Articles Posted in Medical Malpractice

Gastric Bypass surgery has gained popularity in recent year. Overweight people who have tried many forms of weight loss with no success will often use this surgery as a last result to remove dangerous pounds. Weight loss procedures like gastric bypass, LAP Band, gastric banding, and sleeve gastrectomy are considered elective surgeries and despite their common occurrences, they still carry a risk for death and/or serious injury should something go wrong.

While all of these elective weight loss surgeries are fairly commonplace, gastric bypass is the most common. The procedure can be minimally evasive with only short recovery time needed. Doctors take a loop of bowel and bypass a large section of the stomach. Using a smaller pouch of stomach leaves the patient feeling fuller with smaller portions and increases weight loss.

There are several different types of gastric bypass surgery options. These include:

The Journal of the American Medical Association (JAMA) has released findings that show medical negligence as the third leading cause of American deaths. Only heart disease and cancer are ahead. During 2012, the $3 billion in payouts for medical malpractice cases averaged out to one payout every 43 minutes.

To understand medical malpractice, one must understand that all professionals in the legal field must follow a standard of care that is universal. The standard of care is thought to be whatever a competent, reasonably judicious medical professional would or would not do in similar circumstances. Should his or her behavior deviate from this standard of care it is considered negligent. When a doctor’s negligence is the cause of a patient’s injury, a medical malpractice case exists.

Medical malpractice can include a number of different circumstances. However, not all patients whose health care is compromised or worsened is a victim of medical malpractice. Negligence can be proven in cases like failure to diagnose, surgery errors and birth defects but not all cases are due to medical negligence.

By nature, the medical field is complex. For this reason, you have to get in touch with a medical doctor for treatment. Doctors have studied medicine for many years, so they know better on how to diagnose a condition and perform the right treatment accordingly.

As with other professions, mistakes can occur in the medical field as well. However, at times, these mistakes may have considerable impact on the life of the patient. The patient loses his health due to the injury caused by the medical staff. The reasons can be many including mistakes or lack of competency.

You have to take appropriate actions if you think that you have gotten an injury because of the medical negligence of your doctor. The first thing you must do is to visit a medical malpractice attorney in Sacramento, CA.

Statistics show that medical treatments do not usually go wrong. However, in rare cases, medical procedures will lead to severe injuries. The cause of injury can be medical malpractice, which may result in stress, income loss and emotional issues just to name a few. In some of these cases, the only option is to file a compensation claim.

Due to the myths associated with the filed of law, some people do not choose to file a claim.

They feel that it is very difficult to hire the right lawyer that best suits their needs. They believe that the claim filing process is complex and may cost a good deal of money. Another concern that they have is that the claim will take years to settle.

If you have filed a medical negligence claim, the amount of compensation you can obtain is dependent on a host of factors. Among the primary factors include pain and suffering you go through as a result of the injury. Aside from these, other factors, such as financial losses can also affect the amount of compensation you can recover. Given below is a description of the kinds of damages you can obtain in case of a medical malpractice claim. Read on to find out more.

General damages

The purpose of General damages, for the most part, is to compensate a victim for the severe pain he or she suffers from after sustaining an injury. The amount of general damages paid to the victim is figured out based on the same type of injuries people incurred in the past. So, judge announces his verdict by considering the past cases. Of course, every case is different and you will get more compensation if you sustained severe injuries. It is not possible to quantify general damages; therefore, the victim as well as the defendant has to agree to a certain amount. The court can also order to give a certain amount to the victim.

The popular term “medical malpractice” points to any injury or harm sustained by someone due to the negligence or mistake of a medical doctor. A medical malpractice attorney is an individual helping people with injuries caused by a doctor. The role of the lawyer is to help people file a compensation claim for the recovery of compensation. By hiring a lawyer, you put your trust in the lawyer and share everything related to the case with him. So, if the doctor’s malpractice causes any harm to you, you can then get in touch with a medical malpractice lawyer in California. Read on to find out more.

