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Medical Malpractice

General Disclaimer – The materials posted on this website are for general information, and cannot be taken as legal advice. (See Full Disclaimer).

When doctors or hospitals make mistakes it is called medical malpractice.

Doctors are required to keep informed of new developments and use approved methods of treatment.

Who might be responsible for malpractice?

Misdiagnosis and failure to diagnose

Surgical Mistakes

Hospitals have the same responsibilities to patients as doctors do.

Birth defects

Medication prescription negligence

 

When doctors or hospitals make mistakes it is called medical malpractice. This professional negligence committed by a doctor who fails to use reasonable care can result in death or devastating injuries with life changing consequences to the victim and his or her family.  These actions can be brought against physicians or hospitals that deviate or depart from accepted medical practice and standards in their communities. We thoroughly investigate medical claims and our clients are under no obligation for fees or expenses unless a recovery is obtained.  It is also important that medical malpractice claims be investigated promptly.  The time to bring a lawsuit against a doctor or hospital could be less than in any other negligence case.  Rather than 3 years, a malpractice case must be brought within 2 ½ years of the mistake. Sometimes this time is extended if the patient continued to treat with the same health care provider for the same condition, but the time limit must be carefully watched.

Doctors are required to keep informed of new developments and use approved methods of treatment. They must use their best judgment and superior knowledge and skills at all times. Their responsibilities are the same regardless of whether or not they have been paid.  When doctors fail to devote their full attention to the people they are treating, they need to be held accountable to those who are injured.

Who might be responsible for malpractice?  Anyone holding themselves out as qualified to give medical treatment including, but not limited to:

  • General & Family Practitioners (misdiagnosis/treatment failures)
  • Orthopedic Surgeons (fractures/broken bones)
  • Neurologists/Neurosurgeons (brain/spinal cord/paralysis/nerve damage/discs)
  • Cardiologists (heart)
  • Colon/rectal surgeons (cancer)
  • Oncologists (cancer)
  • Internists (Internal organs)
  • Radiologists (xrays/MRIs/CT Scans/Sonograms/Discograms)
  • Obstetrics and Gynocology (pregnancies/birth defects/cancer)
  • Ophthalmologists (eyes)
  • Otolaryngologists (ears, nose & throat)
  • Pediatricians (children)
  • Pathologists (misdiagnosed biopsies)
  • Hematologists (blood disorders)
  • Plastic Surgeons (failed cosmetic surgery)
  • Pain management/rehabilitation (drug abuse/addiction)
  • Anesthesiology (coma/brain damage)

Misdiagnosis and failure to diagnose are common errors made by doctors in all specialties.  Their failure to find or recognize symptoms or other warning signs in a timely manner can ruin any chance for the patient to receive proper treatment. Serious injury and death can be consequences of these failures.  Cancer can be a death sentence, but the earlier it is detected, diagnosed and treated, the more effective the treatment.  If found early enough, many forms of cancer can be effectively treated, giving the patient a normal life expectancy.  Doctors are required to give proper instructions to their patients and refer them to specialists if necessary and many mistakes come from their failures to do so.

Surgical Mistakes- A patient on the operating table is at the mercy of the doctors, surgeons, nurses or hospital staff member.  Mistakes are often made during or following surgery.  Incorrect procedures, medical objects left in the body, and failure see or react to emergencies often result in sever injuries.  Errors by surgeons and anesthesiologists can cause death, paralysis, brain damage or other permanent life changing injuries.

Hospitals have the same responsibilities to patients as doctors do. Negligence can occur for many reasons. Poor training, substandard education, lack of supervision and cost-cutting procedures result in injuries to patients at the hands of doctors, nurses and other staff employees at hospitals every day.  Poor decision-making by staff members will often result in mistakes and significant injuries to patients that should have been prevented.

Birth defects can occur as a result of malpractice. When doctors, nurses or hospital employees make mistakes during pregnancy and/or delivery, brain injuries can cause permanent disabling conditions to the newborn, such as cerebral palsy, nerve damage, spinal cord injuries, blindness, deafness, coma or even death.  We investigate the treatment rendered to the mother and child with expert physicians and determine the extent to which the child and parents are entitled to compensation.

Medication prescription negligence occurs when doctors prescribe drugs for their patients without proper consideration to the side effects, risks or manner in which it might be contraindicated with other medicine or health conditions.  Taking the wrong medicine or dose of the right medicine can also cause severe injuries or death.

 

Disclaimer: These materials are intended to help explain some of the principles and concepts involved in these types of cases. Please remember that these are general rules, all of which involve exceptions which would be impossible to detail on this or any other website. In the same way that a doctor cannot give medical advice without examining the patient, the attorney cannot give legal advice without an opportunity to interview the client or the witnesses, and to review the documents involved in the case. Therefore, while we hope these materials are helpful, please remember that they are not intended as a substitute for legal consultation, and they cannot be taken as legal advice.