Misdiagnosis of Vagina Cancer and Medical Negligence

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Vagina cancer is a type of cancer that forms in the vaginal tissues of a woman. This area is also referred to as the birth canal. Anytime that cell production does not function normally, and growth is disturbed or changed in any way, cells can divide quickly and start to grow out of control. When this occurs, cancer can result, because of damaged that has affected the part of the cell that is related to genetic material called deoxyribonucleic acid (DNA). It is not completely understood what causes vagina cancer.

As the disease progresses, the symptoms that are associated with cancer of the vagina become more numerous. Nearly twenty percent of all cases of vagina cancer have no symptoms at all. The only way these cases are found is through abnormal results of a Pap test.

For the most part, vagina cancer is rare, and makes up the smallest number of cancer cases seen in women. While, as mentioned above, there are not many symptoms associated with the condition, there are a few things that have been observed, such as: vaginal discharge that is tinged with blood, bleeding following sexual intercourse, and pain or discomfort in the area of the pelvis. Other symptoms that have reported include: blood in the urine, difficulty passing urine, frequent urination, and pain in the area of the rectum. Since vagina cancer is rare, there are not a lot of cases seen on a yearly basis, which makes it hard for medical professional to become familiar with this type of cancer. This leads to a much greater chance of a misdiagnosis happening, which is inevitably a form of medical negligence.

There are two forms of vagina cancer that can affect women of just about any age. These two forms are as follows:

Adenocarcinoma Vaginal Cancer: this form of the disease typically affects younger women who are under the age of twenty. This form is not commonly seen.

Squamous Cell Vaginal Cancer: this form of the disease typically affects women who are between the ages of fifty and seventy years old. This form is more commonly seen.

In order to properly diagnose vagina cancer, you will need to stay current with routine checkups with your primary care physician, or with your gynecologist. Because most practitioners do not see many cases of the disease, there is a high risk of a misdiagnosis happening. That being said, if there is even the slightest suspicion of vagina cancer being present, the physician should send the patient to a cancer specialist who is more familiar with this disease, so that more in depth testing can be conducted. Tests that should be ordered include an internal vaginal examination, a cervical smear, a colposcopy, and a biopsy. Any area that appears to be abnormal for any reason should be further examined by collecting a tissue sample for microscopic review.

The best possible prognosis will come from the proper tests being ordered, the results being received in a prompt fashion, results being interpreted properly, and effective treatment being started right away. Any delay in treatment, for any reason, especially due to a misdiagnosis can be devastating and can lead to a fatal outcome. This is because the longer vagina cancer is left untreated, the greater the chance it will spread to other areas, and other organs, making it nearly impossible to treat.

If you or someone you know has been harmed because of a misdiagnosis of vagina cancer, it is important that you understand that you have legal rights, and you may be entitled to receive compensation for your injuries by taking legal action. The best possible way to go about taking this action is to contact a personal injury attorney who specializes in medical negligence and malpractice. These professionals are quite skilled in this area of the law, and know exactly how to proceed.

A personal injury attorney will examine all the details of your claim in order to ensure it is viable, and then will make recommendations on the best course of action. From this point, the attorney will handle all of the details on your behalf, leaving you with nothing to deal with except your own personal recovery.

Best of all, most personal injury attorneys work on a contingency basis, which means that you do not have to worry about how to pay for your claim upfront. You pay nothing until the time your case settles. This can make all the difference in the world for someone who is on the fence about how to proceed with their legal claim because of having a tight budget.

Once the claim is filed, your personal injury attorney will work hard to seek compensation for your past, present, and future medical expenses, any loss of income because of having to quit your job, as well as pain and suffering.

Since these types of cases can be quite complex, it is not recommended to attempt filing on your own without legal representation. The laws that govern medical negligence and malpractice cases can vary a great deal depending on the jurisdiction that oversees them, which can make filing somewhat confusing. A personal injury attorney completely removes this hassle, and will take care of every last detail.

Medical negligence claims are particularly concerning, and when they deal with cancer misdiagnoses can be absolutely devastating. These incidents should have never happened should the proper amount of attention been paid to the details, and the person or people responsible for the mistake need to be held accountable. Not only will you be seeking justice for yourself, and for your family, you will also be taking actions to help prevent this from happening to any other innocent victims.

Do not delay in seeking legal guidance for your claim. There are strict statutes of limitations that must be adhered to in order for your claim to proceed. Medical professionals have teams of legal representatives working hard to protect their interests and so should you. You have nothing to lose, but so much to gain.

For information on medical negligence lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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A Definitive Guide on Medical Malpractice

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It is alarming that about 98,000 people die every year due to medical malpractice. Doctors are not the only ones involved in these cases. They also involve nurses, dentists, therapists, and other medical practitioners. These kind of malpractice like legal malpractice involves negligence. The former specifically refers to improper and negligent performance of the doctor or any other medical professional in the diagnosis, care, and treatment. This takes on various forms including surgical errors, prescription mistakes, late or wrong diagnosis, failure to diagnose a certain disease, injuries during childbirth, errors in the administration of anesthesia and many more. Almost 100,000 people could have been saved if these errors were prevented. But death isn't the only result; injuries, disabilities, and trauma can also arise from mistakes committed in the medical facility.

Filing Medical Malpractice Complaint

The legal remedy for such event is to file a medical malpractice lawsuit against the doctor, hospital or medical practitioner involved. Since these are known for being difficult and expensive, it's a must to have a reliable and competent medical malpractice lawyer at your side. Most attorneys give free initial consultation and advice regarding what to do about the matter. Since there is what you call a statute of limitation for these complaints to be filed, it's necessary to file it as soon as possible. The statute of limitation means that there's only a specified duration of time that the complaint can be filed. If filed after this, the complaint will not be accepted by the court and the plaintiff will not receive any monetary compensation even if the complaint is valid and has strong evidence.

Legal Requirements for the Medical Malpractice Complaint

In order for a medical malpractice complaint to be valid, it should have these three elements: negligence, damages (injury) and causation. Having all these elements are necessary to build a strong case. Negligence refers to the error of the doctor or deviation from the standard medical procedures. For every given medical treatment, a standard procedure of care is provided for the diagnosis and treatment of the patient. If the doctor fails to follow that whether intentionally or unintentionally, negligence is present. For example, if a 60-year-old woman goes to a hospital due to chest pains, the doctor must have her undergo standard tests to check for heart diseases and other possible health problems. If not, this can be considered as negligence in the part of the doctor and hospital.

