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Frequently Asked Questions

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By the time you finish reading this article, someone will have filed a medical malpractice lawsuit.

Think about it. Every day claimants are seeking payment for pain and suffering endured at the hands of medical negligence. Courts are distributing jury awards for injuries or deaths resulting from medical malpractice events. This is an ongoing process.

Before you jump into the pool, get prepared and seek competent legal guidance. Learn as much as you can about medical malpractice and the law. Consult with an attorney who can explain the difference a top-quality legal firm and experience can make for you.

Researchers have identified medical malpractice as the prime cause of drastic injury and death in the United States. Pundits on medical negligence acknowledge that medical malpractice is the third largest cause of death and serious injury in the U.S. The number of victims is astounding.

When researching medical malpractice, you can seek information at medical malpractice lawyers by injury type and state. There are many professionals to interview and with whom you can discuss your circumstance. Medical malpractice cases have many layers and it is essential to have a competent legal team on your side.

Research is key. Having knowledge gives you power. Read some of the queries and thoughts of others looking for guidance and advice regarding medical malpractice at frequently asked questions about medical malpractice.

Laws and regulations are for your own good. When a situation arises that gives you a reason to think you have a cause for medical malpractice, it is good for you to know some of the legal standards that explain and interpret medical malpractice.

The Law Considers Certain Actions as Medical Malpractice

Getting a grasp of medical malpractice begins with understanding that it is any act or omission where a physician, medical practitioner, or healthcare provider cause harm and injury to the patient.

Each case is unique. Medical malpractice comes under the legal standards that monitor whether a member of the medical community deviates from the normally accepted standards of good medical practices.

Medical malpractice is a form of tort law, which deals with civil inappropriate actions. This law offers relief for patients who suffered damage and harm because of the unwarranted actions of others. Medical malpractice addresses medical negligence in the healthcare professions and endeavors to rectify issues where medical experts delivered to patients substandard care that led to the injury.

Defining Medical Negligence

The law interprets medical negligence as any conduct that fails to follow the standards of the profession. The medical malpractice laws apply to trained and licensed members of the healthcare community.

Medical negligence is an umbrella phrase under which many situations fall. Medical malpractice has several causes. The descriptions below provide some information on the causes of medical malpractice. Causes describe actions and lack of action on the part of medical doctors and professionals. Some of the most common causes and types of medical malpractice are the following:

Anesthesia Errors

Most surgical procedures require general or local anesthesia. Because of the importance of anesthesia and the consciousness of the patient, the physician providing the anesthesia must be exact and precise.

To be exact and precise, the anesthesiologist factors the patient’s age, weight, gender, drug allergies, medical history, and other elements. If the physician rushes over this step and gets careless, he or she can make an error that can cause extreme complications that may result in damage and injury, and could lead to death.

Medical malpractice cases are often founded on anesthesia errors such as the following:

Inadequate Diagnosis

Failure to diagnose and misdiagnosis are categories of medical malpractice. An incorrect medical diagnosis can cause the patient to suffer and potentially experience life-threatening outcomes.

An array of medical conditions, such as cancer, progresses through several stages. Because of the levels of staging, identifying early stages can impact whether the illness is treatable, and catching the disease in later stages can prove fatal.

Patients trust the physician and put their lives in his or her hands. Patients depend on the correct diagnosis. Failure to identify the appropriate diagnosis can cause the patient to undergo treatment options that are inadequate, and actions that cause pain and gruesome side effects.

If there is a lack of treatment because of an inadequate diagnosis, the patient’s condition may advance without recognition or treatment. At this same time, the patient may not be receiving the appropriate treatments or intervention to take care of the condition. This can cause the circumstance to worsen. Sometimes the incident advances to the point where it becomes inoperable.

If a doctor does not diagnose a condition that he or she should have identified, this constitutes a lack of appropriate care and is a form of medical malpractice. Under this context, your doctor is liable for damages resulting for this inadequate and substandard care.

