Medical Malpractice

Submitted By: Lucy Bartlett

Medical malpractice, which is also known as medical negligence, is caused by a physician who gives improper treatment to a health condition, which in turn causes a fresh or worsening health condition. Even though the primary health condition of the patient when he reported for consultation is not the responsibility of the medical practitioner, subsequent problems caused by improper approach in curing the health problem is the sole responsibility of the medical practitioner.

The malpractice may occur due to failure or delay in diagnosing the illness, a mishap, which happened during anesthesia or surgery, or if the practitioner omits to get the concurrence of the patient by providing incomplete details of when a surgery or an operation is to be performed.

Even though a correct diagnosis was made, subsequent improper treatment of the identified illness also constitutes to medical malpractice.

Implants, medical devices or prescription drug misuse also forms part of medical malpractice.

Medical malpractice is bound by the statute of limitations. Even with a valid claim, if a patient waits for a longer period, then the claim will be lost. After the malpractice takes place, a claim should be filed within 2 years. Since medical malpractice involves tricky exceptions and procedures, hence even if two years are elapsed it can still be possible to file a case.

A patient should not try to evaluate the claim by himself or liaise with the doctor or the hospital/clinic to work out a compromise. A decision is made by the insurance company which carried the medical practitioner's insurance regarding medical malpractice and they have the final and real "say" in the case.

It is the obligation of the attorney concerned to efficiently and quickly determine whether there is an actionable, good case. Medical malpractice cases are very expensive to go through, they are complex and can be a high risk for recovery and frequently involve the personal "attachment" of the client.

A detailed medical history dealing with the hospitals and physicians who gave the treatment should be obtained by the attorney prior to the filing of a medical malpractice case. A written summary highlighting all medical treatment received which should include symptoms, conversations with medical professionals and the type of treatment given is required. The attorney will initiate steps to procure all the relevant records from the hospitals or the doctors as a proof of medical negligence.

Normally a medical expert will be appointed by the attorney to determine the extent of medical malpractice. The expert should have been certified in the relevant medical field by the concerned board since he has to appear as a witness to answer questions and give an expert opinion.

With reasonable certainity, the medical expert should conclude that the cause of the damage to the patient is due to the action or inaction of the physician after investigating the procedures thoroughly.

About the Author:

Lucy Bartlett is a proud contributing author. Find more articles here. For more info visit Law or Medical Malpractice

USA Leads the World ... In Medical ErrorsAuthor

Joseph Mercola

Based on a comparison of health care systems in six nations, the 2005 Commonwealth Fund International Health Policy Survey found that America led the rest in inefficient care and medical errors.

Improper Treatment 34 Percent of the Time

Researchers interviewed patients who had a serious condition that required intense medical treatment or had been admitted to a hospital for a condition other than a routine pregnancy.Patients in this country received the wrong medication, inaccurate or delayed test results, and improper treatment 34 percent of the time. A third of the patients polled reported higher rates of disorganized care in their physician's offices. Americans also spent more on medical expenses than those in the other countries, with more than half unable to see a doctor or take prescribed medicines.
12 Percent Spread

The spread between the United States and countries with lower error rates was fairly wide, with a 12 percent difference between Britain, which had the lowest rate of errors, and the United States. The American rate was driven up by fairly frequent test and medication errors.

Health Affairs November 3, 2005Yahoo News November 3, 2005

Dr. Mercola's Comment:Medical errors are a large reason why the current fatally flawed medical paradigm is in such desperate need of transformation. You know the system needs changing when themajority of health care workers observe mistakes made by their peers but rarely do anything to challenge them.

Other clues that the system is broken are thatthe death rate actually decreases when doctors go on strike, and deaths blamed on mistakes made with prescription drugs sold at pharmacies spike at the beginning of each month.

If you want to improve your health without relying on "the wonders" of conventional medicine, I urge you to review a recent study I posted that directly addresses this issue.