In medical malpractice, damages include medical expenses, lost income, lost future earnings, future medical bills, pain and suffering and other personal damages. Finally, there should be a causation or a link between the two elements mentioned above. The negligence must have caused damages that are enumerated above for the claim to be considered valid as a medical malpractice complaint. This is the element that is the hardest to prove in cases like this. But with a good lawyer to help you prove that the medical professional's negligence did indeed cause you damages then you would be able to make a claim for monetary compensation.

For more tips and information about legal malpractice please visit: medical malpractice.

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Medical Animations: A Useful Tool in Medical Malpractice Cases

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Medical Malpractice in the U.S.

Medical malpractice is big business. Estimates are that medical liability costs in the U.S. exceed $40 billion annually. The stakes for both sides are very high. Plaintiff attorneys, working on contingency arrangements typically front the costs of litigation in the hopes of a giant payday for themselves and their clients. Defense costs are borne by the physicians themselves, either directly or indirectly via insurance premiums. In addition, physicians risk licensure restrictions, damage to their professional reputation and even the potential for loss of livelihood from an adverse verdict.

The past few years have seen sharp surges in malpractice insurance rates driven in part by greater frequency of litigation, larger awards and/or increased defense costs. The average payout, as well as the number of cases with verdicts exceeding $1 million has increased substantially. Attorneys often point to jurors' capabilities to explain unexpected verdicts.

Juries in the U.S. are selected from the general population pool. Although physicians are included in potential jury pools, they are typically eliminated in medical malpractice cases during the process of jury selection called voidere. Occasionally other medical professionals are selected to sit on juries involving medical negligence. However, more often jurors have little or no medical background. The argument has been made that medical malpractice cases are too technically complex for the average layperson to fully grasp within the brief timetable of a trial. A successful outcome is often linked to the attorney's ability to effectively convey his point of view.

Attorneys for each side try to create the greatest advantage for their clients by employing a number of legal tools at their disposal. The attorneys argue the case for, or against, the physician's negligence using traditional evidence such as medical records, witness testimony and medical expert opinions. At trial, medical illustrations and artwork are often utilized to clarify or emphasize a point to the jury. We have incorporated the use of computer graphics to create enhanced medical illustrations.

Medical Animations: What are they?

Illustrations presented at trial have traditionally been static diagrams or sketches presented to sharpen a visual image for the jury. Medical illustrations may be used to demonstrate anatomy or physiologic pathways to help explain pathologic circumstances. Surgical procedures can be illustrated using diagrams from textbooks or journals. Computer technology and advanced software applications have allowed us to take medical illustrations to the next level.

Plastic surgery and dermatology are very visual specialties. Often results are in highly visible areas for the entire world to see. In addition, these procedures are typically photographed by the physician. The photo-documentation incorporated into these procedures creates a unique opportunity for useful medical illustration at trial.

In cases of alleged medical negligence, information is gathered from these photographs, as well as medical records, operative reports, sworn testimony, expert medical examination, and journal or text references. In order to defend against admissibility challenges at trial, the information is totally customized to the plaintiff's circumstances. The information is loaded onto the computer and using advanced software is enhanced into a dynamic medical animation.

The Animation Team

The process is coordinated by the attorney, the expert physician and the computer graphic artist. The attorney determines the goals to be emphasized by the animation. These goals may be to explain the steps and decision points involved in a particular surgery or perhaps how a revisional procedure could mitigate potential damages.

The lay public often tends to minimize plastic surgery procedures. Despite complex anatomy and surgical physiology, aesthetic procedures are often relegated to simplistic terms such as a "boob job" or a "nose job". Ironically, these procedures are often difficult to conceptualize, even by other physicians. They require a keen sense of spacial relationships and topography.

Attorneys often feel that educated jurors are more likely to empathize with their client. The medical animation gives the lay person a unique view into a customized operation. Another area where the animations are utilized is to fill in gaps of previous surgery or proposed corrections where photographs may not be obtainable. A proposed surgical correction may significantly impact the damages claimed by a plaintiff.

The expert physician is a critical component of the team. The physician must interface between the goals of the attorneys and the skill of the graphic artist. It is up to the expert physician to incorporate all of the available facts and accurately synthesize the information into a logical educational sequence.

The computer graphic artist is given the great responsibility of making the evidence come to life. The process is similar to creation of a cartoon. Using the available photographs, data and diagrams, the artist undertakes a painstaking, frame-by-frame assembly of the animation. Intervening movement is added by using computer generated images. The process involves an active dialog among the three team members until the final product is created.

(see Case Reports below)

Conclusion

Medical animations are a new tool that can be utilized by physicians and medical malpractice attorneys. They have been used successfully both at trial and at mediation proceedings. Current use of medical illustrations is helpful but only static in nature. Simple verbal descriptions are inadequate for aesthetic cases.

Case Report (C.L.)

The patient is a young female who underwent a conventional, Wise-pattern breast reduction. Post-operatively she developed keloid scars. The surgeon injected her with Kenalog. The peri-areolar scars spread and the patient complained of a deformed appearance. A medical negligence action was filed against the surgeon alleging that the Kenalog concentration was excessive and caused skin atrophy and spread scars.

Upon careful review of the records it was noted that the patient had gained 100 lbs. and her breast size grew from a pregnancy following surgery. The plaintiff was required to undergo an expert medical examination (E.M.E.).

The defense argued that it was the additional breast weight, and not the Kenalog, that caused the scars to spread. Moreover, it was argued that she would benefit from a secondary breast reduction and, based upon the patient's measurements taken at E.M.E., the surgery would eliminate the entire area of unsightly scarring.

A medical animation was created using the patient's own photographs, the operative record, measurements taken at E.M.E., textbook diagrams and computer graphics. The goal was to educate the jury about breast reduction surgery and demonstrate how a secondary breast reduction would completely eliminate the patient's complaints and therefore mitigate any damages claimed. The medical animation was narrated and explained by the expert at trial. The jury returned a verdict in favor of the defendant physician.

Case Report 2

A teenage female underwent breast expansion and reconstruction for significant asymmetry. Years later she underwent a second procedure, including prosthesis exchange and contralateral reduction mammaplasty. The patient sustained complications and a perceived poor outcome from the second procedure and filed suit against her surgeon. She subsequently underwent a third surgical procedure to revise the results.

The three stages of surgery were recreated using the computer-enhanced medical animation incorporating the patient's records and photographs. Pictures of the patient's initial pre-operative state were not available; therefore, computer software was used to digitally morph the post-operative photographs to demonstrate her likely appearance.

The medical animation is a dynamic, customized and accurate computer graphic that allows jurors a much greater understanding of the relevant issues of a case. The cost of an animation will vary depending on the length and complexity. However, it should be weighed against the potential costs of an adverse verdict.

