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Medical Malpractice
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By Heidi Turner
Medical malpractice refers to a situation in which a healthcare provider fails to provide an acceptable level of care for a patient and causes some form of harm to that patient. Acts that amount to medical negligence could be considered malpractice. It is important to note that simple errors may not be considered malpractice—the healthcare professional must have acted in a way that a competent professional would not act. Medical malpractice attorneys can help determine whether there is a reasonable basis for filing a medical malpractice claim.
In other words, a doctor who gives a friend medical advice over the phone could not be liable for medical malpractice. Likewise, if the patient already had a heart problem and died of a heart attack during surgery, the patient's family would have to prove the death was the result of the doctor's actions.
Among evidence that may be required as evidence of medical malpractice are medical reports and diagnoses, expert testimony or opinions, medical files and scans, testimony from other professionals, clinical practice guidelines, physical evidence, follow-up care records, and documentation of the plaintiff's state of injuries.
If medical malpractice can be proven, patients may be eligible to claim damages for pain and suffering, physical injuries, healthcare costs, lost income, and loss of future earnings.
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Medical Malpractice Claims
Medical negligence occurs when a healthcare professional—including doctors, nurses, dentists, surgeons or other medical professionals—conduct their job duties in a manner that does not meet the accepted medical standard of care. For a medical malpractice or medical negligence claim to exist, however, it is not enough that the patient is unhappy with his or her treatment. To make a medical malpractice claim, the patient must show- A doctor (or other medical professional)/patient relationship existed
- The medical professional was negligent in his or her duties (conducted them in a way that a competent professional would not have)
- The medical professional's actions caused injury
- The injury led to damages
In other words, a doctor who gives a friend medical advice over the phone could not be liable for medical malpractice. Likewise, if the patient already had a heart problem and died of a heart attack during surgery, the patient's family would have to prove the death was the result of the doctor's actions.
Among evidence that may be required as evidence of medical malpractice are medical reports and diagnoses, expert testimony or opinions, medical files and scans, testimony from other professionals, clinical practice guidelines, physical evidence, follow-up care records, and documentation of the plaintiff's state of injuries.
If medical malpractice can be proven, patients may be eligible to claim damages for pain and suffering, physical injuries, healthcare costs, lost income, and loss of future earnings.
Medical Malpractice and Medical Negligence
To prove a claim of medical malpractice, the patient must show that the healthcare professional acted in a way that a reasonable professional would not have. Not all harm experienced by patients is the result of negligence—some harm is the result of unforeseen or unexpected complications. But some harm is the result of negligence. Among negligence claims that could result in a malpractice suit:- Misdiagnosis/failure to diagnose
- Surgical error
- Failure to follow-up with treatment
- Medication/prescription error
- Anesthesia error
State Medical Malpractice Laws
State medical malpractice laws vary widely, including some states limiting the value of non-economic damages plaintiffs can claim against healthcare professionals. Some states also have comparative negligence laws, which would decrease the amount a patient can receive if the patient is found in anyway responsible for the injury.Medical Malpractice Statistics
A highly cited 1999 report from the Institute of Medicine (titled "To Err is Human") found that up to 98,000 people a year die thanks to mistakes made in hospitals. More recently, a study published in September 2013, which attempted to update the "To Err is Human" study, found that anywhere between 210,000 and 400,000 deaths per year could be attributed to "preventable harm in hospitals." According to ProPublica, that makes medical errors the third-leading cause of death in the US, behind only heart disease and cancer.Medical Malpractice Legal Help
If you or a loved one has suffered damages due to malpractice, please click the link below to send your complaint to a Medical Malpractice lawyer to evaluate your claim at no cost or obligation.Last updated on
MEDICAL MALPRACTICE LAWSUITS
- Montana Medical Malpractice In Montana, a patient who has been injured by substandard medical care may file a medical malpractice lawsuit
- Idaho Medical Malpractice claims made against Idaho healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Utah Medical Malpractice claims made against Utah healthcare professionals or organizations whose standard of care fails to meet an acceptable level.
