Why Is It Important To Know Medical Malpractice Law?

When someone is ill, they go to the doctors to get medical help with the hope that they can give relief for whatever pain that is caused by an illness. The patients ought to fully trust them with their health and lives because believe that it is their expertise to help treat and cure diseases. But what if someone is misdiagnosed? What if someone is made to take the wrong medication that has even more harmful side effects? On the odd occasion, a doctor may have made a mistake of incorrectly diagnosing the patient and the patient may have to continue paying for wrong medication in order to rectify whatever mistake was made. In these cases, the doctor should have to pay for the mistake and they have to be liable for what the patient may have had to go through because of their misdiagnosis. Because of this, it is important that everyone has a sound knowledge of medical malpractice law.

Patients should know what rights they have and they should know what options are available to them. This law can help patient avoid paying for more medication or treatment because a medical practitioner made an error when at the first consultation. It will also give a patient the chance to take any unfit doctor away from their profession so that they would not be able to make the same mistake with other patients. Some people have suffered enough from an illness so it can be unfair to suffer more in terms of expenses and the patient can at least seek to have their fees reimbursed by the doctor or hospital at fault.

Besides the negligence of incorrectly diagnosing some patients, medical malpractice law also covers insurance issues. Even though health insurances may seem to be very promising when they market their services, most of the times they make it too hard for their clients to avail of their insurances. Medical malpractice law gives suffers an idea on how they could receive all of their health claims from their insurance. It gives patient the assurance that they will be able to receive all of their insurance benefits as they need it.

Overall, nobody wants to suffer from any type of illness and nobody would want to worsen their suffering because a hospital or doctor misreads their illness or performs their job inaccurately. To prevent that, everyone should have knowledge of medical malpractice law to help avoid any mishaps with their health.

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Understanding Nephrogenic Systemic Fibrosis and the Law

Nephrogenic Systemic Fibrosis, also known as NFS, is a disorder that is progressive in nature. NFS usually presents in patients who have some type of impaired kidney function or other kidney problems of a chronic type. The condition is commonly associated with scarring of the connective tissues and skin in various parts of the body, which is referred to as fibrosis. As the skin thickens, it becomes hard, coarse, and rigid, which causes the movement of the joints to be very restricted. Nephrogenic Systemic Fibrosis can also cause the fibrosis to become widespread in the body and spread to organs, which can be fatal in some cases.

While this condition is quite disturbing on its own, the link to its origin is perhaps even more disturbing. NSF has been directly linked to the use of gadolinium contrast injections which are routinely administered during an MRA and MRI. This contrast dye helps the physician to clearly differentiate between tissues and blood vessels.

Nephrogenic Systemic Fibrosis, NSF, as previously stated is a progressive condition that is also chronic. In years past, the condition was referred to as Nephrogenic Fibrosing Dermopathy, or NFD. This chronic illness was first noted in 1997, and today there are in excess of four hundred reports of Nephrogenic Systemic Fibrosis reported across the globe. While this may sound alarming, it is thought there are actually many more cases of NSF, and the numbers will rise a great deal now that it is better understood, and physicians are more aware of the symptoms to look out for.

NSF causes the levels of collagen to increase in the tissues of the body, causing the skin to become thick and hard, and is often characterized as shiny and/or woody. The joints become very affected by the disease, and mobility becomes quite limited in range. This also causes a great deal of pain and discomfort. Many individuals who have been diagnosed with Nephrogenic Systemic Fibrosis end up needing a wheel chair to get around within just a few weeks of the onset of the disease. Other internal organs such as the heart, lungs, esophagus, the skeletal muscles, diaphragm, and various other bodily tissues can also be affected.

Nearly one hundred percent of the patients who have been diagnosed with Nephrogenic Systemic Fibrosis have received gadolinium based contrast injections while undergoing magnetic resonance angiography (MRA) or magnetic resonance imaging (MRI) tests within two days to eighteen months prior to the onset of symptoms. It is not completely understood why this disorder occurs, and because of this issue, a great deal of research is currently being conducted on NSF. This is being done in an effort to learn more about gadolinium contrast injections and why they cause the disease to occur. As of this time, there are no treatments for Nephrogenic Systemic Fibrosis that are considered to be effective. There are some therapies that have been somewhat helpful for some patients, but these are not consistent in their results.

