Questions to Ask When Interviewing a Medical Malpractice Attorney Medical malpractice is a serious allegation and hence, should be taken seriously too. The life of the patient in which the negligence was committed against can be actually put in the one because the practitioner was not mindful enough of his responsibilities. This is why, it is only right that people would seek legal assistance if they were ever put at risk from such a situation, if you incurred physical injuries as a result of such a negligence, you want to see to it that appropriate complaint is field towards the right authorities. The whole nine yards can be a complicated legal process. This is why you have to see to it that you will locate the right practitioner that can take on your defense. It is easy to find a legal practitioner today since they are available in such considerable numbers around, but you want to focus your attention on the specialists only. Specifically, you want to look for a lawyer that specializes on addressing these types of caseload. Make sure that you know exactly what you are looking for when you refer to http://www.compensations4injury.co.uk. …show more content…
You need to assess if they are right for the task and of they have what it takes to get this claim processed. Of course, you want to hire those people that would give you a better chance at winning the case and getting the compensation you deserve. So, getting a consultation before you will decide to enlist their legal services will help you get to know them better ahead of
In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States.
Explain the issue or dilemma using information from the readings in the book and other sources.
Not only do health care providers have an ethical implication to care for patients, they also have a legal obligation and responsibility to care for the patient. According to the Collins English dictionary, a duty of care is ‘the legal obligation to safeguard others from harm while they are in your care, using your services or exposed to your activities’. The legal definition takes it further by making it a requirement that a person act towards others and the public with watchfulness, attention, caution and prudence which a reasonable person in the circumstances would use. If a person’s actions fail to meet the required standard, then the acts are considered negligent (Hill and Hill, 2002). If a professional fails to abide to the standard of practice for their practice in regards to their peers, they leave themselves open to criticisms or claims of breach of duty of care, and possibly negligence. Negligence is comprised of five elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm. Duty is defined as the implied duty to care/provide service, breach is the lack thereof, cause in fact must be proven by plaintiff, proximate cause means that only the harm caused directly causative to the breach itself and not additional causation, and harm is the specific injury resultant from the breach.
Actuaries are recognized for using mathematics in certain ways to estimate the financial obligations of a company. These approximations directly affect the company’s financial situation and outlook for the year. As any other professional occupation, standards must be followed to ensure the validity of the work being done. Risks of malpractice may arise if actuarial principles are not followed carefully. Actuarial malpractice has become a rising concern in holding actuaries liable for their work, where in previous years it was unheard of.
Medical malpractice occurs when a hospital, an advanced practice nurse, or other healthcare professional causes an injury to a patient through a negligent act of commission or omission, in the area of diagnosis, treatment, or healthcare management. The medical malpractice case reviewed in this paper involved a patient, Yolanda Pinellas, a 21-year-old female student at Ithaca College who was studying to become a music conductor. Yolanda was diagnosed with anal cancer and was admitted to Caring Memorial hospital to receive Mitomycin for her chemotherapy. Standards of care were not followed in the intravenous (IV) administration of vesicant Mitomycin, and there was an IV infiltration of the vesicant. Two weeks after the
Medical malpractice is like a virus that spreads contagiously and has been going on for many years. This phenomenon has caused deaths, diseases, and injuries due to the negligence of medical professionals towards their patients. Hospitals are losing their reputation and doctors are losing lots of their money. Usually after the doctor does something wrong, the patient should file a lawsuit against them and the hospital. One way to prevent malpractice is to pick younger doctors who are more careful with what they are doing. Malpractice is an occurrence that should be stopped soon or many injuries could occur to the patient due to the doctor’s negligence.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
An initial consultation is a great way to determine if a lawyer is truly skilled in this area. During the initial consultation, make sure that the lawyer has experience in these key areas of the law.
A personal injury attorney should never make guarantees or promise absolutes to clients. Remember that the individual or business you are filing a claim against will also likely have strong legal counsel, which will be working hard to minimize their losses as well. Choose realism over idealism. 4. General Seeking a specialist is always a good decision when it comes to choosing a lawyer.
Starting with the initial claims and settlement negotiations, our staff will treat your case with the diligence you deserve. We also have the expertise to represent you during jury trials and appeals, so you can have the peace of mind that we will be with you every step of the way to ensure you receive the maximum financial compensation due to
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error (Michelle, 2014).
1. Is the legal specialist capable to deal with your injury claim? It sound weird to the people but really makes sense. However, with the advancement of technology and education different lawyers deal with different types of cases. You should need to consider these things before selecting the lawyer for your case as if they are willing to take
Not only does the patient have to live with their injury the rest of their life, their family also has to deal with it as well. While not all medical errors cause major debilitating harm they are nonetheless medical errors and need to be addressed. When a patient comes in to see the doctor they expect him or her to correctly diagnosis and treat them. When a doctor fails to correctly diagnose a patient, read a test result properly or disregard the results all together this deprives the patient of autonomy. Autonomy is cannot be achieved if any of the above listed malpractices occur. The patient cannot make an informed decision about their care if they are not given correct information. Beneficence is void in these cases as well. If a doctor disregards test and lab results or prescribes the wrong medication or more of the medication then the patient needs the doctor is not acting in the best interest of the patient. All of the above things listed void non-maleficence. Doctors end up causing harm to the patient when the misread a test or lab result, disregard results altogether, not following up with patients, and medicating the patient incorrectly. This can cause patients to have unnecessary surgery, procedures, take medications they really do not need, even death. Justice is not served when doctors get lazy, tired or simply do not care. They are supposed to do what is in the best interest of all patient
Most cases this part is easy to establish cause it’s by a doctor and patient’s relationships which most people have by the doctor already (Bal, 2009). Secondly, is breach of the duty of care in a medical negligence case, this is when the doctor has not followed the standard protocols when it came to the care of the patient, such as surgeries that were not perform properly, surgical tools left in patient, incorrect procedures done, misdiagnoses and etc. Third is causation as an element of medical negligence which they say is the easiest to analyze because you ask yourself simple questions pertaining to your doctors screw up and if it’s a simple no you can prove causation. Lastly, is Damages as an element of medical negligence which where you must prove that the doctor has caused significant harm to you physically, mentally, and financially while compromising the protocols and standards that are supposed to be followed as well. If, all these four elements can be proven, then you have a case to go forward with and 9 times out of a 10 a settlement as well (Matzo,