Archive for the ‘medical malpractice’ tag

Serious Infections: Just a Surgical Risk or Medical Malpractice?

December 23rd, 2015 at 7:00 am

serious infections, medical malpractice, Westport Medical Malpractice LawyerOne of the most common complications to a surgery or other medical treatment is an infection. The news frequently broadcasts stories about new kinds of antibiotic resistant bacteria that pose a danger to patients.

If you have suffered a serious infection after being in the hospital or after a medical procedure, you need to understand your rights.

When an Infection May be More Than Just a Risk of a Procedure

Part of the standard “talk” doctors give their patients before performing a procedure or recommending surgery is a discussion of the risks involved. Every surgery and procedure carries different risks. However, one aspect that every surgery has in common, no matter how major or minor, is a risk of infection.

Generally, the law does not allow people to recover damages for injuries they received when they voluntarily accepted the risks. But, not every case of infection is just one of the risks of having surgery. Sometimes doctors or other medical professionals make mistakes and those mistakes may lead to infections.

Hospital Acquired Infections

Hospitals are increasingly the home to dangerous microbes, such as MRSA. These bacteria are tough to treat and can be devastating to patients trying to recover from a serious illness or surgery. These so-called superbugs are examples of hospital acquired infections and are infections you get because you were in the hospital.

Hospitals, clinics, and the medical professionals who work there have a duty to follow sterilization protocols and to protect patients from getting exposed unnecessarily to bacteria.

Time Limits and Having Your Case Evaluated

If you suffered from an infection, like MRSA, after a surgical or other medical procedure, you may have been the victim of medical malpractice. You will need to have your case carefully reviewed by a lawyer knowledgeable in medical malpractice. Your own medical records may have clues about why you were infected. Under Connecticut law, you may only have two years to bring a medical malpractice claim. Because these cases are complicated and take a lot of investigation and preparation, time is of the essence.

If you or your loved one has suffered a serious post-procedure infection, you need to speak with an experienced Westport medical malpractice lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today. You may only have a short period of time to protect your rights.

Sources:

http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/MedicalMalpractice.pdf

https://www.cga.ct.gov/2006/rpt/2006-r-0583.htm

Overlapping Surgeries and Medical Malpractice Risk

November 11th, 2015 at 7:00 am

overlapping surgeries, Westport Medical Malpractice AttorneyFor most people who are facing surgery, we put our trust in the surgeon that will be performing the operation. We trust that he or she, as well as the rest of the medical staff, will put all of their focus on us—the patient—as we lay unconscious on the operating table, and do what it is they are supposed to do. We expect our surgeon to be present during the procedure. We do not expect that at the same time they are supposed to be operating on us, they are also operating on another patient in another operating room. Another patient who most likely has the same expectations we do. Yet, that is exactly what is happening in some of the most renowned medical centers in the country.

According to a recent Boston Globe Spotlight investigation, there are sometimes concurrent surgeries taking place at Massachusetts General Hospital (MGH). This means that while a surgeon has a patient booked in one operating room, he or she has an overlapping procedure booked, with another patient in another operating room, at the same time.

The hospital claims that when this happens, the surgeon is present during the “most important aspects” of the surgery and the patient is never at risk. Hospital administrators say that this is sometimes necessary in order to allow more patients access to surgeons who are in high demand. They also say that it gives in-training surgeons “hands-on” experience.

There is much debate on whether or not the hospital claims are valid, and there have been malpractice suits filed by patients who say they were injured because of overlapping surgeries. However, what may be even more disturbing is that the hospitals are not required to inform a patient that while his or her surgeon is supposed to operating on them, their surgeon may actually be in the room next door operating on another patient.

For example, at MGH, the only notification a patient is required to receive is contained in the consent form he or she signs, which states, “other medical professionals may perform some aspects” of the operation or procedure they are undergoing. Patient advocates say that the warning is not nearly enough and patients have a right to be informed of the overlapping scheduling.

If you have suffered an injury or illness from a medical procedure, please contact an experienced Westport medical malpractice attorney today to find out what legal recourse you may have against the physician and/or medical facility for your pain and loss.

Sources:

http://apps.bostonglobe.com/spotlight/clash-in-the-name-of-care/story/

https://www.bostonglobe.com/opinion/editorials/2015/10/27/patients-have-right-know-their-surgeon-double-booked/QVSmeEhy2TtCaVbNuLk6OI/story.html

Medical Malpractice: More Than Just a “Botched” Surgery

October 5th, 2015 at 7:00 am

Westport medical malpractice, Westport Medical Malpractice AttorneyWhen most people think of medical malpractice, they tend to imagine a surgical mistake or misdiagnosis. While these situations most certainly could qualify as physician negligence, it is important to note that medical malpractice covers a wide range of events. According to Connecticut Law, medical malpractice takes place when a health care professional fails to adhere to the standards within their profession, resulting in a harmful outcome for his or her patient.

You Are Entitled to Respect and Courtesy

Connecticut’s courtrooms are seeing more and more cases where physicians have behaved in a disrespectful way toward their patients. In one case, a doctor was overheard insulting his patient while she was under anesthesia. In another, a surgeon was reported for dancing mid-surgery. In a third case, a doctor cracked crude jokes at the expense of his patient while she was being treated.

These incidents often go unreported. However, when these transgressions are brought to light, they can result in compensatory settlements and awards for patients—sometimes totaling in the millions.

The bottom line is that you are entitled to respect and courtesy at all times while under medical treatment. While offensive behavior may not cause a physical injury, it can have a long-term psychological impact.

If you feel that you have been degraded, insulted, or disrespected by your health care professional, or that your health problems were misdiagnosed, then you may have a valid claim for medical malpractice. It is important to note, however, that disrespectful behavior does not automatically constitute medical malpractice, but if this behavior led to a misdiagnosis or treatment mistake, then it may strengthen your case.

Contact a Medical Malpractice Attorney for Help

If you were the victim of medical malpractice, then one of your first calls should be to a Westport medical malpractice attorney. Richard H. Raphael, Attorney at Law, has more than 40 years of experience practicing law, and he gives each case the attention that it deserves. To schedule your consultation today, please call 203-226-6168.

Source:

http://www.jud.ct.gov/lawlib/law/malpractice.htm

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