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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Medical Negligence Solicitors Are Your Friend

The term 'medical negligence' refers to any harm or injury a person has suffered from, due to negligence or error in treatment by a medical professional. A medical negligence solicitor is a person who helps people who have suffered from negligence, and helps them claim compensation according to the law. A patient who visits a doctor places all his trust in the doctor's abilities, and consults him in the belief that he will do only what is best for the patient. Hence, when the doctor's negligence causes any physical injury or mental stress, he can approach a solicitor to claim damages.

When to Contact a Medical Negligence Solicitor

Any patient can get in touch with a solicitor about claiming damages if he (or someone from his immediate family) has been harmed or injured by any way by a wrong diagnosis; a surgical error, like mistake in the dosage of anaesthetic given during surgery, or an instrument left inside the body; any infection contracted due to unclean conditions in a hospital; a wrong prescription given to him; death of a family member due to negligence; or birth problems like cerebral palsy which could have been caused by medical error.

Medical Negligence Claims

The amount of compensation that a patient claims depends on his case, and the circumstances. In general, the claim may include compensation for the actual physical injury and mental trauma suffered by the patient due to negligence; loss of income due to the medical error, and loss of future income due to the same; general expenses related to the injury and trauma (for its treatment, travel expenses incurred during the treatment, etc); cost of care required after the negligence occurred; and compensation for any lifestyle changes the patient may have to make.

Contact a Medical Negligence Solicitor Now

Medical negligence solicitors are available in plenty in the UK, and they help thousands of patients who have suffered due to inadequate care from medical professionals. If you think your sufferings have been caused by negligence, the best way to get started is to contact a medical negligence solicitor right away. The solicitor will help you get together all the facts and documents necessary and related to the case, and approach the courts with a lawsuit for compensation. Today, most medical solicitors work for free until the case is won - that means they will take up your case for free, and charge a fee only if you are awarded damages for negligent care.

Solicitors aim to help their clients get amounts of money that can partly compensate for the injury or losses they have suffered. Of course, no amount of money can make up for injuries, loss of limb, or the loss of a loved one, but the damages won in a medical negligence case can be used to help the sufferer or the survivor improve the quality of his life, now that he is in a situation he never expected to find himself in, and for no fault of his own.

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Clinical Negligence: An Introduction and Definition

In life things go wrong every day; people make mistakes and errors some of which impact other people. In the medical profession when things go wrong other individuals are generally affected, sometimes in particularly negative ways. The vast majority of doctors and medical professionals want to do the best they can for their patients but accidents can happen. In addition to this there can be lapses in concentration or judgement that can result in doctors failing in their duty to provide healthcare. Stress and problems in doctors' personal lives can have a bearing on their work performance just like in other careers - they are only human after all. There are also extremely rare cases of doctors or medical professionals deliberately or maliciously harming their patients. If you feel that a doctor has failed in their duty to look after their patients or has been negligent or caused harm (both physical and emotional) there are a number of ways to deal with the situation.

Firstly you will need to think calmly about your problem and whether you actually have a case. You will need to act rationally and sensibly as rash actions can cause further problems. You will need to work out what you want to achieve. In most cases many people want an explanation for the reasoning or cause of their case and many just want an apology. In more extreme cases some people may wish to take legal action to achieve recompense for the problems they have suffered. One of the first things you will need to do is to make a complaint in writing. All general practices should have a complaints procedure that you can follow. Once you have submitted your complaint to the correct people you should receive a response. If this response is unsatisfying you can take it further by submitting it your local health authority for a second review.

There are a number of organisations that can help you with making a complaint or can give you advice on your problem. For example, your local Patient Advice and Liaison Service (PALS) can help if you have concerns or wish to make a complaint about the quality of care you receive from the NHS. The Citizens' Advice Bureau can also advise those who wish to make a complaint about being poorly treated or misdiagnosed by your GP. The Independent Complaint Advocacy Services is an impartial service that can help anyone wishing to make a complaint about NHS care or treatment, including private hospital or care home treatment. Finally if you are unsatisfied with the response from your doctor or GP to your complaint you can appeal to the Health Ombudsman. In the majority of cases the Ombudsman will only take action if you have already tried to settle your complaint with your doctor or health care professional and they have responded.

