It is estimated 100,000 people die each year from medical errors caused by physicians alone. There are a number of reasons patients sue their doctors, but Dr. R.J. Roberts, of the University of Wisconsin Medical School, identified in his Family Practice Management article of March, 2003, 7 reasons why medical errors occur:
1. Cancer Misdiagnosis or Failure to Diagnose or a Delay in Diagnosis: This is especially true of breast cancer patients. Doctors who rely on false negative mammogram studies rather than on patient complaints and following up appropriately may cause harm to the patient and be liable for medical malpractice. Approximately 29 percent of screening mammograms return false negative results;
2. Birth Injury Malpractice or Negligent Maternity Care Practice: The two most common birth defect or birth injury medical malpractice claims arise from excessive use of oxytocin, specifically if the baby is experiencing distress, and the doctor’s failure to ensure their patient is covered by another physician informed about the patient’s clinical history should the primary doctor be unavailable;
3. Wrong Diagnosis and Misdiagnosis of Negligent Fracture or Trauma: This medical malpractice claim occurs when a doctor assumes that a fracture is merely a sprain or other minor injury without follow through investigation with x-rays or other proper diagnostic tests. Dependent on the location of the fracture, this can have severe consequences, including loss of a limb;
4. Delay in Diagnosis or Failure to Consult in a Timely Manner: A doctor who is sued for failure to consult in a timely manner has hesitated too long before making a referral and the patient has suffered adverse repercussions as a result. Within a reasonable amount of visits to the family doctor, the patient should be referred to a specialist if the family doctor is having difficulty pronouncing a diagnosis or symptoms are not improving or worsening despite treatment;
5. Medication Errors or Medication Malpractice Resulting From Negligent Drug Treatment: This is the third leading cause of death. Medical error or negligence in prescribing medications may be the cause of 225,000 deaths per year. Lack of patient education about the medications prescribed is a component of negligent drug treatment. Prescription drug malpractice claims can also result from a doctor’s poor handwriting on the prescription order and misinterpretation by a pharmacist;
6. Physician Malpractice Resulting From Negligent Procedures or Surgical Errors: Physicians do not necessarily have to be performing unfamiliar procedures for such a medical malpractice suit to ensue. Many physicians are sued because they performed procedures they are trained for when the doctor was not alert due to physical exhaustion or mental distraction. In these circumstances, sleep deprivation or mental stress may cause a deficiently performed procedure leading to patient complications;
7. Failure to Obtain Informed Consent: This allegation stems from the failure of the physician to ensure the patient is fully informed of expected outcomes, potential risks and reasonable alternatives to the recommended course of action advised by the doctor resulting in damages to the patient.
If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
By: Richard Hastings
Seven Reasons Physicians Are Sued For Medical Malpractice
February 7th, 2010 by admin No comments »Finding the Best Criminal Attorney For Your Needs
February 6th, 2010 by admin No comments »
Certainly nobody likes to think about waking up one day and finding themselves in need of a criminal attorney but if it happens it’s good to know that the residents of south Florida have choices. From the Fort Lauderdale attorney, Miami attorney, to West Palm Beach criminal lawyer, the southern areas of Florida have many excellent lawyers to take care of you if and when you ever need their assistance.
Sometimes being an attorney is a thankless job; some people see these lawyers as working for the bad guys. But in our country everybody has the right to a fair trial and that means everybody has the right to legal counsel. That legal counsel should be well educated in the many laws that govern each state and country. A Fort Lauderdale criminal lawyer will need to know entirely different aspects of the law than a business lawyer from Boston. A Miami criminal lawyer will need to be well versed in litigation concerning felonies whereas a mortgage attorney will not need to know such things.
A well-educated attorney can make bad decisions that somebody made be less painful when it comes to trial and sentencing. It is the criminal attorney’s job to support the innocents of the client and to make the job of the prosecutor more difficult. The burden of proof falls on the prosecutor and they must prove the clients guilt while the attorney supports the clients’ innocents. Ultimately the client puts his life in the hands of his criminal attorney and that is why it’s very important to make sure one has the best criminal lawyer you can get.
