Young doctor checking an MR exposure

Medical Malpractice Mistakes and Legal Claims

In the medical field, several mistakes are committed by doctors and nurses. These mistakes often lead to tragic consequences faced by patients. As such, the legal industry has made it possible for victims of such malpractice to file for compensation claims.

Some of the most common medical malpractice mistakes include:

· Misdiagnosis, failure to diagnose and delayed diagnosis

· Childbirth injuries due to negligence during delivery or pre-natal care

· Surgical errors during surgery and post-surgical errors. This may include leaving equipment in the patient’s body, lack of proper post-surgical care and negligence that results to damage of other organs.

· Anesthesia mistakes. In this case the anesthesia used might be too much, the doctors might have failed to monitor the patient’s vital signs, improper equipment was used to administer anesthesia or tubing was done improperly.

· Medication errors in terms of improper dosage, improper medicine or use of inappropriate equipment when authorizing medication.

One can file for compensation when they suffer complications and other forms of personal injury if they fall victim of any of the most common medical malpractice mistakes. They should follow some guidelines in the legal field.

Consult a lawyer

A victim should seek legal services as soon as they discover they are suffering due to a malpractice mistake. It should be done sooner than later in order to fall within the statute of limitations. This is because in some cases, the limitation of filing for a malpractice runs from the time the mistake was committed, to a certain period of time. However, some cases are more lenient and they extend the time. The lawyer will know who to sue, how to file the case and what compensation to ask for.

Proof of relation between error and complication

The first step in filing a case is proving that the malpractice actually occurred. As such, the patient should access their medical records. Medical records show prescriptions, tests done, anesthesia administered, doctor and/or nurse that attended to the patient. This information is extremely crucial since it tells the lawyer what to complain about and who to file a complaint against.

 

In most cases, the legal industry requires expert support on the claim made. In this case, the patient is required to visit another doctor who can find out the cause of their complications and prove that it was due to a medical malpractice. The evidence should show that the patient was owed a duty, the duty was breached, suffered injury due to a breach and has suffered financially or emotionally due to the resultant injury of malpractice.

Filing the case

With the right evidence, the lawyer can proceed to file the case on suitable grounds. The law states that the defendant must be notified about the case. If the case is approved and it goes to court, the victim may expect compensation for loss of income, pain and emotional suffering, medical expenses, death, disability, punitive damages and disfigurement. The court decides whether the case deserves compensation, the form of compensation to be paid out and the amount of compensation.

If you have suffered due to a medical malpractice, it is advisable to seek legal compensation. If the case goes in your favor, you might be able to receive compensation for your suffering.

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The Real Cost of Surgical Malpractice

Surgical malpractice is costly for patients as well as for doctors and the healthcare system. Recent trends suggest that in the US the healthcare system is eroding its ability to deliver proper patient care. This steadily growing crisis in the health care system is in part caused by the direct and indirect costs of medical malpractice. There were some highly popularized malpractice cases by media, such the malpractice lawsuit involving Dr. Eric Leefmans who had to pay $1.75 compensation for malpractice.

It seems we have plenty to worry about, as we can hear about malpractice cases everywhere, from expert witnesses who made a fortune testifying in lawsuits, to doctors who have been sued. The newspapers and TV news cover plenty of sensational information on this topic.

The medical malpractice cases make bad advertising to the medical community and pose the risk to discourage the future enrolment of students in medical schools. That would lead to deal with a shortage of medical personnel, which is already starting to be a problem. For example, in New Hampshire, many physicians are starting to leave the state, as malpractice insurance costs soar. Statistics show that the specialty physicians have to spend with 50 percent more in premiums from five years ago. The average premium for neurosurgeons and obstetricians is now close to $100,000.

Manchester and Concord have experienced a significant decrease in coverage for some sub-specialties in the past five years, including oral surgery and neurosurgical specialties. Also, several small hospitals in the state of New Hampshire practice without an anesthesiologist. In the northern region of the state only one obstetrician is left to deliver babies. Many subspecialty groups have significant challenges recruiting locally new physicians in this area of expertise. Many studies predict a significant gap between demand and availability of all types of physicians.