For most cases, the avenues of action listed above are sufficient. However, legal action can be taken in regards to clinical negligence for the more problematic cases and for those seeking compensation. Though legal proceedings can be undertaken, only around 2% of cases actually go to trial, most are settled outside of court. The definition of clinical negligence officially defined as 'a breach of duty of care by members of the health care professions employed by NHS bodies or by others'. In order to be successful a claimant has to prove liability and causation. Liability is where the claimant can prove that the doctor acted in a manner that no other similar professional would have done. Causation is the proof that harm has resulted from the aforementioned actions taken by the doctor. Once these two factors have been proved the claimant's loss is assessed in terms of their reduced quality of life, loss of future earnings and mental distress.

Taking clinical negligence legal action usually requires the services of clinical negligence solicitors. The cases have to follow rules called Civil Procedure Rules (CPRs) that have to be followed by legal professionals. In basic terms in order to take up a clinical negligence law suit, a letter of claim has to be sent and the 'defendant' will have to gather information and respond to the letter. If this is not satisfactory the claimant will have to issue 'particulars of claim' and 'particulars of negligence'. The defending parties will then have to produce a formal defence. If the case continues it will eventually be taken to trial.

There are several ways of dealing with a complaint about medical care and a number of organisations that will help you to do so. You will need to think clearly about your case and your complaint. If you are still unsatisfied by the result of your complaint you may need to involve legal professionals.

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Have I Got a Down's Syndrome or Cerebral Palsy Claim?

Down's Syndrome and Cerebral Palsy for Clinical Negligence

Pregnancy can be both an exciting and worrisome time for those expecting and their families. With ever increasing medical advances it is now possible to screen for various defects such as Down's Syndrome and other conditions, prior to birth.

The risk of a child being born with Down's Syndrome directly correlates to the age of the mother. The risks become much greater the older the expectant mother becomes:

•1:1,500 at 20 years of age •1:800 at 30 years of age •1:270 at 35 years of age •1:100 at 40 years of age •1:50 at 45+ years of age

However, there are various screening programs, which aim to determine which pregnancies may be affected. There are two screening methods, which include serum screening and ultrasound screening. These methods can be used in isolation, but are much more effective if used in conjunction with one another.

The 12 week scan provides an excellent opportunity not only to date the pregnancy, but also to check for Down's Syndrome. Down's Syndrome can most easily be detected from an ultrasound scan between 11 weeks and 2 days and 13 weeks and 6 days gestation. However, the most accurate readings occur at 12 weeks.

An expectant mother should also receive a blood test at 10 and 15 weeks and this should be read in conjunction with the 12 week scan. If both are considered together, there should be ample opportunity for an experienced sonographer to detect foetal abnormalities.

When examining the foetus, the sonographer will examine in some detail the nuchal translucency. This is a small pocket of fluid beneath the skin in the foetus' neck and this is present and seen in all foetuses in early pregnancy. The pocket of fluid is often increased in foetuses with Down's Syndrome.

The sonographer will measure the nuchal translucency, which often appears on the ultrasound scan as a black space under the skin. The nuchal translucency should normally measure no more than 2.5mm. If the nuchal translucency measures more than 2.5mm, then there is an increased risk that the child will suffer from Down's Syndrome.

In addition to this the sonographer will consider the foetus' nasal bone. Significant research indicates that the shape of the nasal bone is a clear indicator, which should not be overlooked.

If the screening test illustrates that there is a chance that the foetus may have Down's Syndrome, and where the risk that the foetus may have Down's Syndrome is greater than a one in 250 chance, the expectant mother will be offered a diagnostic test.

There are two diagnostic tests available - chorionic villus sampling (CVS) and amniocentesisis. CVS testing occurs between 11-14 weeks and amniocentesisis testing is performed at 16 weeks of pregnancy.

