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.

Do Not Allow Medical Malpractice To Happen To You

Medical malpractice is a serious charge and should not be taken lightly by either patient or medical practitioner. A misdiagnosis can cause a person irreparable harm or even death. A faulty doctor could cause a person to suffer needlessly.

What exactly is medical malpractice? Malpractice is when a professional performs their trade and does so in a way that causes harm. Doctors, dentists, lawyers and even accountants can be sued for malpractice. However, medical malpractice is the leading form of malpractice cases in the courts today.

If you are subject to a form of malpractice you are entitled to be compensated. Unnecessary suffering, life long illnesses and other results of poor medical treatment should not cause further financial hardships on the individual that was hurt.

Do not panic if you signed a waiver form prior to a medical procedure or office visit. These waiver forms, stating that the hospital or doctor is not responsible, do not hold up in court. They are there to intimidate the patient into believing that they have no rights. This, however, is inaccurate. As a patient you had the belief that the treatment you would receive would be accurate and free from harm.

Medical malpractice can be as simple as a misdiagnosis of a disease or injury to something as severe as death from treatment. The only true requirements to prove the case is to show that the medial personnel was wrong in their treatment or diagnosis to a fault.

Before you receive any type of treatment that may include surgery or will have life-changing effects, you should seek a second opinion. This is the best way to avoid malpractice. While many doctors feel that their treatment plans are the best, a verification of that information is necessary for your general well being.

A lawyer should be immediately consulted if you feel you have suffered from medical malpractice. There is no reason why you should be burdened with debt, pain and suffering and all the other hardships that this misdiagnosis has caused. An attorney can help you receive the help you need from the person (people) that are responsible.

Strokes Caused by Surgery

When undergoing a major procedure, there is a chance of a serious complication developing. Particularly, a person going into surgery may find their health in jeopardy if a physician is not careful regarding blood loss and pressure around the brain. In these cases, a stroke may actually be triggered by poor medical practices, putting patients at significant risk for permanent brain damage in the process of fixing another problem.

The type of surgery in which the risk for a stroke increases includes a number of different procedures that affect blood flow to the brain. By working on these regions, a person risks a sloppy procedure or improper treatment program, leading to increased pressure on the vessels that deliver blood to the brain. If these vessels tear because of this increased pressure, the ensuing stroke may have serious consequences on that person's health for the remainder of his or her life.

In order to reduce these risks, physicians have a number of different options. Perhaps what should be considered a primary part of reducing a stroke in these instances is the time of the surgery in terms of recognizing the health issue. If a condition is left to persist without surgical intervention, the delayed procedure could increase the complications during or following the surgery, potentially generating a stroke.

A list of considerations needs to be attended to when entering into these types of surgery. If a patient is too old for a particular surgery, the hospital should consult with that patient to determine whether or not the risk is warranted. Additionally, issues with blood pressure and the general health of that person's blood vessels need to be considered before a surgery.

To learn more about surgeries that contribute to stroke conditions and what a patient can do if they suffer because of a doctor's negligence, contact a medical malpractice lawyer.

Hepatitis Caused by Negligence

When a patient in a hospital or on a regular drug regimen develops a serious health complication, poor treatment standards and a lack of personalized care can often be cited as a major reason for unexpected deterioration or the onset of seemingly unrelated conditions. These moments of negligence can create a wide range of different scenarios that may prove threatening to the patient's life. For example, irresponsible medication plans or mismanaged treatment may lead to damage in the patient's liver, causing hepatitis to develop.

An unexpected development for many of those seeking medical help, suffering from a form of hepatitis can cause a great amount of suffering and require additional care to work through the major symptoms. Hepatitis can generally produce problems in terms of gastrointestinal health, leading to a person losing the desire to eat, suffering discomfort around the stomach, and even developing jaundice. In the worst cases, hepatitis may contribute to liver damage to the point of liver failure, requiring a transplant.

In terms of negligence, hepatitis may be a possible side-effect that is more common than many may consider. Some medications that trigger hepatitis may include certain antidepressants and pain relievers, which may even include the commonly-used ibuprofen. Additionally, certain types of anesthesia, specifically halothane, may possibly cause liver deterioration to the point of hepatitis.

Hepatitis can also appear because of a lack of cleanliness or proper equipment use. If a needle or cup is not properly cleaned or is reused, the result can be the introduction of hepatitis to other patients in the area. Considering that hepatitis may develop into a chronic condition, this mode of transmission can be especially devastating.

If you have additional questions concerning a patient's rights if they should develop hepatitis because of a healthcare professional, contact a medical malpractice attorney.

