Monday, November 26, 2012

An Emotional Malpractice in the Medical Profession

Notwithstanding the fact that I am not a medical professional as such, I still consider myself qualified to present my ideas on what I consider one of the most serious malpractices in the medical profession. Strange as it may sound, but as a patient, my association and affinity with hospitals and doctors have been as long and close as those of richly experienced healthcare professionals. However, it must be clarified that I look at the issue from a teacher's perspective and not from a legal one. It is my conviction that the doctor's job, as much as the teacher's, invariably involves the task of educating the customer. A failure in this regard either due to indifference or due to haughtiness amounts to a malpractice. I am not sure whether the law in any part of the world endorses this, but I hope my argument will find favor with the code of humanity by all means.

Somerset Maugham's paradoxical remark in his intriguing short story A Friend in Need that the longer he knows people, the more they puzzle him aptly applies to most doctors, the most sought after ones in particular. It is a mystery why experience seems to desensitize them instead of making them more empathetic. My personal experience apart, I have seen a large number of patients who silently suffered on account of lack of communication or inadequate communication from their doctor. They just have to be content with a few, quick instructions. Any attempt to know more will usually be discouraged as undesirable probing and further insistence will be considered as serious an offence as contempt of court.

Unfortunately, the most knowledgeable professors in the domain of the anatomy of the human body often appear to have missed the basics of the invisible anatomy of the patient's mind. They don't quite seem to appreciate that there is something the patient needs more than just the prescription. He wants to talk, he wants to be talked to, he wants to be told - what his problem is, how serious it is, what its possible causes could have been, what the prescription is going to be and what it is expected to do and so on and so forth. He longs to relate to, to be connected with, the doctor, emotionally, as a human being in need of help. He desperately looks for something more than a mere clinician - client relationship. It's only a patient who knows what a word of kindness can do to improve the morale. To him, it matters more than all the pills and injections on the planet put together.

I wish the people who have taken on the mantle of the god allowed a little more democratic ambiance with a dash of concern. Is it asking too much to expect them to be reasonably sensitive to the susceptibilities of the poor patient community?

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   

Misdiagnosis of Gall Bladder Cancer and the Law

Gall bladder cancer is form of cancer that affects the tissues of the gall bladder. The gall bladder is an organ that is somewhat small in sized, shaped like a pear, and found just under the liver on the right side of the abdominal cavity. The function of the gall bladder is to store bile and digestive fluids that are produced by the liver.

The incidence rate of gall bladder cancer is low, making it a fairly rare type of cancer. If the disease is diagnosed in the earliest stages, the chances of having a successful recovery are very good. That being said, the majority of cases of gall bladder cancer are not found early, and later stages of the disease make recovery chances quite poor.

The main reason that gall bladder cancer is often not diagnosed until it is in the later stages is because there are very few warning signs or early symptoms. What's more, the location of the gall bladder makes it difficult to view, which can mean cancer can be growing on it for a long time without being seen.

As mentioned above, gall bladder cancer is fairly rare, and usually affects people who are over seventy years of age. The disease affects women more so than men, which could be due to the fact that women tend to live longer than men. Misdiagnoses of gall bladder cancer are often because the disease is so rare, and because most technicians and other medical personnel do not spot it in a timely manner. There are a number of risk factors associated with gall bladder cancer such as: inflammation, gall stones, a family history of the disease, polyps, obesity, smoking, abnormal bile ducts, and porcelain gall bladder.

Unfortunately, there are few definitive symptoms of gall bladder cancer in the earliest form. That being said, there are times that a surgeon may notice particular abnormalities and order more tests when removing gall stones. For the most part, however, gall bladder cancer is only found in the later stages when symptoms do start to appear. These symptoms can include: sudden pain that can come and go on the right side of the abdominal area, a general not well feeling, or a high fever. This form of cancer can also cause bile ducts to become blocked leading to the digestive system from the gall bladder, which can cause the body to reabsorb bile which can result in a number of secondary symptoms such as jaundice. Because these symptoms can also be associated with conditions that are far less serious, such as gall stones, it is not uncommon to misdiagnose gall bladder cancer entirely. This fact, when combined with the problem of elderly patients not seeking prompt medical attention can lead to complications that can be life threatening.

