Medical Malpractice
Medical Malpractice may arise from surgical error, medication error, birth trauma, emergency room neglect, nursing negligence, and other types of medical errors. Medical malpractice lawsuits improve the quality of care by holding physicians and hospitals responsible where they fall below the appropriate standards. Moreover, they provide an avenue of financial relief for those whose lives have been damaged through no fault of their own.
INSTITUTE OF MEDICINE REPORT FINDS 98,000 DEATHS DUE TO MEDICAL NEGLECT
In 1999, the Institute of Medicine (IOM), in an effort to improve the quality of health care in America, issued an investigative report that concluded that as many as 98,000 people die a year due to medical malpractice and medical errors. The IOM referred to medical malpractice as an “epidemic”. The IOM defined “Medical Errors” as “the failure of a planned action to be completed as intended or the use of the wrong plan to achieve the aim.”
Through medical malpractice litigation qualified medical malpractice attorneys prosecute many medical mistakes that the IOM identified as the most common medical mistakes. Cincinnati medical malpractice attorneys have represented patients in claims such as birth trauma and cerebral palsy, surgical errors, medication errors, misdiagnosis of cancer, and emergency room negligence. These medical mistakes affect not only the immediate patient and their families but society as a whole by increasing medical costs
Medical malpractice attorneys represent patients in medical malpractice claims to obtain compensation for the preventable harm, which can be costly economically and emotionally having dramatic and life altering effects on lives. Despite the IOM report, medical malpractice attorneys and medical malpractice reform remain at the center of the political scene, where medical malpractice tort reform is touted as necessary to keep the medical community stable. Without support, frivolous claims brought by medical malpractice attorneys and unrefined juries have been blamed as causing a medical crisis. Many states, including Ohio, ignored the objective findings of the IOM and implemented tort reform designed to limit the work medical malpractice attorneys can pursue and prosecute on behalf of patients.
For the past twelve years, Joseph M. Lyon has been an active Cincinnati medical malpractice attorney involved in evaluating, assisting, and litigating complex medical malpractice cases as a college student, a law student, and as a lawyer. He has had great success as a Cincinnati medical malpractice attorney, and, despite the adversity described above, he continues to serve the city of Cincinnati and throughout the state as a medical malpractice attorney representing patients who have been injured due to medical negligence.
SURGICAL ERRORS
One of the more common areas of medical negligence involves surgical error. These types of cases may arise where the surgeon (a) fails to make a diagnosis, (b) performs an unnecessary surgery, (c) fails to communicate test results with the patient, (d) fails to provide informed consent, (e) fails to recognize a complication during surgery, or (f) simply performs a surgery in a careless manner. Joseph Lyon has experience and continues to accept cases as a surgical error malpractice lawyer.
The goal of a surgical error malpractice lawyer is to uphold the medical standards of care for the community while providing the patient with the appropriate compensation under the circumstances. The injuries causes by surgical error are often catastrophic and require significant compensation to take into account the medical expenses, loss of time, loss of organ, lost wages, and future medical care. A qualified surgical error malpractice lawyer can assist you in evaluating the medical care you received and assist you in deciding whether formal litigation is appropriate and necessary for you. Medical malpractice cases are very difficult to prevail in, but a lawyer familiar with the standards of care and process can help you obtain the appropriate compensation for the past and future loss and needs. With medical care costs increasing everyday, it is imperative that the negligent parties take responsibility for the harms (physical and economic) that they cause.
A surgical error malpractice lawyer is familiar with the appropriate statute of limitations to initiate the claim. The Statute depends on many factors and a thorough review of the medical records is generally necessary to identify the exact date. It is in the patient’s best interest to contact a qualified surgical error malpractice lawyer shortly after learning of the injury and negligence to allow for a full investigation. In general, the statute of limitations is one year from the date of injury or termination of the physician-patient relationship.
MEDICATION ERRORS
Medication errors are almost always preventable with ordinary and reasonable care. The mistakes may occur because (a) a hospital is understaffed and too busy, (b) medical, physicians, or nurses are fatigued, (c) medical, physicians, or nurses are fatigued are unfamiliar with certain labeling,(d) the labeling is confusing or misleading, and (e) the medical records are not routed properly or may be missing information. Often the medication error is deadly or catastrophic due to an overdose or improper or contraindicated administration of the drug. Certain recommendations have been made by multiple medical organizations to alleviate the risk of medication error. The primary focus is in improving communication between health care providers. While this seems simple, the medical system continues to struggle with consistent and reliable communication and patients continue to be affected adversely.
Often, the lack of consistent care affects the most vulnerable patient population. For example, older people and those suffering with certain aliments may be at greatest risk for medication errors because they often take multiple prescription medications. In one study by the FDA that evaluated reports of fatal medication errors from 1993 to 1998, almost half of the fatal medication errors occurred in people over the age of 60.
Given the preventable nature, the overwhelming medical and societal cost, and susceptibility of the patient population to medication errors, medical malpractice claims in this area of incredibly important to deter and motivate the health care providers to simply communicate better. Every other industry are required to have quality control standards that are consistent and designed to improve the quality of the service or product. It is not much to ask that the medical community, who is causing billions of dollars in additional medical costs, develop appropriate mechanisms to avoid these mistakes.
Medical malpractice cases focused on medication error improve patient safety by forcing hospitals to recognize the gaps in their system and make changes to prevent others from suffering the same unnecessary complication. Please see the articles on the left for additional more specific topics.