Wrongful Death in the Medical Field

We have all heard the horror stories of medical practice. People getting dangerous infections in hospitals, losing the wrong limb in surgery, and neglecting to give to the proper health care to the elderly. When medical malpractice results in death, it is considered a "wrongful death" in the legal field. In the event that this recklessness occurs, the party at fault may be held financially responsible. Typically, compensation is awarded to those most affected by this wrongful death, the families and other loved ones.

Wrongful death in the medical field is a broad topic. It may be assumed that only those going through surgeries or other serious medical procedures are at risk for this kind of death. Unfortunately, wrongful deaths occur due to mistakes in a variety of medical fields. It can occur in hospitals during surgeries or even in minor injuries that are treated in the emergency room. Errors in the pharmacy can result in a patient taking medications they have an allergy to, or are deadly in combination with another medicine. Negligence in nursing homes is on the rise and can result in the death of one of their residents. Even something as routine as going to the chiropractor can cause injuries that eventually may lead to a patient losing his or her life.

There are many different kinds of wrongful death cases. Everything from car accidents to exposure to toxic substances are handled by personal injury attorneys. In every case of an individual losing their life, years of pain and suffering will be experienced by families and loved ones. Although nothing can make up for the loss of a loved one, compensation may provide some relief for a person's pain and suffering.

The Different Types Of HIPAA Compliance Forms

In order for companies to be in compliance with the Health Insurance Portability and Accountability Act, or HIPAA, they must have the proper documentation. HIPAA compliance forms are pieces of documentation that help medical facilities and other businesses comply with the provisions of HIPAA regulations. This federal law, established by Congress, helps protect patient information of those individuals receiving medical care. The Health Insurance Portability and Accountability Act is a very serious matter. If a company is not in compliance with HIPAA regulations there are severe and specific penalties. All medical environments in patient or out patient care must follow HIPAA regulations. In order to have a satisfactory policy compliance there has to be a streamlined effort from all fields and levels of medical information. Below we will discuss some important HIPAA compliance forms.

3 HIPAA Compliance Forms You Should Know About

1. A notice of privacy practices is a common privacy form that you could be familiar with. This document informs patients of the provisions of HIPAA. This document will most likely be given to you by a health care specialist. You could possibly be given this document when you visit a medical facility. The document is generally meant for patients to better understand the regulations that protect them and how they are implemented.

2. Another HIPAA document you could be familiar with is the form to release your medical information to others. This document can be signed by a patient if they wish to release their information to other individuals such as a new medical office. If you have been referred to a specialist by your family doctor you will need to sign a release form so your medical information can be sent over to the specialist.

3. Patient request forms are another type of HIPAA related medical form. This can include a Patient Health Information (PHI) form. Also included in this category could be a patients request for accounting of disclosures. This form would entail a list of any offices that have received their medical information from a certain medical office.

Among other HIPAA compliance forms, another informal document called a HIPAA checklist is also available. This document provides a checklist of all the compliance information a medical facility should be following. This document can serve as a checklist for medical managers to follow to prioritize compliance. Many medical offices create these checklists on their own, as they are not required by HIPAA. Even though they are not required they are a great way to keep your office in check.

With HIPAA you can rest assured that your medical information will be safe and secure. The Health Insurance Portability and Accountability Act has changed the way medical information is transmitted and secured. When you travel to your doctor you will be able to understand the privacy documents you could be presented and realize that are they for your safety. HIPAA has dramatically decreased the fraud associated with health care. It continues to make our health care system more efficient and secure.

Homelessness - Do We Need An Improved Solution?

A couple years back, I noticed the worsening of a phenomenon that has persisted to the present day. The usual trip to Sam's Club was also accompanied by the follow on donation to the "guy on the corner with the cardboard sign". They were different each week, both in age, color, and circumstances. My interest started due to my Catholic upbringing. The nuns would teach us to give to the poor since we will be judged partly by how many times we gave food, shelter, or clothing to those in need. They also taught us not to judge. Walk in their shoes and then decide if YOU would be the one standing on the corner if raised poor, mentally challenged, drug addicted at birth, etc. So my Catholic conscience induced me to hand them a buck, $5, then as much as I thought I could afford within my family budget.

Funding led to curiosity about what drives a person to beg for money on a street corner. So I asked a few. Here are the responses:

Homeless guy 1 - "My wife is insane. I'm unemployed and told that I have the lung capacity of a 70 year old man (COPD, I think he called it, from roofing material asbestos, he thought). The local assistance agency said he could only stay 2 weeks. They said "call us when your wife dies"".