Jorge A. Perez, M.D., F.A.C.S. is a board certified plastic surgeon in private practice in Ft. Lauderdale Florida. He serves as an expert in matters of medical malpractice. Dr. Perez has been repeatedly selected among the Castle Connolly (U.S. News & World Report) America's Top Doctors. More information is available at http://www.perezplasticsurgery.com/ or call (954) 351-2200.

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The probability of success In a medical lawsuit In Canada

Medical causes get a lot of press, media attention and blogging comments. And while medical malpractice lawsuits offer large prizes in the United States, this does not hold true in Canada. In fact, many would argue that in the United States, medical malpractice awards are so out of proportion to the injury plaintiffs are suffering. Here in Canada, doctor lawsuit awards are much lower. A medical lawsuit that is sure to have success in the United States is not a result that is economically feasible to consider pursuing here.

Why you might ask? Canadians aren't, just like the wounded in a medical malpractice case as an American? Most doctors in Canada is defended by Canadian Medical Protection Association (CMPA), an organization with a great deal of influence and a large amount of money. With billions of dollars in assets, the CMPA is dedicated walking by their doctors. The organization uses its vast financial resources to hire the best lawyers and defence experts defend accused doctor of doctors in a medical malpractice lawsuit.

The victims of these malpractice lawsuits, however, are already struggling financially from their injuries, medical expenses, rehabilitation, medical care and lost wages. As a result, the financial challenge that just involve a medical lawsuit isn't worth the victim of medical malpractice. Apparently asked a challenge, a lawsuit against a member medicine CMPA is doomed to failure.

Defenses that doctors use to defend a lawsuit medical malpractice include:

• Forseeablility-doctors are commissioned with the duty to protect their patients from risks and dangers. Biosphere However, doctors frequently claim that the result of a particular medical procedure was an unpredictable and therefore have a defense.

•The patient has contributed to or caused the injury-this defense makes the case that a patient has not followed the instructions of the medical or medical advice.

• The risk was a recognized one-this defense is used when a physician explains the risks of a procedure and the patient gives what is informed consent. What happens here is that medical claims he/she is not responsible for injury to an individual patient because the risk was covered in the information provided to the patient and the patient chose to take the risk.

• The injury was caused by another-as the defendant in a lawsuit, medical place routinely blamed on faulty equipment, hospital personnel incompetence or other medical treatment.

• The injury was a pre-existing One – this defense claims that the patient had a previous condition or injury that have contributed or one for which has been filed the lawsuit caused medical.

A Medical Malpractice lawsuit requires a specialist lawyer lawsuit

Pursuing a lawsuit medical malpractice is not for the faint of heart. Before filing a lawsuit, make sure you are committed to an experienced medical malpractice attorney experienced Canadian lawsuit and have in hand all your medical records.

If you are looking for additional information on medical malpractice litigation in Canada, please do not hesitate to contact a personal injury attorney or medical malpractice lawyers now, time is a problem, don't wait.

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Medical Malpractice in Pediatrics: What Every Parent Should Know

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Your child means the world to you. You do everything to make sure that he has everything he needs to live healthy, safely, comfortably and most of all, happy. When a child suffers from a serious injury, disability, or even death due to a medical error, it's understandable that a parent would feel rage against the doctor who committed the mistake. Every parent should know about medical malpractice in pediatrics. Every parent should be aware that even topnotch doctors can commit the worst mistakes in the field of medicine that they are supposed to be experts of. Every parent should learn that medical malpractice or negligence is something that they can fight against.

Pediatric malpractice can happen anytime. It can involve negligence in neonatal care or failure to diagnose a chronic disease in teenage children. Most of these cases are difficult and complicated. As you can imagine, the doctor and the hospital will not be too accommodating when it comes to offering you with the information you need to file the claim. They may distort some facts or choose not to disclose pertinent information regarding the case. It's possible that they will not explain truthfully or properly what really happened that caused the injury, disability or death of the child.

Because of this, parents should be aware of what can be included in a valid pediatric malpractice claim. These are complications from surgery, mistakes in the administration of anesthesia, misdiagnosis or failure to diagnose a disease, avoidable birth trauma, pediatric burn injury cases, negligence during the postoperative recovery, errors in nursing, infections, failure to diagnose infections, and errors in prescription. As with any other medical practitioner, it's also possible for a pediatrician to commit varied mistakes when providing care and treatment to your child. But those that cause the most common cases of pediatric malpractice are failure to diagnose or misdiagnosis of pneumonia, infection, meningitis, appendicitis and errors in prescription.

If it happens that you suspect of medical malpractice in the way your child's treatment and care were handled, you must collect and review all of the child's medical records, evidence, testing reports, and evidence. All these are necessary for filing the malpractice claim. You'll have better chances of recovering compensation that your child rightfully deserves if you are equipped with complete documents. Since complete and accurate records are to be kept by the physician, hospital or medical facility where you child was given treatment, you can ask them for these documents.

Right now, there is no special area of law that addresses malpractice injury in the field of pediatric. But the medical malpractice law that applies to the adult also applies to a child. A lawyer who's experienced in malpractice law is qualified to handle such case. If you have a personal injury attorney and lawyer, he/she can refer you to a smart and efficient medical malpractice lawyer. It's of utmost importance to find a good lawyer to back you up through every step of the way.

For more tips and information about medical malpractice please visit: personal injury attorney & lawyer.

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Should You Make A Medical Negligence Claim?

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When we have been mistreated by a medical professional we are entitled to compensation via a medical negligence claim. However, many people are reluctant to make such a claim. There are a number of reasons for this.

Not Knowing Your Rights

Some people aren't even aware that they are entitled to make a medical negligence claim if they have been mistreated, misdiagnosed or received poor care. Of course, the medical profession isn't going to shout about the fact and so patients are largely unaware of their rights. It IS the case, though, that if you have suffered because of poor treatment then you CAN make a claim.

Not Knowing If You Qualify

A lot of people are understandably unsure if they qualify for medical negligence compensation. It is a complicated area of law but if you feel you have suffered physical or mental symptoms as a result of poor care, misdiagnosis, poor treatment or even bad advice then it is worth contacting a medical negligence solicitor so they can review your case and advise you accordingly.

They will establish if the person or institution had a duty of care towards you, whether or not they failed in that duty of care and the level of suffering you have experienced. All of this will help determine if you have a case or not and what level of compensation the solicitor will seek on your behalf.

If you do have a case they will then be able to progress medical negligence claims on your behalf and you can look forward to some level of compensation that will aid you in your recovery.

