Common Types of Medical Malpractice
Failure to Diagnose
Malpractice for Cosmetic Surgery
Malpractice for Unnecessary Surgery
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‘Failure to Diagnose’ and Medical Malpractice
Home » ‘Failure to Diagnose’ and Medical Malpractice
If a Doctor Fails to Diagnose The Cause of Your Illness, You May Have a Medical Malpractice Claim
One of the most uncomfortable parts of going to the doctor is oftentimes the diagnosis. We are always afraid of what the doctor might tell us when we are sick. However, if you are diagnosed for an illness and it is found to have been an incorrect evaluation of what was wrong with you, you do in fact have the right to recover for your losses. The way you recover for your losses is through a medical malpractice lawsuit. In order to properly litigate a malpractice lawsuit you need to have competent legal representation due to the highly complex nature of those types of lawsuits. Our Law Offices’ attorneys have handled numerous malpractice claims and know the effort and time that must be put into these causes of action to make sure that your claim is successful. This article will discuss the basics of a medical malpractice lawsuit with regard to a claim based on a failure to diagnose an illness accurately.
What is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a cause of action that permits you to recover for injuries or damages that you have suffered stemming from some action of a physician that has caused you physical or emotional injury. In a medical malpractice lawsuit, there are certain elements that must exist for your lawsuit to be successful. If one of these elements fails to exist then your cause of action will not stand and your claim will therefore fail. This is one of the primary reasons that you must have a lawyer that is very familiar with this type of claim because these elements are difficult to prove. Nevertheless, no matter how difficult they may be, with a skilled attorney like those available at Our Law Offices you stand to be compensated substantially.
What are the Specific Elements of That Must be Proven?
The elements that must be established are (1) that there is a duty by the physician to act according to certain standards. The standard that will be imposed is generally the accepted standard duty of care for physicians. (2), there must have been a breach of that duty of care. Typically other doctors that are trained in a similar area of the law will be retained to determine if they would have acted in a similar manner as the physician that misdiagnosed you. Then, (3) there must be an injury. Therefore you yourself must have suffered some kind of an injury because of the fact that this doctor diagnosed you incorrectly. And lastly, there must be some form of causal connection between the breach and the standard of care. Therefore, your injury cannot be from some unrelated accident, it must have stemmed from the misdiagnosis. Essentially, the misdiagnosis must have been what caused your injury that then spurred the ensuing litigation.
All things considered, assuming that you prove the elements that are required and the misdiagnosis in fact caused your injury then you most definitely have a valid medical malpractice claim. However, the success of your claim will be increased exponentially with the assistance of experienced legal counsel. The attorneys at Our Law Offices are more than capable of handling your claim for you. To discuss the particulars of your case, contact us.
Cosmetic Surgery Medical Malpractice
Have You Been Injured by the Negligence or Malpractice of a Plastic Surgeon?
Beauty is only skin deep. Many people cite this common phrase, but every year more and more people choose to undergo plastic surgery. Many people put a huge value in how they look with the intention of plastic surgery improving their mental health, personal well-being, and overall life. Many people think of it as being routine maintenance that everyone should partake in. For some reason many people perceive plastic surgery to be simple and not necessarily a serious or invasive surgery; however, this could not be further from the truth.
While some forms of plastic surgery are fairly non-invasive, many can have very traumatic effects on your body. Furthermore, plastic surgery is a form of surgery and every type of surgery poses a risk to your health. Additionally, this risk is increased dramatically when a surgeon is negligent or careless with your procedure. If you have been injured due to medical malpractice involving plastic surgery you should immediately seek the help of an experienced attorney.
What Kinds of Injuries Can Occur in Cosmetic Surgery?
Like any type of surgery, cosmetic surgery can be very dangerous and numerous problems can occur. Some people are predisposed to have doctors commit medical malpractice. If you are allergic to a specific type of medication or product frequently used in hospitals and doctor’s offices, you have an increased risk of your doctor committing medical malpractice. For instance, some people are allergic to latex. This requires all doctors and medical personnel who come in contact with the patient must wear non-latex gloves. Even though the patient informs their nurse or doctor, this is something that can be easily overlooked if the doctor is not paying adequate attention. While some people have a greater likelihood of being involved in medical malpractice, anyone undergoing a medical procedure can be harmed by physician negligence.
Many cosmetic surgeries require the patient to be unconscious during the procedure. This means that there must be an anesthesiologist. Often when patients are given anesthesia they can have negative reactions to the drug or suffer complications while being in such a deep sleep. It is crucial that you have a qualified and responsible doctor administering your anesthesia. If your physician is not paying close attention to the amount of anesthesia that they’re using or closely watching your vital signs, you could suffer severe complications which could lead to permanent injury or even death.
How Do I Know If I Have a Valid Medical Malpractice Claim?
