Fighting for medical injury victims.
Medical professionals are people like anyone else and so it is inevitable that they will make mistakes at some point. If doctors were held accountable for any little error they made, they would live in fear of legal action and may be reluctant to treat certain patients as needed. For this reason, patients do not have the right to bring a medical malpractice claim for every mistake that their doctors make. Instead, medical malpractice is determined based on standards for medical care in the United States. Each medical professional is expected to act as a similarly trained and reasonable medical professional would act when faced with the same situation. This means that if you visit an eye doctor for a problem with your heart, they would not be expected to act with the same skill as a cardiologist. When a cardiologist is presented with a possible heart problem, however, they are in fact expected to perform the same tests and take the same steps for diagnosis and treatment as another cardiologist would do.
It is when the cardiologist (or another doctor) fails to act in accordance with medical standards that medical malpractice claims may be an option. However, a patient must also suffer harm to have a valid claim. For instance, if the same cardiologist failed to make a diagnosis at the first appointment but then discovered a problem at a later appointment, they may not be held liable if the patient suffered no complications or worsening of a condition in the meantime. However, if a diagnosis was missed and the patient suffered an otherwise preventable heart attack as a result, it would constitute medical malpractice and the patient would have rights to financial recovery.
Medical malpractice is the failure of a medical provider to meet the standard of care in the diagnosis or treatment of a patient. According to a 2004 study of 37 million patient records, an average of 195,000 people in the United States died due to potentially preventable, in-hospital medical errors between 2000 and 2002. Doctors aren't the only one's who can fail when giving a patient care. Medical negligence can be committed by:
There is never a guarantee of a cure or a positive outcome during treatment but providers are expected to meet the standards of peers in the medical community. Medical malpractice centers on whether or not the provider failed to meet standard medical care. Abuse or neglect of patients in psychiatric in-patient care, assisted living or nursing homes also is a malpractice concern. The numbers show it is only a few health care providers that provide care where injury occurs. Yet, those few are the reason for the skyrocketing medical and insurance costs across the United States. Losing a loved one is never easy, but losing one to the hands of another turns grief into trauma. Sometimes simple questions are shut down or the medical staff claim what you remember is out of order. They are working to protect themselves and their jobs.
Medical malpractice focuses on medical providers who failed to adequately care for patients according to the standards set for their industry.
This can include:
There are many different forms of medical malpractice involving different medical professionals. The following are some examples of common types of medical malpractice:
Hospital Malpractice - Some common errors on the part of hospital staff include inadequate supervision, contamination that can lead to infections, negligent supervision, medication errors, and more. Birth Injuries - Doctors should perform certain tests and inquiries during pregnancy to identify any possible medical conditions of the mother, birth defects of the fetus, or other factors that will increase the risk of complications during labor or delivery.Surgical Mistakes - Surgical mistakes can lead to serious infections, the need for prolonged hospitalization, or even the need for additional surgeries.
Failure to Diagnose - Timely diagnosis can be extremely important for certain medical conditions to avoid complications and stabilize a patient. Medication Errors - Some common medication errors include failure to recognize drug allergies, failure to recognize adverse drug reactions, overdosing, failure to administer medication, and administering the wrong medication to the wrong patient The above are only some of the many ways that a doctor or another medical professional can make serious errors and cause significant injury and losses for patients.
Because of the healthcare situation in the United States, emergency room use is rising. However, the number of emergency departments across the U.S. is falling, according to the National Center for Health Statistics. This development has led to medical professionals working harder and with more patients. It makes for a situation in which mistakes can be made. However, the circumstances do not change the obligations medical professionals have to avoid mistakes when they treat patients. If you or someone you love has been injured or killed because of an emergency room error, you have rights under the law against the defendant. To learn how the Charleston emergency room error medical malpractice lawyer at The Hartman Law Firm, LLC can help you, call us today toll free or contact Frank online. We represent clients throughout Charleston and across South Carolina. Our medical malpractice lawyer in Charleston SC can provide a free, no-obligation initial consultation.
There are approximately 136.1 million emergency room visits in the U.S. every year. That statistic means for every 100 people there are 45 visits to an ER in any given year. Meanwhile, with the recent changes to health care in the United States, it is likely the volume of people seeking treatment at the ER is going to continue increasing.
According to a recent Wall Street Journal, 37 to 55 percent of emergency room negligence cases arise from diagnostic errors. Other frequent ER errors include:
Misdiagnosis of symptoms Delayed diagnosis (for instance, failing to report a positive result from a cancer test)
Failure to supervise medical staff, allowing them to diagnose ( such as a registered nurse or physician’s assistant) Failure to order or to properly read tests Inadequate staff to treat patients and/or monitor patients’ symptoms
Failure to follow guidelines dictating proper medication procedures or to maintain cleanliness in the establishment (a recent study found that 90 percent of hospital deaths are as a result of medical errors caused by failing to follow systems and procedures)
The hurried environment of an emergency room does not allow doctors and other medical staff to fail to diagnose, delay diagnosis, fail to order or properly read relevant tests, provide inadequate staffing, or fail to follow dictated guidelines intended to protect patients. Such emergency room errors may constitute medical negligence or medical malpractice if a patient is harmed.
An emergency room error attorney with experience in medical malpractice claims can help evaluate the circumstances of your or your loved one’s injury. Our Charleston medical malpractice lawyer will work with medical experts to evaluate whether healthcare standards were met and advise you of your legal options.
Frank Hartman represents emergency room negligence victims throughout Charleston and across South Carolina. There are statutes of limitations that limit the time in which you can bring a claim. So, don’t delay. Get help now.