Medical Malpractice
What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. The prescribed standard of medical care may vary from state to state. Because Health care providers cannot guarantee the results of medical treatment, a patient's malpractice claim is not valid just because his or her treatment was not successful. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition. Each state has a law, known as the statute of limitations, which gives you a certain amount of time in which you can file a claim. The purpose of the statute is to ensure that a claim is made while information relevant to the case is still available. If you think that you are the victim of medical malpractice, you should consult an attorney who is knowledgeable in medical malpractice cases and do so as soon as you can so your claim may be made in time.
Misdiagnosis
Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, and laboratory technicians) to use reasonable care in treating a patient. The prescribed standard care that these medical providers owe their patients varies in different jurisdictions. However, the general rule is that they owe their patients the standard of care generally accepted by the medical profession with regard to the same or similar circumstances. Medical malpractice may include the failure of a medical provider to properly perform their duties including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Such negligence could result in serious injury to you. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. Statutes of limitation bar the filing of claims after a certain period of time has passed following the negligent act.
Pharmacist Malpractice
Pharmacist malpractice falls into the same category as medical malpractice, in the respect that if pharmacists and pharmacy technicians fail to treat the patient with a reasonable degree of skill and care, they are guilty of medical malpractice just the same as a doctor, nurse or other health care provider. If you receive the wrong medication for your condition or wrong combination of medications and suffer damage as a result, you may have a claim either against the doctor who prescribed the medication or the pharmacist who filled the prescription. Statutes of limitation bar legal action that does not begin within a certain amount of time after the negligent act. It is important to consult with an attorney familiar with medical malpractice law if you believe that you have suffered damage as the result of a wrong prescription.
Anesthesia Negligence
Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.
OB-GYN Malpractice
OB or obstetrics malpractice may include failure of the obstetrician to properly perform his or her duties including failure to perform the proper laboratory tests, including diagnosing RH negative patients, a blood test or amniocentesis which would diagnose possible defects in the fetus, all of which could cause injury or death to both the mother and the fetus. OB-GYN medical malpractice may include the failure of a gynecologist to properly perform his or her duties. These include IUD's-improper insertion and monitoring of IUD's may cause pregnancy complications or fertility problems; DISEASE-failure to diagnose a gynecological disease such as ovarian, cervical and breast cancer, endometriosis, pelvic inflammatory disease and many other diseases, may cause pregnancy complications or fertility problems. Both can be very serious and often become life threatening. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitation bar the filing of claims after a certain period of time following the negligent act. Consultation with an attorney experienced in medical malpractice law could help determine whether you have a claim.
Birth Defects or Injuries
Most births and deliveries are handled appropriately by medical care professionals. However, medical negligence can occur during pregnancy. Sometimes physicians may not diagnose or properly treat various conditions that arise during pregnancy. One such condition is known as placenta previa. This occurs if the placenta, which nourishes the fetus during pregnancy, attaches to the inside of the womb in such a fashion that prohibits the baby from being delivered properly. If it is not diagnosed, significant blood loss can occur. Such bleeding can cause damage to the fetus, or even death. It can also cause the mother to lose a dangerous amount of blood. Birth injuries can also occur if the delivery process is allowed to go on for too long a period of time despite signs and symptoms. In these cases, a cesarean section delivery may be required. If a cesarean section delivery is delayed, the child may be injured from lack of oxygen. Injury can occur if newborns are deprived of oxygen before, during, or after birth. The emotional and financial cost to a child who has been cared for or delivered by doctors who have committed negligence can be catastrophic. If you or your child has been injured during pregnancy, labor, or delivery, or if you have lost a child for an unknown reason, medical negligence may have played a role. If you believe that you or your baby has suffered injury due to negligence, consult with an attorney familiar with medical malpractice law.
Nuclear Medicine (CAT Scans and MRIs)
CAT (computer axial tomography) Scans and MRIs (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in cases of emergency where the diagnosis could mean life or death to a patient. Examples would be scans to detect internal bleeding injuries, spinal cord and brain injuries. In this instance the danger comes from failure to read the scans appropriately thereby causing an illness or injury to progress unheeded. But of course, with all malpractice cases, any claim will depend upon the standard of care that could be reasonably expected. You should contact an experienced attorney for more information or to help answer any questions you may have.
Time Limitations for Filing a Claim
Every state has certain time limits governing how long you have to file a personal injury case after an injury or accident occurs. These time limits include wrongful death and medical malpractice cases. The law refers to these time limits as statutes of limitation. The amount of time available to file a claim depends on the state in which you live, and in some cases, the type of case being filed. Most cases in Arizona must be brought within two years after the date of injury or after the injured party either discovers the injury or, if acting reasonably, should have discovered the injury, whichever occurs first. Actions by a minor must be commenced within two years from the date the child turns eighteen. Claims made against the state or its subdivisions, such as cities or counties, have special rules and require a claim to be made within 180 days of the injury. Because delay can jeopardize your claim, you should have an attorney who specializes in these cases review your claim as soon as possible.
