March 13, 2013

Medical Malpractice

Posted in LEGAL ISSUES tagged , , at 5:31 pm by PCOSLady

FYI: Malpractice, abuse, oopsies, mistakes, should haves, etc… galore are happening every where today! The numbers are increasing daily!
Many of you have experienced it with your doctor, his staff or in the medical world…
What you experience may not be deemed malpractice but is serious or the start of a potentially serious matter… I will list the steps on handling these scenarios later…
Keep notes, keep a journal on “YOU”… Carry your medical records and notes with you when seeing your doctor or leave it in your auto…. You never know if you need info out of it!
ALL the information is crucial surrounding your malpractice case… !!!
What is Medical Malpractice?
ABPLA Board Certified Medical Malpractice Attorneys
The Top Medical Malpractice Attorneys in America
Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
To be considered medical malpractice under the law, the claim must have the following characteristics:
~ A violation of the standard of care – The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
~ An injury was caused by the negligence – For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
~ The injury resulted in significant damages – Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
Examples of Medical Malpractice
Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:
~ Failure to diagnose or misdiagnosis
~ Misreading or ignoring laboratory results
~ Unnecessary surgery
~ Surgical errors or wrong site surgery
~ Improper medication or dosage
~ Poor follow-up or aftercare
~ Premature discharge
~ Disregarding or not taking appropriate patient history
~ Failure to order proper testing
~ Failure to recognize symptoms
Choose a Board Certified Medical Malpractice Attorney
~ If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury, you should consult a Board Certified medical malpractice attorney.
~ ABPLA Board Certified medical malpractice attorneys are among the best medical malpractice attorneys in the country. Each Board Certified attorney must meet and exceed rigorous standards through Experience, Ethics, Education, Examination and Excellence in professional liability law.
~ Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.
~ Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. It includes physically striking or sexually assaulting a patient. It also includes withholding of necessary food, physical care, and medical attention. It applies to various contexts such as hospitals, nursing homes, clinics and home visits.
~ Medical harm refers to any systemic failure in the health care system that results in a negative psychological or physical consequence. Medical harm is not limited to iatrogenic illness.
~ See partial list below…
In a clinical setting or hospital
~ misdiagnosis – a provider incorrectly identifies a patients condition or disease (ex. a patient is diagnosed with heart burn, a gastro-intestinal condition when he actually has a heart condition)
~ under-diagnosis – a provider does not fully identify the cause (ex. a patient with Lyme disease, which is caused by a tick and starts out with vague symptoms like fatigue and joint pain is told he has fibromyalgia)
~ overdiagnosis – something benign is identified as happening often with cancer where non-specific cancer marker is identified with the potential that the cancer carries no risk to the patient’s health.
~ unnecessary surgery – a provider performs a surgery without utilizing or ruling out less invasive options (ex. a hysterectomy for uterine bleeding before considering a uterine fibroid artery embolization)
~ under treatment – lack of appropriate follow-up or treatment, often related to lack of health insurance, or inability of provider to diagnose
~ over treatment – a provider provides more interventions than are required (ex. provider prescribes a multiple medications to ensure his patient with epilepsy is seizure free without considering the side effects)
~ Never Events… Never events are inexcusable actions in a health care setting, the “kind of mistake that should never happen”. The initial list of 28 events was compiled by the National Quality Forum of the United States. They are defined as “adverse events that are serious, largely preventable, and of concern to both the public and health care providers for the purpose of public accountability.”
~ See list below…
According to a 2012 study published in The New England Journal of Medicine, there are as many as 1,500 instances of ‘surgical souvenirs’—instances in which a surgical tool or other foreign object is left inside of a patient’s body after surgery—every year in the United States. The same study suggests an estimated total number of surgical mistakes at just over 4,000 per year in the United States; however, these statistics are extrapolations from incomplete data rather than actual event counts.
List of Never Events:
As defined by the National Quality Forum and commonly agreed upon by health care providers, the current list of 28 never events includes:
~ Artificial insemination with the wrong donor sperm or donor egg
~ Unintended retention of a foreign body in a patient after surgery or other procedure
~ Patient death or serious disability associated with patient elopement (disappearance)
~ Patient death or serious disability associated with a medication error (e.g., errors involving the wrong drug, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation or wrong route of administration)
~ Patient death or serious disability associated with a hemolytic reaction due to the administration of ABO/HLA-incompatible blood or blood products
~ Patient death or serious disability associated with an electric shock or elective cardioversion while being cared for in a healthcare facility
~ Patient death or serious disability associated with a fall while being cared for in a healthcare facility
~ Surgery performed on the wrong body part
~ Surgery performed on the wrong patient
~ Wrong surgical procedure performed on a patient
~ Intraoperative or immediately post-operative death in an ASA Class I patient
~ Patient death or serious disability associated with the use of contaminated drugs, devices, or biologics provided by the healthcare facility
~ Patient death or serious disability associated with the use or function of a device in patient care, in which the device is used or functions other than as intended
~ Patient death or serious disability associated with intravascular air embolism that occurs while being cared for in a healthcare facility
~ Infant discharged to the wrong person
~ Patient suicide, or attempted suicide resulting in serious disability, while being cared for in a healthcare facility
~ Maternal death or serious disability associated with labor or delivery in a low-risk pregnancy while being cared for in a health care facility
~ Patient death or serious disability associated with hypoglycemia, the onset of which occurs while the patient is being cared for in a healthcare facility
~ Death or serious disability (kernicterus) associated with failure to identify and treat hyperbilirubinemia in neonates
~ Stage 3 or 4 pressure ulcers acquired after admission to a healthcare facility
~ Patient death or serious disability due to spinal manipulative therapy
~ Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by toxic substances
~ Patient death or serious disability associated with a burn incurred from any source while being cared for in a healthcare facility
~ Patient death or serious disability associated with the use of restraints or bedrails while being cared for in a healthcare facility
~ Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed healthcare provider
~ Abduction of a patient of any age
~ Sexual assault on a patient within or on the grounds of the healthcare facility
~ Death or significant injury of a patient or staff member resulting from a physical assault (i.e., battery) that occurs within or on the grounds of the healthcare facility
Recommended actions following a never event
~ The Leapfrog Group offers four actions as industry standards following a never event:
~ apologize to the patient
~ report the event
~ perform a root cause analysis
~ waive costs directly related to the event


…. Drug Watch ~  Drugs & Devices, Current Law Suits, FDA Recalls…

medical malpractice
never events
standard of care
patient abuse
~ See also:
medical abuse
aggression in healthcare
blacklisting of patients by doctors
bullying in medicine
bullying in nursing
doctor-patient relationship
Medical harm
Professional abuse

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