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?

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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.

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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.

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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.

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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.

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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.

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Risks Involved in a Premature Birth

Most babies are born between the 37th and 40th week of pregnancy. This is considered full-term. Babies who are born a few weeks early generally don't suffer problems. However, that risk changes the earlier the baby is delivered.

The more premature the baby is, the more complications there can be. This is why if premature labor can be avoided, it should. A premature baby can suffer serious problems, including death.

Early prenatal care can help prevent a premature birth. However, if there was any negligence of the doctor or another healthcare provider, they could potentially be held liable.

The causes aren't always known. Some women are more likely to experience a premature birth, which is why doctors need to carefully monitor them. This includes those carrying multiple babies, along with teens and older women.

Certain medical conditions can also increase the risk of a premature birth, such as a sexually transmitted disease or an infection in the mother that has not been treated.

Women who have previously delivered a baby prematurely or have health complications could also be at risk. Conditions such as preeclampsia, eclampsia, heart disease, significantly elevated blood pressure and kidney disease are some examples.

Doctors should be aware of these potential causes for a premature birth and take steps to prevent it. While premature labor can't always be avoided, close monitoring and addressing health needs could make a huge difference.

Complications of a Premature Birth

Babies born too early can suffer from a number of complications including:

underdeveloped organs; breathing/feeding difficulties; irregular blood sugar levels; seizures; low oxygen levels; bleeding in the brain; infections; learning disorders; irregular body temperature; underdeveloped immune system; jaundice; developmental problems; and death.

Some of these complications can be treated and the child will grow and develop as they should. However, other times certain complications may lead to impairments in development, learning and vision. A child may also develop cerebral palsy.

Treating a patient who is at risk for a premature birth is vital. The doctor should take appropriate steps to manage the mother and if there is a premature birth, the child as well.

When there is any indication that the doctor or another healthcare provider acted in a negligent manner, you should consult with a birth injury lawyer. A lawyer can explain if you have a valid claim, what legal options are available and what types of damages you may be eligible to seek.

Don't delay as you may be running out of time. Birth injury claims may have a time limit in which they can be filed.

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Misdiagnosis of Larynx Cancer, What Should I Do?

The larynx is located in the throat, and is also referred to as the voice box. Cancer of the larynx is a particular form of cancer that affects this area. The vocal chords, which vibrate to make sounds when a person speaks, are located in the voice box, which itself is made of cartilage. The larynx is connected to the throat and can be located just under where the throat is found. Throat cancer, including cancer that affects the larynx occurs when the cells of the throat mutate and change at an abnormal rate. The mutations then cause the cells to change and grow at a rapid rate, and live much longer than is typical for that of healthy cells. This causes an accumulation of cells that are abnormal, thus resulting in tumors.

While it is not known for sure what exactly causes these cells to grow in this fashion and cause cancer, medical professionals have been able to determine a number of factors that increase the chances of developing larynx cancer. Behaviors such as smoking, chewing tobacco, and abusing alcohol all increase the possibility of developing cancer.

There are some main symptoms that are associated with larynx cancer. Because this type of cancer forms on or close to the vocal chords, the tone of a person's voice, and the voice itself, may change. Hoarseness may also be reported in some patients. Other noted symptoms that are attributed to cancer of the larynx include discomfort swallowing, shortness of breath, a lump that can be felt in the throat or neck, and chronic ear aches.

That being said, there are some cases of cancer of the larynx that do not affect the vocal chords whatsoever, therefore there is no noticeable change in the tone or quality of the voice. It is also quite common that a patient who reports to the doctor with early symptoms of larynx cancer is dismissed as having a minor case of laryngitis because of a viral infection. Anytime this happens, a delay in treatment occurs, and the result could be quite devastating.