Feeling Guilty About Suing

Medical practitioners are, in the main, people we trust. This especially applies to GPs and midwives but even they can make mistakes. However, because of the trust we put in them and the often close relationship we can have with them some people find it very difficult to bring a claim when a mistake is made.

We don't want to think that we'll be ruining the career of a GP we've known all our lives or a midwife that had done a great job but made one small mistake. This is perfectly understandable, but it doesn't change the fact that there is still a case for medical negligence and the compensation that can follow.

Patients should remember that they won't be receiving their compensation directly out of the pockets of their GPs or other medical people, they will be paid out of the substantial insurance that every medical professional has. It is also unlikely that any careers will be ruined unless the mistake was incredibly serious and the professional is deemed unable to do their job - in which case, you are doing future patients a favour by removing them from harm.

Whatever your feelings about the likelihood of having a case or doubts about suing, speak to a specialist medical negligence solicitor to get the best advice there is and to ensure that you you receive the correct level of compensation should it be determined that you have, indeed, suffered from some kind of medical mistake.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, clinical negligence solicitors and experts in medical negligence claims for compensation.

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Medical billing and Medical Records Review, after your review of accident

When you're involved in an accident and suffer injuries, you may bring a civil suit against the party responsible for causing the accident. You can also settle your case out of Court by an agreed amount paid by the person who hurt you. In both cases a medical record review can become necessary to validate the injuries sustained in the accident and treatment you received. In addition, a review of medical billing may need to be conducted to determine which expenses incurred. This helps to establish the costs of care that should be compensated.

The purpose of incident is to make a whole new recurring, which means that the plaintiff should receive full compensation for damages: actual medical expenses and expenses for injuries sustained. A review of medical records and bills from legal nurse consultants trained and billing accounts can help to bring out all the relevant information on injuries and invoices so an applicant can get the amount they deserve. Having your use of Attorney professional resources review will ensure a fair which will allow you to return to life as you knew.

Medical Record Review

A review of the medical record can be done for a number of reasons after a personal injury. Medical record review can also be done in the course of medical treatments and analyze the types of care be provided than what is normal for a particular type of injury.

Doctor examination record must always be performed by qualified professionals. The details uncovered during review medical record can be used as a tool for negotiation with the insurance company or as evidence in a jury trial, so confidence in the results absolutely indispensable. Legal nurse consultants are experts in legal and medical field and are generally the best people to conduct this type of review.

Medical Billing Review

As a medical record review, a review of medical billing can be an important part of a personal injury case and can be done for a number of reasons. For example, a review can be carried out in the framework of a comprehensive verification and processing medical bills. In this case, the purpose of the medical law review is to determine whether the services paid for were actually rendered or to determine whether the costs are in line with industry standards. A medical billing can also review compares the cost of services to regional and national media costs or just calculate the total amount paid in order to determine an appropriate amount of compensation for medical expenses.

In many cases, review of medical billing also implies that separates unrelated medical expenses in order to get a better understanding of where the treatment costs are being incurred. An explanation of benefits can also help to clarify exactly the bottom line costs. Review of medical billing can also help uncover problems such as do double service charges.

When you work with medical billing expert review, it is important to work with professionals who have experience in the specific field. This may include working with professionals who have both legal expertise and experience in medical coding. Medical experts review both billing and medical records review specialists can help in every personal injury case to make sure that justice is done.

Know more about Medical Bill Review and Medical Record Review visit us at MedLegal. com.

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Steps in Filing a Medical Malpractice Complaint

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Medical malpractice is the most common legal complaint that involves hospitals and doctors. This takes place when a medical error, even the smallest or simplest one, occurs due to negligence or carelessness and results in injury, disability or fatality. It's a popular misconception that for a medical error to be considered malpractice, death should occur. It's not necessarily that way. If a mistake committed by a doctor or member of the medical staff results in serious injury or disability, this can also be grounds for a medical malpractice complaint.

Some of the common errors in medical malpractice include failure to diagnose or misdiagnosis of a disease, improper treatment, surgical errors, incorrect administration of anesthesia, prescription errors, and so on. If you or anyone in your family member were a victim of medical malpractice, you can file a complaint and recover for damages. Here are the steps that you need to undertake regarding this matter.

Talk to a lawyer

The first step is to find an attorney who specializes in the area of medical malpractice. Having a good lawyer by your side will help make things easier and less complicated for you. As you can probably imagine, the doctor or hospital that committed the error would do everything in its power to safeguard his/her/its reputation so you can expect that they will not be too easy in disclosing information pertinent to your case. A lawyer will help you get through this obstacle. Since most of medical malpractice cases involve lots of money, the doctor and hospital will have their malpractice defense lawyers fight arduously for the case.

Get certification of merit

Your lawyer will have a medical professional on his/her staff who will be ready for consultation regarding the details of the case. This medical professional will give a certification of merit to confirm that negligence in the medical care or treatment was present.

Notify all the parties involved

It's not only the doctor who's involved in the case but also the nurses and hospital (or clinic or any other medical facility). They will all be notified about the claim. They in turn will get in touch with the medical malpractice insurance providers to notify them about this. Their defense attorney will start to build defense.

File the suit

After it has been established that the case is meritorious, you and your lawyer can now work to file the case in the civil court. This will begin the legal process. The parties will have time to establish their cases and build their evidences. This will help determine the strength of the claim.

Consider settlement negotiations

Most of the cases that involve medical malpractice are settled out of the court. Since both parties are aware of the costs and risks of taking the complaint to trial, they usually agree to settle the amount out of court. If it happens that the amount of damages are not amicably agreed upon, then the plaintiff attorney will bring the case to the court.

Like legal malpractice, medical practice cases are hard and complicated. It's best that you have a good lawyer to help you in every step of the way.

For more tips and information about legal malpractice please visit: medical malpractice.

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Types of Medical Malpractice

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Medical malpractice is a tragic reality in many people's lives. It is estimated that nearly 200,000 die in the U.S. every year due to hospital or doctor errors. Many more suffered from serious health complications or injuries. What makes these cases so heartbreaking is that people trust medical professionals to have their best interests in mind and seek to make every effort to help them. When the exact opposite happens, it can be difficult for them to know where to turn for help. If you or a member of your family were injured or suffered an illness and you believe it was due to medical negligence, please contact a medical malpractice attorney as soon as possible.

There are countless types of medical malpractice; however, there are some errors that are more common than others. Anesthesia is used for numerous types of surgeries to numb the area of the patient being operated on or to completely put the patient to sleep. This drug is safe when used correctly, but when it is administered in the wrong dosages or the patient is not properly monitored, it can result in death. If the anesthesiologist fails to notice a complication or see that the patient is having an adverse reaction to the drug, they could be held liable for negative consequences.

