Articles Posted in Medical Malpractice

There has been much in the news about antibiotic resistance. Many of the articles that have been written are full of medical-speak, making it hard to understand exactly what is going on. What we do know is this: Antibiotics have been prescribed at such a high rate that diseases are developing resistance to them. In other words, it is taking stronger antibiotics or different drugs altogether to fight diseases that were once somewhat easily treated. Here’s what else we know.

The Why

The overuse and misuse of antibiotic medication has promoted the development of bacteria that are resistant to it. When you take an antibiotic, the bacteria that is sensitive to it is killed while resistant bacteria grow. This is why the repeated use of antibiotics is a problem.

You have been visiting the same doctor for years and have recently found out they were sued. Should you be worried? The answer to that question is not as clear-cut as you may think. In some cases, yes, you have a right to be concerned. In other cases, no. Here is how to know when it may be time to look for another doctor.

A Pattern Of Payouts

One malpractice case does not indicate that your physician is a bad one. It doesn’t necessarily mean that the doctor was guilty of any negligence. If an insurance company paid out, it may have been simply because it was cheaper than going to trial. If your doctor was sued, they could have been sued as part of a group of people. One lawsuit does not mean you need to head for the hills.

We’ve all seen the billboards and know the figures: Smoking kills! Drinking and driving kills! While these statements are true, a different threat has been creeping up through the ranks of causes of death: medical errors. Stories are all over the internet of nurses giving wrong drugs to patients or surgeons lopping off the wrong leg. For the longest time, these were thought to be rare exceptions, caused by tired or inexperienced medical professionals.

But that school of thought is now moot.

In a recent study from the British Medical Journal, it was revealed that medical errors are now the third-leading cause of death in the United States. According to the report, medical errors take almost as many lives annually as chronic obstructive pulmonary disease (COPD), suicide, firearms and car accidents combined.

As the health of our parents’ declines, we may find ourselves becoming more involved with their care. While doctors certainly make errors on their own, many people confuse medical malpractice with a doctor not having been given enough information with which to do their job. To ensure our parents are getting proper care, it often becomes necessary to step in and play a role in their relationship with their medical providers. Here are some tips for talking to your parent’s doctor and care-giving team.

1. Health Care Proxy

No matter how old our parents, they are still privy to a doctor-patient relationship. This means that a doctor cannot provide you with information without your parents’ permission. A health care proxy or durable medical power of attorney is important. This will ensure that the doctor knows that you are responsible for making health care decisions if your parent becomes unable to do so. An attorney can help you draft this paperwork and file it.

Making the decision to place a loved one in a nursing home can be stressful for you and your family. It is never an easy thing to do, but it is often the best decision for elderly loved ones who can no longer effectively care for themselves. When you are looking for a nursing home, you want to be sure that you are doing so with care and caution. Here are tips for looking for the right things when  you are visiting any nursing home.

1. Stop and Listen

Stop and listen to the noises around you. What do you hear? Listen to hear if staff call residents by their names. Staff should be respectful of residents’ choices, and this is a generation that is used to being referred to formally.

Choosing a doctor in today’s wake of medical malpractice claims can be daunting. You want to be sure you are choosing a medical provider who you can develop a lasting relationship with and not have to worry about mistakes or negligence. Knowing whether or not patients have filed claim against a medical professional can help in your decision-making process. Here’s how to find out.

1. State Medical Board

Every state in the country has a medical board that licenses medical professionals in their state. These are also the people that keep track of medical malpractice claims. Almost every state has a website for its medical board that is free for the public to use. A simple search of such a site will let you know if a doctor you are considering has had any disciplinary action taken against them or has been to court for medical malpractice.

When you are hurt due to a medical professional’s negligence, you may think that you have an unlimited amount of time to decide to file a personal injury lawsuit. Unfortunately, you are under a false impression. There is a statute of limitations in medical malpractice cases that everyone needs to be aware of.

Standard Deadline

In the state of New York, a lawsuit claiming medical malpractice must be filed within 30 months of the alleged malpractice. If you received continuous treatment for the same injury or illness that gave rise to the malpractice, you have 30 months from the last date of your treatment to file suit. Should you fail to file suit within this time frame, you lose your right to sue unless you meet one of the following exceptions.

Before a doctor delivers treatment or performs a procedure, you must be permitted to provide informed consent. This means that you have been fully informed of the risks and potential complications surrounding the treatment or procedure, and you elect to move ahead despite those risks. When a medical professional fails to secure informed consent from a patient, they may be found guilty of medical malpractice.

What Is Informed Consent?

There are very few medical procedures that are without risk. It is a medical provider’s responsibility to provide their patient with information about a procedure so that the patient can determine whether or not to undergo the treatment, procedure or test. Many medical professionals put these risks in writing and require that their patients sign an official type of informed consent in order to protect themselves.

Medical malpractice seems to be in the news frequently lately. From doctors who remove the wrong ribs to people who have surgery meant for other people, cases of medical malpractice are downright scary. If you want to know the down and dirty of medical malpractice, we have facts that you may be interested in.

1. There are between 44,000 and 98,000 people in this country who die every year due to medical errors that were entirely preventable.

2. Medical errors cost society as a whole between $17 and $29 billion each year.

The National Vaccine Injury Compensation Program, or VICP, is a federal program that offers compensation to people who have been injured due to specific childhood vaccines. Those who are eligible for compensation, or their guardians, can forego the court system and go through this process instead. Claims are awarded from the recovery’s fund.

What is the Purpose?

Three decades ago, lawsuits began to hit the court system in record numbers. These lawsuits claimed that people had been injured by childhood vaccines. The lawsuits acted as a sort of deterrent, causing many companies to stop developing new vaccines, even if they had been proven to have a social benefit.