In order to make a proper diagnosis of cancer of the larynx, medical professionals need to conduct a complete physical examination along with ordering certain tests and x-rays. If there is a failure to adhere to this procedure, an act of medical negligence may have occurred. When preliminary tests and physical examinations are done, a more definitive diagnosis may be made by referring the patient to an ear, nose, and throat specialist. These specialists will physically feel the throat and neck area for any lumps or enlarged glands, and take a look at the overall health and condition of the mouth, and back of the throat. A more close up examination may be needed by using a fiber optic nasendoscope. A nasendoscope is a thin tube that has a light on one end. This helps the physician to view down the throat at a greater distance. From this point, follow up examinations may be ordered to get an idea of the shape of the larynx, which will require sedation by means of general anesthesia. Any items of concern will be collected during this procedure and biopsied for further diagnosis.

If cancer of the larynx is caught early, it can be treated, and the patient can have an improved quality of life, and may be able to be cured. If the cancer is left untreated, or there is a delay in treatment, it is possible that the cancer can spread to other areas of the body, which can lead to a case that is much more difficult to remedy.

If a proper diagnosis is not made because of an error on the part of a doctor or because of a technician who did not properly interpret lab results, a form of medical negligence may have occurred. When this happens, it is important to understand that you have legal rights, and you may be able to enforce those rights in a court of law.

If you or someone you know has been the victim of a misdiagnosis of larynx cancer, you should not delay in seeking legal assistance. Contacting a personal injury attorney as soon as possible can help to ensure your rights are protected and give you the best chance of obtaining compensation for your injuries.

Personal injury attorneys who specialize in this area of the law are extremely skilled with these cases, and will work hard on your behalf. He or she will handle every last detail, collect medical records, evidence, and even arrange for expert testimony if needed. Personal injury attorneys will file all proceedings and provide advice on the best way for you to head with your case.

Best of all, most personal injury attorneys work on a contingency basis, which means you have nothing to pay upfront. By not having to worry about how to fund your claim as it progresses through the legal system, you can spend your time focusing on your personal health and recovery, as well as spend precious time with friends and family.

In the event that you have lost a loved one because of a misdiagnosis of larynx cancer, you may be able to file a wrongful death claim on the decedent's behalf. A personal injury attorney will discuss your options and guide you in the proper direction.

Medical negligence claims can be quite complicated and are certainly not something you will want to take on yourself. Every state has various laws that govern these types of cases, and various statutes of limitations that must be followed. Failing to file in the proper amount of time or in the right way can sabotage your chances of receiving compensation.

Do not risk becoming a victim twice. Medical professionals have teams of legal representatives working on their side to protect them in all ways, and you should have someone in your corner. Hiring a personal injury attorney will give you all the tools necessary to get the justice you so rightly deserve.

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Hospital Errors - Many Go Unreported, Most Are Dangerous

You likely think of the hospital as a place to get well, not as a place where you might suffer needlessly because of medical errors. But a recent study by the Department of Health and Human Resources found that medical errors are very common and, worse, not always properly reported to hospital administration.

The report, released in January of 2012, revealed that the majority of hospital errors go unreported to hospital administrations. Hospital administrations usually request reports of errors by medical staff in order to tweak policies and procedures in hopes of preventing further patient harm or death. Since so many errors are going unreported, however, patients are suffering from repetitive mistakes. The Department of Health estimates that 130,000 Medicare patients a month suffer from adverse hospital events.

Some common unreported hospital errors cited include:

· Serious Bedsores

· Improper use of blood thinners causing excessive bleeding

· Delirium caused by the overuse of painkillers

· Medication Errors

· Infections caught in the hospital, such as MRSA

All of these errors are harmful to patients, but some errors, such MRSA, can even lead to patient fatalities. Repeated medical errors could indicate that a hospital or doctor is liable for a medical malpractice suit.

Medical malpractice is defined when someone within the medical community does not take due and reasonable care with a patient, as other professionals would have done.

If you have lost your loved one unexpectedly from a suspected medical error or if you have been gravely injured by a medical error, you might be considering a medical malpractice suit. But mere medical errors do not necessarily indicate malpractice.

Malpractice must involve negligence or not excercising due care. For example, negligence is involved (requires pre-awareness of problem) when nurses or doctors repeatedly give too many blood thinners.

Or, inadequate sanitation standards that lead to wide-spread MRSA exposure within the hospital is another example.

