There are three types of medical malpractice that can be addressed in a medical malpractice suit, as noted by the American Board of Professional Liability Attorneys (ABPLA). Medical malpractice is generally defined as an act of negligence on the part of a doctor or medical professional that results in harm, a failure to heal, or in extreme cases the death of a patient. For it to be considered for a liability suit, the incident must include the following three attributes:

•      The standard of care was not met. An example of a standard care violation could include a professional’s failure to wear gloves or wash his hands;
•      A patient was injured in the course of negligent care. It is not enough for a patient to claim that the professional did not provide care that met his or her expectations, but the he or she suffered at the hands of a professional;
•      The injury sustained in the course of care must have significant detriments or lasting effects. The ABPLA notes that patients would do well to remember that if the injury sustained was somewhat insignificant, it could end up costing more to pursue the suit than care for the injury itself.

The ABPLA lists several examples of medical malpractice. Failure to diagnosis, misreading lab results, poor aftercare, improper medication or dosage, and a failure to either order proper testing or recognize symptoms are all examples of medical malpractice.

According to Medical News Today, the most common form of medical malpractice is misdiagnosis. In fact, a team of researchers at Johns Hopkins University reported in 2013 that “diagnosis errors cause up to 160,000 deaths annually in the USA.” This cost doctors nationwide a staggering $38.8 billion in payments to patients between 1986 and 2010.

Medication errors are also a common form of medical malpractice. A University of Illinois report stated that blood thinners are the most common type of medication errors—accounting for seven percent of such cases for all hospitalized patients.

If you or someone you know suspects you have been the victim of medical malpractice in Connecticut, the most important step is to seek legal counsel. Contact Richard H. Raphael, Attorney at Law today.

Several subjects regarding healthcare and patient–doctor responsibility have come to light in the wake of the passage of the Affordable Health Care Act. One such necessary discussion that has been much less prominent has been the need to reform the framework for medical malpractice. According to a recent article in the Huffington Post, however, this is one of the most important debates the nation is not having.

One important tenant of the Affordable Care Act, or Obamacare, attempted to curb the cost of wasted money in the healthcare industry. The majority of this waste comes from three causes, reports the Huffington Post: defensive medicine, “caused by unnecessary tests and procedures done in part to help protect doctors from possible lawsuits;” a reimbursement system that rewards doctors for providing more instead of better care; and the cost of “a torrent of bureaucracy.” The article suggests that inefficient healthcare systems waste approximately one trillion dollars of taxpayer money every year. “Solving these problems,” reports the Huffington Post, “requires entirely new frameworks.”

One such initiative included in an early draft of the Act included “alternative systems of justice,” according to the Huffington Post, but this provision was tempered with the actual passage of the law. As it stands, patients can opt out of participating in these special types of health care courts at any time.  

In 2012 alone, according to the New York Daily News, medical malpractice suits costs New York City $134 million by August alone. According to a Connecticut State government legislative report, a total of 3,302 claims were reported in the state between 2008 and 2012, and just less than half (1,562) closed with an indemnity payment. The total cost for the state over the five-year reporting period was $861 million.

Special health care courts that are made mandatory could help to keep the cost of medical malpractice down for taxpayers, no matter in which state you live. Regardless, medical malpractice is a serious issue that requires the assistance of legal counsel. If you or someone you is considering a medical malpractice suit in Connecticut, contact the law offices of Richard H. Raphael for a free initial consultation today.

As complex medical procedures increase in popularity, so do the mistakes that accompany them. According to Medical News Today, the number of litigated cases involving malpractice in laser hair removal treatments has surged in recent years. In 2011, Medical News Today reports, “dermatologic surgeons carried out 1.6 million treatments” in the U.S.—one of the most common cosmetic operations performed in the nation.

The major risk with laser hair removal practices comes most often from non-physicians “who may have minimal training,” reports The New York Times.  In addition to the figures compiled by Medical News Today, the Times suggests that there may be several unreported operations performed annually as well. “The percentage of lawsuits over laser survey that involved a non-physician operator rose to 78 percent in 2011 from 36 percent in 2008,” the Times reports.

Eleven states do not have regulatory laws concerning laser hair removal. According to the State of Connecticut Medical Examining Board, in 1996 such regulatory measures were approved in the state, making it illegal for any physician without a specific license to employ lasers for hair removal. “In making this ruling,” the report states, “the Board is choosing to err on the side of safety to best protect the public.”

Risks associated with laser hair removal can be permanent, though the procedure itself may not be. According to The New York Times, risks can include (but are not limited to:

• Disfiguring injuries;
• Severe burns in sensitive areas (“like the bikini line and the mustache area above the lips”);
• Death. 

Washington Institute of Dermatologic Laser Surgery Director Dr. Tina Alster told the Times that, “there’s a perception by the public that anybody can do this. People need to remember, it’s not the laser doing the work, it is the operator.”

If you or someone you know has been injured or disfigured by a laser hair removal treatment in Connecticut, you may be eligible for compensation. The most important first step is to seek the counsel of a legal professional. Contact the law offices of Richard R. Raphael for a free initial consultation today.