Surgical Errors

Many medical malpractice cases focus on surgical errors. Some of these errors are elusive. The dramatized errors of amputating the wrong leg or removing an organ in error are exaggerated.

Frequent surgical considerations that involve negligence stem from a failure to adequately complete the procedure. A few allegations occur when the doctor

Complications from surgical errors can include the following:

Failure to Obtain Informed Consent

As a patient, you always have the right to make an informed decision regarding your health situation. Informed decisions are your rights to elect to undergo some medical procedures.

If you are injured in an emergency or are incapacitated and unable to speak, physicians have some legal flexibility to operate without having prior consent from you. In usual situations, doctors have a legal obligation to discuss the circumstance, diagnosis, and treatment choices with you and obtain informed consent before they start a medical process.

If your physician begins to treat you without your permission or against your wishes, or if the doctor does not discuss with you the protocol and alternatives, the doctor is conducting himself or herself in a careless manner and without regard for your choice for treatment.

You should be highly involved in making decisions for your healthcare. If the medical professional does not inform you and include you in the treatment choices, this is a facet of medical malpractice. If you get injured during therapy that you were not informed of, or if other options were not presented to you, the doctor may be liable for damages.

Infections

When you go to the doctor, you expect to get assistance and feel better. However, each year more than 2 million patients get healthcare-associated infections (HAIs) that cause nearly 100,000 patient deaths. Researchers have proven that infections are the most hazardous complications of hospital care, and the most common infection is Methicillin-Resistant Staphylococcus Aureus (MRSA). The Centers for Disease Control and Prevention (CDC) has research results that show one in every 20 hospitalized patients contracts an HAI.

Medication Errors

Almost everyone working with a physician or healthcare professional comes in contact with medications. Errors occur with the dosage amounts, administration methods, and mixtures or interactions among drugs. These mistakes can injure patients and qualify as medical malpractice. Occasionally, a medical provider accidentally administers medications that cause allergic reactions in some patients. These errors result in patient harm, and the damage can qualify as medical malpractice.

Healthcare Worker Fatigue

We all realize that healthcare workers are under stress and have a demanding job. These healthcare employees have challenging jobs that cause fatigue, and they often work extended hours or overtime. Medical facilities that do not usually provide facilities to workers for resting or sleep to relieve fatigue, may be at risk for medical malpractice. Excessive fatigue can cause careless mistakes and injuries to patients.

Call 1-(855) 633-2757 Today for a Free Consultation With a Medical Malpractice Attorney.

If you think you may have a potential medical malpractice case, study the common causes of medical malpractice situations. Know about the causes. Stay informed and be prepared to seek top-notch professional legal help. Get a pro on your side. Put a lawyer with experience to work for you. Call the legal team at Newsome Melton today. We can help you pursue the fair compensation you deserve. For a free case evaluation, call (855) 633-2757.

