Articles Posted in Medical Malpractice

Personal injuries do not cause serious harm to the victim in most cases. However, in some cases, the injuries are so serious that they take the life of the victim or at least leave them paralyzed for life. This is without doubt a sad thing. Some personal injuries involve broken or fractured bones that require a medical operation. As we know, doctors are also human.

They can make mistake like us. However, at times, they make a grave mistake due to negligence or carelessness. Here comes the role of a personal injury lawyer in California.

As we mentioned earlier, doctors are not perfect. Every year, more or less 1/10 million USA citizens die or get seriously hurt due to wrong medical procedures. When a qualified doctor fails to follow the right standard procedures, he commits medical malpractice. This is a sort of negligence committed by a doctor. Clinic workers, hospitals, nursing home workers, nurses, osteopaths, and technicians may be held accountable for committing negligence.

Medical negligence or medical malpractice is a crime. This happens when a doctor or physician fails to provide the right type of treatment to a patient. Medical negligence can cause severe injuries. In some cases, it leads to the death of the patients. In most cases, the patient suffers from serious physical or psychological problems. In order to deal with medical malpractice cases, different laws have been formulated. As a victim, you can seek compensation for the loss of income or injuries you sustained. The stature of limitation, however, indicates that you can file a case during a specific time period. After the expirty of that period, you lose the right for making a claim.

Specific procedures are employed in order to ensure the injury caused to the victim was the fault of the doctor. Some medical negligence lawyers in California specialize in dealing with medical negligence lawsuits. If you want your case to be handled in the best way, you must go for the best lawyer.

Medical negligence is of various types and each type has different reasons or causes. A few examples include faulty diagnosis, unnecessary surgeries, anesthesia mistakes, or mistake made by doctors while monitoring the treatment. During delivery, the negligence of a doctor can cause severe injury to the infant.

According to a recent study, USA citizens are more scared of losing their lives because of their doctors. The majority of people who took part in the survey stated that info as to malpractice cases as well as medical mistakes would be the most important factor when it comes to choosing a medical doctor. They have come to know that medical mistakes can cause more and more deaths in the USA each year compared to car accidents, breast cancer and AIDS.

From this information, you can have an idea of how important it is to raise awareness among people about medical negligence. Read on to know more.

The fact is that more or less 280 people die every day due to medical errors during a treatment. This means around 100,000 patients lose their lives every year on account of mistakes made by medical treatments in an operation, or other treatments. Those who survive suffer disability for the rest of their lives. This happens, for the most part, due to medical negligence committed by doctors. A common disease known as iatrogenic is caused mainly by over-treatment. In other words, the doctor prescribes more medicine than required. In some cases, people are held in a hospital on purpose, and doctors prescribe medicine rather than healthy lifestyle options. This common problem is increasing day by day.

If you have been hurt by a medical doctor, then the state or federal law will protect you. Whenever doctors commit medical negligence, their patients have to suffer from an injury or other medical problem. You are authorized to file a claim against the medical doctor in order to make him pay you for the injury you sustained. For example, if a medical doctor, such as a nurse, doctor or other medical personnel causes you an injury due to medical negligence, you can hire a lawyer in California for filing a claim.

The number one benefit of filing a case would be recover compensation for our medical costs including current and future, lost wages, mental pain and other relevant losses. These expenses have to be paid after a medical negligence incident. So, you must get the defendant pay you to meet these expenses.

You should take steps to protect your rights in case of medical negligence. For this purpose, the first thing you should do is to hire a lawyer in California as soon as you can. According to statute of limitations, you have a certain time limit in order to file a case in California. Before the expiry of deadline, you have to file a claim or you won’t be able to file a case for life. However, this rule does not apply if you are a minor. So, take steps immediately if you really want the defendant to pay you compensation for causing you an injury.

Medical negligence is of many different types. Below we have shared a few common types of medical negligence prevailing in our society. If you have been a victim of malpractice, you should hire a medical negligence lawyer in California. Read on to find out more.

GP Mistakes

A GP (General practitioner) is a general doctor giving medical care to many families. It is not as easy to file a case against a GP as you may think. There is no need to mention that GPs are also human, so they can make mistakes that may include misdiagnosis, prescribing wrong medicine and so on. If you have suffered due to the mistake of your GP, you may go file a case against them.

At times, patients have to go through a surgery in order to get rid of a certain condition. There is no need to mention that surgery is a complicated procedure and involves risks to some extent. Therefore, we must choose an experienced a qualified doctor in order to have surgery.