What is known for sure is that researchers have confirmed the correlation between the gadolinium contrast injections used during MRAs and MRIs to the development of Nephrogenic Systemic Fibrosis in 2006. It is also known that of the current reported cases that are available to date, roughly five percent of individuals with kidney problems or kidney failure experienced the systemic issues following being treated with a gadolinium compound.

As devastating as this issue can be for those who have been affected, what is more alarming is that the manufacturer of the gadolinium contrast injections should have and could have avoided these issues by conducting more adequate testing, issuing better warnings, or being more vigilant during development. It is not known for sure how much the manufacturer knew prior to these cases coming to light or what could have been done to protect the health and well being of consumers.

If you or someone you know has been diagnosed with Nephrogenic Systemic Fibrosis after undergoing an MRA or MRI that used gadolinium contrast injections, you may be entitled to seek compensation for your injuries. It is recommended that you contact a personal injury attorney as soon as possible after being diagnosed in order to protect your legal rights and file a claim in a court of law.

Personal injury attorneys who specialize in product liability and or medical negligence can be a tremendous asset when pursuing this type of claim. These legal professionals are quite skilled in this area of the law and will work hard to get you the justice you so rightly deserve. Your attorney will gather all evidence, compile medical records, take statements from medical professionals, arrange for expert testimony if necessary and hold every liable party accountable for their actions.

Since most personal injury attorneys work on a contingency basis, you do not have to worry about paying any money upfront to start your claim. You will pay nothing throughout the process until the time your claim has settled. This takes a great deal of anxiety out of the process and allows you to focus solely on your personal recovery and well being.

Because these types of cases can be very complex in nature, you should not attempt to file on your own with legal guidance. Each state has laws that vary in regard to liability and negligence claims, as well as strict statutes of limitations that must be abided by. Not following even one guideline can cause your claim to be thrown out and your chances of recovering damages to be nonexistent.

Taking action to hold the manufactures of gadolinium contrasts responsible for failing to provide proper warnings and conduct adequate research can result in the recovery of monetary compensation to help you pay for past, present, and future medical expenses, loss of income, pain and suffering, and in many cases even punitive damages. By forcing manufacturers to uphold their required duty of care you are not only protecting yourself, and your family, you are working to prevent the same types of injuries from occurring in the future.

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Types of Medical Malpractice

Medical malpractice is a tragic reality in many people's lives. It is estimated that nearly 200,000 die in the U.S. every year due to hospital or doctor errors. Many more suffered from serious health complications or injuries. What makes these cases so heartbreaking is that people trust medical professionals to have their best interests in mind and seek to make every effort to help them. When the exact opposite happens, it can be difficult for them to know where to turn for help. If you or a member of your family were injured or suffered an illness and you believe it was due to medical negligence, please contact a medical malpractice attorney as soon as possible.

There are countless types of medical malpractice; however, there are some errors that are more common than others. Anesthesia is used for numerous types of surgeries to numb the area of the patient being operated on or to completely put the patient to sleep. This drug is safe when used correctly, but when it is administered in the wrong dosages or the patient is not properly monitored, it can result in death. If the anesthesiologist fails to notice a complication or see that the patient is having an adverse reaction to the drug, they could be held liable for negative consequences.

Another heart-rending consequence of medical malpractice is birth injuries. Birth injuries can occur while the baby is still in the womb or may be sustained during labor and delivery. Some of these injuries are unavoidable, while others are the direct result of a doctor error. There are many types of drugs that can lead to birth defects, but usually the manufacturer places warning labels on the medication. If they failed to do so or your doctor prescribed you drugs that proved to be harmful to your unborn child, this could be a case of medical malpractice. Brachial plexus injuries are also common during delivery. In some cases, a Caesarean section should have performed as would have avoided damage to these nerves in the baby's neck and arm. Any wrenching or pulling to the child's shoulder or neck can damage the brachial plexus and lead to paralysis.