Amniocentesisis Testing

An Ultrasound scan will clarify the position of the baby in the womb. A needle will be inserted through the abdomen of the expectant mother into the womb and a sample of the amniotic fluid will be taken. The amniotic fluid will be analysed and a diagnosis determined.

Chorionic villus sampling

An ultrasound scan is used to guide a needle into the abdomen and a tissue sample is taken from the placenta. The sample is analysed in the laboratory and a diagnosis determined.

There is an increased risk of miscarriage when a diagnosistic test is undertaken.

Cerebral Palsy and Clinical Negligence

There are various other complications that can occur during both pregnancy and during childbirth. Cerebral Palsy is a condition affecting a child's brain that can cause both physical and mental disability. This can occur before, during or after the delivery and there are numerous factors which can result in a child developing Cerebral Palsy. For example as a result of problems with blood supply to the baby's brain during delivery and birth trauma. However, Cerebral Palsy can occur while the baby is still growing in the womb.

Unlike Down's Syndrome, it is not possible to test for Cerebral Palsy in the foetus. There are various different methods that doctors use to help diagnose Cerebral Palsy. Primarily doctors will begin by testing the child's motor skills and analysing the child's past medical history.

Symptoms of Cerebral Palsy

Some of the symptoms of Cerebral Palsy include:

· Developmental delay

· Problems walking, eating, talking

· Poor co-ordination

· Poor balance

· Learning difficulties

· Abnormal muscle tone

· Poor posture

A doctor can also perform various medical tests such as MRI Scans, CT Scans, and ultrasounds to help diagnose Cerebral Palsy.

If you are concerned as to how your pregnancy was managed and any resulting injury to you or your child then you should contact specialist Down's Syndrome and Cerebral Palsy clinical negligence lawyers.

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What Is A Non Traumatic Brain Injury?

An injury such as this is one which has not occurred as a direct result of trauma to the head. Rather, it is an injury which has been brought about because of a medical disorder like disease, infection or a tumour. Contrary to what its label may imply, this type of condition is very distressing for victims and their families.

An injury to the brain such as this is also classed as an Acquired Brain Injury (ABI) in that is has come into existence since birth (or indeed, even during childbirth). The fundamental difference between the two types of injury (traumatic and non-traumatic), is that the latter occurs throughout the brain on a cellular level rather than in one concentrated area (localized). Symptoms vary across the spectrum, from mild to severe.

Types of non-traumatic brain injury

Anoxic Injury

Anoxic injury occurs when the brain is not receiving enough oxygen, this often happens during a cardiac arrest situation.

The 3 kinds of anoxic injury are:

Anaemic Anoxia No oxygen is present in the blood that flows to the brain.

Anoxic Anoxia The brain is starved of oxygen.

Toxic Anoxia When toxics in the blood prevent oxygen getting through to the brain.

Hypoxic Injury

Hypoxic Injury occurs when some of the brain cells die through lack of oxygen.

Detection and Diagnosis

Because of the wide spread and often microscopic damage of a non-traumatic brain injury it can be difficult to diagnose with a CAT scan; MRI scans are more successful in detecting brain damage but the high cost of using them is often somewhat limiting.

Common causes

Encephalitis - swelling of the brain caused by an infection Toxic or metabolic injury happens when a person has been over-exposed to harmful chemicals or substances Vascular problems which can result in low blood supply to the brain When cells in the brain mutate and form a brain tumour Methods of brain tumour treatment e.g. chemotherapy Degenerative diseases like Alzheimer's or Parkinson's disease Viruses are a common cause of a non-traumatic brain injury Meningitis (meningeal swelling)

Other instances where this type of injury has resulted includes meningitis, (meningeal swelling); Metabolic disorders; Aneurysms; Diabetic comas; Drug abuse; near-drowning experiences.

Children who suffer a non-traumatic brain injury experience more onerous symptoms in cognitive and behavioural areas. They often spend longer in a coma and can sustain muscle disorders like cerebral palsy.

