Medical Malpractice Archives - Simon Law

What Types of Practitioners Can Be Sued For Medical Malpractice?

RadiateWP — Fri, 19 Jan 2018 20:00:20 +0000

Who Can Be Sued for Medical Malpractice? Hospitals Hospitals are responsible for providing appropriate care, including accurate and complete diagnosis, treatment, and recovery for their patients in a safe environment. However, healthcare associated infections result in up to 99,000 deaths per year, and many more patients experience other types of medical malpractice. “On any given day, about one in 25 hospital patients has at least one healthcare-associated infection.” Center for Disease Control and Prevention Doctors/ Surgeons Doctors who misdiagnose, fail to diagnose, fail to refer to a specialist, or prescribe the wrong medication or treatment can be held liable for damages incurred from such. Surgeons who perform the wrong procedure, unneeded work, shoddy work, or cause further injury by leaving a foreign object in the body, injure nearby organs, nerves, or tissue, can also be sued. Nurses and Caretakers Injuries that occur while under the care of a nurse or caretaker may be entitled to compensation. Neglect and/or failure to notify doctors or other healthcare professionals about changes to the patient’s health are also included in medical negligence. Nurses must also properly administer medication, as wrong dose, wrong medication, or incorrect injections can lead to a lawsuit. Psychologists and Psychiatrists Psychologists and Psychiatrists are responsible for reporting when a patient is a danger to themselves or others. Failure to do so opens them up to lawsuits and liability. Notification includes proper authorities, not the patient’s family members or friends. Chiropractors Chiropractors are not held to the same standards of medical doctors or surgeons, but they must provide the standard of care according to the skills, care, and knowledge they have and that are standard to other chiropractors. The chiropractic standards vary from State to State, so speak to a lawyer if you have been injured to determine in the chiropractor was negligent in regards to your injury. Dentists/ Dental Hygienists Like doctors, surgeons, and nurses, dentists and dental hygienists are responsible to properly diagnose, treat, and perform to the standard of care for their profession. Poor workmanship, wrong or unnecessary procedures, and improper administration of anesthesia can all fall under medical malpractice lawsuits. Defining ‘Standard of Care’ Within a medical malpractice lawsuit, the burden is on proving the standard of care expected for the particular health care professional was not meet. When an injury occurs because of this, the patient can take action against that provider. The accepted standard of health care providers in the same field operating under the same or similar circumstances is what creates the expected standard of care by which performance is compared. Natural consequences of an illness or result of a treatment are not considered to be medical malpractice or below the standard of care, however if a procedure or treatment is done without you giving consent on expected results, you may be able to sue. Health care professionals are expected to have a level of skill, knowledge, and techniques by which to care for patients, including diagnosis and treatment. It is also expected they consult specialists for better or different treatment options. If these don’t happen, the provider may be liable for injuries you incur under their care. Have you or someone close to you been injured as a result of a medical professional not correctly performing services? A call to the Simon Law Group, an experienced team with over 29 years of success, can help you determine if you have a case. Schedule your confidential and free consultation at 480-745-2450. Remember, Experience Matters!]]>

Types of Medical Malpractice and How to Know if You Have a Case

RadiateWP — Fri, 19 Jan 2018 17:33:33 +0000

Medical malpractice is a broader topic than many people recognize. When a health care provider doesn’t meet the standard of care required, a patient may be able to take legal action against that provider. What is “Standard of Care”? Standard of Care refers to the standard recognized by those within the same field of medicine, with the same skill, knowledge, and care of those performing care under the same or similar circumstances. In medical negligence or malpractice cases, health care providers can include:

Doctors
Nurses
Dentists
Chiropractors
Psychologists
Psychiatrists

What is Medical Malpractice? When a health care professional neglects to provide treatment, offers substandard care, or doesn’t properly perform the care and it results in injury, harm, or death, it is considered medical malpractice or medical negligence. Medical errors can be made in diagnosing a patient incorrectly, performing the wrong surgery, improperly administering medication, and more. Overall, if the “standard of care” is not met, a patient, or patient’s family may have a case for medical malpractice. If the health care professional misdiagnosed you, failed to inform you properly about your treatment, or failed to provide the correct treatment, you may sue them. Examples of Medical Malpractice If you think a medical provider failed to perform a standard of care, it is important to speak to a lawyer to determine if you have a case, and what you can expect in the process of filing a medical malpractice lawsuit. Some examples from past lawsuits include: Prior to Treatment Cases Failure to diagnose in a timely manner Failure to give the correct diagnosis Failure to diagnose tumor in the course of reading an x-ray Failure to refer patient to a specialist when required Failure to request proper medical tests Emotional distress (Patient and/or Family) due to suffering from misdiagnosis Failure to adequately inform you before a medical procedure Improper care of mother and/or child prior to delivery During/After Treatment Cases Poor skill during surgery or procedure Performing the wrong procedure Performing a procedure without informed consent Using the wrong blood in a transfusion Damages to organs or tissue during surgery outside the scope of work Prescribing and/or administering the wrong medication, including anesthesia Failure to remove an object after surgery (such as a sponge) Performing childbirth inappropriately, resulting in injury to mother and/or child Negligent care giving Sexual harassment Unnecessary dental work Negligent chiropractic manipulations causing injury Do You Have a Medical Malpractice Case? If you or someone close to you has been injured, speaking to an experienced lawyer can help you receive compensation for the emotional and physical toll the medical negligence has caused. Remember, every case is different and past case outcomes do not determine future results. Simon Law Group offers nearly 30 years of experience and provides a confidential, free consultation to determine whether or not you have a case. Call 480-745-2450 (24 hours) to get scheduled. Experience Matters! ]]>

HOW CAN I SUE MY DOCTOR FOR MALPRACTICE

RadiateWP — Mon, 23 May 2016 16:58:02 +0000

MEDICAL MALPRACTICE CAP STRUCK DOWN BY MISSOURI SUPREME COURT

RadiateWP — Thu, 30 Aug 2012 23:01:51 +0000

On July 31, 2012 the Missouri Supreme Court struck down a $350,000 cap on jury awards for noneconomic or “pain and suffering” damages in medical malpractice cases. The Missouri Supreme Court held that the law capping noneconomic damages violated a patient’s right to a jury trial. Back in 2005, Republican legislators passed a cap on the premise of tort reform, however, the court found that this cap infringes on the jury constitutionally protected purpose of determining the amount of damages sustained by an injured party, in cases of medical negligence. The underlying case was brought by Debra Watts whose son Naython was born with significant brain injuries at Cox South Hospital as a result in a delay in receiving an emergency c-section. Last year a Green County jury awarded Watts nearly $5 million which was then reduced under the medical negligence cap law. The legislation capping damages was primarily supported by retired Governor Matt Blunt as a way to control rising medical malpractice insurance rates. Not surprisingly, Blunt was very disappointed by the Supreme Court’s ruling as were Republican legislators who indicated that they would consider asking Missouri voters to amend the constitution to reinstate the caps. According to an analysis conducted by the Missouri Foundation for Health, medical negligence lawsuits since the enactment of the law have gone down from 847 to 643. Further, approximately 1% of lawsuits result in a jury verdict for a plaintiff which has remained consistent since the passing of the law. According to Jeffery Harmon, who authored the analysis for the health foundation, the cap has done little to reduce healthcare costs and has had a negligible impact on malpractice premiums and the insurance companies remain profitable. Click here to view the article referenced above. ]]>

NO EVIDENCE THAT CAPPING DAMAGE AWARDS HAS REDUCED HEALTHCARE COSTS

RadiateWP — Thu, 19 Jul 2012 12:31:54 +0000

UNTRUTHS ABOUT HEALTHCARE AND MEDICAL MALPRACTICE SUITS

RadiateWP — Tue, 27 Mar 2012 12:19:56 +0000

CHEAPER PLASTIC SURGERY MAY INCREASE MALPRACTICE LAWSUITS

RadiateWP — Thu, 12 Jan 2012 15:17:17 +0000

FEDERAL AGENCY RECOMMENDS BAN ON DRIVER CELL PHONE USAGE

RadiateWP — Thu, 29 Dec 2011 17:34:07 +0000

BIG BUSINESS LOBBYING EFFORTS

RadiateWP — Tue, 27 Dec 2011 12:08:01 +0000

HEALTH INSURANCE REIMBURSEMENT CLAIMS

RadiateWP — Mon, 19 Dec 2011 23:56:03 +0000