Requirements For A Medical Malpractice Case

Posted by on Sep 5, 2012 in Medical Malpractice, Personal Injury Law | 0 comments

According to the website of the Law Offices of Crowe & Mulvey, LLP, specific rules for medical malpractice cases can vary from case to case and from state to state. Things such as the statute of limitations may be different from one state to another, but the general qualifications for whether or not a case is considered possible medical malpractice are fairly similar across the board. Medical malpractice is a very specific accusation to make against a doctor or hospital, so having an understanding of what it is can help you determine whether you’ve been a victim of negligence at the hands of a medical professional. The following is a brief overview of the necessary circumstances for filing a medical malpractice case:

  • There was an established doctor-patient relationship What this means is that you must have hired the physician in question and he or she must have agreed to being hired. This means that a legitimate doctor-patient relationship existed, and it was not merely casual advice given at a social gathering by someone who happens to be a doctor.
  • The doctor acted negligently A doctor that deviates from the standard of care, which essentially means behaving in a reasonable and attentive manner that any other doctor would behave in, may be liable for any harm that comes to a patient as a result. Usually a medical expert is brought in on medical malpractice cases to paint a picture of what is generally expected of a physician when dealing with the circumstances of that particular case.
  • The patient was harmed Although a doctor may have acted negligently, it does not always lead to negative consequences. In order for a medical malpractice case to be legitimate, the patient must have suffered some kind of physical, financial, or psychological harm.
  • The patient was harmed because of the negligence A patient must establish that it was due to the doctor’s negligence, and not just their condition, that harm was caused. If it was more likely than not that the doctor’s negligence is the cause for the harm, then the doctor may be held liable.

Determining whether you are the victim of medical malpractice can be difficult. If you were harmed while under the care of a doctor, consult with a medical malpractice lawyer today.

Read More

Wrong Site Surgery

Posted by on Aug 10, 2012 in Law, Medical Malpractice, Personal Injury Law | 0 comments

Surgical errors are a shockingly common mistake in hospital and clinics throughout the United States, and despite recent changes in protocol and surgical processes in an attempt to reduce the incidence of accidental injuries such as wrong patient and wrong site surgery, patients continue to fall victim to medical negligence on the part of hospital staff and doctors which result in serious injuries or complications which can put their lives at risk as well as risking permanent damage and disability.

Among one of the more dangerous types of surgical error is the possibility of a wrong site surgery, in which the surgeon operates on the incorrect part of the body, typically on the mirrored side of where the surgery was intended to take place. This causes obvious problems when healthy tissue is operated on or removed while injuries or illnesses remain untreated due to the surgery taking place on the wrong place in the body. The costs associated with such a serious mistake can be astronomical, both financially and personally for the victim.

Common Causes

There are a variety of safety protocols in place to prevent mistakes such as wrong site surgeries from taking place, and such an accident is typically the result of a negligent disregard for some part of this process. The following re a few examples of mistakes which can lead to a wrong site surgery:

  • Illegible writing which obscures the instructions for the surgery
  • Confusing patients with one another and performing the correct surgery on the wrong patient
  • Working too quickly and failing to clarify surgical details with other staff
  • Failure to verbally verify the site of the surgery with the patient prior to operating
  • Failing to clearly mark the area of the body to be operated on, or marking it incorrectly.

When a doctor or nurse fails in their obligation to ensure the patients safety through proper safety protocol, their negligence can be shown to be the direct cause of serious injuries. Should you suffer an injury in such a way, it may be in your best interest to seek the assistance of an experienced team of medical malpractice lawyers in order to obtain compensation for your losses.

Read More