Medical negligence in non-traumatic brain injuries

Because these types of brain injury do not have a direct correlation with a single physical blow to the head and are usually related to complex diseases or conditions, victims can be forgiven for presuming a claim would not be viable. However, there are a number of reasons why a medical negligence claim in a case of non-traumatic brain injury is indeed, very plausible.

Examples of situations where medical negligence may lead to a non-traumatic brain injury

Incorrect diagnosis and failure of prompt treatment Carelessness during or after surgery where there has been an interruption of oxygen to the brain Mistakes made with prescriptions Infections caught in hospital Birth injuries, e.g. cerebral palsy Failure to detect the onset of a stroke Incorrect treatment or misdiagnosis of meningitis or failure

On top of a very distressing medical condition, victims and their families have to also deal with the pressure of loss of earnings, rehabilitation & corrective treatment costs, private care outlays and other associated expenditures.

Investigating how a non-traumatic brain injury was caused and who is responsible can be a complex process but our expert legal team has a wealth of knowledge and experience in all types of personal injury and compensation claims and are fully conversant in all forms of medical protocol necessary to deal with your claim intelligently and appropriately.

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Nursing Care Malpractice (Part II)

(Nursing Care Malpractice Part One discussed what is medical malpractice and the Indiana laws regarding medical malpractice. This article will discuss what happens if I get named in a lawsuit and should I have my own malpractice insurance. We all make mistakes just because we are human beings.)

What Happens If I Get Named In A Lawsuit?

There are two parties in a lawsuit, the plaintiff who is the patient initiating the suit and the second party is the defendant, who is the doctor or healthcare provider who is defending himself in the case. The plaintiff has the burden of proof to prove that there is medical malpractice. The burden of proof is that it is more likely than not that the defendant breached the standard of care.

The easiest example is by looking at the scales of justice. One side is for the plaintiff and the other is for the defendant. Plaintiff has met their burden of proof when the scale tips slightly to their side. It is unlikely for a nurse to get named individually. It is more likely that the employer will be named. As an employee of a healthcare entity such as a physician's office, hospital, nursing home or home healthcare service, the employer is responsible for the acts of negligence of its employees. The only exception where an employer will not be responsible for the acts of a nurses if the nurse is acting outside the scope of his/her responsibility. For example, if the nurse is ordering medication without a physician's order, the nurse is practicing medicine without a license and acting outside the scope of her responsibility.

Although it is unlikely that a nurse will get named as a defendant, it is possible that the defendant's attorney will ask to take the nurse's deposition. Even if a nurse is not directly named, this only affects payment and not the nurse's own accountability. The nurse should still be proactive to avoid any implication of malpractice.

What is A Deposition?

A deposition is simply a process where a witness is asked questions under oath. The court reporter takes everything down that the witness says. In a lawsuit, there should be no surprises. Both sides are entitled to get as much information as they can from anybody who has knowledge regarding the case.

If a nurse is asked to have his/her deposition taken, the attorney for the employer will properly prepare the nurse for the deposition.

Should I Have My Own Malpractice Insurance?

Whether or not to have your own malpractice insurance is a personal choice. The benefit of having your own is that it gives you a right to have your own attorney present at a deposition.

If you choose to have malpractice insurance, it is imperative that you become a qualified healthcare provider under the Indiana Patients Compensation Fund. In Part One of this article series we noted that, to have a healthcare provider's liability limited to $1,250,000.00, one must voluntarily participate and be qualified under the Indiana Patients Compensation Fund pursuant to the Indiana Medical Malpractice Act ("Act").

This requires that your insurance company pay an additional premium so as to qualify you under the Act. Nursing malpractice insurance is relatively inexpensive. However, it is more expensive to be covered by the Act. You must remember that it gives you certain benefits of limiting your liability so that there is no personal exposure. The Act also requires that your case must be presented to a medical review panel before it can proceed in court.

It is also advisable to have your own attorney if the hospital's interests are different from yours. If your position was terminated over this incident or you feel like the hospital will not support you in the care that you provided, it is advisable to have your own legal representation. In any event, it is advisable to seek the advice of an attorney should you get named in a suit or be asked to have your deposition taken because your testimony will be under oath and it can be given to the Indiana State Board of Nursing for further action if the Board deems necessary.

