Top 5 Medical Malpractice Claims

According to the National Trial Law website, the top 5 medical malpractice claims made against practitioners result from incorrect diagnoses (33%), surgical errors (23%), treatment mistakes (18%), obstetric oversights (10%), and errors made during the administration of medications or anesthesia (10%).

AMA Ethics and Standards

The American Medical Association (AMA) establishes strict guidelines on patient care, outlining the ethics that doctors should uphold in the practice of medicine. These ethics extend to medical malpractice as they signify whether or not a physician is guilty of negligence.

For example, the AMA asserts, under the Code of Medical Ethics Opinion, 1.1.1, that the patient-physician relationship is one based on trust. Therefore, it’s a doctor’s obligation to place the patient’s well-being and welfare above his or her own self-interests or responsibilities to others. This means that a medical practitioner must use sound medical judgment concerning a patient’s care as well as support the patient’s welfare with the same regard.

Therefore, a medical malpractice lawsuit is a serious matter. Even with precautions in place, hospitals still can’t avoid lawsuits. Therefore, these types of claims continue to dominate the legal terrain.

Basically, medical malpractice claims represent activities that violate established medical standards and practices. Besides doctors, nurses and other medical professionals may be held liable for negligence. 

Negligence happens any time when a medical professional makes a diagnostic error, ignores a patient’s symptoms or condition, or fails to take the proper measures during patient care. 

Claims Against Third Parties

In cases of surgical oversights, you may be able to sue a third party. For example, if you were injured because of the poor quality of prosthesis, you may be able to make a claim against the manufacturer. This type of medical malpractice claim falls under the following category of defective equipment or supplies.

Defective Medical Equipment or Supplies

This category may include unsterile equipment, for instance, or a malfunctioning heart valve. In some cases, the equipment may work but may be surgically added when it’s not needed. For instance, if a heart valve is implanted in a patient with heart problems and it’s the wrong type of prosthesis, the patient or family has a right to make a claim.

One Case in Point

One medical malpractice case reflects this type of claim. The account, which comes from the Minnesota Case Report files, states that a farmer, 49 years of age, had a diagnosed heart murmur since his teen years. 

Medical testing showed that the patient had aortic insufficiency and hypertrophy in the left ventricle as well as calcification and moderate aortic stenosis (narrowing of the valve). The aorta represents the large artery that runs from the lower chamber of the heart or its left ventricle. 

Because this condition prevented the heart from opening properly, the treating physician felt the patient was a good candidate for bypass surgery, or an aortic heart valve replacement. However, during surgery, the aortic valve had been sized incorrectly and an aortic prosthesis was not available in the correct size. The doctor replaced the defective valve with a mitral prosthesis instead. 

After the procedure, blood flow was poor and it was found, after another procedure, that the mitral valve was incorrectly placed and needed to be turned around. The physician removed the valve and used a smaller aortic valve instead. Because this required a second cross clamp, the patient suffered an acute myocardial infarction (heart attack) and died.

After this case was filed, the claimant received a settlement of $1,300,000.

Inadequate Medical Training

Some medical lawsuits against healthcare providers may involve inadequate training. Unfortunately, a lack of training leads to substandard care, which, in turn, may harm a patient. Below are examples of inadequate training.

• Incorrectly reading a monitoring device, such as a heartbeat monitor
• Administering the wrong dose of a medication
• Injuring a patient after using the wrong transport or lifting technique
• Incorrectly caring for wounds
• Amputating the wrong body part
• Administering anesthesia incorrectly
• Failing to diagnose a condition during a medical exam
• Not washing the hands before wound care
• Not treating an infection

Negligent Supervision or Patient Management

A healthcare provider should be mindful of their patient’s condition at all times. They also must take the time needed to fully examine a patient to understand their unique healthcare requirements. After the exam, the doctor is responsible for managing the patient’s care carefully and properly. If he or she does not follow these standards, they can be held accountable for negligence.

Excessive Medical Treatments

Medical claims for malpractice arise, as well, when the care deviates from a proper treatment standard. For example, performing procedures or treatments that are unnecessary can lead to a medical malpractice lawsuit.

Get Legal Help for Filing a Medical Malpractice Lawsuit Now

If you feel you are in your right to file a medical malpractice claim, you need to do so immediately. To get the assistance you need now, contact the law firm of Jance M. Weberman. Call 213-386-9100  right away.

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So, how do you define a case that involves professional medical liability?

Defining Medical Malpractice

Medical misconduct happens when a health care provider delivers a substandard form of treatment and care. This type of negligence may lead to a patient’s injury or death. However, you still have to remember that some poor outcomes do not result from malpractice.

Proving Negligence

To prove malpractice, a lawyer must prove the following:

• A medical doctor and patient relationship existed
• The doctor had the responsibility to provide care that any other doctor would reasonably provide in the same situation
• The doctor did not dispense care that other doctors, in the same circumstance, would have rendered
• The patient, in return, was harmed or injured by the doctor’s negligence
• The harm or injury suffered is quantifiable

Even if negligence is proven, you still need to answer some important questions – details that are often considered in a court of law. For example, what happens if you did not fully follow your physician’s instructions?

Depending on the severity of the negligence and your own response in exercising due care, you may be held, in this case, as comparatively negligent.

Signing a Consent – Does It Factor in a Negligence Case?

Also, many patients wonder if they can still file a lawsuit if they signed a consent form before a procedure. Signing the consent should still give you the right to file suit if the doctor’s treatment did not meet the expected standard of care. While medical procedures may be unpredictable or risky, negligence does not have anything to do with patient consent.

The Period Following an Error: What You Need to Do

The time following a medical mistake is a critical period. If you suspect an error was made, you need to start documenting your experience right away. That means you need to seek medical attention without delay. Detail the injuries and symptoms, the dates they occurred, and what procedure(s) you underwent.

Next, get copies of your medical records and obtain a second opinion about the treatment. Follow up by taking the information to a medical malpractice attorney so you can discuss the specifics of your case.

Medical Errors Rank Third as a Leading Cause of Death

Did you realize that the three leading causes of death in the US are heart disease, cancer, and medical error? Therefore, you need to act quickly if you suspect negligence. Talk to a lawyer as soon as possible.

In fact, according to Harvard Health, medical errors are such a common occurrence that they lead to the loss of 200,000 to 400,000 lives annually. These errors result from diagnostic mistakes, poor decisions, system failures in clinical treatments, and miscommunication.

Moreover, the Harvard School for Public Health (HSPH) adds that medical mistakes number in the millions (43 million in 2013), so access to public health care is not enough. Medical providers should also ensure safer and more effective treatments.

Examples of Medical Errors that Lead to Malpractice Claims

Types of the medical errors that lead to claims include the following:

• Misdiagnosis or a diagnosis that is delayed
• The failure to treat a condition
• An error in giving a prescription
• Surgical mistakes
• Errors during childbirth

Misdiagnosis or a Diagnosis that is Delayed

If a doctor misses or delays a diagnosis, it can lead to problems with receiving the care a patient needs or may result in unnecessary therapies. When a doctor misdiagnoses a patient, he or she usually does not recognize certain physical signs or does not request further tests. This kind of mistake may result, as well, if the doctor does not refer the patient to a specialist.

Some mistakes happen because test or lab results are not labeled correctly, the test results are lost, or the technician conducting a test makes an error during the process.

Failure to Treat a Patient as Required

A failure to treat a patient may result if the doctor releases the patient from the hospital too soon or does not give them directions on their follow-up care. They may fail to order the proper medical tests or overcook a patient’s history when prescribing medicines.

Making Prescription Errors

If a doctor prescribes the wrong medicines or does not prescribe the correct dose, it can lead to a malpractice claim. Sometimes errors arise if the physician does not recognize possibly harmful drug interactions with the medicine they prescribe.

Mistakes Made During Surgery

Surgical errors may happen if the doctor performs a procedure at the wrong site on the body or performs a surgery on the wrong patient.

Errors may also occur if items, such as medical devices or gauze, are left inside a patient before suturing a site. The failure to follow best procedural practices before, during, or after surgery leads to malpractice claims as well.

Causing Injuries During Childbirth

Medical malpractice claims also arise if mistakes are made during childbirth. For example, if the doctor uses the forceps incorrectly,  the mistake can be devastating. If a C-section is not performed, when required, it can also trigger an injury or death.

Sometimes injuries or fatalities result when the umbilical cord gets wrapped around the infant’s nose, mouth, or neck. Mishandling an infant can also result in errors during delivery.

Who to Contact for Legal Help Now

Given that negligence and medical mistakes are not rare events, you need to contact a medical malpractice lawyer if you or a loved one has experienced medical negligence. Call the law firm of Jance M. Weberman in Los Angeles, a Professional Law Corp. at 213-386-9100  today.