It is a misconception that criminal attorneys only have clients that are of the most deviant of offenders. This is not true. Certainly those accused of crimes such as murder, robbery, and rape need the assistance of a criminal lawyer but also those accused of white-collar crimes in business need the assistant of a knowledgeable criminal attorney as well. A good percentage of clients who seek the help of a criminal attorney are those who are accused of white-collar crimes such as business executive and those in the stock market.
There are many high profile cases that are spotlighted by the media; many criminal attorneys have made a name for themselves when representing one of these high profile cases. This is when a criminal attorney needs to have all his ducks in a row because all eyes are on him/her to see how he/she will represent the client and if he or she will win. Not all criminal attorneys like or even want a high profile case because they tend to be rather difficult cases. Being in the spotlight doesn’t always work well for the defense.
It is safe to say that should you ever need an attorney you will want to get the very best in the business. If you need a criminal lawyer your life is on the line; a good attorney will help you get back your life.
By: Chris Robertson
How to Find the Best Truck Accident Attorney
February 5th, 2010 by admin No comments »
Truck accidents are governed by special traffic regulations, and these laws usually differ for each state. If you have been in a truck accident in Florida, Maryland, and Texas, you have to abide by individual laws in these states pertaining to truck accidents. Due to the unique laws in these states, you should also look for the best truck crash attorney based in the state where the accident occurred to make sure your lawyer knows the special laws that involve truck crashes.
Looking for truck accident lawyers in Florida, Maryland, and Texas is not difficult, but it is something you should not take lightly. Make sure you take time to compare different lawyers. Here’s how you can find the best truck accident attorney.
Step 1: Start with a list
The first step to finding the best crash accident attorney is to start with a list. Don’t just look for a lawyer and get help from the first one you meet. Compile a list of the car accident attorneys located in your area that specialize in truck accidents. A truck crash can be a huge trouble, and you would want an attorney who knows how to go about special regulations regarding truck accidents. Lawyers that also specialize in truck crash cases will be updated with various changes to the auto and truck crash laws in individual states like Florida, Maryland, and Texas.
You can come up with a list with the help of online resources from websites specifically offering lawyer searches, or from the websites of your state’s legal department. State websites of Florida, Maryland, and Texas can give you leads to the best attorneys in the area.
Step 2: Pick the best options
Once you’ve listed some truck crash attorneys in the area, choose the three best options. The first thing you should check is the reputation of the truck crash attorneys since this is the most important factor you have to consider. Check whether any of the attorneys have state disciplinary records and cross them out from the list. You can also ask other lawyers who specialize in other fields and ask them whether they have any recommendations. Most good lawyers usually have good reputation among other lawyers.
Step 3: Start making inquiries
With your top three choices made, you can start making inquiries. Contact the lawyers and ask about their services. The lawyers should be able to answer your queries properly. A lawyer who does not entertain you properly should be crossed off the list.
What exactly should you ask them?
Ask the accident lawyer how long has he been in practice and how long has he been handling truck accident cases. Ask about his track record when it comes to truck accidents. If you are inquiring from a law firm, ask who will be directly handling your case. If you are asking from an independent lawyer, ask him about his current caseload as this will affect how well he will be able to focus on your case. Finally, ask about billing details and all the expenses that will be included in the fees you have to pay.
Do: Take time to compare different attorneys.
Don’t: Don’t ask just any lawyer to handle your case. Find a lawyer who specializes in truck crashes.
The Verdict: Accidents are harder to handle and to recover from than most car accidents. Due to the larger sizes of trucks, truck crashes are more prone to fatalities and often result to greater damages to properties. Thus, you need to know how to find the best truck accident attorney.
To find more about Truck Accident Attorneys visit our website
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By: Mark Van Tuel