Malpractice Laws - Are They Destroying Patient & Doctor Communication?

Have you ever noticed that doctors, dentists, accountants, financial planners and other professionals are being so careful with what they say these days that you almost cannot get them to answer your questions?

Worse, they often do not answer your question with a straight answer. Do you know why this happens so often these days? Well, it's because they are fearful that they might lose their license or be sued for errors and omission, negligence or malpractice.
 
It appears that all the rules and regulations that have been put into place to protect the consumer, customer, client and/or patient are actually now harming them, due to the fact that communication is so aloof.
 
When you talk to a professional practitioner these days the clients and patients often feel as if they are asking a question of a politician during a live televised debate, as they will not answer your direct question, but instead give you all the pre-approved jargon.
 
Patients deserve more than a song and dance and when you have hired a professional you should be able to ask them questions without them worrying that you are going to sue them or misunderstand what they say and file a complaint with some government licensing board.  
 
When the doctors and professionals see their patients as potential adversaries, one can see that the communication has completely broken down and thus, the caring, empathy and service is out the window.
 
It is a disease that plagues our society and creates paranoia and fear between client and professional. This is why many say we need to relook at our malpractice laws in America. Please consider this.

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First, Do No Harm

The Hippocratic Oath is an oath taken by physicians that pertains to the ethical practice of medicine. It is believed that Hippocrates, the father of medicine, wrote the oath in fourth century B.C.. The oath was written in Greek but translated into English; it basically states that the first and foremost aspect of the ethical practice of medicine is to do the patient no harm.

Wikipedia defines medical malpractice as follows: "Professional negligence by act or omission by a health care provider in which care deviates from accepted standards of practice in the medical community and causes injury to the patient." Simply put, medical malpractice (often referred to as medical negligence) is care that is below the standard of what some other doctor would have provided under the same circumstances.

Medical errors can take many forms including:

o Surgical errors
o Birth injuries
o Anesthesia errors
o Emergency room errors
o Nursing home abuse and neglect
o Prescription errors

Proving Medical Malpractice

There are four elements that must be present in order to prove negligence in a medical malpractice claim:

o A duty was owed
o A duty was breached
o The breach caused injury
o Damages (without damages, there is no basis for a claim)

The fourth element, damages, may include compensatory damages (economic and non-economic) and punitive damages, which are typically only awarded in cases of wanton and reckless conduct. Economic compensatory damages include financial losses such as lost wages, medical expenses, and "life care" expenses (rehabilitation, home-care nurses, wheelchairs, etc). Economic compensatory damages can be assessed for future losses, also. Non-economic damages are assess for the injury itself such as loss of vision, loss of a limb, reduced enjoyment of life, severe pain and severe emotional distress.

If you or a family member has suffered or died due to a medical error, there is legal help available. An experienced medical malpractice attorney knows both the legal system and the medical system and can hire experts to analyze your case and then provide expert testimony later. Only an experienced medical malpractice attorney is able to interpret your medical records and apply the legal analysis necessary to know if you have a case or not.

Many medical malpractice attorneys work on a contingency basis, which means they do not charge a fee unless they win a monetary award for you.

If you live in the Dallas area or a surrounding area of Texas including Ellis County, please visit the website of medical malpractice attorneys Polewski & Associates today. We have represented medical malpractice victims for decades and have the knowledge and experience necessary to get you and your family the justice and compensation you deserve.

Tips For Medical Malpractice Victims

What is medical negligence or medical malpractice? As a general rule of thumb, medical malpractice, which is also known as medical negligence, occurs when a health care provider causes injury or even death to a patient when he or she fails to act within the confines of standard medical care. Putting it another way, medical malpractice is committed by a doctor or other health care provider when he or she does not act reasonably and responsibly, and this unreasonable conduct causes harm to the patient.

What types are medical malpractice are there? Typically speaking, medical malpractice can commonly occur under the following circumstances:

• Birth injury
  
• Anesthesia malpractice
  
• Prognosis misdiagnosis
  
• Surgical negligence
  
• Contaminated blood
  
• Injury from prescription drugs/ Overdoses
  

Is medical malpractice common? Sadly to say, medical mistakes are common occurrences here in the United States. A report that was recently published by the Institute of Medicine stated that as many as 98,000 people die every year in the hospitals in American due to medical mistakes. Therefore, in our country medical mistakes compose the 8th leading cause of death. Injuries occur to over 1.3 million people a year which involve medication errors.

What should you do if you think your injuries may have been caused by medical malpractice? Certainly not all medical mistakes constitute malpractice. However, if you or if a loved one has suffered a serious injury which is unexpected or has even died, then you should definitely question whether that death or injury was the result of medical negligence or medical malpractice. You not only owe it to yourself but to your family members to know the truth and hold the health care provider accountable for the harm that has been caused. Millions of dollars could be at stake.

What should you do if you have been victimized by medical malpractice? You may find that you are experiencing pain and suffering as well as severe financial hardships. There is no need to go through this difficult time by yourself. You as the patient should not be required to pay for the mistakes of your doctor or his or her negligence. It is important for you to locate and contact an experienced lawyer who will be able to protect your rights as well as get you the compensation you deserve.

What else can be done other than sue for malpractice? The first step involves informing the health care provider who performed the service. He or she may not be aware that there was a problem. You will find that the majority of doctors and pharmacists are honest people, and they will take the necessary action to correct a mistake. Another step that can be taken is to contact licensing authorities or state regulatory boards so that they can review the case in question and take disciplinary action if necessary. Penalties, fines and the revocation or suspension of a license can be meted out by state agencies and organizations.

You need to understand that even if you file a medical malpractice suit and win it, that will still not un-do the damage that was caused by the negligent actions. But it can ease the financial hardship that you may be enduring as a result of that negligence, as well as helping others to not fall victim to this by having a doctor's license suspended or revoked because he or she is not doing their job properly.

For more insights and additional information about Medical Malpractice please visit our web site at http://www.malpracticeinfonow.com

NY MEDICAL MALPRACTICE-Shoulder Burn From Wrist Surgery

www.oginski-law.com Learn how a patient went for a "simple" surgery on the wrist, and returned with a third-degree burn on his shoulder. Find out from Gerry Oginski, an experienced NY medical malpractice lawyer, what has happened. For more information, go to www.oginski-law.com Gerry in person or by phone at 516-487-8207.



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