There is a certain amount of risk involved in most surgical procedures. In most cases, the medical team who is performing the surgical procedure is usually experienced, skilled, and trained to do so without the occurrence of any errors. But in surgeries, errors might lead to permanent injury and in some cases, even death.
There is much more to a medical malpractice lawsuit than a person suffering from an undesirable outcome to medical treatment. A person will have to be able to prove several key elements in order to have a successful case, if they want sue and win a malpractice claim. Your healthcare provider or doctor owes you a legal duty by virtue of the relationship you share. This duty means providing you with care that is on the lines of the professional standards. To be able to prove a medical malpractice case, you need to be able to establish that a doctor or a healthcare provider did not meet the standard of care.
Many New York parents who have had to deal with sick children may know just how difficult it is to make sure that their kids not only take their medication when they are supposed to, but they also have to ensure that the appropriate dosage is taken. In fact, a report that looked at a number of studies indicated that medication errors could be the cause of approximately 7,000 deaths throughout the U.S. every year.
One man's 10-month ordeal trying to obtain an accurate diagnosis and treatment of his Lyme disease symptoms might help the 300,000 people afflicted with the illness in New York and in other parts of the United States each year. The delayed treatment was due, in part, to the inability of tests available in the U.S. to accurately identify the presence of the disease that is transmitted by up to 18 different tick species.
Laparoscopic gallbladder surgery is performed on around 750,000 patients every year. This surgery is slowly gaining some substantial precedence over other traditional, open procedures mainly because the recovery time is much less. Patients are usually discharged either on the same day or within a day or two.
Patients depend on hospital staff such as nurses and doctors and medical care practitioners to perform their duties to the best of their abilities and on par with other medical organizations to offer quality medical care. However, medical professionals make grave errors sometimes, which could impact the well-being and health of a patient substantially.
Every surgical procedure is associated with its own set of risks, more so when anesthesia is used. Nerve damage caused by a surgical miscalculation is one of the biggest risks. A surgery that is negligently performed can sometimes result in nerve damage, both temporary and permanent. This could eventually lead to a medical malpractice lawsuit. People who suffer from nerve injury can exhibit a variety of symptoms such as:
One of the most significant advances in orthopedic treatment during the 20th century according to the members of the American Academy of Orthopaedic Surgeons, was the ability to internally fix bones through the use of plates, screws, rods, etc. When an orthopedic expert employs methods such as these to correct a patient's musculoskeletal problems, the patient usually ends up finding an improvement in their condition. But this unfortunately is not the case every time around.
According to an analysis from Diederich Healthcare, the total payout amounts for medical malpractice have increased for the first time in 2013 since the year 2003. New York topped the list of the five states with the highest number of medical malpractice payouts. This medical negligence is said to be the third leading cause of deaths in the U.S.-just after heart disease and cancer, according to the Journal of the American Medical Association (JAMA).
There are many expectant mothers whose birth plans do not include the use of an epidural, but as their labor progresses, more than 50% of them eventually end up opting for it. Epidurals are known to ease the pain an expectant woman experiences during childbirth, allowing them to focus more on the birthing procedure, rather than the immense pain that they are experiencing. In most cases, epidurals are administered without a problem. But there are times that epidural errors may be made that could result in a medical malpractice case.
The idea of surgery is scary as it is, but couple that with being put under anesthesia and that increases a person's stress immensely. A patient is putting their life in the hands of the anesthesia technician, nurse, or doctor who is administering general anesthesia. There is just a slight margin for anesthesia error where an anesthesiologist is concerned. Any mistakes might lead to something as serious as death or brain damage. Many of these cases go unreported and that is why the frequency of these anesthesia errors is difficult to determine.
There is nothing more traumatic for a patient and their family, to have a make a trip to a hospital for medical reasons that you cannot understand. Almost all the time, health care practitioners, doctors, and nurses make the right decision in the treatment of a patient. In this life and death situation, this could actually mean saving a patient's life. Many life threatening situations such as heart attacks come with their own set of signs and symptoms.
There are many different parameters to establish whether complications in a surgery should result in a medical malpractice lawsuit or not. If the negligent conduct of a surgeon falls below the standard of care that is acceptable, as compared to that provided by reasonably competent surgeons practicing that area of surgery under similar circumstances, and if a patient is harmed in the process, it can be viewed as a surgical error.
According to a report from the United Nations and World Health Organization, the United States ranks 47th out of 180 countries in infant mortality. It is estimated that two to three women die each day in the U.S. from complications during their pregnancy. However, these numbers are helping to spur changes in the way that care is provided during pregnancy.
New York patients may be interested to learn that the daughter of a woman who died of cancer was awarded $16.7 million after the doctors failed to diagnose her with lung cancer. An attorney for the radiologist who was accused of missing the evidence stated that the original diagnosis based on the X-ray was appropriate and that the large settlement was not necessary.
There are millions of people all over the world who are diagnosed with cancer every year, and many more that lose their battle with the disease. The National Cancer Institute states that during their lifetime, one out of every two people will be diagnosed with some type of cancer. If cancer is detected early enough, it can be treatable through a combination of radiation, chemotherapy, and certain drugs. But it is important that it is detected and diagnosed in an early stage, so that effective treatment gives the patient a good chance of survival.
One of the most common types of medical malpractice may be avoided if special care is taken by a physician, surgeon, doctor, or a nurse. When surgical instruments such as sponges are left inside a patient's body by mistake during surgery, it is deemed as medical malpractice. It is also referred to as "textiloma" or "gossypiboma" case or a case of retained surgical devices.
What to do in the Event of a Failed Cataract Surgery
Patients approach doctors and other healthcare providers with trust and in the belief that their illnesses will be treated properly and cured. However, sometimes, this faith is misplaced and the doctor or healthcare provider is negligent leading to further heath complications or more pain and suffering.
According to statistics, approximately 93% of medical malpractice cases are resolved prior without going to trial. This statistic is high due to the presence of a qualified medical malpractice attorney on the case. If you feel that you are the victim of medical malpractice, you need to be able to hire a lawyer who specializes in this field and who can help you get the most out of your claim. But finding the right attorney online can be difficult if you don't know what to look out for. Here are some tips you can use to find medical malpractice attorneys online.
According to statistics, more than 200,000 Americans have undergone some form of gastric bypass surgery each year. This surgery is aimed at helping obese people lose weight, but it comes with its own share of risks, complications, and medical errors. These errors lead to bleeding, hernias, post-operative infections, and even death.
There are many different reasons that medical malpractice takes place. Most of them constitute negligence on the part of the physician and involve the following: