Home Medical Malpractice

Medical Malpractice

How to Handle a Medical Negligence Claim

How to Handle a Medical Negligence Claim

Introduction

Medical negligence claims can arise when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care required for a patient, resulting in injury or harm. If you or a loved one have been a victim of medical negligence, it is important to understand how to handle the claim to ensure that you receive the compensation and justice that you deserve. In this article, we will discuss some key steps to take when handling a medical negligence claim.

Seek Medical Attention

If you or a loved one have been a victim of medical negligence, the first step is to seek medical attention. It is important to address any injuries or harm that may have resulted from the negligence and to document any relevant medical records.

Gather Evidence

Gathering evidence is an important part of handling a medical negligence claim. This may include medical records, photographs of injuries, witness statements, and any other relevant documentation. It is important to keep all of this evidence organized and readily accessible, as it will be needed throughout the legal process.

Consult with an Attorney

Consulting with an experienced attorney is crucial when handling a medical negligence claim. Attorneys who specialize in medical malpractice and negligence can navigate the complex legal system and help you understand your legal options. They can also gather evidence, negotiate with insurance companies, and represent you in court if necessary.

File a Complaint

If you believe that you or a loved one have been a victim of medical negligence, it is important to file a complaint with the appropriate regulatory body. This may include the state medical board or the hospital where the negligence occurred.

Negotiations and Settlements

In many cases, medical negligence claims can be settled outside of court through negotiations with the negligent party or their insurance company. It is important to consult with an attorney before accepting any settlement offers to ensure that you are receiving fair compensation for your injuries or harm.

Conclusion

Medical negligence can have serious consequences for patients and their families. If you believe that you have been a victim of medical negligence, it is important to seek medical attention, gather evidence, consult with an attorney, file a complaint, and navigate the legal process. By taking these steps, you can ensure that you receive the compensation and justice that you deserve.


What is a Medical Negligence Claim?

• A medical negligence claim is a direct legal action taken by a patient who falls victim to the negligent or wrongful actions of a medical provider or medical professional. All medical professionals work under a code of ethics. Considering the importance of their role, all physicians and medical professionals are required to provide suitable support and medical advice to their patients. These actions must be delivered in the patient’s best interest to accurately treat, diagnosis, or rehabilitate the individual. A failure to deliver this expected course of conduct may result in the filing of a medical negligence claim.

• To be considered medical negligence, the patient in question must suffer from an injury or some form of damage that arose from the medical professional’s actions.  These actions are not always direct; a misdiagnosis or a faulty prescription can result in long-term effects. Regardless of the specifics, all medical negligent claims are filed because the patient (who expected to receive suitable care) was injured, harmed, or suffered some form of loss as a result of the doctor’s negligent or wrongful actions.

• Medical negligent claims are filed through the civil court system of the particular jurisdiction in which the negligent or wrongful action took place. A medical negligent claim is filed by the patient to recoup finances from their injury. When an individual falls victim to a negligent or fraudulent medical action they will invariably suffer from sort of pain—emotional or physical pain must be present which results in the loss of wages or emotional distress.

• The laws associated with medical negligence claims–meaning the grounds for what constitute a medical negligent action—are dictated through state interpretation. Medical negligence is not always a direct issue; similar to other personal injury claims the negligent actions must be directly linked to the patient’s suffering.

• In addition to the varying interpretations, all states possess different statues of limitations that regulate when a medical negligence suit can be filed.

How to File a Medical Negligence Case

• To recoup finances lost from an injury or emotional distress caused by a doctor’s actions, you must gather all information regarding your particular case. A list of the doctor’s actions, all appointments with the underlying medical provider, prescriptions, diagnoses, and a proof of wages or time lost due to the injury must be presented at the medical negligence trial.

• After all information has been gathered and you understand your particular state’s interpretive laws regarding medical negligence, you must hire a medical malpractice attorney to facilitate your claim. Utilize all resources (the yellow pages, the Internet, word of mouth) before hiring a medical malpractice attorney.

• When an attorney is hired, develop a strategy that will give your case the best opportunity to reach a favorable settlement. The most important aspect of developing a strong case is the obtainment of information and evidence.

Beware of Medical Negligence

Beware of Medical Negligence

Introduction

Medical negligence is a serious issue that can have a range of negative impacts on patients and their families. When healthcare providers fail to provide the standard of care required for a patient, it can result in injury, harm, and even death. In this article, we will discuss the importance of being aware of medical negligence and understanding how to protect yourself.

What is Medical Negligence?

Medical negligence occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care required for a patient. This can include a failure to diagnose a condition, an incorrect diagnosis, improper treatment, or negligence during a surgical procedure. Medical negligence can result in serious harm or injury to patients, and in some cases, can be fatal.

The Impact of Medical Negligence

Medical negligence can have a range of negative impacts on patients and their families. This can include physical harm, emotional distress, financial burden, and a loss of trust in the healthcare system. Medical negligence can also result in long-term or permanent disabilities, and in some cases, can be fatal.

Preventing Medical Negligence

Preventing medical negligence starts with being an informed patient. This means asking questions, researching healthcare providers and facilities, and advocating for your own health. It is important to understand your rights as a patient, including the right to informed consent, the right to access medical records, and the right to a second opinion.

