Articles Posted in Medical Malpractice

There’s a good chance you or someone you know has faced cancer at some point. For most patients, the cancer is treatable, thanks to new advances in treatment and technology. Unfortunately, there will be about 600,000 deaths associated with cancer this year, according to the American Cancer Society. Some treatments simply aren’t aggressive or effective enough to eliminate cancer cells, regardless of their cause.

Some doctors may avoid certain treatments because they may be experimental or dangerous. Because some patients don’t fully understand their sickness and their options, they don’t ask about these other kinds of treatment options. Further, many patients didn’t fully understand the full nature of their terminal illness. In a recent study published in the The Journal of Clinical Oncology, only 5 percent of all terminal cancer patients completely understood their diagnosis.

How the Study Was Conducted

Children rely on adults for so many things. They look to us to keep them safe, prevent hurt feelings and even cure them when they are ill. Because they are not old enough to speak up for themselves, it is important that you understand how to prevent medication errors in little ones.

1. Provide Information

Every medical professional that your child sees should know what medication they are currently on or have been on. This is easier done if you keep a type of medical journal for your child. Write down any visits they have had, medications they have taken and allergies you have discovered. Share this information with all of the medical providers that see your child.

The National Institutes of Health recently discovered that of people aged 65 or older, 40% take five or more prescription medications daily. At least 90% of this age group takes one prescription. In the same study, the NIH determined that at least 55% of seniors take their medication incorrectly. Here are the most common medication errors among seniors.

1. Overdosing

Overdoses are the top cause of medication fatalities among seniors. Those drugs that have abuse potential are the most likely to be misused. Examples of these include Percocet, Xanax and Adderall.

In many cases, medical malpractice is obvious. A doctor fails to diagnose a patient, a medical professional prescribes the wrong medication, or a surgeon leaves something in your body during a procedure. In other cases, medical malpractice is not so clear cut. Instances of medical abandonment, for example, are much more subtle.

Exactly what is medical abandonment? In plain English, medical abandonment occurs when a doctor or other medical professional ends the doctor/patient relationship. Further, the relationship is ended when the patient still needs care and the doctor ending the relationship has not made provisions for that continuing care. When a patient needs care, medical professionals are required to provide it or make arrangements for the person to be cared for.

Here are some examples of medical abandonment:

The health of our families is sacred. Most of us would do anything we could to protect the health and well being of our loved ones. When a medical professional is negligent in their duties, causing injury to ourselves or the people we love, we want to seek compensation. For many, a court case is the answer. For some, a court case is a losing battle. Here are five things to consider before you decide to file suit.

1. Cost

Take a case to court is expensive, especially when you consider that there is no guarantee that you will win. The court is a disinterested third party. They do not care about your family the way that you do, and they will impartially consider only the facts.

Psychiatric negligence is a unique form of medical malpractice. Patients may see their complaints go unreported. At Bottar Law, we are here to make sure that patients and their families are not only heard, but that they get any compensation they are due. Here’s what you need to know.

Malpractice Claims

The most typical psychiatric medical malpractice claims include:

You know your body. You know your moles. You also know when a mole suddenly appears or an old mole changes shape. These are both indicators that you should see your physician or a dermatologist sooner rather than later. Instances of skin cancer are on the rise and, left untreated, can be deadly.

If you are like thousands of patients in the United States, you make an appointment with your doctor. You are asked to put on a gown and the doctor begins a visual screening of your skin. They are looking for “suspicious” growths or abnormalities. Unfortunately, visual screenings may not be adequate despite how frequently doctors rely on them.

According to the U.S Preventative Services Task Force, there is little benefit to visual cancer screenings. This is especially true for adults and any patients who are not showing symptoms of cancer. There is no evidence that suggests that these types of screenings have any effect on the rate of death in patients with various types of skin cancer.

Your heart is pounding, your skin is clammy and you can’t take a deep breath. You head to the emergency room, certain that something is wrong. You are seen by a medical professional who diagnoses you as having had experienced a panic attack or as suffering with anxiety. But could they be wrong?

Many people who suffer with anxiety have similar symptoms to those who are suffering with heart disease. In some cases, the two issues may be related, and medical professionals may not stop to consider a heart condition in the face of what is clearly anxiety. Similarly, doctors may completely misdiagnose a person as having anxiety when the real issue lies within the heart.

Heart disease and anxiety often have similar symptoms. This is what makes proper diagnosis difficult. Symptoms of both conditions include chest discomfort, fatigue, shortness of breath and palpitations. When someone experiencing these symptoms seeks medical care and does not have a familial history of heart problems, the diagnosis may be anxiety. And it may be incorrect.

There are thousands of babies born across the country every day. In most cases, babies are born healthy and without incident. In some unfortunate cases, babies are born with birth injuries that can have lifelong consequences for the child and their families. Not all of these injuries result in lawsuits. Here’s how to know when a birth injury leads to legal action.

Standard of Care

Not all birth injuries are related to negligence on the part of medical professionals. To prove medical malpractice, it is necessary to establish a medical standard of care. In other words, the parents would have to show that a similarly-skilled medical provider would have performed the same under similar circumstances. To even file a lawsuit, that standard of care must have been breached.

Many patients believe that antibiotics are the cure for all. This misconception may be due, in part, to the rate at which they are frequently prescribed. In a recent study, researchers found that antibiotics were prescribed in millions of cases for which they were not indicated. Whether or not this could be considered a form of medical malpractice is up to the courts to decide. Is a doctor considered negligent if they hand out a prescription for amoxicillin when it isn’t indicated even though amoxicillin is not considered dangerous? Maybe.

While antibiotics are not inherently dangerous, they are being prescribed at such a rate that diseases are becoming resistant to them. This resistance is now being considered one of the biggest health threats of our time. Here’s what you need to know to protect yourself.

They Don’t Fight It All