Medical malpractice is any action or omission by a medical professional that injuriously deviates from accepted standards and practices or causes accelerated injury or death. As such, malpractice can be considered those actions or inactions that cause damage that would have otherwise been avoided. Â
From that definition, we are able to dive into the complex world of medical malpractice. Often legal suits entail unfortunate complications with loved ones and emotions run very high. From a family perspective, perceived errors by a doctor can prompt individuals to pursue legal action. From a doctor perspective, prevalency of medical lawsuits can actually lead to lack of treatment or hesitancy to make critical decisions. Â With both sides trying to do what’s best for their interests, it can be difficult to know when pursuing a malpractice suit is advisable. That being the case, let’s examine some of the most common situations where legal action is appropriate: Â
Kinds of Medical Malpractice
Â * Medication Errors. This can involve medicines given on site in the hospital or prescribed for extended use. Â * Medical Misdiagnosis. If a medical problem is misdiagnosed the treatment (or lack of treatment) can have drastically injurious effects on a patient. Â * Failure to Diagnose. Similar dangers to misdiagnosis, only mostly focused on a lack of treatment. Â * Anesthesia Mistakes. Anesthesiologists have a rigorous amount of credentials to accrue in order to begin practicing. The reason why is because anesthesia is a hotbed of potential complications. Â * Birth Injuries. The birthing process is complex and requires many on-the-spot decisions, leading to potential error. Â * Surgical Errors. When in surgery, it is a surgeons responsibility to follow proper protocols and avoid preventable complications. Â There are more of course, and medical malpractice can span out to a great variety of issues. Â
Malpractice Verdict and Award Examples
Â To better understand how the process of suing for malpractice takes place, here are three examples of the legal system in action. Â *VICTIM’S FAMILY AWARDED $19.8 MILLION IN MALPRACTICE SUIT* Â In what is believed to be one of Massachusetts’ biggest medical malpractice awards, a Plymouth County jury ordered a Brockton doctor to pay $19.8 million to the family of a Wareham woman who died after her undiagnosed cervical cancer spread. Cervical Cancer is among the most curable forms of the disease if found early, but Higgins argued that McCormack’s lapses allowed the cancer to spread. Wood died June 17, 1993. Â Higgins said the size of the award demonstrates “that people don’t want to be treated by a doctor from across the room.” “People want doctors to take their signs and symptoms and complaints seriously,” he said. Â *TENNESSEE MAN SUFFERS STROKE WHILE UNDERGOING CHIROPRACTIC TREATMENT* Â DreamLegalTeam.comÂ was contacted for a referral by a young woman from a small town in Tennessee whose husband suffered a brain stem stroke while undergoing manipulation at his chiropractor’s office. The chiropractor practiced in Mississippi. After this stroke, the 36 year old man sustained injuries that left him blind, unable to speak clearly or walk/drive/function normally. Â The woman was looking for the best medical malpractice attorney in her area to answer her questions with regard to current and future medical care, rehabilitation, lost wages and compensation for the pain and suffering her husband was experiencing.Â DreamLegalTeam.comÂ referred the woman to a specialist lawyer in Memphis. The lawyer secured prolonged medical care and attention for the effects of the accident and also a large financial settlement. Â *27 YEAR OLD MISSOURI WOMAN DIES DUE TO MALPRACTICE* Â DreamLegalTeam.comÂ received a request for a free online consultation from a gentleman from Little Rock, Arkansas.Â A few months earlier, his 27 year old wife was taken to a hospital in St. Louis, Missouri because she was short of breath and dizzy.Â The doctors sent her home and said nothing was wrong with her.Â Two days later, she died with blood clots in her lungs. Â This young man contacted my office as to how he could find the best medical malpractice attorney in the St. Louis area.Â We referred this client to a person uniquely qualified to evaluate this potential claim, a nationally acclaimed attorney who is also a medical doctor.Â The attorney evaluated and accepted this case. Â Although nothing can truly compensate this heart-broken young widower, he did receive a large financial award.
Securing Proper Legal Representation
Â As you can tell from the examples, the key to success in a malpractice case is securing representation in your area that understands the intricacies of medical law. The lawyer needs to be nearby and accessible in order to properly asses the history of the medical practitioners in question, understand the variable laws of your state, and gather the proper details from you regarding your case.