Recognizing Medical Negligence

Recognizing medical negligence can be difficult, but there are some signs to look out for. This may include unexpected complications or outcomes from medical procedures, a failure to diagnose a condition, a misdiagnosis, or a failure to provide appropriate treatment. If you suspect that you or a loved one have been a victim of medical negligence, it is important to seek medical attention and consult with an experienced attorney.

Conclusion

Medical negligence can have serious consequences for patients and their families. By being aware of medical negligence and taking steps to protect yourself, you can help prevent these negative impacts and ensure that you receive the standard of care that you deserve. As a patient, it is important to be informed, ask questions, and advocate for your own health. If you suspect that you or a loved one have been a victim of medical negligence, do not hesitate to seek medical attention and consult with an experienced attorney.


What is Medical Negligence?

• Medical negligence is an alternative phrase or term for medical malpractice. Both, medical malpractice and medical negligence refer to medical care that is tarnished through the delivery of a negligent action or the failure to deliver respectable medical care to a patient in need. When instances of medical negligence occur, the victim (injured party) is often able to seek a financial settlement through the initiation of a legal action. These cases are commonly aligned with negligent tort claims or personal injury laws.

• Throughout the United States, all individuals are legally entitled to receive a certain standard of health care. Medical negligence arises, when a medical professional (such as a physician or doctor) fails to adhere to these general standards. These actions typically occur as a result of irresponsible or erroneous action as a result of negligence or fraudulent behavior.

What Actions are Considered Medical Negligence?

• A faulty diagnosis or a procedure that directly leads to the injury of a patient is the most generic forms of medical negligence. These occurrences are typically caused or precipitated by inadequate skill, care, or speed; the standards of care that all medical professionals must adhere to are based on a simple premise: the physician must do all in his or her power to provide suitable treatment to the patient to effectively treat or rehabilitate the individual.

• Any individual who is involved with the care of a patient is susceptible to medical malpractice or medical negligent charges. This includes nurses, physicians, therapists, psychologists, and any individual who provides psychological care or care for a patient.

Actions taken when an Issue of Medical Negligence Arises?

• When issues of medical negligence arise, the actions of the accused physician or medical professional are often evaluated against the levels of competency and overall professionalism of their peers in similar circumstances. For example, a brain surgeon will be held to a universal standard of other brain surgeons; the universal procedures are used for evaluation purposes to deem whether an action was considered negligent.

• Medical negligence is not a tool used by individuals who are unhappy with their medical treatment. Medical negligence suits are available only to those individuals who are injured or experienced physical damage as a result of their physician or medical provider’s actions. That being said, the actions do not have to be direct; a misdiagnosis or a faulty description which later damages the patient can be grounds for medical negligence.

What to do if you are a victim of Medical Negligence?

• Those individuals who have experienced physical damage (injuries, emotional pain, and wrongful death) as a result of a physician’s negligent or wrongful actions should immediately seek the aid of a medical malpractice attorney. Before hiring a medical malpractice attorney, be sure to gather all documents (doctor bills, proof of lost wages, appointment slips, prescriptions, etc.) that support your claim. Once the documents have been gathered you can file a medical negligence suit at your district’s court house. The trial is similar to a personal injury case or negligent tort claim.

Read This for Ultimate Misdiagnosis Information

Read This for Ultimate Misdiagnosis Information

Introduction

Misdiagnosis is a serious issue that can have negative impacts on patients and their families. When a healthcare provider fails to accurately diagnose a medical condition, it can result in a delay in treatment, inappropriate treatment, or no treatment at all. In this article, we will discuss some crucial information that patients should know to avoid misdiagnosis.

Understanding Misdiagnosis

Misdiagnosis occurs when a healthcare provider fails to accurately diagnose a medical condition. This can include a failure to recognize or interpret symptoms, a misinterpretation of test results, or a failure to consider all possible diagnoses. Misdiagnosis can have serious consequences for patients and can result in unnecessary treatments or procedures, a delay in treatment, or even death.

Commonly Misdiagnosed Conditions

There are some medical conditions that are commonly misdiagnosed by healthcare providers. These can include cancer, heart disease, stroke, and infections. It is important to understand the symptoms of these conditions and to advocate for your own health if you suspect that you may be experiencing symptoms.

Causes of Misdiagnosis

There are many different factors that can contribute to misdiagnosis. These can include incomplete or insufficient medical history, errors in interpretation of diagnostic tests, limited time for patient evaluation, lack of communication between healthcare providers, and a failure to consider all possible diagnoses.

Preventing Misdiagnosis

Preventing misdiagnosis starts with being an informed patient. This means being aware of your own medical history and symptoms, asking questions, and communicating clearly with your healthcare provider. It is important to be persistent when seeking a diagnosis and to seek a second opinion if necessary.

Legal Options for Misdiagnosis

If you believe that you or a loved one have been a victim of misdiagnosis, it is important to consult with an experienced attorney. An attorney can help you understand your legal options and navigate the complex legal system. They can also gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Conclusion

Misdiagnosis is a serious issue that can have negative impacts on patients and their families. By understanding the causes of misdiagnosis, being an informed patient, and seeking legal representation if necessary, you can protect yourself and ensure that you receive the appropriate treatment and care that you deserve. If you believe that you or a loved one have been a victim of misdiagnosis, do not hesitate to seek medical attention and consult with an experienced attorney.


