Medical Malpractice
In the United States, medical malpractice is a growing problem. Medical malpractice is a medical act or decision made by a doctor or health care provider that deviates from what is accepted as a standard of practice in the medical community and leads to injury or death. Medical malpractice can result from negligence from the hospital or any of the individual staff.
When a doctor fails to implement the quality of care and professional skill that a similarly skilled physical would, that is known as medical malpractice. If someone wants to take legal action against a health care provider you must understand that you need an experienced medical malpractice attorney. Large and complex lawsuits are far too much for a single individual to handle. Law firms have the financial and legal resources to handle a case like these.
Health care providers complain that medical malpractice litigation make insurance premiums for doctors to raise and that in turn cause them to leave their practice. But there is a positive impact that medical malpractice cases have. The medical malpractice cases can cause hospitals to realize that procedures need to reviewed and revised all the time. Also these malpractice claims can prevent further mistakes on the doctor’s part by increasing their awareness to the mistake. This in turn increases their level of care and responsibility.
Medical Malpractice Attorneys
Many individuals have been have been victims of medical malpractice which results in personal injury or death. Health care providers must live by a certain set of standards. If they do not, the results can be hazardous to their patients.
If you have been a victim of medical malpractice, you will need a medical malpractice attorney. Medical malpractice attorneys advocate for the rights of their client. A malpractice attorney can help recover any damages you might have. Medical costs, lost wages, pain and suffering can all be monetary damages a medical malpractice attorney can help you recover. Malpractice attorneys have recovered millions in damages for victims of malpractice and can help you too.
Related posts
- Medical Malpractice Defenses (If you’ve been a victim of medical malpractice, you have already been subjected to injury, damages and emotional distress, even before your case makes it to trial. For this reason, it’s important to be prepared and know what to expect before you end up in court so you won’t be surprised when the defense begins [...])
- Sacramento Plaintiff Must Prove Causation In Medical Malpractice Action, Part 4 of 4 ((Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.)
The following four blog entries follow-up the previous two entries from July. These entries address the same issues, but do so from the defense side. By comparing the entries readers [...])
- FDA Warns of Dangers of Sirolimus (Rapamune) for Liver Transplant Patients (Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire
Recently, MedPage Today reported that "The FDA issued an alert regarding the risk of increased mortality in stable liver transplant patients who switch from a calcineurin inhibitor-based (CNI) immunosuppressive regimen to sirolimus (Rapamune)." It was noted, however, "that a causal relationship has not been established and [...])
- Patient Bleeds To Death In Sacramento Hospital: Malpractice Suit Filed, Part 6 of 6 ((Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Significantly, the Supreme Court in Byrd held that in Ochoa the injury-producing event was the failure to provide proper medical attention - and that observing the symptoms was sufficient for bystander emotional distress:
The injury-producing event [...])
- Failure to Diagnose dissecting aorta / aortic dissection (As an experienced Baltimore, Maryland medical malpractice lawyer, I am frequently asked to comment on malpractice cases from around the county. Recently, a Philadelphia jury awarded $2.185 million in a medical malpractice case in which it was alleged that a hospital and two emergency room doctors failed to timely read x-rays. The patient [...])
- Israeli Doctor Gets 8 Years in Prison for Anesthesia Malpractice (A court in Tel Aviv, Israel found anesthesiologist Dr. Svetlana Rousso-Lupo guilty of manslaughter in the death of a child while under her care. The doctor has been given an eight year sentence, the harshest punishment the country has ever imposed in a case of medical malpractice.
The case surrounded the 2005 death of 3 year [...])
- “Incompetent” Doctor Ordered to Undergo Retraining Appeals: Cape Breton (Cape Breton Doctor Incompetent
The College of Physicians and Surgeons of Nova Scotia found Dr. Stani Osif guilty of professional misconduct and professional incompetence under the Nova Scotia Medical Act. I posted about the charges a couple of months ago: Cape Breton Doctor so "Incompetent" no Training Program can Help: College of Physicians.
Osif Ordered [...])
- Hospital Acquired Infections: Is it Medical Malpractice? (Hospital Infections Widespread Problem
Infections acquired while getting healthcare for an unrelated condition is becoming a common, and dangerous, problem in hospitals across North America.
MRSA (Methicillin-Resistant Staphylococcus Aureus) has been in the news a lot. MRSA is a potential deadly infection caused by bacteria that has become resistant to most antibiotics. For example take a look [...])
- No “Wrongful Life” in Canada: Supreme Court (In Canada there is no such thing as a claim for "wrongful life". In a ruling released last week, the Supreme Court of Canada denied leave to appeal a Court of Appeal decision that confirmed that Canadian law does not recognize the tort of "wrongful life" as a legitimate cause of action.
In Hergott, et al. [...])
- Failure to properly report x-ray, CT or MRI results – Medical Malpractice (An Indiana jury has issued a large verdict in a medical malpractice case last month, an unusual thing in a state where such judgments are rare. The jury awarded the woman $5 million after miscommunication about X-rays led her to lose a portion of her stomach. Due to caps on damages, the verdict [...])