Lastly, many people are made to suffer when their doctor failed to diagnose them correctly, and thus, failed to give them the proper treatment. The incorrect treatment may be ineffective in the least, and at the worst, make the condition graver. There are several variables which may lead a doctor to give a misdiagnosis, one of which is negligence. It is their responsibility to investigate every possible avenue regarding what the problem may be and it is on them if a patient suffers. If you have been the victim of any of these types of injuries, please contact a legal representative from your area so that you can get the justice you deserve.

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Failure to Suspend Medication, Who Is Responsible?

Medications are extremely helpful to a number of patients for a number of reasons. There are millions of people who depend on medications every day to treat a variety of ailments, and in some cases to keep them alive. While medication can be an invaluable tool in the medical community, there are also times when it is not used properly and it causes more harm than good. When this happens, serious consequences can result, and patients can suffer severe complications. Doctors need to be extremely careful when prescribing medication, and need to monitor patients closely.

One of the most common mistakes physicians make when discussing medication is the failure to suspend medication when it is necessary to do so. With doctors working very long hours, carrying large patient loads, and so many different types of medications available, there is a great deal to take into account when prescribing and administering treatments. Failing to ask all of the necessary questions, such as what other medications the patient may be taking, could cause serious side effects that may be life threatening.

Unfortunately, these types of mistakes are not uncommon. They happen even more often when proper care and prudence is not exercised.

If you or someone you know has experienced any type of injury because of a doctor's failure to suspend medication, you should know that you do have legal rights, and you may be able to seek compensation for your damages. Compensation can include money for medical expenses, a loss of income, pain and suffering, as well as other rewards. You should consult with a personal injury attorney as soon as possible to discuss your precise case, as well as your best course of action.

When is it necessary to suspend medications?

Treating patients with medication can be a very complex practice. Doctors need to monitor medical conditions as they change and progress, so that they can decide if the medication is necessary and working, or if it should be suspended. Failing to suspend medication during the following scenarios can have serious implications: after adverse side effects have occurred; during, after, or before surgery; after new illnesses, conditions, or symptoms develop; or while a patient is pregnant or breast feeding.

What happens when medication is not suspended?

Anytime a doctor or other medical professional fails to suspend medication, the results can be quite serious. Depending on what type of medication is used, and the medical condition the patient is suffering from there can be a range of consequences when failing to suspend medication. Common issues include: organ damage; a host of side effects that can be quite harmful; harm to an unborn baby; unnecessary pain and suffering; and in some cases death.

If you or someone you know has been harmed because of a medical professional's failure to suspend medication, you should contact a personal injury attorney who specializes in the field of medical malpractice and negligence promptly. These cases can be quite multifaceted and often are based on small details. Couple this issue with various statutes of limitations that must be adhered to, and filing practices that must be followed, and you have a recipe of great complexity. Missing one tiny thing could result in you losing your case.

This is precisely why you should not attempt to file without the assistance of a legal professional. Hospitals and medical personnel have large legal teams working to protect them every step of the way, and you deserve to have someone in your corner fighting for your legal rights. Taking the chance of filing on your own is simply not recommended in any circumstance.

A skilled personal injury attorney has a great deal of experience in handling these types of cases and will manage your claim in its entirety. From the start to the finish all details will be dealt with in a caring way. Medical records will be collected, witnesses will be interviewed, experts will be called when needed, and evidence will be gathered. There is nothing that will be left undone.

Injuries that are the result of a medical professional's failure to suspend medication can be extremely serious and can cause long term effects the patient will have to deal with for a lifetime. There are even times when these mistakes prove fatal, at which time loved ones can file a wrongful death suit on behalf of the decedent. On top of the stress and hardship of having to contend with mounting medical bills and financial issues, the emotional harm can be just as devastating. Compensation can be sought for medical bills, a loss of income, pain and suffering, and in some situations, punitive damages.

When hiring a personal injury attorney you should also be aware that most of these professionals work on a contingency basis. This means that you pay nothing upfront to start the claim process and you continue to pay nothing until the time your case settles. Not having the added worry and expense of how to fund your legal claim and be of great peace of mind throughout the process. This will allow you to focus on your personal health and recovery as well.

