Groups » 5 Times You Are Definitely Facing Medical Malpractice

Medical negligence cases are always tricky waters. You know something is wrong, you know you have been harmed, your or your loved one's body is reacting because of some one else's mistakes, yet you are not sure how exactly you will prove it.

Many medical malpractice cases go unaccounted for, simply because the victims and their families don't speak up and acknowledge their doubts about medical malpractice.

This post attempts to throw some light on the prevalence of medical malpractice, and how to know for sure when you or your loved ones have been the victim of medical negligence or malpractice.

The Diagnosis and Symptoms Don't Match

It is necessary that you trust your doctor, but when the doctors' diagnosis does not match your symptoms, it's advisable you consult another doctor, or use the internet for your benefit. There are medically focused sites like webmd.com and yourdiagnosis.com that you can refer to. These websites are helpful as they provide multiple possibilities about your condition.

Sometimes, you may find, that, the diagnosis irrelevant and unnatural, but when you do your research, you realize, it is actually a possibility in your condition. There! your doubt is alleviated. On the other hand,if your doubts are confirmed, you can actually take the information to your doctor and ask him exactly what is going on.

This is a scenario of medical malpractice, but usually can be sorted out in the initial stages if the patient is alert and active in the entire process. Referring another doctor in such a scenario, when the diagnosis and symptoms don't match is also a good idea.

Surgical Errors Lead to Complications

Surgeries however minor they are carry a certain amount of risk. This is why you are required to sign informed consent declaring that you are aware of potential risks involved. But sometimes, errors on part of the medical team performing surgery can lead to complications and other serious problems.

Poor pre-operative planning, flawed work process and faulty communication in the operation theater can all lead to surgical errors. Over-worked surgeons are another reason for surgical errors taking place. It becomes hard for tired surgeons to take smart decisions or concentrate on intricate surgical procedures.

Other common surgical errors include non-intentional puncture of nerves or organs, administering wrong dose of medications, operating on the wrong body part and leaving behind surgical instruments inside the patient.

If you feel your health and wellbeing have been compromised due to these reasons then you should consider approaching a medical malpractice attorney for further advice.

Late Diagnosis of Disorder

When it comes to healthcare, time is everything. If your healthcare provider does not diagnose you correctly at the right time, you go through much pain and suffering absolutely without any reason.

This is sheer negligence on part of the medical professional. Late diagnosis is most frequently combined with misdiagnosis and wrong treatment too. One should definitely file a medical malpractice case if the patient's condition worsens because of the late diagnosis and wrong treatment. Sometimes, this also leads to development of a new injury or ailment.

Keep all reports and prescriptions safe right from the beginning. It's unfortunate when medical malpractice happens, but you will need all possible documents to prove your case and receive compensation for the same.

Understanding Medical Negligence in Nursing Homes

Nursing homes are places where your elders should be provided with proper care, and their medical needs must be met. However, for various reasons, the incidence of medical negligence and malpractice is rising continuously in nursing homes. If your loved one experiences abuse, negligence or malpractice at nursing homes, you must fight for justice, restoration of dignity and compensation.

It must be mentioned here though that nursing home negligence is not easy to identify. The possible situations of negligence or malpractice in a nursing home usually involve the following:

• Failure to provide proper medication at the right time
• Administering wrong drugs leading to life threatening consequences.
• Verbal and physical abuse using medical restraints
• Ignoring medical conditions and needs of the elderly.
• Not arranging appropriate medical staff to treat elderly patients
• revalence of bed sores, infections, cuts, and cognitive disorders

Signs of malpractice or neglect in a nursing home are difficult to identify. So pay attention when you notice symptoms like malnutrition, bed sores, injuries from cuts and falls, sudden occurrence of cognitive and degenerative disorders and withdrawal symptoms in your elders.

More often than not, chances are, they are being subjected to medical malpractice and neglect in the nursing home.

Treatment Resulting in Death

This is the gravest form of medical malpractice, where a medical professional's actions lead to death of a patient. The irony here is that, it is the most difficult to proof. Family and friends in such circumstances are kept in the dark completely. As a result they don't know exactly what happened. There is definitely the possibility of a post-mortem and consequent opinion of another medical expert. But this is easier said than done.

When you know that something is amiss and the treatment of the patient was not done properly resulting in death, the best option is to call a medical malpractice attorney who has an excellent record.

The attorney will further help you to discover what exactly happened and how you can file a case and receive a successful verdict or settlement. Further malpractice lawyers will need to get the opinion of a doctor to take forth the malpractice claim.

Legal Aspects of Medical Malpractice

Medical malpractice is a serious crime and you need to take steps against it. A renowned New Jersey medical malpractice attorney clarifies, “When a person suspects medical malpractice, the moment they suspect it, they should contact an attorney. Many don't do so on the pretext that they have signed a consent form and so they cannot make a claim. It needs to be understood here that signing a consent form or accepting, there is risk involved in the procedure does not mean the doctor can be negligent enough to cause harm to a patient.”

There are legal implications to medical malpractice and the individuals involved in it must be punished. The statute of limitations usually begin from the time the injury is discovered, and a third party expert medical professional's opinion must be submitted before one can file a legal claim.

To Conclude,

With medicine and technology making incredible progress, extent of human errors have been minimized. However, in the medical field human contribution will always play an important role, and so individuals and institutions that cause medical malpractice must be exposed, and menace to human lives and society must be mitigated.

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