Another heart-rending consequence of medical malpractice is birth injuries. Birth injuries can occur while the baby is still in the womb or may be sustained during labor and delivery. Some of these injuries are unavoidable, while others are the direct result of a doctor error. There are many types of drugs that can lead to birth defects, but usually the manufacturer places warning labels on the medication. If they failed to do so or your doctor prescribed you drugs that proved to be harmful to your unborn child, this could be a case of medical malpractice. Brachial plexus injuries are also common during delivery. In some cases, a Caesarean section should have performed as would have avoided damage to these nerves in the baby's neck and arm. Any wrenching or pulling to the child's shoulder or neck can damage the brachial plexus and lead to paralysis.

Lastly, many people are made to suffer when their doctor failed to diagnose them correctly, and thus, failed to give them the proper treatment. The incorrect treatment may be ineffective in the least, and at the worst, make the condition graver. There are several variables which may lead a doctor to give a misdiagnosis, one of which is negligence. It is their responsibility to investigate every possible avenue regarding what the problem may be and it is on them if a patient suffers. If you have been the victim of any of these types of injuries, please contact a legal representative from your area so that you can get the justice you deserve.

The Law Offices of Joseph M. Lichtenstein, PC is a medical malpractice law firm dedicated to helping victims in New York City and the surrounding areas. With over 60 years of combined experience, each New York medical malpractice lawyer from their firm understands how difficult it is to cope with medical malpractice both towards yourself or your family. They have recovered millions of dollars in verdicts and settlements for their clients and they fight tirelessly to secure the maximum amount of compensation for those who need it. If you would like to learn more or speak to a member of their legal team, contact an NYC medical malpractice attorney from their firm today.

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Using Medical Experts in Personal Injury Cases

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Personal injury litigation is a very complex process for plaintiff's attorneys, defense attorneys and injured victims alike. While plaintiff's attorneys and defense attorneys are experts in the law, personal injury cases often require the aid and assistance of a medical expert in order to review and understand the implications of the medical evidence and medical bills associated with the case.

When an accident occurs, plaintiffs are entitled under tort laws to seek justice from the person, people or entity who allegedly caused harm. In the American system of jurisprudence, the justice that an injured victim seeks is compensation, which usually comes in the form of monetary compensation. This is different than the justice sought by a district attorney in a criminal law case, although the same wrongful act can often lead to both a district attorney pressing criminal charges and a victim seeking monetary compensation.

When a victim does seek monetary compensation, he or she must prove a case in court or must settle outside of court for an amount that is agreeable to all parties involved. This means a plaintiff must prove injuries occurred, prove the cause of those injuries, show the extent of those injuries, and show the cost of treatment.

Medical experts can assist plaintiffs in building their case and in gathering the necessary evidence to demonstrate both the severity of the injuries and the extent of monetary compensation appropriate for those injuries. Medical experts can also work for a defendant, helping to evaluate whether a plaintiff is being honest either about the extent or cause of the injuries, or whether a plaintiff's medical bills are reasonable based on the injuries that are present.

Types of Medical Experts

Medical experts come in many different forms, depending on the role they are playing in the personal injury claims. For instance, nurses can assist in understanding a medical diagnosis and in explaining the likely consequences and complications of that diagnosis. They can also decipher between pre-existing conditions and injuries, and those that occurred as a result of the present claim.

Medical coders understand the complex system of codes used by insurance companies and doctors for billing and payment for services. A medical coder can thus help the plaintiff or the defendant in keeping tabs on the cost of treatment. An auditor can review the bills in order to make sure that they are reasonable; that there are no financial irregularities occurring; and that the services billed were actually rendered.

Finally, life care planners serve a special role in personal injury cases and must be consummate medical experts. Life care planners estimate the level of ongoing care that an injured plaintiff will need if the plaintiff was disabled in such a way that necessitates many more years, or even a lifetime, of medical assistance. Because a plaintiff is entitled to be compensated for all medical costs arising from an injury caused by a liable defendant, a plaintiff should be able to collect the full amount of medical costs that will be necessary for the rest of his or her life. A life care planner will be responsible for determining what that ongoing care cost will be. As a result, the plaintiff isn't left high and dry without the ability to provide for later care, and a defendant doesn't get stuck paying for a lifetime of treatments that aren't really necessary after all.

Know more about Medical Experts and Medical Legal Consulting visit us at MedLegal-La.Com

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Making a Medical Negligence Claim and Why Using Professional Negligence Lawyers Makes Sense

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Medical negligence is a serious issue that can also often be highly emotive for the people involved.

This is why it is so important to seek the advice of experienced, professional negligence lawyers if you think you might be dealing with a case of medical negligence.

Using professional negligence lawyers will help to give your case the best chance of succeeding if it turns out that you do have a valid professional negligence claim. Medical negligence can take a variety of forms and it can be enacted by professionals such as doctors, dentists and others. For instance, if a doctor was to act in a manner or provide a course of treatment for you that no other reasonable medical professional would have done under the circumstances, this could count as a case of negligence.

Also, if a medical professional were to misdiagnose you - especially if you were then given an inappropriate course of treatment or suffered unnecessarily as a result - you might also have a case for making a medical claim. This could also be the case if a medical professional failed to act when required or if they mistreated patients in care. However, bad customer service isn't a case of negligence, which is why it is important to talk to professional negligence lawyers if you are concerned to see whether you have a valid case.

Making such a claim can often be complicated as it can take in different areas of law. For example, a negligence claim might not just apply to the medical professional in question, but if faulty drugs or equipment were used during the course of your treatment, the case might also have to expand to include the manufacturers of that equipment, depending on the exact nature of your claim. This is why it is so important that you use professional negligence lawyers who are highly experienced in the area and know exactly what they are doing.

They will be able to investigate on your behalf and, if necessary, seek outside medical advice. This can be helpful when it comes to verifying whether or not you have a case of negligence. Your lawyers will also be able to act on your behalf when it comes to informing the professional in question that you will be making a claim against them, as well as representing you in any discussions, settlements or court proceedings that might occur as a result of your medical negligence claim.

If you need help with a medical negligence claim then contact Bonallack & Bishop. The firm houses specialist professional negligence lawyers who can offer you invaluable help and advice. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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How To Seek A Medical Negligence Claim

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When you check into a medical facility, it is because you need some form of medical attention, and you trust your physician to provide an adequate service. However, sometimes the physician may fail to provide what you paid for or worse still, make critical mistakes such as wrong diagnosis, failing to refer you for specialized treatment in time or any other life threatening mistake. This is legally referred to as medical negligence, and the law allows you to file a medical negligence claim against such a practitioner in order to indemnify for damages incurred.

