Monday, June 27, 2011

Medical Malpractice and Prescription Malpractice

The scope of prescription malpractice can encompass more than one area of personal injury law. One type of case where a prescription malpractice lawsuit may occur is the unfortunately all-too-common incident where an incorrect medication is administered to a patient resulting in irreversible injury or wrongful death. The reasons this error happens include the fact that many medications have names that sound very similar, and that labels on mediation bottles are not large or clear enough to be easily read.

A variant of this scenario happens when the correct medication is given, however, it was dispensed in an unsafe dosage, via the wrong route in, or on the body, or in an unsafe frequency. In all of these situations, professional medical personnel such as the nurse, nurse practitioner, and/or the attending physician, physician assistant, and/or the medical facility, and the pharmacy would be the parties involved in a resulting medical malpractice lawsuit filed by a medical malpractice attorney.

On a much larger scale, a medical malpractice attorney (also called a “prescription malpractice attorney”) deals directly with the Pharmaceutical manufacturers and the Federal Drug Administration (FDA) in another type of prescription malpractice legal action.

This article will focus more on this second type. In this sort of case, a patient is harmed or killed by a drug despite the fact that the drug was approved by the FDA after their declared review of data gleaned from thousands of patients involved in hundreds of national and international clinical trials.

Unfortunately, the data that the FDA reviews for approval can be incomplete at best and purposefully manipulated with dangerous data omitted at worst. One of the most egregious examples of this is with the anti-inflammatory drug Vioxx which was permanently recalled due to it’s putting users at risk for heart attack. A whistle blower for the Pharmaceutical Giant who manufactured the drug later reveled that data about the heart attacks had been know long before the drugs approval and had been hidden from the FDA.

Many hundreds of patients are victims of errors from prescription medication mistakes and from dangerous prescription drugs. Protect yourself and your loved ones by being proactive: When a nurse brings medication, don’t just take it without asking what it is, and what it is for. Always speak to a pharmacist when picking up a new prescription. Ask about interactions with other medications, don’t take it for granted that the computer has checked for and caught all possible contraindications. Know what the possible serious side effects are for a new drug, and be aware of your body after taking your first dose. Above all else, trust your gut instincts, if you feel like something is wrong, don’t ignore it; contact your health care provider right away.

In the event of serious injury or death as a result of the negligence of a health care professional, be certain to locate an experienced medical malpractice attorney who specializes in prescription malpractice to represent you.

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

Note: This article is not intended to provide legal advice upon which you 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.

Saturday, June 18, 2011

Responding to Medical Malpractice

Every year, the number of people in the United States that die from medical malpractice increases. According to the Journal of the American Medical Association, malpractice deaths are now the third leading cause of death in the nation. Patients may not even be aware of when malpractice has occurred, as doctors tend to cover up errors and medical negligence by telling patients they have encountered "complications." In truth, inadequate treatment, misdiagnosis, and other medical errors occur all too often, leading to serious and life-threatening consequences for patients.

Sometimes, a patient might suspect a medical professional of negligence or malpractice, but find themselves at a dead end because they cannot necessarily prove the connection. Because of how complex and scientific medical care is, cases must be approached by experienced attorneys who understand the types of medical errors that can occur, and exactly how they lead to illness or injury.

An experienced medical malpractice attorney has the resources to thoroughly investigate each claim, gathering the evidence and testimonies necessary to build an airtight case.

Types of Medical Malpractice

Medical malpractice is a broad term, encompassing many different levels and types of medical error or negligence.

Some of the more common examples of malpractice include:

Prescription errors
Surgical errors
Birth injuries
Late diagnosis or failure to diagnose

It's important to remember that there is inherent risk in any medical procedure or treatment.

Just because a surgery goes wrong does not necessarily mean a physician made an error or is guilty of medical negligence. Treatments are never guaranteed, and adverse reactions can occur even when every possible precaution has been taken.

Statute of Limitations for Medical Malpractice Claims

If you suspect a medical professional of malpractice or negligence, you have a limited timeframe – called a Statute of Limitations – during which you can file a claim. Failure to file paperwork with the courts within the timeframe prescribed by the Statute will prevent you from pursuing a lawsuit, no matter how strong your case is.

The period of time you have to file a lawsuit varies from state to state. In New York, a patient is generally allowed two-and-a-half years from the date of the negligent incident, or from the last day of treatment, to file a case. However, if the medical malpractice took place at a municipal hospital or county hospital, a claim must be filed within 90 days and a lawsuit must be started within a year and 90 days.

Because of these time limits, you should consult with an experienced medical malpractice attorney as soon as you suspect you may have a case. The earlier you begin your investigation, the more time your attorney will have to identify witnesses and gather relevant evidence, building the strongest case they can to present in court.

