Archive for the ‘Medical Malpractice’ Category
Nurse Malpractice
Numerous reports have been made over the past decade, regarding the incidents of medical mistakes occurring in the United State. The Institute of Medicine reported in 1999 that close to 98,000 fatalities a year could be blamed on preventable medical mistakes. In 2006 there was a follow up study that revealed medication mistakes harm over one million individuals each year in addition, other medical errors harm hundreds of thousands more. As a matter of fact, the IOM states the occurrences of medical mistakes in the U.S. an epidemic. And physicians are not the only ones responsible. Nurses may also perform actions of negligence that result in major injury or death of the patient. This is commonly referred to as nurse malpractice.
Factors that Contribute to Nurse Malpractice
Nurse malpractice has become increasingly common in recent years, in part because of a severe shortage of trained nurses to staff hospitals and other healthcare facilities. The problems that arise as a result of nurse staffing shortages are a couple:
- Nurses are required to work longer shifts. However, becoming fatigued is a result of working longer hours, which increases the risk of medical errors. In 2004, there was a study that showed a major increase in nurse malpractice when working over 12.5 hours.
- Hospitals and healthcare facilities are more likely to hire unlicensed/unregulated nurse aides to fill the need left by a shortage of registered and licensed practical nurses.
Another factor that contributes to nurse malpractice is failure to communicate. Even though miscommunication are not typically planned, the pain is still devastating and sometimes deadly.
Common Types of Nurse Malpractice
There are numerous types of nurse malpractice, but some of the most common include:
- Failing to follow doctor’s orders
- Failing to monitor a patient or care for a patient when necessary
- Dispensing the wrong drug, the wrong dose of drug or a drug to the wrong patient
- Carrying out medical procedures without the necessary qualifications
Any of these errors can result in potentially fatal consequences, including:
- Organ damage
- Drug toxicity
- Cardiac arrest
- Infection
- Coma
Have You Been Injured by Nurse Malpractice?
Nurses are medical professionals and with their line of work comes a duty to provide patients with a standard level of medical attention. A victim of negligence has legal rights when a nurse acts in a negligent way.
Depending on the circumstances, a victim of nurse malpractice may be entitled to compensation for medical costs, lost wages, pain and suffering, and other losses. In the event of death, family members may be able to file a claim for funeral expenses, loss of companionship, and loss of support, among other things.
Keep in mind, there are legal deadlines that apply when filing a nurse malpractice case so as soon as you believe malpractice occurred, talk to an experienced attorney.
Contact Our Law Firm Today
For a free claim evaluation, contact the nurse malpractice attorneys at our law firm today. An evaluation of your case can be done by one of our attorneys and they will explain your legal rights.
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When should a Lawyer be appointed?
Legal cases are often lengthy, protracted and not something to be entered into lightly. This blog looks at why it is important to find a good solicitor as soon as you think you have a case and some of the things you should look for when choosing a solicitor to help ease the process.
If you do have a case, see a solicitor as quick as you can- strike while the iron is hot. Despite the media’s hype that solicitors will simply back any spurious legal case, this is simply not the case. If you consult a solicitor, but they feel that you do not have a case, or it is so weak that success may be unlikely, then they will tell you, so that you do not waste your time progressing a case that is doomed for failure.
You should be able to get a free interview or a response by email. Here the solicitor will tell you whether or not you have a legal case and it is worth proceeding.
So there is little point in just thinking about whether you have a legal case: you need to ascertain the facts. Often there can be timescales associated with litigation, so you need to be sure that you comply with these timescales: otherwise you could have a case, but it may be out of time, in which case there is no point proceeding.
It is important to find a solicitor with some expertise in the field on which your case focuses.Many Lawyers, for example, will specialise in areas of law such as wills, divorce or house buying. Ascertaining which solicitors deal specifically with a particular area can be easily done, through a quick Internet check or consulting the solicitors directory.
Finding a solicitor should also be about finding someone that you feel happy and at ease with.If you do not feel happy talking to a particular solicitor, there are plenty of others out there, so find one you are comfortable with. They will be the person to fight for your rights, so there has to be a basis of trust and understanding there.
And remember that a good solicitor will pay for themselves many times over, so as soon as you think you have a case, do not delay: see a solicitor and find yourself a good one!
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What is Medical Negligence Compensation
Preventable errors due to medical negligence are responsible for as many as 98,000 deaths in the United States each year, and this is in addition to the hundreds of thousands of patients who suffer unnecessary injuries. Seeking compenation is the legal right of medical negligence victims (and in some cases their families) for the losses endured.
