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What is Medical Malpractice? | Lawyers for Medical Malpractice

If you or a loved one received medical attention, and left the hospital in worse condition than you arrived in, you may have grounds for a medical malpractice lawsuit.

When you seek medical attention from a doctor, hospital, clinic, or another healthcare professional or facility, you rightfully anticipate receiving the proper care. You expect that your health will improve or at least be stabilized by seeking medical care. Sadly, this doesn’t always happen for some Americans. Sometimes seeking the healthcare they need, worsens their health and exposes them to medical malpractice. 

What Percentage of Death is Medical Error?

According to the Journal of Patient Safety, there are around 400,000 deaths a year from preventable medical errors. While it’s unclear exactly how many deaths result from malpractice, a 2016 John Hopkins study suggested that medical errors are the third leading cause of death in the United States, just behind cardiovascular disease and cancer. Those who suspect they were injured in a malpractice incident should contact a skilled medical malpractice lawyer as soon as possible.  

What Does Malpractice Mean?

What is malpractice? Malpractice can mean different things in different professions. However, malpractice generally means failure to exercise an ordinary degree of professional skill that results in injury to the patient or client. When malpractice causes harm, victims can often file a malpractice claim against the professional that committed it. 

What is Medical Malpractice?  

Medical malpractice occurs when a health care provider’s professional negligence results in inadequate treatment, which results in patient injury. If a medical professional, such as a doctor or nurse, fails to perform proper medical care in the way a reasonable medical professional would that isn’t congruent with the current standards of care, they have engaged medical malpractice. Medical malpractice cases arise from negligence, recklessness, or sometimes even intentional actions.  

In a successful medical malpractice lawsuit, the injured party or their attorney on their behalf must show that the medical professional’s breach of their duties was the direct cause of their injury.  

What is an Example of Malpractice?  

Medical malpractice can take on many forms and impact all areas of medicine. For example, a diabetic patient needs to have their right leg amputated below the knee. The current standard of care is that immediately before surgery, the patient, or someone on their behalf if they physically or mentally can’t, must place an “X” on the surgical site with a marker. The medical/surgical team must also have a brief “time out” before beginning the surgery to review the type of surgery, the patient’s health history, allergies, and other pertinent information.  

Suppose the pre-op nurse forgets to have the patient place an “X” on their right lower leg before surgery, and the team gets busy and skips their “time out.” The doctor ends up amputating the lower left leg instead of the correct right leg. In this case, medical malpractice has almost certainly occurred. The patient could bring a lawsuit against the surgeon, the pre-op nurse, and potentially other members of the team or hospital. While this might sound like an extreme example, surgery on the wrong body part or side of the body does happen and can have disastrous results. 

Other Common Examples of Medical Malpractice

Most medical malpractice claims fall into 3 categories: failure to diagnose, improper treatment, and failure to warn a patient of known risks. Common medical errors and examples of medical malpractice include:

  • Failure to diagnose 
  • Failure to order proper testing 
  • Misdiagnosis 
  • Misreading, misinterpreting, or ignoring laboratory results 
  • Surgical errors  
  • Performing unnecessary surgery 
  • Wrong medication or dosage
  • Anesthesia errors
  • Lack of or poor follow-up or aftercare 
  • Premature discharge 
  • Failure to take an appropriate patient history or to consider it in their care 
  • Failure to order proper testing 
  • Failure to recognize symptoms 
  • Childbirth injuries 

Malpractice of all kinds can kill patients or leave them with severe injuries or disabilities they may never recover from. The ones who do recover often face a lengthy uphill battle to do so. Medical malpractice impacts patients of all ages and from all socio-economic levels.  

Medical malpractice is typically the result of negligence or the failure to act in a reasonably prudent way given the circumstances and the individual’s professional background. In medical malpractice cases, the injured party or their malpractice attorney must establish a legal basis that includes the four elements of medical negligence. They are: 

  1. Duty of Care
  2. Breach of Duty
  3. Proximate Cause
  4. Damages

Duty of Care 

The existence of a legal duty on the part of the doctor to provide the best care possible to a patient, which typically occurs at the start of the doctor-patient relationship when the doctor assumes care. Duty of care can be measured by the current standard of care in that area of medicine and by what other medical professionals with similar training and background would have done in the same or similar situation.  

Breach of Duty 

A breach of this duty on behalf of the doctor occurs when they fail to adhere to the standards of the profession. That is to say, the medical professional violates their duty of care in some way. For instance, they prescribe the wrong medication or the wrong dose.

Proximate Cause 

Proximate cause is a causal relationship, occurring when the medical professional’s breach of duty resulted in or was the cause of the patient’s injuries. In other words, the patient wouldn’t have suffered the injury if it weren’t for the medical professional’s negligent actions. 

