Nursing Home Injuries And Negligence

Tue, 29 May 2007 21:19:00 GMT

Injuries suffered by residents of nursing homes may be recoverable under applicable state laws for medical malpractice. When health care providers fail to provide treatment with a reasonable 2degree of care, they may be liable for any resulting damages. Health care providers include the professionals and staff of nursing homes. Because nursing home residents requir special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents. If the nurses and other staff of a nursing home abuse or neglect a patient, payment for damages, known as recovery, may be sought by the victim under the law of medical malpractice. If you or someone you know reside in a nursing home and have been injured as a result of improper care, consultation with an attorney knowledgeable about medical malpractice law could help you determine if you have a valid claim. For more information on nursing home injuries, contact a qualified attorney.

Anesthesia Negligence

Tue, 29 May 2007 21:19:00 GMT

Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. Medical malpractice is essentially the failure of a health care provider to follow generally accepted standards in the medical profession. 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. Most doctors and hospitals carry malpractice insurance and some states even require that they contribute to a state patient's compensation fund. Statutes of limitation govern the filing of malpractice claims and prevent filing once a certain amount of time has passed after the malpractice. It is important to consult with an attorney knowledgeable in medical malpractice so that you may learn your rights if you think you have been injured as a result of anesthesia negligence. For more information on medical malpractice, contact a qualified attorney.

Asthma/Respiratory Illnesses

Tue, 29 May 2007 21:19:00 GMT

Asthma may occur in one life anywhere childhood to adulthood. Improper treatment of asthma could include the failure of the physician to place the patient on an emergency inhaler or that the patient is being treated by an allergist and not a pulmonary specialist, failure to properly diagnose the asthma. Other respiratory illnesses include but are not limited to, COPD chronic obstructive pulmonary disease, occupational asthma, reactive airways dysfunction syndrome, pneumonia, and bronchitis. But of course, with all malpractice cases, any claim will depend upon the standard of care that could be reasonably expected. Contact an experienced attorney for more information or to help answer any questions you may have.

Birth Defects Or Injuries

Tue, 29 May 2007 21:19:00 GMT

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 such 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. Various states have specific statutes governing malpractice claims. Many states provide for peer review by a panel of doctors before the claim may be reviewed by the court. Certain notice and time requirements may apply to your claim. If you believe that you or your baby has suffered injury due to negligence, consult with an attorney familiar with medical malpractice law.

Does Colorado Require That Claims Be Arbitrated Prior To Litigation?

Tue, 29 May 2007 21:19:00 GMT

Colorado does not require claims of medical malpractice be arbitrated absent the parties` agreement to arbitrate. Many hospitals and doctors have patients sign an agreement to go to binding arbitration if there is any dispute. Often a patient does not even realize he or she has signed a binding arbitration agreement until a lawyer finds this clause in the patient`s medical records. These binding arbitration agreements are typically iron clad. Most arbitration clauses provide that each side bears their own cost. That means that even if the patient wins their medical malpractice claim, they still have to pay all of the costs for the experts and the arbitrators out of their own pockets. This is different from most trials where the victim`s attorney tries to shift the costs to the defendants if the victim wins the trial.

How Do I Know If My Injury Constitutes Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are expected to exercise the basic knowledge, skills, and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances. This basic knowledge and skill is called a standard of practice, or standard of care. When a medical professional treats a patient and fails to use this basic knowledge, skill, and care whether the failure consists of doing something incorrectly, or failing to do something that should be done, that failure is a deviation from the standard of practice or care.

To prove that a physician or other health care provider has been negligent, the patient must introduce evidence showing the patient`s condition which prompted the need for medical care; the defendant`s conduct and why it was negligent; the appropriate care which the patient should have received; and the injury caused to the patient by the negligent medical care. Expert testimony is generally required to establish a breach of the standard of care, unless negligence can be inferred by the facts. An expert must be licensed in the state and familiar with the applicable standard of care as it relates to the subject of the claim.

How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?

Tue, 29 May 2007 21:19:00 GMT

Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. Contingency fees average between 25 and 40 percent. Most attorneys charge a smaller percentage if the case is settled before the attorney does all the work necessary to go to trial. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. There are hourly and fixed fee agreements available as well. Colorado does not place a limit on attorneys` fees in a medical malpractice action.