The sad tragedy is that the conventional medical paradigm is fatally flawed.The United States is spending$2 trillion every year for a system that is based on disease management focused on drugs and surgery that fail to address the underlying cause of disease.

Additionally, clever manipulation of the official government death rates conceals the fact that the conventional medical system, not heart disease or cancer, is the leading cause of death in this country. Yet, in all fairness, physicians themselves are not the primary reason, as they are under the pernicious influence of the multi-billion-dollar marketing umbrella of the drug companies.

Our return on this investment is profoundly poor. The bottom line is that the system is crumbling before your eyes. The very economic stability of the United States is threatened by this abuse. The good news is that the expense and misery can be powerful motivating factors to change.

Corporately I am targeting next year for a dedicated alliance initiative with health care professionals to tackle this challenge and catalyze a major transformation in the system.

However, personally, if you want to take a giant step toward better health for you and your family, as well as eliminate your dependence on the dishonest and harmful health care system, please consider my Total Health Program. My how-to book goes into much greater detail about the proven health strategies I discuss on my Web site and use in my practice -- and life -- every day.

Here are a number of ways you can achieve optimal health without the use of harmful drugs: Eat the proper diet based on your body's unique metabolic type. Start an exercise program today. Limit, with a plan to eliminate, grains and sugars from your diet. Take a high-quality fish or cod liver oil daily. Consume your foods as close to raw as you can.

Medical Malpractice Explained

Submitted By: Stefan Rockhaus

There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment - things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else. The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.

There is a specific medical malpractice law developed in many countries now. The law's coverage may be different from one country to the other. Anyone providing medical care would come under this; which means even dentists, nurses, therapists and chemists would be included. Even hospitals and clinics would be charged for the mistakes of the employees.

Claims can be made by you incase of the following three things:

* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances.
* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.
* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.

Medical Malpractice Insurance

Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers. Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.

Malpractice Benefits:

Though almost all diseases come under medical malpractice, the five top most diseases that receive the highest monetary awards are:

1. Breast cancer
2. Lung cancer
3. Colorectal cancer
4. Heart attack
5. Appendicitis

The allegations made are mostly for delayed diagnosis or improper testing. So as a result of the delay, the patient suffers severe complications which may sometimes lead to death. This is the reason why large monetary awards are related with these diseases.

There are several obstacles for you to overcome to successfully win the award. The first thing that you should know is that you should start the case before the statute of limitations runs out. This is the time period under which the case should be filed, as in many areas compensation is not paid after the expiry of the time period. The second obstacle for you is to prove that it was malpractice and not just a medical error as a result of side effects caused by drugs or surgeries. So do not let your case be proved a medical error, which is considered normal.

For any legal advice you must consult a good and well practiced attorney or someone you can trust.

About the Author:

Article by Stefan Rockhaus. Visit http://www.guideto-malpractice.info for further info and advice on medical malpractice. You may reprint this article as long as no changes are made, and this resource box is left intact. - Find related resources at http://www.information-point.info

Medical Malpractice Defined

Submitted By: Robert Thatcher

A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.

Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.

Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient's health, this is considered malpractice.

In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.

The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.

First, take a look at the mistakes which classify as medical malpractice:

1. injuries relating to birth
2. incorrect dosage and dispersal of medicine or error with prescription
3. incorrect or delayed diagnosis of an ailment
4. improper treatment
5. surgery mistakes
6. failure to refer to a medical specialist
7. health complications from anesthesiologists
8. improper procedures performed on emergency rooms
9. abuse of patients in nursing homes, children's ward and other medical institutions
10. mistakes with the general treatment of a patient

There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.

More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.

In the medical profession, there should be zero tolerance for negligence because people's lives and their health are at stake.

'Medical Malpractice Laws and Cases'

The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.

If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about
this.

If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.

Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.

Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider t he financial and legal merits of your case before they formally proceed to court.

Medical malpractice is a growing problem in the United States. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.

About the Author:

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides malpractice resources on www.aboutmalpractice.info.