Failure to Diagnose and the Ones Responsible

Submitted by jrlaw on Aug 31st, 2011

Almost half of the medical malpractice claims filed every year allege that a doctor failed to diagnose a dangerous condition suffered by a patient. A case in Indiana gives a good example of how these cases work.

Dr. Mark Weinberger was sued in civil court for failing to diagnose lung cancer in one of his patients. The patient was treated for other medical conditions, according to an article from NBC Chicago, leading to the lawsuit. The reason for the other treatments was alleged to have been a scheme to make money off of the patient, according to the suit.

The jury ended up taking the patient's side and awarding her $13 million in damages due to the diagnosis. The doctor is currently facing criminal charges for healthcare fraud in a separate case from the one that led to the lawsuit.

Failure to Diagnose and Medical Malpractice

The lawyers that argued for Weinberger tried to defend their client by pointing out that cancer can be hard to detect, according to the article. This, of course, is true and many cancers aren't discovered by doctors until their later stages. This doesn’t mean that doctors don't have a duty to their patients and that failing to diagnose a potentially deadly condition is excused because it's hard. The jury, in this case, found that the doctor's failure to diagnose the cancer was a breach of duty to his patients.

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.

When to Talk to a Dallas Medical Malpractice Lawyer

Submitted by jrlaw on Jul 28th, 2011

 There are several situations when you may want to consider meeting with a Dallas medical malpractice lawyer. Whenever you go to a hospital and are treated by a medical professional, that medical professional and the hospital or other healthcare facility that you're at has taken on a particular set of responsibilities to you. Not living up to these responsibilities can sometimes be construed as an act of medical negligence. When you suffer physical pain and suffering or actual physical harm because of these incidents, one of your resources is to see if you can press a lawsuit for medical malpractice.

Finding Reliable Medical Negligence Information

Submitted by jrlaw on Jul 28th, 2011

If you’re wondering if you’ve been the victim of medical negligence, you need to speak with a Texas medical negligence lawyer. These legal professionals can tell you what’s really going on with your claim, if you have one, and whether it’s worth pursuing it in court. There are many different types of medical errors that can ascend to the level of medical negligence, from failure to diagnose to botching a surgery. In some cases, however, patients make the mistake of thinking that certain practices and behaviors on the part of medical professionals are medical malpractice when this is not actually the case.

When to Consider a Malpractice Claim

Submitted by jrlaw on Jun 15th, 2011

Going ahead with a medical malpractice claim is a big decision. It's oftentimes very intimidating, and going to court is never something that people look forward to. If you're wondering if you're in a good position to file a lawsuit, consider the following.

1. Were you Treated Negligently?

Medical malpractice claims hinge on your being treated negligently by the doctor in some regard. This may or may not involve outright incompetence. In some cases, a very good, very skilled doctor may have attended you, but they may have been negligent in the care they gave. Your lawyer will help you determine where and when negligence came into play and how it fits into your experience.

2. Did You Suffer?

Pain and suffering are almost always a part of a medical malpractice claim. This is hard to quantify in dollars, but attorneys can help you come up with an appropriate figure. They'll do this as part of putting your entire claim together. This is subjective, of course, but other cases provide guidance as to how much to ask for in your claim. If you suffered because of a doctor's negligent treatment, malpractice claims are something to consider.

Helping You Find a Medical Malpractice Attorney

Submitted by jrlaw on May 16th, 2011

Finding a lawyer to help you pursue a physician malpractice action requires that you put some serious consideration into the skills of the attorney that you hire and the way in which they are willing to work with you. For example, it's best to hire an attorney who works under a contingency agreement so that you don't have to worry about paying a huge amount of legal fees if it turns out that they can't do anything to help you with your case. You will also need to make sure that the attorney that you hire has some experience in these matters. Malpractice lawyers need to have access to the appropriate resources to pursue these cases effectively.

Medical Malpractice Claims and Awards

Submitted by jrlaw on Apr 7th, 2011

Malpractice lawyers deal with the law as it regards the obligations of doctors to their patients. The law is very specific where the duties of a physician to their patients are concerned. Whenever a physician takes on the patient, they take on an obligation to provide them with competent medical care and with effective treatments. They can also be held liable under the law if they are negligentful by way of a failure to diagnose condition that worsens and results in real harm to their patient.

Failure to diagnose accounts for nearly half of the malpractice claims brought every year. There are specific limits to how much responsibility a physician has to their patient where diagnosing an illness successfully is concerned, however. For instance, if the patient deliberately hides the illness from them, refuses the testing that would've revealed the illness or otherwise foils the doctor’s efforts to examine them, the patient cannot really say the doctor failed to diagnose them.

What You May Not Know About Medical Malpractice!

Submitted by Anonymous on Apr 5th, 2011

Much as is the case with psychology, there is something of a popular understanding of medical malpractice that doesn't quite line up with what the term actually means. Malpractice claims have to do with a doctor taking you on as a patient, accepting that they have a duty to provide you with healthcare and failing in their duty. When this is the case, patients have the right to talk to a lawyer and see if there was some sort of medical negligence involved. Medical negligence, however, is not necessarily what people like to think it is.

Paying for the Treatment of Cerebral Palsy

Submitted by Anonymous on Mar 17th, 2011

The treatment of cerebral palsy can be a very expensive proposition. This condition results from brain damage, so no treatment will actually cure it. There are, however, some treatments that can help to alleviate some of the symptoms of cerebral palsy. The most significant symptom of cerebral palsy is an uneven muscle tone. Most sufferers also have a very difficult time controlling their muscles and fine motor skills are sometimes not present in people with severe cerebral palsy. Certain types of cerebral palsy have symptoms that are more or less characteristic of their particular incarnation of the condition. For example, dyskinetic cerebral palsy is particularly difficult for sufferers because most of them have completely normal intelligence but have great difficulty controlling their muscles, oftentimes to the point of having trouble with drooling.

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.

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