What is a Misdiagnosis?

• A misdiagnosis is an inaccurate diagnosis of a medical ailment. Medical professionals can misdiagnose an individual depending on a number of factors; however, in most instances a misdiagnosis is delivered through a negligent action taken by the medical provider or physician. An erroneous diagnosis can take on a number of forms—sometimes a medical problem is identified when the patient has no such ailments, or a diagnosis can be classified incorrectly. Examples of the latter include a doctor who diagnoses a tumor as benign when it is in fact malignant.

• A misdiagnosis is a medical error, and although it may be difficult to gauge given varying symptoms or the presence of inaccurate statistics, all forms of misdiagnoses will portray some form of externalities or adverse side effect.
Contact a medical-malpractice-lawyer to acquire legal advice and assistance.

Reasons for a Misdiagnosis?

• There are a number of reasons that will cause a misdiagnosis. People often times blame negligent actions or laziness for an inaccurate diagnosis; however, a misdiagnosis can arise for a number of medical reasons. That being said, the presence of a misdiagnosis may award an individual the right to file a medical malpractice suit.

• Reasons that would not necessitate or warrant a medical malpractice suit for a misdiagnosis include: faulty or malfunctioning medical equipment, a patient’s discretion to conceal critical information, a language barrier between the medical professional and the patient, or a situation in which the symptoms of the ailment did not match the universal diagnosis.

• Reasons that would necessitate or warrant a medical malpractice suit for a misdiagnosis: a negligent action taken by a doctor, a failure to adhere to the code of conduct necessary for all doctors to abide by, or a blatant wrongdoing that stems from laziness or the doctor’s inability to deliver a routine medical action.

Consequences of a Misdiagnosis

• The consequences of a misdiagnosis are variable; for example if a patient’s biopsied tumor is misdiagnosed as malignant when it is in fact benign, he or she will undergo unnecessary medical operations. This obviously would adversely affect the individual’s health and would invariably result in a medical malpractice suit.

• In order for the misdiagnosis to be considered malpractice, the individual must suffer a direct loss through a physical damage. Undergoing unnecessary surgery or chemotherapy will inevitably result in a negative effect in the form of unwarranted scars, sickness, and the loss of wages. These instances are grounds for medical malpractice suits; the individual will file a medical malpractice suit to obtain a recoupment for the losses suffered.

• In these instances, the individual must hire a medical malpractice attorney to facilitate their medical malpractice case. The individual must demonstrate to the local court system that the misdiagnosis directly lead to a loss in the form of finances, physical pain, or emotional distress.

NY Courts Streamline Medical Malpractice Suits

NY Courts Streamline Medical Malpractice Suits

Introduction

Medical malpractice is a serious issue that affects patients across the country, including in New York. It is a complex legal issue that can be difficult to navigate. However, recent changes made by New York courts have streamlined the process for medical malpractice claims and made it easier for patients to seek justice and compensation when they have been harmed by a healthcare provider’s negligence.

What are the Changes?

In 2020, New York courts implemented changes to streamline the process for medical malpractice claims. One of the most significant changes was the creation of designated judges and rules for medical malpractice cases. This means that medical malpractice cases are now heard in front of judges who have specialized training and experience in this area of law.

Another change was the modification of the discovery process. Discovery is the process of gathering evidence in a legal case. The changes made to the discovery process aim to limit the scope of discovery and reduce the burden on plaintiffs. This can help to speed up the litigation process and make it more efficient.

Why are these Changes Important?

These changes are important because they make it easier for patients to pursue medical malpractice claims. By creating designated judges and rules, patients can be assured that their claim will be heard by a judge with specialized knowledge and experience in medical malpractice cases. This can help to ensure that the case is handled efficiently and fairly.

The modifications to the discovery process can also help to speed up the litigation process, which can be a benefit to both plaintiffs and defendants. This can help to reduce the overall costs of litigation and make it easier for plaintiffs to pursue their claim without undue burden.

What does this Mean for Patients?

For patients who have been harmed by medical malpractice, these changes mean that the process of seeking justice and compensation may be easier and more efficient. Patients can now be assured that their case will be heard by a judge with specialized knowledge and experience in medical malpractice cases, which can help to ensure a fair outcome.

Additionally, the modifications to the discovery process can help to reduce the burden on plaintiffs, making it easier for them to pursue their claim. Overall, these changes can help to make the process of seeking justice and compensation for medical malpractice claims more accessible and efficient.

Conclusion

Medical malpractice is a serious issue that affects patients across the country, including in New York. The changes made by New York courts in 2020 have streamlined the process for medical malpractice claims, making it easier for patients to seek justice and compensation when they have been harmed by a healthcare provider’s negligence. Patients can now be assured that their case will be heard by a judge with specialized knowledge and experience in medical malpractice cases, and the modifications to the discovery process can help to reduce the burden on plaintiffs. These changes represent an important step forward in ensuring that patients receive the justice and compensation that they deserve in cases of medical malpractice.


New York courts specializing in the state’s 4,000 medical malpractice cases filed annually have begun expanding following the success of a Bronx judge in expediting the settlement process.