For more information on medical malpractice in NY, or to schedule a free consultation, please visit the website of Silberstein, Awad & Miklos, PC.


Friday, June 10, 2011

Fort Lauderdale Medical Malpractice Lawyer

Medical professionals are no god. They are humans and are susceptible to making errors. However, this cant justify some of the negligent acts and misdiagnosis committed by medical professionals. Several foreign nationals come to the USA for treatments. This is because the medical sector has moved forward with great strides in treating patients with complex medical conditions.

On several occasions injuries that have occurred at the operation table heals and pose no permanent threat to the patient. However, some injuries are severe enough to leave permanent damage to the body. As a result these injuries require legal action to bring the offenders to justice.

The presence of medical malpractice lawsuits have resulted in liability insurance from this type of injuries. As a result it is evident that you will be negotiating with the Insurance Company. There are sub-categorization of liability insurance in this sector too, they are:

1) Claims made coverage insurance - this remains applicable as long as the policy is active and requires lower premiums;
2) Prior acts and tails coverage insurance - this insurance covers the gap created when the incident occurred when the claims made coverage insurance was in force. However, the lawsuit is filed when the aforesaid insurance has become ineffective.
3) Occurrence coverage - this type of insurance remains effective even after its active period has elapsed. As a result act and tail coverage isnt required for this.

Insurance companies will try every measure to reduce the compensation amount that you have claimed. This is where a medical malpractice lawyer will come in handy. There are several types of cases:

1) Misdiagnosis and delayed diagnosis
2) Medication errors
3) Surgical errors
4) Medical procedure related errors

There are several others as the list goes on and on. The medical facility where the patient or the victim was admitted is also liable to pay compensation. This is due to the corporate responsibility of the medical facility.

Medical facilities get entangled in complex lawsuits where the attending physician or surgeon was visiting professional. In order to curb this type of negative impact a medical facility should maintain high standards for visiting professionals.

A medical facility can also engage a third party organization. In order to review the data so that statistical trends relating to areas of medical malpractice can be revealed. Increased lawsuits of this type will force professionals to move to states where insurance premium is low and lawsuits are low in frequency.

Fort Lauderdale is no exception to the curse of medical malpractice. However, the residents of this place are blessed with good and experienced Fort Lauderdale medical malpractice lawyer.

Avail the comprehensive Florida Lawyer Directory to find reputed lawyers and legal services. Law firms can register with us and reach out to numerous prospective clients.

Wednesday, June 1, 2011

Legal Medical Malpractice Issues

Medical Malpractice is a serious issue. Every day people get improper treatment resulting in numerous negative outcomes. The medical society has sworn an oath to provide the best medical care to their patients. Unfortunately, we all are human and mistakes are made. This is a seriously concerning issue due to the fact that we trust our lives to individuals that may be either not properly trained, inexperienced, neglectful, overly exhausted or just plain unfit to perform medical practices.

Now it is the nature of the beast, in the medical profession, to undergo long hours without rest. This may be looked at as an error in society because no one can predict always when an injury or emergency will happen. What happens when a doctor creates a much more serious issue to an already existing problem? This term could be considered medical malpractice.

Now, in regards to those that protect us every day and help keep us healthy, many complications that result from medical treatment are not medical malpractice, they are simply complications. The human being is a biological product and like anything biological we have tendencies to reject certain treatments that we may undergo. Doctors and Medical Professionals help us daily overcome numerous illnesses and medical emergencies. These good Samaritans give their heart and soul to their work. We should hope they do so!

The problem lies when someone falls victim to an incident that could have easily been prevented with a little more attention to detail. The patient can be left with much less than he or she was willing to gamble. Its horrible to think about, but it is a truth in our society that gets dealt with on a daily basis. When someone falls victim to such acts such as medical neglect, it may be in their best interest to seek legal action.

If legal action is found necessary. It may mean compensation for the injured and neglected. Sometimes it gets no where close to filling the void that may have been left from the incident, however it does spread awareness. In order to help prevent legal matters to take place it is important to do your homework. When doing research on a physician or doctor it is extremely important to look at their credentials. Then you are not working on blind faith alone.

When taking legal action, it is important to take down every little bit of detail possible. Record every date, every happening, and every little thing you can think about relating to the incident at hand. Its important to take names, addresses, phone numbers, dates and numerous specific details about everything that took place. Understanding your options and knowing your situation inside and out is the number one key to success if legal action is necessary. It is quite an unfortunate even, when something such as medical malpractice occurs, but it does happen and one should realize the risks before hand.