- IV Error Results in $1 Million Wrongful Death Settlement (The family of a Vermont woman who died as a result of an IV error has been awarded a $1 million judgment in her wrongful death lawsuit.
The victim, Katherine Coffey, had been admitted to Dartmouth-Hitchcock Medical Center in 2005 to be treated for fluid in her lungs following a recent open heart surgery. While undergoing [...])
- Sacramento Doctors Sued For Malpractice, Part 1 of 4 ((Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.)
The following blog entries follow-up the previous two entries from July. These entries address the same issues, but do so from the defense side. By comparing the entries readers should [...])
- Doctors Fail to Report Abnormal Test Results At Alarming Rate (Posted by: Salvatore J. Zambri, Esquire
Doctors fail to report clinically significant findings to their patients in more than seven percent (7%) of the cases, according to the Associated Press, relying on a new study published Monday in the Archives of Internal Medicine. Physicians' use of electronic medical records tended to lower instances of failures to [...])
- Doctors Forcing Patients to Sign Gag Orders (Can you believe this?!
There are doctors who are forcing patients to sign a contract promising not to criticize the doctor, "his expertise and/or treatment."
No signature-No medical care
If the patients won’t sign the contract, the doctors won’t treat them.
I will ask again: Can you flippin’ believe this?!
Doctors don't like online reviews
The contracts are in response to [...])
- How Do I Know if I Have a Medical Malpractice Claim? (When I am asked to review a possible claim for a client wondering if they have been a victim of medical malpractice, it often takes months of investigation and requires reviewing hundreds of pages of medical records and reports. In many cases I have to get a medical expert to provide a medical-legal opinion on [...])
- Newt Gingrich Panders To Doctors Without The Facts (Newt Gingrich is now writing opinion pieces for the Philadelphia Inquirer about the topic of tort reform. Its premise is that the real victims of malpractice claims are:
The Economy and New Jobs.
I guess it's timely, but where the heck is the proof for that? His examples of cases of tort reform that were passed and [...])
- Medical Malpractice – Intravenous Therapy Errors (Intravenous therapy, or IV for short, is the process of administering medication directly into a patient’s vein. Given the delicate nature of this type of treatment, it is understandable that IV’s can be considered one of the riskiest ways to administer medication. For that reason, IV errors can have devastating consequences including life altering injuries [...])
- Study Suggests Hormone Therapy Increases Risk of Ovarian Cancer (Posted by: Salvatore J. Zambri, Esquire
According to a recent Danish study, women who undergo hormone replacement therapy after menopause are at a meaningfully higher risk of developing ovarian cancer. A Reuters report states that the study, published in the Journal of the American Medical Association, comments that women who took hormone replacements were 38 percent [...])
- Insurance Companies Part In The Medical Reform Debate Needs To Be Watched (For many Americans, the Obama administration directive to seriously attack the heath care crisis was a welcomed plan. There is no doubt that costs are continuing to rise and more and more people are in need of help paying for their care. As always, there will be groups that will want to gain financially from [...])
- You Can File a Complaint About Your Doctor! (I get several calls a week from patients, of family members of patients, who are concerned about the care that they, or their family member, have received from their doctor or hospital.
In most cases, a careful investigation of the facts reveals that there are no grounds for a medical malpractice claim (in other words, [...])
- Justice In Texas Points Out The Injustice Of The Law (The first week of July in Harris County, Texas, a man who lost his leg from mid-thigh down, part of his right foot and all of his fingers received a verdict of $10 million. The man was injured after an allergic reaction to Heprin. Under the present law in Texas, he would have really received [...])
- Sacramento-area Family Files Medical Malpractice Action, Part 9 of 9 ((Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
DAMAGES
As to Alexandra, the damage to his body speaks for itself. Plaintiffs presented substantial and credible evidence on this issue with the testimony of Dr. Peter W., Dr. Nathaniel T., Dr. Paul U., and Dr. Marilyn S.. [...])
- Detached Retina May Be Medical Emergency (According to a recent Johns Hopkins University Health Alert, a detached retina may be a medical emergency that can result in blindness. As you edge over age 40, the vitreous -- the clear gel-like substance inside your eyes -- begins to liquify and shrink. Within the gel are millions of fibers attached to the retina, [...])
- Medical Malpractice and “The Oprah Effect” (Oprah Investigates medical malpractice
My wife loves the Oprah show. She DVR's the program and watches it (almost) every night. Tonight she asked me to watch todays show about Medical Errors.
100,000 Americans 24,000 Canadians Die Every Year
Oprah and one of her regulars, Dr. Oz turned a spot light on a problem that kills more than 100,000 [...])
- Medical Malpractice Suit Filed On Behalf Of Sacramento Woman, Part 5 of 6 ((Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
The defense cites Bird v. Saenz (2002) 28 Cal.4th 910. In Bird, the Supreme Court denied bystander emotional distress to plaintiffs who saw their decedent being briefly rushed through a hospital hallway in respiratory distress. The [...])