The approach, which has shown to save money by reducing court backlogs, has been extended to the other boroughs, through the implementation of training and educational programs.

Starting December 1st, New York Chief Administrative Judge, Ann Pfau, will become the coordinating judge of the court system’s medical malpractice segment. The program is using a $3 million federal grant to train more judges in expediting the process.

Bronx Justice Douglas McKeon, who has focused on malpractice cases for over 15 years, said he helped settle over 1,000 malpractice suits in his career. The efficacy in settling such cases is attributed to the city’s Health and Hospitals Corporation—an entity which runs 11 public hospitals and uses its own claims and law department to settle cases in a streamlined fashion.

Courpration deputy counsel Suzzane Blundi stated that the entity revamped their commitment to patient safety, developing programs to manage claims, improve care and decrease payouts. The effort also investigates malpractice claims early on to help expedite settlements.

Severe Birth Complications On the Rise in United States

Severe Birth Complications On the Rise in United States

Introduction

Birth complications are common around the world, but they are on the rise in the United States. Death or injury during childbirth can have serious consequences for both mothers and children. In this article, we will discuss severe birth complications on the rise in the United States, what could be causing the increase, and what can be done to address the issue.

What are Severe Birth Complications?

Severe birth complications refer to life-threatening events that occur during pregnancy, childbirth or in the postpartum period. These complications can include hemorrhage, sepsis, preeclampsia, and eclampsia. According to the Centers for Disease Control and Prevention (CDC), these complications can lead to death or long-term disability.

Rise in Severe Birth Complications

In the United States, there has been a significant increase in severe birth complications in recent years. According to a report from NPR, the rate of severe maternal morbidity has more than doubled since 1993. Additionally, the maternal mortality rate in the United States is higher than in most other developed countries.

Research suggests that there are several factors contributing to this increase in severe birth complications. These factors include a rise in chronic health conditions among pregnant women, an increase in the number of older mothers, and a lack of access to quality prenatal and postpartum care.

Impact on Mothers and Children

Severe birth complications can have a devastating impact on both mothers and children. Mothers may experience long-term health problems, including chronic pain, infection, infertility, and post-traumatic stress disorder. Additionally, children may be born premature, have low birth weights, or experience developmental delays.

What Can Be Done?

To address the issue of severe birth complications, there are several steps that can be taken. First, there needs to be a greater focus on providing high-quality prenatal and postpartum care. This can include increasing access to healthcare for pregnant women and improving the quality of care provided by healthcare providers.

Secondly, more research needs to be done to identify risk factors for severe birth complications and how to prevent them. This can include studying the impact of chronic health problems on pregnant women and understanding how to identify and treat pregnancy complications early.

Conclusion

Severe birth complications are on the rise in the United States, and it is important to understand the causes and consequences of this trend. By improving access to quality prenatal and postpartum care and investing in research, we can work to ensure that mothers and children have the best possible outcomes during childbirth.


Severe complications like kidney failure and heart attacks during and immediately after labor and delivery are rising nationwide, says a CDC report.  The report, published in the November issue of Obstetrics & Gynecology, has serious implications for pregnant women, attorneys in the malpractice field, obstetricians, midwives, and other birth professionals.

Because the study the report was based on was conducted by the Centers for Disease Control, it could examine a very large, nationwide sample of births.  The Nationwide Inpatient Sample, used by the study, includes information on over five million patients annually at approximately 1,000 hospitals.  According to these samples, having a baby is the single most common thing that Americans do in hospitals—labor and delivery accounted for more hospital intakes than any other single cause.

Out of about 50 million births recorded during the period from 1998 to 2009, about 600,000 involved severe complications in delivery or in the immediate period after delivery.  Women were recorded as having severe complications if they had to receive a blood transfusion or had a serious infection or other illness.

Some of these events had seen a significant increase over the eleven year timespan.  For example, the rates of blood transfusion went up over 180 percent.  Embolisms were also more common, as were tracheotomies and heart attacks.

However, not all of the news was negative.  Maternal death rates are on the decline even as overall complication rates have gone up.  The rate of in-hospital maternal death is just over one in 10,000—a 37 percent reduction overall from what the maternal death rate was at the beginning of the study.

Several theories have been proposed to explain the increasing rates of complications.  One of the reasons for the increase may be that minority women are still unable to get equal access to healthcare.  They experience both fetal and maternal death more frequently than white women across the board.

Uninsured mothers are another component of the increase in complications, because the greatest risks for complications occur in women who have not received routine prenatal care.  Higher rates of obesity in the American population have also led to an increase in complications like high blood pressure and diabetes, which can make giving birth significantly more risky even with modern medical technologies.

Older women are also significantly more likely to experience birth related complications, especially women over the age of 40 who are giving birth for the first time.  In recent years, more women in this age group have been able to successfully conceive and give birth thanks to assisted reproductive technologies.  While these technologies have benefited many people, they also put more high-risk patients into obstetrics wards every year.

According to the CDC,  the best ways for women to avoid pregnancy related complications and maternal mortality involve taking good care of their bodies before getting pregnant.  Losing weight, stopping smoking, and getting untreated diabetes or hypertension under control before becoming pregnant is critical to a healthy mother and baby.