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Misdiagnosis, 03-29-2018
faq thumb Can Patients File Malpractice Lawsuits For A Respiratory Misdiagnosis?
Respiratory misdiagnosis is a serious situation. The term “respiratory” pertains to the patient’s lungs. The lungs take in necessary oxygen for the rest of the...
Misdiagnosis, Respiratory, 03-29-2018
Orlando Florida Malpractice Lawyers, Orlando Attorneys, Lawyers Near Me Can You Sue For Appendicitis Misdiagnosis?
Jump To: Misdiagnosis of AppendicitisAppendicitis PrognosisCause and Progression of AppendicitisSymptoms of AppendicitisAppendicitis - News Articles Appendicitis is the inflammation of the appendix. The appendix is...
Appendicitis, Misdiagnosis, 03-29-2018
Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Is A Cervical Polyps Misdiagnosis Considered Medical Malpractice?
Tumors of the uterine cervix are known as cervical polyps, sometimes these polyps can be growths as opposed to cancerous tumors. The cervix is an...
Cervical Polyps, Misdiagnosis, 03-29-2018
Orlando Florida Malpractice Lawyers, Orlando Attorneys, Lawyers Near Me Can Patients Sue For A Fibroadenoma Misdiagnosis?
A common breast condition in women under age 30 is fibroadenoma. A fibroadenoma is a benign tumor made up of glandular breast tissue that presents...
Fibroadenoma, Misdiagnosis, 03-29-2018
Orlando Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From A Tummy Tuck Procedure?
A more invasive procedure than liposuction, an abdominoplasty, or tummy tuck, is a surgery used to remove fatty tissues and tighten the skin of the...
Injuries from plastic surgery, Medical Negligence, 03-29-2018
Orlando Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From Liposuction?
Liposuction has long been considered in medical circles as one of the most dangerous forms of plastic surgery. Regardless of the duration of the procedure...
Injuries from liposuction, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For Injuries From Breast Augmentation?
Jump To: Types of Breast ImplantsBreast Implant RuptureBreast Implants and ALCLBreast Implants and Capsular ContractureOther ComplicationsInjuries from breast - News Articles Of the approximately 300,000...
Injuries from breast, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For Injuries From Breast Implants?
The increase in the number of breast augmentations performed has also led to an increase in the number of breast implant malpractice claims. When a...
Injuries from breast, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For Injuries From Plastic Surgery?
The number of people choosing elective cosmetic, or plastic, surgery has increased drastically since 2000. Even the recession that began in 2007 hasn’t stemmed the...
Injuries from plastic surgery, Medical Negligence, 03-29-2018
Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From Gastric Bypass?
Jump To: Gastric Bypass ProcedureRisks InvolvedNegligence and InjuryLegal AssistanceInjuries from gastric - News Articles According to statistics published by the National Institute of Health, more...
Injuries from gastric, Medical Negligence, 03-29-2018
Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From Gastric Banding?
Jump To: What is Gastric Branding?Gastric Banding ProcedureRisks InvolvedComplications with Gastric BandingNegligence and Medical MalpracticeLegal AssistanceInjuries from gastric - News Articles What is Gastric Branding?...
Injuries from gastric, Medical Negligence, 03-29-2018
Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From An Appendectomy?
While an appendectomy is a routine procedure that is frequently performed, complications can quickly result if a surgical error occurs during the procedure or if...
Injuries from an appendectomy, Medical Negligence, 03-29-2018
Orlando Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can Patients Sue For Injuries From Surgical Errors?
Despite many protocols and requirements that hospitals are setting in order to avoid surgical mistakes, doctors and surgeons are still performing an alarming number of...
Injuries from surgical errors, Medical Negligence, 03-29-2018
faq thumb Can You File A Malpractice Lawsuit For Induced Addiction?
When a doctor chooses to administer a potentially addictive treatment to a patient, he or she has a responsibility to make the patient aware of...
Induced addiction, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For Allergic Reaction To Prescribed Medication?
Signs of an allergic reaction can manifest in numerous ways. The symptoms can vary from the rash and skin irritation associated with contact dermatitis, or...
Alergic Reaction, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For EGD Perforation Injuries?
