Surgery Errors and Medical Malpractice

July 31st, 2009

Proper medical care can often mean the difference between life and death. Every day, people turn to medical professionals to help cure sickness, rehabilitate injuries, and perform corrective surgeries. In most cases, medical procedures help alleviate the pain and suffering of the sick and injured, and usually guide them to a complete recovery. In some cases, however, surgery or other procedures may not be performed correctly and the individual may suffer further injury or disability as a result.

People depend on their doctors and surgeons to be experienced, professional, and careful with any medical procedures they undergo. Most individuals enter the hospital with a certain expectation of security and competence from their health care providers. When it comes to surgeries, there is usually a measure of concern, but the majority of procedures go according to plan. If a mistake is made during surgery however, the patient may experience severe pain, suffering, and permanent disability as a result.

If an individual suffers permanent disability as a result of a medical mistake, he or she may be eligible to sue for medical malpractice. Common types of medical malpractice include surgical mistakes, wrong-site surgery, anesthesia failure, birth injuries, misdiagnosis, and prescription errors. Although some errors may have little or no effect on the person’s overall recovery and future health, it is important for surgeons to be aware of the dangers of mistakes made on the operating table.

Medical professionals should make sure to clearly communicate with the patient to find out exactly what symptoms he or she is suffering. Making the correct diagnosis of an illness or injury is key to proper treatment and efforts should be made to make the right diagnosis. If surgery is required to correct the issue, doctors should seek thorough consultation and should settle on a plan that is beneficial to the patient.

Before operating, the procedure should be carefully explained to the patient and any questions he or she may have should be answered in the best possible manner. Surgeons should explain the risks involved with each procedure and should make sure they are comfortable with the plan themselves. During surgery, all medical staff involved should be aware of the rules and safety regulations to protect the patient at all times.

If a person suffers serious injury due to an error during surgery, he or she may be eligible to sue for medical bills, pain, suffering, and other damages. If you would like to know more about surgery errors and medical malpractice, visit the website of the Madison personal injury attorneys of Habush Habush & Rottier, S.C.

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States slash health care programs in budget crisis

July 30th, 2009

Aurice Barlow knows what happens when someone can’t afford dental care. “I see people walking the streets with toothaches, teeth hanging out of their mouths,” said the former nurse’s aide.

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Simple Steps to Safety and Security | ArticlesBase.com

July 29th, 2009

Every twelve minutes there is a robbery. Every 36 seconds there is an aggravated assault. That’s not 36 minutes. That’s 36 seconds. I know we all like to think that we live in bubble, but our safety and security is not something that can be taken for granted.  Your bubble will burst when you least expect it and something as simple as mace or pepper spray can keep you from being another victim.

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Documents Required in Medical Malpractice Cases

July 28th, 2009

It can be a devastating experience to become a victim of medical malpractice. For most people who look up to medical practitioners as their savior, suffering personal injury in whatever form after undergoing treatment at a health facility can be really hard to accept. This is not only true for the victims but even for their families.

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Waiters Left Out Of Latest Minimum Wage Rise

July 27th, 2009

U.S. service sector employees who receive tips have been excluded from the latest hike in the federal minimum wage that kicked in on Friday, leaving the public to cover the cost of their healthcare, according to economists and advocates.

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Self Defense and the Law | ArticlesBase.com

July 26th, 2009

There are many factors to be considered when the use of self defense is used.  Many states differ with their opinion on what they consider valid self defense. These things include the extent, who it is used on, who is using it, and the reason why.

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Common Medical Errors Involving a Placental Abruption

July 25th, 2009

An examination of cases involving a birth injury reveals some common medical mistakes that can result in a placental abruption.  When a placental abruption takes place the placenta separates from the uterus cutting off the baby’s supply of oxygen.  This can lead to severe permanent damage to the baby.  It can also lead to the death of the baby.  Understanding the decisions taken by physicians and nurses that have lead to a placental abruption harming the baby might help physicians and nurses take steps to eliminate change the way they handle these cases in the future.  In addition it can help families whose child has suffered a placental abruption injury understand what went wrong and how a physician or nurse who made a mistake can be held accountable.

Consider the following three cases:

Case 1

A 38 year-old pregnant woman presented to a hospital with massive hemorrhaging.  She reported to the doctor that she had seen her obstetrician the day before with back and abdominal pain as well as persistent bleeding.  The attending physician checked the baby’s heart rate with a fetal heart rate monitor and concluded that the results were reassuring.  The attending did not order an ultrasound and failed to do a full workup for the pain and bleeding.  Instead, the attending ignored her continuing complaints of abdominal pain and vaginal bleeding, concluded that she was not in labor and sent her home.  The bleeding and pain were caused by a placental abruption which is known to cause profuse persistent bleeding and which can be painful.  The baby was later born still.  The law firm that handled this case reported a trial verdict of $1,651,166.

Case 2

A pregnant woman was admitted to the hospital for labor and delivery of her baby.  At multiple points during the labor the labor and delivery nurse monitoring her condition failed to realize that there was a problem with the pregnancy and act to save the baby.

