There are those who believe that there is an epidemic of medical or doctor malpractice, based on estimates of medical errors and the number of errors classified as negligence.
Other authorities say that it is litigation, not malpractice, that is far too common.
Which view is right?
In order to determine whether there is too much or too little malpractice litigation, it is necessary to determine how efficient the tort liability system is in compensating patients who are injured by medical errors, and how efficient the system is in denying malpractice compensation for poor treatment outcomes that are not due to provider negligence.
With any type of medical treatment and/or hospital stay, there are always inherent risks.
The number of patients injured in the course of treatment is a common concern. In fact, about two million patients each year suffer hospital-acquired infections.
However, since there is no uniform system for reporting incidents in which a patient is harmed, estimates of the number of patient injuries due to medical error depend on the definitions used by researchers.
The influential Harvard Medical Practice Study defined a medical error as “an injury that was caused by medical management (rather than the underlying disease) and that prolonged the hospitalization, produced a disability at the time of discharge or both.”
The Harvard researchers found some of these injuries were due to negligence, which they defined as medical care that “failed to meet the standards expected of a typical medical practitioner.”
In other words, a patient was harmed by careless treatment. The researchers estimated that 2.9 percent of hospital patients in Colorado and Utah, and 3.7 percent of hospital patients in the state of New York experienced adverse events in 1984.
An Institute of Medicine (IOM) report, To Err Is Human, applied these Harvard estimates to patients nationwide. The IOM concluded:
- Nationwide, 4 million to 5 million hospitalized patients are harmed by medical errors each year.
- Some 44,000 to 98,000 Americans die each year in hospitals as a result of medical errors.
Sunday, November 23, 2008
Saturday, November 22, 2008
Tort and medical compensation
A tort refers to any act that is wrongful, and causes injury or damage for which the person harmed can seek monetary compensation in civil court.
Doctor malpractice occurs when patients are harmed by the error or negligence of doctors or physicians.
Doctors and hospitals have liability insurance to cover medical or doctor malpractice claims. If the parties cannot agree on the amount of medical compensation for an injury, the injured patient may bring a doctor malpractice action against the physician and other health care professionals who caused the injury.
Theoretically, in a medical lawsuit, the right to sue should ensure that injured plaintiff receive medical compensation, and our justice system should ensure that only those patients who are harmed by negligence should receive medical compensation.
However, evidence reveals that this isn't the case in real life.
Regarding instances of medical or doctor malpractice, the vast majority never lead to a lawsuit. And if ever lawsuits are filed, a significant number do not even involve doctor or medical malpractice; and juries do not always make the right decisions, according to the Harvard Medical Practice Study.
The study also shows that fewer than 2 percent of malpractice victims and their families ever file a medical or doctor malpractice claim; and even fewer receive medical compensation.
Nonetheless, we can also see how pervasive medical or doctor malpractice litigation is. In fact, most physicians during their career are sued at least once. Every year about one-fourth of doctors face medical lawsuits.
Most doctor malpractice cases are settled out of court. On the other hand about 10 to 20 percent of the doctor malpractice instances go to trial.
These outcomes are a result of the doctors' and hospitals' incentives, as well as those of patients and medical lawyers, under the tort liability system.
A tort judgment's potential financial cost, theoretically speaking, grants doctors and hospitals an incentive to avoid medical errors.
However, what is actually happening is that community-rated insurance (where doctors in a specialty, regardless of their individual claims record, are charged the same premiums) financially insulates physicians who are negligent from catastrophic judgments by shifting to other doctors their claims cost.
At the same time, the threat of litigation encourages physicians to practice a medical lawsuit avoidance strategy called "defensive medicine."
There are many forms of defensive medicine, and one of them is ordering unnecessary tests and procedures that add to health care costs, even though they do little to reduce medical errors or improve the patient's condition.
Fears of medical or doctor malpractice litigation have discouraged doctors as well as hospitals from revealing information regarding potential errors. This makes it difficult to improve health care quality.
To minimize these costs and help elevate health care quality, Congress has attempted a lot of times to pass malpractice reforms with hardly any success. A lot of states also passed their own reforms. While these reforms have been successful in some states, they have had little effect, if any, in other states.
It is generally agreed, however, that an efficient medical compensation system would yield these results:
Doctor malpractice occurs when patients are harmed by the error or negligence of doctors or physicians.
Doctors and hospitals have liability insurance to cover medical or doctor malpractice claims. If the parties cannot agree on the amount of medical compensation for an injury, the injured patient may bring a doctor malpractice action against the physician and other health care professionals who caused the injury.
Theoretically, in a medical lawsuit, the right to sue should ensure that injured plaintiff receive medical compensation, and our justice system should ensure that only those patients who are harmed by negligence should receive medical compensation.
However, evidence reveals that this isn't the case in real life.
Regarding instances of medical or doctor malpractice, the vast majority never lead to a lawsuit. And if ever lawsuits are filed, a significant number do not even involve doctor or medical malpractice; and juries do not always make the right decisions, according to the Harvard Medical Practice Study.
The study also shows that fewer than 2 percent of malpractice victims and their families ever file a medical or doctor malpractice claim; and even fewer receive medical compensation.
Nonetheless, we can also see how pervasive medical or doctor malpractice litigation is. In fact, most physicians during their career are sued at least once. Every year about one-fourth of doctors face medical lawsuits.
Most doctor malpractice cases are settled out of court. On the other hand about 10 to 20 percent of the doctor malpractice instances go to trial.
These outcomes are a result of the doctors' and hospitals' incentives, as well as those of patients and medical lawyers, under the tort liability system.
A tort judgment's potential financial cost, theoretically speaking, grants doctors and hospitals an incentive to avoid medical errors.
However, what is actually happening is that community-rated insurance (where doctors in a specialty, regardless of their individual claims record, are charged the same premiums) financially insulates physicians who are negligent from catastrophic judgments by shifting to other doctors their claims cost.
At the same time, the threat of litigation encourages physicians to practice a medical lawsuit avoidance strategy called "defensive medicine."
There are many forms of defensive medicine, and one of them is ordering unnecessary tests and procedures that add to health care costs, even though they do little to reduce medical errors or improve the patient's condition.
Fears of medical or doctor malpractice litigation have discouraged doctors as well as hospitals from revealing information regarding potential errors. This makes it difficult to improve health care quality.
To minimize these costs and help elevate health care quality, Congress has attempted a lot of times to pass malpractice reforms with hardly any success. A lot of states also passed their own reforms. While these reforms have been successful in some states, they have had little effect, if any, in other states.
It is generally agreed, however, that an efficient medical compensation system would yield these results:
- medical compensation for every patient (potentially) who is injured by a medical error;
- Full medical compensation;
- Reduce the cost of determining medical compensation; and
- encourage doctors (including other health care professionals) and patients to act in ways that minimize errors.
Reliability of sanctions by state medical boards
The States are vested with the legal authority to grant physicians licenses to practice medicine. They also have the power and authority to restrict or revoke the same licenses and privileges to practice medicine within the state.
In most States, the same body that grants licenses to qualified doctors or physicians also disciplines physicians who it has determined unfit to continue to practice medicine.
Medical boards in all states have the power to revoke or suspend a doctor’s license. Other disciplinary actions include probation, limitations, fines, reprimands, letters of censure, letters of concern, and collecting costs of proceedings.
The general grounds for disciplinary actions are unprofessional conduct or professional incompetence. The medical practice act of each State mandates specific grounds, such as incorrect drug prescription and substance abuse, for disciplining physicians.
Medical licensure is intended to grant the privilege of practicing medicine to individuals who are of good moral character and are competent to provide safe care to the public (70 Corpus Juris Sec. 19).
However, this does not ensure continuing competence — an important thing to note considering that medicine is a constantly evolving and changing science.
The main task of State medical boards in all states is to “protect the public against unfit practitioners” .
In the past State medical boards have been very conservative when it came to censuring errant doctors. Lately, however, there has been a surge in disciplinary actions.