At our law firm, we represent victims of medical negligence and strive to obtain fair compensation for each of our clients. If you believe you have a case, speak with our attorneys and we will evaluate your claim at no charge.
Medical Negligence Compensation: Myth vs. Fact
In addition, a 2006 Harvard study showed that the significant majority – 97 percent – of medical malpractice lawsuits filed are based on legitimate claims of injury and death. Most likely this is because medical negligence claims are complex and to go to court can cost a lot. Alternatively, a client will not be represented by an attorney unless they have a valid claim medical negligence compensation.
Compensation May Be Your Legal Right
When individuals suffer unnecessary harm due to medical negligence, they may not be able to regain what they have lost physically or emotionally. But individuals may be able to recover what they lost financially.
If you suspect your injury is due to medical negligence, compensation can be awarded if you pursue a claim. And you should exercise this right for a couple of reasons:
- To compel those who caused you injury to accept responsibility for their negligence
- To help deter future acts of negligence
- To ensure you receive a remedy for your losses, even if money will never be able to repair the harm that has been done
Do You Have a Valid Medical Negligence Compensation Claim?
If you have suffered any of the following, you should talk to an attorney to determine if you have a valid medical negligence compensation claim:
- Misdiagnosis – Were you diagnosed with an illness you didn’t have, or did the doctor fail to diagnose you altogether?
- Surgical mistakes - Where medical instruments are left in the body after the procedure? Or the surgeon made a mistake and amputated the wrong limb or removed the wrong organ?
- Prescription mistakes - The distribution of the wrong medication or wrong amount?
- Delivery room error - Was cerebral palsy or Erb’s palsy the diagnosis of your baby after a traumatic delivery?
There are other types of medical negligence, and it’s always best to seek legal counsel as soon as possible if you think you medical malpractice has occurred.
Contact Us about Medical Negligence Compensation
To find out if you are eligible for medical negligence compensation, contact our law firm today. We can evaluate your claim, answer your questions and advise you of your legal options.
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Medical Malpractice Lawyers can Help
A certain level of care needs to be exercised by doctors and other medical professionals and if the fail to meet this duty serious damage can result of the patient. In the United States, medical malpractice is a growing problem. Hundreds of thousands injuries occur each year shown from statistics of medical errors, even more so 100,000 result in death.
How Medical Malpractice Lawyers Help
Medical malpractice lawyers act as advocates for those harmed by the negligence of doctors, nurses, hospitals, and other individuals and organizations that have a professional obligation to their patients. Specifically, medical malpractice lawyers help injured individuals recover their damages, typically in the form of monetary compensation for losses such as:
- Medical costs
- Past and future lost wages
- Pain and suffering
The medical malpractice lawyers at our law firm have helped victims of negligence across the United States secure millions of dollars in compensation for the damages they suffered and we may be able to help you too.
Do You Have a Case?
There are many different types of negligence cases, and only experienced medical malpractice lawyers can evaluate a claim to determine whether it can be pursued legally. Generally speaking, it’s a good idea to have medical malpractice lawyers evaluate your claim if:
- A doctor failed to obtain your informed consent prior to a medical procedure
- A nurse performed a procedure which he/she was not qualified to perform
- A surgeon operated on the wrong body part or left a surgical instrument inside your body
- A doctor or nurse administered too much medication or the wrong type of medication
- A laboratory error resulted in a misdiagnosis or failure to diagnose
- You suffered an IV error
- You were denied timely treatment – during labor and delivery, this can result in harm to the mother and/or the infant
- A nurse failed to call a doctor when necessary
Even if you have suffered something you don’t see listed here, you should consider consulting a medical malpractice lawyer. Free evaluations are given by our medical malpractice lawyers at our law firm and we will assist those who were injured learn more about their legal rights.
Protect Your Rights
Contacting medical malpractice lawyers as soon as you suspect negligence is crucial to protecting your legal rights. State laws limit the amount of time injured individuals have to file a lawsuit – this time limit is known as a statute of limitations and it varies by state.
To learn more about your legal rights, speak with one of our medical malpractice attorneys. We will listen to the details of your claim, make a determination if there is a valid claim and then go over your legal options.
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Failure to diagnose
The best treatment of a condition begins with a precise diagnosis. The failure to diagnose an illness properly can lead to extended sickness and unnecessary medical complications.