If you become a victim of medical negligence, you have the legal right to seek restitution. The key to filing a successful medical compensation claim is proving that your physician failed to follow the right medical procedure while treating you. Since this can be an extremely challenging task to a layman, you need to engage the services of medical negligence lawyers in order to win your claim. Here are four essential steps that you need to follow while filing your medical compensation claim.

Your first step towards seeking restitution for your medical damages involves contracting a lawyer who specializes in medical negligence claims. Most lawyers offer free initial consultations for their clients. During these sessions, the attorney will review your case to determine if it is strong enough to claim compensation. You can search for reputable lawyers online or get referrals from friends and family.

While meeting your lawyer, consider bringing your medical records for review. For your information, comprehensive medical records are crucial for any successful medical negligence claim. Some of the documents that you should bring along include your personal details, name of the physician or physicians who treated you, the medical facility where you sought treatment, the nature of the treatment, tests carried, prescribed medication and the dates of treatment.

In medical compensation cases, you need to be truly candid, discussing everything with your lawyer. Never hold anything back. Your lawyer will review your statement and study your documents in order to determine whether your case is strong enough to award compensation. In addition, this will guide your lawyer in making an estimation of the amount of compensation that you should seek as well as the duration that your case should take.

During your medical compensation claim case, chances are a medical expert will be contracted to examine your documents in order to establish if there is evidence of negligence and how it affected you. Such experts are usually doctors with several years of experience in the specific specialty. These experts may testify in court or prepare a comprehensive report detailing the extent of negligence and damages incurred. Once these experts have done their job, your lawyer will propose a compensation figure that both parties should consider.

The entire process of seeking a medical negligence claim can be terribly long, with barely any short cut to take. Even in cases where there is no dispute about the facts, reaching the final settlement can be an exceptionally long and frustrating process. However, with the help of an experienced lawyer, you can have the peace of mind that the case will end in your favor.

Duncan Gibbins Solicitors can give more detail about medical negligence claim. Assistance will be provided for you to claim the medical negligence compensation you are entitled to.

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What to Do If You Are a Victim of Medical Malpractice - 3 Tips For Victims

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Medical malpractice is one of the biggest concerns most people face when having to undergo surgery. While they may be upset and concerned about the procedure they are undergoing, many people also have that fear in the back of their minds; "what will happen if the doctor makes a mistake?" This has not always been the case; however, the media coverage on medical malpractice has increased the awareness of the general public as to how often a mistake is made.

If you think you have been the victim of medical malpractice the first thing you need to do is contact a medical malpractice lawyer. The sooner you do this the sooner they can begin to gather the documentation needed to represent you fairly in court. That being said, you need to understand that many medical malpractice cases never reach the court system. Most malpractice cases are settled out of court.

The second thing you need to do is be completely honest with the medical malpractice lawyer that you hire. They have to have an uncensored report of what actually happened. Just because you are not happy with the results of a surgery that does not mean that you have a malpractice case against the doctor who performed the procedure or hospital where the procedure took place. Your lawyer will have to prove that negligence was involved and that it caused you harm.

The third thing you need to do is; prepare for a long wait. Even if you have a very strong case against the doctor or hospital it could take months or years to reach the point of a settlement. Malpractice cases are notoriously difficult to prove. Yes, if the doctor in question leaves behind something in your body during a surgical procedure you may have an easier time proving malpractice on his part. However, this is a rare occurrence no matter what the tabloids say to the contrary.

Physicians, hospitals, and the nurses who care for you are trying to provide you with the best care possible. Accidents can and do happen because they are only human. However, an accident is not always negligence. Negligence is defined as: "Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm." You or your lawyer will be faced with providing proof that the doctor, hospital, or nursing staff behaved in a manner that was below set standards for care.

If you have been involved in an accident resulting in a disabling condition you need to contact Medical malpractice lawyers Toronto. We specialize in representing accident victims against insurance companies. Contact us at http://free-personal-injury-lawyer-toronto.ca/medical-malpractice-lawyers-toronto/. Our Office is located at 2367 Finch W, Toronto, Ontario, Canada, M9M 2W8, (647) 931 - 7667.

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Medical Malpractice Attorney - Get Answers

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A medical malpractice attorney could be of assistance if you are injured because the doctor did not act in a medically appropriate manner. Maybe you did not check the experience level of the doctor or the doctor's references. Maybe you did not know that the doctor had any previous issues or lawsuits. Regardless of the doctor's experience level, mistakes may happen, and you will need a lawyer to help you get some compensation from the fiasco.

It is impossible for you to tell when a doctor will put your health at risk. If you suspect that has been the case, you should request the advice of a medical malpractice attorney. The lawyer will give you no nonsense advice that could help you determine whether or not the suit is worth pursuing. The lawyer might find that there is some merit in your case, and give you some of the benefits for pursuing the suit, but you should also be aware of the consequences as well. Ask the lawyer for a realistic assessment of the length of time that it might take to win the case. You should also ask the lawyer if it is likely that you will need to hire experts to help you. Oftentimes cases that appear to be clear-cut are often more complicated than originally thought. Consulting with a medical malpractice attorney could provide you with some answers. Especially, if you believe that a friend or a loved one died due to a doctor's poor treatment, a lawyer could let you know if you have a possible case.

Before a major operation, you should consider making sure that the doctor is board certified, before you agree to having surgery or any procedures. You should also make sure that the doctor is skilled in skilled in performing the type of surgery or procedure that you need. For example, if the doctor has one specific specialty, it is probably a good idea to seek help for that specific specialty. Your doctor should be upfront enough to let you know that he or she does not have the specific expertise that you need. For some people, it is easy to tell that something is wrong. Your doctor might appear to be inebriated just before the procedure. Perhaps your doctor gave you the impression that he or she did not know what was going on. Maybe one part of your body had been operated on when you wished to have another body part surgically altered.

Sometimes people have bad reactions to medications, even after they have told the doctor that they have an allergic reaction to the medication. It could also be possible that the doctor knowingly gave your high doses of medications, which are known to have a negative impact on your health. For example, providing patients with large amounts of medications that could possibly be addictive and do not treat the illness, should be brought to the attention of your medical malpractice attorney.

If your doctor made a mistake with your health, a medical malpractice attorney Chicago IL can help you get compensation. Learn more about how a lawyer can help you in this situation: http://www.lawinjury.com/.

