Thursday, September 18, 2014

Are You a Victim of Medical Malpractice?

Medical malpractice is an act or omission by a healthcare provider in which the treatment caused injury or death of a patient. By definition, cases involving medical errors are medical malpractice. Although patients can sue doctors and health care providers, medical professionals can obtain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. When a wrongful procedure is done to you by a dentist, nurse, doctor or therapist, you can file a claim for medical malpractice.

Avoiding Medical Malpractice

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the United States aside from heart disease and cancer. Death or injury due to medical malpractice can be avoided by being in your best health or relying on the best healthcare. However, experiencing a bad outcome isn’t always proof of medical negligence. On occasion, health care providers will inform a patient that the person’s problems stem from medical negligence of a previous health care provider, or sometimes the patient himself or herself has made a mistake.

While a quick honest apology might prevent a claim, settlement without litigation could be issued by an insurance company so it prevents an injured person from hiring a medical attorney.

What Should You Do If You Suspect That You Have Been Subject to Medical Malpractice?

Getting in touch and consulting with a medical malpractice lawyer like Joseph Lichtenstein should be the first step. Look for an attorney who is qualified to handle your specific medical case, such as a cerebral palsy attorney or an erbs palsy attorney. A thorough review of case details and medical records should be conducted by the attorney to determine whether the case is actionable. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, so find someone with experience who can give you the time and legal advice you deserve.

Friday, September 12, 2014

Birth Injury: A Medical Malpractice Issue with Lifetime Effects

One of the most common and serious health problems that stem from birth injury is cerebral palsy. This is a neurological disorder that hinders body movement and muscle coordination. It is sustained by children when not enough oxygen reaches the brain during labor or birth, frequently when there is premature delivery or birth trauma. Children who have cerebral palsy will live with this condition for the rest of their lives. Even with proper access to prenatal care and advanced medical technology, 3 out of 1,000 children suffer from cerebral palsy.

Determining a Birth Injury Lawsuit

It is important to keep in mind that not every child who is born with cerebral palsy is a victim of medical malpractice. In fact most hospitals, doctors, or other birthing professionals act responsibly during the delivery of a baby, but there are unfortunate cases where things can go wrong. There are some signs to link medical malpractice to a birth injury like cerebral palsy. It is important to know these causes before filing a lawsuit. Instances like the following will help parents determine whether medical malpractice was at play:

• Doctors failing to diagnose or treat infections during pregnancy.
• Seizures after delivery were not diagnosed or treated.
• The use of excessive force or improper rotational force during delivery.
• Failure to correctly monitor heart rates before and during labor and birth.
• Improper intubation of the newborn, resulting in oxygen deprivation

Calling in a Birth Defect Attorney

There are more causes of birth injuries, and if you are convinced that you or a family member has been a victim of birth injuries due to medical malpractice a qualified birth defect attorney can help with your case. The treatment of birth injuries is a long-term and expensive process, making it a difficult load for parents to carry. An experienced attorney will be able to provide assistance and further information that is related to your specific birth injury case.