Not every injury that is caused by surgery is actionable. Some consequences of surgery are unavoidable; however, many are caused by a surgeon’s negligence. For example, when a patient suffers a heart attack while in surgery it is not always considered to be caused by negligence. However, if your family member underwent elective surgery and consequently suffered a heart attack during or after the procedure and died, their doctor might be liable if they knew the patient was not in sufficient health to undergo surgery and failed to inform them about the potential risks. In order to have a successful medical malpractice case you must be able to prove that the surgeon did not act reasonably or failed to provide you adequate treatment. This might mean that your surgeon used a specific technique in surgery that a reasonable physician in his position would not use because it is more harmful or creates a greater potential for injury or death.
All medical malpractice cases are incredibly complex and can be overwhelming for someone who is inexperienced dealing with them. If you or your loved one has been injured or killed due to negligence during cosmetic surgery, you should immediately seek the help of an attorney. The attorneys at Our Law Offices have a great amount of experience handling medical malpractice cases and are well versed in this specific type of personal injury law. To discuss your potential medical malpractice claim, call Our Law Offices.
Surgical Errors and Surgeon Malpractice
Different Types of Common Surgical Errors, Mistakes and Other Surgical Malpractice
Houston medical malpractice lawsuit
When a surgeon botches your surgery, there are real consequences. Pain, disfigurement, more surgeries, long-term disabilities and death can result from errors in surgery. Studies indicate that surgical errors lead to injuries 95% of the time they occur, including patients’ deaths an astounding 20% of those times, and serious disability around 65%. Victims and their families are often left hurt and grieving after the fact with very little they can do about what has happened. But victims and their families do have rights under the law. They can hold negligent surgeons and other healthcare providers accountable for their actions, so as to help prevent more surgical errors in the future with other innocent patients. They can also recover financial compensation from wrongdoers so as to allow those victims and families to focus on their recoveries, rather than on their finances.
What is a surgical error? “Surgical error” is a very broad term that encompasses a variety of different improper actions and inactions in healthcare settings. The technical name for surgical error is Iatrogenesis. It is defined as an unintentional problem or adverse effect resulting from healthcare treatment or guidance. Doctors and nurses often use the word “surgery” in a technical sense to mean a wide range of procedures they perform on their patients. Surgeries are mostly performed in operating rooms, but need not be. Dentists, podiatrists and veterinarians can also be guilty of surgical errors.
If you or your family member is the victim of a surgical error, your surgeon has committed medical malpractice. As soon as possible, get medical malpractice attorneys you can count on. Our Law Offices can represent you and your family in simple and complex medical malpractice cases. Call right away if you suspect you or a loved one has been the victim of a surgical error.
Common Types of Surgical Errors
Errors in a surgeon’s judgment
Errors in a surgeon’s watchfulness or memory
Errors in judgment, watchfulness or memory are factors in a majority of surgical errors (around 65%)
Errors caused by a surgeon’s lack of technical skill
For example, a surgeon operating outside the area of his training or expertise
Operating on the wrong patient
Operating on the wrong body part
Communication errors among surgeons, nurses, anesthesiologists or other staff members
So called “hand-off” errors where one surgeon fails to communicate properly where he or she left off: these errors are most common in long surgeries that require more than one surgeon to operate over an extended period of time.
Errors in knowing who is responsible for what tasks during a surgery
Conflicts among surgeons and nurses
Errors caused by a surgeon’s personality
Anger, frustration and other mood issues
Substance abuse issues
Errors caused by lack of proper supervision
For example, unqualified residents and other young surgeons performing procedures they are not qualified to perform without proper supervision
For example, hospitals not having enough trained surgeons on staff or on call
Errors caused by interruptions or distractions during surgeries
Has a surgical error harmed you or a loved one? Are you living with the results of a surgery gone wrong? Did your family member die as a result of a surgeon or other physician’s carelessness or lack of skill? Often nothing can undo the harm once it has been done, but help is available. Call Our Law Offices as soon as you realize you or your family has been the victim of a surgical error. You can call our bilingual staff members.
Unnecessary Surgery Medical Malpractice
Liability of the Doctor and the Hospital for an Unnecessary Surgery
Have you had an unnecessary surgery? If you felt that you have you will need the assistance an attorney to determine if you have a viable claim for medical malpractice as a result of an unnecessary surgery and what avenues you should pursue to gain recovery. Whether a potentially unnecessary surgery is the cause of grounds for a medical malpractice claim is completely subjective. Because of that the assistance of an attorney is crucial to determine whether or not you are able to recover.
All medical malpractice claims must be brought on the basis that the surgeon acted in a negligent manner. Negligence occurs when a person (in this case the surgeon) owes a duty of reasonable care and their conduct fell below that standard. The plaintiff (patient) must show that a reasonably competent surgeon would not have ordered the surgery if faced with an identical situation.