Are hospitals liable for death from MRSA infections caught in hospital?

If you have lost a loved one to what you think is a medical error in a hospital, or if you yourself have suffered from a medical error, you may be considering a medical malpractice lawsuit.

But claims and suits against hospitals can be complicated. There are several liability issues to consider:

· Doctors, rather than hospitals are sometimes liable for mistakes because they are independently contracted by a hospital.

· If the hospital knew about certain repeated medical errors that they didn't try to fix, they might be liable for patient injury or death. The liability could fall with a specific doctor, though, especially if medical errors are going unreported to hospital administration-- if they aren't aware of a problem they can't be held liable for it.

If you think you are a victim of medical malpractice, you should contact an attorney who specializes in personal injury and malpractice law. An attorney will be familiar with the laws and regulations and can help you determine who might be responsible for your injuries.

It's important to remember that medical malpractice is a very specialized area of law requiring a highly experienced attorney. Not only is your time to file a claim shorter than in other areas of the law, proving negligence on the part of your health care provider is very complex, which is precisely why hiring an experienced attorney is so critical. Medical malpractice lawyers at Tennessee's Gilreath & Associates possess the experience and knowledge to represent you during this vulnerable time.

You have to act fast though - time is absolutely critical, especially in medical malpractice cases. Contact an attorney at Gilreath & Associates to discuss your individual situation today.

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Finding a Competent Lawyer for Your Medical Malpractice Suit

When a doctor makes a mistake in treating a patient, the immediate conclusion is that the latter may have a medical malpractice case against the former. It may be true to some, but not all, instances. It is not enough that the physician committed an error in the diagnosis. The more important factor is that the client should have been harmed by the mistake, which can happen anytime during the course of medical treatment.

The immediate recourse in any case of malpractice by the medical profession is a lawsuit. However, before you can file a lawsuit, there has to be a proof that the mistake caused damage or further harm to you, the patient. Amputation of the wrong limb is a clear case of malpractice. However, there are instances when the dividing line is unclear as to whether it was malpractice or not. For instance, instead of the infection on your arm getting cured, your arm's condition worsened after the treatment. Thus, a medical malpractice case is a complicated and long process. Aside from the requirement an expert witness to disprove the pieces of evidence presented by the medical professional, the services of an experienced personal injury attorney & lawyer from a reputable law firm is highly required.

What are the things that you need to consider when considering a malpractice case against you doctor?

• Look for lawyers who specialize in medical malpractice cases. There are only a few lawyers in this field because these cases are considered not only complicated but also risky and highly expensive. You may want to search for the list of reputable firms first, and them determine whether the firm handles malpractice cases.

• Get background information. If the firm has a website, you can surely find some of its famous clients and a list of successful cases that it had successfully defended.

• If you cannot decide, ask other people if they are familiar with your chosen firm/attorney as well as their opinion regarding them. Ask for references as well so that you will be aware of the lawyer's skills and competencies. Check out the attorney's track record, for instance the number of medical malpractice cases that he was able to handle.

• Set an appointment with the lawyer. The most important thing when you are planning to file a suit against a physician is that you are comfortable with your lawyer. This can be achieved if you see to it that you get to talk with the lawyer first hand.

• It is not enough that the lawyer is well versed with the language of the medical profession. It is also important that he or she is able to explain in layman's terms the complicated languages of law and medicine.

If you are suing for medical malpractice, it is important to find a competent attorney who is experienced and knowledgeable in the specific type of case that you are planning to take on. These lawsuits are complicated, yet with a reputable lawyer and expert witness, you can be sure that you case will be handled to the best of your concerns.

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How To Find A Good Medical Negligence Solicitor

Medical negligence claims often require extensive research; the legalities and the clinical aspects of the claim both need to be thoroughly assessed by the relevant professionals. Choosing a good medical negligence solicitor will make the often timely and stressful process a little easier for you, and knowing you have a fully-trained professional looking after your case should give you some peace of mind.