Nonetheless, the percentage of practicing physicians disciplined is significantly less than the 5 to 15 percent of physicians that certain authorities believe to be professionally incompetent to practice medicine.
Although the effectiveness of State medical boards in taking disciplinary actions is an important quality concern, the more specific intent of this chapter is to evaluate whether the disciplinary actions taken by State medical boards are good indicators of the quality of care.
Disciplinary actions taken by State medical boards are worth examining as a measure of quality, because they have face validity for average consumers.
An average consumer would expect that limiting or withdrawing a physician’s license to practice medicine indicates that the physician is professionally incompetent and would be concerned about using the physician for health care.
In most States, the same body that grants licenses to qualified doctors or physicians also disciplines physicians who it has determined unfit to continue to practice medicine.
Medical boards in all states have the power to revoke or suspend a doctor’s license. Other disciplinary actions include probation, limitations, fines, reprimands, letters of censure, letters of concern, and collecting costs of proceedings.
The general grounds for disciplinary actions are unprofessional conduct or professional incompetence. The medical practice act of each State mandates specific grounds, such as incorrect drug prescription and substance abuse, for disciplining physicians.
Medical licensure is intended to grant the privilege of practicing medicine to individuals who are of good moral character and are competent to provide safe care to the public (70 Corpus Juris Sec. 19).
However, this does not ensure continuing competence — an important thing to note considering that medicine is a constantly evolving and changing science.
The main task of State medical boards in all states is to “protect the public against unfit practitioners” .
In the past State medical boards have been very conservative when it came to censuring errant doctors. Lately, however, there has been a surge in disciplinary actions.
Nonetheless, the percentage of practicing physicians disciplined is significantly less than the 5 to 15 percent of physicians that certain authorities believe to be professionally incompetent to practice medicine.
Although the effectiveness of State medical boards in taking disciplinary actions is an important quality concern, the more specific intent of this chapter is to evaluate whether the disciplinary actions taken by State medical boards are good indicators of the quality of care.
Disciplinary actions taken by State medical boards are worth examining as a measure of quality, because they have face validity for average consumers.
An average consumer would expect that limiting or withdrawing a physician’s license to practice medicine indicates that the physician is professionally incompetent and would be concerned about using the physician for health care.
Friday, November 21, 2008
Doctor malpractice sanctions
Federal and State laws and regulations and private sector medical entities have established many methods to discipline and sanction errant members of the medical profession.
Three major activities serve as possible indicators of the quality of medical care:
Those physicians who are disciplined, sanctioned, or successfully sued for malpractice may actually provide substandard care.
On the other hand, not all physicians who provide substandard care are disciplined or successfully sued. Studies of avoidable injuries indicate that the universe of avoidable adverse outcomes may be significantly greater than the number of disciplinary actions, sanctions, and malpractice suits.
These studies suggest a large number of poor-quality physicians are not identified or penalized, thereby pointing to the ineffectiveness of existing systems to identify all those individuals providing poor-quality care.
There is a need to evaluate the reliability and validity of disciplinary actions, sanctions, and malpractice compensation as indicators of the quality of care.
Evidence on reliability and validity is derived from examining the structure of the legal bodies,
the grounds for taking actions, the procedures used in taking actions, and the types of actions
taken.
In the case of disciplinary actions by State medical boards and PRO/HHS sanctions, judicial review of the actions is also examined.
The reliability and validity of disciplinary actions, PRO/HHS sanctions, and malpractice compensation as indicators of the quality of medical care depend to a large extent upon peer review.
Differences in criteria used by peer physicians, even experts, in making decisions about medical diagnosis and treatment are well documented.
Such differences may have troublesome implications for the reliability and validity of expert peer opinion in disciplinary actions taken by State medical boards, sanctions recommended by PROS and imposed by HHS, and malpractice compensation.
Next read about validity of disciplinary actions, sanctions, and malpractice compensation as indicators of the quality of care.
Three major activities serve as possible indicators of the quality of medical care:
- disciplinary actions taken by State medical boards,
- sanctions recommended by utilization and quality control peer review organizations
- (PROS) and imposed by the U.S. Department of Health and Human Services (HHS), and
- malpractice compensation, particularly court awards.
Those physicians who are disciplined, sanctioned, or successfully sued for malpractice may actually provide substandard care.
On the other hand, not all physicians who provide substandard care are disciplined or successfully sued. Studies of avoidable injuries indicate that the universe of avoidable adverse outcomes may be significantly greater than the number of disciplinary actions, sanctions, and malpractice suits.
These studies suggest a large number of poor-quality physicians are not identified or penalized, thereby pointing to the ineffectiveness of existing systems to identify all those individuals providing poor-quality care.
There is a need to evaluate the reliability and validity of disciplinary actions, sanctions, and malpractice compensation as indicators of the quality of care.
Evidence on reliability and validity is derived from examining the structure of the legal bodies,
the grounds for taking actions, the procedures used in taking actions, and the types of actions
taken.
In the case of disciplinary actions by State medical boards and PRO/HHS sanctions, judicial review of the actions is also examined.
The reliability and validity of disciplinary actions, PRO/HHS sanctions, and malpractice compensation as indicators of the quality of medical care depend to a large extent upon peer review.
Differences in criteria used by peer physicians, even experts, in making decisions about medical diagnosis and treatment are well documented.
Such differences may have troublesome implications for the reliability and validity of expert peer opinion in disciplinary actions taken by State medical boards, sanctions recommended by PROS and imposed by HHS, and malpractice compensation.
Next read about validity of disciplinary actions, sanctions, and malpractice compensation as indicators of the quality of care.
Thursday, November 20, 2008
Genetic testing and malpractice lawsuits
In the realm of genetic testing, doctors are usually caught between what patients want and what science offers. There are several ways in judging genetic risks, and doctors can be sued in more ways than one over genetic or DNA tests.
Wrongful birth or wrongful life
Patients may sue doctors for failing to provide adequate genetic or DNA testing, or if the doctor gave false negative test results.
Pharmacogenomics
Patients may file a medical lawsuit against their doctors for failing to order genetic testing prior to giving certain medications, such as Coumadin (warfarin).
Negligent medical advice
Patients may sue a doctor who failed to warn them of shared genetic risk of disease that runs in the family. In 2004, the Minnesota Supreme Court ruled that doctors are duty-bound to patients as well as their biological family members to inform of them of genetic testing and diagnosis.
Personal beliefs over patient rights
Doctors who denied patients genetic testing may not be able to claim “right-of-conscience” on the grounds of religious or moral beliefs.
Bear in mind that your doctor may not be well-versed in genetics and is most probably not up-to-speed on the latest available genetic tests.
The field of genetics is a complex one, and we cannot expect busy physicians to keep abreast of changes or new discoveries.
What can be the solution to this problem? It may be a good idea to increase the number of genetic counselors available and make their services affordable as well as commonplace. In fact there are already direct-to-consumer genetic testing companies that are either actually doing or aiming to do this.
Wrongful birth or wrongful life
Patients may sue doctors for failing to provide adequate genetic or DNA testing, or if the doctor gave false negative test results.
Pharmacogenomics
Patients may file a medical lawsuit against their doctors for failing to order genetic testing prior to giving certain medications, such as Coumadin (warfarin).
Negligent medical advice
Patients may sue a doctor who failed to warn them of shared genetic risk of disease that runs in the family. In 2004, the Minnesota Supreme Court ruled that doctors are duty-bound to patients as well as their biological family members to inform of them of genetic testing and diagnosis.
Personal beliefs over patient rights
Doctors who denied patients genetic testing may not be able to claim “right-of-conscience” on the grounds of religious or moral beliefs.
Bear in mind that your doctor may not be well-versed in genetics and is most probably not up-to-speed on the latest available genetic tests.
The field of genetics is a complex one, and we cannot expect busy physicians to keep abreast of changes or new discoveries.
