Showing posts with label Negligence. Show all posts
Showing posts with label Negligence. Show all posts

Sunday, 22 April 2012

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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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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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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When Can Patients Sue a Hospital for Negligence?

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When can you sue the hospital or its employees for negligence?

A hospital can be sued for negligence for mistakes that harm or kill a patient. When an employee of the hospital is guilty of negligence, you can sue the hospital. When a doctor working for a hospital makes a mistake, both the doctor personally and the hospital as a whole can be sued. However, doctors can only be sued if they were present and could have prevented the negligence. You cannot sue every doctor in the Emergency Room or surgical floor, only the one who administered or oversaw your treatment. Hospitals can also be sued when a doctor with a history of negligence and medical mistakes was kept on the payroll, thus enabling them to continue harming patients.

What constitutes neglect?

Neglect occurs when someone does not do their job as a normal and competent professional would. Negligence includes not verifying instructions, not following checklists, failing to assist patients in need and not take immediate action in an emergency. There are greater tolerances for mistakes made in life threatening emergencies than general care situations. Malpractice and negligence can arise from a failure to properly diagnose a condition or injury. Negligence can occur when someone is given the improper treatment or the correct treatment is administered incorrectly. Nurses administering the wrong medication and therapists following the wrong protocols are examples of this.

Failing to risk patients of negative outcomes from a medical treatment or side effects of the treatment is also negligence. Recommending a surgery to cure cataracts that can also leave a patient blind is an example of this concept. To sue for negligence, the risk must be significant enough that the patient might have chosen not to have the procedure or treatment if they had known and must have suffered that negative outcome.

Can you sue medical professionals other than doctors at the hospital?

Yes. Any medical professional affiliated with a hospital can be sued for negligence. This includes nurses, physical therapists, medical technicians and pharmacists. First responders such as paramedics and firefighters have broad protection from medical negligence claims, due to the difficulty of acting during emergencies, unless they are employees of the hospital and provide care at the facility. Good Samaritans are rarely sued for negligence unless their actions are reckless.

What types of damages are available when someone sues a hospital for negligence?

There must be a specific injury as well as actual damage to sue for negligence. You cannot sue a hospital because you were unhappy with the level of service.

Physical pain and sufferingMedical bills with other medical facilities or practitioners to treat the condition caused by the hospital's neglect, injuries caused by the hospital or diagnose what the hospital failed to find.Lost income due to the inability to work or lost income of the individual who diedMedical bills resulting from additional treatment at the hospital if the patient had received the proper course of treatment.Costs of physical therapy or assisted care while recovering

A personal injury lawyer in Toronto can review your case and determine the actual damages that could be awarded in your case. Speak with a Toronto personal injury lawyer to determine if you have been the victim of medical negligence.


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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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Obstetric Negligence Explained

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Obstetric medicine is one of the most important disciplines there is. This, unfortunately, means that when obstetric negligence occurs it is one of the most traumatic and serious cases of medical negligence there is.

The care given during pregnancy and during giving birth by obstetricians, midwives and other medical staff is vital in ensuring a successful pregnancy, safe birth and healthy baby. When medical mistakes occur it can lead to the life of both the mother and the baby being put in danger, sometimes leading to severe illness, disability or even death.

Possible outcomes of obstetric negligence include but aren't limited to cerebral palsy, Erb's palsy and severe perineal tears. But what qualifies as obstetric negligence, how would you know if you have suffered as a result and how can you go about getting compensation?

Typically there are several stages at which obstetric negligence can occur, including management of the mother before pregnancy, including pre-conceptual counselling, infertility advice and treatment, management during the pregnancy and before labour, management during labour and delivery and post-natal management and care.

During pregnancy and labour are the most dangerous periods and the following would qualify as medical negligence:

Incorrect interpretation of scans looking for serious abnormalities in the unborn baby

Delay in diagnosis and management of an ectopic pregnancy

Failure to recognise and manage high risk pregnancies such as pregnancy-induced hypertension (PIH)

Incorrect interpretation of the cardiotocograph trace (CTG) providing information about the baby's heart rate leading to failing to progress delivery quickly enough

Poor choice delivery method, including the (incorrect) use of forceps

Damage to mother or baby by poor technique in delivery

Should a mother or baby suffer trauma, illness or injury during pregnancy, labour and / or birth then a case for obstetric negligence compensation may be brought. It is advised to contact a specialist medical negligence solicitor who will review the case and inform their client whether or not a case exists and if compensation can be obtained.

Many people may feel uncomfortable suing the NHS (or whichever medical institution was responsible) but they should not worry - they are entitled to compensation if they have suffered due to poor medical care and treatment and it could come in very useful when caring for a child who has suffered some kind of injury or illness.

Should the solicitor deem a case is worth pursuing then they will set about gathering all evidence together and preparing a case to be brought to court in the hope of winning substantial medical negligence compensation. Most solicitors work on a No Win, No Fee basis, so a client would only have to pay if the case was successful and compensation was awarded.

The level of compensation awarded will depend on the level of suffering, both physically and mentally, and on the level of obstetric negligence found.

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


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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 Types of Medical Negligence

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Medical negligence is where those who have been unreasonably impacted due to unacceptable medical errors are awarded compensation. There are many types of medical negligence with some of the most common ones below.

Birth Injury

There are, unfortunately, times when a child suffers due to medical negligence immediately after their birth. This can be due to errors prior to birth or during the birth. For example, a Mother-to-be could be given medication that has a negative impact on her child or the birth could be dealt with incorrectly by those who are supposed to be caring for the Mother and Child. There can even be instances where the immediate after-birth care is not sufficient or is handled incorrectly.

Hospital Negligence

All sorts of mistakes can happen during a hospital visit. This can be related to the condition you are in hospital with or be something else that occurs due to the visit, for example during treatment. Hospital negligence covers a wide array of areas.

Misdiagnosis

There are times when there is a misdiagnosis due to negligence. This may be diagnosing the wrong condition, or even failing to diagnose anything at all. This can lead to the incorrect treatment meaning further problems can occur. Being treated for something you don't have can have negative consequences and, obviously, so can not being treated for something you do have.

Unrequired Surgery

There have been occasions when someone has been operated on unnecessarily, either when a more simple form of treatment could have been carried out instead, or when no treatment at all was required.

Incorrect Medication

Patient's being given the wrong medication is a fairly common problem. As well as not acting as an effective treatment it can cause other problems too. Many medicines have side effects and giving patient's these side effects without actually helping them to improve their health is obviously not a pleasant experience.

Anaesthesia Error

Administering the wrong strength of anaesthetic can have dire consequences. An anaesthetic that is too strong has the potential to cause serious medical problems and in some cases can be fatal. If a weaker the necessary dose is administered then it won't do the job sufficiently and the patient won't be anaesthetised. During an operation, for example, this can lead to great pain and intense physical suffering.

Medical Products and Devices

A patient may have a negligence case if a device used by medical practitioners to treat them is faulty or doesn't do the job it is intended to do. This is not usually the fault of the doctor or nurse (unless being misused or not maintained properly) but the fault of the manufacturer. In these cases it is the manufacturer who is responsible and may have to pay out after a negligence claim.

Dental Negligence

Dental health is part of the medical industry and negligence by dentists can mean a potential medical negligence case. This can include misdiagnosis, incorrect treatment being given, any infections contracted during treatment, and a host of other things.

Andrew Marshall ©


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