Wednesday, April 27, 2011

Medical Malpractice & Dangerous Medical Products

Lately it seems that prescription medications that were previously hyped up to be the latest and greatest "miracle" treatment are being recalled left and right. It is always after people have already taken the medications and have been significantly (negatively) affected by them! Is it too much to ask to NOT have major side effects from treating a common condition? This has been happening more in recent years and is the sole reason there is such a demand for a Denver medical malpractice lawyer. The need for this type of attorney representation is skyrocketing due to the large amount of innocent people affected by the malpractice of pharmaceutical giants.

It takes a confident and skilled Denver malpractice lawyer to successfully stand up to pharmaceutical companies. Unfortunately, pharmaceutical companies only seem to have the desire to protect their profits (never people) and that is why they staff their own malpractice attorneys who are exceptional at finding loopholes in the law to avoid taking responsibility for the mass number of careless medication recalls that affect so many innocent people.

You need Denver medical malpractice attorneys who can counter their attempts at finding loopholes and get you the compensation you deserve for being subjected to the dangerous drug that you were previously assured was safe. Don't let yourself get taken advantage of by a pharmaceutical company. Seek the representation that will help you through this difficult time.

Find a firm of Denver medical malpractice lawyers who will fight for your rights and be by your side every step of the way as you battle it out head to head with a large pharmaceutical company. It is best to seek out a firm that is highly experienced with medical malpractice cases in particular and not just personal injury law in general. This type of case calls for special skills and perseverance on the part of your Denver medical malpractice lawyer. Someone with a decade or more of experience is your best bet in winning your case.

When you are the victim of a recalled medication or medical device and need quality representation by a Denver medical malpractice lawyer, interview a few candidates at look at their track record. Look for Denver medical malpractice attorneys that understand how sneaky pharmaceutical companies are and can guide you through the case. Those who are confident in their ability to represent your medical malpractice case will gladly work based on contingency because they already have the needed skills to win on your behalf. These are the best Denver medical malpractice lawyers to consider during your search.

Monday, April 18, 2011

Understanding Medical Malpractice Cases

Physicians and surgeons are vital to the functioning of a country's people and health care system. They are the link that holds public health together.

However, due to the increase of surgeries and illnesses, there are a greater number of patients who claim that they have been treated with negligence. Anyone that is a practicing physician is required to have some form of professional liability insurance to guard against these claims.

These offset most of the risks and costs of lawsuits that are filed against professionals. Medical malpractice is a very interesting type of case.

It is always the mission of an honorable medical professional to take care of their patients and help them to become healthy once again. However, there are often accidents or situations that elicit a case.

Wrongfully diagnosing a patient can lead to medical malpractice lawsuits. For instance, if a doctor diagnoses a patient as having an illness that is less serious than one that they really have and they do not receive adequate treatment for a cure, it could mean trouble for the physician.

The opposite is also true; if a patient is treated for a disease that they do not have, and they receive damaging surgeries and medication, the doctor is liable. These cases are unfortunate and happen more often than they should.

They are especially traumatic if the individual experiences damage, disability, financial loss, unemployment, or death. Many common complaints have a likelihood of turning into malpractice cases.

Some of these include chest pain, abdominal pain, breast lumps, coughing, and bleeding. All of the symptoms are basic ones that lead to more serious illnesses, like breast cancer, appendicitis, or a heart attack.

When a doctor is involved in this type of situation, it is necessary that they find help from an attorney immediately. They will be able to direct them in the process and help them to make use of their liability insurance.

It is best to find a lawyer that specializes in medical malpractice, because they will be most adequate in deciding what must be done to win the case and clear the individual's name. Those that find themselves in need of a personal injury lawyer should research online or ask friends and family for recommendations.

Individuals that have received new symptoms after a treatment are usually not able to file a lawsuit such as this, because it could be related to a number of different things. Usually, the underlying medical condition must be the cause of the specific symptom that has been noticed and recorded.

Chronic symptoms of a sickness can also be grounds for a case, especially if they are damaging or disabling. The negligence of a professional could have caused them.

Post-surgical pain would be considered a chronic pain. If it was newly developed after receiving surgery and the patient had never experienced it before, they may be able to receive compensation.

This is especially true if there is proof that the procedure caused the pain and if the problems that they are currently experiencing are worse than what they were being treated for before. If the symptom prevents you from being able to hold an occupation and earn an income, there is a possible that you will be able to receive a monetary allowance or retribution.

