts of 24 hours or more while supervising the care of 20-60 patients. To treat the condition that arose, compartment syndrome, treatment must be administered within 4-6 hours to prevent permanent damage. The carpenter’s wife told the staff that her husband was experiencing increased pain, but it wasn’t until 11 hours later that he was rushed surgery to relieve the pressure.

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What was the status of malpractice payouts in New York City this year? According to the New York City Comptroller’s Office, the numbers are up after a decade-long national decline in the number of payouts.

This is part of a national trend. In 2013 the number of medical malpractice payments in the US rose by 4.7%, the first increase in ten years. In 2014 the number rose again by 4.4%, and in that year the highest amounts per capita were paid out in New York, followed by New Jersey and Pennsylvania.

The number of malpractice claims filed against city-owned hospitals has increased as well, from 495 claims in 2013 to 512 claims in 2015. The Comptroller’s Office only measured hospitals that are owned by the City Health and Hospitals Corporation, which controls New York City’s 11 public hospitals.

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Medical professionals have long complained about frivolous lawsuits. While some medical malpractice suits certainly have their merit, others are nothing but a waste of the court’s time. Baseless lawsuits happen every day. People are not required to prove their cases to an incredibly high standard thanks, in part, to these ridiculous suits. Here are just a few of the
most shockingly embarrassing:

  1. Off Goes the Hand

A construction worker used a power saw to slice off his own hand after claiming to see “666” carved into it. His hand was packed in ice by coworkers and he was promptly transported to the hospital. A surgeon attempted to reattach the hand but the patient refused to give his consent. It should be noted that the patient was deemed competent by a psychiatrist. Later on, that patient sued the surgeon claiming that he was psychotic and the surgeon should have reattached his hand despite his refusal to allow the surgery.

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Some medical errors are preventable, and some are not. Unfortunately, if you were the victim of an error, you may have to suffer with the consequences. You may be forced to live with health issues or a debilitating injury. If you believe that you have been the victim of a medical provider’s mistake, there are steps you need to take.

Seek Medical Attention

The first thing that should be on our mind if your health. If you believe that you have been harmed by a doctor or other medical provider, seek help immediately. You may be frightened at the prospect of visiting yet another doctor, but it is in your best interest. Another physician may be able to help you.

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The term “medical malpractice” is one most people have heard of. It’s on television advertisements, in the news and online. But what is it, exactly? Medical malpractice is not always something that is easy to prove. In fact, it can be a complicated legal battle that requires the experience and knowledge of a dedicated attorney.

The Basics

Medical malpractice is caused when a medical professional does or doesn’t do something. More specifically, that something results in some type of injury or harm to the patient. This is called medical negligence.

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There is a long-standing tension between doctors and malpractice lawyers over tort reform. A recent survey from Medscape asked doctors their opinions on what should be done to reform the medical malpractice system. The most common suggestion was to implement pre-trial screening panels.

A pre-trial screening panel would investigate malpractice claims for medical merit before permitting them to go forward in trial. Currently, 17 states already use these. The intent is to throw out claims that lack merit to avoid court battles. While a negative decision by a screening panel doesn’t disallow someone to go to trial, the defendants can use the decision as trial evidence.

However, they have their detractors. Some states have outright banned the practice either through the courts or by the legislature. Also, some experts say that it’s difficult to screen cases early because there’s not enough time to discover everything about a case to make a clear decision. Attorneys believe that more research data is necessary to see just how effective screening panels are.

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