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SHOULD
YOU SUE YOUR DOCTOR? Medical Malpractice
Cases A medical malpractice lawsuit can be a draining process for the victim, even with the help of a qualified medical malpractice attorney. Medical malpractice cases can be time consuming and expensive. Because of this, it is important to make sure that the medical malpractice case is strong and that there is a good chance for recovery of damages. It can be difficult to determine the validity of a medical malpractice lawsuit without the aid of a medical malpractice attorney, but generally small claims malpractice cases (where the money expected to be recovered is significantly less than the amount spent during the lawsuit) are not justifiable to the client or medical malpractice attorney. Medical Malpractice
Liability In the past, only physicians could be held liable for medical malpractice cases - the law treated physicians as independent contractors regardless of whether they were on the staff of a hospital. Now, however, the courts consider the relationship between physicians, hospitals, and HMOs as an employer/employee situation in which the hospital or HMO has some control over the physician's actions. If a hospital or HMO limits the actions of a doctor and a patient is injured as a result, the hospital or HMO can be held liable in a medical malpractice lawsuit. Elements of a Medical
Malpractice Lawsuit Duty to the Patient There are several key elements to medical malpractice cases. The first element for the medical malpractice attorney to determine is whether the physician had a "duty to the patient." In other words, did the doctor agree to treat the patient? If the doctor did agree, then a certain degree of competence and skill is expected. In addition, there are instances where the physician may have a duty to persons other than the patient. For example, a patient may suffer an epileptic seizure that leads to an auto accident. The physician may be held liable for the injuries of other parties in a medical malpractice lawsuit because he or she failed to diagnose the patient's condition. Expert Testimony The second element of a medical malpractice lawsuit requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician did not administer the proper care. Causation The third element of medical malpractice cases is known as causation; the medical malpractice attorney or victim must prove that the physician's actions caused harm to the patient. This can be determined by asking if the patient would have been harmed in the absence of the doctor's actions. For example, would a surgical patient have been harmed if the surgeon had not left a medical instrument in the patient's body? If the answer is no, then the surgeon's actions caused harm to the patient, and thus fit the requirements for causation. Physician Medical
Malpractice Records In
the past, physician medical malpractice records were not made available to
the public. Only state medical boards, hospitals, and other credentialing
organizations were allowed to view them. However, in the face of public
demand, some states are enacting legislation that allows patients to discover
whether or not their physician has been the subject of a medical malpractice
lawsuit. These records can be made available through each state's board of
medicine, insurance claims records, and the National
Practitioners Data Bank. What are Examples of
Common Medical Malpractice Cases? Medical Malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment. Victims of this negligence can contact a medical malpractice attorney, file a medical malpractice lawsuit, and seek entitled restitution. The following are common examples of areas in which medical malpractice can occur. Anesthesia - The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. It is also important to note that before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications - failure to thoroughly check for these conditions or proceeding despite them can also lead to serious injury, and are common bases for medical malpractice cases. Burn therapy - Emergency therapy on serious burns must adequately prevent excessive injury, loss of tissue, or death; otherwise, the care providers can be held liable in a medical malpractice lawsuit. Child delivery - Medical professionals assisting with pregnancy and childbirth have many issues to consider and with which to contend. These include Rh-incompatibility, large baby syndrome, and many other complications that can cause malformations, birth injury, cerebral palsy, or brain damage. If inattentive care has in any way caused such an outcome, the care providers may have committed medical malpractice. Surgical Errors - Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur. A medical malpractice attorney experienced in medical malpractice cases can help victims of surgical errors determine if they have a valid medical malpractice lawsuit. Medication Issuance - Issuing insufficient amounts of medication or improper instructions in its usage can be detrimental to the patient's health. General failure to diagnose - Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases. Experimentation - Medical personnel that employ procedures or drugs that are unapproved by reputable medical organizations are at risk for medical malpractice. General Improper Procedure - Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment. Victims of such carelessness should contact a medical malpractice attorney immediately after they suspect negligence has occurred so the responsible party can be held accountable for the medical malpractice lawsuit. If you wish to file a complaint against your health care
provider, go here for a list of state medical
agencies. Another Malpractice Attorney Directory
The
Patient's Bill of Rights The following was adopted by the US Advisory Commission on Consumer Protection and Quality in the Health Care Industry in 1998. Information Disclosure. You have the right to accurate and
easily understood information about your health plan, health care
professionals, and health care facilities. If you speak another language,
have a physical or mental disability, or just don’t understand something,
assistance will be provided so you can make informed health care decisions. Choice of Providers and Plans. You have the right to a choice of
health care providers that is sufficient to provide you with access to
appropriate high-quality health care. Access to Emergency Services. If you have severe pain, an injury, or
sudden illness that convinces you that your health is in serious jeopardy,
you have the right to receive screening and stabilization emergency services
whenever and wherever needed, without prior authorization or financial
penalty. Participation in Treatment Decisions. You have the right to know your
treatment options and to participate in decisions about your care. Parents,
guardians, family members, or other individuals that you designate can represent
you if you cannot make your own decisions. Respect and Nondiscrimination. You have a right to considerate,
respectful and nondiscriminatory care from your doctors, health plan
representatives, and other health care providers. Confidentiality of Health Information. You have the right to talk in
confidence with health care providers and to have your health care
information protected. You also have the right to review and copy your own
medical record and request that your physician change your record if it is
not accurate, relevant, or complete. Complaints
and Appeals. You have
the right to a fair, fast, and objective review of any complaint you have
against your health plan, doctors, hospitals or other health care personnel.
This includes complaints about waiting times, operating hours, the conduct of
health care personnel, and the adequacy of health care facilities. |
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