Surgery and the Risk of Medical Malpractice
There is much hype surrounding the mysterious circumstances surrounding the death of famous comedian Joan Rivers. Joan Rivers was in a medically induced coma following the cardiac arrest she suffered during the fatal surgery, up until her death on the 4th of September. It will be some time before we know what really caused the much loved actress’ untimely death. But what we do know now is that when it comes to surgeries and medical procedures, you can never be too careful in selecting your doctors because even a small mistake can cost you heavily in the years to come.
Hospitals Make Patients Pay for Reimbursement Cuts
Last December, Peter Drier – a 37 year old from New York – went in for surgery to fix the herniated discs in his neck. A bank technology manager, Peter is well versed in rules and regulations and knows that big procedures like a neck surgery require an amplitude of paperwork. So, he happily signed the consent forms. Apart from this, he also looked at his insurance records and made sure all was in order so that when the bills started to come he would be able to take care of everything like clockwork.
A Surprise You will not Like: How Hospitals are Using Insurance Loopholes to Fleece Patients
In the past few years, there have been several changes in the medical industry. One of the most important changes has been the introduction of the rating system for hospitals which have high readmission rates. Insurers like Medicare have cut down on reimbursement amounts that they pay back to the hospitals. The result-hospitals have started to find a way to get around all the cost cutting. And out-of-network services are a poignant and fantastic way to get the patient to pay up and set up an alternate money channel.
How is cancer diagnosed?
As New York patients may know, cancer may be detected due to a patient’s symptoms or a physical exam. It may also be detected by screening tests done routinely before symptoms are expressed. Either way, cancer must be confirmed using specific tests.
Failure to Diagnose in a Medical Malpractice Case
Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.
Importance of Requests to Charge in a Medical Malpractice Case
At the end of a trial, before closing remarks are given, the attorneys will give the judge a list about various areas of laws that the judge should instruct the jury about. This is known as Requests to Charge. The lists of the plaintiff and defense attorneys will obviously be different. Each of the two lawyers will be listing things that the jury should be instructed about, which are going to be favorable to their client in the case.
Cause of Death in a Wrongful Death Case
In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual’s body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.
Simple Cataract Surgery can be Grounds for a Medical Malpractice Case
A patient is convinced by his eye doctor to undergo cataract surgery. However during the surgery, the doctor inserts the wrong lens, and because of that the patient loses sight in that eye. The patient was experiencing some blurriness in one eye and it was not a major issue. However, the eye doctor convinced the patient that he needed cataract surgery for this issue.
Medical Malpractice – Injuries at Birth and Development Issues
Many things can go wrong during childbirth. Babies can be deprived of oxygen, if the delivery is not performed in a timely fashion. There could also be an issue with the heart rate of the baby, and because nobody has detected the decreased heart rate and the baby is not delivered in time, it can result in serious brain damage that can be permanent. In view of these serious issues, it is important to detect such instances that might have occurred during childbirth.
Suing a Doctor for Delaying Treatment
Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.