Hospital Accidents

Injuries can Occur at Birth

Posted by on Feb 19, 2015 in Hospital Accidents | 0 comments

Childbirth poses a great number of health risks not only for the mother but most importantly for the baby. The child’s passing through the uterus can be made complicated by several risks, and these could lead to birth injuries if not properly addressed by medical professionals. Compounding the childbirth may be the difficulties during the delivery. If fetal distress is present, the labor may have to be expedited as detected by fetal hypoxia or acidosis. Most of childbirth injuries are due to hypoxia and mechanical trauma. Childbirth injuries that resulted from medical negligence or error may seem to be small, with only 5%, but it still a considerable amount considering the life of the baby.

Expectant mothers should be aware if they are at risk of childbirth injuries. Among the risks factors that should considered are shoulder dystocia, cephalopelvic disproportion, a premature baby, instrumental or breech delivery, and many others. Talking with your doctor during your regular check-ups could help you prepare for the childbirth and avoid injuries or risks to you and you baby. Many of birth injuries can be prevented through proper medical care. According to the Center for Disease Control and Prevention, among the most common birth injuries that are linked to medical negligence or error are: facial paralysis, fractures (in the skull or bones along the collar) brain injuries (due to oxygen deprivation), cephalohematoma, brachial palsy injuries, and many others.

Many birth injuries can heal in a matter of days, but some can have a lasting effect on the child that would lead to physical and developmental complications. When this happens, the child’s quality of life will be greatly affected, and special care and attention may be necessary for them to grow up. Proving negligence can be difficult. It is therefore important to talk with a lawyer first in order to determine whether the hospital or any of the medical professionals involved in the operation was indeed negligent and if there is a case that can be filed against them.

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Physician Liability for Prescription Drug Overdose

Posted by on Jun 24, 2014 in Hospital Accidents | 2 comments

Anyone who is following the story of Dr. Gregory House, the main character in the popular medical television drama “House,” would be aware that he is addicted to Vicodin, a prescriptive drug medication. In the 4th season he overdoses on it, but doesn’t die. Unfortunately, this is not true for more than 35,000 people who die from prescription drug doses every year, 74% of which were accidental while 17% were intentional. For a majority of these overdose cases, physicians are blamed.

The liability of physicians for a drug overdose may not seem immediately apparent. The patient is, after all, in control of how much drug should be taken and should be responsible for any excessive dosage. But a closer look into the medical history of each individual may provide a clue to why doctors are liable for any injury or death of their patients due to prescription drug overdose.

The most common basis for a claim of medical malpractice is the failure of the doctor to take a comprehensive patient history. According to the website of Louisville’s Sampson Law Firm, this will reveal prior drug abuse behavior which is a red flag in potential prescription drug abuse, especially for prescriptions involving narcotics and pain killers. The patient history will also indicate what medications the patient is already on which may be contraindicate certain prescription drugs.

Prescription drugs are restricted precisely because they are potentially dangerous. Doctors are well aware that they need to be especially careful when prescribing these to their patients, and must follow established protocols for doses as well as switching from one medication to another.  If the doctor fails to take the necessary precautions against accidental or intentional overdose on prescription drugs, it may be the basis for a medical malpractice suit.

If you or a member of your family suffered an injury or died from a prescription drug overdose, you may be able to get compensation from the prescribing physician. Get in touch with a medical malpractice lawyer in your area to find out.

On the other hand, if you are a practicing physician who has been wrongly accused of medical malpractice, contact a license defense lawyer in order to keep the license you need to practice. An experienced attorney will be able to help you through the process.

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Hospital Negligence as Medical Malpractice

Posted by on Mar 1, 2014 in Hospital Accidents | 0 comments

According to the website of these Massachusetts personal injury lawyers, medical malpractice is often associated with injuries inflicted by negligent or incompetent medical doctors, nurses, emergency medical technicians (EMTs), and other health care professionals. Such injuries often have dire physical and financial consequences. This is true for both victims and hospitals, as someone has to pay the costs of fixing such mistakes and it obviously should not fall on on the person who was hurt by it.

There are instances, though, where the hospital may also be considered negligent, and may therefore be named in a personal injury lawsuit.

Generally, a hospital has many protections against liability, placing much of the burden on the medical doctors they have on staff. Medical malpractice lawsuits against doctors typically do not include the hospital where the injury actually occurred because the doctor is a consultant, and therefore not an employee of the hospital. Moreover, while the hospital may be named as one of the defendants for the incompetent, careless, or negligent behavior of its employees such as nurses, orderlies, EMTs, and pharmacists, it may still escape liability if the attending physician was present at the time the injury occurred or otherwise had the ability to prevent the negligence from occurring.

On the other hand, the hospital may be held liable for any doctor-related medical malpractice if it can be proven that it does have an employer/employee relationship with the doctor, or if the doctor was clearly incompetent and the hospital still kept him or her on staff. A hospital may also be liable for medical malpractice when the hospital knew or should have known that a previously competent doctor had for whatever reason ceased to function as usual or turned dangerous to the patients i.e. deteriorating eyesight.

Avoiding allegations of hospital negligence is part and parcel of the rules that regulate the healthcare industry, which is highly complex and subject to interpretation when it comes to litigation. If you believe that the hospital is part of the reason why you sustained a preventable injury while confined or under the care of hospital staff, you should consult with Houston personal injury lawyers with experience in medical malpractice and hospital negligence. Your injuries are not your fault and you should not have to suffer further because someone else failed in their duties, responsibilities, or obligations.

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