In the event that medical attention is sought, but tests are not ordered, not properly analyzed, or symptoms have just been dismissed as a more minor condition until the cancer has spread, medical negligence may have occurred. When this happens, it is in your, and your family's, best interest to contact a personal injury attorney who specializes in cases of medical negligence and malpractice.

Personal injury attorneys who work in this field are extremely familiar with all of the ins and outs that surround these types of cases, and will work hard to ensure your claim is handled properly. While they cannot undo the harm that has been done, they can help you to recover damages in an attempt to rebuild part of your life.

Since medical negligence and malpractice cases can be quite complex in nature, and because the laws that surround these types of cases can vary a great deal from state to state, it is not recommended that you attempt to file on your own. Missing just one detail, one filing deadline, or any other mishap can completely ruin your chances of seeking the damages you are entitled to receive.

Most personal injury attorneys take medical negligence and malpractice cases on a contingency basis, which means you do not have to pay anything upfront. This can be a tremendous comfort because you can rest assured that your claim is being handled in a professional manner without the added worry of how to fund it as it progresses through the court system. This means that you have nothing to lose, but a great deal to gain.

Medical negligence claims are extremely serious and, especially when relating to gall bladder cancer misdiagnoses, can be completely devastating. It is important that you understand that you do have legal rights, and that you should take the steps necessary to enforce those rights. You can seek compensation for your pain and suffering, your past, present, and future medical bills, and even loss of income from having to quit your job. Not only will you be insuring your future, you will also be taking action to help prevent similar cases from happening in the future to other innocent parties. No one should have to endure this type of treatment, and far too often medical professionals are let off the hook with no blemish applied to their record so other patients have no idea of their mistakes.

Medical professionals, like many other professionals are expected to provide a particular duty of care. Those in the medical community even take an oath when becoming licensed. They vow to "do no harm" in any instance. By providing care that is lacking, or by not spending the time needed to make a proper diagnosis or follow up properly, harm is done, and in many cases, this harm cannot be undone. This breach of duty should not have happened, and it cannot and should not be ignored. It should also not be allowed to go unpunished. You should not delay in contacting a personal injury attorney to help you with your case. These professionals will not rest until those responsible are brought to justice and you receive everything you are entitled to.

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   Have You Acquired Hepatitis?   

What Is Obstetric Cholestasis?

Obstetric cholestasis, also sometimes referred to as intrahepatic cholestasis of pregnancy, is a medical condition that specifically affects women who are pregnant. Since not a great deal was known about the condition until recent years, it was common that women were not managed properly or that they were completely misdiagnosed. This is extremely scary due to the fact that the condition can be quite serious for both the mother and her unborn baby. Even though roughly seven pregnant women out of every one thousand have this condition, it is thought that the true number is actually much higher because women still may not be properly diagnosed.

Obstetric cholestasis, or intrahepatic cholestasis (also known as ICP), causes harm because it makes the liver disrupt the flow of bile through the biliary ducts. When this occurs, bile cannot be passed through the hepatic duct, which causes problems with the absorption of fats and general digestion. The condition is most commonly noticed in the third trimester when hormones are at their peaks, and is noted by jaundice and extreme itching. There are times, however, when symptoms present in the first trimester and continue throughout the duration of the pregnancy. There is a link between a family history of liver disease and ICP, which means it could be considered hereditary.

As mentioned above, ICP is most commonly noted by bouts of extreme itching. This itching can be so intense that it causes the woman to lose sleep and have daily activities impacted. The itching is most intense on the palms of the hands and the soles of the feet. While jaundice is not as common, it does indicate that the condition is much more severe. Nearly twenty percent of women diagnosed with ICP are reported to have jaundice. Other far less common symptoms include a loss of appetite, fatigue, mild depression, and dark urine.

While ICP can be quite irritating and serious for the woman, it is actually far more serious for her unborn baby. This is because fetal distress, hemorrhages, premature birth, and even still birth can all result. Roughly forty four percent of women with ICP go into labor early, giving birth before thirty seven weeks has elapsed.

The best way to treat for ICP is to diagnosis the condition early. There are a number of tests that can be ordered such as a serum bile acid test, which provide very accurate results. This test in particular requires the woman to fast so that bile acid levels in the blood can be accurately measured. When these levels are elevated, the diagnosis is usually ICP.

