Articles Posted in Medical Malpractice

Medical malpractice cases are typically brought before the court by people who are seeking compensation after being injured by a medical professional. These injuries may have arisen from a mistake or negligence on the part of the professional.

The majority of medical professionals provide a high standard of care for their patients. Unfortunately, there are still things that can go wrong. When that happens, you may be eligible to bring a medical malpractice lawsuit. Here are the first steps.

Contact Medical Professionals Involved

As medical malpractice attorneys, we handle a wide variety of cases. Typically, we hear from clients who have been directly injured by a medical professional or, in some cases, have children who have been injured. In other instances, we must determine if something could have been inadvertently caused by a medical professional. Such is the case in some car accidents. What may come as a surprise to many people is that car accidents, in specific cases, can be considered a form of medical malpractice. But how?

Normally, a car accident is caused by a driver. Someone is speeding, someone is driving recklessly or someone is intoxicated. There are a variety of reasons that people are involved in accidents. In some cases, the cause of an accident occurs well before the collision. This is the case when a car accident is considered a form of medical malpractice. Here is what happens.

Example 1:

Gastric bypass surgery has long been suggested as a way for individuals to lose a substantial amount of weight fairly quickly. Those who are severely overweight and have had no luck with traditional diet and exercise turn to the surgery as a final solution.

The invasive procedure has taken on different forms. Typically, the stomach is rerouted in some way so that food and beverages bypass the normal route of route through the body. People who have had the surgery are only able to eat small amounts and caloric intake is restricted. The result is rapid weight loss. Unfortunately, this invasive surgery does not always have a positive outcome.

Many surgeons advertise on the web or in print publications that they are able  and willing to perform gastric bypass surgery. While many are highly qualified and more than capable, some aren’t. Because people first decide that they want the surgery and then search for a doctor, many patients find doctors who should not be performing the surgery at all. It is important to note that any surgeon should be researched prior to being chosen.

Thousands of people undergo surgery across the country every day. Many people put their full trust in their medical team and accept that a surgery is necessary without question. Unfortunately, thousands find that a surgery is performed unnecessarily or incorrectly and must live with the consequences.

You are your own health advocate. You have every right to question your medical team and, in the case of surgery, there are definite questions that should be asked. Here are just a few of the more typical questions that should be posed to your medical team before you go under the knife.

1. Experience

If you are a new parent, you may not yet understand the close relationship that you will develop with your child’s pediatrician. This medical professional will be your source of information when your child is sick, and they will help you understand all of the milestones you should be watching for. Selecting the right pediatrician is important and should not be taken lightly.

Think of choosing a pediatrician like shopping for anything else. You want to make sure the doctor is the right fit and will meet your expectations. Here are five questions to ask a pediatrician to help decide if they are the right one for you and your child.

1. What hospital are you affiliated with?

Tripler Army Medical Center has been ordered to pay $9 million to a family as the result of its settlement of a medical malpractice suit. Rather than take the case to court and attempt to defend itself, the medical center has agreed to settle with the family affected by its mistake.

According to the suit filed, a woman was transported to the hospital in September of 2010. Her medical history was known to the staff as was her increased risk of uterine rupture. Despite knowing her history, a first-year doctor failed to summon help when the woman’s uterus ruptured.

As a result of the rupture, oxygen was cut off to the unborn child, leaving him with cerebral palsy and brain damage. The child is permanently disabled and will require constant medical assistance for the remainder of his life.

People are prescribed narcotic medications for a variety of reasons. Some are recovering from dramatic injuries and others have just come through surgery. No matter the reason, being prescribed a pain relieving medication is not without its risks. Most popular pain medications on today’s market are made from Opium, the prevalent ingredient in heroine, and are highly addictive. Percocet, Vicodin and even OxyContin are prescribed on a daily basis and abused just as frequently.

Patients can easily become addicted to these medications, prompting the question: Is addiction grounds for a medical malpractice case? The answer is not as clear cut as people would like. To prove a successful medical malpractice case, an attorney must show evidence that a medical professional was negligent. How can a doctor be considered negligent for trying to help a patient make it through a period of pain?

If a doctor fails to take an adequate medical history, continues to prescribe the medication beyond its typically warranted period, or even fails to seek assistance for a patient who is known to be addicted, that doctor may be found legally liable for the addiction. As with any other medical malpractice case, an attorney must prove several things: