Analysis: Three Situations That May Indicate Malpractice

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

Our experienced medical malpractice lawyers are experts in similar situations have helped thousands of people and you can provide support and counsel.

There are four elements of negligence that must be established in order for there to be a practical medical malpractice claim. In this specific case, it can be analyzed all these four elements of negligence settled in order to have

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

It is not guaranteed that your physician or any other health professional will provide you with the valued care at all times even if they truly attempted to. In this situation, which could be detrimental to a person's health and life brings up the ongoing trend of medical malpractice suits. Medical malpractice can occur on different occasions. The various types of medical malpractice include: plastic and cosmetic surgery, prescription drug error, birth injuries, obstetric malpractice, and surgical as well as diagnosis errors. According to the New England Journal of Medicine, Americans file more than 17,000 medical malpractice lawsuits a year. If those lawsuits are won in favor of the patient, it can result in extreme out of pocket costs for the hospital that the health provider is associated with. In a 2005 medical malpractice case, the jury awarded 4.5 million to a family of a boy born with severe brain damage after a traumatic delivery in 1996. Due to the poor delivery, the boy now suffers from cerebral palsy and functions at the level of a

Malpractice actions are different from state to state, but I don’t think it’s consistent with the public’s generally held beliefs about malpractice because people want physicians to be liable for damages and

If a medical malpractice case goes to court, the plaintiff (the patient) needs a medical malpractice lawyer (a lawyer specialized on this type of cases). Cases like this are very expensive and very difficult to win. The plaintiff and the medical malpractice lawyer must clearly establish the tort of negligence in order to have a successful medical malpractice claim. Just like in every tort case, the parties share information they discovered. The information could include depositions, interrogatories and requests of documents. It is possible that the case could be solved pre-trial, only if both parties agree on negotiated terms. The case only goes to trial if the parties cannot

There are an increasing number of cases involving this type of malpractice. This means there are also just as many counsels specializing in it. Start your search for a firm over the internet. Be stringent in your search, as you will encounter many who claim to be the best. Look for and through portfolios to help gauge the firm. These will come in handy especially when there are remarks from previous

According to FindLaw.com, (2016) medical malpractice “is only actionable if a medical provider or facility negligently provided care that resulted in injury or death”. Given the parameters of the question the death qualifies for malpractice. However, so long as the method of treatment is within the standard of care for that particular area and circumstances, then there is no negligence; therefore, no malpractice.

Most of us have little medical knowledge, and when we are sick we are dependent on doctors and other medical staff to do their job properly. But in those situations where they don't and it leads to injury, it is not always obvious that it was a situation of malpractice. The following are a few circumstances where you may have been a victim of malpractice.

This does not imply they are treating negligibly. A patient must be able to confirm that one more reasonably competent doctor under the similar condition would not have overlooked the right analysis. It can be not easy when the defendant is a contributing factor in an active patient work. Wrong or late diagnosis by its own is not a base for any personal injury case. The patient would need to be able to provide evidence that by not perfectly diagnosing a disease, the situation goes on and harmfully impacted the way of treatment. An excellent example of this condition would be a person who sounds off of pain in upper body, is given antiacids and subsequently later gets a heart failure. Had they been determined the nature of disease correctly, protective measures would have been considered. As an alternative, they now may get surgical treatment to heart damage. There are quite a few variables in a health care negligence claim. The most excellent alternative for the patient is to hire a medical negligence lawyer.

One thing that sets medical malpractice apart from other legal issues is the challenge of understanding if you are, in fact, a victim. You may have gone in for a simple medical procedure six months ago and yet now you find yourself in a hospital bed. Or you may have had a loved one pass away after/during treatment at a hospital. Dealing with the issues of this new reality can be overwhelming on their own without adding the possibility that there was medical malpractice involved.

A clear cut case may be settled out of court while one that is less clear may have to go to trial and be settled by a jury. Medical malpractice lawyers work with a team of doctors and nurses that review your medical records and determine if there is cause to proceed with a

If you’re in search of high-quality legal counsel, The Law Offices of Katzman, Logan, Halper and Bennett, LPA is more than prepared to help you. The attorneys on staff at this Cincinnati-based law office have the experience and skillset necessary to address a wide variety of legal issues. Whether you need assistance with a family matter or have a medical malpractice case you have questions about, the skilled lawyers can address all of your legal needs and concerns.

Malpractice and liability are touchy topics when they relate to the profession of social work. “Ignorance” and “good intentions” are no longer acceptable excuses whenever a social worker makes a serious mistake within their practice. Practitioners are required to seek out knowledge in order to prevent malpractice suits and unethical behavior (Dolgoff et. al, 2012). One of the biggest causes of malpractice suits when dealing with technology is confidentiality breaches. It is easier to break confidentiality when you are using systems that are not always 100 percent secure and private. Reamer (2013) mentions that social workers must be knowledgeable on all forms of digital media that use in their practice. Many malpractice suits could have been prevented if the worker had more knowledge on the issue involved. An issue can be unethical, but legal and vice versa (Dolgoff et. al, 2012). For example, not properly maintaining records is not considered a crime, but is unethical within the social work profession. Another example would be a worker refusing to send a child back to a home where the child is being sexually assaulted after the court made the order to do so. I would not see this as unethical because the worker is advocating for the safety of the child, but it would be viewed as a crime in the eyes of society