Fortunately, very few medical negligence cases manage to reach court proceedings, but you'll still need a qualified medical negligence solicitor to work on your claim to ensure the process is handled correctly and runs smoothly. The decision to take legal action shouldn't be taken lightly - the process can be stressful, timely and costly, and you will need to be in a mentally strong position in order to repeat and give details of your story when necessary. There are guidance charities who will be able to counsel and support through your claim, and you should consider this help if your case has been life-altering.

If you aren't happy with the treatment you have received in hospital or in any other medical institution you have a right to complain and the health authorities should promptly deal with your complaint. You have to go through a variety of procedures regarding the size of your complaint and you will more than likely have to go through the Patient Liaison Advisory Service (PALS). Your solicitor should be able to help you with all of the above procedures and help you get your complaint dealt with effectively and efficiently.

To find yourself a good medical negligence solicitor you should thoroughly research solicitors in your area until you find one you think will be suitable for your case. Find out whether the solicitor has a successful history of winning cases, and more to the point, cases that are similar to yours. Where do the solicitor's specialisms lie? Do they have a website with good testimonials? The more information they are prepared to give away shows they have less to hide and a successful case history speaks volumes for their experience and professionalism. Arrange an appointment with your potential solicitors so you can talk face-to-face, it's important to have a rapport with your medical professional as you will be spending a lot of time together - it's important you trust your solicitor and believe they are in it to help you, not only make money.

You will need to gather all evidence ready to give to your solicitor, it's important to note down everything that happens when it's fresh in your mind - keep a journal, or notes to keep track of everything. The more detail you have, the more helpful it will be when the solicitor is assessing your case. It is essential that all of your evidence is as accurate and transparent as possible, it may take some time to gather such information but it is integral to a successful claim. You'll need to find out names of all of the medical professionals who were involved in your treatment, from your GP to your surgeon, the diagnosis and the treatment you received, the names of all witnesses and all conversations that were carried throughout and after the procedure should be noted; this is why it's so important to keep note of everything that happens.

Finding a reputable medical negligence solicitor needn't be a struggle, as long as you thoroughly research their credentials and previous case history, and you get trust your solicitor, you should be confident in moving forward with your claim.

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Claiming Compensation For A Cosmetic Surgery Mistake

Cosmetic surgery procedure numbers are increasing every day and more people than ever are choosing to go under the knife to enhance their looks. Both men and women are spending vast amounts of money on expensive cosmetic procedures making the cosmetic industry millions of pounds every year - and that number is continually increasing.

The increase in popularity of cosmetic surgery has led to an increase in more private surgeries. The majority of these surgeries are reputable and have fully-trained professionals who look after their patients. However, there are private surgeries popping up and they tend to be more interested in taking your money than looking after you properly during your procedure.

With so many deals and offers in circulation, especially online, for Botox treatments, teeth whitening and liposuction; cosmetic procedures are more easily accessible to people who may not have been able to afford them before.

Going through with surgery is a personal decision that should not be taken lightly, no matter what the type of treatment is. In most cases, your surgeon or therapist will inform of you of all of your options and of any risks or complications with your procedure. By law, you must then be given the time to go away and think about whether you want to go through with your procedure, and make an informed decision. The majority of cosmetic surgeries are all above board but unfortunately, some surgeries are more concerned with taking your money than looking after your welfare.

If you think you weren't given the care you are entitled to before, during, or after a cosmetic procedure, you may be able to claim for cosmetic surgery compensation. Below are a few of the most common types of medical negligence compensation that people have claimed for against a cosmetic procedure:

Fillers (Botox) Fillers are chemicals that are injected into the skin to change your appearance. Botox is one of the most common procedures carried out in the UK. To become a botox therapist all you need to hold is an EU patent, and most people can get one of these. Unfortunately, accidents occur when the Botox therapist isn't fully-trained. Those who regularly have Botox injections tend to forget it contains the poisonous chemical Botulinum, and if used incorrectly it can result in severe headaches, allergic reactions and paralysis of the wrong facial muscles.

Breast Augmentation Another common procedure that if not performed correctly can leave you with severe scarring, lopsided breasts, bleeding, desensitisation in the nipple area and implant ruptures.