As in all professions, in the medical field errors are made. The surgeons do their best to ensure quality medical care. However, the great financial gains attorneys receive from successful malpractice lawsuits decreases their credibility and the moral authority on these issues in comparison with the physicians who spend considerable effort and time in training and caring for patients. Physicians work in this difficult profession because they really love healing patients. However, the expectation that every illness will have a perfect outcome, no matter how severe the trauma or the illness, and the threat of lawsuits have created a confrontational interaction between physicians and patients.

Most people who are reading about a lawsuit for malpractice assume that there was negligence on the part of the physician. However, the basis for evaluating negligence often relies on the opinion of experts who are paid $1,000 per hour for their opinion that supports the plaintiff. These professional “experts” learn most of their income from malpractice cases. They have, therefore, a strong financial motivation to support a malpractice lawsuit.

The US medical system is going though many difficulties, including rising medical costs, loss of physicians, and increasing health insurance costs. The cost of malpractice adds to these problems. It is estimated that the annual medical liability costs are between $60 billion and $108 billion. The estimated cost of covering all the uninsured US patients every year would be only $100 billion.

caraccident

What You Need to Know About Vehicle Accidents

Vehicle accident may happen at anytime. This situation may bring some problems in both drivers when they don’t know how to do so. There are several important steps that people have to do when they are in this situation. These steps should be done to avoid any other problems that may occur in the future. Many experts believe that these steps are very useful for both drivers who are involved in a vehicle accident. This article is going to talk what you need to know about vehicle accidents.

1. Move to a safe place

This is the first step that people have to do when they are involved in a car accident. They have relocate to the sidewalk as soon as possible after the accident. If the car has minor damage, both drivers can move the vehicle to the roadside. Moving to the roadside is very important to prevent traffic jams on the street. This tip is also useful for the safety of both drivers.

2. Call the police

When people are involved in a vehicle accident, they should call the police immediately. The police is going to make an accident report that is very useful for both drivers. This police’s report can be used to claim the car damages to the insurance company. Most insurance companies usually require some documents that can be issued by the police.

3. Call 911 for emergency service

When there are some injured people in the car, people should call 911 for getting the emergency service. All injured people should be brought to the nearby hospitals to receive emergency treatment. This emergency service is going to send some ambulances for carrying all injured people to the hospitals immediately. This process should be done shortly to avoid any other major health problems in the future.

4. Exchange info with other driver

This is another important thing that people should do. Both drivers should exchange their personal information and other important information. There are some important details that should be recorded, including full name information, insurance company, model of vehicle, accident location, license plate number, phone number of any witnesses, and some other useful information.

5. Call insurance agent

When getting an accident, people should call their insurance agent immediately. This step becomes very important, especially if they want to claim the accident successfully. Don’t forget to submit all required documents to the insurance company. These documents are very essential in any insurance claim procedures.

They are some useful things that people should know when they are involved in an accident. In certain cases, people also need to hire a personal injury attorney in Lansing, MI. This lawyer can be hired when there are some injuries resulted from this accident. There are some lawyers that are available today. People can choose the best lawyer that is suitable for their needs. Call some lawyers today to ask about their service. Not all of them have experience and expertise in the personal injury case. Hiring this lawyer is very useful to submit a claim to another driver, especially people are getting injured from this accident.

wheelchair

5 Common Mistakes in Personal Injury Cases

1. Not getting medical treatment

The fact that you do not have medical healthy insurance does not imply that you should not get medical treatment. Victims tend to avoid the hospital because they think it is an inconvenience, or because they do not want to spend money. Doing so will significantly impact on the value of your case. Apart from being detrimental to your injuries, an insurance attorney may argue that you were not seriously injured, and hence deny you coverage. Even if you are a foreigner in that country, good personal lawyers can take you to doctors who treat aliens. They are also in a position to get you surgeries and pain management through medical funding companies. Note that if you have a protection policy with PIP (personal protection injury) benefit your medical expenses are covered regardless of who is responsibility for the accident. Without comprehensive medical care, you will have a difficult time proving that indeed your injuries were caused by the accident.