Chronic pain, back pain, and overpowering fatigue are all issues that can be brought on after a surgery; if these issues do not heal or stop within a certain amount of time, then you may find it difficult to go on with your regular routine. This may warrant a malpractice case, so get in touch with a lawyer and ask about the type of compensation you could possible receive.

Situations like these are never easy or come without consequences. Even if you file a lawsuit and receive payments back, you will still have to pay the professional that assisted you and take care of fees that you may have incurred.

Medical malpractice is one type of suit that should not be taken lightly; if you are not experiencing any damaging issues or pain, but simply feel that the doctor that treated you could have made a mistake, see that person individually or get a second opinion from another professional. You can learn more about these types of situations by researching online or consulting with an attorney that specializes in them.

Tuesday, April 12, 2011

Prescription Malpractice and Medication Errors

In the coming year, it is estimated that at least half a million patients in the United States alone will be harmed in some way by a medical prescription error committed by their pharmacist, physician, or hospital and nursing home staff.

While these errors are often referred to as “prescription malpractice”, they fall under the laws of medical malpractice, with lawsuits being brought against the perpetrators by personal injury attorneys who specialize in handling prescription malpractice cases. These personal injury attorneys are referred to many different ways including “medical malpractice attorneys” or even “prescription malpractice attorneys”.

Just some of the injuries resulting from prescription malpractice can include: severe allergic reactions, a worsening course of illness, organ impairment or failure, emotional and mental impairment, and sudden death.

Sadly, many of these tragic outcomes are avoidable when strict written polices and protocols are in place, and staff consistently adheres to those standards.

Healthcare professionals can prevent medication errors and prescription malpractice by following what is known as the “Five Rights” each and every time medication is administered to a patient. With the five rights, the healthcare professional must check to see if the following five things are right. Is it…

The right medication?

Many medications have very similar sounding and similarly spelled names.

In addition, the print on very small vials of medication may be difficult to read.

The right patient?

The patient should be asked to identify their name and date of birth. The patient’s wristband should be checked as well.

The right dose?

An incorrect dosage of certain drugs which is increased by even the smallest amount can be deadly.

The right time?

Some medications must be given at exact intervals to be successful in treating an illness. Medications given off schedule could affect the results of diagnostic tests, leading to misdiagnosis and mistreatment.

The right route?

The staff member must be sure to give the medication in the proper manner so that it is delivered into the body in the most efficacious way for that particular patient, and their individual health history and illness.

Ideally, all five of these rights should be checked twice by the first staff member, and a third time by another qualified staff member in addition to the person actually administering the medication.

If you have suffered as a victim of a prescription medication error caused by a healthcare provider’s negligence or recklessness, you have the legal right to contact a medical malpractice attorney in order to file a prescription malpractice claim. Parties who could be held liable include not only nurses and physicians, but also facilities and drug companies.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Monday, April 4, 2011

Malpractice in Lawyers

Lawyers practice a fine art. They are tasked with maintaining stability, delivering justice, and correcting the wrongs of the society. These men and women either protect or prosecute an individual. This could be as small as divorce to big landmark cases like the prosecution of a certain Judge for drug trafficking. But what happens when lawyers commit a mistake?

Legal malpractice in lawyers is uncommon. It could be basically described as a lawyer that is not competent enough to represent a person or organization in court thus resulting in the loss of the case.

This type of malpractice could either be intentional or accidental. An example of an intentional malpractice is the violation of the client and lawyer confidentiality agreement. Since sensitive information is passed between both parties, this arrangement is highly observed. Violation of this pact could result in the lawyer losing his license or imprisonment.

Legal malpractice can only be explained when the acting lawyer did not fully prepare for the case, did not act diligently and acted without competence thus resulting to the loss of something tangible.

Usually this amounts to cash and property.

Since not everybody can afford a lawyer, if a lawsuit is filled against a certain individual, that person can opt for a court appointed lawyer for defense. The appointed lawyer for the defendant could be well versed in the language of the court room or a fresh graduate from the local college of law. If legal malpractice is observed by the defendant, he or she may file a lawsuit against his/her lawyer. This should be made within the allotted time frame or "statute of limitations" established by state law.

It is very difficult to prove legal malpractice. Because as long as the lawyer did his best and prepared the case as best as he could, even if he miscalculated and lost the case, it simply means he made a mistake. It is not grounds accusing the lawyer of legal malpractice.