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Prepare to Interview an Attorney

There are many lawyers that claim to have the skills to take a medical malpractice case, but you want to take time to interview lawyers so you can be sure you get the right one for you. Prepare to ask plenty of questions when you talk to a lawyer so you can find out what their experience is like, how they handle a case like yours, and what their success rate is in getting settlements or judgments in favor of their clients. After your interviews, you can narrow things down to help you find the lawyer you need.

An Attorney You Have Confidence In

While the skills of your medical malpractice attorney in Los Angeles are critical, you also need to have confidence in the lawyer you are working with. Your attorney will be standing up in court and in negotiations on your behalf, so you want this person to have your complete trust and faith. You need to know they have your best interests in mind with each decision they make, and that they will work diligently and reliably on your case.

Calling a Malpractice Attorney in Los Angeles to Get Quality Advice

To get a quality medical malpractice attorney in Los Angeles that will work tirelessly for you, reach out to the law office of Jance M. Weberman. Mr. Weberman understands how important it is that you get justice for the inappropriate care you received. He will work hard for you to make sure you get legal recourse for their actions. Contact our office today at 213-386-9100 to make an appointment to discuss your situation with us.

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Knowing the Malpractice Laws and Limitations

When you first go to talk to a lawyer about your case, it is important that you select a lawyer that has experience with medical malpractice cases. Malpractice situations have a statute of limitations attached to them, so you only have a certain amount of time to do anything about your case. Your attorney needs to be familiar with the malpractice laws in California and know what you may need to do to file your case and get things started so that you do not miss any important deadlines.

An Attorney to Fight for You

Your medical malpractice attorney in Los Angeles must be someone that is not reluctant to stand up and right for your rights. You need a lawyer that will aggressively defend your case, standing up to insurance companies, doctors, medical facilities, and other lawyers to make sure you get the best representation possible. You want a lawyer that fights for punitive and compensatory damages for you so that you can get the judgment or settlement that best serves your needs.

Discuss Your Malpractice Case

Talking about your case with an experienced medical malpractice attorney in Los Angeles can help you a great deal, and here at the law office of Jance M. Weberman, we can provide you with the attorney that can help guide and advise you properly. If you want to send us an email, please fill in the contact form with your details and your message so we can get back to you . Call us at 213-386-9100 so you can arrange to meet with Mr. Weberman and discuss your case so you can move forward and seek legal recourse for the harm caused to you and your family.

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A Misdiagnosis Can Lead to Malpractice

Getting the proper diagnosis from a doctor is of paramount importance to you. When a misdiagnosis occurs, it can cause you to miss getting treatment that can be potentially lifesaving. A misdiagnosis is a common form of negligence and having a lawyer on your side to help show that if the doctor or facility had followed proper medical procedures and practices, the misdiagnosis would never have occurred. When a doctor fails to follow the guidelines that are well established in the medical community, it can lead to a strong case of malpractice.

An Attorney Protecting Your Medical Rights

Hiring a medical malpractice attorney in Los Angeles can help protect the rights of you and your family during this difficult time. An improper diagnosis can have dire consequences for you and your family, and you may be entitled to damages to cover the trauma caused by the error. Your lawyer will help to protect your rights as a patient and work to get you a settlement or judgment that provides you with the money you may need now for long-term medical care, surgeries to correct any problems or money to help compensate for a disability or time lost at work.

Find an Expert Attorney

Medical malpractice cases are often detailed and complex, and you want to have an expert medical malpractice attorney in Los Angeles on your side who can help you get the best results possible. Here at the law office of Jance M. Weberman, you can get the expert you need on your side. Mr. Weberman has an extensive legal background and has represented many individuals like yourself in malpractice cases. To set up a meeting to discuss your case with Mr. Weberman, please call our office at 213-386-9100 for assistance.

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An Attorney to Protect Your Rights

As a patient, you have a certain level of expectation regarding the care you receive from a doctor or medical facility. When the care you get falls below the standard or careless mistakes are made, you have a right to legal recourse to p[rovide you for compensation for damages that may have occurred to you to cover your medical costs now and in the future, any pain and suffering you may have experienced, and compensation for the consequences of your treatment. You want to hire the right attorney to represent you so your lawyer can help make sure your rights are protected properly throughout your case.

An Attorney That Knows the Malpractice Laws

You want to make sure that the medical malpractice attorney in Los Angeles that you select is someone that has extensive experience in cases of this nature. You need someone that has a clear understanding of the current malpractice laws in California so that you get the best advice and guidance possible in your case. Talk to the lawyers you are considering and ask about their experience and track record in cases like yours so you can choose someone you feel comfortable with.