The biggest concern a patient has when he or she has to undergo a surgery is medical malpractice. The fact is that patients, for the most part, are upset as to surgery because they think that the doctor can make a mistake causing harm to them. The good news is that this is not always the case but it does happen sometimes. However, the number of medical negligence has reduced significantly due to the increased awareness made by the media.

If you feel you are a victim of medical malpractice, the first thing you should do is to get in touch with a medical negligence attorney in California. It is much better if you could find and hire a good one as soon as possible, as hiring early can give your lawyer more time to gather evidence and build your case. Here it is important to note that a lot of medical malpractice lawsuits never reach court as they are settled through mutual negotiation outside of court.

It goes without saying that doctors should give the best medical treatment to their patients. If a doctor does not treat a patient as per medical standards, then that patient can choose to sue that doctor. Read on to know more.

Negligence

Negligence is one of the main kinds of medical malpractice. You can file a case against the doctor if he or she does not treat you properly. This means the treatment should not fall below a standard. The court will make him pay compensation to you if you prove that he was negligent.

A woman can have drug allergies at the time or delivery or after the delivery. The symptoms of drug allergies show up gradually after a woman has given birth to a child. Not everyone react to an allergen in the same way. According to doctors, some patients display minor symptoms but others display obvious symptoms. Those with clear symptoms may have to be hospitalized for immediate treatment. In some cases, the allergens affect the patient so badly that the patient loses his or her life fighting back. The best thing a patient can do in order to prevent a drug allergy is to quit using the drug as soon as symptoms show up. That drug should never be used again or the consequences could be serious, leading to the death of the patient in worse cases.

Doctors must take care of their patients as much as they can. In fact, the life of a patient is in the hands of a doctor as their treatment can save or kill any patient. It is the responsibility of a doctor to take immediate actions if a patient shows symptoms of drug allergies. The doctor should examine the patient and react immediately if they find something suspicious. Common symptoms include hives, severe headaches, vomiting and so on. The medicine causing these symptoms should be abandoned right away. This is the responsibility of both doctors and patients. Doctors should not prescribe that medicine again and patients should follow the advice of their doctor and give up using that medicine down the road.

If a doctor prescribes the same medicine again to his patients, this means he is committing medical malpractice which is a crime. If you think your doctor has committed medical malpractice in California, you have the right to file a medical malpractice claim against them. This could be done by hiring an experienced medical malpractice attorney in California.

The means of surgery has significantly changed over the past 50 years. There are many innovations and major discoveries which have produced many surgery miracles in human history. Even with these sophistications and major improvements, there are still instances where technology fails patients’ hope. What is more disappointing is the fact that these failures are more of a human error and not by the inadequacy of technology and science. There are many cases where the primary cause of patient’s death is sheer incompetency of a healthcare practitioner. In legal jargon, this is called medical malpractice.

According to the data gathered by Centers for Disease Control and Prevention (CDC), there were a total of 48 million surgeries in 2009. What is surprising about this data is not about the total number who have undergone to a surgery but the number of unnecessary surgeries which have prolonged the agony of many patient victims. There are 12,000 victims of unnecessary surgery every year according to American Medical Association.

Any type of surgery poses different danger to a patient. Aside from the pain and the risk, surgery seems to be expensive most of the time. Greed from the healthcare professionals dominates the system. Most of the times they want their patients to undergo surgeries so they can charge their skyrocketing rate. What makes surgery more expensive is the equipment used in a procedure. Some of the most common unnecessary surgical procedures still being insisted to patients nowadays are the following:

We usually entrust our lives to medical professional to look after our health and general well being. However there are many instances where they are the direct cause of harm to our daily living because of their incompetent and negligent practices. Some of the most common forms of healthcare negligence are incorrect diagnosis, misdiagnosis, surgical errors and other deviation from the standard care principle which has caused harm to a patient.

There are three main important ingredients for a medical malpractice case to be considered in a court. It is essential for your counsel to establish these ingredients to win the litigation. First of all, there should be established professional relationship between you and the healthcare provider. This means that you were really a patient in a hospital or a healthcare provider was assigned to treat you. Secondly, the healthcare provider broke the standard of care which you should be receiving. Lastly, that act of negligence has made significant negative effect to your general health status.

If you win a medical malpractice case as a plaintiff, you can expect two types of compensation from the damages you incurred. There are what we call general damages and special damages. General damages pertain to the compensation that you deserve because of the suffering that you have gone through due to such medical malpractice. This can be set through reference on the statement of medical experts who can state and testify on the result of a medical malpractice. On the other hand, special damage is the compensation for your financial loss, hospitalization cost (both past, current, and future expenses), and the days when you were and will not be capable of working.