The attorney`s out of pocket costs are, in many cases, not included in the attorney`s fees. You should be sure to pay attention to how an attorney will bill you for costs. In a medical malpractice case, these expenses can be quite high. Many attorneys will decline a case unless there is potential for a substantial verdict or settlement.

Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. An action for medical malpractice must be brought within two years after the date the injury and its causes were known or should have been known with the exercise of reasonable diligence. With certain exceptions, the claim must be brought no more than three years after the negligent care. The exceptions are when the malpractice was knowingly concealed, when the claim is for a foreign object left in the body, or when both the injury and its cause could not have been known through the exercise of reasonable diligence.

There are special rules, which may extend the limitation period for minors or other claimants with disabilities. A minor has at least until his eighth birthday to file suit. If a claimant is mentally incompetent or under other legal disability, the action may be brought within two years from removal of the disability.

The limitation period for wrongful death caused by medical negligence is two years from the date of death.

Special notice requirements apply, in addition to the statute of limitations, for claims against public entities. For any claim against the state of Colorado or its political subdivisions, or any employee thereof, a written notice of your intent to file suit must be given within 180 days after discovery of the injury.

Another important deadline after filing a lawsuit is for the filing of a certificate of review. Within sixty days after service of the complaint, a certificate of review must be filed stating that an expert was consulted and is competent to express an opinion as to the alleged negligent conduct.

Misdiagnosis

Tue, 29 May 2007 21:19:00 GMT

Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) 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. These laws vary state to state. For more information on misdiagnosis, consult with a qualified attorney.

Nuclear Medicine (Cat Scans And Mris)

Mon, 04 Jun 2007 21:51:22 GMT

CAT (computer axial tomography) Scans and MRI's (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. Such would be to 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. Contact an experienced attorney for more information or to help answer any questions you may have.

Ob-Gyn

Tue, 29 May 2007 21:19:00 GMT

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 RHnegative patients, a blood test or amniocentesis that would diagnosis possible defects in the fetus, all of which could cause injury or death to both the mother and the fetus. GYN medical malpractice may include the failure of a gynecologist to properly perform his or her duties. These include IUD'simproper insertion and monitoring of IUD's may cause pregnancy complications or fertility problems; DISEASEfailure 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. Breast cancer is probably the most oftenreported medical negligence claim involving women. It can be defined as a new and abnormal formation of tissue as a tumor or growth. Tumors can be malignant or benign. Malignant tumors are cancerous. The tumor grows at the expense of the healthy organism. The growth infiltrates the tissue, spreads (metastasizes) and often reoccurs after attempts at surgical removal. Breast cancer is the most common malignancy among women and accounts for 27% of all cancers and 18 % of all cancer deaths. While breast cancer is one of the most common cancers it is also fortunately one of the most treatable of all human malignancies. For this reason, a failure to properly diagnose cancer is a significant breach in medical care. Delay in the diagnosis of breast cancer arises in several contexts: (1) the physician's failure to appropriately evaluate a complaint of a palpable mass, (2) failure to properly read a mammogram, (3) inappropriate reliance upon a negative mammogram in the face of a palpable mass, and (4) failure to perform additional tests such as aspiration biopsy and/or open biopsy of a mass. These are the most common ways in which physicians commit malpractice in connection with breast cancer. Ovarian cancer is the most frequent cause of gynecologic cancer death because cases are detected in advanced stages of the disease. Late detection is caused because of an absence of any specific symptom while the disease is still localized, as well as the lack of effective strategies for prevention or screening. This means that by the time the diagnosis is made, it is at an advanced stage. Nearly 1 woman in 70 will develop the disease. Over the past 25 years there has been a steady increase in the ovarian cancer rate. As with other forms of cancer, the plaintiff can only recover significant damages if the disease is discovered at an early stage. Unfortunately, in 75% of all patients, ovarian cancer has spread beyond the ovary at the time of diagnosis. The ultimate legal question with regard to the diagnosis of ovarian cancer is whether, when the physicians saw the patient, the diagnosis should not have been missed in light of the available developmental facts. Cancer of the cervix can be detected reliably by obtaining a Pap smear. The American Cancer Society recommends that a Pap smear be obtained every 3 years after 2 negative Pap smears were obtained at yearly intervals. Many gynecologists recommend yearly Pap smears. Cancer of the cervix is the third most frequent of the female cancers. Pap smears are read by laboratories, and it is important to examine old Pap smears to find out of they were properly read by the evaluator. Cervical cancer, which is identified early, has an excellent prognosis. The prognosis worsens with each advancing stage of the disease. A patient cannot and should not sue a physician for the mere development of cancer, but a patient can bring a viable claim for the increased risk of harm resulting from the failure to diagnose and treat the cancer in a timely fashion. It is important to realize that a plaintiff alleging a failure to diagnose cancer has the same burden of proof as in any other medical malpractice lawsuit.