The Malpractice Attorney for You

If you need a medical malpractice attorney in Los Angeles to represent you or a family member, please contact us at the law offices of Jance M. Weberman. Mr. Weberman is an experienced attorney that will represent you vigorously in your case to make sure you get the compensation entitled to you. To arrange for a consultation regarding your case, please call our office at 213-386- 9100, so we can begin to work with you and provide you with the support and representation you require.

The post It is Important to Find a Good Medical Malpractice Attorney in Los Angeles appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Don’t Jump to a Decision

In medical malpractice cases there has been some type injury that has occurred to your health or the health of a loved one that has altered your life. This can be a very stressful and emotional time for you and while your immediate thoughts may not be to look for a lawyer and are more towards concerns about health, there will be a point where you realize that injuries could have been prevented if there had not been some type of medical negligence involved. As tempting as it might be to call the first lawyer you see advertised on television or that appears in an Internet search, you want to be sure you decide on a lawyer that has practical experience in cases like yours so they know the laws and what they face.

A Lawyer That Really Listens

A good medical malpractice attorney in Los Angeles is not going to be one that simply says yes to your case because they see potential monetary gains at the end. Not all cases where some type of treatment was unsuccessful qualify as a medical malpractice suit. You want a lawyer that is going to take the time to listen to your case fully and discuss it with so you can understand clearly what your best options are.

The Law Firm to Call

If you have questions or concerns and are considering hiring a medical malpractice attorney in Los Angeles, please take the time to call our firm at the Law Offices of Jance Weberman at 213-386-9100. Our attorneys will arrange a confidential consultation with you to discuss your case so you can move forward and get the representation you need.

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Ask About Experience

You want to know that whoever you choose to represent you has real experience in dealing with malpractice cases like yours. There are lots of lawyers available to hire today, but not all with have the insight and knowledge of the malpractice laws that will lead to a clear understanding of your case and if you have standing to move ahead. You also want your lawyer to have a thorough knowledge of medical treatment so that they can see what you have gone through and if malpractice or negligence exists.

Ask about Going to Court

While it may seem silly to you at first, this is a question you want to ask any lawyer you are considering. Many lawyers today seek to settle lawsuits out of court as often as possible to avoid going to trial. While this can be a good thing, you want to know your lawyer is willing to fight hard for what is right for you and willing to go to court to protect your rights and get you the judgement you deserve.

Ask About Fees

Naturally, it is going to be important to you to learn how much it will cost you for representation. Ask the lawyer what the costs and fees are, when payment is due and the like so you can determine what you will have to pay for your case.

The more questions you can ask a lawyer you are considering will give you better insight into whether this person is the right one to represent you or not. Choose a lawyer that confidently and ably answers all of your questions so you feel comfortable moving forward.

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Medical malpractice in America is considered to be any act or omission by health care providers which cause medical care to fall below accepted standards of practice. In cases of medical malpractice, the negligence of the health care professional can result in serious to patients, and may make their health conditions worse. In one month in 2008, it was estimated that medical malpractice cost hospitals around $324 million. Nearly 20,000 lawsuits are filed each year, all seeking compensation after they were damaged by medical malpractice.

What it takes to have medical malpractice

In order to make a claim for medical malpractice, it is necessary to show that the doctor was aware of the steps that they should have taken with the condition, and decided not to follow those steps, without a valid medical reason. The person making the claim has to establish that there was a duty of care which was owed to the patient; that the duty was breached by the health care provider; that the direct consequence of that breach was injury to the patient. In addition, it is also standard to expect the claimant to prove that the breach was a significant deviation from the expected standard of care, and the professional behaved in a way which is contrary to that standard. Many people find that they have to employ a Medical Malpractice Lawyer in Los Angeles in order to prove the claim, and get the compensation that they deserve.

Understanding medical malpractice

The first thing that patients need to understand is that medical malpractice doesn’t occur every time that a professional fails to treat a patient. For example, treating a patient because the professional believes that they have a particular condition before proving that this condition in fact is not what the patient has is not medical malpractice. It would only be malpractice if the doctor persisted in treating the patient for the first condition, despite knowing that such treatment wasn’t necessary.

How a lawyer can help

Another important lesson that patients should learn is that medical malpractice lawyers are specially trained to handle medical cases, and can understand doctor’s terms and references. This can help them to decide whether the patient does have a case for medical malpractice, and how much they should seek in terms of compensation. By putting their case in the hands of lawyers, patients can help to make their case more solid.

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