Damages 

The existence of damages that stem from the injury and solicit a claim for compensation. The patient’s injuries caused their damages. Damages typically account for both actual economic loss, such as medical bills and lost wages, and noneconomic loss, such as pain and suffering or scarring and disfigurement. 

What is the Most Common Reason for Malpractice? 

Medical malpractice can happen for several reasons. However, nearly all reasons result from negligence somewhere on the healthcare continuum. While there is never an excuse for medical malpractice and negligence, it can occur because of: 

  • Poor communication among medical staff 
  • Lack of training and experience 
  • Lack of proper protocols and guidelines 
  • Fatigue and exhaustion 
  • Distraction 
  • Carelessness 
  • Staffing shortages/caring for too many patients at once 
  • Alcohol or drug use  

How Hard is it to Sue a Doctor?

You generally have a better chance of getting the compensation you deserve when you have legal representation. You also let the insurance company know you take your claim seriously. Often, these cases can be resolved out of court, but if necessary, your attorney can litigate your claim. If you believe you have a medical malpractice claim, please fill out our contact form, and a qualified lawyer near you will contact you within 10 minutes.  

Typically, these types of cases can be difficult to pinpoint, being that there needs to be a strong legal basis for a medical malpractice lawsuit. According to the National Center for Biotechnology Information, you will need to prove that the physician acted negligently in rendering care, and that such negligence resulted in injury. Injuries or harm resulting from the negligence do not have to be related only to physical and mental pain, but also can be related to lost income and future medical costs.

Why Hire a Medical Malpractice Lawyer?

A medical malpractice lawsuit is very complex and the burden of proof lies with you, that’s why it’s best to get professional legal help. An experienced medical malpractice lawyer knows how to prove negligence, what evidence will support your claims, how to properly examine medical documents, and how to deal with medical companies. If you think you may have a medical malpractice lawsuit, call today and speak to an experienced lawyer about your situation.

Contact an Experienced Medical Malpractice Attorney Today

If you are considering filing a claim and suing for malpractice, it’s in your best interest to have an experienced medical malpractice attorney on your side. Even when the patient clearly has every right to compensation for their injuries, these cases can be uphill battles because large insurance companies would rather fight than pay medical malpractice settlements.  

SOURCES:

  1. Journal of Patient Safety. A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care. Retrieved February 12, 2014.
  2. National Center for Biotechnology Information. An Introduction to Medical Malpractice in the United States. Retrieved February 12, 2014.

Suing Nexplanon | Understanding the Nexplanon Lawsuit in 2022

Birth control implants require an invasive procedure that can sometimes lead to complications and injuries due to medical malpractice, resulting in civil lawsuit cases like Nexplanon lawsuits in 2022. These complications and injuries are totally preventable, in many cases. If you’ve suffered an avoidable injury from an IUD, birth control implant or other contraceptive device, then chances are high that you have an actionable legal claim. 

In other words, you may be entitled to sue for damages. 

The pain and financial distress you have suffered due to your injuries could qualify you for significant compensation. But filing a claim against a large medical manufacturer is not a simple task. We encourage you to call us at 1-800-THE-LAW2 to get connected to an experienced attorney who can help you get paid. 

Topics and questions this article can help you answer:

What Is Nexplanon? 

Nexplanon devices are birth control implants that provide users with a continual stream of etonogestrel, which prevents pregnancy. The contraceptive implant is placed into the arm, and, as such, it is not an IUD (intrauterine device). It can work for up to five years.

How Does Nexplanon Work?

While it is in place, progestin production slows down, which prevents the release of ova. The implant also prevents pregnancy by thickening the mucus in the cervix, and stopping sperm from making it to the ova. It is not a permanent birth control solution, people who have the implant removed can get pregnant afterwards.  

Nexplanon Is Not Appropriate For Everyone 

Nexplanon implants are not appropriate for everyone, there are serious safety concerns that your physician has to consider before installing it. 

When determining whether you have an actionable claim against your physician for medical malpractice, your attorney will investigate the case to see if your health was assessed comprehensively. This means that if there were any signs of:

  • liver disease
  • blood clots
  • tumors
  • progestin-related cancer
  • irregular vaginal bleeding
  • allergies to any of the device components

Then, the contraceptive should not have been installed, nor had continued use, and should have been removed. If your physician knew or should have known about these issues, but installed the device anyways or did not remove it, then you could potentially obtain compensation. 

Nexplanon Is Approved by the FDA 

Nexplanon stems from an earlier contraceptive device called Implanon. It was approved by the FDA in 2006, but the approval process for it took three years. This process was prolonged, because clinical studies showed that Implanon’s effectiveness was compromised.  