Facelifts If facelift surgery isn't carried out properly you can be left with scars and damage to facial nerves.

Tummy-tucks Tummy-tucks and liposuction have become a lot more popular since cheap deals have surfaced, so more people are going under the knife remove sagging skin and stretch marks. As a rule, this is a safe procedure with minimal risks but it is invasive surgery and there are cases where mistakes can happen.

All cosmetic surgery procedures carry risks and complications, and just because something has gone wrong, it doesn't mean you have a right to claim. You have to prove the level of care fell below what is expected in order to claim for negligence compensation. If you feel you have a case, you should contact a specialist lawyer to help you - claiming for cases such as these can be traumatic if you've experienced physical or psychological damage, so it's important you know the help that is available to you.

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What You Need To Know About Medical Negligence in Accident and Emergency

All of us have been to our local hospital's Accident and Emergency department at some point, be it for a spot of DIY gone wrong or a sporting accident. Cases in A&E are generally dealt with quite quickly and don't usually require any particularly long-term treatment beyond stitches, casting and slings.

The fact A&E units don't tend to deal with long-term cases coupled with the sheer amount of accidents the public get themselves into means that A&E departments get through quite a high volume of patients. Although care standards are generally high, this can lead to mistakes being made and things being missed. The implications of even the smallest misdiagnosis can be dire, with emotional and physical impacts on victims and their families.

So how do you know if you've been a victim of negligence in an Accident and Emergency department? Medical negligence on the whole is defined as any treatment from a medical professional which falls below a 'reasonable standard of care' due to negligent behaviour or incompetence. Medical negligence can lead to losses in the quality of your life, as well as financial losses from extra care or an inability to work, so any victim is entitled to compensation.

Negligence in A&E can be defined in a number of ways, reflective of the various treatments that take place in the department. Most involve a medical professional 'missing' something, such as a fracture, a torn tendon or a foreign object lodged in the body. Misdiagnosing someone or failing to refer them for further treatment when required also counts.

More or less anything that leads to treatment down the line that would have been otherwise unnecessary with proper care qualifies as medical negligence. This includes aspects you may not even considered, such as improper cleaning of a wound that leads to an infection or discharge from hospital at an inappropriate time.

Claiming compensation for medical negligence can seem daunting, but anyone who feels they've been a victim shouldn't be afraid to make a claim. The process is actually relatively simple, especially if you enlist the help of good medical negligence solicitors.

Medical negligence solicitors will help you through every step of the legal process, from gathering the documents that prove your care was insufficient and you suffered as a result to determining who you should be claiming your compensation from. Choosing a medical negligence specialist over regular solicitors is vitally important.

Medical negligence solicitors will have the clinical and medical knowledge needed to navigate the oft technical proceedings, and will make your claims process a lot easier to digest.

If the legal process itself doesn't put off potential claimants, then funding is another factor which can scare people away. Again, it's important not to worry and remember the benefits will outweigh costs.

Help for funding your case is available from a number of sources. Legal Aid is available through select solicitors if you can't afford to fund your case. Similarly, a lot of solicitors now offer 'no win, no fee' schemes. If you should lose your case, you can sign up for insurance which will cover your losses - sometimes, this is even covered in your home insurance.

Accidents do happen, and when they do it's important to remember that you have a right to compensation. Don't be afraid if you feel that you've been a victim of medical negligence; you will get what you are entitled to.

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Medical Accidents Happen - What Can You Do?

To err is human. Random accidents and mistakes are very much a part of life just that it is quite difficult to come to terms with them especially on the medical front. Doctors and other healthcare or medical professionals are expected to be examples of perfection, offering only the very best of their services to patients; however, they too are prone to making mistakes. Patients and their families often do not even realise the mistake or notice the lack of service or adequate advice, until the consequences begin to manifest. Impact of gross medical negligence usually is instantaneous with dire results.

Anyone affected by medical negligence should first assess the situation to decide how they would like to handle the matter. Most people simply look for an explanation, a reason, or probably a simple apology to help them cope with the sudden loss of a loved one or other less severe consequences. Victims of medical accidents are too deeply drowned in sorrow to think about claiming compensations for the damage caused. Depending on the extent of the damage, patients or their families may also opt to file a formal medical negligence claims.

