Improper Treatment – A Medical Mistake so Many Doctors Try so Much to Hide

Aug 4, 2016 by

An 88-year old man suffering from second and third degree burns on his buttocks and heels was admitted to a hospital where he was placed on his stomach, without IV. He was provided a glass of water, only it was placed on a night stand that was out of his reach.

Due to his position, he regurgitated acid from his stomach but couldn’t drink when he needed to. As a result, the acid from his stomach burned his esophagus. After a couple more days, he began suffering from severe dehydration and organ failure. He lost his capability to talk or swallow anything and, after nine days, his body was just too weak to continue bearing the severe suffering. He died.

Though the hospital and the man’s doctor explained to the family that the cause of death was the man’s very weak condition even during admission, this did not hinder the family to go to court to get full disclosure. The medical board that investigated the man’s case found that the hospital was actually guilty of 26 different errors which eventually caused the old man’s suffering and death.

For many patients and patients’ families, questioning a doctors’ judgment is be difficult. Though they have all the right to do so, they worry that this may send a wrong message to the doctor, who may interpret queries as lack of trust. They should know, however, that even the best and very famous doctors, like everyone else, can commit mistakes and that, sometimes, they actually do. Some of these mistakes are improper treatment.

As different from wrong diagnosis, in an improper treatment case, a doctor has correctly diagnosed his or her patient and, therefore, knows exactly what the patient’s health problem is; however, for whatever reason, this doctor provides the patient with the wrong treatment.

There are different ways through which improper treatment may be committed, some of these include:

  •  Giving a patient the wrong dose of a drug;
  •  Prescribing a drug to a patient despite such patient’s known allergy to such drug;
  •  Delaying, rushing, or performing an unnecessary or a dangerous treatment;
  •  Inadequate monitoring of a patient; and,
  •  Failing to take the necessary measures which will prevent a disease.

In their website, improper treatment lawyers from the Hankey Law Office says that it is critical that victims of medical malpractice hold doctors accountable for their actions and get the compensation they deserve. This is because besides the new injuries a patient may be made to suffer, improper treatment also does not address the patient’s original health problem, making this problem worse and, thus, require more expensive medication.

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Seek Justice After Medical Malpractice

Jan 5, 2015 by

It is almost a truth universally acknowledged that medical practitioners are to be respected, nearly without question. After all, simply going into the industry of caring and curing living beings comes hand in hand with the responsibility that all great power comes with. Ever greater is the responsibility when dealing with life and death and even those in the medical field are still human – and are still subject to human error. Ever greater is also the enormous price that one little grievous error from a medical practitioner could cost.

Medical malpractice occurs when a medical professional, due to intentional or unintentional negligence, causes harm to come to a patient. According to the website of the Sampson Law Firm, some cases of medical malpractice have resulted into some patients even going insofar so as to become permanently disabled or even, at the worst possible scenario, dead.

There is already great inconvenience that comes with being disabled or ill, hence why you would seek medical assistance in the first place; if it is the malpractice within this field that further impairs you, you are warranted to seek immediate legal expertise in order to demand due compensation. Sometimes, it can be as simple as to financial recompense for medical bills and lost wages following an accident. Sometimes, the aftermath is so devastating that it can follow you for the rest of your life, causing more hindrance to your lifestyle, adding to the injury and to the charges that you are owed.

If you or someone you love has suffered unfortunate circumstances due to a medical professional’s negligence or lack of service that is kept within the standard of care within the medical community, then it is advisable to look for attorneys who can help you with this claim. This kind of case can be difficult enough as it is, without the added baggage of recovery and trying to just live your life back to the way it was before this injury, and this process can be complicated and needlessly prolonged.

Many hospitals and insurance companies would be more than happy to let this issue never find its just resolution so long as the compensation is kept within house. Demand the justice that you or your loved one so rightfully deserves and seek out legal aid that believes exactly that, in order for your case to be properly represented without you needing to be stressed out even more than you, understandably, surely are.

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New Hampshire’s Early Offer Program in Medical Malpractice Litigation

Jun 13, 2014 by

The New Hampshire Early Offer Option Alternative (RSA 519-C) enacted in mid-2012 has spurred a lot of debate in legal circles. Touted as the “first true medical malpractice reform program,” the option offered to patients who suffered injury from the negligence of a healthcare professional or facility has the potential to do away with the court system altogether and all its attendant disadvantages.

A typical medical malpractice suit takes a long time to come to a resolution. On average, it takes about 40 months to get to verdict, and after all that there are no guarantees of success for the plaintiff. While reputable New Hampshire medical malpractice lawyers take cases on a contingent fee basis, this will not take care of the other expenses that the plaintiff has incurred, both economic and non-economic.

The Early Offer program offers plaintiffs the option to consider a settlement proposal from the defendant without going through the court process, or even filing a case. Plaintiffs merely have to submit a notice of injury drafted by experienced New Hampshire medical malpractice lawyers to the insurer of the responsible party which includes details of the case, including:

  • Complete details of the causative event
  • Severity of the injury
  • Medical records and expenses related to the injury
  • Proof of lost income
  • Amount of desired compensation

Plaintiffs are not required to consider a settlement offer; they can request not to receive it and file a case straightaway. Plaintiffs are also not required to accept an offer if they agree to receive one from the defendant. An Early Offer settlement typically covers economic damages plus a little more and the legal fees of the plaintiff, but does not include non-economic damages such as pain and suffering.  A typical Early Offer case takes a few months to settle, considerable less than a typical medical malpractice lawsuit.

However, if a plaintiff does request an offer and rejects it, the “loser-pays” policy comes into effect. What this means is that if the court finds for the defendant, or awards the plaintiff an amount that is less than 125% of the settlement offer, the plaintiff will have to pay for reasonable legal costs of the defendant. In fact, in such a situation the court will require the plaintiff to post a bond for an amount determined by the court before it will proceed with a case.

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