Source: cdc.gov

Need To Know Facts of Medical Malpractice

Need To Know Facts of Medical Malpractice

Introduction

Medical malpractice is a serious issue that can have negative impacts on patients and their families. When healthcare providers fail to provide the standard of care required for a patient, it can result in injury, harm, and even death. In this article, we will discuss some need-to-know facts about medical malpractice and what patients should do if they become victims of it.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care required for a patient and that failure causes injury or harm. Medical malpractice can include errors in diagnosis, treatment, medication, surgery, and aftercare. It is a serious issue that can have lasting consequences for patients and their families.

Types of Medical Malpractice

There are many different types of medical malpractice. This can include misdiagnosis, delayed diagnosis, surgical errors, medication errors, failure to monitor patients, failure to obtain informed consent, and more. It is important to be aware of the different types of medical malpractice and to seek legal representation if you have been a victim of it.

Proving Medical Malpractice

Proving medical malpractice can be a complex process. It requires showing that a healthcare provider failed to provide the standard of care required for a patient and that that failure caused injury or harm. This can involve gathering evidence, consulting with medical experts, and presenting a case in court. It is important to work with an experienced attorney who can guide you through this process.

Statute of Limitations

There are statutory limits on how long a person has to file a medical malpractice claim. These limits vary by state, but generally range from one to three years from the date of the injury or discovery of the malpractice. It is important to be aware of the statute of limitations in your state and to seek legal representation as soon as possible if you believe you have been a victim of medical malpractice.

Conclusion

Medical malpractice is a serious issue that can have lasting impacts on patients and their families. By understanding the different types of medical malpractice, what is required to prove it, and the statute of limitations, patients can protect themselves and seek appropriate legal action if necessary. If you believe that you or a loved one have been a victim of medical malpractice, do not hesitate to seek medical attention and consult with an experienced attorney. They can help guide you through the process and ensure that you receive the justice and compensation that you deserve.


What is Medical Malpractice?

•    Medical malpractice refers to a professional act of negligence or glaring omission, delivered by a medical professional or health care provider.

•    Medical malpractice is an illegal action; the negligent care provided by a medical institution or medical professional precipitates an injury or death to the patient.

•    All medical professionals as well as health care providers must adhere to the established regulations and standards instituted by the state government (as well as the federal government) in which they operate out of. Although these regulations vary by location, general human’s rights issues are enshrouded in the code. Any care that blatantly disrupts a patient’s health or any procedures that are improperly administered, or conducted with negligence that precipitate an injury or death may be tried in a court system under the statutes which govern medical malpractice.

•    Typically medical malpractice cases are initiated by patients who feel they have been misdiagnosed, mistreated, or handled with negligence. These patients, as a result of the faulty medical care, become inflicted with increased bodily damage or even death. Following this unfortunate circumstance, the patient or the patient’s family, will then initiate a medical malpractice suit in the hopes of retaining a financial settlement to recoup the monetary and emotional damages that were caused from the mistreatment. In addition to compensatory rulings, more severe medical malpractice cases—typically those that result in the premature death of the patient–will evaluate the doctor’s or medical professional’s motives in relation to an involuntary manslaughter charge.

•     As a result of the financial issues which surround a medical malpractice charge, all medical professionals are required to assume and maintain professional liability insurance. These policies are designed to offset the risk and the legal costs that stem from medical malpractice charges.

•    Depending on the circumstances, a doctor or medical professional would be liable, and thus susceptible to a medical malpractice charge, for such maneuvers as prescribing experimental drugs, performing cosmetic surgeries, or initiating alternative-based surgeries or medical treatments to a patient.

Elements of a Medical Malpractice Case

•    In a medical malpractice suit, the plaintiff is the patient, or a legally designated party who acts on behalf of the patient—these parties are assigned in wrongful death suits. In contrast, the defendant is the health care provider or medical professional who precipitated the injury or death.

•    In order to receive a favorable ruling, a plaintiff must establish and definitively prove the following four elements of tort negligence:

1.    A duty must be owed; a legal duty is realized whenever a health care provider or medical professional undertakes care or delivers treatment for a patient.

2.    The duty then must be breached; the provider must fail to meet and conform to the relevant standards of care. The standard of care is examined based on expert testimony or through the observance of obvious errors. The standard care refers to the normal treatment methods for similar medical issues.

3.    The breach, meaning the negligent action or omission, must precipitate bodily injury; the breach must be a proximate cause of the physical injury.

4.    The patient must suffer from physical damages; without the presence of damages (the losses may be emotional or pecuniary) there is no true basis for a claim. This notion exists, regardless of whether the provider was negligent.

Starting a Medical Malpractice Case

Starting a Medical Malpractice Case

Introduction

Medical malpractice occurs when a healthcare provider fails to provide the standard of care required for a patient, resulting in injury or harm. If you believe that you or a loved one has been the victim of medical malpractice, you may be entitled to compensation. In this article, we will discuss the steps involved in starting a medical malpractice case.

Gather Evidence

The first step in starting a medical malpractice case is to gather evidence. This can include medical records, test results, and any other documentation related to the care you received. It is important to keep track of all medical bills and expenses related to your injuries.

Consult with an Attorney

Once you have gathered evidence, the next step is to consult with an attorney who specializes in medical malpractice cases. An experienced attorney can evaluate your case and help determine whether you have a valid claim. They can also advise you on the best course of action to take, and how to proceed with your case.