 

2. Selecting an inexperienced attorney

Immediately you are involved in an accident, seek appropriate legal representation from skilled and experienced attorney to ensure that you are get proper guidance through the process helping you maximize the value of your case. Do not base your judgement on advertisements or Television commercials only. Instead, do your research to be sure that the lawyer you opt for specializes in personal injury, and also to establish whether he or she has the appropriate level of experience to competently handle your case. Ask them if they have dealt with a claim like yours before. Also avoid lawyers who attempt to solicit you immediately after the accident.

3. Not calling the police

After an accident, remember to preserve the evidence surrounding the scene of the accident. You will be required to prove that the other person was at fault for the accident, and that the accident actually caused the injury. So, in a car accident, call the police to the scene to make sure that a police report is written. An officer will interview witnesses and all parties involved, write down their contact information, and write a ticket to the negligent party. If possible, take photographs of the accident scene, the damage caused, plus any other causative factor. Without such supporting evidence, and police report, you will be at pain to effectively recreate the accident scene.

4. Not explaining all symptoms to the doctor

If your attorney sends you to a qualified doctor to write a medical report about your injuries-and your chances of making a recovery-if you fail to explain to the medical expert about all your symptoms, after the report is written, the doctor will be reluctant to alter the report. You should see the doctor as a wonderful opportunity to know what an expert thinks concerning your injuries. Also notify your doctor and lawyer of the circumstances that surrounded the accident and all your injuries. Do not withhold any information that, in your point of view, might be detrimental to your case. This includes prior accident or injury. If the opposing party discovers such information, it can be exceedingly devastating to the credibility of your case.

5. Negotiating your claims without a lawyer

Avoid the temptation to settle a claim directly between you and the insurance company, in the hope that you will get a better settlement without the lawyer’s fees. Insurance adjusters usually set the reserves much lower when they notice that a victim is not represented. Since verbal settlements are in some cases enforceable, and, therefore, when you are negotiating your claims without an attorney, you may unknowingly “settle” your claim verbally, unintentionally. Engaging a skilled and experienced personal injury lawyer will help you avoid all these.

 

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Top Causes of Slip and Fall Incidents

A personal injury attorney is a professional legal representative that deals specifically with cases involving individuals being either psychologically or physically injured due to the carelessness or actions of another person or entity; if you ever find yourself in this situation, contact a personal injury lawyer immediately! An experienced personal injury attorney is the first one you should speak to in the event of an injury, they can help get you the compensation you deserve.

Automobile, slip and fall, and several other accidents can have terrible effects on the victims as well as their loved ones; the extreme medical expenses, lost wages, and additional challenges victims must face in order to get their lives back can be devastating. If you or a family member has been injured in any way, you are likely eligible and can receive compensation for medical expenses, pain and suffering, injuries, and property damage. If you are unsure who was at fault, a personal injury attorney can help.

Slip and fall incidents are one of the foremost causes of unintentional injuries in the United States, and they account for approximately 9 million visits to the emergency room each year.

Adults from the ages 60 and older are more susceptible to falls, resulting in serious injuries that can diminish their ability to lead active lives. Additionally, falls are the second leading cause of unintentional death in homes and communities.

Top Causes of Slip and Fall Accidents:

Wet or Uneven Surfaces:

The National Floor Safety Institute reported that 55 percent of all slip and fall related accidents are caused by unsafe or hazardous walking surfaces. The following are common issues that have been known to turn a walking surface into a hazard:

1. Recently waxed or mopped floors

2. Loose floorboards

3. Parking lot potholes

4. Defective sidewalks

5. Damaged, worn, or poorly constructed staircases

6. Torn carpeting

The above conditions can make walking surfaces dangerous and should be checked regularly.