The best defense is a strong offense. By practicing defensive nursing care and charting thoroughly and being proactive with your care, it will save you a lot of time and trouble in the future.

After a long day it is difficult to have the energy to sit down and chart extensively, but imagine picking up a chart two to three years after the malpractice occurred and trying to remember what happened. I would challenge each one of you to pick up a chart that you wrote on six months ago and see how good your recollection is and see how well your notes protected you.

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Vaginal Mesh For Pelvic Prolapse: Treatment Causes More Damage For Some Women

It is unacceptable when a medical procedure intended to make a patient feel much better goes bad and causes additional pain and discomfort. It's even worse if the medical procedure causes serious, permanent debilitating injury or loss of life.

A good example is recent problems experienced with vaginal mesh, a good medical tool intended to restore a normal life to women who have been suffering but sometimes results in their quality of life worsening.

Vaginal mesh has been commonly used by doctors for women suffering from pelvic organ prolapse where a woman's uterus, bladder or rectum slips out of place. A common treatment has been to implant vaginal mesh to strengthen vaginal or other tissue that has weakened, usually after childbirth.

Surgical mesh, generally used to repair weakened or damaged tissue, is made from porous absorbable or non-absorbable synthetic material or absorbable biologic material. Surgical mesh can be used for urogynecologic procedures, including repair of pelvic organ prolapse and stress urinary incontinence. It is permanently implanted to reinforce the weakened vaginal wall for Pelvic Organ Prolapse (POP) repair or support the urethra or bladder neck for the repair of Stress Urinary Incontinence (SUI).

About 100,000 women were treated or pelvic organ prolapse with surgical mesh in 2010, with 75,000 of those implanted vaginally. The FDA for the first time began sending warnings to doctors, citing more than 1,000 manufacturer reports of complaints from 2005-2007. Since then the number of complaints regarding vaginal mesh has increased five times. Most of the complications involve erosion where the skin breaks and the device protrudes or contraction of the mesh that results in vaginal shrinkage.

There are new treatments for pelvic organ prolapse that can be corrected in one day minimally invasive with minimal recovery times. Dr. Adeeti Gupta, MD and OBGN of Flushing, NY, uses this treatment because women suffering from prolapse face enough problems without having risking mesh implants that can worsen their lives.

"Urine incontinence and pelvic organ prolapse is a very prevalent and distressing condition in women," says Dr. Gupta. "But because of the fear of guilt and shame, women are afraid to come out in the open with these problems. I can help these women, and it is very gratifying to be able to improve their quality of life."

Events regarding use of vaginal mesh have escalated rapidly since 2010. In 2012 the FDA ordered transvaginal manufacturers to study the risks involved after receiving more than 3,800 reports in 2011 of complications related to vaginal mesh. As a result manufacturers are required to submit study plans to the FDA that address specific safety and effectiveness concerns related to surgical mesh devices for pelvic organ prolapse and single-incision mini-sling devices for incontinence issues. Data from the studies will enable the agency to better understand the safety and effectiveness profiles of these devices.

Some of the dangerous side effects of vaginal mesh include

• Erosion of the vaginal epithelium • Bladder of bowel perforation • Serious infection • Return of Pelvic Organ Prolapse • Urinary Incontinence • Additional Surgery

Because of the growing reports of complications, there has been a marked increase in lawsuits filed against manufacturers - as of May 2012, 335 against AMS, 268 against Johnson & Johnson's Ethicon division, 205 against Boston Scientific and 645 lawsuits filed against C.R. Bard.

In March 2012 Bloomberg News reported that Johnson & Johnson sold vaginal mesh implants for three years before was approved for use by the FDA.

Because of these developments, any woman who has had a vaginal mesh implant should make an appointment with the physician who performed the implant for an examination and to learn from the doctor which manufacturer made the device. After having all their medical questions answered, afflicted women should then talk with a knowledgeable attorney about what actions, if any, should be taken.

