Sunday, December 2, 2012

Contaminated Medication

American drug companies make and sell incredible quantities of prescription and over-the-counter medication every day. Some people need these medications as part of medical treatment and others need them for pain relief. Medication can improve your quality of life or contribute to the cure of an illness. However, sometimes drugs could contain contaminates that can make those who take them seriously ill.

If you believe that the medication you have taken was contaminated, speak with an experienced personal injury attorney in your area as soon as possible. It is important to do everything you can to draw attention to a dangerous drug in order to protect other innocent consumers.

Potential Contaminates

When drugs are prepared at a manufacturing company, outside contaminates could get into the medication due to the carelessness of workers or managers. Workers should follow safety standards to prevent outside substances from getting into the medication. These contaminates could include, among others:

Fungus Bacteria Mold

Drugs can also become toxic if they are not properly stored or refrigerated in stores and pharmacies. It is the responsibility of pharmacists and store employees to properly store medications so that customers do not get sick unnecessarily.

If you have suffered because of the negligence of another person or entity, it is important that the responsible party is held accountable for their mistakes. You should not have to suffer and bear the costs of medical treatment due to the mistakes that someone else made. Through a successful personal injury lawsuit, you may be able to recover compensation for your accident-related costs.

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Medical Malpractice Suits Protect Patients

The media is very good at making sure that folks get the mistaken idea concerning some topics. Look at how they depict medical malpractice claims. If you think about it, these claims are commonly represented as problems in and of themselves. They are portrayed as increasing the prices of everyone's health care and as victimizing physicians who end up getting sued under this area of the law. In reality, medical malpractice claims oftentimes have a lot of benefit and make it possible for the individuals who file them to get on with life after a really undesirable experience.

Medical malpractice law firms are not out to help people to run scams on good health professionals. In reality, they represent individuals who have been wronged in precise ways and, often, in ways that lead to considerable physical, mental and financial suffering. The injury may include botched surgeries, missed diagnoses and other kinds of negligence that can do a lot of damage to a person and their lifestyle. To help them to recuperate from these damages, the law offers the option to sue medical doctors and hospitals in cases where they fail to uphold their duties to their patients.

Medical malpractice consists of more areas than most individuals usually think. There are cases, for example, where a medical doctor may miss an illness that has presented in a patient when they should have diagnosed it right away. When this leads to real harm to the patient, suing is occasionally a possibility. These types of cases constitute almost half of the total medical malpractice cases brought every year. The health practitioner may also fail to supply ample care for a condition that was a whole lot worse than they recognized and may end up causing harm to the patient, sometimes even death.

Don't believe the misinformation about medical malpractice. If a medical professional or a hospital was negligent in their duties and caused you or a loved one hurt, the law is there to help shield you and to remedy the situation as best as possible. These laws are not means for people to file fake claims or to take advantage of the prosperity of physicians and hospitals. In actuality, they are often the only way that you can combat these moneyed individuals and institutions. If you do not have funds, look for a medical malpractice lawyer who will work with you on contingency. This permits you to move forward without spending any upfront fees and provides you with superb representation for your claim.

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The Risks of Delayed Treatment

Medical conditions often present very differently in different patients. Although some patients have very clear symptoms that are quite unmistakable, other patients may have the very same condition with symptoms that are not as clear cut. No matter how the problem or condition presents a trained medical professional should be able to provide an accurate diagnosis along with a set course of action that has been designed to treat the issue.

That being said, there are times when there is a delay in treatment because the patient is not admitted to a medical facility for treatment, for testing, or their symptoms are simply dismissed as something else that is more minor in nature. When this happens, there may be a case of medical malpractice or negligence against the medical professional or the medical center for the resulting injury due to the delay in proper treatment.

A delay in treatment can happen in a number of ways. The number one reason that most patients experience this issue is because a physician does not properly diagnose a life threatening illness or condition and simply tells the patient to return home, even though immediate treatment is actually needed. This type of delay can lead to serious illness, injury, and in some cases, death. When this happens a medical malpractice claim is quite possible.

Furthermore, if a medical center does not accept a patient for treatment in an emergency situation, this could also be grounds for a malpractice claim. Failure to treat in this circumstance is a direct violation of the Emergency Medical Treatment and Active Labor Act, as well as several other civil rights laws and individual state laws. One reason that this happens is because some medical centers will not accept uninsured patients or patients with certain types of insurance.

There are a number of potential risks and dangers that can be attributed to delayed medical treatment. Depending on the type of illness or injury, this can vary a great deal, however some of the most common risks include the following:

Missing Cancer/Tumors: Many types of cancer are missed completely, or diagnosed as a much less serious condition.