Many factors come into play when correctly diagnosing a disease: an accurate assessment of symptoms, the doctor’s knowledge of the condition, effective laboratory testing and the patient’s ability to communicate symptoms.
Because identifying an illness is a complex process, misdiagnosis is one of the more common medical mistakes. Misdiagnosis comes in many forms, from failure to diagnose a condition to a partial diangosis. A partial diagnosis may misidentify the correct subtype of disease, miss medication causes, related conditions or certain complications associated with the disease. The definition of the failure to diagnose is not identifying the illness entirely.
Misdiagnosis follows certain patterns: some diseases are more difficult to diagnose than others, while some medical settings lead to misdiagnosis more frequently than others.
Infant conditions; mental, emotional and behavioral disorders; digestive diseases; rare conditions; and illnesses with vague symptoms can all be challenging to assess accurately.
- Infant conditions: Because infants cannot communicate verbally, diagnosing an illness is naturally more challenging. Doctors must be especially attuned to behavioral signals, such as eye-rubbing or ear-pulling as possible clues to identifying illness. A thorough physical exam and lab tests also hold significant importance when assessing infants.
- Mental, emotional and behavioral disorders: The motivations and causes of human behavior range widely from one individual to another, making the correct diagnosis of these disorders difficult. In many cases, patients may not be aware of changes in their behavior or be able to accurately communicate changes in their moods or mental states. Also, physical tests, such as urine or blood tests, may not be of use when diagnosing the condition.
- Digestive diseases: Accurately diagnosing these illnesses present a challenge because of their similarity. Different digestive conditions can have the same symptoms and this can make if difficult to diagnose the exact condition.
- Illnesses with vague symptoms: Symptoms provide the clues a doctor uses to determine the type and cause of an illness. Identifying the underlying disease is hard to do when symptoms are vague, brief or variable. For example, many conditions are associated with general fatigue, such as lupus, multiple sclerosis, chronic fatigue syndrome, Lyme disease and hypothyroidism.
- Rare conditions: Diagnosing an illness depends, in part, on recognizing patterns and making correlations between symptoms. The easy classification of a rare condition can defied because they do not fit the familiar disease patterns. Or they may fit familiar disease patterns and be mistaken for a more common disease. Additionally, if a rare disease was never encountered by a particular doctor, the chances they will diagnose the illness accurately is low.
Where a patient is diagnosed also can affect the accuracy of the assessment. Emergency rooms typically will have a higher rate of failure to diagnose an illness accurately. The time and environmental pressure involved in diagnosing patients in an ER help account for the greater incidence of misdiagnosis in this setting. Most malpractice cases are from the failure to diagnose patients correctly. Among the top misdiagnosed conditions leading to malpractice lawsuits are breast cancer, myocardial infarction, lung cancer and colon cancer.
The failure to diagnose a disease delays proper treatment and increases the probability of the disease causing harm. Seeking a second opinion is one of the best methods of ensuring proper diagnosis. Multiple opinions can be invaluable, especially when it comes to diseases that are inherently hard to diagnose.
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Is There Any Justice?
View Video on this story at: http://www.lifelinehosting.net/sendiodom.htm
As children, it is almost an automatic fear to not like or go to the dentist. It is usually an experience we have had in getting a cavity filled or some dental work that seemed painful at the time. However, as we grow up we know this is just a silly fear and eventually get over it. What about when the dentist really does give you a reason to feel that way? Such is the case of Sendi Odom, who went to have a procedure done that hundreds or possibly even thousands have done daily but this particular instance changed her life forever.
It started in the beginning of 2008 with a regular dental visit in which Sendi took the advice to have her wisdom tooth removed and within a few short weeks, this visit would change her life. This visit would lead to a diagnosis of a life of pain and torment, as she had never experienced before and none shoud ever have to. On May 21, 2008 a dentist brutally injured Sendi so much so that now, almost 2 years later, she still has difficulty eating solid foods, she cannot sing in the choir, she can longer homeschool her children, talking and smiling are an effort that must be taken cautiously. Her life consists of every decision to talk, to eat or to smile being followed up by pain medicine.