Even though doctors take an oath to do no harm, there are still times when harm is done. Although this harm is most likely unintentional, it does not change the facts that you or someone you love has suffered. When this happens, legal action must be taken so that you are protected, and future patients are also protected from similar harm. You should never suffer in silence, and you should never allow these types of injuries to happen without punishing those responsible.

Personal injury attorneys know the ins and outs of this area of the extremely well and will never stop fighting for you. Even though they cannot reverse the harm that you have experienced, or give you back a loved one that has been lost, they can help you to obtain the justice that you deserve so that you can start your healing process.

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PPACA Spin

Let the SPIN begin. The word doctors are busy weaving the happenings of the last forty-eight hours, into their own palatable ball of wool. Let's be fair to the journalists of today, aren't they at their best when they're taking the facts, twisting and turning them into the expected and desirous case. No longer is being a "reporter" about collecting and disseminated the truthful and accurate happenings of the event, instead being a journalistic writer is about molding and shaping the "facts" into a "sound byte sculpture" that meets the expected terms of the establishment's agenda. Using vernacular of the twenty-first century, this is what's known as the main stream press.

I fully expect the news reporters, broadcasters, pundits, and professional bloggers to come out in droves with their own explanation of what has happened on the floor of the US Supreme Court during the last three days. And if you are well informed and have a modicum of common sense, what you hear will be something significantly different than what you thought you observed. A coach will often say that it's the talent of the athletes that makes coaches appear smart. I suspect throughout the AP cubicles across America, the writers are bemoaning how the governments "athletes" performed less than adequate, or that their level of talent failed to meet their expectations. Never fear, that just means in order to make the "journalistic coach" look smart will take a bit more imagination and a greater challenge. From what I've seen and heard over the last decade, I am confident, the AP establishment is up to the challenge.

I predict, before the sun sets, the Spin will sound something like: even though the government attorneys that presented their oral argument to the US Supreme Court Justices appeared timid and unprepared, this was actually their intent. They hoped to establish themselves as "the underdog". And anyone who enjoys competition of any sort, appreciates the courage of the "underdog", and generally finds themselves sympathetic to the overwhelming challenges they face. By appearing meek and unpolished, they actually found favor with the Court and with America. Their tactics, though unconventional, were genius. Doesn't an opportunity to take your case before the highest and most intellectual body in the land mandate unconventional and unique? When one ponders all of the thousands of cases that have been argued before the Supreme Court, how many of these followed the conventional and predictable course. Not these courageous litigators, they developed a new, and refreshing tactic, to come across as humble, even self-deprecating, which in turn displayed their brilliance. I fully expect to hear some of these statements before the day is over.

It will not surprise me in the least if the pundits claim that the public appreciates how the political establishment, generally reserved for the elite of our society, actually went into battle representing the everyday Joes who are unable to defend themselves? Isn't that what the entire Patient Protection and Affordable Care Act (PPACA) is all about, a willing and helpful government, whose benevolent purpose is to provide health care for all of those uninsured Americans who simply cannot help themselves? Aren't the attorneys who are arguing this landmark case before the highest court in the land, no different than David slinging a few health care stones at the mighty Conservative and uncaring Goliath who doesn't understand or care about those poor Americans who, at no fault of their own, are uninsured? Isn't that what this is all about, these uninsured underdogs of our society being shut out of hospitals, and being denied medical care because of their pre-existing conditions? Isn't this about all of the less fortunate citizens throughout America, who have been overlooked and ignored, until now? Thanks to a compassionate group of attorneys, who grasp the plight of the poor, the tired, and the forgotten forty million uninsured Americans, their one small voice will be heard loudly before the US Supreme Court. And that's why their methods, though unorthodox, are genius, because they show us all that they truly get it. This is what I fully expect to hear before this day ends.

