Anyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle, or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible.

As consumers, we trust that the products we purchase meet certain standards for safety. We also have to trust that the products used or prescribed by our physicians or made available to purchase are safe and free defects or flaws that could inflict injury, illness, or death.
If you have sustained injuries because of a product defect or recalled drug, you may have a product liability claim.

Brent Cordell

Attorney at Law

1 844 - 8LEGAL8 (1 844 853-4258)

Medical Malpractice


 
It is unfortunate that people are injured when receiving health care, but you should not expect to endure a life of pain and suffering because of someone else's oversight or negligence.

Studies have shown that patients that have been harmed in medical procedures rarely sue for damages. According to a study by Harvard, only one in every eight instances of medical negligence actually has a claim brought against the medical professional or care facility responsible.

Medical malpractice is an oversight or omission in medical treatment that results in injury or harm to the patient. Every year thousands of Americans are victims of medical mistakes due to wrong diagnosis, hospital negligence or prescription errors and the consequences to the patients and their families can be devastating.

Other studies show that relatively few doctors are responsible for most of the medical malpractice claims. In a study conducted by the West Virginia Gazette, 40 doctors were responsible for over 25% of all medical malpractice cases in that state.
There are many types of malpractice cases that can be brought against physicians, hospitals, and medical personnel. The following are a few examples of common hospital errors that can result in a medical malpractice case:

  • Birth Injury: The birth of a child is supposed to be a happy occasion but medical malpractice claims are often filed for the birth injuries associated with medical negligence: cerebral palsy, Erb's palsy, and brain damage.
  • Cerebral Palsy: Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems associated with labor.
  • Failure to Diagnose: A physician can be held accountable if a patient is treated for a disease he or she doesn't have and the treatment caused injury, or if the doctor fails to diagnose serious problems such as cancer or appendicitis.
  • Breast Cancer A medical malpractice case can be brought against physicians for failing to diagnose breast cancer in a timely manner. The top three reasons doctors fail to diagnose breast cancer are 1) they rely too heavily on a patient's age as a predictor, 2) they rely too heavily on negative mammogram results (even if the patient feels a lump), or 3) they do not believe a patient when she reports symptoms.
  • Lung Cancer Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer, especially after chest x-rays or CT scan are performed.
  • Medication Errors: A medical malpractice case can be brought against physicians or a hospital for medication errors when handwritten prescriptions are illegible, when abbreviations are used on the prescription, or when two drugs with similar spellings are confused. It is estimated that medication errors occur at a rate of 30,000 to 180,000 per year.
  • Wrongful Death: Medical malpractice claims can be brought against physicians when a patient dies as a result of medical negligence or hospital errors. Wrongful death lawsuits are filed in an attempt to defray medical costs for the family of the victim. In addition, damages for lost wages, pain and suffering, and loss of companionship may be awarded.
  • Nursing Home Abuse: A medical malpractice case can be brought against people who are paid to provide care for elderly people in nursing homes but instead inflict physical, psychological, emotional or financial abuse, or are guilty of neglect.
  • Defective Drugs or Products: An individual suffering injuries caused by a defective drug or product may be entitled to damages from the hospital, doctor, manufacturer, or distributor. If the victim was not warned about the dangers of the product or if the product does not meet safety standards a medical malpractice case can be filed.

Once medical malpractice has been proven, it is necessary to show that the damage has been caused as a result of negligence. This may be difficult because the patient was already ill when the negligent treatment started. Typically, the medical malpractice lawyer will show the natural progression of the underlying condition and what the outcome would have been if the patient received proper treatment to establish what a difference the negligence made. The best thing to do if you suspect that you or a loved one has suffered negligence at the hands of a medical professional is to consult with a medical malpractice lawyer right away.

Nobody plans for errors in their medical procedures, but the reality is that they happen and you should not be left out in the cold if they do. They can lead to health complications, loss of quality of life, staggering medical bills, even long term care and you should not have to bear this burden by yourself. Brent M. Cordell is a qualified and experienced attorney can help you receive the compensation you deserve for your injuries or loss.

 

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