MEDICAL MALPRACTICE

Study: Over 400,000 People Die Annually Due to Preventable Hospital Errors

Submitted by jrlaw on Feb 20th, 2015

Preventable Hospital Deaths

Study reveals that over 400,000 deaths per year in America alone are attributed to preventable hospital errors.

Consumers are becoming increasingly concerned over the staggering number of preventable deaths that occur in the American hospitals every year due to medical malpractice. Hospital patients expect a certain degree of safety, and unfortunately, in many cases quite the opposite occurs. Far too many hospital patients are dying as the result of preventable harm.

Statistics and Overview

According to a patient safety study, 440,000 Americans die from preventable harm within hospital settings every year. Think about that number. A study conducted by the Journal of Patient Safety estimated that one-sixth of all annual deaths in the United States are the result of preventable adverse events (PAE’s) that were at least contributory factors.

Medical Malpractice Tort Reform in Texas

Submitted by jrlaw on Feb 2nd, 2015

Texas Tort Reform

Thanks to tort reform passed back in 2003, it is extremely difficult for loved ones of individuals who have died in the hands of negligent medical practitioners to sue and recover adequate compensation.

As of September 2003, the amount one could recover in a medical malpractice lawsuit, as far as noneconomic damages were concerned, was capped at an arbitrary amount of $250,000. Why? Voters were told this tort reform would help stop frivilous lawsuits. In reality, it does nothing to protect against merritless lawsuits, and instead only hurts the victims who were most-seriously injured or killed.

Does a cap on damages prevent lawsuits? No; it prevents the insurance company from having to pay victims more than $250,000.

Texas Family Sues For Medical Malpractice Over Death of Son

Submitted by jrlaw on Mar 17th, 2014

The family of a Dallas child who died as a result of alleged gross medical negligence is currently in the throes of a legal battle with a children’s medical center which allegedly failed to treat the child in a timely manner.  Roberto Llanas Jr. was taken to hospital after he collided with a pole at his school’s playground. He was treated and released shortly after. However, he died a few hours later due to a lacerated kidney and internal hemorrhage.

Necrotizing Faciitis & Medical Malpractice

Submitted by jrlaw on Feb 17th, 2014

When most of us go to the hospital for an injury or illness, we expect to be treated in a timely manner and discharged as soon as the doctor says we’re clear to go back to our daily lives. Recently, there have been reports of a flesh-eating bacteria affecting numerous hospitals and their patients around the country. This disease, also known as necrotizing fasciitis, is due to certain types of anaerobic bacteria gaining entry into the body via the skin and fatty tissue and killing off flesh and organs by spreading toxins across the body. If left untreated, this condition may lead to sepsis, shock and even death.

Vaccine Scares May Be Endangering Children

Submitted by jrlaw on Jun 25th, 2013

You may have heard about claims that vaccines cause autism in children. This has become a popular Internet conspiracy theory and one that does an excellent job of making parents fearful of something that could actually save their child’s life.

There have been cases in the past where drug companies have put very dangerous products on the market. There are, in fact, thousands of cases working their way through the civil courts right now over these matters. Vaccines, however, have not been linked to autism by any serious scientists and not vaccinating children may mean making them take risks that are completely unnecessary.

Be Wary of Alternative Health Scams

Submitted by jrlaw on Jun 25th, 2013

Legitimate doctors are sometimes not the most pleasant people to deal with. They have to maintain what’s called clinical detachment with their patients, which is what allows them to sometimes perform very painful procedures that may be necessary to save your life. They have to do this without flinching or becoming overwhelmed with sympathy so that they maintain a logical, scientific mindset and give you the best healthcare possible.

When doctors do this, some people mistake it for being completely uncaring about patients. The alternative health industry has picked up on this and offers treatments that are kinder, gentler and, according to most research, completely ineffective for anything except making the alternative healthcare practitioners wealthy. Here are some tips you can use to make sure you’re getting real, effective medical care.

Facts You Need to Know About Malpractice

Submitted by jrlaw on Jun 11th, 2013

Every year, medical malpractice costs approximately $3.6 billion in the US, according to Bloomberg. These incidents are not ones where people are looking to get rich the easy way by suing their doctors. There are tens of millions of incidents every single year where someone is harmed by a medical professional and where they end up suing. These incidents are sometimes catastrophic in their outcomes, with people enduring unnecessary suffering, being permanently disabled and sometimes losing their lives.

Broad Based Problem

Remember that medical malpractice involves fare more professionals than doctors alone. While physicians are typically those sued in these cases, the healthcare facility that they work for, nurses, EMTs and others can be the parties that commit medical malpractice, as well. In cases where the person who committed the malpractice works as an employee of a healthcare provider, it is usually the provider themselves who gets sued over the matter, not the individual.

Are Botched Medical Procedures Common

Submitted by jrlaw on Jun 11th, 2013

If you’re considering filing a lawsuit for medical malpractice, you’re certainly not alone. According to data from the National Practitioner Data Bank, around 20% of the malpractice payments made every year are from mistakes of all kinds, including issues with monitoring, giving someone the wrong medication and so forth. Far more malpractice lawsuits are filed over issues with diagnostic errors. Nonetheless, there are some potentially dangerous and even deadly outcomes that go along with errors on the part of doctors and healthcare facilities.

Understanding when It’s Malpractice

In order for a medical error to be considered malpractice, you have to have suffered somehow as a result of the error. Merely having a doctor do something that falls below the accepted standards of care does not qualify as malpractice if you were not harmed in some way.

Were You the Victim of Medical Malpractice?

Submitted by jrlaw on Apr 10th, 2013

If you plan on speaking to an attorney about filing a medical malpractice claim, you should understand some of the basic concepts that define what malpractice is from a legal standpoint. Medical malpractice refers to a situation where a professional – malpractice law also applies to professionals other than doctors – is found to have performed their duties in a way that was negligent, immoral or incompetent. Taking a look at some common situations, you may be able to determine whether or not malpractice played a part in how you came to be injured by a physician.

Cause

In order to have a valid malpractice claim, the doctor’s malpractice actually has to have been the cause of any injuries that you sustained. This can be difficult to establish, which is why medical malpractice attorneys have access to experts who can help sort through a situation and find out whether or not malpractice was, in fact, the reason a given client suffered some sort of injury. There are conditions and diseases that, no matter how skillful a doctor is, will injure and maim. In situations where the doctor did their very best and where they delivered the most professional care possible, they are likely not liable to be sued for malpractice.

Seeing the Signs of Medical Negligence at Birth

Submitted by jrlaw on Apr 10th, 2013

It can take a long time for a medical negligence case involving an injured baby to work its way through the courts. Unfortunately, there isn’t much time after one of these incidents occurs to actually file the lawsuit. That means that parents have to be working quickly when they feel that negligence caused their child’s birth injuries. Attorneys will generally meet with such parents for free, so there is no reason to delay. These are things to look at when you’re wondering whether or not filing a medical negligence claim is merited.

Delayed Care

Many of the claims filed over birth injuries involve mothers who did not receive care when it was needed. Many of those claims also involved delayed C-sections that may have saved the child from injury if they’d been given in time.

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