What can be the solution to this problem? It may be a good idea to increase the number of genetic counselors available and make their services affordable as well as commonplace. In fact there are already direct-to-consumer genetic testing companies that are either actually doing or aiming to do this.
Monday, November 17, 2008
What if the patient could not give informed consent?
For informed consent to be valid, it is required that the patient has understood the information given by the doctor and that the patient is capable of making sound decisions based on the given information.
There are times, however, as in the case of serious illness, when a patient may be in a physical or mental state that renders him or her incapable of giving informed consent.
In case of emergency and in the absence of a health care agent or attorney-in-fact for health care decisions, your doctor may proceed with the treatment without first obtaining your informed consent.
You can name someone to act as your attorney-in-fact or designate a health care agent in advance before anything happens to you.
Your attorney-in-fact or health care agent will make the decisions for you should you be unable to make them for yourself.
These documents are called health care directives (also known as living wills).
The document that embodies the designation is called called a durable power of attorney for health care.
An estate planning lawyer in your area can help you prepare these documents.
Alternatively, you can prepare them yourself.
There are books, form kits, or software in many bookstores online that will teach you how to go about it.
There are times, however, as in the case of serious illness, when a patient may be in a physical or mental state that renders him or her incapable of giving informed consent.
In case of emergency and in the absence of a health care agent or attorney-in-fact for health care decisions, your doctor may proceed with the treatment without first obtaining your informed consent.
You can name someone to act as your attorney-in-fact or designate a health care agent in advance before anything happens to you.
Your attorney-in-fact or health care agent will make the decisions for you should you be unable to make them for yourself.
These documents are called health care directives (also known as living wills).
The document that embodies the designation is called called a durable power of attorney for health care.
An estate planning lawyer in your area can help you prepare these documents.
Alternatively, you can prepare them yourself.
There are books, form kits, or software in many bookstores online that will teach you how to go about it.
What is informed consent?
Did you know that all medical professionals are required to obtain your informed consent before you can be treated?
So, what is informed consent?
"Informed consent" simply means an individual or patient's consent whereby he or she agrees to allow medical treatment to be given based on full disclosure of all the necessary facts to arrive at a sound decision.
In order to give informed consent, the patient must know or understand what the proposed medical treatment requires.
The patient must be made to understand as regards the procedures that will be used, whether the doctor will be using drugs or surgery, what the alternatives are, and also the associated risks and side effects.
Whether or not the consent given by the patient was "informed consent" depends mainly on the analysis of all information available.
The patient must not only be informed about the procedure or the process but he or she must also have the capacity to understand the information to sufficiently weigh and consider this information.
If you believe that you have been a victim or doctor malpractice, or if you doubt whether you had actually given informed consent, or if you have questions about medical or doctor malpractice then it is best that you consult a medical lawyer or medical attorney as soon as possible.
So, what is informed consent?
"Informed consent" simply means an individual or patient's consent whereby he or she agrees to allow medical treatment to be given based on full disclosure of all the necessary facts to arrive at a sound decision.
In order to give informed consent, the patient must know or understand what the proposed medical treatment requires.
The patient must be made to understand as regards the procedures that will be used, whether the doctor will be using drugs or surgery, what the alternatives are, and also the associated risks and side effects.
Whether or not the consent given by the patient was "informed consent" depends mainly on the analysis of all information available.
The patient must not only be informed about the procedure or the process but he or she must also have the capacity to understand the information to sufficiently weigh and consider this information.
If you believe that you have been a victim or doctor malpractice, or if you doubt whether you had actually given informed consent, or if you have questions about medical or doctor malpractice then it is best that you consult a medical lawyer or medical attorney as soon as possible.
If a procedure failed is that medical malpractice?
We have to be clear on this. Not all medical injury is the result of medical negligence or doctor malpractice. No doctor is perfect, and operations and treatments may not always be successful.
A procedure may result in an unfortunate outcome or even death, but these circumstances do not mean that the doctor has been negligent or treatment constituted medical or doctor malpractice. The law acknowledges that medicine is not a precise science and that doctors make mistakes.
If that’s the case, how would we know whether the doctor has committed medical malpractice?
The test is if the doctor does not live up to the appropriate professional standards, then he or she is liable for doctor malpractice.
Medical or doctor malpractice simply means failure on the doctor’s part to use the ordinary skill and care used by other doctors under similar circumstances and the patient suffered as a result. Acts that constitute doctor malpractice include failure to diagnose an illness, failure to do tests, making surgical errors, delaying treatment, or giving the wrong medication.
Doctor malpractice litigation is often expensive, highly contested, as well as strongly defended. It entails a thorough knowledge of medical procedures as well as the use of medical experts’ testimonies.
If you believe that you have been a victim of medical or doctor malpractice, then you need skilled legal advice from a malpractice lawyer or attorney. Your medical malpractice attorney will weigh all possibilities and determine whether or not you should pursue the matter.
A procedure may result in an unfortunate outcome or even death, but these circumstances do not mean that the doctor has been negligent or treatment constituted medical or doctor malpractice. The law acknowledges that medicine is not a precise science and that doctors make mistakes.
If that’s the case, how would we know whether the doctor has committed medical malpractice?
The test is if the doctor does not live up to the appropriate professional standards, then he or she is liable for doctor malpractice.
Medical or doctor malpractice simply means failure on the doctor’s part to use the ordinary skill and care used by other doctors under similar circumstances and the patient suffered as a result. Acts that constitute doctor malpractice include failure to diagnose an illness, failure to do tests, making surgical errors, delaying treatment, or giving the wrong medication.
Doctor malpractice litigation is often expensive, highly contested, as well as strongly defended. It entails a thorough knowledge of medical procedures as well as the use of medical experts’ testimonies.
If you believe that you have been a victim of medical or doctor malpractice, then you need skilled legal advice from a malpractice lawyer or attorney. Your medical malpractice attorney will weigh all possibilities and determine whether or not you should pursue the matter.
Sunday, November 16, 2008
Money damages in doctor malpractice lawsuits
If the doctor is found responsible or liable for doctor malpractice, a patient is compensated in money for the injury he or she has suffered. These payments in money are called damages.
There are two major types of damages:
(1) Compensatory damages. This is the most common type of damages and is pretty straightforward. This means money paid for the actual injury or loss, such as medical and hospital bills, rehabilitation expenses, prescription drugs, ambulance expenses, nursing home care, domestic services, lost income, loss of future income and increased living expenses. Loss of future income is somewhat difficult to put a figure on. If the doctor injured a computer programmer, the doctor will pay much more in compensation for lost earnings than if the injury was to someone who is poor or retired.
Other damages you can recover include physical pain and suffering, mental and emotional anguish, inconvenience, disfigurement, loss of enjoyment of life and "loss of consortium" (the loss of company/love/relations with your spouse). A lot of states have imposed limits on the amount of damages one can claim in medical malpractice cases. So, pain and suffering for the same injury may be in the millions in one state, but will be $250,000 or even less in another state that sets $250,000 as maximum limit for pain and suffering damages.
It’s difficult to put a dollar amount on suffering. This is true with every party in a in a medical lawsuit.
In addition to damages that injured patient may recover, the doctor malpractice victim’s family may in addition also be entitled to damages for loss of care, companionship, love and affection. In case the medical malpractice victim dies, family members may be compensated for wrongful death, which usually includes medical and burial expenses, emotional suffering, loss of income as well as loss of the dead patient’s companionship and affection.
(2) Punitive Damages: This type of damages has no other purpose than to punish the doctor for his or her medical negligence. It is hard or even rare to obtain this kind of damages in doctor malpractice cases. Before the court may grant this type of award it must be clearly established that the doctor acted in a willful, wanton or malicious way or was motivated by evil motive, intent to injure, ill will, or fraud.
There are two major types of damages:
(1) Compensatory damages. This is the most common type of damages and is pretty straightforward. This means money paid for the actual injury or loss, such as medical and hospital bills, rehabilitation expenses, prescription drugs, ambulance expenses, nursing home care, domestic services, lost income, loss of future income and increased living expenses. Loss of future income is somewhat difficult to put a figure on. If the doctor injured a computer programmer, the doctor will pay much more in compensation for lost earnings than if the injury was to someone who is poor or retired.
