Medical Malpractice

Medical Malpractice – Important Things You Need to Know

Do you know that the third main cause of death across the United States of America is medical malpractice? This might interest you because for all you know, medical practice is just ordinary news you see on television or hear on the radio. Go on reading this article to learn more about this type of malpractice, its most common forms and how you can act on it if you are a victim.

Most medical malpractice Maryland cases involve simple misdiagnosis on the part of medical personnel. Interestingly, there are some cases that this form of malpractice is done on purpose. Whether it is someone’s fault or done intentionally, this event can lead to serious consequences that are hard to cope with and forget.

Before we dig more about this topic, let us define what medical malpractice is in terms of legal lens. Medical malpractice is defined as an act of negligence committed by a professional health care provider or medical personnel that might result in injury on the victim or even death. This phenomenon takes place when medical personnel do not go by the accepted rules or standards whether on purpose or not in health care centers or hospitals. It is interesting to note that in the United States the number of malpractice cases is reported every minute.

So, what are the most common types of malpractice cases in the country? Apart from simple misdiagnosis I have stated above, the most common cases are errors in administration of anesthesia, birth injury, medical errors, and abuse at nursing homes, dental malpractice and mistakes during surgery. These mistakes in hospitals are very rampant because of apparent negligence of medical personnel.see page at http://www.tribstar.com/opinion/flashpoint/flashpoint-indiana-out-front-of-nation-in-medical-malpractice-reform/article_811c68a7-099f-5753-a613-379952168139.html

What should you do when you think you or a loved one is a victim of this kind of malpractice? You should know that you can file a medical malpractice lawsuit against the healthcare facility or hospital where the alleged malpractice took place. Utilizing the experience of an accident lawyer Maryland, this type of malpractice lawsuit is a proceeding involving the alleged case of malpractice in a court of law. The plaintiff, in order to win, must prove that the injury or casualty was an offshoot of negligence on the part of medical personnel.

Several points need to be taken note of when a client files a malpractice suit against a medical practitioner. Accident lawyers Maryland collect in-depth information about the laws governing medical malpractice. They then interview the client to ask several questions to find out if the case is valid and the client is trustworthy person or not.

Medical MalpracticeAs it is a serious case, the lawyer has to be careful in dealing with fraudulent clients. Unless there is any visible injury, court will not give any money. If a lawyer is shocked by hearing the case history, they can go ahead otherwise there is absolutely no use in taking the proceedings any further.

If you think you have a strong case, you should get a reputed an experienced accident lawyer Maryland or medical malpractice lawyer to help you win your case. Getting a lawyer whose expertise lies in personal injury is important if you want to get a just compensation for the loss you have sustained because of medical malpractice.

Drugs and Medical Malpractice

Defective Drugs and Medical Malpractice

There is an axiom that goes around which says ‘accidents do happen’, well, it is true, accidents do happen, but what if that accident was due to negligence which caused injury to someone? It isn’t a favorable thought to think that injury could be caused by defect in drugs, but it is a reality that injuries do occur because of either drugs or medical equipment and a accident lawyer Maryland may be needed.

There are a number of situations that have caused injury to people either through incorrect use of medical equipment or negligence when giving correct medication to a patient.

Plastic surgery and breast implants have caused a rise in claims against the medical industry due to specialist being negligent when offering their services to people which caused injury. Cases such as women being injured due to defective breast implants where the implants ruptured or caused a reaction to the silicone used in breast implants.

Another common example of negligence is by giving a client incorrect medication. This seems to be one of the more common forms of negligence, but a bottle with an incorrect label given to a patient could turn out to be fatal; especially if a patience takes a number of drugs and the wrong drug is given which interferes with other prescribed drugs.read post here!

Accident lawyers Maryland are used in many different areas, as defective drug claims are not restricted only to patients. There are many cases when medical equipment is provided which may have a defect which causes injury to either the patient or the person using the equipment.

If sufficient warning is not given on how to correctly use a piece of equipment, this in itself puts the operator at risk of injury. To use an example, if a welder is not informed that looking directly at the light which comes from welding can blind you, therefore, blacked out goggles must be worn, it is down to the negligence of the manufacturer for not informing the operator that their product could cause blindness if not used correctly.