Heart Attacks: Frequently dismissed as other minor issues (even gas bubbles, or stress), heart attacks are quite commonly misdiagnosed or ignored.

Stroke: Much like heart attacks, strokes are often misdiagnosed, ignored, or not treated properly.

Side effects of delayed treatment include serious life threatening issues such as brain damage, organ damage or failure, hemorrhages, permanent disabilities, paralysis, infections, blood flow disruptions, and even death.

Along with the serious health implications that can result from delayed treatment, there are also several legal implications as well. When a patient is denied care, such as is the case when a medical center refuses treatment, and this delay causes or worsens the injury, there is a good chance of a successful medical malpractice case.

Similarly, you may also have a good case if your treatment was delayed due to not being admitted to a medical center or released too soon from emergency care. In an emergency room setting, a physician and his or her staff should take steps to assess a patient's condition and place him or her into the treatment cue; this is also known as triage. Failing to properly do this may cause the severity of a patient's medical problem to be overlooked, leading to too much time passing between arrival and treatment, or to further damage or injury. Not only that, but when a physician does not use the proper medical diagnostic tools to make an assessment, there may be an error in diagnosis entirely, which can result in a patient not receiving any type of treatment, and being sent home. When this happens, there can be further injury because of not being admitted for treatment, which is also a strong case for medical malpractice.

In the event that you or someone you know or love has been injured or harmed because of delayed treatment for an illness or injury, you may be able to seek justice in the form of a malpractice law suit. In order to ensure you will be successful and that the outcome will be worthwhile, you must be able to prove the following criteria:

The physician had the responsibility of providing sufficient and appropriate medical treatment;

The physician did not provide this level of care;

The failure on the part of the physician to provide this care caused or worsened the injury to the patient;

The patient experienced damages as a result of the patients delayed treatment.

In order to substantiate the claim, evidence must be supplied to support the law suit filing. This type of evidence can include medical reports, first hand witness accounts, expert testimony, and any other information that is deemed pertinent to the case. On top of this evidence, some jurisdictions also require plaintiffs to file certification from a medical expert in advance of the law suit in order to prove that the health professional, medical center, or medical staff did in fact breach the standard of care that the patient was entitled to receive, therefore causing further damage.

Any time there has been a case of delayed treatment; professional help from a medical malpractice attorney should be sought immediately. Because these cases can be quite complex and the laws surrounding statutes of limitation can vary from state to state, you should not wait in doing so. Not only can an attorney help establish your case, and evaluate the validity of your case, he or she can also determine how successful you will be in your law suit. Your attorney will know exactly how to proceed and will be able to determine the level of compensatory damages you are entitled to receive. He or she will also be able to determine if you should seek further damages, such as punitive for your particular case as well. Since malpractice attorneys work on a contingency basis, you have no upfront expenses, meaning you have nothing to lose, but everything to gain.

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Are You A Victim Of Medical Negligence

Medical negligence or clinical malpractice refers to the careless attitude of a healthcare professional that results in serious harm to the patient either emotionally or physically. It can lead to death in some severe cases of negligence. The cases of medical negligence are very common these days, and if you or your relative is the victim of medical negligence, then you can claim for that.

There are different types of medical negligence cases, and it is very important to know about different cases in order to handle your case effectively. Depending on the case of medical negligence, all other procedures are carried out. It is always necessary to hire a medical attorney for the clinical negligence case because they have years of experience in this field. They can handle your case effectively, and can bring better compensations for you. Patients can get financial compensation after claiming for the case of clinical negligence.

If you are a victim of medical negligence, then it is better for you to follow all procedures systematically to claim compensation. First, the most important thing is to discuss the case with a lawyer who will handle your case.

They usually obtain your medical records that can be helpful to prove that the condition of the patient has actually deteriorated because of medical negligence of the doctor instead of other reasons. After investigations about the case, the lawyers provide useful suggestions to you.

The victims of the clinical negligence case usually have two types of damages that are punitive damages, and compensatory damages. Compensatory damages are usually the main centre of attention of the lawyers because it is very easy to prove these damages instead of punitive damages.

The records or reports of compensatory damages are usually available at the hospital, so it becomes easier to prove these damages. These damages include physical, emotional, or psychological traumas. The amount that is given to the patients or relatives of the patients is determined by the judge and compensations for both compensatory and punitive damages are included in the amount.

