Showing posts with label Malpractice?. Show all posts
Showing posts with label Malpractice?. Show all posts

Friday, July 30, 2010

What Diseases Are Typically Associated With Medical Malpractice?

Medical malpractice attorneys work with individuals who are injured due to negligence, misdiagnosis, and the like, on the part of a doctor or other medical professional. Though these lawsuits allege circumstances resulting in personal injuries to the patient, it's important to note that not all errors on the part of medical professionals and misdiagnosis result in malpractice cases. The lack of a desired outcome in medical care is essentially an intrinsic factor in the practice of medicine. However, malpractice attorneys become involved when:

The patient believes he or she has suffered significant injury.
The facility or medical practitioner did not provide medical care to the patient within the standard of care expected from a professional.
The negligence, lack of care, or medical mistake directly resulted in harm or injury to the patient.

The top five diseases that result in patients obtaining monetary compensation for malpractice suits are:


  • Breast Cancer

  • Lung Cancer

  • Colon Cancer/Rectal Cancer

  • Heart Attacks

  • Appendicitis

Often times, the allegations in a medical malpractice case are from misdiagnosis, delayed diagnosis, or failure to promptly perform diagnostic testing. The delay of diagnosis or testing can result in the patient's complications worsening and sometimes death. Because the end result of a misdiagnosis of breast cancer, lung cancer, colon/rectal cancer, heart attacks, and appendicitis is so severe, resulting legal cases occur and large monetary settlements can be reached.

Breast Cancer: Most cases regarding the misdiagnosis of breast cancer result from medical misdiagnosis or delayed diagnosis. In many cases, the severity of the breast lump or symptom are not accounted for or perhaps underestimated. Often times, cancerous tissue is seen as benign or part of a fibrocystic condition, as this is far more typical then breast cancer. If a doctor or medical professional misdiagnoses breast cancer, the condition may worsen over time and become increasingly difficult to cure.

Lung Cancer: Lung cancer is similar to breast cancer in that if misdiagnosed or given a delayed diagnosis, it can become difficult to treat and sometimes result in patient death.

Colon Cancer/Rectal Cancer: Typical colon cancer cases result from misdiagnosis or delayed diagnosis, resulting in a poorer patient outcome. In cases of colon cancer/rectal cancer misdiagnosis, diagnostic methods either do not discover cancer or do but fail to diagnose or report the cases. Sometimes cases may go unnoticed, often assumed to be IBS or "Irritable Bowel Syndrome".

Heart Attacks: Despite their frequency, heart attacks can be misdiagnosed by medical providers and assumed to be heartburn, acid reflux, or stomach pain. Often times, a misdiagnosis can result from less common circumstances: if a patient isn't experiencing intense chest pain or they're female and younger, the heart attack will go unnoticed. The delayed diagnosis can result in severe consequences to the patient's health.

Appendicitis: Appendicitis is particularly difficult to diagnose in the emergency room because there are many other factors that cause abdominal pain. If overlooked, the consequences can be severe. Often time infants or very young children suffer from appendicitis and then suffer tragic outcomes because they are not diagnosed.




Erica Ronchetti is a free lancer writer & editor."What Diseases Are Typically Associated With Medical Malpractice?" defines that Malpractice Attorneys play a role in helping patients obtain fair compensation for their medical malpractice injuries or losses.Learn more information by visiting our website and what Kreithen, Baron, and Carpey Malpractice Attorneys can do for you.

Monday, March 8, 2010

Doctor Not Board Certified - Is He More Likely to Commit Malpractice?

The answer is "No."

There are plenty of board 'eligible' doctors that are excellent at what they do.
There are plenty of board certified doctors that are excellent at what they do.

On the other hand, there are a handful of doctors who are board eligible and doctors who are board certified who may be 'educationally challenged'.

Just because a doctor is not board certified does not, by itself, mean that something was done wrong if you suffered harm by a doctor or hospital.

Board certification is the highest certification a doctor can achieve in their specialty. It means they have the basic foundation for their specialty and have obtained all the pre-requisites needed in order to sit for and take the national exam. In most specialty board exams, there is usually a written part and an oral component as well.

Many doctors who have finished their residency training are required to wait two years in order to accumulate enough experience in order to sit for their oral exams.

A doctor who has taken their board examination and fails, remains 'board eligible' and can retake the exams at a later date. When a doctor has taken the exam multiple times and has been unable to successfully pass the exam, that information may raise a red flag to an attorney who represents an injured victim while under this doctor's care.

To answer the question raised in the title:

The fact that a doctor is board eligible and is not board certified does not mean, in and of itself, that the doctor is deficient or departed from good medical care. A detailed review of the facts might confirm that the physician did not have the knowledge necessary to properly treat a particular patient. That is why each case is different and requires a full and thorough evaluation of the patient's records. In New York, we are also required to have a medical expert confirm that (1) there was wrongdoing; (2) that the wrongdoing caused injury; and (3) that the injury is significant and/or permanent.




Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney. His video blog can be found at http://nymedicalmalpracticevideoblog.com where he offers free educational video tips to explain how lawsuits work in New York. You are encouraged to explore Gerry's popular website, http://www.oginski-law.com. Read his free special reports & books on malpractice and accident law. We have over 250 FAQs to the most interesting legal questions. For more information, call him personally at 516-487-8207.

Friday, January 29, 2010

Personal Injury - Don't Be A Victim Of Malpractice?

It is estimated that medical mistakes are the third leading cause of death in the United States. Medical errors and incompetence can cause personal injury which can incapacitate or even kill patients. The number of wrongful death and personal injury lawsuits being filed against physicians is rising every year. Now more than ever before, it's essential to know your rights when dealing with medical malpractice.

Are you a victim of malpractice? Medical malpractice is defined as a doctor's negligence or failure to perform at accepted stardard levels, and if you sustained injury or someone died as a result you very well may have a valid claim. Sometimes it is next to impossible to prove that the doctor in question did not stay within the required standard guidelines. That is why it is very important to know all the facts and be aware of the procedures involved before even thinking about proceeding with a malpractice action.

If you believe that your personal injury was due to the negligence or incompetence of a doctor or other medical professional, you have the ability to seek reparations equal to the extent of the injury sustained. A good place to start is by finding a personal injury lawyer who specializes in the type of injury that you or your loved one suffered. A search through your local yellow pages should yield many resources for your search. Or look online for personal injury resources. Since this is such an important area of specialization you will find many resources to help you decide how to proceed.

Secondly, it's important to document everything. Keep all medical records, write down all conversations with the health care provider in question, and try to obtain as much information as possible. If you mention that you are thinking of filing a lawsuit, the doctor may not legally be able to discuss the situation with you any further. Don't be dishonest about your intentions, but it won't help you to threaten the health care provider or tell them that you are going to sue them for all they are worth.

Utilizing an expert witness is strongly advised in the event that you make the decision to take your case to court. This is usually an impartial health care provider who is experienced in your type of situation, and an expert that can attest to the fact that your health care provider is at fault for your personal injury.

No one wants to think that they entrusted their life to an incompetent physician. If you do become a victim or malpractice, however, always remember that you have a legal right to compensation for any harm the doctor caused. The wise thing to do is to hire a reputable personal injury attorney who knows all the ropes and can help you file your claim against the negligent health care professional. Your personal injury attorney will also aggressively pursue your case in order to help you get the maximum monetary reward possible.




When looking for an injury attorney get as much information as possible before choosing. See Article marketing videos.