Doctors must have a patient’s consent for any surgery or operation that they perform. Typical cases that would constitute medical malpractice for unnecessary surgeries would be one where there was a lack of consent by the patient, cases where the doctor only gained consent by false pretenses, or the surgery was performed for no medical value. One may ask themselves why a doctor would ever perform a surgery that was unnecessary. There is a simple unfortunate answer and that is money. Hospitals are experiencing the same wave of financial trouble as most of the country and the performance of a surgery that might not be necessary can help their bottom line. Many hospitals justify this by charging the insurance company and that the patient will never know the difference.
I Don’t Know Whether the Doctor or the Hospital Was Negligent
This will have no effect on the outcome of your case, all that is necessary for a plaintiff to do is prove that negligence occurred and that they suffered harm as a result of that negligence. The doctrine of “Res Ipsa Loquitur” shifts the burden of proof to the defendant in these types of cases to show that they were not at fault, rather a third party is at fault instead. These actions usually occur in surgery where the doctor, nurse, anesthesiologist, hospital, manufacturers of the instruments used during the surgery, and other parties may all be potentially at fault. In such a case the plaintiff would then need to show that they was injured as a result of negligence by one of the parties. It is then up to each party to prove that they are not negligent and that the other parties were negligent and the cause of the injury.
A medical malpractice action may be difficult to win due to many factors. First, it may be difficult to find doctors willing to testify that another doctor acted negligently. This is typical “protect our own” mentality that lives in many different professions. Secondly, and more importantly, because determining the level of necessity for a surgery is one of medical judgment that is difficult to prove. The plaintiff must show all the facts that the doctor made available to them at the time of the surgery, the time the doctor had to think through their decision, and that a competent doctor would not have done things the same way. In order to be successful in a medical malpractice case you need the skill and experience that Our Law Offices provide. They have been successful for other clients in cases like these and can be successful for you. Contact us today for your free consultation to discuss the strengths and weaknesses of your case.
Is Pain After Surgery Medical Malpractice?
How to Determine if Post Surgery Pain is Normal, Due to Medical Malpractice, or Due to the Original Illness
Houston Medical Malpractice Lawsuit Attorney
Anytime you have surgery you are likely to experience moderate to severe pain following the procedure. This is common and typically expected by most patients. The question is exactly how much pain should you be experiencing? How can you tell if the pain you are suffering is naturally due to the prior injury, or if it is caused by a negligent surgery? Thousands of people endure invasive surgeries every day and are exposed to potential medical malpractice. If you believe that you or a loved one has suffered from medical malpractice which occurred during or after surgery, it is incredibly important that you seek the advice of a qualified attorney. Our Law Offices has extensive experience handling medical malpractice claims and can help you determine whether you have a legitimate claim.
How Much is too Much Pain?
It is always difficult to gauge whether your pain is more than the typical pain and discomfort associated with surgery. Different people have varying levels of pain tolerance. While one person might rate their pain as a 4 on a scale of 1 to 10, another person experiencing the exact same type and amount of pain might gauge their suffering as a 9. Additionally, different people heal at different rates. Depending on your age, general health, or genetic makeup you might heal faster or slower than someone else who experienced the same surgery. Because everyone has a slightly different experience it is very challenging to determine whether the pain is normal or excessive which would signify that you have received negligent treatment.
Furthermore, many people who undergo surgery are already in pain prior to the procedure. Additional or continuing pain following the procedure may be difficult to distinguish from the previous ailment. So what are some signs and symptoms associated with medical malpractice following a surgery?
Many surgeries are utilized to correct an injury or treat an illness. Often the illness or injury being treated causes severe or even excruciating pain. But what types of pain would be unnatural or uncommon following a surgery? Some illnesses and injuries have only specific symptoms. For example, say you break your leg in multiple locations. This type of injury might require surgery. Following surgery you should experience obvious tenderness and pain from the injury itself, but it would be considered uncommon for you to experience a very high fever or extreme nausea. If you are experiencing severe symptoms like this it may be caused by another source. For instance, you may have contracted an illness or parasite while in the hospital due to negligence of the hospital staff. Multiple things can go wrong before, during, and after a surgery which the hospital and hospital staff may be liable.
Another common surgery is an appendectomy where your doctor will remove your appendix. Symptoms associated with this illness are often vomiting, high fever, and dull or sharp stomach pains. After surgery to remove the cause, you should feel a lot better. While you should be sore from the actual procedure, you should no longer be suffering from extreme pain or high fever. If these symptoms persist, there is a possibility that the hospital harmed you and committed malpractice.
It is always challenging to determine whether medical malpractice occurred following a surgical procedure. You should immediately contact an experienced attorney who understands the problems associated with surgery and medical malpractice. The attorneys at Our Law Offices have been helping victims like you file personal injury claims for over 20 years. We are proficient in the area of medical malpractice and have a great deal of practice in helping you determine if you have suffered due to negligence. If you think that you have been injured due to medical malpractice, call Our Law Offices.