medical malpractice claims

Understanding Malpractice and Negligence

Submitted by jrlaw on Jul 28th, 2011

Everybody has certain things expected of them in terms of performance at their jobs. The situation is no different for healthcare providers. Whether they are dentists, physicians, nurses, paramedics or other providers of healthcare, there are certain standards expected of them and, when they don't live up to those standards of care, they sometimes find themselves liable for malpractice claims.

Do You Have a Medical Malpractice Case?

Submitted by jrlaw on Jan 27th, 2011

Visiting a doctor is always something of a roller coaster ride. Even if you feel healthy, you know that the doctor could find something that is very serious going on with your body. Part of a doctor’s duty is to perform this service and doctors save lives every day by catching problems before they have a chance to become life-threatening issues.

Failure to diagnose is one of the most common reasons that people file medical malpractice claims. It may seem unfair in some regards, as least at first blush. After all, sometimes illnesses aren’t apparent until they become very serious. This is why there are courts, however. These cases get heard and, if they have merit, the claimant may end up receiving a jury award in consideration of their expenses, pain and suffering. It turns out that many of these cases do have merit and, unfortunately, when doctors miss an illness, it can sometimes prove fatal for the clients, leaving their families bereft of a loved one and oftentimes saddling them with huge medical bills. It’s not fair for people to endure this because of a negligent doctor.

What is Failure to Diagnose?

Submitted by jrlaw on Nov 9th, 2010

Nearly half of the claims for medical malpractice filed every year involve a failure to diagnose a condition. For the casual observer, this may seem a bit unfair. After all, there are plenty of diseases and disorders that can easily be overlooked. The law accounts for this and there are certainly cases where even the best doctor in the world wouldn’t have seen the signs of a specific illness. However, when patients present with symptoms that should tip off any competent doctor to the fact that there’s a problem, suing is sometimes the best option.

A failure to diagnose a serious medical issue can have serious, even deadly, repercussions. Cancer that is missed may elevate in stages between visits and become a terminal disease. Diseases such as diabetes need to be addressed immediately after they’re discovered and, if they aren’t, the patient may suffer a lot more misery than they would if their condition was properly addressed. These cases oftentimes end up affecting the health of the patient involved, of course, and they sometimes also cause significant financial damages to the patient.

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