- Oklahoma Medical Malpractice healthcare professionals conducting job duties in a way that fails to meet accepted medical standard of care.
- New York Medical Malpractice alleging NY doctors or other healthcare professionals or organizations standard of care fails to meet an acceptable level.
- Arkansas Medical Malpractice Lawsuits alleging AR doctors or other healthcare professionals or organizations standard of care fails to meet an acceptable level.
- Ohio Medical Malpractice Lawsuits alleging doctors or other healthcare professionals or organizations standard of care fails to meet an acceptable level.
- New Mexico Medical Malpractice Lawsuits claims made against New Mexico healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Arizona Medical Malpractice claims made against Arizona healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Florida Medical Malpractice claims made against Florida healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Georgia Medical Malpractice claims against Kentucky healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Kentucky Medical Malpractice claims made against Kentucky healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- South Carolina Medical Malpractice claims made against South Carolina healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- Texas Medical Malpractice lawsuits alleging unacceptable standard of care for patients
- Illinois Medical Malpractice claims made against Illinois healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- California Medical Malpractice claims made against California healthcare professionals or organizations whose standard of care fails to meet an acceptable level
- VA Medical Centers Admit to Drug Overdoses, Software Glitches
- Veteran Medical Malpractice alleging injuries and negligence at VA hospitals
MEDICAL MALPRACTICE LEGAL ARTICLES AND INTERVIEWS
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Six Things Vets Should Know about Filing a Veterans Medical Malpractice Lawsuit
November 27, 2024
On November 5, a federal jury in the Northern District of Georgia convicted Dr. Rajesh Motibhai Patel, a primary care physician at the Veterans Affairs Medical Center in Decatur, Georgia, of sexually assaulting a veteran patient. The jury found that he violated her constitutional right to bodily integrity while acting under color of law. READ MORE
Tips for Maximizing Your Compensation in a Malpractice Case
October 11, 2024
Medical malpractice happens when a healthcare expert, via omission or negligent act, injures or causes harm to patients. If you suffer any harm or are injured because of a healthcare professional’s negligence, you’re entitled to compensation. However, your settlement amount primarily depends on how you handle your medical malpractice lawsuit. Discussed below are four tips for maximizing your compensation in a malpractice case. READ MORE
Six Things Vets Should Know about Filing a Veterans Medical Malpractice Lawsuit
October 15, 2024
No veteran expects to be injured because of medical negligence on the part of the VA, but it happens. If you or a family member has been a victim of veterans’ medical malpractice, don’t give up. READ MORE
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READER COMMENTS
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Anonymous
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After 2 days I was scheduled for Bilateral Tubal Ligation (BTL) I go forth with the procedure thinking that it was safe. at the ligation room I was asked by my attending physician if I have cough, I said yes. however they did not tried to listen to my chest w/ the use of stethescope and proceeded w/ the procedure, while the procedure was going on, I was complaining to them that i was in pain, I told them "doc I think the anesthesia is not taking effect yet because I can still feel the pain" but they just told me it is already working, but then again the pain is still there so i kept on complaining to them that i'm really in pain.
Then they told me that they will inject anoter anesthesia that will make me only drowsy but not put me to sleep. i did not know what happened next.i just woke up and heared them say ligation is finished.shortly thereafter i already had difficulty of breathing. i complain to them but they just told me that its just because of the anesthesia, (DEMEROL) they did not do anything abuot it.i was really in need of air because i could no longer breath and i already shouted "let me out of this room i will die here".
then eventually everything was dark and after that i did not know what happened next.It took about 3 days for me to regain full conciousness only then when i came to realized that I was already confined at the ICU w/ assisted breathing attached to the ventalator,sad to say that I am a victim of medical malpractice and negligence by my attending physicians at EVRMC.