File a Complaint

If your attorney believes that you have a valid claim, the next step is to file a complaint. A complaint is a legal document that outlines the details of your case and explains why you believe you have been the victim of medical malpractice. Your attorney will file the complaint on your behalf and serve it to the healthcare provider that you are filing the claim against.

Discovery

Once the complaint has been filed, the next step is discovery. This is the process of gathering facts and evidence to support your case. During discovery, both sides will exchange information and evidence related to the case. This can include depositions, document requests, and interrogatories.

Negotiation or Trial

After discovery, there are two possible outcomes. First, the case may be settled through negotiation between your attorney and the defendant’s attorney. If a settlement is reached, you will receive compensation for your injuries. The other possible outcome is that the case goes to trial. During a trial, a judge or jury will hear both sides of the case and determine whether medical malpractice has occurred. If the judge or jury decides in your favor, you will receive compensation.

Conclusion

Starting a medical malpractice case can be a complex and daunting process. However, by gathering evidence, consulting with an attorney, filing a complaint, going through the discovery process, and possibly negotiating or going to trial, you may be able to receive compensation for the harm caused by medical malpractice. If you believe that you have been the victim of medical malpractice, it is important to consult with an experienced attorney to discuss your legal options.


What is a Medical Malpractice Case?

• Medical malpractice occurs when a doctor or another medical professional (such as a nurse or technician) partakes in a negligent action or delivers a fraudulent action that causes an injury to a patient. If you need legal advice and assistance, contact medical malpractice lawyers.

• A victim of medical malpractice–an individual who experiences an injury at the hands of a wrongful or negligent action by their medical professional—will initiate a medical malpractice case to seek a recoupment for their losses. When an individual is injured through the actions of their health care provider, they will invariably incur damages through the presence of lost wages, emotional damages, or additional medical costs. As a result of these costs, the individual will file a medical malpractice case in the hopes of obtaining a financial settlement.

• All medical malpractice cases are heard by a district court; the actual trial is similar to a negligent tort case. The verdict is handed down by a judge of a public court system.

• To initiate a medical practice case you must meet the requirements of a negligent tort claim. Medical malpractice claims, in essence, are attempts taken by a plaintiff to definitively prove an act of negligence that directly caused an injury or death. The following elements must be proven to deliver a favorable settlement for a plaintiff in a medical malpractice lawsuit:

• The health care provider must initiate a legal duty, meaning the medical staff or hospital must accept a patient for care—they must perform a medical operation, give a diagnosis, or treat a patient.

• The physical duty undertaken by the medical provider must be breached or delivered in such a way that directly violates the relevant standard of care.

• The breach of the physical duty must cause an injury to the patient. The action must be considered negligent or wrongful and must directly lead to an injury suffered by the patient.

• The patient must suffer from tangible injuries or damages as a result of the doctor or medical provider’s actions.

How to File a Medical Malpractice Lawsuit?

• A medical malpractice is typically defined as negligence—it is a failure to act as a prudent medical professional would under similar circumstances. To file a medical malpractice suit you must first investigate the standards of care regulated by the American Medical Association and the National Institute of Health.

• Gather as much information about your particular case as you can. Start at the beginning; record appointment dates, doctors’ names, referrals to other doctors, and any bills or costs related to medical malpractice, including all lost wages and opportunity costs incurred.

• Following your investigation, and the obtainment of all necessary documents, hire a medical malpractice attorney to facilitate your claim. Be sure to choose an experienced medical malpractice attorney who is well-versed in the various laws and interpretations of medical laws in your particular jurisdiction. Conduct interviews to gather all information concerning your prospective malpractice lawyer. After you hire a medical malpractice attorney, be sure to deliver all information and copies of essential documents upon meeting him or her.

Quick Guide to Medical Malpractice

Quick Guide to Medical Malpractice

Introduction

Medical malpractice refers to situations in which healthcare providers deviate from the accepted standards of care, resulting in harm to the patient. These errors can occur in a variety of settings, from hospitals and clinics to nursing homes and home health care. In this article, we will provide a quick guide to medical malpractice, including its definition, common types, and how to protect your rights.

Definition of Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care, resulting in harm to the patient. This can involve errors in diagnosis, treatment, or management of a patient’s care.

Common Types of Medical Malpractice

Medical malpractice can take many forms, including:

– Failure to diagnose a condition or disease
– Misdiagnosis or delayed diagnosis
– Surgical errors, including wrong-site surgery or leaving a foreign object in the patient’s body
– Medication errors, including prescribing the wrong medication or incorrect dosage
– Anesthesia errors
– Birth injuries
– Failure to obtain informed consent
– Nursing home neglect or abuse

How to Protect Your Rights in Cases of Medical Malpractice

If you believe you have been the victim of medical malpractice, it is important to take action to protect your rights. Some things you can do include:

– Seek medical attention for any injuries or complications resulting from the medical error.
– Keep detailed records of your medical care, including all treatments, medications, and conversations with healthcare providers.
– Contact a medical malpractice attorney who can help determine if you have a case and guide you through the legal process.
– Obtain a second opinion from a medical professional to confirm or refute the original diagnosis or treatment plan.
– File a complaint with the state medical board and the healthcare facility where the error occurred.

