Medical Malpractice ~ OPOLAW Injury Blog

Wednesday, January 28, 2009

Medical Malpractice

MEDICAL MALPRACTICE OFTEN RESULTS IN PATIENTS BEING DISABLED, RENDERED MAIMED OR DECEASED. THESE PREVENTABLE MEDICAL MISTAKES HAPPEN ACROSS THE COUNTRY WITH ALARMING FREQUENCY: UP TO 98,000 AMERICANS ARE KILLED EVERY YEAR BY MEDICAL MALPRACTICE, MAKING MEDMAL THE THIRD LEADING CAUSE OF DEATH IN AMERICA. We know how difficult it is to lose a loved one due to natural causes or see a family member suffer in pain because of a medical condition. We also understand the emotional and financial impact is much worse if the death or disability of a loved one could have been prevented by proper medical care. It is normal to want to place your trust and confidence in the medical processionals, facilities, and companies in which we depend, especially during a time of need. However, it is important to remember that physicians, as well as nurses, pharmacists, hospitals and other medical professionals, are not infallible. They make mistakes and the law requires that they be held accountable for it. Unfortunately, their mistakes often result in the death or disability of a loved one. The bottom line is that neither you nor your family should pay for their mistakes. Medical malpractice is defined as “professional negligence where the healthcare provider deviates or departs from the accepted standard of care, causing an injury.” The consequences of medical negligence are devastating. The damage done is often irreversible and can include present and future pain and suffering, the loss of life, loss of parental guidance and nurturing, and/or present and future economic losses such as loss of earnings, loss of support, loss of household help, loss or insurance and cost of future medical care, loss of pension, loss of annuity, loss of future social benefits, and in a spousal claim, loss of consortium. Unfortunately, medical malpractice can occur in any medical field or practice. Common examples of medically related errors that might be pursued as malpractice include:
Failure to diagnose, delay of diagnosis or misdiagnosis of an illness
Failure to Diagnose Cancer
Failure to Diagnose Heart Attack (Myocardial Infraction)
Birth Injuries
Cerebral Palsy
Traumatic Brain Injuries
Erb’s/Brachial Plexus Palsy
Surgical Complications
Eye Injuries
Gastric Bypass Surgery
Mishandling of medications - Failure to correctly dispense medications
Prescription errors - Failure of hospital staff or a pharmacist to dispense the right medicine to the right patient in the correct amount
Inappropriate or substandard treatment - Failure to properly treat a medical condition
Failure to provide treatment - Failure to provide any treatment or the right type of treatment
Failure to follow-up on a patient - Failure of a treating physician to check on patient’s condition, or failure of medical staff to inform the treating physician of changes in a patients condition
Failure to Refer - Failure to refer to an appropriate specialist or to refer for required testing
Failures to informed consent - A medical professional must inform the patient of the risks associated with invasive medical procedures (such as surgery)
Anesthesia-related complications - Failure to safely administer anesthesia
Failure to prevent patient injuries (such as falls) on medical facility property
Any loss or injury caused by a departure from accepted professional standards
If you suspect that you or a loved one might be a victim of medical malpractice or simply need more information, please contact us at 800 676-5295.

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