What is Medical Malpractice? A Medical Malpractice Lawyer proves a failure to exercise an assignment at the accepted standard of care. A medical professional is required to exercise the skill and learning applied under the circumstances by the average prudent reputable member of the profession in the given "community".
Medical Malpractice Lawyer evaluates the “Standard of Care” to determine medical negligence. Medical Malpractice Attorneys determine if failure to use adequate levels of care caused harm to the patient.
Misdiagnosis and medical malpractice: Many people assume that medical malpractice is mainly about surgical errors. However, the highest dollar payouts are often related to misdiagnosis, failure to diagnose or delayed diagnosis of a severe medical condition.
The top five diseases in terms of dollar payouts include breast cancer, lung cancer, colorectal cancer, heart attack, and appendicitis. In all these diseases, the typical allegations are misdiagnosis or delayed diagnosis by failing to notice the disease or mismanaging the diagnostic testing process. Delayed diagnosis of heart attack or appendicitis can rapidly lead to death, and delay in diagnosing cancer can lead to a much poorer prognosis once the cancer is ultimately discovered.
Medical malpractice suit payouts are likely to be high because death is typically involved. Consult an attorney or professional legal adviser for advice about medical malpractice
MISDIAGNOSIS OF CANCER
A Medical Malpractice Lawyer considers the following critical factors in evaluating misdiagnosis of cancer cases:
Breast: Delayed diagnoses of breast cancer can result when physicians fail to order baseline and periodic screening mammograms, radiologists misinterpret a mammogram as “normal”.The treating physicians fail to perform necessary follow up testing after abnormal mammograms with repeat mammograms, ultrasound or biopsies of a suspicious area to diagnose early breast cancer.
Colon: Delays in diagnosing colon cancer can result when doctors fail to perform occult fecal blood testing and/or order diagnostic screening tests for colon cancer such as colonoscopy and/or barium enema, and when specialists fail to properly perform and/or interpret a colonoscopies and barium enema examinations.
Lung: Delay in diagnosing lung cancers can result when physicians fail to orderchest x-rays for screening purposes and/or after pneumonia’s clear up, and when radiologists misinterpret chest x-rays or CT Scans of the chest as “normal”.
BIRTH INJURY: MEDICAL NEGLIGENCE
A Personal Injury Lawyer must specialize in this complex area of law.They bring claims for compensation for medical negligence resulting in birth injury.
Cerebral Palsy – is a term that describes a group of disorders that affect movement control. There is not one specific cause of cerebral palsy, however, it can be caused by injury to the brain before, during, or after birth.Cerebral Palsy is sometimes caused by lack of oxygen to the brain during birth and injuries to a birth mother and infant can be cause to persue a claim based on the medical Malpractice.
Erb’s Palsy – Brachial Plexus Palsy, or Shoulder Dystocia occurs when excessive lateral traction is applied to the fetal neck region during delivery. This can cause the childs nerves to be torn, resulting in a limp arm. Tearing of these nerves can cause permanent paralysis of the arm.
SPECIAL LAWS SPECIFIC TO MEDICAL MALPRACTICE:
Statute of Limitations – This is a law that requires commencement of a lawsuit within a specific time period. If the case is not filed within that time period it will be barred regardless of its merit.
An Expert’s Affidavit – At or shortly after the commencement of a medical malpractice case the party bringing the claim must provide a written document signed by a medical expert confirming that medical negligence was committedand that it was a direct cause of the claimant’s injuries. Certification of medical negligence is an essential element of any case.http://expertpages.com.