Thursday, May 27, 2010

Medical Malpractice Defined

Medical malpractice is defined as the failure of a healthcare provider to perform his or her medical duties in an adequate manner which results in damages to a patient. Medical malpractice occurs as a result of the negligence or incompetence of the healthcare provider. It can include a failure to diagnose or to treat an illness or a medical condition, as well as a failure to inform the patient about the risks associated with a medical procedure.
The rules that govern medical malpractice are extremely complex and vary from state to state. In Colorado, there are specific regulations that concern medical malpractice. Each should be carefully considered in the case of litigation. The legal field of medical malpractice is among the most difficult to master. Residents of Colorado who are involved in such cases should always seek the help of an expert Denver medical malpractice lawyer.
Some of the most common situations that can be interpreted as medical malpractice are:
The failure to provide a proper treatment for a medical condition
The failure to correctly diagnose a medical condition or the misdiagnosis of a certain condition
The failure to act in a reasonable time in order to prevent the occurrence of injury to a patient
Whenever there is a case of medical malpractice in Denver, the patient should contact a Denver medical malpractice lawyer in order to take the appropriate legal action against the responsible person or entity. Under the laws of Colorado, a Denver medical malpractice lawyer can file a claim against the defendant on behalf of the injured patient within 2 years from the time when the malpractice was discovered or should have been discovered. If a medical malpractice is not discovered immediately, the statutes of limitation assert that the patient has 3 years from the presumed date of the damage to hire a Denver medical malpractice lawyer and begin legal actions against the healthcare provider.
Medical malpractice in Denver regulations state that healthcare providers liable of being accused of medical malpractice include physicians, surgeons, physiotherapists, psychologists, nurses, and other medical staff who can directly alter the state of health of a patient. Litigation in cases of medical malpractice in Denver can also be started against medical institutions such as hospitals and clinics, under the system of vicarious liability.
Medical malpractice in Denver needs to be proven in court with the plaintiff carrying the burden proof. This means that it is up to the plaintiff to provide preponderant proof that the defendant has violated the standard of medical care and is guilty of medical malpractice. In most medical malpractice cases in Denver, experts are called to testify in order to convince the jury that the malpractice occurred as claimed by the plaintiff. Medical malpractice cases are some of the most difficult forms of tort litigation due to their inherent technical complexity. It is crucial for plaintiffs to get legal assistance from a specialized Denver medical malpractice lawyer before even considering opening such legal action.

Monday, May 17, 2010

Anesthesia Medical Malpractice

In the United States, medical malpractice is very common.  Anesthesia medical malpractice make up the majority of these malpractice cases, ranking twelfth highest of the medical specialties where doctors in these specialties have to pay compensation for their mistakes.  Anesthesia malpractice is life changing.  A doctor's negligence can cause permanent damage to the brain and even death.

Even though medical malpractice is common, proving negligence with anesthesia cases against the defendant is not easy to do.  One reason is that a patient is heavily sedated, even unconscious at times, when given anesthesia.  Another reason proving doctor's negligence is difficult is because there is little to no notes taken for a patient's medical record during surgery.

How Can Medical Malpractice Related to Anesthesia be Avoided?

Taking thorough notes on every patient should be standard by hospitals, so any chances of anesthesia malpractice can be avoided.  Unfortunately, this is not always the case, and while the patient is under anesthesia, an error occurs.  A patient's medical record should include:

A pre-anesthesia exam
Informed consent form
Operative record
Transfer notes
Doctor notes
Post-anesthesia record

Regrettably, there are cases when notes of a patient were taken but sadly, they were "altered" or "misplaced" to cover up their misconduct.  Malpractice insurers and professional medical societies have a duty to inform health care professionals not to alter any medical records.  Nonetheless, this professional and ethical advice gets forgotten when a mistake does occur that was life altering or even life threatening.

Where Does Medical Malpractice Happen?

It is often thought that medical malpractice with anesthesia takes place only in an operating room.  This is not the case, anesthesia mistakes can occur before surgery, after surgery, any procedure room and even in a dental office.  Any type of situation where anesthesia is given can result in malpractice, from childbirth to a simple dental procedure.

A patient can suffer many different types of problems due to this type of medical malpractice.  Some of the more common injuries a patient can suffer include:

Cerebral palsy
Brain damage
Nerve damage

How Can You be Prepared?

Most of these anesthesia malpractice cases are unintentional but not any less devastating to an individual.  It is important to be aware of these mistakes and be prepared for them.  Sharing your medical records with your doctor, anesthesiologist, and close family members is a good way to be prepared.  Make sure you and others are aware if you have any allergies or if you could have a harmful reaction before administering the anesthesia.

If you or someone you know, was a victim of an anesthesia medical mistake contact an experience medical attorney immediately.  They can evaluate your claim and will go over all of your legal options.

Sunday, May 9, 2010

Medical Malpractice - Shocking Medical Malpractice Records

If you or a loved one has been the victim of a medical malpractice act, you are not alone. Unfortunately, Texas is one of the states that have many medical malpractice lawsuits brought against it. 

Every year, in the entire United State there are many different cases of medical malpractice. Some of these cases are not very significant, while others have resulted in serious injuries and even death. In fact, there are more than 90,000 deaths every single year in the United States that may be attributable to medical malpractice.

Some of the more minor issues have involved botox. Doctors have been found to have been using inexpensive substitutes for botox on their patients. This is not an isolated incident either. In fact, there have been over 1,000 such cases reported recently.

So there are small cases, large cases, and everything in between. Often medical malpractice results from a doctor making a misdiagnosis.

If the doctor assumes that a patient should be treated in a certain manner, the doctor prescribes treatments for the patient which may include prescription drugs. If the diagnosis was faulty, the drugs that are prescribed may not be appropriate for the patient's condition. As such, the patient may receive medicine that can do more harm than good. It is not all that rare that patients have been given medicine that resulted in their death.

Whether you are a Texas resident of not, there are numerous mistakes made by medical professionals. You need to take the necessary steps in order to try to prevent yourself from becoming a malpractice statistic.