How does Challenge for Cause Work during Jury Selection in a Medical Malpractice Case
The process of empanelling a jury is one of the most important pre-trial processes for any lawyer. The techniques of choosing jury members from the venire pool, known as voir dire in legal parlance, is taught to law students so that they can use it effectively in all their cases. One of the techniques used in the selection process is the ‘challenge for cause’. It is an effective method that medical malpractice lawyers can use to screen potential jurors before empanelling.
The Key Elements in Proving a Medical Malpractice Case
There is much more to a medical malpractice lawsuit than a person suffering from an undesirable outcome to medical treatment. A person will have to be able to prove several key elements in order to have a successful case, if they want sue and win a malpractice claim. Your healthcare provider or doctor owes you a legal duty by virtue of the relationship you share. This duty means providing you with care that is on the lines of the professional standards. To be able to prove a medical malpractice case, you need to be able to establish that a doctor or a healthcare provider did not meet the standard of care.
Erroneous tests cause delayed treatment of Lyme disease
One man’s 10-month ordeal trying to obtain an accurate diagnosis and treatment of his Lyme disease symptoms might help the 300,000 people afflicted with the illness in New York and in other parts of the United States each year. The delayed treatment was due, in part, to the inability of tests available in the U.S. to accurately identify the presence of the disease that is transmitted by up to 18 different tick species.
How to Identify Medical Malpractice from Standard Surgical Risks
There are many different parameters to establish whether complications in a surgery should result in a medical malpractice lawsuit or not. If the negligent conduct of a surgeon falls below the standard of care that is acceptable, as compared to that provided by reasonably competent surgeons practicing that area of surgery under similar circumstances, and if a patient is harmed in the process, it can be viewed as a surgical error.
What Does A Failure To Diagnose A Heart Attack Entail?
There is nothing more traumatic for a patient and their family, to have a make a trip to a hospital for medical reasons that you cannot understand. Almost all the time, health care practitioners, doctors, and nurses make the right decision in the treatment of a patient. In this life and death situation, this could actually mean saving a patient’s life. Many life threatening situations such as heart attacks come with their own set of signs and symptoms.
What You need to Know About Failure to Read Mammograms and X-Rays
Patients depend on hospital staff such as nurses and doctors and medical care practitioners to perform their duties to the best of their abilities and on par with other medical organizations to offer quality medical care. However, medical professionals make grave errors sometimes, which could impact the well-being and health of a patient substantially.
Epidural Errors in a Medical Malpractice Case
There are many expectant mothers whose birth plans do not include the use of an epidural, but as their labor progresses, more than 50% of them eventually end up opting for it. Epidurals are known to ease the pain an expectant woman experiences during childbirth, allowing them to focus more on the birthing procedure, rather than the immense pain that they are experiencing. In most cases, epidurals are administered without a problem. But there are times that epidural errors may be made that could result in a medical malpractice case.
What is a Failure to Diagnose Cancer?
There are millions of people all over the world who are diagnosed with cancer every year, and many more that lose their battle with the disease. The National Cancer Institute states that during their lifetime, one out of every two people will be diagnosed with some type of cancer. If cancer is detected early enough, it can be treatable through a combination of radiation, chemotherapy, and certain drugs. But it is important that it is detected and diagnosed in an early stage, so that effective treatment gives the patient a good chance of survival.
What is the Key Question in a Failure to Diagnose in a Medical Malpractice Case?
Patients approach doctors and other healthcare providers with trust and in the belief that their illnesses will be treated properly and cured. However, sometimes, this faith is misplaced and the doctor or healthcare provider is negligent leading to further heath complications or more pain and suffering.
Woman awarded $16.7M in malpractice lawsuit for mother’s death
New York patients may be interested to learn that the daughter of a woman who died of cancer was awarded $16.7 million after the doctors failed to diagnose her with lung cancer. An attorney for the radiologist who was accused of missing the evidence stated that the original diagnosis based on the X-ray was appropriate and that the large settlement was not necessary.