Other damages you can recover include physical pain and suffering, mental and emotional anguish, inconvenience, disfigurement, loss of enjoyment of life and "loss of consortium" (the loss of company/love/relations with your spouse). A lot of states have imposed limits on the amount of damages one can claim in medical malpractice cases. So, pain and suffering for the same injury may be in the millions in one state, but will be $250,000 or even less in another state that sets $250,000 as maximum limit for pain and suffering damages.
It’s difficult to put a dollar amount on suffering. This is true with every party in a in a medical lawsuit.
In addition to damages that injured patient may recover, the doctor malpractice victim’s family may in addition also be entitled to damages for loss of care, companionship, love and affection. In case the medical malpractice victim dies, family members may be compensated for wrongful death, which usually includes medical and burial expenses, emotional suffering, loss of income as well as loss of the dead patient’s companionship and affection.
(2) Punitive Damages: This type of damages has no other purpose than to punish the doctor for his or her medical negligence. It is hard or even rare to obtain this kind of damages in doctor malpractice cases. Before the court may grant this type of award it must be clearly established that the doctor acted in a willful, wanton or malicious way or was motivated by evil motive, intent to injure, ill will, or fraud.
What's your doctor malpractice case worth?
Everyone who's considered bringing a doctor malpractice lawsuit has asked this very basic question. How much is my doctor malpractice case worth?
Nobody wants to go through a full-blown medical or doctor malpractice lawsuit for a meager settlement, that's why it is important to have an idea before hand how much bringing an action for doctor malpractice will cost you, and how much settlement you're likely going to get.
You will have to consider a lot of things. Some of them may even be difficult to quantify. Take for example Pain and Suffering, how are you going to calculate those?
This is actually a very complicated matter. The worth of a medical or doctor malpractice lawsuit will depend on several factors that include jurisdiction, severity of damage or injury as well as pre-existing conditions.
Now let's examine each of these factors one by one.
Jurisdiction. This pertains to where the injury or doctor malpractice occurred. This can sometimes have as much weight as to the amount of settlement or damages you can collect as the injury itself. The rules pertaining to unprofessional conduct as well as doctor liability differ from one state to another. Your medical lawyer or medical attorney will help you establish the venue as well as jurisdiction of your case. Also your medical attorney will advise you on whether or not your state places limitations on your potential medical or doctor malpractice settlement or damage award.
Potential state caps. Since states usually are responsible for medical or doctor malpractice issues, a lot of states have placed limits on doctor malpractice damages as a bar to false claims. This often means taking the amount available to an injured person through “collateral sources” such as health insurance out of the settlement, limiting the payment of damages to installment plans instead of lump-sum payments, and capping damages altogether. See a medical attorney within the jurisdiction where the doctor malpractice happened to find out if there are caps on what you can claim as regards your medical or doctor malpractice case.
Severity of injury. You've heard about insurance companies attributing rising premiums to increases in claims of injury severity. When we talk about severity, we mean the extent to which you a person has been injured. Cleary a bone that's cleanly broken and requires a cast, for example, is less severe an injury compared to the same bone shattered in several different places, which will require surgery and extensive rehabilitation. Simply put, the more severe the injury the greater the damages or settlement.
Pre-existing conditions: It is generally harder to get a large settlement award for an injury on top of a pre-existing one. If, for example, you had knee surgery several years ago, it may not be easy to get a large amount in damages or settlement for a doctor malpractice case involving a previously injured knee.
Tell your medical attorney or medical lawyer about your pre-existing conditions, if any. The opposing party can and will capitalize on any pre-existing condition related to your doctor malpractice claim, so it is best to be completely honest about it with your medical lawyer. This will enable your medical attorney to make a thorough assessment about the overall strength of your case.
An experienced medical lawyer will be able to analyze the unique circumstances surrounding your doctor malpractice claim. There is a lot of gray area in the realm of medical or doctor malpractice. Your medical attorney will explain to you how much your case is worth. A competent medical lawyer should also be completely honest with you and inform you whether you should consider abandoning a potentially stressful and expensive litigation altogether.
Nobody wants to go through a full-blown medical or doctor malpractice lawsuit for a meager settlement, that's why it is important to have an idea before hand how much bringing an action for doctor malpractice will cost you, and how much settlement you're likely going to get.
You will have to consider a lot of things. Some of them may even be difficult to quantify. Take for example Pain and Suffering, how are you going to calculate those?
This is actually a very complicated matter. The worth of a medical or doctor malpractice lawsuit will depend on several factors that include jurisdiction, severity of damage or injury as well as pre-existing conditions.
Now let's examine each of these factors one by one.
Jurisdiction. This pertains to where the injury or doctor malpractice occurred. This can sometimes have as much weight as to the amount of settlement or damages you can collect as the injury itself. The rules pertaining to unprofessional conduct as well as doctor liability differ from one state to another. Your medical lawyer or medical attorney will help you establish the venue as well as jurisdiction of your case. Also your medical attorney will advise you on whether or not your state places limitations on your potential medical or doctor malpractice settlement or damage award.
Potential state caps. Since states usually are responsible for medical or doctor malpractice issues, a lot of states have placed limits on doctor malpractice damages as a bar to false claims. This often means taking the amount available to an injured person through “collateral sources” such as health insurance out of the settlement, limiting the payment of damages to installment plans instead of lump-sum payments, and capping damages altogether. See a medical attorney within the jurisdiction where the doctor malpractice happened to find out if there are caps on what you can claim as regards your medical or doctor malpractice case.
Severity of injury. You've heard about insurance companies attributing rising premiums to increases in claims of injury severity. When we talk about severity, we mean the extent to which you a person has been injured. Cleary a bone that's cleanly broken and requires a cast, for example, is less severe an injury compared to the same bone shattered in several different places, which will require surgery and extensive rehabilitation. Simply put, the more severe the injury the greater the damages or settlement.
Pre-existing conditions: It is generally harder to get a large settlement award for an injury on top of a pre-existing one. If, for example, you had knee surgery several years ago, it may not be easy to get a large amount in damages or settlement for a doctor malpractice case involving a previously injured knee.
Tell your medical attorney or medical lawyer about your pre-existing conditions, if any. The opposing party can and will capitalize on any pre-existing condition related to your doctor malpractice claim, so it is best to be completely honest about it with your medical lawyer. This will enable your medical attorney to make a thorough assessment about the overall strength of your case.
An experienced medical lawyer will be able to analyze the unique circumstances surrounding your doctor malpractice claim. There is a lot of gray area in the realm of medical or doctor malpractice. Your medical attorney will explain to you how much your case is worth. A competent medical lawyer should also be completely honest with you and inform you whether you should consider abandoning a potentially stressful and expensive litigation altogether.
Tuesday, November 11, 2008
Erb's Palsy Treatment
Erb's Palsy is a birth injury that is usually caused by medical negligence or doctor malpractice. Usually occurring at birth, Erb's Palsy can lead to weakness or even paralysis of a baby's arm.
Statistics show that one or two out of every 1,000 newborns will suffer Erb's Palsy.
The majority of Erb's Palsy cases will resolve themselves before the child reaches the age of one year.
However, about one out of ten children with cerebral palsy will require exercise, therapy and, in extremely severe cases, even surgery.
Even with the best Erb's palsy treatment available today, children suffering from the most severe cases of Erb's palsy will continue to suffer considerable lifelong functional limitations as regards the use of the affected arm and hand.
If the Erb's palsy does not resolve itself, there are many ways treating of it.
If the birth injury is the result of medical or doctor malpractice, children who undergo these treatments (and their families) have a right to be compensation for medical bills and also for their pain and suffering.
Erb's palsy treatment:
We never lose hope that someday medical science will discover a treatment that will restore this function.
