Who is responsible for medical
malpractice?
Those liable for medical malpractice include doctors,
nurses, health care facilities and government agencies
providing medical services. Specialized doctors such as
dentist can also be held responsible for complications
or negligence during a procedure.
If my procedure had a bad outcome, does this mean medical
malpractice was present?
When an unexpected outcome occurs due to a procedure,
this does not automatically mean the doctors were at fault.
If a consent form, indicating such common complications
as bleeding and infection is signed then they may not be
liable.
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Is medical malpractice common?
Sadly, medical malpractice mistakes are a growing epidemic.
Surprisingly, a staggering number of patients and families
who have been negatively affected by medical mistakes do
not seek compensation for their suffering. This is due
to the lack of knowledge patients and family members have
about medical malpractice.
What do I need in order to have a legitimate medical malpractice
case?
There are three areas that must be proven in order for
one to have a legitimate medical malpractice claim. First,
it must be revealed that the defendant failed to comply
with the standard of care necessary during the procedure. Secondly,
the cause of the injury must be the result of the wrongdoing
or negligence of the defendant. Finally, the damages caused
must be due to the medical malpractice mistake.
What is a birth injury?
A birth injury occurs due to complications during the
childbirth process. Birth injuries can be caused by oxygen
deprivation, positioning of the baby, and/or mistakes made
by the hospital staff. Serious complications affecting
the infant’s brain can cause long-term damage such
as Cerebral Palsy and Erb’s Palsy.
What is a misdiagnosis?
A misdiagnosis consists of an error made by the medical
staff. These errors include wrong diagnosis, delay to diagnose,
and failure to diagnose a present condition. Unfortunately,
a misdiagnosis can cause an individual many complications
including long-term damage and even death.
What is wrongful death?
A wrongful death claim is based upon a fatality caused
by negligence or misconduct of another person or group.
This type of claim is typically filed by a family member
for compensation of their loss. Wrongful death can be related
to any form of personal injury and medical malpractice.
What is dental malpractice?
Dentist has the same responsibility as any other health
care provider that upholds them to a standard of care.
Dental malpractice includes the failure
to detect, diagnosis or treat oral cancer and oral diseases.
Anesthesia based injuries and nerve damage to the mouth
and jaw can occur during a dental procedure.
What consist of a surgical error?
Surgical errors can consist of wrong-site surgery, wrong
surgical procedure, wrong patient surgery, unneeded surgery,
and the possibility of surgical instruments being left
in the body. These errors can cause a patient severe complications
and suffering along with the possibility of death.
Why do medication errors occur?
Prescription errors can occur in many different situations.
Those responsible for an error range from the manufacturer
to the prescribing doctor, nurses, and/or pharmacist. Many
of these complications occur due to understaffing in pharmacies
and in hospitals as well as illegible prescriptions written
by the staff. Errors such as these can cause severe life-long
damages to a patient, if not death.
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