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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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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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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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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