Anyone can contact a lawyer in order to claim damages in case of malpractice. Negligence includes prescribing wrong treatment or medicine, surgical errors, overuse of medicine, and so on and so forth. The injury sustained by the patient should be serious in nature or he or she won’t be able to get compensation. In fact, if you did not get serious injury, you cannot file a claim at all.

The actual amount of compensation you can recover depends on your case as well as the circumstances. As a general rule, the claim can get you compensation for physical injury, mental trauma occurred due to malpractice, income loss, loss of future earnings, and general expenses associated with the injury. Cost of care needed after the malpractice and compensation for the lifestyle changes can also be obtained.

We know that medical doctors are very careful while treating a patient. Despite much care, accidents do happen due to a number of reasons. Sometimes, an injury occurred during a treatment that is minor and recovers in a few days or months. On the other hand, some injuries last several years or stays with the patient as long as he remains alive. Medical negligence can lead to these types of injuries during a treatment.

Medical negligence may cause severe injury to a patient; therefore, big sums of compensation are given to the victim of medical negligence. But it is only possible if the victim files a case against the defendant and gets compensation. Most people do not even file a case.

The reason is that they think that their case is not severe enough to get them compensation. The truth of the matter is that whenever a doctor gives low standard treatment to a patient, who causes an injury, the patients can file a case for the recovery of compensation.

At some point in life, someone has to deal with medical negligence. Despite much advancement in the medical field, we can see medical negligence cases being dealt in the court. Why is it so? This is because mistakes cannot be prevented all the time. Mistakes that occur during a surgical treatment may affect your life.

What will you do if, unfortunately, you get hurt during a treatment? Whom would you turn to for professional advice or compensation?

If you have been hurt due to your doctor’s negligence, you should contact a medical malpractice solicitor in California.

Have you heard news that you are going to become a parent? If so, this good news calls for celebration. There is no doubt that the birth of a baby is the happiest time for newlywed couples. Whenever a baby is born, everyone is happy, including the parents as well as the relatives. But this moment does not bring happiness in all cases. At times, the delivery process does not end up as it is supposed to. In other words, the baby or the mother sustains an injury causing a good deal of pain to both child and the mother. This creates a lot of worry for the parents and other people including doctors.

Normally, medical doctors in California try their best to take care of the baby and the mother. Injuries are bound to happen and can leave a lasting impact on the life of the victim and the parents. So, if this is the case with you, you should hire a birth injury lawyer in California.

Birth injuries like cracked collar bones, facial paralysis and bruises may disappear in short order. On the other hand, traumatic head injuries take a good deal of time to go away. In the majority of cases, the shortage of oxygen can lead to a serious injury.

What do you think about medical negligence settlements? You might be wondering why medical malpractice incidents happen in today’s technologically advanced world. Nowadays, health care laws have been formulated in order to prevent malpractice in the medical field. Yes, despite all the preventive measures, such incidents still happen in hospitals and other institutes. There are a few requirements you need to fulfill prior to filing a case. Read on to find out more.

You need to know the truth. The documents you sign in a hospital before allowing doctors to give you a treatment does not prevent you from filing a case even if it is torn or damaged. Doctors, in general, have to follow a set standard of medical care while treating a patient. If they violate laws related to medical field, the law allows you to hire a medical malpractice lawyer in California and file a case against the responsible doctor. It is the duty of doctors to carry out things correctly, such as diagnosing correctly, giving right treatment, and following the set medical procedures. If the doctor violates any of these things, you have the right to file a case to recover compensation.

But you are supposed to do a few things. You should keep a record of everything that happens to you as getting records from the hospital will be hard in case something wrong happens. Put date and time when recording anything in the diary related to your medical treatments. Do not forget to write the names of the doctors who treat you along with their prescriptions. Your lawyer can build a strong case if you provide him with complete description of the incidents that lead to an injury to you.