Homeless guy 2 - I tried to do yard work in a poor neighborhood. They stole my knapsack, bike, and shot me through the stomach. They told me not to come back to their neighborhood. Then he showed the scar on his hand where the bullet grazed it after pass through his stomach. He still had a house to sleep in but the utilities were turned off shortly after his wife's leg was removed (gangrene due to diabetes).

Homeless guy 3 - Sitting on the sidewalk outside the local restaurant. "I'm glad you are asking about my problems, most people just walk on by like I'm not here. (A tear was caught by the wind and I felt it strike my hand). I am hoping to get enough for a hotel since it's dangerous sleeping in the woods. Others like me will steal my possessions." After going into the restaurant to get some food and some more change, I returned to find him gone. Later I saw him on his bike. He was one of the "lucky" ones who had some form of transportation.

As the years have gone by and I now find myself retired with adequate funds, my interest has turned to curiosity and a sense of "giving back" before my last breath on this earth. A trip up the road to Catholic Charities yielded a brochure with phone numbers and general information. Not knowing the specifics of the type of help they would provide, I just began handing a brochure to each "street corner friend" along with the obligatory few bucks.

You see how this is growing into a learning experience. I signed up for social ministry at Church and was asked to bag personal belongings of the homeless who would spend the night at a local Church hall. It was very interesting to say the least. Run like clockwork now, the program was started about 20 years ago and lasts only through the colder months here in southeast Virginia, November through April, I think.

The routine has been whittled down to fine science. Doors don't open until the deputy sheriff arrives to breathalize and frisk with a metal detector upon entrance into the hall. The stream of nearly 120(?) folks begins to flow with names matched with numbers for placement on large duffle bags (home made) that holds all the worldly goods of these unfortunate folks.

My first impression suggested a group consisting of young and old, chronic and first time homeless, black and white, 80% male to 20% female, mentally hurting and some quite jovial. But ALL were very cordial and appreciative of the opportunity for a hot meal, a beer, over the counter meds, a shower if desired, and a good night's sleep. Yes, a prayer was said before the cafeteria style meal. Breakfast was to be provided the following morning.

I was told by our Church social worker "the overnight experience is something else again". Being a newby at this, I left the hall around 9:30 as the overnight coordinators were handing out the foam mats for the sleeping area that was taped off for men, and partitioned apart from the women's area. A list of the Church hall locations (different each week) was handed out on the first day.

My understanding of this process is still fairly vague. One on one interviews were held after the check in process. I was told the information goes to Housing and Urban Development (HUD) and an effort is made to provide and help with housing, etc. that may be available. The help comes both from HUD and private charity. My first thought upon leaving was about the need for help during the warmer months from May through October. I request that when you see the homeless, give them a list of shelters (from Social Services?) if you have one and any funds you can afford to give. No matter what, TRUST GOD! Peace be with you all! We need not all be Mother Teresa but nor do we need to be "they just want money for drugs and liquor" individuals. Email your ideas to me please. My journey in this area has just begun and I need all the help I can get.

Do You Really Need the Best Dental Insurance for a "Million-Dollar Smile?"

Some people say that it does take million bucks to keep up that model-like smile full of dazzling white teeth. Well, this might not be entirely true, but many Americans do consider dental insurance essential.

Sometimes you can't avoid putting a crown on your tooth or pull out a tooth as you'll end up with constant pain or ugly smile otherwise. Unfortunately, the bill sometimes jumps for the stratosphere and there's little you may do regarding it... that's where a rock-solid dental plan comes in.

Good quality dental plans can prove their worth with numbers. Recently, some experts have gone forward explaining the necessity of dental coverage. They are pointing towards the entire cost for on each and every one of your oral necessities.

As for an instance, the usual cost of a 6-month checkup should be around $35 bucks. This isn't too bad, but if you mount X-rays (costing around $100) and a cleaning (costs you around $65) or the periodic filling (could cost around $110) and a tour to the dentists' can hit the wallet hard. And those 'less common' dental procedures happen to be costlier. Take the instance of a root canal, which costs you between $500 and $800 - things depend a lot on the condition of the tooth. Extracting your tooth can set us back $110, whereas a crown or prosthesis for replacing it can tack yet another $800 on your bill.

You see, visiting dentists with no insurance isn't the most fun filled experience on earth. Since costs are so exorbitant, it's understandable that a dental policy is an essential for American people. Though not every plan out there is perfect for you, you should keep your eyes open for making the dental insurance plan worthwhile.