Obtaining Informed Consent

Tue, 29 May 2007 21:19:00 GMT

Medical procedures including surgery, some types of injections including injections for chronic pain control, require that you sign a consent form. In some instances someone will sign the consent form but the procedure completed may not be listed on the consent form. I.e., consent signed for exploratory surgery, but not for the removal of an organ. But of course, with all malpractice cases, any claim will depend upon the standard of care that could be reasonably expected. Contact an experienced attorney for more information or to help answer any questions you may have.

Pharmacist Malpractice

Tue, 29 May 2007 21:19:00 GMT

Medical malpractice is the failure of a Health care provider, including pharmacists and pharmacy technicians, to treat his or her patient with a reasonable degree of skill and care. 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

Psychiatric Or Psychological Malpractice

Tue, 29 May 2007 21:19:00 GMT

These types of malpractice include failure to diagnose a specific problem resulting in harm to the patient or others. The committing of suicide, death or injury of someone, these types would be failure to diagnose or failure to recognize the degree of the patients problem. But of course, with all malpractice cases, any claim will depend upon the standard of care that could be reasonably expected. Contact an experienced attorney for more information or to help answer any questions you may have.

What Damages Can Be Recovered For Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

An injured plaintiff is entitled to recover money damages to compensate him or her for all of the harm caused by the defendant`s negligence. The law recognizes three major categories of damages in injury cases. These include economic damages, noneconomic damages, and physical impairment and disfigurement. For medical malpractice, damages are limited to $1,000,000 with no more than $250,000 attributed to noneconomic damages. The court may award in excess of these amounts in certain circumstances.

Economic damages include the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury caused by the malpractice. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries caused by the malpractice.

Noneconomic damages include losses for pain and suffering, inconvenience, emotional stress, and impairment of the quality of life. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.

Physical impairment and disfigurement damages are similar to noneconomic damages, but they are calculated separately because of the limitations on recovery for noneconomic damages. Those damage caps do not apply to compensation for physical impairment and disfigurement.

In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.

Punitive damages are intended to punish a defendant and are only awarded in rare cases. A plaintiff must prove fraud, malice, or willful and wanton conduct before a jury may award punitive damages. Willful and wanton conduct means conduct purposefully committed which the defendant must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others. The amount of such damages will not exceed an amount equal to the amount of the actual damages awarded to the injured party except under certain circumstances where the court can increase the amount up to three times the amount of the actual damages.

In addition to the damages outlined above, the court must award interest on the amount of damages; beginning on the date the plaintiff was injured. Prejudgment interest is counted towards the $1,000,000 limit on damages. Where future damage awards exceed $150,000, the court must provide for the periodic payment of those damages.

Judgments against public entities or their employees are subject to damage limitations. The maximum amount that may be recovered from a public entity or its employee in any single occurrence is $150,000 per claimant and $600,000 per occurrence.

What Happens If I Am Injured In The Course Of Medical Treatment?

Tue, 29 May 2007 21:19:00 GMT

If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to compensate him or her for the medical injury. Medical malpractice occurs when a health care professional or organization acts negligently and causes injury.

The term medical malpractice is generally used to describe any treatment, lack of treatment, or departure from accepted standards of medical care on the part of a health care provider that results in injury to the patient. Some examples of medical malpractice include incorrect diagnosis, failure to treat, improper treatment, delay in treatment, prescription errors, surgical errors, rendition of services without informed consent, etc.

Who Can Be Held Accountable For The Medical Malpractice?

Tue, 29 May 2007 21:19:00 GMT

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the state to provide healthcare, medical services, nursing services or other health care services. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably careful physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field.

In Colorado, hospitals are generally not liable for the negligence of independently contracted physicians. Colorado courts have also held that a physician rather than a hospital is liable for the nurses working under his control and the anesthesiologist he selected.

In general, public entities are immune from liability; however, they may be held liable for injuries resulting from the operation of a public hospital. A public entity is liable for its employees acts or omissions within the scope of their employment, but not if the acts were willful or wanton.