Medical Malpractice: Injured

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Medical Malpractice

Medical Malpractice laws are aimed at protecting the patient from negligent medical treatment. These cases usually arise when the patient has been injured due to the improper actions of a healthcare professional. Take note, though--these cases can also arise through the inaction of the healthcare professional.

Medical malpractice is governed by state law and each state varies. But the basics are the same: the healthcare professional owes a duty to the patient and that duty entails competence in performance. But in order for there to be a duty, there must first be a special relationship between the medical professional and the injured party. For example, a doctor in a restaurant owes no duty to help a stranger at another table who is having a heart attack, unless the doctor comes forward and agrees to help.

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When a chiropractor’s medical treatment causes a patient injury, that patient may be able to sue. While chiropractors are not medical doctors, they can still be liable for malpractice or professional negligence. State laws differ on what the action might be called, but each cause of action generally considers the same elements to prove a claim against a doctor or a chiropractor.

Injures alleged against chiropractors can be serious. For example, it was discovered that a famous model, Katy May, died at the age of 34 allegedly as a result of chiropractic treatment. After suffering from an on-set fall during a photoshoot, she hurt her neck. When the pain did not resolve itself, she sought chiropractic treatment. As a result of the treatment, an artery in her neck was pinched which caused her to have a stroke and die following the treatment.

Although this situation may sound like a textbook case of medical negligence, that may not necessarily be the case.

When a pregnant woman goes into the hospital to have their baby delivered, they don’t expect to be suing the hospital over a botched delivery. Unfortunately, for three mothers in the Houston area, that was exactly their fate. They went into East Houston Regional Medical Center to have their babies delivered, and of the three, one child died and the other two were permanently injured during the birthing process.

As well as all going to the same hospital, the three women had the same doctor. Now, the three women also have the same lawyers, and all three are suing both the doctor and the hospital for the birth injuries.

Life in a nursing home is rarely any person’s ideal living arrangement, and when things go wrong, it can often leave nursing home residents confused about their legal remedies. Nursing homes are like a mix between hotels and hospitals, which can both be held liable, like any premises’s owner, for a slip and fall injury if it involved negligence.

Cases against nursing homes often present challenges and obstacles outside the legal variety of proving that it happened. Oftentimes, residents are afraid of making claims for fear of retaliation, or residents are unable to make a claim because of a physical disability. It is important to remember, especially if you are helping an elderly friend or relative, that they likely must continue to live there and may be uncomfortable with making a claim but not say anything to you.

We trust our doctors with our lives. And while part of that trust is in their medical expertise, all the technical skill in the world doesn't mean much if we don't think our doctors are telling us the truth.

You've probably heard of medical malpractice lawsuits against doctors who make mistakes, but what about malpractice claims against doctors who lie to patients? Here's what you need to know:

Having a pacemaker put in requires heart surgery, which is a very serious operation. Pacemakers are little devices that keep the heart beating in proper rhythm. Generally, the device is surgically implanted in the shoulder, stomach, or near the heart, and wires are attached from the device to the heart. The device works by constantly measuring the rhythm of the heartbeat and using little electric shocks to keep the heartbeat at the proper rhythm.

The main concern for people with pacemakers is that the device will just stop working or fail. When that happens, a person can lose consciousness, and it can be potentially fatal. When there is a problem with a pacemaker, or it stops working, the patient may be completely in the dark about what is going on because the device is inside their body.

There are countless reasons people choose to get plastic or cosmetic surgery. Sometimes it stems from vanity, sometimes it’s to cover up scars or conditions that make a person insecure or subject to ridicule, and sometimes it’s for conditions related to a person’s health. Whatever the reason for getting plastic surgery, it is no different than any other medical procedure in that there are risks involved.

Below are some of the common ways plastic surgery can go wrong.

All surgeries have their risks, and when it comes to elective surgeries, the risk versus reward calculation can get far murkier. So murky, in fact, that plastic surgeons may need to inquire about a patient's mental state before assenting to a procedure.

At least that's what one Chicago lawsuit claims, after a patient underwent several cosmetic surgeries and died due to a pulmonary embolism. The woman's estate is now suing her doctors, claiming they failed to provide proper medical care by not giving her a psychological assessment prior to the procedures. It's a strange case, but may shed some light on whether you can sue for wrongful death after a botched cosmetic surgery.

Doctors are only human, and like us they can make mistakes. The hope is that medical errors will be benign, correctable, and won't permanently harm patients. But not all mistakes are created equal, and some can have catastrophic consequences.

Take pulmonary embolisms, or PE for example, where a blood clot or other substance blocks the pulmonary arteries in the lungs. If misdiagnosed or untreated a pulmonary embolism can be fatal. And if a doctor misdiagnoses PE, she might be liable for medical malpractice.

A big part of proving fault in a medical malpractice claim is demonstrating that a doctor or medical professional failed to meet a standard of care. And establishing that standard can often rely on testimony from other doctors and medical professionals who can say whether or not their colleagues met the applicable standard of care.

But according to one doctor, this kind of expert testimony can't always be trusted. Physician Lars Aanning admitted to lying on behalf of a fellow doctor in a malpractice trial almost 20 years ago, and his confession casts a shadow on all doctor testimony in medical malpractice cases.

While the number of Xarelto lawsuits continues to increase, the FDA issued a response to Portola Pharmaceuticals, makers of the potential Xarelto antidote, AndexXa. The FDA has requested more information which will delay the release of the antidote to the public.

The manufacturer of the anti-clotting drug, Xarelto, has been sued by over 7,000 individuals as a result of an alleged failure to warn users of the side-effects. Additionally, the drug has no antidote to immediately reverse the anti-clotting effect it has on the blood. In comparison, the leading anti-clotting drug, known as warfarin, stops being effective when a patient is injected with vitamin K. The antidote’s approval is being expedited due to the urgent need for a way to reverse the effects of Xarelto.