Conclusion

Medical malpractice can have serious consequences for patients and their families. By understanding its definition, common types, and how to protect your rights, you can take steps to ensure that healthcare providers are held accountable for their actions. If you believe you have been the victim of medical malpractice, it is important to seek legal guidance and take steps to protect your health and well-being.


Medical malpractice cases include accusations against some medical professional, that their actions or inaction resulted in an injury to a patient or in the death of the patient, when it could have been prevented. For example, medical malpractice cases involve surgeries which may have been performed on the wrong body part or surgeries in which medical instruments were left inside the patient. There are also medical malpractice cases which involve a misdiagnosis, when the correct one should have been easily determined.

 

Individuals involved in a malpractice case, should immediately contact a malpractice attorney. Malpractice attorneys specialize in these types of cases and often work with victims and the accused, in order to attempt to reach a settlement before going to trial. Medical professionals carry malpractice insurance, which is often used to cover such cases.

Doctors Call for Pre-Emptive Plan B Prescriptions

Doctors Call for Pre-Emptive Plan B Prescriptions

Introduction

Plan B is a form of emergency contraception that can prevent pregnancy if taken within 72 hours of unprotected sex. While the drug is available over the counter without a prescription, there is growing concern among doctors that women who could benefit from Plan B may not have access to it. In September 2012, a group of doctors called for Pre-Emptive Plan B Prescriptions to be made available to all women of reproductive age. In this article, we will explore why doctors are calling for Pre-Emptive Plan B Prescriptions and what this could mean for women’s health.

Access to Plan B

Although Plan B is available over the counter without a prescription, studies have shown that many women face barriers to accessing the drug. These barriers can be financial, logistical, or related to stigma and misinformation. As a result, women who could benefit from Plan B may not have access to it when they need it.

Pre-Emptive Plan B Prescriptions

Pre-Emptive Plan B Prescriptions involve healthcare providers writing a prescription for Plan B that a woman can fill before she needs it. This would ensure that women have access to the drug when they need it and remove the barriers associated with obtaining the drug in a state of emergency.

The call for Pre-Emptive Plan B Prescriptions has been led by a group of doctors who are concerned about the low uptake of emergency contraception and the resulting unintended pregnancies. By providing women with a prescription for Plan B before they need it, doctors hope to increase access to the drug and reduce the number of unintended pregnancies.

Implications for Women’s Health

The availability of Pre-Emptive Plan B Prescriptions has important implications for women’s health. By removing the barriers to access and increasing the availability of emergency contraception, women can make informed decisions about their reproductive health and prevent unintended pregnancies.

Emergency contraception is an important tool for women who have had unprotected sex or experienced contraceptive failure. Without timely access to emergency contraception, women may face unplanned pregnancies, which can have significant health, economic, and social consequences.

Conclusion

The call for Pre-Emptive Plan B Prescriptions has important implications for women’s health. By increasing access to emergency contraception and removing barriers to access, women can make informed decisions about their reproductive health and prevent unintended pregnancies. As healthcare providers, it is important to ensure that women have the tools and resources they need to make informed decisions about their reproductive health and prevent unintended pregnancies. The availability of Pre-Emptive Plan B Prescriptions is an important step in this direction.


Pediatricians should consider giving teenage girls a prescription for emergency contraception before they need it, according to a recent report released by the American Academy of Pediatrics.  The recommendation represents a significant shift in how the medication has been treated by pediatricians in the United States.

Although the popular emergency contraceptive, consisting of a combination of synthetic estrogens and progesterones, was made over the counter for women 17 years of age and older,  women under 17 still require a prescription to obtain the pills.

This presents a problem for girls under 16, who often have difficulty scheduling a doctor’s appointment and obtaining a prescription within the 72 hour effective window for emergency contraceptives.  Making matters even worse for teenagers trying to get EC, the pill is at its most effective when it’s taken as early as possible.

In repeated studies, physicians have found that emergency contraceptive drugs are safe for occasional use in adolescents.  Most of the objection to allowing girls under the age of 17 obtain the pills on their own came from people who had issues with the ways in which over the counter Plan B would diminish parental control over a child’s medical treatment.

According to the American Academy of Pediatrics, giving girls pre-emptive prescriptions would solve several of the current issues with prescribing Plan B to teenagers.  For one, the pre-emptive prescription could be filled nearly immediately after an incident of unprotected sex or of a birth control method being compromised.  This makes the Plan B medications very likely to be effective.

Another reason is that the doctor can evaluate any girls who are given a pre emptive Plan B prescription to ensure that they do not have any medical conditions that might make Plan B less safe for them to take.  Doctors can also go over side effect information with patients and help them understand that Plan B is not for use as a primary birth control method.

Anti abortion groups are likely to decry the statement by the American Academy of Pediatrics.  These groups also fought the approval of Plan B, as well as the recent change that made it over the counter for girls and women over 17 years of age.  According to these anti-abortion groups, because Plan B may be responsible for causing fertilized eggs not to implant in the uterus, they are tantamount to abortion.

However, according to the CDC and other government sources, these pills work primarily by blocking ovulation and are considered very safe.  There have been no major lawsuits as a result of Plan B being made available to consumers, either behind the pharmacy counter or over the counter.