Legal help and information for Erb's palsy victims
Erb's palsy lawyers and attorneys will offer free consultation or case evaluations to families whose children are diagnosed with Erb's Palsy.
A competent Erb's Palsy lawyer or attorney will see to it that any medical or doctor malpractice settlement or reward will include payments for future treatment and therapies, as well as pain and suffering.
Erb's Palsy lawyers can help families obtain compensation when their baby's injury was caused by medical negligence or doctor malpractice.
If your baby is suffering from Erb's Palsy and you believe that it was caused by medical negligence or doctor malpractice, then you and your child may have a cause of action or a legal right to claim medical compensation.
Speak to an experienced Erb's Palsy lawyer about your case immediately.
There is a statutory time limit called Medical Malpractice Statute of Limitations. This means that generally, beyond this time limit, you can no longer bring an action against an obstetrician physician for doctor malpractice.
You need to act now by consulting an Erb's palsy lawyer or attorney and ask him about what available rights and options you have under the law.
Statistics show that one or two out of every 1,000 newborns will suffer Erb's Palsy.
The majority of Erb's Palsy cases will resolve themselves before the child reaches the age of one year.
However, about one out of ten children with cerebral palsy will require exercise, therapy and, in extremely severe cases, even surgery.
Even with the best Erb's palsy treatment available today, children suffering from the most severe cases of Erb's palsy will continue to suffer considerable lifelong functional limitations as regards the use of the affected arm and hand.
If the Erb's palsy does not resolve itself, there are many ways treating of it.
If the birth injury is the result of medical or doctor malpractice, children who undergo these treatments (and their families) have a right to be compensation for medical bills and also for their pain and suffering.
Erb's palsy treatment:
- Non-surgical treatment
- Physical therapy and range of motion exercises
- Do this DAILY and as often as possible during the day.
- Start when your baby is about THREE WEEKS OLD.
- The exercises will maintain the range of motion in the shoulder, elbow, wrist, and hand.
- This will prevent JOINT CONTRACTURE, a condition whereby the baby's joint becomes permanently stiff.
- Surgical treatment - Do not resort to surgical remedies UNLESS you have exhausted all non-surgical Erb's palsy treatments AND if there's no improvement in your baby's condition over the first three to six months.
- The doctor may discuss exploratory surgery on the nerves to improve the potential outcome.
- As of yet nerve surgery cannot restore the arm and hand's normal function. This procedure is usually not helpful for older infants. Bear in mind that nerves grow very slowly, and it may take from several months to several years for nerves repaired at the neck to eventually find their way to the muscles of the lower arm and hand.
We never lose hope that someday medical science will discover a treatment that will restore this function.
Legal help and information for Erb's palsy victims
Erb's palsy lawyers and attorneys will offer free consultation or case evaluations to families whose children are diagnosed with Erb's Palsy.
A competent Erb's Palsy lawyer or attorney will see to it that any medical or doctor malpractice settlement or reward will include payments for future treatment and therapies, as well as pain and suffering.
Erb's Palsy lawyers can help families obtain compensation when their baby's injury was caused by medical negligence or doctor malpractice.
If your baby is suffering from Erb's Palsy and you believe that it was caused by medical negligence or doctor malpractice, then you and your child may have a cause of action or a legal right to claim medical compensation.
Speak to an experienced Erb's Palsy lawyer about your case immediately.
There is a statutory time limit called Medical Malpractice Statute of Limitations. This means that generally, beyond this time limit, you can no longer bring an action against an obstetrician physician for doctor malpractice.
You need to act now by consulting an Erb's palsy lawyer or attorney and ask him about what available rights and options you have under the law.
Monday, November 10, 2008
Important facts about Erb's palsy and doctor malpractice
If you believe that your child acquired Erb’s palsy because of medical or doctor malpractice, please see an Erb’s palsy lawyer immediately. Your Erb’s palsy lawyer or medical lawyer is the best person to talk to if you believe you have a case against an obstetrician or doctor for causing injury to your baby.
IMPORTANT: There is a legal time limit, called Medical Malpractice Statute of Limitations, within which you can file a claim for medical or doctor malpractice. Generally, beyond this time limit, you can no longer bring an action against any obstetrician or physician for doctor malpractice.
Circumstances wherein medical negligence or doctor malpractice has resulted in Erb's palsy or other brachial plexus injuries:
IMPORTANT: There is a legal time limit, called Medical Malpractice Statute of Limitations, within which you can file a claim for medical or doctor malpractice. Generally, beyond this time limit, you can no longer bring an action against any obstetrician or physician for doctor malpractice.
Circumstances wherein medical negligence or doctor malpractice has resulted in Erb's palsy or other brachial plexus injuries:
- Failure to obtain a prior obstetrical history of the child's mother. For this purpose, a proper medical history should include history of diabetes, large babies as well as difficult deliveries involving problems similar to but not limited to shoulder dystocia;
- Failure to check for and properly manage diabetes during pregnancy;
- Failure to check for and appropriately manage the mother's excessive weight gain;
- Failure during the third trimester to appropriately evaluate fetal size by ultrasound;
- Failure to timely deliver a post-dates baby;
- Failure to assign appropriately trained and qualified personnel to manage the delivery;
- Failure to offer, in the setting of multiple risk factors, the option of cesarean section;
- Failure to properly manage shoulder dystocia;
- Application of fundal pressure (pressing the abdomen just below the belly button), which can actually worsen shoulder dystocia;
- Excessive force or traction applied on the head or neck during delivery;
- Improper or inappropriate use of forceps; and
- Improper or inappropriate use of vacuum extractors.
What is Erb's Palsy?
Erb's palsy is the most common form of brachial plexus injury. The brachial plexus is a network of nerves. It is responsible for transmitting signals from the cervical spinal cord to the shoulder, arm, and hand.
In medical language “brachial” refers to the arm while “plexus” refers to a network of nerves.
Injury to the nerves of the brachial plexus can result in either partial or total paralysis of shoulder, arm, or hand muscles.
In most cases, damage to the brachial plexus happens at birth.
Erb's Palsy is a nerve injury that can hinder or limit the movement of a child's shoulder, arm, and hand.
The main cause of Erb's Palsy is too much force applied to the baby's head while trying to pull him or her out of the birth canal. When the shoulder of too large a baby is stuck in the birth canal, it is called “shoulder dystocia.”
A network of nerve fibers called the “brachial plexus,” or Erb's Point between the shoulder and the neck provide movement to the arm, hand, and fingers.
At birth, when the doctor pulls too hard on the baby's head, the nerve fibers become stretched resulting in an injury that can become permanent.
In most cases injury to these nerves are mild, and the baby eventually regains movement in a few months. Unfortunately, about 20% of Erb's palsy cases are so severe that the nerves are actually avulsed (torn from their points of attachment to the spine), or they may be ruptured, so that paralysis of the arm and shoulder is permanent.
If you believe your child acquired Erb’s palsy because of medical malpractice, please contact an Erb’s palsy attorney or doctor malpractice lawyer.
Please be aware that the law sets a time limit (called Medical Malpractice Statute of Limitations) for bringing an action against a physician or obstetrician for doctor malpractice. You need to act now by consulting an Erb's palsy lawyer or attorney and ask him about your available rights and options under the law.
In medical language “brachial” refers to the arm while “plexus” refers to a network of nerves.
Injury to the nerves of the brachial plexus can result in either partial or total paralysis of shoulder, arm, or hand muscles.
In most cases, damage to the brachial plexus happens at birth.
Erb's Palsy is a nerve injury that can hinder or limit the movement of a child's shoulder, arm, and hand.
The main cause of Erb's Palsy is too much force applied to the baby's head while trying to pull him or her out of the birth canal. When the shoulder of too large a baby is stuck in the birth canal, it is called “shoulder dystocia.”
A network of nerve fibers called the “brachial plexus,” or Erb's Point between the shoulder and the neck provide movement to the arm, hand, and fingers.
At birth, when the doctor pulls too hard on the baby's head, the nerve fibers become stretched resulting in an injury that can become permanent.