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After the test, the neurologist handed me a paper and told me to take it to the neurosurgeon she recommended, referred me to.The paper the neurologist handed me said, "MRI recommended" as well as the results from the tests.
Upon signing in at the neurology clinic in our local low-income hospital, I filled out all the necessary papers. When handing back the papers, I also handed the lady at the window the paper from the neurologist. I assumed this was the beginning of my file at the neurosurgeon's office.
I had appointments with the neurosurgeon at least once a month, where he sent me for a CAT Scan, and X-rays at different times, as well as poking my arm with needles and such. My appointments for seeing the neurosurgeon went on for one full year before he finally scheduled disk excision surgery for me.
The morning of the surgery, I was in hospital clothing and prepped for surgery, I was then wheeled into the operating room, placed on the operating table and lay there waiting. I had not yet been given any anesthetic when the neurosurgeon walked in and placed my file on my legs. I watched him open the file and look it over.
I was surprised and taken aback when I heard the neurosurgeon say, "I CAN'T DO THIS, SHE HASN'T HAD HER MRI!" My immediate thought was, "IS THIS THE FIRST TIME HE HAS LOOKED AT MY FILE?"
Anonymous
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Never once has this Dr ever told him to quit smoking,saying his heart and lungs are clear,despite my claims of him choking and wheezing every day.I was also troubled by him falling a lot and getting dizzy.
In Sept. of last year,my husband had a stroke,lost sight of his right eye,and was found to have a clogged mitral valve.Just how long was he going to go before all this was diagnosed is a puzzle to me,and a disgrace to the medical practice.
Anonymous
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I went on and a few months later went back for the same reason, again he ordered the same test and had me come in for a follow up. The doctor told me nothing was wrong and that I was depressed and ordered antidepressants. I stayed sick for the next 2 years but he kept telling me I had the flu, allergies and so on.
I moved and changed doctors in 2005, my new doctor was Dr. Itskovich. I told her the story. She dis nothing at the time. In August 2005 my husband took me to Henricos Doctors Parham emergency department. They told me I had an intestinal parasite without running any test or examining me.
I was sent home with antibiotics and pain meds. I went to my doctor and told her the next Monday. She prescribed meds for irritable bowel. By Friday I could not walk I was in such pain so back to the ER I went. They then said I had a uterine infection again without an exam or tests.
That Monday I went to my GYN who promptly order an ultrasound that day. Before I got home they had called and said I needed a CT scan right away so I went the next day and was told to see a gastro. I called my primary Dr. Itskovich for a referral, she told me she would fax it over.
I went to my appointment with the gastro and found out the never got the fax, they called and we called Dr. Itskovich and got no answer so my husband drove to her office to find the door locked but we could here them inside talking, we knocked and they would not answer.
I called the insurance company and talked to them and they got me an appointment with a gastro and waived the referral. I went to the gastro and was told I had diverticulitis. They put me on meds but had a standing order at the hospital if I got worse I was to be admitted for testing. Well that Friday I was again taken to a different hospital and admitted.
Two days later after many tests I was diagnosed with colon cancer. I had had this all along. This was in November 2005, I had surgery on Dec. 1, 2005 and had 12 inches of my colon removed. I was not told I could file a lawsuit until the statue of limitations had ran out. I also had to have a total hysterectomy in March 2006 as the cancer had spread, I was 38 years old then and just married.
Texas
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California
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@ French Hospital Medical Out Pt Center I had a ghosong cath put in place in OR. According to the surgeon that preformed the cath placement, he said infection was very uncommon. I had green/yellow discharge coming out of the port for
several weeks, and a milky white fluid. He stated nothing was wrong.
March 25,07 woke up temp was 104
taken to emergency room. Port was infected with staph. Had surgery to remove it at once. Now it's a catch and miss if they CAN get the blood out of my failing veins. Suffered emotional distress, and not sure if I will be able to live a normal life now,
since I still have problems w/ getting phlebs as my veins collapse.
Texas
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