Wednesday, September 26, 2007

Real Life Hospital Medical Malpractice Drama?

Real Life Hospital Medical Malpractice Drama? by Attorney Gabirel Cosh


Have you ever watched any of the TV series that dealt with life's day-to-day drama in a hospital like Grey's Anatomy, House M.D. or Scrubs? If you have, then most likely you are familiar with what typically happens in the ins and outs of a hospital: how patients are treated, diagnosed and the like.

The most gripping episodes in these mentioned hospital drama series would be those that dealt with the scandals of medical malpractice. There was one specific episode that deals with wrong diagnoses, mistakes in medical procedures and so much more. There was even one episode in Grey's Anatomy where Dr. Burke had left a towel inside a patient after surgery! It makes you wonder if these kinds of episodes actually happen in our real life hospital day-to-day drama.

It is a fact that doctors don't really have it easy at all. Aside from having the weight of the world on their shoulders in treating patients, they have also been prone to mistakes in handling cases, operations, diagnosis, and even, treatments. Being doctors, they are well aware of the weight of the responsibility in their hands. It has been a part of their study and training to realize that each small mistake can lead to injuries and the worst complications. Sometimes, medical malpractice or doctor's negligence can even lead to death.

"Harvard researchers found out in a study conducted in California in 1974 that 0.8% of hospital patients had either been injured by negligence in the hospital or had been hospitalized because of negligent care. Extrapolation of those findings would have yielded an estimate of 249,000 injuries and deaths from negligent medical practice in 1988." (http://www.medicalmalpractice.com/National-Medical-Malpractice-Facts.cfm).

This is probably why, even when seeking medical attention, we must really be alert with how our doctors have been treating us. We must be careful to avoid being a victim of medical malpractice. Also, we must also be aware of our rights and how to pursue these rights in case of any medical negligence committed against us or against our loved ones.

Acting on the negligence of the medical providers will not only be beneficial to you or your family members, it will also give warnings to the community and prevent them from suffering the same fate.

While most of the time the best remedy against medical malpractice is to maintain a good bill of health, it wouldn't hurt to be aware and vigilant for your day-to-day safety, even in hospitals. In every aspect of our lives, it is better to be careful than to bear the consequences of mistakes, regardless of who or what the cause may be.

For more information about medical malpractice cases consult our Los Angeles Medical Malpractice Attorneys


About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

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Real Life Hospital Medical Malpractice Drama?

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Wednesday, September 19, 2007

Errors During Surgery Frequent Medical Malpractice

by Lynn Fugaro

Each year in the United States, the number of mistakes make by medical professionals during surgery is alarmingly high. Sadly, many, if not all, of these surgical errors could have been avoided. Some surgical mistakes are just outrageous to even believe, such as performing surgery at the wrong site (wrong leg, arm etc.) or, worse, amputating the wrong limb altogether, which does actually happen.

When we enter an operating room as a patient, our lives are in the hands of the surgeon and the operating room team, and we trust them to perform our surgery without making errors, especially ones as egregious as operating on the wrong limb or removing the wrong part/area of the body.

How Common Is It?

Approximately 98,000 hospital patients die each year as a result of medical malpractice involving surgical errors by surgeons and others in the operating room. Medical negligence/malpractice is defined as a medical professional's "failure to exercise the skill, care, and prudence necessary to prevent causing a patient injury or illness." Non-fatal surgical errors occur just as frequently and often result in serious injuries such as paralysis and other permanent disabilities.

When we sign consent forms allowing our surgeons to operate, we tend to believe our surgeon has performed this procedure hundreds, maybe thousands, of times and is competent enough to perform the entire procedure without error. Unfortunately, this is not always the case. Surgical errors are sometimes the most shocking of medical malpractice mistakes and include leaving surgical instruments inside patients during surgery, operating on the wrong site, and sometimes even operating on the wrong patient altogether.

There are many contributing factors to surgical errors including:

· Surgeon fatigue
· Inattentiveness
· Miscommunication amongst surgical staff
· Poor handwriting in patient charts
· Failure to take proper patient medical history
· Failure to note all drug allergies

Because the consequences of surgical errors are so serious, the medical costs involved in "fixing" those errors are extremely high. Patients may have to pay for multiple surgeries to correct the problem; there may be nerve/organ damage; infection; and scarring. The emotional toll of being the victim of a surgical mistake is profound and some patients never recover from their surgeon's grave mistake.

There have been some efforts to correct the growing problem of surgical errors. Surgical teams are encouraged to have a last minute "meeting" in the OR to make sure the correct site is being prepped and to make sure it is, indeed, the right patient being prepped for surgery. Surgeons in some states have also been ordered to mark a black X on the correct surgery site to avoid wrong site surgeries. Some surgeons do not like to participate in these last minute meetings and some don't use the black X to mark the surgery site as they feel they are incapable of making such an error.


