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Medical Malpractice

Medical Malpractice is professional negligence (by a healthcare provider) that causes an injury. In Medical Malpractice cases the plaintiff's damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses, and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. In addition, punitive damages are awarded in the event of wanton and reckless conduct.

Medical Malpractice can be the result of any of the following: Medical Negligence, Hospital / ER Mistakes, Surgical Injuries, Misdiagnosis, Failure to Diagnose, Nursing Home Abuse, Birth Injury and Wrongful Death.

Medical Malpractice

Patients have a legal right to assume that the level of care provided to them by a medical professional meets a certain standard. When this standard has not been met, victims are entitled to compensation for any resulting harm. If a physician or other medical staff member fails to provide a patient with the proper care, medical negligence has occurred.

Hospital / ER Mistakes

All too often, preventable hospital or emergency room mistakes result in devastating patient injuries, illnesses, or even death. According to the Centers for Disease Control (CDC), hospital mistakes cause nearly 2 million patients to develop preventable infections in American hospitals each year. Hospital-borne infections ranked as the sixth leading cause of death to American adults in 2004. Infections represent just one of the potentially devastating consequences that can result from hospital mistakes. Other hospital mistakes that can lead to serious personal injury include:

• Medication error — pharmacist mistakes, improper dosages, administering errors on the part of the nurse, and physician error such as prescribing the wrong medication.
• Obstetrical mistakes — misreading of the fetal distress monitor; failure to diagnose fetal distress; and failure to treat complications, such as jaundice.

Surgical Injuries

All surgeries carry a degree of risk. However, sometimes avoidable errors may be made during a surgical procedure. Common surgical mistakes that may result in a favorable medical malpractice verdict include:

• Wrong-site surgery — operating in the wrong area of the body
• Wrong surgical procedure — this can include amputation of the wrong part of the body, such as limbs, organs, and tissue.
• Surgical instrument left in the body — retractors, sponges, and surgical towels can be left in the body.
• Damage from a planned surgery — this can occur when an injury is not a risk that was explained to the patient before undergoing surgery.
• Surgery unrelated to the patient's diagnosis
• Wrong patient surgery
• Blood-type mistakes

Misdiagnosis

According to the Institute of Medicine, approximately one million Americans are injured each year as the result of a medical misdiagnosis of a disease or medical condition. Misdiagnosis is often associated with inexperienced clinicians, new procedures, poor communication, and improper documentation.

Failure to Diagnose

The failure to diagnose a disease or medical condition is one of the most common types of misdiagnosis. When a serious, life-threatening condition such as a heart attack is misdiagnosed, devastating consequences can result. Because heart attack symptoms are often similar to a number of common non-life threatening conditions, medical professionals may fail to realize the severity of the situation and fail to diagnose the patient’s medical problem. Insurance companies that do not allow testing can also be held liable for a failure to diagnose.

If you feel that you are the victim of medical malpractice contact Tom Doehrman to schedule a case consultation and evaluation. Tom is a medical malpractice and negligence lawyer who can help you obtain compensation for injuries you have suffered.