5 Unfortunate Effects of Medical Malpractice

While we like to hope a trip to the hospital will always end with us walking out healed or at least in a better condition, there are countless cases every year of people who suffer the exact opposite. After all, doctors are human too, and for that reason they make mistakes. But whether or not mistakes are a human characteristic, anyone who is victimized by the mistake of a medical professional, or even worse, victimized by malicious intent, owes it to themselves and future patients to seek justice.

There are many different outcomes in this type of case, but here are some common after-effects of medical malpractice.

1. Pain and Suffering

The most obvious effect of having something go wrong in an operation or some other kind of medical treatment is the pain and suffering of the injured. Even a temporary injury can be severely painful and in many cases suffering may go on for a long period of time, if not a lifetime. Pain and suffering is awarded compensation in many of these cases as it is very real to those involved.

2. Disability or Deformity

In a severe case, a patient may end up disabled or deformed as a result of medical malpractice. This creates a situation that can put them at a disadvantage for the rest of their life, affecting their ability to work and do pretty much anything else.

It does, of course, depend on the type and extent of the disability or deformity, but the fact that their life has been altered from what it was before they went under the knife and trusted the doctor is very tragic and is an issue that should always be addressed.

3. Emotional Stress and Suffering

One of the deepest extents of any medical malpractice situation is the emotional stress caused by the situation. In the case of disability or deformity, this can be an ongoing thing, but even a temporary situation can result in shock and complete re-evaluation of what we can expect from the society around us.

The truth is this: most of us inherently trust doctors and physicians to keep our best interest in mind and to have the ability to safely help us. This trust may not always be founded, but it's a deeply rooted part of our culture, and even if we get butterflies before a major operation, our logic still tells us that we're going to come out fine on the other side.

When that isn't the case, it can really damage our psyche and give us a deep fear of medical attention of any kind. In many cases, that is just the beginning of what happens to our psyche.

4. Financial Woes

Medical malpractice can become very expensive for the patient wronged. Not only are they often subjected to very significant medical costs, which can skyrocket in this country, but they are often put out of work for long periods of time if not forever. This reason alone is a strong motivation to seek justice and at least be compensated for financial loss.

5. Death

Sadly, medical malpractice can and does lead to death in some cases. Whether from the wrong medication or something more sinister, these things do happen. In these cases, family members can often take action on behalf of the deceased and be compensated for funeral costs, loss of family income, emotional suffering, and more. If malicious intent was involved, criminal charges can be brought.

Different Types of Medical Malpractice

Palm Beach, Florida is home to beautiful sights, wonderful people and exciting nights, and sometimes it seems as if nothing can go wrong. Occasionally, however, something does happen that cannot be prepared for, and can't always be fixed easily. The loss or injury of someone you love is among the most difficult experiences a person can face. It's hard enough if a loved one has passed due to natural causes, but in the event of wrongful death, there are even more emotions to be dealt with, and more questions for which there may not be ready answers. When premature death or unnecessary injury occurs while one is under the care of a doctor or other health care professional, it may be medical malpractice. Below is a short guide to different kinds of medical malpractice, and how to better understand your options in the wake of a family tragedy.

Birth Injuries - Birth injuries can be defined as illnesses or physical trauma suffered by a child before, during or just after birth. If life-altering, like cerebral palsy, the family can seek damages that could serve to cover the costs of future treatments for the child. This is, of course, only the case when it can be proven that the child suffered as a direct result of malpractice, not when they were simply born that way.

Prescription and Medication Errors - This is when a doctor, nurse or pharmacists knowingly prescribes or administers the wrong medication, the right medication but the wrong dose, or medicine to which he or she knows their patient is allergic.

Misdiagnosis or Failure to Diagnose - A doctor, either through negligence or an inability to comply with accepted medical standards, may fail to diagnose a problem, and thus fail to properly treat the problem.

Dental Malpractice - Improper treatment plans, errors during dental surgery, misdiagnosis or insufficient follow-up care are just a few kinds of dental malpractice.

Surgical Injuries - Failure to acquire consent, operating on the wrong body part or carrying out the wrong procedure, unforeseen errors, and unnecessary surgery are some examples of surgical injuries for which you or a loved one could be compensated.

Nursing Errors - These include but are not limited to lack of patient supervision or monitoring, poor emergency call response, misdiagnosis, and other medical negligence resulting in the death or injury of a patient.

What to Do When You Become a Victim of Medical Malpractice?

Medical malpractice and health care reforms have become major issues, especially in the current volatile political climate of the Obama administration. Add to it the rising costs of healthcare and diminishing coverage for most individuals. In such demanding situations, if you become a victim of medical malpractice, it is time you stand up, be counted and know your rights. Since every state has its own interpretation of consumer medical malpractice rights, it is recommended you consult an attorney or lawyer well versed in this field.

Firstly, before you meet your attorney, compile all the facts, records and evidence. Also discuss your case with a medical professional and obtain a sworn affidavit from him/her justifying your case. Courts require this affidavit to evaluate your damages and the monetary benefits you are eligible for. However, time is of major essence here. Many civil and state courts require you to file your claim within a specified amount of time. You typically have 24 to 30 months within which you can file your malpractice claim. A lawyer with medical background is of paramount importance in such a situation.

Secondly, get a fair idea of the costs and overheads you are likely to encounter while filing your case. Make sure both your attorney and you have the right resources to cover every facet of the case. This includes physicians' opinions and testimonies, exhibits, medical records and transcripts, illustrations, models and diagrams.