In earlier years, ICP was commonly treated with a medication called cholestryamine, which is a drug meant to lower cholesterol. Today, this treatment is not considered to be effective for reducing bile acid levels in the blood. Because of this, a drug called Actigall is now used as it has been shown to be more effective due to the fact that it replaces bile acids found in the blood. Actigall has also been found to reduce the risk of a woman having a still birth. Vitamin K is also commonly administered as it helps to reduce complications from bleeding and helps to improve the absorption of fat soluble vitamins. When these treatments are given before thirty two weeks gestation, steroid shots are also given to help the baby's lung develop and to head off breathing problems in case of an early delivery. Steroids also help to control the itching the woman experiences.

It is quite important that all pregnant women be monitored on a regular basis throughout their pregnancy in order to ensure everything is progressing normally and that the baby is developing adequately. If there are any signs of fetal distress, medical intervention may be required. If the baby is more than thirty six weeks, and has mature lungs, it may be necessary to deliver in order to ease the symptoms of ICP, and protect both mom and baby.

Delivering the baby cures the condition of cholestasis, but liver enzymes still need to be monitored closely until the time it is certain they are once again normal. Women who have suffered with ICP during one pregnancy have as much as a sixty to seventy percent chance of it occurring again in future pregnancies.

In the event that medical staff does not properly monitor a pregnant woman, does not adequately treat the condition of ICP, or does not diagnose ICP, serious consequences can result. These consequences can easily be avoided if medical staff is attentive and not negligent in their level of care. If it is found that the medical staff did not act in a proper manner medical negligence or malpractice may have occurred, which means the patient suffered needlessly and may have grounds for a lawsuit.

If you or someone you know has suffered with ICP, or your baby has experienced consequences because of the condition, you may be entitled to seek compensation for your injuries. Since these cases can be somewhat complex in nature, and many states have laws and statutes of limitations that vary, it is quite important to seek legal counsel as soon as possible.

Personal injury attorneys who specialize in the area of medical negligence and malpractice are well suited to help you with every aspect of your case from start to finish. These professionals will work hard for you, and will take on what often seems like the massive legal team that protects medical professionals. From collecting medical records, to filing documents, and everything in between, personal injury attorneys take care of everything so you can focus on your recovery.

What's more, personal injury attorneys typically work on a contingency basis, which means you do not have to pay anything up front, or worry about how to fund your claim as it progresses through the legal system. Do not hesitate to seek compensation for your injuries, and do not try to go through this process alone. Personal injury attorneys are here to help and can get you the justice you deserve.

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   

A Malpractice Lawyer Can Help

When hiring a malpractice lawyer, one of the first things these professionals will do is work with you to determine whether or not you have a case. Not every situation in which an individual is facing injury or loss will result in a legal case. However, during an initial consultation with an attorney, you should know if you have enough information or proof of a level of negligence. It is a good idea to come in to see an attorney even if you are unsure if you have this type of case.

One of the things the malpractice lawyer will discuss with you is whether or not you meet the basic requirements to file a claim against a professional. In short, you need to show that the following things took place and that you do, therefore, have the foundation for a claim.

Was there a doctor/patient relationship in place? Proving this is critical because you need to have actually hired the medical professional and they must have agreed to work with you. You cannot sue someone for the medical advice that you overhead, for example.

Was the professional negligent in the care provided? This is not as easy to prove as you may think. It is more than just being unhappy with the outcome. Rather, you must show that the professional was not reasonably skillful and careful in his or her diagnosis or treatment of your condition. If a competent doctor would have done something differently, you may have a case.

Was the injury directly caused by the doctor's negligence? This is another situation that may be difficult to prove. In short, you need to know that the actions or inactions that the professional took actually caused the harm. Even if the actions that the professional took were negligent, if they did not cause harm, it may not be an effective tool.

There must be specific damages as a result of the alleged negligence. This includes physical pain, mental anguish, lost work, lost earning capacity, and/or medical bills because of the medical professional's actions.

While it is difficult to prove all situations, this type of negligence does, indeed, happen. A malpractice lawyer can help you to avoid situations where you do not have proof. In addition, he or she can help you to determine what options you have for proving your case and what this will entail. If you are facing harm because of a doctor's actions or inactions, it can become necessary for you to take steps to prove your case. This attorney can help answer your questions and help you to make the right decision moving forward.

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   Have You Acquired Hepatitis?   