During her visit, as you will hear in the video, the assistant openly invited Sendi’s mother to the room. While Sendi was expressing to the dentist that she was experiencing discomfort, her own mother felt the inability to say anything to defend her for fear of being sent out of the room and not knowing what was happening to her daughter. In the course of events that follow, Sendi visited the emergency room about 8 times, and was persistent in her steps to find help. During these visits, help was found through an oral surgeon but the diagnosis was one of pain for life. At this point, all she could do was find someone who knew it was real and was willing to oversee her care. Although they have the pain managed with medicine, she still has to be careful in everything she does.
We invite you to watch this video and see Sendi for yourself and hear her story. If you wish to contact Sendi you may do so at: sendiodom@gmail.com
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Rx Help Provides Assistance to North Dakota Patients Hurt by Recession
In order to help residents that are without medical insurance and financially-fraught residents get hold of the medicine that they badly need, there is an greater than ever civic awareness that there are programs that offer prescription drug help for free or practically free. With the state’s joblessness rate now at a record high, the importance of those programs is magnified. There are companies that present a one stop resolution to more than 900 patient assistance programs that support those who are are without personal medical insurance or struggling financially.
So far, those programs have assisted hundreds of thousands of citizens find out if they may perhaps qualify for prescription assistance program free or discounted medicines. This is on the whole useful news, for at this moment there are more patients out of work than ever before over the previous 19 years. Persons who meet the requirements for support from the participating prescription assistance programs get access to more than 2,325 brand-name and generic prescription medicine. Consumers in search of relief from one of those companies can call a toll-free number to speak to a qualified representative or log on the company’s web site. It just takes around 15 to 20 minutes to find out if you or someone you might know can meet the requirements for free or discounted prescriptions.
At a point when nationwide job loss is the highest in just about three decades, these support plans has become an important link for a mounting quantity of workers. Tens of thousands of Americans have been added to the out of work rolls over the last several months and there might be a sharp rise in the number of our consumers losing healthcare insurance benefits. Tens of thousands of patients are in need of prescription assistance plus people who must have prescription medication to fight such unbearable chronic diseases as cancer, heart disease, depression and copd. For the most part residents who need help need it for more than one drug. This can make quite a baffling procedure for the reason that of all of the paper work that must be completed, physician’s authorization obtained and proof of income submitted.
Patient assistance companies relieve the patient of all of that bother by performing as the patients representative and performing all of the tasks. These companies charge a small fee for their service but it is well worth it. Typically these companies will manage everything concerning you, your doctor and the prescription drug companies. It might take somewhere from 3-9 weeks for the patient to get your prescription medicine so you have to apply early.
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How To Obtain Assistance When You Can Not Afford Your Medication
Prescription medicine help is available to millions of Americans. You’ve most likely heard or seen ads or commercials that individuals might receive their medications for free, or at a low cost. Have you seen the Help For Prescription bus? TV celebrity Montel Williams talks about an outfit that assists people get assistance if they can’t pay for the drugs they are prescribed. These prescriptions help them with their illness. There is even an orange bus who crosses the country to sponsor free medication programs. When cost saving actions aren’t sufficient to help meet the expense of drugs, there are a quantity of programs calculated to assist the person stretch your health care dollar. Hospitals, medical schools, government agencies, and even prescription drug companies themselves offer a variety of strategies to assist patients in need of assistance. You’ll likely have some assistance applying for these programs, and may well have to make available specific personal financial details, but the benefits should be huge.
It is exceedingly demanding for loads of patients to meet the expense of their drugs if they don’t own medical insurance. For brain cancer patients, this is specially true.
For patients that are undergoing chemotherapy treatment, the need for anti-nausea medication is pretty high because of the upset stomach that the chemotherapy causes. Chemotherapy will commonly cause you to grow to be anemic so an iron supplement is often given. The list might go on and on. It isn’t unusual for a cancer patient to have medicines costs as big as their house payment..or bigger!
What are you to do if you need assistance paying for your medicine?
The worst thing a individual might do is to stop taking their prescription medicine. There are a lot of programs provided which provide free and reduced cost prescription medication assistance.
• Patient Aid- All hospitals boast a social worker who can help you search for grants and other programs aimed at helping you with your healthcare needs. This will be your opening stop in searching for aid. Always report to your medical doctor if you can’t pay for medicine or care. He or she may perhaps know of a plan personally to support you, also.
• PPARx- The Partnership for Patient Assistance is a outfit intended at serving folks who can’t meet the expense of their prescriptions. They have created a database of over 1000 plans and more than 5000 medications provided for reduced or no cost help. They help in determining what you are entitled for and applying for the aid. The benefit is free and offered online.