In most cases injury to these nerves are mild, and the baby eventually regains movement in a few months. Unfortunately, about 20% of Erb's palsy cases are so severe that the nerves are actually avulsed (torn from their points of attachment to the spine), or they may be ruptured, so that paralysis of the arm and shoulder is permanent.
If you believe your child acquired Erb’s palsy because of medical malpractice, please contact an Erb’s palsy attorney or doctor malpractice lawyer.
Please be aware that the law sets a time limit (called Medical Malpractice Statute of Limitations) for bringing an action against a physician or obstetrician for doctor malpractice. You need to act now by consulting an Erb's palsy lawyer or attorney and ask him about your available rights and options under the law.
Wednesday, November 5, 2008
Doctor charged of malpractice for not giving enough pain medicine
This is a civil case involving a doctor found liable for medical or doctor malpractice on the grounds of recklessness and abuse for not prescribing enough pain medication to a patient who later died of cancer.
In their suit, plaintiffs alleged that the defendant doctor was reckless in not prescribing sufficient medication to ease their father's suffering.
After six days in the hospital, the 85-year-old patient was discharged where he died in his home three days later of lung cancer.
Plaintiffs charged that, under California state law, the lack of treatment is tantamount to elder abuse.
During the trial, the doctor said that he followed established standards in prescribing pain medication to plaintiffs' father. His malpractice attorney also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering.
The doctor's lawyer said he would appeal the verdict.
This is the first verdict in a lawsuit involving doctor malpractice under California's Elder Abuse and Dependent Adult Civil Protection Act.
Under the act, survivors may sue for a patient's pain and suffering, which is a break with malpractice standards.
The standard of proof in this type of case is much higher than for a medical or doctor malpractice lawsuit.
It must be established that the doctor was reckless, and not simply negligent as is required to prove doctor malpractice.
Under the act, plaintiffs may also be entitled to punitive damages for pain and suffering, but in this case, because the jurors deadlocked 8-4 on the question of whether the doctor demonstrated malice or oppression of an elderly person, no punitive damages were awarded.
In their suit, plaintiffs alleged that the defendant doctor was reckless in not prescribing sufficient medication to ease their father's suffering.
After six days in the hospital, the 85-year-old patient was discharged where he died in his home three days later of lung cancer.
Plaintiffs charged that, under California state law, the lack of treatment is tantamount to elder abuse.
During the trial, the doctor said that he followed established standards in prescribing pain medication to plaintiffs' father. His malpractice attorney also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering.
The doctor's lawyer said he would appeal the verdict.
This is the first verdict in a lawsuit involving doctor malpractice under California's Elder Abuse and Dependent Adult Civil Protection Act.
Under the act, survivors may sue for a patient's pain and suffering, which is a break with malpractice standards.
The standard of proof in this type of case is much higher than for a medical or doctor malpractice lawsuit.
It must be established that the doctor was reckless, and not simply negligent as is required to prove doctor malpractice.
Under the act, plaintiffs may also be entitled to punitive damages for pain and suffering, but in this case, because the jurors deadlocked 8-4 on the question of whether the doctor demonstrated malice or oppression of an elderly person, no punitive damages were awarded.
Medical malpractice statute of limitations
If you believe that you are a victim of medical or doctor malpractice, then you need to know that there is a time limit, called the Medical Malpractice Statute of Limitations, within which to file a doctor malpractice lawsuit or complaint.
Here is a list of medical malpractice statute of limitations. This list is intended only as rough guide and is not comprehensive.
Keep in mind that there are exceptions to medical malpractice statute of limitations as well as other time periods that apply to particular cases.
To know your rights and what options are available to you under the law, and how much time you have left to file a medical lawsuit, you must consult a medical lawyer or medical attorney without delay.
Also, in many states, there exist special rules as well as exceptions for medical or doctor malpractice cases. Here are a few examples:
Statutes of repose can also place absolute time limits on these exceptions.
Almost all states have these rules and exceptions.
Therefore you should not simply rely on the general rule, but should consult a medical lawyer or medical attorney as regards specific rules and exceptions in your state governing medical or doctor malpractice statutes of limitations.
ALA - 2 years medical malpractice statute of limitations. Ala. Code § 6-5-482.
ARK - 2 years medical malpractice statute of limitations. Ark. Code Ann. § 16-114-203.
CA - California - 1 year medical malpractice statute of limitations. Cal. Civ. Proc. Code § 340.5.
CT - Connecticut - 2 years medical malpractice statute of limitations. Conn. Gen. Stat. Ann. § 52-584.
FL - 2 years medical malpractice statute of limitations. Fla. Stat. Ann. § 95.11(4)(b).
GA -2 year statute of limitations. Ga. Code Ann. § 9-3-71.
ILL -2 years medical malpractice statute of limitations. 735 Ill. Comp. Stat. Ann. § 5/13-212.
IND - 2 years medical malpractice statute of limitations. Code Ann. § 34-18-7-1.
LA - 1 year medical malpractice statute of limitations. La. Rev. Stat. Ann. § 9:5628.
MD - 5 years from the negligence or 3 years from discovery, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109.
MA - Massachusetts - 3 years medical malpractice statute of limitations. Mass. Ann. Laws ch. 260, § 4.
MICH - 2 medical malpractice statute of limitations. Laws Ann. §§ 600.5805(5) and 600.5838a.
MN - 2 years medical malpractice statute of limitations. Ann. § 541.07.
MISSISSIPPI - 2 years medical malpractice statute of limitations. Miss. Code Ann. § 15-1-36.
MO - 2 years medical malpractice statute of limitations. Mo. Ann. Stat. § 516.105.
NH - 2 years. statute for med mal, N.H. Rev. Stat. Ann. § 507-C:4, seems to conflict with the statute of limitations for personal injury of 3 years N.H. Rev. Stat. Ann. § 508:4. You should consult a New Hampshire Medical Attorney to determine the accurate time limit.
NJ - New Jersey - 2 years medical malpractice statute of limitations. N.J. Stat. Ann. § 2A:14-2; N.J. Stat. Ann. § 2A:14-21; N.J. Stat. Ann. § 2A:31-3.
NY - New York - 2 1/2 years medical malpractice statute of limitations. N.Y. C.P.L.R. § 214a.
NC - North Carolina - 3 yrs medical malpractice statute of limitations. N.C. Gen. Stat. §§ 1-15 and 1-52(16)
OH - OHIO - 1 year medical malpractice statute of limitations. Ohio Rev. Code Ann. § 2305.11(B)(1).
PA - Pennsylvania - 2 years medical malpractice statute of limitations. 42 Pa. Cons. Stat. Ann. § 5524.
RI - 3 years medical malpractice statute of limitations. R.I. Gen. Laws §§ 9-1-14.1 and 10-7-2 (1997).
SC - 3 years medical malpractice statute of limitations. S.C. Code Ann. § 15-3-545.
TN - 1 year medical malpractice statute of limitations. Tenn. Code Ann. § 29-26-116.
TX - 2 years medical malpractice statute of limitations. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01.
VA - Virginia - 2 years medical malpractice statute of limitations. Va. Code Ann. § 8.01-243.
W. VA. - 2 years medical malpractice statute of limitations. W. Va. Code § 55-7B-4.
WI - 3 years medical malpractice statute of limitations. Wis. Stat. Ann. § 893.55(1).
Here is a list of medical malpractice statute of limitations. This list is intended only as rough guide and is not comprehensive.
Keep in mind that there are exceptions to medical malpractice statute of limitations as well as other time periods that apply to particular cases.
To know your rights and what options are available to you under the law, and how much time you have left to file a medical lawsuit, you must consult a medical lawyer or medical attorney without delay.
Also, in many states, there exist special rules as well as exceptions for medical or doctor malpractice cases. Here are a few examples:
- In many states minors can have the medical malpractice statute of limitations stopped or “tolled” until they have reached the age of majority.
- In many states, the medical malpractice statute of limitations can be tolled for incapacity.