The victims of the medical negligence can experience various types of negligences like misdiagnosis, late diagnosis, anesthetic errors, or surgical errors. The cases of medical negligence are also common, in which a serious disease is misdiagnosed. The patients must be aware of types of medicinal negligence, so that they would be able to claim soon. The consent of the patient for any surgery is taken most of the times, but if, such processes are carried out without the consent of the patients, then it can be claimed as well.

If you are a victim of medical negligence, then you should be aware of the time limits during which the claim of clinical negligence case is accepted. After a particular period, the case is not accepted. Plenty of information is available about clinical negligence cases that can help you to find a way for the resolution of your problem if you are a victim of clinical negligence.

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Improper Suturing

Despite the increasing complexity of surgical procedures, suturing the incision site is one of the most basic and necessary steps in an operation. Regardless of the surgery site, the organs, tissue, skin, and nerves that are being manipulated must be sutured before the procedure is complete. Safely closing the incision site is required for proper healing, and if an error is made in this step, the patient may be in danger of developing complications.

Improper suturing is typically caused by human error, lack of training, or simple negligence. Failure to train or to keep up with the newest techniques necessary for safe procedures are often to blame, as are dirty surgical tools, incorrect instruments, or an unsanitary environment. These are all common examples of outpatient medical malpractice.

When sutures are not correctly completed, the most common complication is surgical site infection or a reopening of the incision site. While these can generally be treated or fixed, there is no reason for the patient to have to endure further pain because of the carelessness of a medical professional. Occasionally there are other complications such as a worsening of the original ailment, tissue or organ damage, disfigurement or scarring, disability, paralysis, and coma.

Improper suturing can have long lasting physical effects on the victim. It may even cause serious, long-term emotional trauma. Medical malpractice of this nature should not be tolerated. If you or a loved one is the victim of a careless medical professional's inability to properly suture an incision site, you may be entitled to financial compensation for your losses.

Understanding your rights as an injured individual is important to getting the financial compensation that you and your family deserve. To learn more, visit the website of the Cedar Rapids surgical error attorneys of the Pete Leehey Law Firm, P.C. today.

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How to Find Medical Negligence Lawyers

Cases of medical negligence are numerous nowadays. More and more people become the victim of a doctor's negligence. Thus, knowing how to find a good negligence lawyer is very important. Such lawyers are hard to locate. Filing a lawsuit is a very complex and delicate issue which should be paid great attention to. That is why it is so important to find a good lawyer who will fit your needs. One important thing for a good lawyer is his knowledge of the legal guidelines and framework referring to cases of medical negligence. A skilled and professional lawyer will advise you what direction to take in order to have a successful outcome.

Finding medical negligence lawyer is a very important and hard job which requires a lot of research. When looking for a good negligence lawyer you should consider several important things. The first important thing is to understand what type of lawyer you need. You should try to select the one who handles that field specifically. Your task is to find out information about the experience of the lawyer. You should search how long the lawyer has been working with such cases and malpractice and how many cases he has won. You should make sure the attorney pays you personal attention. This is quite important since each case is unique and demands specific treatment.

Medical negligence attorney can be searched in the yellow pages, on the Internet, etc. You may also question your relatives and friends and find information about some lawyers in this way. But it is possible that none of your friends and relatives has been the victim of medical negligence. So, the most reliable source of searching for a negligence lawyer is through the web. Many law firms and individual lawyers have their websites, where you can find information about their activity and their contacts.

No matter which lawyer you choose, the most important thing is that you should trust that lawyer and leave the case up to him.

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How Medical Negligence Claims Differ From Other Claims?

Medical Negligence is an act or incident where a doctor does not fulfill his/her duties in the expected way, resulting in hurting or even causing death of the patient. Medical-negligence can include health care provider such as a pharmacist, dentist, nurse or a doctor.

If care was given negligently, then the patient who suffered can make a claim against that medical professional, but this claim can only be successful if an injury resulted from that incident, which should not have occurred under ordinary circumstances. From a recent study, it has been shown that more than 225,000 people die every year from Medical carelessness incidents, which range from incorrect diagnosis to errors made during surgery.

Proving medical carelessness is often not easy because of various possibilities, and the complexity in medical procedures. Thus, the doctors are not responsible for every mishap, and should not be blamed at all times. Therefore, in order to prove medical careless, solid evidence is needed to prove that the treatment was of an unacceptable and inappropriate standard.

The medical-negligence claim is very different from other claims, as personal injury claim in case of a car accident is very different from medical carelessness. Suppose a car driver hits another car, this is an obvious example of carelessness, and can be a valid personal injury claim, whereas this is not valid for medical careless claim.