After several studies showed irregularities that were seen as red flags to authorities in Europe, officials were asked to provide information about efficacy and safety on the product’s label. Following the release of these studies, the FDA told the parent company, Organon, that Implanon could not be approved due to the illegitimacy of the studies that found the product safe.  

Despite all these issues, Implanon was approved in 2006, with a caveat from the FDA. It required Organon to conduct a study of 5,000 women, to discern any negative effects that the device might cause. Though a range of side effects surfaced, in 2011, Nexplanon gained approval anyway.  

What Are the Risks of the Implant?

Nexplanon Risks and Side Effects 

The arm implant for birth control has a broad range of risks and side effects that can prove fatal in some instances. They are: 

  • Headaches 
  • Deep vein thrombosis 
  • Blood clotting 
  • Abnormal menstruation  
  • Nausea and vomiting 
  • Ovarian cyst development 
  • Strokes 
  • Heart attack 
  • Irregular weight gain 
  • Depression 

Nexplanon Bleeding and Blood Clots, a Dangerous Side Effect

One of the most serious side effects for the Nexplanon implant is bleeding. When blood clots form in veins and break away, there is a potential for serious injury or even death. 

For example, deep vein thrombosis can occur when blood clots form in the veins, break away, and travel to the lungs. If this condition is not treated early, the victim may experience heart attacks, strokes, and more.  

What Problems Can the Implant Cause?

The Problem With Nexplanon 

It’s clear that Nexplanon implants have been linked to potentially life-threatening conditions, compromising the health and safety of its users. In many cases, the birth control manufacturer failed to warn patients about these risks. Because they were unaware of what may happen to them, many patients have an actionable claim for damages.  

6-Figure Nexplanon Lawsuit Settlement Won

In Beaufort County, one woman won more than $500,000 after suing a clinic for improperly placing a Nexplanon implant into her arm. Although the implant was eventually removed by the same clinic, the 2021 Nexplanon lawsuit states that the woman suffered nerve damage that caused permanent injuries. 

This case sets a precedent for others who were injured by improper Nexplanon insertion. Those who were not alerted of the dangers and risks associated with the device stand to recover compensation through a Nexplanon lawsuit today. 

Can I Sue a Birth Control Implant Company?

Liability in Birth Control Lawsuit Cases 

If your birth control caused serious injury, due to side effects or device failure, you may be entitled to compensation. Potential defendants include: 

  • The medical facility who offered you the implant 
  • The manufacturer of Nexplanon devices 
  • The doctor or nurse practitioner who installed the implant 
  • And others 

Reasons to file a Nexplanon Lawsuit 

If you experienced side effects from Nexplanon, you may be entitled to compensation in a Nexplanon Lawsuit. Reach out to a skilled civil lawsuit lawyer near you today for a case evaluation. The personal injury lawyer free consultation comes at no cost to you. Call 1-800-THE-LAW2 to get started.

How Do I Find a Personal Injury Lawyer Near Me?

Call us at 1-800-THE-LAW2 for a free consultation. We’ll get you connected to an experienced personal injury attorney for medical malpractice who will evaluate your case and help you move forward.

Working with an attorney costs nothing. There are zero out-of-pocket costs. You only pay a “cut” of what you eventually obtain. At 1-800-THE-LAW2, our attorneys only get paid if and when you get paid. 

What is the Statute of Limitations for Medical Malpractice? | Lawyers for Medical Malpractice

There are a lot of complex, moving parts that can impact a personal injury case, including the Statute of Limitations for medical malpractice claims. If you’ve been hurt due to medical malpractice or negligence, you may be confused about the litigation process.

To ensure that all case procedures are met, we encourage you to work with an experienced medical malpractice attorney.  Call us at 1-800-THE-LAW2 for a free consultation with an attorney in our network. 

Of course, if you’d like to learn a little bit more about the law surrounding statute of limitations requirements, read on! 

Medical Malpractice Statute of Limitations

The statute of limitations is an important concept in all lawsuits, not just medical malpractice disputes.  Failure to abide by the statute of limitations can lead to your case being automatically dismissed, and you being unable to pursue any further legal action. It is critical to avoid violating the statute of limitations. 

What are Medical Malpractice Statute of Limitations? 

Simply put, the statute of limitations is a deadline that applies to your legal claims. The length of this deadline period varies from a case by case basis, and even, between states. 

A medical malpractice claim in California has a statute of limitations of three years, which starts counting from the injury date. By contrast, wrongful termination claims in New York have a statute of limitations of just 300 days, which starts counting from the date of termination. 

