Archive for the ‘Connecticut Medical Malpractice Law’ Category

Are Doctors Too Quick to Prescribe Narcotics to Pregnant Women?

November 4th, 2014 at 7:00 am

addictive drugs, hydrocodone, narcotic painkillers, opioids for pain, oxycodone, pregnant women, prescribe narcotics, prescribe narcotics to pregnant women, propoxyphene, Westport medical malpractice attorneyA recent medical study reveals an alarming increase in the amount of narcotic painkillers that are being prescribed to pregnant women. Researchers involved with the study are calling for more research to be done to determine what health risks these strongly addictive drugs may have on the women’s unborn children.

The study was conducted at Harvard Medical School by analyzing the medical data of more than 500,000 pregnant women who had been prescribed opioids for pain and discomfort. This data came from a commercial insurance plan from which the women were enrolled. The average age of the women was 31 years old.

Some of the factors the research team looked at included the most common medications prescribed, the most frequent medical complaints for which the drugs were prescribed, and what, if any, difference did geographical location make.

The most common condition doctors prescribed these narcotics for was back pain—almost 40 percent. Other medical complaints that doctors felt necessitated opioids were joint pain, abdominal pain and fibromyalgia.

The most common drug prescribed was hydrocodone (Vicodin), which was given to 6.8 percent of the women. Six percent were given codeine, 2 percent were given oxycodone (Oxycodone), and propoxyphene (Darvon) was given to another 1.6 percent.

The heaviest concentration of prescriptions were given to women who lived in the southern part of the country, with Alabama, Arkansas, and Mississippi each having rates at 20 percent or more.

The lead researcher, Dr. Brian Bateman, wrote, “Nearly all women experience some pain during pregnancy. However, the safety of using opioids … remains unclear. Ultimately, we need more data to assess the risk/benefit ratio of prescribing these drugs to women and how it may affect their babies.”

If you have been prescribed medication that has caused serious side-effects, or a medication has caused your condition to worsen, contact an experienced Westport medical malpractice attorney to find out what compensation you may be entitled to for pain and loss.

Medical Malpractice: Statute of Limitations in Connecticut

October 27th, 2014 at 7:00 am

Connecticut attorney, Connecticut malpractice attorney, Connecticut malpractice lawyer, Connecticut medical lawyer, Connecticut medical malpractice, Connecticut medical malpractice lawyer, medical malpractice claim, medical malpractice lawyer, statute of limitationsMedical malpractice is the third leading cause of death in the United States, according to the Journal of American Medicine and as reported by Forbes. In the U.S., a malpractice payout is made every 43 minutes and amounts to a stunning $3 billion in 2012.

However, according to Forbes, there are several steps a person can take to avoid malpractice suits—the most important of which is to be your own healthcare advocate. Understanding medical malpractice and how to approach it is the most important step to dealing with it and getting your life back on track in the event of a malpractice issue.

To begin, you have the right to file a malpractice claim if “a provider’s negligence causes injury or damages to a patient,” reports Forbes. Negative results from medical care do not always amount to a malpractice claim, however, and there are certain limitations regulated by the state when it comes to what types of incidents can be considered malpractice, as well as the timeframe for which a claim can be filed.

More than 80 percent of all malpractice claims filed in the U.S. every year do not result in payouts to the patients or the survivors of affected patients. In addition, there is a statute of limitations in which the claim can be filed. This varies from state to state. In Connecticut, according to the office of the state’s Chief Attorney, Connecticut state law requires that a medical malpractice suit be filed within two years from the date “when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered.”

The Chief Attorney’s Office notes, however, that if a patient can prove that the medical professional had a continuing duty to warn him or her about the consequences of malpractice or possible negative effects of procedure, the statute of limitations can be extended. There must be evidence that the doctor failed to fulfill his duty in the period that follows the original wrong, and that duty must be proved to be within the typical standard of care.

If you suspect you have been victim of medical malpractice and have questions regarding the medical malpractice statute of limitations, the most important step is to seek legal counsel. Contact a Westport medical malpractice attorney today.

Payout Caps & Connecticut Medical Malpractice Suits

September 26th, 2014 at 8:55 am

Connecticut malpractice attorney, Connecticut malpractice lawyer, Connecticut medial malpractice, Connecticut Medical Malpractice Law, Connecticut payout caps, medical malpractice, medical malpractice attorney, medical malpractice claim, medical malpractice suits, payout caps, Westport medical malpractice attorneyA measure on the ballot in California this November may have the support of medical malpractice attorneys, but it has doctors scared. The measure, Proposition 46, would increase the state’s limits on what can be paid in pain and suffering awards in lawsuits and require that all physicians be drug tested. According to a recent news article, however, only 61 percent of voters say that they support the measure. Pain and suffering awards in medical malpractice suits in California have been capped at $250,000 since 1975. Proposition 46 would allow for pain and suffering awards to increase to $1.1 million.

Most states do have damage award limits such as the one California is proposing to increase. In fact, Connecticut and Minnesota, reports the National Conference of State Legislatures (NCSL), are the only two states that do not specify a specific limit or cap on medical malpractice payouts, though both states “allow for a court to review the damage awarded.” Twenty-six states allow for joint liability for medical malpractice, and Connecticut is among them. Joint defendants are considered liable proportionate to the percentage of fault for damages awarded.

According to the Journal of the American Medical Association and reported by Forbes, medical malpractice is a leading cause of death in the United States, third only to heart disease and cancer. In 2012, more than $3 billion was awarded in medical malpractice suits. That is an average of one approved claim every 43 minutes.

Despite not having caps on medical malpractice payout claims for Connecticut patients, the state does have a rule that establishes a limit or sliding scale on fees attorneys may charge for handling a medical malpractice claim, according to a publication of the Connecticut State Legislature.

While medical malpractice is not the fault of the patient, there are several things you can do to help avoid the probability of experiencing it. According to Forbes, being proactive about your healthcare by asking questions and demanding “full and complete answers” is the simplest thing you can do.

If you feel you have been the victim of medical malpractice or negligence, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact a Westport medical malpractice attorney today.

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