About the Author
If you or a loved one has suffered or died due to medical negligence, please visit the website of experienced medical negligence attorney Marc Whitehead & Associates, serving clients in Houston, Baytown, Galveston, Sugar Land and Humble, Texas.

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Errors During Surgery Frequent Medical Malpractice

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Thursday, September 13, 2007

Settlement of Personal Injury Claims

by Atty. Gabriel Cosh


Thousands of claims are filed everyday in order to pursue legal rights and collect damages due to all sorts of accidents. People, instead of negotiating problems, turn to litigation in order to solve their problems. We are at a point in time where we believe that it is better to have somebody to judge or resolve our problems for us instead of dealing with the problems ourselves.

People get in to all kinds of accidents every single minute of the day from: 1. Car accidents; 2. Bus accidents; 3. Motorcycle accidents; 4. Pedestrian accidents; 5. Slip and fall accidents; 6. Product liability; 7. Construction accidents; 8. Medical malpractice; and 9. Other results of negligence.

The above accidents happens everyday and you can see how pursuing almost all accidents in courts can be a problem.

First, the courts are swamped with these tort cases making the wheels of justice turn slower.

Second, it takes a lot of effort in filing claims and pursuing them in court. It doesn't matter if it is a simple slip and fall accident claim, car accident claim or aviation accident claim. The fact is that it takes a lot of time and effort to gather evidences, plan for a course of action and litigate those cases in courts.

Third, filing a case in court can be costly. Even if you are able to get a lawyer who works on a contingency agreement to assist you in your claim case, think of the consequent and incident costs in pursuing your personal injury claims in court. You need to go to your lawyer's office often to address pre litigation or post litigation matters. You need to travel to court also several times during the life of the trial. You may need to contact and meet with the witnesses and insurance personnel for the same reasons. Bottom line, there are hidden costs in litigation even in contingency cases.

Due to the above problems faced by an individual who decides to file a case in court, extra-judicial means of dealing with problems are becoming more popular. Extra-judicial process means alternative modes of resolving disputes like arbitration and mediation.

In a nut shell, it just mean that it is often times faster and less costly to talk about your problems out of court and find a reasonable settlement where both you and the defendant will be comfortable with the outcome.

Next time you get in an accident, try to talk it out with the other party first. You might be surprised that the other party might be willing to shoulder everything and be sorry about the troubles he or she has caused you.

For more information Personal Injury Claims visit us at Los Angeles Attorney Services website.


About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

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Settlement of Personal Injury Claims

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Monday, September 03, 2007

Medical Malpractice Menace

by Rainier Policarpio


It is quite alarming that those doctors who we expect to take good care of our health are those who are also prone to inflict us with much more catastrophic injuries. Medical errors happen in the United States at an increasing rate. These incidents have already victimized many individuals to suffer from various impairments and injuries or even death. More or less, there were 98,000 sick people die yearly due to medical malpractice or negligence. However, these mistakes should have been avoided if only our medical practitioners have exercised their duties well.

Among the errors that most negligent doctors perform are:

- failure to make proper planning before conducting an operation - prescribing wrong medication or drug for certain ailments - improper usage of medical equipment and apparatus in treating patients - failure to detect the precise illness of a patient Once a doctor or a surgeon has entered an operating room to treat a patient, he is presumed to have the capability of doing the assigned job. Hence, if he continues to practice a task away from his field of specialization, he will be very prone to committing surgical errors, which can indeed endanger the life of his patient. Possibly, worse defects may be incurred by the patient or worst; he or she may not leave the room breathing.

Medical malpractice, as defined under the law, is the failure of healthcare providers to perform their duties of preventing and/or curing their patients' illnesses or injuries in accordance to the generally accepted standards. The law has also prescribed that whosoever medical practitioner commits this unlawful act can be charged against and be held responsible for his erroneous action.

The doctor who will be proven guilty of malpractice may be punished and be demanded to pay his patient to cover the damages. These include the following:

- payment for hospital bills and rehabilitation, including future treatment needs, - emotional distress, - pain and suffering, - loss wages and - other general damages resulting from the injury

More so, the doctor's medical license may be revoked depending on the degree of his mistake. If this is the case, he may not be able to practice his profession ever again.

Therefore, it is very important for these health professionals to abide by the rules of their profession. They should keep in mind that the lives of their patients depend of their hands. A single mistake if exercising their job may ruin the lives of their patients. Proper planning before an operation is also advisable to have the least possibility of surgical errors.

For the victims of medical malpractice, the first step of consulting a credible and competent personal injury lawyer is very vital in attaining justice. Have a trustworthy advocate to defend your rights and guide you on whatever legal actions you may pursue.




About the Author
For more information about Medical Malpractice Claims, visit our Los Angeles Attorney Services website.

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Medical Malpractice Menace

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