In medical-negligence, court has to look upon the potential breach of duty of care and decide carefully whether the treatment fell below the required standard. This is not as straightforward as it seems, and sometimes cases deemed to be of negligence claim do not occur because of negligence in reality.

Another hindrance in the part of claim is to prove that negligence really caused the injury. In a car accident, a driver with no prior injury can easily claim for a severe neck pain right after the accident, whereas this is not the case in medical carelessness. It is quite difficult to prove that the negligent treatment lead to injury to the patient, because it is possible that the patient developed symptoms after undergoing the treatment.

However, personal injury claims and medical carelessness claims may look similar, but in practice it is not so. You can easily win a personal injury claim, but winning a medical carelessness claim is much more difficult. This makes it important for you to choose a famous specialist medical-negligence solicitor who can help you win the claim for compensation.

Medical and clinical carelessness cases are also very different from each other. The compensation of medical carelessness differs from clinical carelessness. In clinical negligence, compensation general damages are given that includes compensation for the injury and pain caused by negligence. In medical carelessness, special damages are given which include treatment fees and travel expense damage to the patient.

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Medical Malpractice: Discuss It With Your Attorney

Today, medical malpractice is a major discussion. With the rise of the best medical institutions, future medical practitioners are trained to become competent. They are given the most attention. They learn inside the classroom and outside. They are being exposed to the real medical world. However, we can't still eliminate the fact that other practitioners work unprofessionally. They simply think of their own benefit. They forget about their duties and responsibilities. In case you are mistreated or ignored in a certain hospital, you can file a case. You have the right to discuss it with your attorney. By keeping your mouth shut, you might offer yourself more harm than good. So, discuss this matter to somebody who knows almost everything. By that, proper action can be done.

When determining if you are really a victim of medical malpractice, be aware not only of your own right but also with the state laws. Include the statues of limitations and amount of rewards. These things might vary depending on the situation. Anyway, what really is medical malpractice or medical negligence? It is when a health care provider or facility goes against the required standards for patient care. Most common examples are prescribing wrong drugs, wrong diagnosis, late patient response, not monitoring the patient's condition, and more. If health care professionals promise to give exceptional care to their patients, they really have to do that. They shall not bring any personal concern at work. They need to treat the sick and save lives.

Can nurses, doctors and other health care providers be sued due to medical malpractice? The answer is obviously yes. They can be sued. If you have substantial evidences, they might be taken out from work. The lawsuit is fit to those who go against the standard norms. There is no exception as long as you say the truth. They will be given chance to defend themselves. But, if proven guilty, they might suffer the hardest consequence. They can't anymore practice their profession. Simply discuss it with your attorney. He'll be giving you tips on what you need to do. Now, if you are unhappy with the result of your surgery, that alone might not be valid. You really have to show proofs that the surgeon shows negligence while performing the operation. That already is valid. But, it's better if you can have somebody to testify that you are saying the truth.

Why is that you need to discuss matters pertaining to medical malpractice with your lawyer? Generally, you really need to understand the act of negligence. As an ordinary citizen, you might have a wrong understanding of the lawsuit. This is why it is critical that you sit down with a lawyer just to talk. Go to one who specializes in such issue. Bring all your documents. They will be subject for evaluations.

Healthcare providers need to issue copies of medical records to their patients. You need to keep all records so in case of problems, you can show documents. Besides, it won't be easier for your lawyer to come up with the best decisions without the basis. For the statute of limitations, it varies. Generally, it would fall between one to three years.

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Medical Malpractice Lawsuit Basics

If you are interested in initiating a medical malpractice lawsuit after being injured or disabled while under the care of a doctor, there are a few components that are necessary to have. Aside from getting a lawyer, you need an expert witness, as well as proof that your doctor was negligent in some way. Once you have these factors in place, you have a chance of getting money to pay for any hospital costs you will have in the future.

The first step is to get an attorney who can represent you, as this will allow you to get the money you need to pay bills related to your injury. You should find someone who has won cases like this before, as a medical malpractice lawsuit requires a few different factors in order to get a favorable ruling. Once you have retained legal counsel, you can start the process of proving negligence.

You first need to prove that your doctor acted below the typical standard of care, which requires that you show what the standard of care usually is. For example, if you have gotten bed sores from lying in bed for days at a hospital, you should mention in your medical malpractice lawsuit that nurses or doctors are usually supposed to turn patients over a few times per day so that they can avoid the sores. Once you show that this is the standard of care that you would expect from any hospital, and that your doctor did not do this, you have a chance of winning your case.

