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medical malpractice Archives

What happens if a surgeon leaves equipment behind in surgery?

Surgeons use a number of tools when performing procedures on patients, including, but not limited to, sponges, scalpels, forceps, surgical masks, and needles. In fact, it is estimated that surgeons routinely use around 250 different types of instruments during a single procedure. With so many instruments out and about, it may not come as no surprise to Indiana residents that these objects are often left behind in patients. Thousands of such incidents take place yearly. In fact, between 4,500 and 6,000 such cases occur, according to some estimates.

How valuable is expert testimony in medical malpractice cases?

In order to succeed on a medical malpractice claim, a victim must prove four legal elements: the defendant owed a duty of care to the victim, the defendant was negligent while providing that care, the victim was injured, and the legal cause of the injury was the negligent care. These elements must be proved by a preponderance of evidence.

Are elderly patients more likely to get worse at hospitals?

When an Indiana resident goes to a doctor to seek treatment for an ailment, they expect the medical professional to ask them questions about their general health as well, to get an accurate picture of their life and health prior to the current condition. According to some though, medical professionals are inexperienced in dealing with elderly patients and as a result, can end up prescribing medicines or procedures that clash with their current condition, ending up worsening their condition.

Why is time of the essence in filing a medical malpractice claim?

You have been injured by the negligence of another-either in a car accident or due to medical negligence by a medical professional. You're busy running to the hospital, dealing with the aftermath of the incident, recuperating. Even though you intend to file a case, you keep delaying for a number of reasons and then when you finally get around to it, you find out the case is time-barred. You have a right to file the case-after all you were injured at the hands of another. So, what does time-barred mean? It means the right to sue has potentially been lost forever because the case was not brought within a specific time.

Medical mistakes one of the leading causes of death

When an Indiana resident goes to the doctor, they expect the doctor will help them, not hurt them. Most of the time this is the case, but, occasionally, a medical mistake occurs. In this situation, a family may be able to hold a doctor liable for medical malpractice.

After a surgery gone poorly, compensation might be possible

Residents of Floyd County, Indiana and all of those who live on the Indiana side of the Louisville metro area probably do not list having surgery as one of their favorite activities, and for good reason. Even when all goes well, a person may have to take time off from work to recover from even a minor surgery.

Indiana's medical malpractice damage cap

Indiana arguably has some of the toughest laws in the country for medical malpractice victims who want to get the compensation they deserve after a doctor or other medical professional injures them; however, while a challenge, these laws are not insurmountable obstacles, and injured patients should not be discouraged from holding their doctors accountable.

Equipment left in surgery patients leads to serious conditions

It sounds like a horrific premise. You or someone you love goes under the knife for surgery, and the knife or some surgical tool is left inside the patient. Unfortunately, it does happen. In fact, according to a report by The Joint Commission, a health care watchdog organization, between 2005 and 2012 there were almost 800 cases reported of surgical equipment left behind in patients' bodies. While most cases led to a patient's extended stay in the hospital, more than a dozen cases were severe. The study found 16 deaths attributed to the problem.

Minnesota state work group wants "granny cams" in nursing homes

It is never an easy decision to move an elderly family member into a nursing home. Unfortunately as they age, many people are left unable to care for themselves. While some families have the ability, support and finances to take care of the elderly during their final years, not all families do, and for older folks who need 24-hour care, a nursing home is one place they may end up.

Hospital covers up MRSA outbreak, leaving 2 dead, 6 sick

When you enter a hospital, it is assumed that you or your loved one will receive the necessary and proper treatment. Since hospital continually deal with patients who are sick, often with contagious diseases, it is important that the hospital or medical facility take the necessary precautions to prevent the spread of diseases. Unfortunately, this is not always the case however.

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The Law Office of Nick Stein

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