- Usually a provision exists in the statute that does not start the medical malpractice statute of limitations running until the victim knew or “should have known” about the medical or doctor malpractice.
- Sometimes doctor malpractice is difficult to find in a timely manner as in cases where hidden surgical instruments or “foreign objects” are involved. In cases like these, special rules apply for doctor malpractice.
Statutes of repose can also place absolute time limits on these exceptions.
Almost all states have these rules and exceptions.
Therefore you should not simply rely on the general rule, but should consult a medical lawyer or medical attorney as regards specific rules and exceptions in your state governing medical or doctor malpractice statutes of limitations.
ALA - 2 years medical malpractice statute of limitations. Ala. Code § 6-5-482.
ARK - 2 years medical malpractice statute of limitations. Ark. Code Ann. § 16-114-203.
CA - California - 1 year medical malpractice statute of limitations. Cal. Civ. Proc. Code § 340.5.
CT - Connecticut - 2 years medical malpractice statute of limitations. Conn. Gen. Stat. Ann. § 52-584.
FL - 2 years medical malpractice statute of limitations. Fla. Stat. Ann. § 95.11(4)(b).
GA -2 year statute of limitations. Ga. Code Ann. § 9-3-71.
ILL -2 years medical malpractice statute of limitations. 735 Ill. Comp. Stat. Ann. § 5/13-212.
IND - 2 years medical malpractice statute of limitations. Code Ann. § 34-18-7-1.
LA - 1 year medical malpractice statute of limitations. La. Rev. Stat. Ann. § 9:5628.
MD - 5 years from the negligence or 3 years from discovery, whichever is earlier. Md. Code Ann., Cts. & Jud. Proc. § 5-109.
MA - Massachusetts - 3 years medical malpractice statute of limitations. Mass. Ann. Laws ch. 260, § 4.
MICH - 2 medical malpractice statute of limitations. Laws Ann. §§ 600.5805(5) and 600.5838a.
MN - 2 years medical malpractice statute of limitations. Ann. § 541.07.
MISSISSIPPI - 2 years medical malpractice statute of limitations. Miss. Code Ann. § 15-1-36.
MO - 2 years medical malpractice statute of limitations. Mo. Ann. Stat. § 516.105.
NH - 2 years. statute for med mal, N.H. Rev. Stat. Ann. § 507-C:4, seems to conflict with the statute of limitations for personal injury of 3 years N.H. Rev. Stat. Ann. § 508:4. You should consult a New Hampshire Medical Attorney to determine the accurate time limit.
NJ - New Jersey - 2 years medical malpractice statute of limitations. N.J. Stat. Ann. § 2A:14-2; N.J. Stat. Ann. § 2A:14-21; N.J. Stat. Ann. § 2A:31-3.
NY - New York - 2 1/2 years medical malpractice statute of limitations. N.Y. C.P.L.R. § 214a.
NC - North Carolina - 3 yrs medical malpractice statute of limitations. N.C. Gen. Stat. §§ 1-15 and 1-52(16)
OH - OHIO - 1 year medical malpractice statute of limitations. Ohio Rev. Code Ann. § 2305.11(B)(1).
PA - Pennsylvania - 2 years medical malpractice statute of limitations. 42 Pa. Cons. Stat. Ann. § 5524.
RI - 3 years medical malpractice statute of limitations. R.I. Gen. Laws §§ 9-1-14.1 and 10-7-2 (1997).
SC - 3 years medical malpractice statute of limitations. S.C. Code Ann. § 15-3-545.
TN - 1 year medical malpractice statute of limitations. Tenn. Code Ann. § 29-26-116.
TX - 2 years medical malpractice statute of limitations. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 10.01.
VA - Virginia - 2 years medical malpractice statute of limitations. Va. Code Ann. § 8.01-243.
W. VA. - 2 years medical malpractice statute of limitations. W. Va. Code § 55-7B-4.
WI - 3 years medical malpractice statute of limitations. Wis. Stat. Ann. § 893.55(1).
Baby brain damage lawsuit settled for $4.85 million
Minor plantiff's mother was expecting the birth of her first child and was sent to the hospital for Pregnancy Induced Hypertension evaluation. On June 6, 1998, after a reactive Non-Stress Test the plaintiff's mother was sent home to resume normal activity.
On July 13, 1998, the mother was again seen for a prenatal visit and sent to the hospital for evaluation of decreased fetal movement. During this visit the mother had another reactive NST and PIH labs that returned normal results.
The exam notes positive fetal movement and the mother was sent home on PIH precautions with instructions to come back the next day for a blood pressure check.
On July 14, the mother returned for a scheduled blood pressure check. During this visit, the mother was having irregular contractions, which was noted, and again she was sent home with PIH precautions. On this date, there was no mention whatsoever of any decreased fetal movement .
The following day, July 15, the mother called her doctor to report decreased fetal movement. She was told to drink something sweet and if there was no improvement in an hour, then she should go to the hospital.
When things didn't improve the mother went to the hospital where she was sent to the triage area of Labor and Delivery for an NST, which was Non-Reactive. The doctors then ordered a Biophysical Profile which was noted to be 2/8 (2 for fluid). That score would have been 8/8 for a normal and healthy child.
The NST and BPP were both clearly abnormal and indicated an urgent need to immediately have the child delivered.
The defendant obstetricians were aware, as early as 6 p.m. on July 15, of the non-reassuring fetal testing. However, instead of moving for immediate cesarean section operation, the defendants doctors performed an oxytocin challenge test (OCT). The minor plaintiff's mother was put on the fetal monitor at 6:35 p.m. and the OCT was started at 7:10 p.m.
Record indicates strong, regular contractions at 7:15 p.m. Later on the defendant nurse testified that she was listening to the baby’s heart rate and after the contraction ended she was hearing the heart rate go down.
The nurse said that the strip for the first 20 to 25 minutes of the test was not reactive, with minimal variability. The medical record did not show any indication that the attending doctor performed an exam to ensure fetal well being. Despite the strips, the Pitocin was increased and the challenge test continued.
Medical record reveals that at 8:00 p.m. the attending obstetrician studied the fetal monitor tapes. In spite of what he saw on the strips he failed to order an immediate c-section.
It was only after 9:00 p.m. when the plaintiff's mother ruptured her membranes that revealed meconium stained fluid when the decision for a c-section was made.
The baby was delivered at 10:04 p.m., with apgar scores of 1/4/7/8 at 1, 5, 10 and 15 minutes, respectively.
Soon after delivery, the minor plaintiff developed multiple medical problems indicating severe hypoxic ischemic encephalopathy also known as brain damage.
After discharge, the baby was diagnosed with cerebral palsy, acquired microcephaly and spastic quadriparesis.
Today the child continues to have seizures, feeds by G-tube, cannot speak, cannot sit unsupported and is confined to a wheelchair.
During the course of litigation, the defendants said that the standard of care allowed for a “Trial of Labor” or oxytocin challenge test (OCT) in the setting of a non-reactive non-stress test and abnormal BPP.
The defense also alleged that the child's injuries occurred within 12 to 24 hours before the mother’s arrival to the hospital on July 15, and that earlier delivery would not have improved the baby's condition at birth.
Trial was schedule to begin on June 2, 2008, but was settled for $4.85 million before that time.
On July 13, 1998, the mother was again seen for a prenatal visit and sent to the hospital for evaluation of decreased fetal movement. During this visit the mother had another reactive NST and PIH labs that returned normal results.
The exam notes positive fetal movement and the mother was sent home on PIH precautions with instructions to come back the next day for a blood pressure check.
On July 14, the mother returned for a scheduled blood pressure check. During this visit, the mother was having irregular contractions, which was noted, and again she was sent home with PIH precautions. On this date, there was no mention whatsoever of any decreased fetal movement .
The following day, July 15, the mother called her doctor to report decreased fetal movement. She was told to drink something sweet and if there was no improvement in an hour, then she should go to the hospital.