• Pharmaceutical Companies- A lot of citizens would not imagine prescription drug companies provide assistance, nevertheless a lot will. Gsk offers a prescription plan for those taking their prescription medication and cannot come up with the money for them. Track down the maker of your medicine by asking your general practitioner or pharmacist and try out the web site for medicines assistance programs.
You are not the only one with this issue. Please, do not be humiliated.
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What To Do When You Need Assistance With Your Medication
Help for prescriptions is available if you qualify. Prescription drugs may be enormously expensive and yet more so if you don’t have health insurance. Help with prescriptions can make your recovery go a lot faster. This is especially true with breast cancer patients.
Let’s say you have been getting chemotherapy, although it causes an upset tummy, therefore you are given a anti-nausea medicines to go along with it. Chemotherapy will normally cause you to grow to be anemic so an iron supplement is frequently prescribed. It becomes a brutal cycle. What it amounts to is that a cancer patient may possibly very easy be spending more for drugs than their house payment! At this point you need to turn to a prescription program assistance.
When You Need Help Paying for Your Medications
The worst thing a person can do is to stop taking their medications. There are several programs offered that offer free and reduced cost drugs assistance.
• Hospital Social Worker- Most hospitals have got a social worker which should help you locate grants and other programs aimed at assisting you with your health care requirements. This must be your earliest stop in searching for assistance. Always tell your medical doctor if you cannot pay for medicines or care. He or she might know of a package personally to support you, also.
• PPARx- The Partnership for Patient Assistance is a establishment intended at serving folks that can’t afford their prescription drugs. They have created a database of in excess of 750 plans and more than 5000 medications provided for reduced or no cost help. They assist in determining what you are entitled for and applying for the assistance. The service is free and provided online.
• Drug Companies- A great deal of persons would not imagine prescription drug companies provide aid, nevertheless some will. Pfizer gives a prescription medication plan for patients taking their medicines and can’t pay for them. Locate the manufacturer of your prescription drugs by asking your general practitioner or pharmacist and check their website for medication assistance programs.
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Medical Malpractice Laws
Medical malpractice refers to an act of negligence on the part of a medical practitioner that results in harm to a patient. When a medical professional fails to act when needed, this is called negligence. In the U.S. medical malpractice is a major problem and is the cause of hundreds of thousands of injuries to Americans, sometimes it causes death.
The Purpose of Medical Malpractice Laws
Medical malpractice laws exist to protect patients and provide them with legal recourse when they have suffered injury. Specifically, medical malpractice laws perform several functions:
- They allow the injured to hold negligent parties legally accountable
- They allow injured parties to seek compensatory damages such as money for medical expenses, lost wages, and pain and suffering
- They serve as a deterrent to medical professionals
Each state has its own set of medical malpractice laws, so it’s important to talk to an attorney who handles malpractice cases if you think you have a claim.
What Types of Negligence Do Medical Malpractice Laws Cover?
Medical malpractice laws cover a wide range of negligent acts, including (but not limited to):
- Failure to diagnose a medical condition or illness (this may include misdiagnosis)
- Failure to treat a condition or illness in a timely manner
- Failure to give informed consent prior to a medical procedure
- Failure to respond appropriately to fetal distress
Medical malpractice laws also cover surgical and anesthesia errors, medication mistakes, lab mistakes, and various other errors that result in patient harm. There is a restriction that medical malpractice laws have for someone to file a claim, so take that in consideration is you are filing. For this reason, it’s in your best interest to consult an experienced attorney as soon as possible.
The Importance of Finding an Experienced Attorney
The laws governing medical malpractice cases are extremely technical and complex, and cases are costly to litigate. There are lawyers who specialize in medical malpractice; they have the legal knowledge and resources needed to develop your case accurately.
Our attorneys have been managing cases for clients across the U.S. since 1994 and we at our law office have the knowledge and understanding that is necessary to work medical malpractice laws. Medical malpractice is a primary focus at our firm and our attorneys:
- Have decades of combined experience handling medical malpractice cases
- Stay up-to-date on changes in medical malpractice laws
- Work with medical and legal experts across the U.S.
- Possess the financial resources to take a case to trial if necessary
At our law firm, our clients are our priority and we make sure each case gets the attention it needs and deserves for an optimal outcome.
Learn More about Medical Malpractice Laws
To learn more about the medical malpractice laws in your state, contact our law office today. We can gladly determine if you have a legitimate claim by evaluating your case at no cost to you.
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