Articles Tagged with medical malpractice

Medical malpractice suits can seem daunting to patients, especially when the patient feels they don’t quite understand as much as their doctors do. The truth is that you can sue a doctor for medical malpractice in the case of misdiagnosis. If you believe that you have a medical malpractice lawsuit, it’s important that you contact a personal injury lawyer in Atlanta who specializes in malpractice cases. McAleer Law has a proven track record of recovering monetary damages for our clients in Georgia.
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Medical malpractice lawsuits are very fact intensive and require loads of information to prove that malpractice actually occurred. Unsurprisingly, there are certain pieces of information that are absolutely required to bring a valid medical malpractice lawsuit. Proving negligence of a medical care provider can be extremely difficult, so it is highly recommended that you consult with an experienced medical malpractice attorney before deciding to file a claim.
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Medical malpractice can come in many forms, and unfortunately, instances of malpractice occur more frequently that many people realize. Sometimes it can be difficult to distinguish actions that can constitute malpractice and instances where a doctor may make a minuscule mistake or a patient is simply not happy with the services provided. This difficulty in discernment creates a deep need for sound legal counsel from an experienced medical malpractice attorney.
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More than 1.5 million people are injured each year in the U.S. due to medication errors, and about 7,000 are killed. When doctors or pharmacists makes a mistake with prescription medications, the consequences can be fatal.

Claims for prescription errors are often based on simple negligence, but can be attributed to professional malpractice. The following are the most common mistakes made by both doctors and pharmacies:

  • Failure to notify patient of possible side effects.

When a loved one is in need of medical care, it is important to research all the options and choose a provider you feel comfortable with. Unfortunately, mistakes can happen, even with a carefully chosen healthcare provider.

Medical malpractice occurs when a provider, usually a doctor or hospital, fails to administer treatment that meets the customary standard of health care. Through medical negligence or misdiagnosis, malpractice may result in injury or wrongful death of a patient. In a medical malpractice case, the doctor, hospital, health facility, or government agency in charge of health care center may all be held accountable.

Recently, the U.S. Department of Veterans Affairs paid $91.7 million in malpractice claims, making this the largest judgment against a government agency in 12 years. Gross negligence, missed diagnoses, delayed treatment, and procedures performed on the wrong body parts were cited as the major medical mistakes of the government agency.

According to ABC News, the family of a Californian toddler will receive $10 million a medical malpractice settlement.

In November of 2010, the  two year old’s parents took her to a Sacramento Hospital with a fever, skin discoloration, and weakness. After waiting five hours without seeing a specialist, she was flown to another healthcare facility. The second healthcare provider determined she was suffering from streptococcus A bacteria. Due to the extended wait, the bacteria had invaded her blood and organs, leading to a necessary amputation.

The settlement with the Sacramento hospital and its parent company, Catholic Healthcare West, ranks among the largest in California history, according to medical malpractice attorneys.

Teva Parenteral Medicines, Inc., Baxter Healthcare Corp., and McKesson Corp. have been ordered by a jury to pay at least $20.1 million for packaging and selling an anesthetic in a way that proved harmful to patients. The jury concluded that the companies wrongfully sold Propofol in vials large enough to be used on multiple patients. Consequently, three colonoscopy patients contracted Hepatitis C. The plaintiffs sought $25 million in actual damages over the incurable liver disease. Punitive damages have yet to be decided.

Teva faces almost 300 lawsuits stemming from a Hepatitis C outbreak three years ago. The company has argued that the infections were caused by “improperly sanitized medical equipment, not reused Porpofol containers.”

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A recent report warns that metal-on-metal hip implants are failing at an alarming rate. Hip implants such as the DePuy Pinnacle Ultamet and the DePuy Orthopedic ASR, which have been recalled, fail in one-third of patients. Metal-on-metal hip replacement devices were designed to be more durable than traditional hip replacement devices; however, they have a significantly higher early failure rate than hip replacement devices made with ceramic and plastic components.

Artificial hips are typically expected to last 15 years before replacement is needed. Some reports indicate that all-metal hips are failing after only five or six years. Failure of a hip implant device often causes extreme pain and mobility issues, and may require the patient to undergo revision surgery which comes with an added risk of complications.

A concern with all-metal hip replacement devices is that debris can come loose from the joint and be absorbed by the patient’s soft tissue surrounding the joint, creating a condition known as metallosis. The uncertain effects of any release of cobalt and chromium ions into the patient’s blood are also a concern.

A teenager was left permanently paralyzed from the waist down after an epidural anesthetic was left in her spine for too long. The young woman was 14 years old when she went in for a routine operation to remove gallstones.

During the patient’s hospital stay, the hospital staff had been told that the numbness had spread to both her legs and she was unable to move her feet. The anesthetic was not removed until 48 hours after the patient’s operation, by which time it had entered the girl’s spinal cord and damaged the membrane.

The girl’s attorney said that the hospital’s full admission of liability now paves the way for a settlement of this medical malpractice claim that will provide the girl with the financial support she will need to pay for specialist care and equipment for the rest of her life.

Four years after undergoing aortofemoral bypass surgery in January 2004, an 85-year-old woman underwent a second surgery to remove a surgical sponge previously left behind.  Throughout those four years, the woman suffered from pain in her back and the lower left quadrant of her abdomen, weakness, dizziness, numerous infections that were treated with antibiotics, nausea, and a foul odor coming from her body that would not resolve itself with showering or other attempts at personal hygiene. Finally, a CT scan revealed a mass near the woman’s colon that turned out to be an old laparotomy pad.

In December 2009 a suit was filed alleging negligence and malpractice against the surgeons who performed the original procedure and the hospital where the procedure was performed.  The patient offered to settle with the responsible parties for $250,000.  This offer was rejected and the case continued in the court system until the hospital admitted all liability, cleared the surgeons of any blame and settled the case for $375,000.

If you are dealing with an injury due to the negligence of a physician and are uncertain about your rights and how to seek compensation, contact McAleer Law.

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