First, on initial examination it was noted that she had high blood pressure.  Yet despite this being a symptom of a possible serious complication the labor and delivery nurse took no addition blood pressure readings.  Second, unusual contraction patterns were ignored by the nurse.  Finally, in the face of a placental abruption, the nurse failed to take any resuscitative measures including through the administration of oxygen or the increase of the IV fluid rate.  By the time the baby was delivered it was born still.  .  The law firm that handled this case reported a settlement of $300,000.

Case 3

A pregnant woman was admitted to the hospital with contractions at approximately 8:25 the evening before the day of her scheduled C-section.  The woman had a history of a prior placental abruption.  The obstetrician, however, who was not notified of her history, decided to go home and have dinner.  Approximately 20 minutes after her admission, the readings from the fetal heart rate monitor showed signs of fetal distress.  No action was taken by the nurses to notify the obstetrician.  After another 15 minutes the baby’s heart rate dropped below 90 beats per minute, a critical warning sign.  The nurses finally called the obstetrician.  It took 24 minutes for the obstetrician to arrive and perform an emergency C-section.  The baby was unable to breath on its own and required resuscitation having suffered at least 20 minutes of oxygen deprivation after the placenta had ruptured.  The law firm that handled the case reported a trial verdict of $4.25 Million..

As these three cases illustrate, there are several common types of errors that can lead to a failure to detect or to act upon a placental abruption.  The first type of error concerns the lack of a full work up to diagnose the cause of an abnormal condition in the pregnancy.  Case I above illustrates this type of error.  The woman is that case was showing classic signs of a placental abruption and yet the physician ignored them and instead relied entirely on an interpretation of the readings from the fetal heart rate monitor.

The second type of error arises when a nurse is left to monitor the labor without the supervision of a physician.  Whether by lack of knowledge, lack of training, or distraction, a nurse may fail to properly interpret the signs of a placental abruption or may fail to appreciate the urgency of the situation.  In such a case the nurse will not immediately notify a physician thereby allowing precious time to pass while the baby is in distress.  Cases 2 and 3 above illustrate this type of error.

The third type of error is a communication error.  This type of error occurs when a nurse or other staff member does not adequately convey the emergency nature of the situation to a doctor.  This can happen when a nurse or other staff member defers to the doctor’s decisions even in the presence of clear signs that the situation requires immediate action.  In such situations it is the responsibility of the nurse or staff member to challenge the doctor or seek out another doctor.  This type of error may have been at the root of Case 3 above.  The nurses may have been reluctant to disturb the doctor’s dinner until the situation became critical.

When any of these types of errors result in the injury or death of a baby the family may be able to successfully bring a medical malpractice claim on behalf of the doctors and/or nurses involved.  Due to the nature of the harm these are complicated cases and the resulting settlements or damage awards can be substantial.

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MASSACHUSETTS: Lessons for health care debate

July 24th, 2009

The state that pioneered health care for all is about to take another leap into the unknown: paying for it.

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Finding a Medical Malpractice Law Firm | ArticlesBase.com

July 23rd, 2009

Doctors are trained to provide you the best treatments for a variety of ailments.  If your condition does not fall into their field of expertise, they should refer you to the right specialist.  Now if the doctor causes harm or irreparable damage, instead of curing your condition, he or she is liable for charges. As the patient, you have the right to sue your doctor for medical malpractice.  But first, you should find a dependable medical malpractice law firm.

Contingent Fees

A lawyer who works with contingent fees is ideal.  If he or she fails to win the case, you don’t get charged at all for the service.  Having been charged a hefty sum for the bungled up treatment, paying for legal fees becomes a problem for many people. A lawyer who charges contingent fees is the best deal you could get for medical malpractice cases.  You can pay for his or her services using the damages you collect, if you win the case.

Contact a Bar Association

A bar association is a group of lawyers often practicing various aspects of the law.  Most communities have one, which you can find on the newspaper, the directory, or the Internet.  Seeing you as a potential client for future cases, these people will refer you to their recommended lawyers in the field of medical malpractice.  Just do some Internet research on the lawyers they recommend and pick the one that wins the most cases.

Refer to Previous Cases

Most, if not all, court cases are documented, so you can view the track record of a particular law firm.  Once you get the names of prospective lawyers, you can do some sleuthing on line or ask lawyers and law students about the credibility of each.  Check how the lawyers handled the case, based on the documentation, and from there, you could select a representative who has a good shot of winning your case.

Listen Carefully to Legal Advice

When you have selected a lawyer, listen carefully to his advice.  He or she will explain the merits and the weak points of your case.  Analyze the course of action planed by the lawyer.  If possible, get a second opinion from your contacts.  You would then see how good your lawyer truly is, regardless of his or her credentials.  If the lawyer fails to provide sound advice, better replace your legal representative, before the trial begins.  Remember, doctors are protected by some of the finest lawyers in the land. 

Use Your Resources and Wit

Getting a good lawyer is a must when suing for medical malpractice; otherwise you’ll end up throwing loads of cash while suffering the effects of flawed medical treatment.  Use your resources and your wits to the hilt, to ensure a won court case.

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The Unstable Medical Malpractice Insurance Rates

July 22nd, 2009

One would be hard pressed to impart actual figures relating to the medical malpractice insurance rates since there is a host of variables which apparently influence the cost of such insurance. It is adequate to say that the outlay has exceeded any expectations from the medical profession. Unfortunately, there appears to be no leveling out of these rates at this time.

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