Archive for February, 2009
Unusual Forms of Medical Malpractice
There are a few forms of medical malpractice that you may not have heard about, but many lawyers have, as they have either represented a victim of medical malpractice or defended a person accused of medical malpractice.
In most instances when someone says medical malpractice, people automatically think about doctors misdiagnosing something, handing out the wrong kind of prescription or even removing the wrong organ during surgery. While these are examples of medical malpractice, they are really just the tip of the iceberg when it comes to the various types of med mal.
Med mal comes in various forms and while most of the cases are pretty obvious, others need close scrutiny. The three areas that often get overlooked completely are birth injury, medication errors and dental negligence.
Unfortunately birth trauma/injuries are quite common and cause the most anxiety to the parents. Many parents don’t realize what went wrong or if they do, they don’t realize it may have been the fault of the attending physician. Most don’t say anything, and certainly don’t seek legal counsel to file a birth injury lawsuit.
Birth injuries are often the result of the fetus being harmed while being delivered; for instance, as the result of a McRobert’s maneuver to assist a child whose shoulder is impacted on the mother’s pelvis. Some of the injuries that may arise during this method of delivery are facial injuries, brachial plexus injury, and Erb’s palsy.
Statistics show that roughly 6 injuries happen each year in the U.S. out of every 1,000 live births. These stats also cover other injuries such as the baby slipping out of the doctor’s grip (or other health care practitioner) or falling out of a bassinet at the hospital. Other well-known personal injuries are an improperly performed cesarean section and an improper response to fetal distress. Med mal in these instances has the potential to mean lifelong permanent injury or illness for the child.
If you suspect your are the victim of med mal birth injury, don’t wait until it is too late to contact an experienced litigator; one who will ensure you receive an award that will cover your child’s medical bills.
Another little known, or mentioned, category of med mal is dental malpractice. This happens when a dentist or oral surgeon doesn’t offer the proper standard of care and the end result causes injuries to a patient. Dental negligence may include unnecessary/improper treatments, improper use of dental instruments, nerve damage as a result of an improperly given injection, or the failure to diagnose gum disease. In many cases, what started out as a routine visit ended up being an unwelcome root canal procedure.
A great many people don’t think to report what may be med mal on the part of the dentist because they feel things “just happened.” Never hesitate to call a med mal lawyer about situations such as this, as you may have a good med mal claim. Your lawyer will assess your case and advise you.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Dental Med Mal Not Common
Dental medical negligence, while not common, is certainly an area open for litigation.
It’s a routine visit to the dentist, you have been there before, he’s a good dentist, and you’ve have no problems with his work. This visit is about starting a root canal and that means the administration of the mandibular block – the needle filled with freezing that is inserted through this tiny little hole at the back of your mouth, nestled in between the upper and lower jaw. Talk about needing a good, steady hand to hit that mark and not rupture any blood vessels in the process.
The shot is done, you are lying back in the chair in a reclined position and suddenly WHAMMO, you feel like you are about to pass out. You are sweating, panting, filled with fear and your heart is racing madly. You call out to the dentist and they rush to your side to sit you up and try to figure out what went wrong. You eventually get taken to the hospital for what turns out to be a drug interaction between the freezing and an antihistamine taken first thing that morning.
Is this case one for the courts? Good question, and definitely one that you need to be asking a qualified med mal attorney. In this example, no one was killed, however there have been cases of death due to the improper use of anesthetic, severe injuries sustained as a result of dental surgery and failure of the dentist to notice oral cancer, etc.
While these cases are not all that easy to litigate, a highly experienced dental negligence attorney will be able to take a case to court and get a settlement. Be aware that in most dental negligence lawsuits the damage awards tend to be smaller.
At the root of the case, your lawyer will be representing you on is the premise that the patient (you) had the reasonable expectation to get professional care, accurate diagnosis and the right treatment. You also have the right to expect due care and attention when it comes to administering freezing.
If you have any doubts about a trip to the dentist that resulted in some serious injuries you are struggling with, make your first call to a highly competent med mal attorney who will assess your case and advise you how to proceed.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Distressing Wrongful Death Suits
Many people do not have a good idea of what the concept of wrongful death means. “In 25 words or less, it means a death due to the recklessness, negligence or inaction of another person/organization,” explained Arkansas super lawyer Michael G. Smith of Little Rock.
Statistically speaking, the usual cause of a wrongful death seems to be laid directly at the door of medical malpractice. However, if the statistics are broken down further, what they reveal is that the other leading causes of wrongful death are accidents in the workplace, car crashes and deaths due to defective products.
One thing to remember is that a wrongful death action is not a criminal case; it is settled in a civil court. This isn’t to say, however, that there may not be a prior criminal case as well, that was settled first. The people who are allowed to file wrongful death personal injury lawsuits are immediate family members. In most instances, the definition of immediate family member would include a spouse, children or parents. Minors need an adult guardian to act on their behalf.