Common locations for falls:

1. Ramps

2. Heavy traffic areas

3. Unstable work surfaces

4. Uneven surfaces

5. Areas prone to spills or wetness

6. Unprotected heights

7. Doorways

8. Stairs

Slip and Fall Prevention:

Most slip and fall incidents are preventable; the following list helps reduce these incidents.

Floors::

Keep a schedule on when to clean the floor and stick to it, this will reduce the likelihood of a slip and fall incident from occurring.

Warnings and Signage:

Provide proper warning signs that are well-lit and highly visible. Provide proper waste containers around the area as well. Use proper cones and tape whenever a hazard occurs.

Floor Mats:

Choose mats that have a non-slip backing, and inspect floor mats regularly for damage and wear.

Floors and Floor Treatments:

Select floors that offer sufficient slip-resistant qualities and floor treatment are best in high traffic areas.

Footwear:

Proper footwear with treaded soles and slip-resistant footwear reduces slip and fall incidences significantly.

If you’re ever personally injured, contact a personal injury immediately, they can help get you the compensation you need to get back on track. An Experienced attorney will give you the representation you need to be treated fairly in the court system as well.

carcrash

Top 5 Causes of Auto Accidents

Most of us know the most common causes of auto accidents even though the majority do not safeguard against them every day. The only way we can reduce and ultimately avoid these common mistakes or causes is heightening our awareness. Review and practice is one of the ways we can heighten our awareness. On that note, let us have a look at the top 5 causes of auto accidents.

Driver fatigue: we usually have our bodies running on empty even as we live our fast paced lives. The root of many problems including car accidents, poor health and diminished work productivity is sleep deprivation. It is common for people, mostly during long journeys, not to acknowledge how tired they are when they are on the wheel. The common belief is that you can go for a few more miles before you need to stop. To avoid such a scenario, a licensed passenger should be left to take over at the first sign of fatigue. If you are alone, stop to rest before continuing on.

Weather: another top cause of auto accidents is inclement weather. A deadly combination is frozen and / or wet road surfaces coupled with poor visibility. Approximately 11% of all car accident fatalities are reportedly attributed to bad weather. The greatest way to avoid this statistic is staying at home and avoiding driving when the weather is bad. If it is mandatory for you to drive in bad weather, you should do so with caution.

Driver inattention: heeding the motherly command to pay attention’ may be best when it comes to driving. Too often drivers are distracted by smoking, eating, conversing with passengers, making music selections, texting and talking on the cell phone. One driver was spotted eating spaghetti with a fork on a super highway! Unfortunately this is not a joke as driver inattention is the cause of about 16% of auto accident fatalities. The best advice here is to focus.

Aggressive behavior / Speeding: even though speed limits have been placed for good reason, we tend to ignore them due to our impatience. Aggressive behavior such as excessive horn use, unsafe lane changing, tailgating and so forth usually go hand in hand with speeding. Unfortunately, the result is an estimated 31% of car accident fatalities. It is therefore prudent and strongly advisable to stay out of the way of any drivers exhibiting aggressive behavior while driving, avoid driving while angry and keep to the speed limit of your location. Speeding is not only a risk to other road users, but also to you.  If you have been injured by negligence of another driver in the state of Michigan, contact a Michigan auto accident attorney to get help right away and learn what options you have.

Drugs / Alcohol: it is not a surprise that drug and alcohol influence is one of the leading causes of auto accidents, which account for about a third of all motor vehicle fatalities. You may not end up in jail, but end up not seeing another day if you decide to drive under the influence of alcohol or drugs (prescription or otherwise). The maxims Avoid Drinking and Driving’ or Don’t Drink And Drive’ still ring true and they apply equally to drugs. Although there are other causes of auto accidents, these are the leading worldwide.