Medical Malpractice: David Kaiser Law

“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

This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.

This would be a civil case against Jeanette 's physician. Civil cases generally deal with wrongful acts and are able to sue a business or a person for monetary value (Fremgen, pg. 36). In comparison to criminal case, where the government would have to prove intentional harm against others. The receptionist and the doctor 's action could be argued for Negligent tort. According to Fremgen, "Tort is a breach of duty that causes injury" (Fremgen, pg. 133). A healthcare professionals "action and inactions can be considered negligence" (Fremgen, pg. 133). In this case, the receptionist ' inaction to inform the doctor right away did cause harm to Jeannette. Jeanette 's

In order to claim that a doctor or hospital was negligent in a medical malpractice case, there must be specific requirements present. First off a doctor-patient relationship must have existed (Boeschen, 2014). An individual making the claim must show that there was a physician-patient relationship with the doctor being sued. This means the doctor was hired and agreed to be hired for the medical care provided. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Second the plaintiff must show the doctor was negligent. Regardless of if the patient is unhappy with their treatment or results, does not determine the doctor is liable for medical malpractice. The doctor must have been negligent -- not reasonably skillful and careful -- in a diagnosis or treatment (Boeschen, 2014). To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances would not have (Boeschen, 2014). In many cases, the doctor's care is not required to be the best possible, but simply "reasonably skillful and careful” (Boeschen, 2014). Whether or not the doctor was reasonably skillful and careful is often up to the medical malpractice claim.

Every one of us has relied on a medical professional at least a few times in our lives. When we get seriously ill, or suffer a serious injury, we put our health in the hands of doctors, nurses, and pharmacists, fully expecting to be treated with a certain degree of professionalism and safety. Unfortunately, sometimes the expected care is not given, or not given to the extent which the ailment requires. In these situations, we can feel blindsided, confused, even taken advantage of.

The hospital and physician were both found to be negligent. Elements of negligence are (injuryclaimcoach, 2017):

Medical Malpractice consists of negligence committed by a medical professional. There are many possible events that can occur in the practice of medicine. When physician make a medical error it could possible result in an injury. We often put our faith in doctor to make the right medical decision for us. However, medical malpractice does not always hold up since some patient can take advance of the system. There are some defenses that exist when talking about the medical malpractice.

-- Misdiagnosing a patient is very serious, it could lead to consequences. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die.

The Chicago medical malpractice lawyer is more than adept in handling the different issues on negligence in the proper legal route. On top of this, it would serve you well if you would have

Each year in the U.S., approximately 12 million americans that seek help are misdiagnosed. The figure amount is about every 1 to 20 patients is misdiagnosed and about half of those cases have the potential to have severe harm. 12 million misdiagnosed patients represents about 5% of the patients encountered. This means that 95% of encountered patients will get diagnosed properly but in the medical field 95% is not enough considering lives are at stake. The problem is that people get sent home misdiagnosed and have the possibility of having a serious injury.

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

On the other hand, it is the right of the patient to know the real problem, and get the medical care that he/she deserves. Especially in case of radiologic procedures, the patient has no way of determining whether the procedures have been performed properly or not. The consequence of the misdiagnosis by a doctor can even be life-threatening for the patient, if the appropriate medical care is not provided at the correct time. Expected Ethical

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

You feel that the treating doctor has committed medical negligence and you are suffering from it. Instead of getting better, your health has deteriorated which has cost financial and emotional losses. When you consult a Personal Injury Lawyer Brampton who has the necessary experience successfully dealing with cases of medical negligence, it is confirmed that you can file your claim case.

Negligence happens when a “person’s actions fall below a certain level of care. Negligence can involve doing something carelessly or failing to do something that should have been done.” (Fremgen, 2009, p. 35). In order to prove negligence the plaintiff must present the following elements: 1) duty to care, 2) breach of duty to care, 3) injury and 4) causation (Pozgar, 2012, p. 33). Duty to care is the first element which deals with the care that the defendant (physician) owes the plaintiff (the patient).