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Common Medical Malpractice Questions

The laws and procedures surrounding Medical Malpractice can seem daunting if you aren’t familiar with the specifics. We’ve compiled some of the most common questions asked regarding Medical Malpractice to help you better understand what is it and what it involves. Q: What is the statute of limitations on Medical Malpractice cases? A: In general, the statute of limitations for Medical Malpractice cases is two years. However, that can sometimes be open for interpretation. You have two years to file from the time the incident occurred, or from when a family member, loved one, or guardian should have realized the issue. The later part of that statement is what is open-ended. A reasonable argument needs to be made to justify any delays in realization of a potential health issue. Q: What qualifies as Medical Malpractice? A: Medical Malpractice can be broadly defined as any time in which an injury results from a medical professional failing to adhere to the medical community standards of care. Wrongful death, medication errors, birth injuries, misdiagnosis, surgical errors, and negligence are some examples of Medical Malpractice. If you still have questions about whether what you or a loved one are experiencing qualifies as malpractice, please contact us. Q: What is the difference between Malpractice and Negligence? A: There are several types of Negligence; Malpractice is a type of negligence that involves a licensed professional. As such, Medical Malpractice is the negligence of a licensed medical professional- including doctors, nurses, and technicians- that is caused by carelessness. If a medical malpractice injury is found to be due to intentional harm, it can become classified as...

What is Medical Malpractice?

Medical malpractice refers to negligence by a healthcare provider or professional in which treatment that was provided was substandard, and resulted in harm, injury, or death to a patient. The medical malpractice or negligence typically involves a medical error, either in diagnosis of a patient, medical dosage, health management, treatment, or aftercare. The medical malpractice law is a way to provide patients with proper compensation from harms that may have resulted from sub-standard treatment from a medical professional. Below are some common questions and answers regarding medical malpractice lawsuits:  Is Medical Malpractice Common? Unfortunately, medical malpractice is very prevalent in today’s society; diagnosis errors alone cause up to 160,000 deaths annually in the U.S. According to Johns Hopkins researchers, as reported in BMJ Quality and Safety, diagnostic errors are the most dangerous and expensive mistakes American doctors make, estimated to cause between 80,000-160,000 deaths every year. According to Health Affairs, nearly one in every three that is hospitalized in the U.S. is susceptible to encountering a hospital error. What Are Some Hospital Errors to Look Out For? Providing a patient the wrong dosage of medicine Giving a patient the wrong medication Leaving things inside a patient’s body following surgery Misdiagnosis Staph infections Pressure ulcers (bedsores) What Characteristics Should My Claim Have in Order for Malpractice to be considered? Failure to provide proper care Injury resulting from consequence of negligence Very damaging consequences due to injury What are the Elements in a Malpractice Case? The Plaintiff – this is the patient, or a legally designated person who acts on the patient’s behalf The Defendant – this is the party that...

Prescription Medication Safety Precautions

Most Americans take a prescription medication of some kind every day. Whether it is treatment for a chronic condition or a short round of antibiotics, it’s important to follow common safety precautions so your medication provides you with all of the health benefits that it should. 1. OTC Medications Matter Often times when our doctors are getting our medical history and current medications, we leave out supplements or vitamins. Always remember to tell you doctor about any kind of supplementation you include in your daily routine because even other the counter medication can interfere with prescription medication. 2. Follow the Doctor’s Orders Make sure to pay attention to any special instructions your doctor gives you while going over your treatment plan. These instructions are usually included on the bottle or vial of your medication as well, but listening to your doctor’s instructions will enable to you get clarification on anything you’re unsure about. 3. Stick to the Recommended Dosage Unless specifically instructed to, never change the dosage of your medication. This includes taking more than the prescribed amount at a time and taking less. Unless advised to do so, never split your prescription pills in half, crush them, or otherwise tamper with them. Medication is in the form that fits its purpose best; altering this could alter the effects. The prescription strength is calculated based on your weight so make sure to keep your doses consistent and as instructed.   4. Take Your Full Course If you’re prescribed medication by your doctor, take it for the recommended amount of time. Stopping medication early, especially without prior approval from your...