To succeed in a medical malpractice lawsuit the patient's well-being has to be made worse because of a treatment or procedure, the worsened condition has to be the result of negligence, and it certainly helps when there has been a willful decision to continue after warnings have been issued.

Manufacturers will and have ignored warnings and cautions from the FDA but they do listen closely to their attorneys when advised of the filing of medical malpractice lawsuits. Any woman who has been harmed by a vaginal implant should consider legal action as a means to stop manufacturers continuing business practices that will harm other women. Victims of vaginal implants should also consider legal action as a means of getting the justice they so much deserve.

So my best advice to vaginal mesh implant victims is to first consult your physician and then consult an attorney who specializes in medical equipment malfunctioning. This is the very best way to make a painful situation better and find a remedy for women who become victims because of the greed and carelessness of people and companies they should be able to trust.

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What Is Shoulder Chondrolysis?

Shoulder chondrolysis, also known as post arthroscopic glenohumeral chondrolysis (PAGCL), is a somewhat new condition that refers to the cartilage of the shoulder deteriorating after arthroscopic surgical procedures.

This condition can be quite devastating, causes severe discomfort and pain, and can limit the shoulder on a permanent basis. There are no treatments at this time that are known to be effective in repairing the cartilage damage, and many patients are faced with having to undergo another surgical procedure referred to as glenohumeral arthoplasty, or a shoulder replacement.

To make matters even worse, the main cause of shoulder chondrolysis has been tied to the use of intra articular pain pumps. These pumps are designed to administer medication to the joint of the shoulder after an arthroscopic surgical procedure.

The joint that comprises the shoulder is very unique and moves in more directions than any other joint within the entire body. If the shoulder does not have the proper amount of cartilage needed it cannot move and function in the proper manner, and it cannot operate without pain and discomfort. Because of this, the loss of cartilage that cannot be repaired due to the condition known as glenohumeral chondrolysis has serious implications.

The condition of post arthroscopic glenohumeral chondrolysis (PAGCL) was first recognized in medical journals as a condition that develops suddenly over the course of the months following arthroscopic surgery. After several months of patients being monitored for expected improvement in their situation, those who developed PAGCL experienced the pain roughly three to twelve months after the procedure was done.

The most common symptoms of PAGCL include the following: pain in the shoulder either when moving or when still, and in some cases both; popping in the shoulder; grinding in the shoulder; clicking in the shoulder; shoulder stiffness; a decrease in the range of motion in the shoulder; weakness in the shoulder.

Studies have asserted that the new pain that is associated with the condition of PAGCL is not reported for a few months after the surgery because until that time there is a great deal of protection is in place for the shoulder, and there is a limited amount of use for the joint after the surgery.

It is not until three months time has passed that more strenuous activities and exercises can begin, leading to the reports of symptoms due to the lack of cartilage. Most of the cases of PAGCL develop within three to five months post surgery, with a few cases not surfacing for a year or more.

It is quite common for a disposable shoulder pain pump to be placed into use after arthroscopic shoulder surgical procedures. This device sends medication directly into the joint of the shoulder in an effort to keep pain at bay. To date, there have been a number or research reports that have confirmed the link between the use of these disposable pain pumps to the development of the condition of post arthroscopic glenohumeral chondrolysis.

These cases are quite disturbing on a number of levels, especially since patients trusted that these pain devices were safe and would help them to recover, not cause irreparable damage. To make matters even worse, it is currently debated just how much the manufacturer of the pain pump knew, and how much research or how many warnings were not adequately provided to consumers as well as medical professionals.

Drug manufacturers owe the public whom they serve a particular duty of care. This duty of care assures consumers that they have conducted adequate research, have run trials, and have complied with all FDA guidelines for safety prior to the medication or device hitting the market. Any time this duty of cares is breached, the manufacturer can be, and should be held accountable for any damage that has been done, and all injuries that were suffered.