Finally, you must successfully prove the following:

1. Your health care provider/physician owed its/him/her duty to you 2. Your health care provider/physician breached its/him/her duties 3. You have been rendered an injury due to negligence or breach of duty

In many cases, attorneys turn down requests to file for malpractice cases. Your attorney will do so if:

1. You are unable to find any expert to testify in your favor 2. The cost of pursuing a claim exceeds the expected returns from the verdict

Steps Taken by a Medical Malpractice Lawyer

An experienced lawyer would normally follow these steps:

1. He/she would interview the patient or the family members of the deceased and gather all data that would help confirm his/her suspicions. He/she would evaluate the nature and potential amount of losses incurred from the case. He/she would also review the medical history of the survivor or the deceased.

2. Obtain relevant medical records and evaluate them vis--vis the period of malpractice.

3. Select a medical advisory panel that would review the records and make necessary observation and recommendations. This step is mandated by the law.

4. Evaluate the recommendations and determines whether the case qualifies as a successful malpractice claim.

Based on these, the client will be advised on whether to proceed with filing a lawsuit or refrain from it.

Causes of Medication Errors

Over 770,000 people get injured and over 7,000 people die each year in the United States from medication errors. This is unfortunate because any improvements in medical technologies can almost considered to be useless if careless errors continue to plague our healthcare system. However, the statistics do not seem to worry too many healthcare practitioners, and errors continue to occur.

Medication errors can cause long-lasting problems and in the most severe cases, they can result in death. Victims of these medical mistakes frequently have to endure additional medical attention and as a result, face expensive medical bills that they are responsible for paying because of someone else's errors.

Causes of Medication Errors

Errors with medication can arise due to a number of factors. Some of the most common causes of these devastating mistakes include the following:

* Doctor failure to note potential drug interactions * Incorrect / incomplete medical evaluations * Rushed attempts to treat as many patients as possible * Administration or prescription of incorrect drug or dosage * Administrative errors * Lack of communication

Patients trust their doctors to make careful and well thought out decisions regarding their health. However, healthcare practitioners have become impersonal and injuries to patients continue to increase.

You can do a few things to reduce the chances of a medication error, such as asking the doctor the name of the drug he or she is prescribing, the dosage, and the likely effects of the drug. Also, you can ask a friend or family member to make sure that the drug given to you matches the name of the drug written on the prescription. Finally, you should also continuously remind your doctor of the allergies and reactions you have to different drugs and products.

Is Vocal Chord Paralysis After Carotid Endarterectomy the Result of Medical Malpractice?

Not likely. Difficulty speaking and hoarseness can occur during surgery to remove plaque in the carotid artery despite perfect surgical technique. This should be discussed with patients before surgery.

Studies show that up to one-third of all carotid surgery patients suffer some form of vocal cord damage. Surgical patients can suffer vocal cord paralysis or damage in any surgery during which they are intubated to artificially support breathing. Intubation itself is a risk factor.

One common cause of vocal cord paralysis following this surgery is from a dividing of a nerve that attaches to the vocal chords called the recurrent laryngeal nerve. However, dividing this nerve is sometimes necessary to gain access to the carotid artery.

Whether the division is required or not depends on the body type and anatomy of the patient. Certain body types require bifurcating the carotid quite high on the patient and it is these high bifurcations that more often require division of the recurrent laryngeal nerve.

If a patient has already undergone one carotid endarterectomy, then doctors should examine the vocal chords before surgery to determine if the vocal cord was paralyzed in the prior surgery. If the patient has not undergone a carotid endartectomy, doctors do not commit medical negligence by not examining the vocal chords before an initial carotid endarterectomy.

Luckily, the difficulty speaking and hoarseness will usually disappear within 3-6 months. Only rarely is it permanent.

Pursuing these injuries as medical malpractice cases is quite difficult. Even experts find it difficult to determine if the injury was the fault of the surgeon or the anesthesiologist. Because vocal cord paralysis is so common in these surgeries, it becomes difficult to indicate what the doctor could have done differently to prevent the injury.

In addition, the site of the damage can be difficult to determine so proving the exact error in the surgeon's technique is challenging.

Most Doctors Face Medical Malpractice Lawsuits in Their Careers

Most doctors over the age of 55 have faced medical malpractice lawsuits at some point in their careers, according to the American Medical Association (AMA).

More than 60 percent of doctors aged 55 and up have been sued for medical malpractice. According to the AMA this works out to 95 medical malpractice lawsuits for every 100 physicians, reports ABC News.

The AMA report was comprised of a survey of 5,825 physicians who were identified from the 2007-2008 Physician Practice Information (PPI) survey. The AMA asked these doctors how many times they had been sued for medical malpractice over the course of their careers and how many times they had faced such lawsuits in the past year. The survey did not request that the physicians provide the outcome of the cases.

The report indicated that certain specialists, like general surgeons and Ob/Gyns, were more than five times more likely to face a medical malpractice lawsuit than pediatricians and psychiatrists.

Obtaining lawsuit funding is important in these. Lawsuit loan providers can provide the money required to get lawsuits off the ground. Malpractice insurance companies have unlimited resources and can play the waiting game while your stuck with the bills. As bills pile up, you could be force to pressure your attorney to settle as soon as possible instead of getting what your rightfully have coming to you. Getting a lawsuit cash advance can help with you and your attorney the time you need by providing you with the funds to take care of yourself and your expenses.