Yes, I fully expect the Spin doctors to begin explaining to the well-informed silent majority that the appearance of timidity and the lack of preparation was actually the intent, and that we will be surprised at just how effective this technique was. And, if we let our guard down for even a second, we may realize, whether intentional or by accident, that the overall effect of the past three days did serve a valuable purpose for the current administration, it managed to lower the bar, even if only a bit. And it gave the supporters of the PPACA a huge gift; it took the entire onus for providing health insurance directly off of their own shoulders and shifted the onus directly upon the shoulders of the other team.

And, if the Court unexpectedly declares that the health insurance mandate is indeed unconstitutional, then the supporters will immediately claim that the uncompassionate conservatives don't care about the uninsured and less fortunate of our society. And unfortunately, this argument will likely stand, as long as we continue to ignore and deliberately refuse to engage in the discussion about the actual issue facing America, and it isn't whether our underdogs should be required to purchase health insurance. The discussion we've failed to have, the question we've refused to answer as a society, is whether or not health care is a right or a privilege. And since we have passed directly over this discussion, like spectators at a sporting event, we will continue to be entertained by the performers in the ring, both the favorites, and the underdogs.

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Drug Overdose Lawsuits

Drug Overdose Lawsuits in Florida

In the state of Florida, doctors and pharmacists are held to a standard that requires them to take care of their patients and make certain that their best interests are always adhered to. Unfortunately, this expectation is too high for certain individuals in the medical profession, and their actions (or lack thereof) have led to many cases where a patient unintentionally, or through the instructions of a doctor or pharmacist, overdoses on prescription drugs.

From 1991 to 2001 in Florida, there was a death rate increase of 325% in non-suicidal poisonings due to drugs of various sorts. Furthermore, prescription drugs now account for 76.1% of all drug overdose deaths in the state. This all leads to the fact that there have been major missteps by those who prescribe or distribute drugs in many cases. If you or a loved one has had to deal with a drug overdose due to mistakes made by medical professionals, you may be eligible for compensation in the form of damages.

Common Drugs in Prescription Overdose Cases in Florida

There are countless prescription drugs that can cause adverse reactions to those taking them. Considering that almost all medical patients do not have a strong understanding of prescription drugs and their effects, it is the responsibility of the doctors and pharmacists to make sure that what you are ingesting will not be a dangerous to your physiology. In Florida, there are a few prescription drugs in particular that have been found to be major causes of overdoses. Some of these drugs include:

• Oxycodone • Benzodiazepines • Methodone • Alprazolam • Xanax • Vicodin

Furthermore, some of the more common mistakes that a pharmacist can make are: misread illegible doctor handwriting, misunderstood abbreviations, miscalculation of dosages, administering the drug incorrectly. This is in addition to the fundamental mistakes that a doctor may make, including failure to fully read the patient's medical chart or a failure to monitor the patient while on medication.

Damages in Florida

In the state of Florida, the damages that a plaintiff may be eligible for is dependent on what is called the "flexibility theory of damages," which means that a plaintiffs may seek reimbursement of out-of-pocket expenses, or reasonable future lost profits, but not both. It can be accurately assumed that this is a doctrine limiting the availability of damages, making the process a bit more difficult. Even with this being the case, there are three distinct categories of damages that a Florida resident can sue for, Nominal, Compensatory and Punitive:

Nominal - Nominal damages are awarded when a legal wrong has been proven, but the plaintiff party has suffered no damages or where recoverable damages were not proven.

Compensatory - Generally, there are two types of compensatory damages: economic and non-economic. Economic damages consist of lost pay, medical expenses and a numerous other financial consequences arising from the overdose itself. Non-economic damages are much more difficult to accurately calculate. These damages are intended to compensate for your pain and suffering, disability, disfigurement, mental anguish and loss of capacity for the enjoyment of life.

Punitive - In general, punitive damages in Florida are governed by Florida Statutes § 768.72. These statutes provide that a defendant may be held liable for punitive damages only if the judge or jury, based on clear and credible evidence, finds that the defendant was individually guilty of intentional misconduct or gross negligence.

Having a basic understanding of what you may be eligible for in a medical malpractice lawsuit, in regards to damages, along with working side by side with a Florida medical malpractice attorney, will allow you to make the most of the difficult and life-changing situation by giving you the legal resources necessary to gain back what was lost, and move on with your life.

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