If you or someone you know has suffered cartilage damage to the shoulder because of using a shoulder pain pump for pain management following an arthroscopic surgical procedure, you may be entitled to file a post arthroscopic glenohumeral chondrolysis lawsuit and seek compensation. You should not delay in seeking legal advice regarding how to proceed with your claim.

A personal injury attorney who specializes in the area of medical negligence and malpractice is extremely skilled in managing these cases, and will be able to review your details to assess the validity of your case. There are a number of personal lawsuits, as well as class action lawsuits pending that involve shoulder chondrolysis issues, so it is recommended that you consult with a qualified attorney promptly.

These types of cases can be quite complex, involve a large amount of evidence, and hinge many small details. Because of this, it is not recommended that you attempt to file a claim of this nature on your own without professional guidance. A personal injury attorney will handle every aspect of your case, from start to finish, and will work on your behalf to seek compensation for the injuries you have suffered.

Since most personal injury attorneys work on contingency basis, you have no worries about how to pay for your claim as it progresses through the system. You will not have to pay anything until the time your case settles.

PAGCL and the issues it causes patients is quite serious and one that needs to be addressed. The manufacturer of the pain pumps that led to people all over the United States needlessly suffering needs to be held accountable, and needs to be punished to the fullest extent of the law for their failure to warn the public as to this painful, debilitating, and devastating side effect.

While a personal injury attorney cannot undo the damage that has been done, he or she can help you to obtain monetary compensation for your injuries to help cover past, present, and future medical bills associated with your injuries. You may also be entitled to receive compensation for pain and suffering, as well as punitive damages which are meant to punish the responsible party in an effort to deter future similar acts.

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Why the Fear of a Malpractice Lawsuit May Be Causing Malpractice

As a malpractice attorney in San Antonio Texas, I found a recent medical survey of interest. A finding from a 2011 survey of physicians sheds light on medical malpractice fears, and the effect of such fears on patient care. The report was so shocking, that it got a lot of press. I read through the report, and want to present some highlights I found interesting.

The question that was posed to physicians was as follows: "Does Fear of a Medical Malpractice Lawsuit Drive TOO MUCH CARE?"

Surprisingly, 42% of physicians surveyed indicated that the patients in their own practice were getting TOO MUCH care, while only 6% of those surveyed thought that their patients received too little care.

So, what did the physicians state as the cause for the excessive care? There were three main fears, listed in descending order.

Medical Malpractice Fears

1. 76% of doctors surveyed blamed medical malpractice concerns on their over-treatment of patients.

2. 83% of doctors surveyed also believed that they would likely be sued for failing to order a test if it had any relation to treating the patient.

3. Conversely, only 21% of the doctors believed that they could be sued for ordering a test that was unnecessary.

Lack of Time

40% of those surveyed stated that inadequate time with the patients likely led them to order unnecessary tests, or refer patients to specialists, rather than utilize less-aggressive methods of accessing and diagnosing patients.

Financial Incentives

While financial incentives were cited by 35% of those surveyed, those addressing the financial incentive as an issue generally thought that financial incentives to over-treat only affected the "other guy," but was not a factor in their own practice. When looking at the numbers, clear finger pointing emerges.

• Only 3% stated that financial considerations had any influence on their own care prescriptions

• However, 39% claimed that financial incentives affected other doctors decisions regarding methods of care.

• Additionally, 62% of those surveyed particularly thought that financial incentives particularly affected sub-specialist physicians.

Ironically, the fear of malpractice lawsuits seem to influence doctors to engage in a course of care that exposes them to greater risk of medical malpractice. Doctors who over-treat run the risk that the adverse effects of unnecessary treatments may injure or cause the death of their patients.

If you or a loved one are injured by the negligence or malpractice of a medical professional, it's important to contact a medical malpractice attorney, such as the medical malpractice in San Antonio Texas at the Barrus Law Group. Our San Antonio medical malpractice lawyers will fight hard to get you the compensation you need to recover from the injuries or death suffered as a result of malpractice. For a free consultation with a malpractice attorney in San Antonio Texas, contact the Barrus Law Group. Our medical malpractice attorneys in San Antonio will work with you one-on-one to represent your interests.

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