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Five Things to Be Aware of in Medical Malpractice Cases

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You left the hospital feeling worse than when you were admitted. The staff was rude and inattentive, you waited for hours to receive your medication, and the specialist showed up only after you complained to social services. Does that mean that you may be entitled to damages for medical malpractice of the hospital staff? The answer depends on many variables and you need to get in touch with medical malpractice lawyers in your area to see if you have a valid cause of action for negligence.

1. Juries are biased in doctor's favor

Unfortunately the damages that the injuries award often has little to do with the seriousness of the injury. Likewise, the juries sometimes tend to rule in favor of the party they like, and when faced with a defendant, who is a well-respected physician, with 30 years of experience, they tend to be more disposed to dismiss the case against him. In other words they rule based on preferences and emotions, not on the circumstances and evidence of the case. Medical malpractice lawyers on both sides of the lawsuit realize the potential for jury bias and tend to take special care in picking the juries to ensure that the jurors will be more favorable to their side of the lawsuit.

2. Unfortunate result is not always medical negligence

Physicians being sued for malpractice often testify that without their treatment and care the patient would have died, and they did what was necessary to make sure the patient survives. Likewise, the drugs they prescribe to treat the condition, will not necessarily cure the patient. So if the patient stays the same or gets worse after beginning to take the new drug, it does not automatically mean that the doctor is liable for his health not improving.

3. The Summons and Complaint needs to include Certificate of Merit

One can no longer file a claim against a physician without first consulting with another practitioner or specialist about the merits of the case and possibility of recovery. Failure to include the Certificate of Merit, in which the medical malpractice law firm, representing the injured party, affirms that they have consulted with an expert, may lead to the case being dismissed.

4. Medical malpractice litigation is expensive

These days a bad review can ruin the medical practice and doctors are very conscious of public opinion, as well as the effect any medical malpractice lawsuits will have on their insurance premiums. Therefore, few are likely to settle early in the litigation, meaning the case can linger for years and cost the plaintiff thousands and thousands of dollars, especially if any experts need to testify. Discuss the possible costs of the litigation with your attorney before making the decision to proceed.

5. Incomplete medical records

The expert reviewing the injured party's case together with his attorney needs to have access to all of the client's pertinent medical records, including all diagnostic tests, lab results, blood work, etc. The bad result on which the plaintiff relies in bringing an action can sometimes arise due to a pre-existing condition, drug interaction, which was necessary to treat a patient and multitude of other reasons. In other words, the physician, who is a defendant in a lawsuit, will most likely testify that prior medical problems of the patient led to the bad result, not his negligence. It is important to look at all the records to make sure there is clear negligence on behalf of the doctor leading to an injury.

Medical malpractice attorneys are trained to carefully review the evidence and are able to discern the cause of their client's pain and suffering.

Duffy and Duffy one of the pm.reeminent Medical Malpractice Law Firms provides legal counsel to victims of medical malpractice and negligence with unparalleled results. For more details contact us on duffyduffylaw.com

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Common Questions About Medical Malpractice

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Those who have been victimized by the negligence or carelessness of a doctor, nurse, or medical organization, most likely have many questions going through their mind. No one ever expects to go through this type of ordeal and it is impossible to be prepared for what might happen. If you have found yourself dealing with a misdiagnosis, birth injury, medication error, plastic surgery error, or wrongful death, having a strong legal advocate on your side could make all the difference in the outcome of your case. You should not have to suffer because of the actions of another and the doctor or nurse should be held responsible for what they have done.

What is medical malpractice? This is a broad category of personal injury law that involves any error, negligence, or carelessness on the part of a medical professional or medical organization. When their treatment falls below the standard of care expected, they could be guilty of negligence. This does not include those who are merely unhappy with the outcome of their surgery or treatment. No one can guarantee that a certain result will come from a medical procedure and the law does not allow patients to sue if they are not happy with their progress. However, if undesirable results occurred because the doctor or nurse made a mistake, this could fall under medical malpractice.

What are the main types of medical malpractice? There are countless ways that patients have been harmed while under the care of a doctor. However, there are some mistakes that are more common than others and some that lead to more serious ramifications. Anesthesia is used extensively in surgeries so that patients can be put to sleep during painful procedures. The anesthesiologist has a huge responsibility on their shoulders, as too much of the drug can lead to serious injury or death. Birth injuries can occur if the mother unknowingly took a harmful drug or if the medical staff made a mistake during delivery. Another common type of case is misdiagnosis. Doctors are responsible for examining every aspect of each case so that they can accurately diagnose the illness. If they fail in this regards, the treatment will be ineffective or even worsen the patient's condition.

What if a patient died from medical malpractice? Wrongful death is a heartbreaking situation as it, by definition, is a preventable incident. Although filing a lawsuit against the person or persons responsible will not bring the loved one back, it is still necessary to hold the guilty party liable for what they have done. Not only could this ensure that it will not happen to another person in the future, but it can bring a sense of justice to the family left behind. If you would like to discuss your case with a professional, contact a medical malpractice lawyer from your local area to learn more.

The Law Offices of Joseph M. Lichtenstein is a medical malpractice law firm serving New York City and the surrounding areas. With over 60 years of combined experience, their team understands how difficult these situations can be. Each New York City malpractice lawyer at their firm strives to provide victims with strong defense and compassionate representation. Contact an NYC medical malpractice attorney to learn how they could help you.

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Making Sense of Medical Malpractice Law

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Whenever an instance of illness or injury arises for which a doctor or other health care provider is directly responsible it is one that may be considered as a medical malpractice claim. This concept is generally easy to grasp. What is seemingly more difficult is all of the facts and circumstances surrounding instances of medical malpractice as they pertain to the legal proceedings of the law. The legal claims you bring against a medical professional of any kind - doctor, nurse, surgeon, therapist, dentist, etc. - will be best accomplished when you fully understand the claims you are making and what the legal proceedings of such entail.

From state to state, the laws which govern cases of malpractice within the medical field vary, and sometimes the differences are quite substantial. However, there are some generalities that you can confidently adhere to when making a claim of this nature. First and foremost, the claims you make in relation to a case such as this must involve some sort of medically abusive or negligent behavior and documented cases of such actions take shape in any number of the following ways: failure to diagnose, misdiagnosis, unreasonable delay in treatment, failure to provide appropriate treatment, and lack of consent. If your injury or illness was directly caused by any one of these conditions, or more, then you are very likely the eligible candidate of a medical malpractice claim.

After determining the worth of your case, the next step in the legal process will be to establish whether or not physical and/ or mental harm was incurred as a result of medical misbehaviors. Cases in which a physician acts negligently or recklessly may be cause for legal action, but only if such behaviors led to an actual injury or illness. With no physical or emotional symptomatic repercussions of a professional's inappropriate actions, no case will legally exist. Therefore, before bringing your case before a trial lawyer or even a judge and jury you must be 100% sure that your case fits into the standards provided under claims of medical malpractice.

