What Leads to Medical Malpractice?

April 21, 2016 By

Medical technology has evolved in amazing ways that effectively extend our lives.  However, with that technology sometimes comes risk, and there are over 225,000 patients who die while receiving medical treatment due to malpractice.  This renders medical malpractice as one of the top ten causes of death.  There are several types of medical malpractice, as explained below. shutterstock_1772386

Negligence

Medical malpractice cases constitute a specific type of negligence claim. In such cases a plaintiff needs to prove: there was a duty for the medical practitioner to care for the patient; there was a breach of that duty; the actions or non-action of the medical practitioner caused some injury; and damages.  This is true of any normal negligence case, but what sets medical malpractice cases apart is that there are specific written standards of care set forth and required by professional medical boards and other governing bodies.  In medical malpractice cases, the central issue often becomes whether the medical professional adhered to or deviated from the standard of care.  If there is an unwarranted deviation from that standard of care, the breach of duty element will frequently be met.
These standards were created largely to ensure the same processes are followed to keep negligence to a minimum, which has the effect of minimizing the health care professional and the facility administration from litigation in most cases when followed meticulously. These standards give medical care professionals some leeway, because not every patient or case is the same, but many procedures that are performed are now routine and followed by all professionals in the medical field.  The regulations also ensure medical professionals not only do the job correctly, but it also follows that lawsuits may then be dismissed when there is evidence of standard treatment or actions taken during procedures. A successful plaintiff proves that a medical professional deviated from these standards, or made a mistake in diagnosis, treatment, dosage or some technique.  A plaintiff will typically employ a medical expert to explain what the standard of care was, and in what way the medical professional deviated from this standard.

Surgery

It is natural to be nervous and apprehensive about undergoing any surgical procedure, and certainly we have all heard stories from friends and family of procedures gone awry.  No matter how routine, every surgery comes with certain risks. Some patients mistakenly believe that only inexperienced or new doctors make mistakes in surgery.  While it is accurate that experience lowers risks in terms of miscalculations, the truth is that any surgeon can make a mistake at some point during surgery. Again, a successful plaintiff will show a breach in the standard of care; that is, proof that the surgeon made a mistake during the procedure that was unjustified.

Elective Procedures

Some believe that elective surgery is harmless, but all surgery carries risks and potential dangers.  Severe injury can occur when undergoing elective procedures, such as breast augmentation or reduction, bypass surgery, lap band and even liposuction.

Litigation

As noted above, a plaintiff will typically use a medical expert to help establish a deviation from standard procedure and negligence.  These medical experts can help strengthen medical malpractice claims by determining where errors occurred, such as incorrect dosages, techniques used during surgery, or understaffed hospitals that led to delayed diagnosis or other problems.

Contact an Attorney

When any type of malpractice is suspected, it is best to contact a lawyer immediately. Due to the statute of limitations, injured parties have a specific period of time in which to file a claim or the claim can be barred from bringing brought to court. Contact the Law Offices of Stuart L. Plotnick today to discuss your claim.
Source: http://www.hg.org/article.asp?id=26470

Filed Under: Medical Malpractice, Personal Injury, Wrongful Death

Dangerous Driver Causes Fatality

April 5, 2016 By

A $7.5M wrongful death lawsuit has been filed over the death of a 19 year old cyclist in Ohio. The boy was riding his bike in June when he was struck and killed by a 64-year-old driver.  The lawsuit contends that the driver was a “dangerous driver who knowingly endangered the community.” According to news sources, the driver has a history of medical problems which impaired his ability to drive. Specifically, eight weeks prior to the fatal collision, the driver’s eye doctor informed him that his poor vision made it unsafe for him to drive.

The Toledo Blade reported that the driver “told the police he was going 45 miles an hour.”  However, “the black box recording demonstrates he was going 55 miles an hour both before, after, and while he hit [the cyclist.] He never slowed down a bit.”  The Blade reported an eyewitness saw the cyclist get struck, and said the driver never made an attempt to slow down or swerve. The Blade also noted that the driver has received multiple violation citations, including speeding tickets. He was also involved in a crash where he rear-ended a family dropping off children at a day-care facility on the same road where the cyclist was killed.