What to Do If You Are a Victim of Medical Malpractice - 3 Tips For Victims

Medical malpractice is one of the biggest concerns most people face when having to undergo surgery. While they may be upset and concerned about the procedure they are undergoing, many people also have that fear in the back of their minds; "what will happen if the doctor makes a mistake?" This has not always been the case; however, the media coverage on medical malpractice has increased the awareness of the general public as to how often a mistake is made.

If you think you have been the victim of medical malpractice the first thing you need to do is contact a medical malpractice lawyer. The sooner you do this the sooner they can begin to gather the documentation needed to represent you fairly in court. That being said, you need to understand that many medical malpractice cases never reach the court system. Most malpractice cases are settled out of court.

The second thing you need to do is be completely honest with the medical malpractice lawyer that you hire. They have to have an uncensored report of what actually happened. Just because you are not happy with the results of a surgery that does not mean that you have a malpractice case against the doctor who performed the procedure or hospital where the procedure took place. Your lawyer will have to prove that negligence was involved and that it caused you harm.

The third thing you need to do is; prepare for a long wait. Even if you have a very strong case against the doctor or hospital it could take months or years to reach the point of a settlement. Malpractice cases are notoriously difficult to prove. Yes, if the doctor in question leaves behind something in your body during a surgical procedure you may have an easier time proving malpractice on his part. However, this is a rare occurrence no matter what the tabloids say to the contrary.

Physicians, hospitals, and the nurses who care for you are trying to provide you with the best care possible. Accidents can and do happen because they are only human. However, an accident is not always negligence. Negligence is defined as: "Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm." You or your lawyer will be faced with providing proof that the doctor, hospital, or nursing staff behaved in a manner that was below set standards for care.

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   Have You Acquired Hepatitis?   

What You Must Know Before Starting a Medical Malpractice Case?

According to a study about 5 to 10 percent of patients leave the hospitals having been victims of medical malpractice. However, due to pitfalls in medical malpractice law, few will be able to recover for their damages in court. To find out if you have a viable cause of action against the doctor, contact medical malpractice lawyers in your area, who will review your case and give an opinion on the probability of success of your lawsuit.

Here are few things to consider:

1. Jurors prefer to find in favor of doctors and hospitals

Jurors often decide cases based on personal preferences, emotions or something totally unrelated to the case, like victim's race, nationality, age. Their actions are unfortunate since some plaintiffs, with otherwise good medical malpractice cases will lose simply because the jury took a dislike to him or her. On the other hand, jurors tend to trust doctors and hospitals. Just like any other person, they have been treated by a physician or have gone to the emergency room, and were cured from their illness or disease. They tend to respect formidable looking physicians and be biased in their favor.

2. Statute of limitations must not have expired

In New York, a person has two and a half years from the act of medical malpractice to start a lawsuit to recover damages for injuries sustained. In addition, if the action is against a public hospital, the hospital must be served with a notice of the claim in a limited amount of time. Furthermore, if the patient dies as the result of physician's negligence the statute of limitations is two years from the date of death. It is important to be aware of these timeframes and a lay person will most likely not know the different deadlines. Hiring medical malpractice law firm to represent you, assuming you retained them within the time allowed, will ensure that all the legal procedures and rules are closely followed.

3. Negligence of the doctor must result in serious injuries

Lawsuits against doctors and hospitals are expensive; not only does one have to pay for all court expenditures, but there are also sizable costs to take depositions of all parties, as well as expert witness fees, which run in thousands and thousands of dollars. If the person injured due to the doctor's negligence recovered from the illness, or if the injury is minor, the lawsuit may not be cost effective to pursue. Consult with your attorney before proceeding with the case as to what the disbursements might be, so that you can make an informed decision.

4. Experts are expensive

Doctors who testify for either side of the lawsuit usually take a day from their daily practice to come to court. Very often they are detained for more than a day for testimony and the costs of having their office closed for two or three days runs into a sizable amount of money, for which the physician needs to be reimbursed.

Your attorney will be able to advise you how much money the expert in your medical malpractice case is likely to charge for his court appearance, knowing the number can help you calculate the expenses of the litigation and whether the case is worth pursuing.

Misdiagnosis of Bowel Cancer, What Can You Do?   The Future of Obamacare After Oral Arguments   Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice   How The Compensation Claim Process Works   Have You Acquired Hepatitis?   

Twitter Facebook Flickr RSS



Français Deutsch Italiano Português
Español 日本語 한국의 中国简体。