Jump To: Why Have an EGD?Procedure and EquipmentSide Effects and RisksLegal AssistanceMedical Negligence - News Articles An upper GI endoscopy, usually called an “EGD” (after...
Medical Negligence, Perforation Injuries, 03-29-2018
Orlando Florida Malpractice Lawyers, Orlando Attorneys, Lawyers Near Me What Are The Top Causes Of Celebral Palsy?
Jump To: Features Common to All Causes of Cerebral PalsyPrenatal Causes of Cerebral PalsyPerinatal Causes of Cerebral PalsyPostnatal Causes of Cerebral PalsyCerebral Palsy - News...
Cerebral Palsy, 03-29-2018
faq thumb Can You File A Malpractice Lawsuit For Celebral Palsy?
Cerebral palsy is not a single disorder but rather an umbrella term used to describe a broad range of neurological abnormalities, affecting movement and posture...
Cerebral Palsy, Pediatric Malpractice, 03-29-2018
faq thumb Can Patients Sue For Injuries From Eye Surgery?
Eye complications can affect patients of any age. Most people experience a lack of visual clarity as they grow older and a need for reading...
Injuries from eye surgery, Medical Negligence, 03-29-2018
faq thumb Can You Sue A Hospital?
Jump To: What Constitutes Medical MalpracticeDetermining Legal ResponsibilityHospital LiabilityLawsuit Against a HospitalFrequency and Types of Hospital NegligenceChildbirth InjuriesAnesthesia ErrorsSurgical Infections and ErrorsMisdiagnosisDelayed Wait Time In...
Hospital, Medical Negligence, 03-29-2018
faq thumb Can You Sue Your Doctor?
Doctors operate under a legal “duty of care”, a standard requiring they provide an acceptable standard of care for their patients. That duty is breached...
Hospital, 03-29-2018
Orlando Florida Malpractice Lawyers, Orlando Attorneys, Lawyers Near Me Can You File A Malpractice Lawsuit For Newborn Asphyxia?
Jump To: Causes of Birth AsphyxiaBirth Asphyxia SymptomsDiagnosing Birth AsphyxiaTreatment OptionsBirth Injury - News Articles Birth asphyxia is also known as intrauterine hypoxia, or IH....
Birth Injury, Pediatric Malpractice, 03-29-2018
Orlando Florida Malpractice Lawyers, Orlando Attorneys, Lawyers Near Me Can You File A Malpractice Lawsuit For Kernicterus?
Jump To: What is Kernicterus?RisksTreatmentKernicterusA Preventable Tragedy Kernicterus :Kernicterus - News Articles What is Kernicterus? Kernicterus is a rare but serious disease that causes brain...
Kernicterus, Medical Negligence, 03-29-2018
Orlando Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Can You File A Malpractice Lawsuit For Cephalohematoma?
What is a Cephalohematoma? A cephalohematoma is a common birth injury associated with labor in which forceps or vacuum extraction is necessary. This condition can...
Cephalohematoma, Pediatric Malpractice, 03-29-2018
Orlando Florida Malpractice Lawyers, Malpractice Help, Legal Advice, Legal Resource, Legal Help Should You Speak To A Malpractice Lawyer For Toxoplasmosis?
Jump To: Toxoplasmosis Risk FactorsToxoplasmosis StatisticsProgression of ToxoplasmosisToxoplasmosis Symptoms and EffectsDiagnosis of Toxoplasmosis News Articles Toxoplasma gondii is a parasite that infects up to one...
Toxoplasmosis, 03-29-2018
faq thumb Can You File A Malpractice Lawsuit For Mistreating Infections?
Many infections require medical treatment in order to heal. When you seek medical attention for an infection and don’t receive treatment, you may have grounds...
Infection, Medical Negligence, 03-29-2018
faq thumb Is Nurse Negligence Considered Medical Malpractice?
Nurses, like any other medical professional can sometimes make an error that results in a complication in diagnosis or treatment. Situations in which nursing malpractice...
Neglect, Nursing Home, 03-29-2018
faq thumb Can Patients Sue For A Hospital Acquired Infection?
Whenever one visits a medical clinic, hospital, or other related facility, they run the risk of acquiring a hospital acquired infection, which is another term...
Infection, Medical Negligence, 03-29-2018
faq thumb Can You File A Lawsuit For Emergency Room Negligence?
All medical facilities have a standard that they must follow to provide adequate care to patients. If injury to a patient is caused by negligence,...
Hospital, Medical Negligence, 03-29-2018
faq thumb Can Patients Sue For Altered Hospital Records?
Jump To: Altered Medical Records DefinedInjury and DamagesObtaining Copies of Altered Medical RecordsGather Evidence of ChangesFiling a ClaimLegal AssistanceHospital Records - News Articles If an...
Hospital Records, Medical Negligence, 03-29-2018
faq thumb Is X-Ray Overexposure Considered Medical Malpractice?
Since their implementation within the medical field, X-Rays have been an important diagnostic tool for medical professionals. Being able to view an image of the...
Malpractice, 03-29-2018