The other thing the somewhat distinguishes a wrongful death suit from a criminal case is the damages being sought. Compensation in these cases is usually awarded for emotional distress, loss of income/inheritance, medical costs, funeral expenses, lost benefits and loss of companionship.
Every state has its own wrongful death statute and in general they all follow the same principle – of suing for compensation for a wrongful death; however, that is where the similarities end. Each state has it’s own unique approach to their statute and the only way you will know what your state requires to file a wrongful death lawsuit is to speak to a highly qualified attorney such as Little Rock personal injury lawyer Michael G. Smith.
Be aware that there are statutes of limitations that apply to filing wrongful death lawsuits in a timely manner. Do not wait or the deadline may be missed. This is why contacting a competent wrongful death attorney like Smith is one of the first things that should be done in the case of a wrongful death. “In many instances family members have between one and three years to file from the time of the victim’s death,” added Smith.
Once an attorney has been contacted, it is their job to prove the defendant caused the wrongful death due to their actions or inaction. This isn’t the only thing the lawyer needs to prove. S/he must also convince the court that the family is suffering and require adequate compensation for the death.
Contact Arkansas super lawyer Michael G. Smith of Little Rock if there has been a wrongful death in the family. Smith is an attorney with a reputation for being able to handle this kind of emotional upheaval with compassion and sensitivity.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Deadly Car Crash Side Impacts
Head on collisions are messy and usually fatal. Turns out side impacts have a similar reputation.
Car crashes seem to be a way of life in some jurisdictions and a very common site on the way to or from work. In many of these accidents, it’s evident the collision has come from the side. In fact, side impacts have the nasty reputation of being the cause of over 9,000 deaths a year across the U.S. This runs a close second with head on crashes.
The heartbreaker is that most of the side impact collisions (and head on collisions) could be prevented if people were paying attention to what they were doing. This is where the great debate about cell phone use in vehicles comes into play, and it’s not just the use of cell phones, it’s using a fax, listening to music with headphones, adjusting a radio while driving or even trying to watch TV on a mini dashboard set. Really, what are car manufacturers thinking?
Car wreck victims that survive are well served by contacting a highly trained and knowledgeable car crash attorney such as Arkansas super lawyer Michael G. Smith of Little Rock. “Whether it’s a minor side impact or not, it’s vitally important to launch a lawsuit quickly, as the outcome of the case depends on medical records dealing with the injuries sustained in the accident,” outlined Smith. The longer people wait, the connection between the accident and any injuries becomes more tenuous.
Every state also has statutes of limitations about filing in a timely manner and if an accident survivor waits too long, they may not be able to claim compensation for their losses. It is vitally important to speak with experienced legal counsel in order to expedite the case and ensure a damage award.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Fatal Drug Errors and the Elderly
When drug errors affect older Americans, they are more serious, as drugs affect them differently than younger people. Often a full dose for a younger person is too much for our elders.
Recent studies done across the nation are showing that over half of the residents in care homes are victims of prescription errors. These errors may be anything from uncomfortable side effects to death. Who is responsible for the medication errors? Typically, the people who cause medication errors are nursing home staff, pharmacists and other physicians treating the elderly.
The unfortunate thing when dealing with medication mess ups and the elderly is that even the smallest of goofs may end up being a royal disaster. It only takes one small error to set off a chain of cascading mistakes that may have deadly results.
The studies are showing that the reported mistakes are just the tip of the iceberg; and if you take into account the sheer size of the senior population these days, even the “small” proportion of reported screw-ups are likely representational of many, many more.
Most seniors that took part in the studies were taking, on average, as many as six to eight medications. The potential for drug interactions and reactions with that many drugs is staggering. In some of the cases studied, the family physician prescribed the wrong drug or didn’t consider how a new one would interfere or interact with an existing one. It’s a known fact that any more than three drugs on board can set a person up for a severe drug interaction problem.
Going from a nursing home care setting to the hospital is a situation fraught with all kinds of opportunities for mistakes. Many times the seniors don’t come in with enough information and many times they don’t leave hospital with enough information either. This is a two-way street where communication is essential, and it doesn’t seem to be happening.
Consider the disturbing story of a 90 year old D-Day vet whose prescription for morphine was faxed to a hospital. One of the decimal points was overlooked in the dosage. He died of a massive morphine overdose. Or consider the case of a 76 year old woman who was on 12 medications and hoarded them in her room, and no one thought to check to see if they were compatible or if she was actually taking them. She died of an overdose. There are many more cases that have made the nightly news, and will continue to find their way into the mainstream media. Our job is to “do” something to stop the mistakes.
Caring for the elderly is not easy due to the delicate equilibrium a physician must take to balance one drug and condition against another. It takes time, dedication and a lot of up-to-the-minute knowledge that many nursing home care doctors don’t always have or take the time to learn.
This isn’t to say that it’s acceptable to make mistakes. If there is negligence involved and proven, then medical malpractice moves from an abstract concept to a deadly reality.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
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