Possible Course of Action

It is important to decide what aspect of service or advice lacked quality and is to be contested. Once that is clear, the affected party should approach the concerned hospital, doctor or healthcare staff to make sure of the exact reasons or conditions that led to the error. Patients or their families can also approach local health authorities, Patient Advice and Liaison Services, or the Independent Complaints Advocacy Services for further clarifications or explanations on their complaint.

Gross medical negligence leading to loss of human life or severe impairment of health conditions is liable for compensation and punitive measures, and such cases can be addressed with the help of professional no-win no-fee medical negligence solicitors, who are well-versed in the nuances of claims and compensations. However, all claims may not justify compensation, but the process can be funded by securing legal aid.

Registering a formal complaint with the hospital or NHS trust before or along with the claim is advisable. Filing a claim also requires sufficient proof for lack of quality service or negligence, and any mental or physical impact arising out of the situation. Despite all causes and proofs, it is to be noted that not all claims are successful, even when handled by legal experts.

Medical negligence is not easily definable unless explicitly and authoritatively proved. Illness does not follow any pre-set theoretical pattern, with unexpected developments expected any time during the treatment. The same illness may have a totally different effect on another human, subject to his/ her physical condition and medical history, and may require a different approach to address the condition.

Universally, doctors work to the advantage of the patients, offering their best services. Negligence only surfaces under conditions of extreme stress faced by the staff, and it permanently mars the career record of those involved. But that is no excuse for the case to go unnoticed as the victim too undergoes mental and physical impact as a result, and this impact is certainly worth an explanation or apology or a fair compensation.

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Why Should You Consult With an Erb's Palsy Attorney?

Erb's Palsy occurs as the result of a physical trauma during birth, and is usually caused by the hospital staff's negligence in delivering the baby. As such, Erb's Palsy is a preventable condition, which would not occur but for the health care provider's deviation from the acceptable standard of care. If you feel that you child suffers from this condition, you need to contact an Erb's Palsy attorney to protect your rights. Here is why:

Majority of cases where this condition occurs happens during labor and delivery. This condition, also known Brachial Palsy involves injury to the baby's shoulders. If your child's doctor has diagnosed him with this condition, you may want to contact Erb's Palsy attorney to see how the injury could have been caused. During a difficult labor and delivery the head of the newborn may pass easily through the birthing canal, but the rest of the body, especially since the shoulders are so much wider than the head, get stuck. The medical staff's actions in trying to get the body through the vaginal canal by pulling the baby's neck and head may cause Erb's Palsy.

Once the child begins to learn play with toys or tries to put a crayon in his hand you may notice his inability to hold the objects or manipulating small items, such as cheerios. The condition can be manifested in the following ways:

· Stunted growth of arms or hands

· Inability to master fine motor skills

· Lack of feeling in the shoulder

· Inability to have control over the shoulder's movement

· Inability to hold weights in the injured arm

This condition may be treated with therapy and the child can get better with time. However, there are instances where occupational or rehabilitation therapy fails and surgery has to be resorted to. Long and painful recovery may lead to the child experiencing depression due to lack of improvement, which results in psychotherapy treatment, medications and of course, more money spent on medical care. Erb's Palsy attorneys understand the high cost of medical care a child with Erb's Palsy requires and seek damages for past and future medical expenses in the family's lawsuit against the negligent physician.

In New York the time to start a medical malpractice is 2 ½ years from the time the negligent act took place. In case of infants being injured due to the doctors' mistakes, the statute may be tolled till the child reaches majority and can then bring an action on his own behalf. However, an Erb's Palsy attorney is unlikely to recommend waiting that long since evidence, such as hospital records, will be destroyed during that time, the physician may become unavailable or the insurance company may be liquidated. In addition, the cause of action by the parent to sue for loss of services is different from infants, and an Erb's Palsy attorney can explain all the applicable statutes of limitation to his clients.

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