It remains to be seen how many pediatricians will actually act in accordance with the new recommendations from the AAP.  Parental objections may make it difficult for some pediatricians, especially those in conservative or rural areas, to give pre-emptive Plan B prescriptions to younger female patients.

Sources: cdc.gov, aap.org

Fetal Abduction

Fetal Abduction

Introduction

Fetal abduction, also known as infant abduction, is the act of taking a child from its mother’s womb, often through violent means. This heinous act is rare but can have devastating effects on the victims and their families. In this article, we will discuss fetal abduction, its incidence, and potential signs, and what to do if you suspect it.

Incidence of Fetal Abduction

Fetal abduction is a rare but serious crime that has occurred in the United States and other countries. According to a study by the National Center for Missing and Exploited Children, there were 11 cases of fetal abductions between 1983 and 2015. However, experts suspect that the number of cases is likely higher, as many may go unreported or misclassified.

Signs of Fetal Abduction

Fetal abduction can be difficult to detect, as it often involves a stranger who has access to the mother and the ability to convince her to trust them. However, there are some potential signs that family, friends, and healthcare providers should be aware of:

– The perpetrator may falsely claim to be pregnant.
– The perpetrator may show an unusual interest in the victim’s pregnancy and ask invasive questions.
– The perpetrator may have a history of mental illness or a pattern of deceitfulness.
– The victim may be missing or found deceased, with the child missing from the womb.
– The perpetrator may have a new infant or falsely claim to have recently given birth.

What to Do If You Suspect Fetal Abduction

If you suspect that fetal abduction has occurred, it is important to act quickly to contact law enforcement and alert healthcare providers. Time is of the essence in these cases, as the safety of the mother and baby is at risk. In addition, it is important to provide law enforcement with any relevant information or evidence that may assist in their investigation.

Treatment and Recovery

The emotional and physical trauma of fetal abduction can be significant and long-lasting for both the mother and baby. Mothers may require medical or psychological treatment to manage their physical and emotional symptoms, while babies may require medical attention to address any injuries sustained during the abduction. Additionally, families may require support services such as counseling or victim advocacy to help them navigate the difficult recovery process.

Conclusion

Fetal abduction is a serious crime that can have devastating effects on victims and their families. While it is rare, it is important to be aware of potential signs and take action if you suspect it has occurred. If you or someone you know has been a victim of fetal abduction, it is important to seek out medical and legal support as soon as possible. With the right resources and treatment, recovery is possible.


What is Fetal Abduction?

Fetal abduction occurs when a pregnant mother is forced to undergo a cesarean.  The abductor will then kidnap the fetus, and the mother is usually murdered or killed during the cesarean.  The type of abduction is somewhat of a phenomenon, for recorded cases have only occurred since the 1980s.

Psychology of the Abductor

A fetal abduction is much rarer than an infant abduction, but the abductor usually has the same frame of mind and thoughts before the abduction.  The abductor is usually a woman, and she will usually have fantasies of becoming pregnant or being a mother.  In some cases, the abductor will fake a pregnancy and abduct the fetus when it would appear the abductor is ready to have a child.

The Most Recent Case of Fetal Abduction

Warning: the details of the following crimes are graphic and may offend some readers.  On September 20, 2012, Annette Morales-Rodriguez was convicted of first-degree homicide after she killed a woman and her unborn child.  The woman was Maritza Ramirez-Cruz, and she died as a result of asphyxiation, head trauma, and blood loss along with the involuntary caesarean performed Morales.

A witness stated that Morales lured the victim to her house and attacked her with a baseball bat.  Ramirez was then bound with duct tape, and the tape covered her nose and mouth as well.  Morales proceeded to place a plastic bag over Ramirez and then cut the unborn fetus from the womb.  Morales will spend the rest of her life in prison.

Other Cases of Fetal Abduction

Recorded fetal abductions have occurred in the United States since 1987.  Some of the cases are described below:

1987, Albuquerque, New Mexico

The first recorded fetal abduction occurred in Albuquerque when Darci Pierce murdered Cindy Ray and stole her unborn child.  Cindy Ray was attacked after she left the Kirkland Air Force Base in New Mexico, and Peirce strangled her.  She then used a car key to remove the unborn child, who survived and is still living.

1996, Tuscaloosa, Alabama

Felicia Scott and Carenthia Curry were friends before the crime occurred.  Scott cut open Curry to steal her child, shot Curry in the head, and placed her body in a plastic bag.  The family eventually reported Curry as missing, and authorities found Curry’s body three months later.  The baby survived the abduction.

2006, St. Louis, Illinois

Tiffany Hall killed Jimella Tunstall and cut the unborn fetus out of her womb.  She then proceeded to drown three of the pregnant woman’s children and left the drowned children in a washing machine and dryer.  It was another case where the defendant knew the victim.  Sadly, the baby did not survive the attack.

2008, Kennewick, Washington

In this case, Phiengchai Sisouvanh Synhavong killed Araceli Camacho Gomez by stabbing her in the chest numerous times.  Gomez’s feet and hands were found with yarn, and Synhavong cut the fetus out of the womb.  Bloody gloves, a box cutter, and other bloody items were found in Synhavong’s purse, and the child miraculously survived.