While alcohol was not a factor in the foregoing fatal collision, it is often a component in accidents.  In fact, the majority of traffic-related deaths are caused by drunk drivers. Besides staying off the road when you are under the influence of alcohol and other prescription and non-prescription medications, and any other time a medical professional advises you to, here are a few other dangerous practices to avoid while driving.  Driving, after all, is a dangerous business at times.

  1. Avoid driving tired. Drowsy driving is every bit as dangerous as drunk driving.
  2. Avoid speeding. Speeding is the second leading cause of traffic fatalities after drunk driving. According to a 2005 study by the Insurance Institute for Highway Safety, “The relationship between vehicle speed and crash severity is unequivocal and based on the laws of physics.”
  3. Avoid distracted driving. NHTSA estimates that there are 660,000 distracted drivers on the road most of the time. Put on your make up, eat your bagel, and text your girlfriend before or after your ride.
  4. Driving too fast for weather conditions. When the weather gets bad, slowing down is the best way to avoid an accident.
  5. Avoid following tractor trailers too closely. Following closer than 150 feet behind a truck is really dangerous. Even that distance gives a driver less than two seconds to react if the trucker suddenly slams on the brakes.
  6. Avoid reckless driving. This includes various activities such as swerving, weaving, passing on the right, accelerating and braking suddenly, and driving slowly in the left lane on the freeway. Many states consider driving 20 mph or more over the speed limit reckless driving.
  7. Do wear your seat belt. NHTSA reported that seat belts saved more than 75,000 lives between 2004 and 2008.
  8. Make sure you yield the right of way. The Insurance Institute for Highway Safety says that failure to yield the right of way is the top cause of accidents among drivers aged 70 and older, particularly on freeway merge ramps.

Take care out there on the roads!  Not all accidents can be avoided, but doing all you can to stay safe helps.  In the unfortunate circumstance that you or a loved one is involved in a motor vehicle accident, please contact the Law Offices of Stuart L. Plotnick today for a free consultation.
Sources http://www.toledoblade.com/Courts/2016/03/28/Bicyclist-s-family-files-wrongful-death-suit.html#UA1xKqxoAPhqM4PV.99; and http://www.roadandtrack.com/car-culture/features/a4418/feature-the-9-most-dangerous-things-drivers-do/

Filed Under: Car Accident, Personal Injury, Wrongful Death

WRONGFUL DEATH SUIT AGAINST U. OF ALABAMA FOR STUDENT WHO FELL OVER SIDE OF RIVER BOAT DURING SORORITY PARTY

April 9, 2014 By

The family of a University of Alabama student who drowned in the Black Warrior River in April 2012 has filed a $10 million wrongful death lawsuit days before Alabama’s statute of limitations would have prevented them from doing so.

Charles Jones is the father of Tre Jones, a 20-year-old University of Alabama student who fell into the river during a sorority’s party on the Bama Belle riverboat in April 2012. He filed the lawsuit Friday and wants $10 million for his son’s death, claiming that several parties should be held responsible for it.

Charles Jones alleges that several people were tasked with making sure no underage passengers drank alcohol that night but failed to keep his son from doing so. He also complains that not enough was done to try to save Tre as soon as he fell in the water. According to the lawsuit, a deckhand saw the man fall overboard and struggle on the surface of the river, but boat officials made no effort to stop immediately and attempt to rescue him. Divers found his body in deep water around 3 p.m. the following day.

According to the complaint, an autopsy indicated the student’s cause of death was drowning and acute alcohol intoxication, and a toxicology report showed his blood alcohol content to be .133 g/100 ml.

Included in the defendants Charles Jones named in the lawsuit are the Tuskaloosa Riverboat Company, who owned and operated the Bama Belle at the time; Stand Alone Security, a local company hired to keep the party safe and prevent minors from drinking on the boat; and the Delta Sigma Theta sorority, who hosted the riverboat party.

Jones claims that those parties failed to prevent his son from drinking and getting drunk, failed to supervise him and keep him from falling overboard, failed to rescue him and failed to notify authorities of his plight in a timely manner.

Filed Under: Blog, Premises Liability, Wrongful Death
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