One of the most important components of this type of case is the expert witness. This is a medical expert of some kind, typically in the same specialty as the practitioner you are suing, who can attest to the usual standard of care received. He or she will need to go on record stating why what the doctor in question did was medically wrong. You may find that you need to do a bit of searching with your lawyer to find this kind of witness, as many doctors will not testify against doctors in their area.

Clearly, there are a few details that you need to have in place when you initiate a medical malpractice lawsuit. Having all the facts before you go to court can help you win your case, allowing you to get your injury bills paid for soon. Though a lawyer can help you collect these necessities, it is nice to have an idea of what you will need before you even contact one.

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Most Births Go Well, But Mistakes Can Be Made

It'd be hard to think of a time when we are more vulnerable than at the time of our birth - that transition from one world to another. For many infants and their mothers, the shift is smooth and everything goes as planned.

When the procedure doesn't go as it should, however, the results can be frightening and tragic.

In late 2007, one Texas mother-to-be was brought into the hospital to have labor induced. At her obstetrician's instruction, Cametria Andrus was given a Cesarean section and her daughter was born - weighing only 3 pounds, 4 ounces.

For the next 32 days, the newborn was tended to in the neonatal intensive care unit. Born a full month ahead of schedule, the little girl suffered from respiratory distress syndrome, jaundice, delayed neurologic development and severe anemia, which required a blood transfusion.

In 2009, Andrus filed suit against her obstetrician, claiming negligence on his part for inducing labor a full month early, failing to assess the situation in a comprehensive manner and for failing to reveal the due date discrepancy to her.

While the cause of injury in Andrus' case is uncommon, birth injures, unfortunately, are not.

For instance, birth injuries often occur when forceps or vacuum extraction is required during labor. These methods are fairly common when an infant must be rotated or repositioned, or when the mother becomes exhausted and can no longer push, but mistakes can and do occur. The use of forceps or vacuum extraction can cause a misshapen head, injury to the spinal cord, brain damage and painful tearing to the mother.

When a mistake is made during childbirth, lives can be changed irrevocably. Infants can face a lifetime of physical and/or mental deficiency. Mothers can also be injured and face high medical bills and lost wages. If you or your child has been injured by the negligence of your physician or hospital staff, you should seek the counsel of an experienced birth injury lawyer for advice on how best to proceed.

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Safety of Gastric Banding Weight-Loss Surgery in Question

With a culture obsessed with the waistline, it's not surprising that the business of gastric weight-loss surgery is growing quickly in America.

Led by Allergan, maker of Botox and breast implants, the gastric weight-loss industry has grown to $400 million annually. But its continued rapid expansion is threatened by increasing doubts about the safety of the popular Lap-Band surgery and similar procedures, according to a report by Reuters.

What Is Gastric Banding Weight-Loss Surgery?

The 30-minute to hour-long procedure known as Lap-Band surgery inserts an inflatable silicone band around the top portion of the stomach, creating a small pouch. The pouch limits the amount of food their stomach can hold, enabling them to feel full while eating less. The surgery can be done on an outpatient basis, though it may require a night's stay in a hospital for some patients.

The surgery is not as invasive and hazardous as gastric bypass surgery, which involves large incisions and a bypassing of a part of the intestine.

The Risks

Food and Drug Administration regulators are now looking into the possibility of allowing companies to market the Lap-Band and similar surgeries to teens. In one study of the laparoscopic surgery, more than one in five teenagers had "symmetric pouch dilation," in which the pouch size increases at the top of the stomach, allowing patients to eat more (and thereby defeat the purpose of the procedure).

While fewer than eight percent of gastric banding weight-loss patients experience complications in the first month following surgery, more than 40 percent have problems in the long-term.

Those problems include disintegration and slippage of the silicone band (both problems may require additional surgery to remedy). Long-term complications also include esophagus dilation, which can make it difficult for patients to swallow, and infections around the band's port, where doctors add or subtract saline to tighten or loosen the band.

Leaks of the saline in the bands are also not uncommon, according to reports.

A Swiss study of 167 adults who underwent the gastric band surgery showed that almost a third of the devices had failed 10 years after insertion. An Austrian study found that just fewer than 54 percent of gastric band patients had the original band after nine years.

When Risks Become Reality

If you or a member of your family has suffered harm because of a gastric banding weight-loss surgery, contact an Illinois medical malpractice attorney who can investigate the facts of the case. A medical malpractice lawyer explains your legal options and helps victims of medical malpractice pursue compensation for medical bills, loss of income and pain and suffering due to doctor or hospital.

Anesthetics at the Dentist   Dental Malpractice   The Dangers of Delayed Diagnosis   Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   

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