When things didn't improve the mother went to the hospital where she was sent to the triage area of Labor and Delivery for an NST, which was Non-Reactive. The doctors then ordered a Biophysical Profile which was noted to be 2/8 (2 for fluid). That score would have been 8/8 for a normal and healthy child.
The NST and BPP were both clearly abnormal and indicated an urgent need to immediately have the child delivered.
The defendant obstetricians were aware, as early as 6 p.m. on July 15, of the non-reassuring fetal testing. However, instead of moving for immediate cesarean section operation, the defendants doctors performed an oxytocin challenge test (OCT). The minor plaintiff's mother was put on the fetal monitor at 6:35 p.m. and the OCT was started at 7:10 p.m.
Record indicates strong, regular contractions at 7:15 p.m. Later on the defendant nurse testified that she was listening to the baby’s heart rate and after the contraction ended she was hearing the heart rate go down.
The nurse said that the strip for the first 20 to 25 minutes of the test was not reactive, with minimal variability. The medical record did not show any indication that the attending doctor performed an exam to ensure fetal well being. Despite the strips, the Pitocin was increased and the challenge test continued.
Medical record reveals that at 8:00 p.m. the attending obstetrician studied the fetal monitor tapes. In spite of what he saw on the strips he failed to order an immediate c-section.
It was only after 9:00 p.m. when the plaintiff's mother ruptured her membranes that revealed meconium stained fluid when the decision for a c-section was made.
The baby was delivered at 10:04 p.m., with apgar scores of 1/4/7/8 at 1, 5, 10 and 15 minutes, respectively.
Soon after delivery, the minor plaintiff developed multiple medical problems indicating severe hypoxic ischemic encephalopathy also known as brain damage.
After discharge, the baby was diagnosed with cerebral palsy, acquired microcephaly and spastic quadriparesis.
Today the child continues to have seizures, feeds by G-tube, cannot speak, cannot sit unsupported and is confined to a wheelchair.
During the course of litigation, the defendants said that the standard of care allowed for a “Trial of Labor” or oxytocin challenge test (OCT) in the setting of a non-reactive non-stress test and abnormal BPP.
The defense also alleged that the child's injuries occurred within 12 to 24 hours before the mother’s arrival to the hospital on July 15, and that earlier delivery would not have improved the baby's condition at birth.
Trial was schedule to begin on June 2, 2008, but was settled for $4.85 million before that time.
Monday, November 3, 2008
Delayed diagnosis of a four year old
This is a doctor malpractice case involving delayed diagnosis of a four year old girl.
The little girl had a rhabdomyosarcoma. It is a very treatable type of cancer -- if caught early. However, it took her pediatricians five months to diagnosis her ailment.
The child's mother initially informed the doctor that her daughter was constantly leaking urine. The urinalysis and urine culture that the pediatrician ordered turned out to be negative.
The mother called two more times, but the doctor simply told her that it was a behavioral issue and that they wouldn't examine her daughter.
Desperate, the mother used her son's appointment so the doctor would examine her daughter but was again refused.
When it was finally discovered that the child had a malignant growth in her bladder, her parents sued the defendants for physician or doctor malpractice.
Plaintiffs' claim in this case was that the defendants should have sent the child for an ultrasound. That would have revealed the cancer in her bladder.
Plaintiffs further claimed that if it weren't for the delayed diagnosis, the little girl's bladder, which was surgically removed, would have been saved.
Now, there is a need for self-catheterization through a hole in the child's belly button throughout her lifetime.
The defense said that this was not a case of doctor malpractice. There was no delayed diagnosis, since the mother could not prove she made the phone calls to their office making the complaints. No record of said phone calls were found.
The defense argued that they examined the child every time the mother asked for her daughter to be seen. They denied having refused to see her.
Defense said the mother tried to blame them for her own failings since the mother felt guilty about not bringing any complaints after the urinalysis was done.
The defense also said that since the tumor was located in the base of the bladder, the bladder will have to be completely removed anyway.
It is a medical fact that all tumors in the base of the bladder need total excision of the bladder. This was the defense' best argument.
Defense further argued for the plaintiffs to claim that five months earlier, radiation would have totally eliminated the tumor was merely speculative.
Both parties presented very qualified medical expert witnesses.
After five days of trial in Delaware County the four-year-old girl received a $750,000 settlement against her pediatricians for doctor malpractice, which in this case was a negligent delay in diagnosing her cancer of the bladder.
The little girl had a rhabdomyosarcoma. It is a very treatable type of cancer -- if caught early. However, it took her pediatricians five months to diagnosis her ailment.
The child's mother initially informed the doctor that her daughter was constantly leaking urine. The urinalysis and urine culture that the pediatrician ordered turned out to be negative.
The mother called two more times, but the doctor simply told her that it was a behavioral issue and that they wouldn't examine her daughter.
Desperate, the mother used her son's appointment so the doctor would examine her daughter but was again refused.
When it was finally discovered that the child had a malignant growth in her bladder, her parents sued the defendants for physician or doctor malpractice.
Plaintiffs' claim in this case was that the defendants should have sent the child for an ultrasound. That would have revealed the cancer in her bladder.
Plaintiffs further claimed that if it weren't for the delayed diagnosis, the little girl's bladder, which was surgically removed, would have been saved.
Now, there is a need for self-catheterization through a hole in the child's belly button throughout her lifetime.
The defense said that this was not a case of doctor malpractice. There was no delayed diagnosis, since the mother could not prove she made the phone calls to their office making the complaints. No record of said phone calls were found.
The defense argued that they examined the child every time the mother asked for her daughter to be seen. They denied having refused to see her.
Defense said the mother tried to blame them for her own failings since the mother felt guilty about not bringing any complaints after the urinalysis was done.
The defense also said that since the tumor was located in the base of the bladder, the bladder will have to be completely removed anyway.
It is a medical fact that all tumors in the base of the bladder need total excision of the bladder. This was the defense' best argument.
Defense further argued for the plaintiffs to claim that five months earlier, radiation would have totally eliminated the tumor was merely speculative.
Both parties presented very qualified medical expert witnesses.
After five days of trial in Delaware County the four-year-old girl received a $750,000 settlement against her pediatricians for doctor malpractice, which in this case was a negligent delay in diagnosing her cancer of the bladder.
Saturday, November 1, 2008
Cerebral palsy and medical lawsuits
Cause of action
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
- Your baby has been diagnosed with Cerebral Palsy and you have reason believe that the doctors', nurses', and hospital staff's actions or omissions were the cause of your child’s present condition.
- You have been informed that the diagnosis or symptoms indicate that a birth trauma or birth injury may have injured your child.
- There must be a negligent act and/or omission by any medical professional, which includes doctors, hospitals, nurses and other health care provider.
- The negligent act or omission must be the proximate cause or contributed to the injuries or damages to the child.
- there must be a departure from the generally accepted standard of care that caused the injury.
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
Cerebral palsy information
Cerebral palsy is a medical condition caused by damage to the brain. Often, this condition occurs immediately before, during or shortly after birth. Cerebral palsy results in a loss of voluntary muscular control and coordination.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
Here's a list of some important cerebral palsy symptoms:
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
- Premature separation of the placenta,
- baby is too large for the birth canal or pelvis,
- too long or too abrupt of labor,
- awkward and/or breech deliveries,
- cord entanglement,
- excessive pitocin,
- shoulder dystocia,
- failure to order timely cesarean (c-section),
- placenta abruptus,
- excessive force or use of vacuum or forceps, and
- ruptured uterus.
- low apgar scores,
- acidosis (low ph),
- blue skin tone,
- seizures,
- cerebral edema,
- difficulty breathing on its own, and
- severely bruised at birth (this may serve as evidence of forced delivery or excessive trauma).
Here's a list of some important cerebral palsy symptoms:
- Hypoxic-ischemic encephalopathy,
- birth asphyxia ,
- static encephalopathy ,
- neonatal depression ,
- traumatic birth, and
- developmental delays.
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
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