Cases have occurred where manufacturers of body parts used in place of actual organs have caused injury to a patient. For example, imagine the effect a defective heart valve would have on a patient or a contaminated prosthesis inserted into a human body which could cause internal infection. We don’t only have to imagine these occurrences to happen, since they are actual cases that have actually happened.get more details from http://farmingtonhills.legalexaminer.com/medical-malpractice/required-knowledge-is-of-the-death-or-injury-not-of-the-negligent-conduct/

Drugs and Medical MalpracticeIn cases such as these a qualified accident lawyer Maryland would be needed who specializes in such areas to legally represent a client where such injury has occurred from negligence either from the manufacturer of a product or someone performing an operation which caused injury to a client.

There are many case studies in these area’s which show that injuries do occur due to negligence of either incorrect use of equipment, mislabeling of drugs or defective products being used on clients.

Whenever a claim is made against a manufacturer or person, sufficient evidence is required to ensure success to a claim. This is where an accident lawyer Maryland who specializes in these areas is required, so when looking around for a representative, always look for previous case studies to ensure they have acted in similar cases to ensure they can effectively handle your case with success.

Medical Malpractice Cases

Common Pitfalls in Medical Malpractice Cases

If you were injured from what you believe was doctor’s error, you need to consult a medical malpractice Maryland lawyer, who will review the evidence and tell you if your case has a chance of success. Listed below are common pitfalls of medical malpractice cases which may cause your lawsuit to be dismissed:

1. Not all bad results are medical malpractice

A physician must deviate from the acceptable standard of medical care, and their negligence must cause a serious injury in order for the malpractice claim to have merit. A doctor may fail to diagnose a condition (for example high blood pressure), but if the condition is eventually identified, the patient is treated and shortly thereafter gets better, while the physician is at fault; this may not be medical malpractice.

The issue or recovery, extent of the injuries and length of disability play an important role in maintaining a successful medical malpractice lawsuit. For example, if the patient arrives to a hospital with a fractured hip, which is improperly operated on, but the following day, undergoes an additional operation, where the fracture is finely set in place, most accident lawyers Maryland will decline to accept this case, since the possibility of recovering substantial damages is remote and the costs of litigation, will outweigh the result.

2. Failure to have the medical malpractice case reviewed by another physician or expert.

The courts now require that the attorney, filing the summons and complaint on the client’s behalf in a medical malpractice cases, include what’s called a Certificate of Merit, stating that he or she consulted with a physician or expert, concerning the pluses and minuses of the case, including doctor’s negligence, and believes that the case has merit.

An experienced malpractice law firm will make sure to use due diligence in filing the necessary paperwork in court when commencing the lawsuit, and will retain contact with the consulting physician to possibly use them later on as expert witness, to testify at trial.view more information from http://www.thehindu.com/news/cities/Hyderabad/medical-negligence-more-cases-under-scanner/article9311084.ece

3. Failing to file the lawsuit within the applicable statute of limitations

Each state has its own time limits for when the plaintiff or his estate must commence an action against the doctor. Should the lawsuit be started past the allowed time, the complaint will be dismissed. In New York there are different statutes for medical malpractice and dental malpractice cases, wrongful death cases, as well as actions against public hospitals.

4. Failure to obtain all of the patient’s medical records

If a patient is suing a doctor for negligence, very often his entire medical record, including reports from years back, comes into play. The usual argument by the defense is that the condition was pre-existing and not the result of doctor’s mistake or omission.

The counsel for the defendant will pour over hundreds and hundreds of pages of plaintiff’s records to try to find the way out of the lawsuit. Making sure that an attorney has your entire medical record will prevent surprises later on, since your counsel will be prepared to counter any argument that the doctor’s attorney will make concerning the cause of your injuries.

5. Failing to retain expert witness to testify on plaintiff’s behalf

Medical Malpractice CasesMedical malpractice cases Maryland often succeed or fail based on the testimony of an expert witness, who testifies as to whether the defendant doctor deviated from the accepted standards of care. Such experts are expensive to retain, but are vital to the case. Without their statements the jury only hears the defendant’s side, and will likely rule in his favor.

It is critical to hire an experienced and aggressive accident lawyer Maryland who knows what constitutes medical malpractice and has the experience and skill to represent you in a personal injury case. Your case should not be the lawyer’s learning experience. Ask the right questions and you can judge whether your lawyer has the ability to handle your case.