Personal Injury
Medical Injuries
Medical professionals including doctors, nurses and physicians' assistants are required to follow a "standard of care," and provide medical treatment in the manner that similarly licensed medical professionals are supposed to provide care. Medical malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation. Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done.
Medical Negligence and Malpractice
Believe it or not, hospital errors are among the most deadly threats to patients who become ill in the United States. In fact, the equivalent of 390 large jets packed with people die annually in the US because of preventable medical errors in a hospital setting.
A recent study by healthcare quality oversight company HealthGrades found that between 2000 and 2002 alone, nearly 200,000 people died annually due to hospital errors. This is nearly double what an Institute of Medicine study found for the year 1999, indicating that the number of deaths due to hospital errors is either on the rise or was grossly underreported in the initial study.
Nonetheless, far too many people are dying or suffering at the very hands of those charged with their care. Hospital errors can take many different forms, ranging from the performance of surgery on the wrong person or body part, to the failure of medical staff to prevent infection in hospital in-patients.
Hospital errors that are caused by the negligence or wrongdoing of a medical professional are grounds for legal action on behalf of the victim, who can seek to recover their losses and suffering. If you or a loved one has suffered because of hospital errors, please contact our qualified and experienced medical malpractice attorneys who can evaluate your case to determine the best way to help. Please read on to learn about the common types of hospital errors.
Military Medical Malpractice
When you, your spouse or your child is the victim of medical malpractice at a military hospital, you may have misconceptions about your rights to pursue a claim against the military. Therefore it is very important you consult with a lawyer who is experienced in handling military malpractice cases to make sure your rights are protected.
For example, did you know:
- You can sue the military or government for medical malpractice.
- You generally have only two (2) years to file a claim for military medical malpractice even if the claim is for a child under the age of 18.
- Your military career will not be harmed if you file a claim for medical malpractice done to your dependents.
Hospital Malpractice
Surgical Errors
Surgical errors often have dire consequences. Common types of surgical hospital errors can range from post-operative infections to wrong site surgery. Poor pre-operative planning, inadequate communication between medical professionals and with patients, substandard surgical practices, lack of hygienic procedures, and other factors can all cause or contribute to surgical errors.
Anesthesia Errors
Anesthesia errors, which often take place during surgery can also have fatal repercussions. Anesthesiologists and related professionals have a duty to closely monitor the patient’s health and vital signs before during and after surgery and ensure their safety during the procedure. Failure to do so can result in serious harm to the patient.
Medication Errors
Prescription drug errors in hospitals are a serious problem responsible for thousands of fatalities every year. An estimated 100,000 patients are the victims of medication-related hospital errors annually. Medication errors can occur in the following circumstances:
- A doctor orders a medicine for a patient with a known allergy to such drugs
- The wrong dose or type of medication is given
- Medication is given at the wrong interval
- A doctor prescribes a drug known to be contraindicated for the patient
- A patient is given someone else’s medicine
- Multiple medications are given and produce a reaction that should have been anticipated and avoided.
- A patient suffers any preventable suffering involving medications while under the care of medical professionals
Misdiagnosis and Failure to Diagnose
Misdiagnosis, including cancer misdiagnosis, is an alarmingly common type of hospital error which can significantly threaten patient health. When a doctor fails to adhere to proper medical standards by failing to conduct adequate testing and follow through in determining a proper diagnosis, they can be held accountable for a patient’s losses as a result of this misdiagnosis.
ER and ICU Errors
Of all hospital errors, those that occur in the Emergency Room and the Intensive Care Unit are often the most dangerous. Sadly, these medical departments are also among those with the highest rates of medical mistakes. Possible ER and ICU errors are many but common types of hospital errors in these departments include IV errors, infection, misdiagnosis, medication errors, and surgical mistakes.
Infection and preventable disease
Infection is a dire—and strikingly common—consequence of hospital errors. In fact, the Centers for Disease Control (CDC) estimated that 1.7 million patients develop infections in hospitals every year. Of these nearly 100,000 people die annually because of infections that are often caused by hospital errors or negligence.
Birth Injuries
Birth injuries are another common result of hospital errors during pregnancy and delivery. A birth injury is any harm that is caused to the baby during pregnancy, labor, delivery, or post-delivery. These can range from mild and temporary, such as cranial bruising due to aggressive labor techniques, to serious and permanent, such as cerebral palsy.
Nursing Home Abuse and Negligence
Many of us depend on nursing homes to assist us with the care of our aging family members. We hope and expect that these centers treat our loved ones with the utmost care and respect and, while many facilities are providing such care, nursing home abuse occurs at alarming rates and appears to be on the rise in the US. Read on to learn more about the incidence of nursing home abuse in America, the types of abuse that occur, how to detect such abuse, the causes of nursing home abuse, and how to get help if you or a loved one has been victimized by this tragic and unacceptable type of elder abuse.
The Incidence of Nursing Home Abuse in America
All recent investigations of nursing home abuse indicates that this societal problem is on the rise. This is a major problem as 1.5 million Americans are currently living in professional nursing facilities and a higher percentage of the aging population are expected to require such care in the coming decades. The following are the most important facts about nursing home abuse and its incidence in the United States.
- Number of homes and violations: A Congressional report found that 5,282 US nursing homes—or a startling 30%-- were found guilty of 9,000 incidents of nursing home abuse violations between 1999 and 2001 alone.
- Serious violations: Over 2,500 of these incidents were serious enough to cause physical injury or place residents in immediate jeopardy of serious injury or death.
- Abuse on the rise: According to the same report, over two times as many cases of nursing home abuse were reported in 2000 than in 1996.
- Importance of formal complaints: Over 40% of the abuse violations were made after a family member, resident, or community advocate filed a formal complaint.
- Gross underreporting: Experts fear that nursing home abuse is grossly underreported, leaving thousands of nursing home residents vulnerable to the grave abuses of culpable caretakers.
If you have been seriously injured contact us today at 303-757-JUDE (5833), or e-mail us to find out how we may be of assistance.