Very often, when these cases come to fruition they are expensive and tedious to litigate. As such, they are usually ones that are handled within the setting of mass tort litigation. Under the conditions of tort reform, recovery of your damages will be limited by the specific state statutes which govern your case. Again, the complexity of these cases is not to be underestimated. The best way to seek compensation for cases involving claims of medical malpractice is by obtaining a legal professional who is specially skilled in this particular area of the law. Malpractice litigation is notoriously pricey and if you don't obtain an attorney that can yield successful results for your case there is no telling how costly the expense may be. Therefore, when considering the option of pursuing a medical malpractice case you should not do so without the skill and guidance of a veteran personal injury attorney with fruitful experience in the field. Knowing that you have a worthwhile case and an effective legal professional on your side will make all the difference in your trek through the legal system of medical malpractice law. Injuries are hard enough to overcome when caused by complete accident; when they are the direct result of an act of omission or negligence on behalf of a medical professional, they become simply unacceptable. Therefore, you can take action to protect yourself against further harms of this nature by taking legal action today.

Attorney Lanier founded the Lanier Law Group in 1995 to help victims of personal injury accidents throughout the state of North Carolina. Now, more than 15 years later, the firm has blossomed into an entire team of legal specialists who have over 65 years of combined experience and a total of ten offices. No matter where you are located in the state, you can rest assured that a Burlington personal injury attorney from the firm will be nearby to assist with your case. A representative from the firm will even come to you if your injury, illness, or financial situation does not allow for a personal appearance at one of the firm's law offices. If you are looking for legal representation from a Burlington personal injury lawyer that has your best interests at heart, you should not hesitate to contact the Lanier Law Group to schedule a consultation.

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Making a Medical Negligence Claim on Behalf of a Relative

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Medical negligence is a very complicated area of the legal system and it requires specialist legal advice from trained medical negligence lawyers in order to make a successful claim. This is especially the case when you are making a claim on behalf of a relative rather than yourself.

If you were claiming on your own behalf it would be relatively simple to describe the injuries or suffering you have experienced to a solicitor and how they came about, whether it was through misdiagnosis, hospital mistake or poorly done surgery.

However, when claiming on behalf of a relative it is likely that person is not in a state in which they can express their suffering. This could be for a number of reasons. It could be a newborn baby who is suffering from cerebral palsy due to a botched delivery, an elderly relative who has received poor treatment or care in a care home or someone who has suffered brain damage due to a mismanaged operation or poor after care.

In these cases and many more like it, it falls to relatives to try to claim for the appropriate - and deserved - medical negligence compensation.

The first step is to make a written complaint to the healthcare professional, hospital or other institution as this has to be taken note of and investigated. Even if this does not immediately turn into a satisfactory resolution for yourself, the hospital or individual is likely to take steps straight away to ensure the error is not repeated, so you'll be helping future patients.

Once you have received a response, which is unlikely to be an offer of compensation, you need to contact a specialist medical negligence solicitor, one who is a member of the Law Society. You will be able to find these using the internet or your local telephone directory.

You will need medical evidence, proof that the person treating your relative had a duty of care, proof that that duty of care was breached and evidence that the injury or suffering of your relative was directly related to the breach of care of duty - otherwise known as medical or clinical negligence.

With this evidence gathered, your solicitor will be able to tell you whether or not you have a case worth pursuing. If you do, they will then begin legal proceedings. This will either be with Legal Aid, in which your costs (or part of) will be paid for, or on a No Win, No Fee basis, which means you will only pay the solicitor if they successfully win your case and you receive compensation on behalf of your relative.

The amount of compensation you receive will depend on a number of factors including the level of suffering caused, the amount of care the patient will require in the future and more.

It's an upsetting time for those involved and you shouldn't feel bad about claiming what is rightfully yours. Indeed, you may well need the compensation to ensure your relative has the best care for the future.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors experts in medical negligence compensation.

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Common Pitfalls in Medical Malpractice Cases

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A Debate on Medical Mistake Payments

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According to a survey conducted in 2006 by the Archives of Surgery, there are 1,300 to 2,700 medical procedures that went terribly wrong in the United States. This long list of medical mistakes includes wrong site procedures - operating on the wrong person, wrong place, or wrong body part.

Whether it is a healthy organ that was removed, operation on the wrong side of the brain, bypassing the wrong artery, or not administering enough anesthesia, the question remains, who pays for these horrendous medical mistakes? So far, only eleven states in the U.S. have agreed to not charge patients or their health care providers for serious preventable errors on behalf of the medical team. Hospitals should waive fees for these rare errors because they should not have been allowed to happen in the first place and patients should not be punished even further by being pinned the medical bill. However, this isn't the case in reality. Since only 11 states have acknowledged medical mistake waivers, the rest of the states take the position of not paying for these wrongful procedures because they feel that they are accepting total liability in court. That leaves 39 states where patients who suffered from wrongful medical procedures to expect they, or their medical insurance providers to pay for procedures. This should stir a reform for no payment policies to waive all fees to patients who suffered from unexpected removals of organs, amputations, or wrongful operations.

While some states have developed their own lists based on NQF (National Quality Forum) standards, the list outlines a selection of non-billable errors to medical mistakes that will hold the hospital liable. Even still, such lists may or may not accept responsibility for mistakes such as artificial insemination with the wrong donor sperm or egg, or wrongful removal of a body part. It's hard to believe, but since medical mistake payment and liability is not controlled on the federal level, it is up to the states to develop their own process of action when dealing with such cases.

On the Federal level, at least the government has some idea about the statistical numbers attributed to medical errors. Looking at reported Medicare numbers, in 2006 Medicare was sent bills 764 times for foreign objects left behind in a surgery. Each average payment per case was estimated to be about $62,000.

Many patients resonate the same opinion regarding this matter. They should not be charged for any egregious mistakes performed and hospitals should step up and even pay the patients a remuneration or compensation fee for enduring unexpected and often painful procedures.

Regarding health associations and large medical insurance companies, refusing to pay for hospital errors is a way to improve patient safety and cut health costs. Since hospitals cannot charge insurance companies for their mistakes, it might be more of an incentive for hospital practices to take greater precaution in patient care. Medicare has already taken this step and starting in October, will no longer pay costs associated with preventable conditions of patients after they have been hospitalized. Other large medical insurance providers will follow suit.

Free-lance writer with a passion for Writing and Research.
Amanda Rodriguez
Guide to Medical Insurance

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