If you do not file your claim before the deadline passes, then you relinquish your legal right to sue and recover damages. In other words, you’ll have lost your opportunity to obtain compensation under the law! 

Work With an Attorney for Medical Malpractice Early 

The statute of limitations is just one example of a procedural matter that could have a significant impact on your case.  As a non-lawyer plaintiff, you may not even be aware of all the procedural issues that could undermine your claims! For this reason, it’s critically important that you work with an attorney as early as possible. 

See, an attorney isn’t just a courtroom advocate. They play a comprehensive role throughout the litigation process: from investigating the facts of the case and gathering evidence, to negotiating with opposing counsel and eventually filing and arguing your case in court. 

Read More: What does a personal injury lawyer do?

It is your attorney’s job to ensure that your case is taken care of appropriately, which includes meeting the statute of limitations deadline. They are required to do their due diligence to ensure that potential claims are identified, and filed, before the deadline passes. So, choosing the right attorney is key.

Is There a Way Around Statute of Limitations?

If the statute of limitations has already passed, are you out of luck? Not necessarily. 

In most jurisdictions, there is something called the “Discovery Rule.” This works as an exception to the statute of limitations deadline, expanding it under very specific case circumstances. 

How Does Discovery Rule Apply?

Under Discovery Rule, the statute of limitations deadline does not begin to “countdown” until you have actually become, or should have become, aware that there is an actionable legal claim. We know, this is a lot of legalese, so here is an example for application and to simplify. 

What is an Example of Medical Negligence in the Medical Field?

Suppose that you go to the doctor for a diagnostic checkup, because your back hurts. The doctor does a cursory check, and doesn’t ask many questions. Assuming your back pain is simple, he prescribes some basic pain medication. He orders no additional tests and does not refer you to a specialist, despite your explanation of unique aspects to the back issue. They are: dull pain, no history of back pain issues, and so on.

Three years later, you discover cancer that started in your back. There would have been no way for you to know that the first doctor was wrong, but he was. That doctor was negligent, and thereby committed medical malpractice. At the surface level, it would seem that your statute of limitations deadline has already passed, as it has been 3 years since the appointment. However, the discovery rule allows you to start the countdown when you became aware that the doctor committed medical malpractice. Thus, your deadline would still be active, and you could file the claim. 

Do I Have a Case?

Contact 1-800-THE-LAW2 for a Free Consultation 

Have you been harmed by a medical professional due to their negligence, recklessness, or even intentional misconduct?  If so, the law may entitle you to significant compensation through a medical malpractice lawsuit. Our experienced attorneys can help. Contact 1-800-THE-LAW2 for a Free Consultation.

How Can a Lawyer for Medical Malpractice Help?

Here at 1-800-THE-LAW2, we operate a large network of attorneys committed to working with injured clients who are interested in pursuing claims against those who harmed them. Call us today for a free and confidential consultation. Connect you to an experienced personal injury attorney in just 10 minutes or less. 

Additional Questions on Medical Malpractice and Personal Injury:

Erb Duchenne Palsy or Erb’s Palsy Lawsuit | Birth Injury Attorney

In humans, damage to the muscular and nervous systems can cause serious functional problems with everyday activities. Erb’s palsy is one such condition. Erb’s palsy can make it difficult to lift one’s arm or grasp objects. It is a birth injury caused by damage to the brachial plexus nerves during labor and delivery.

If you or a loved one suffers from Erb’s palsy, a birth injury malpractice lawyer may be able to help you recover compensation. You can be compensated for a range of losses, including medical expenses and pain and suffering damages. 

What is Erb’s Palsy? 

Erb’s palsy, also known as Erb-Duchenne paralysis, is a nerve condition that causes weakness or loss of muscle function in the shoulder, arm, and hand. It is the most common form of brachial plexus palsy, and involves the upper nerves in the plexus. 

The brachial plexus is a group of five nerves that connect the spine to the arm and hand and enable your shoulders, arms and hands to feel and move. Erb’s palsy occurs when the brachial plexus nerves are stretched or torn. 

Is Erb’s Palsy a malpractice?

Birth Trauma and Erb-Duchenne Paralysis 

Shoulder dystocia happens when an infant’s shoulder gets caught behind the mother’s pubic bone during childbirth. It is a common cause of birth injuries like Erb’s palsy by medical providers. If a medical provider pulls on the baby to try and extricate them, the nerves of the brachial plexus may stretch or tear.  

Some other causes of Erb’s palsy injuries include: 

  • Pulling the infant’s shoulders during a head-first delivery 
  • Turning the baby’s head or neck to the side during labor or delivery 
  • Tugging on the infant’s feet during a breech delivery, which may put too much pressure on the baby’s arms 
  • Fractured collarbone or shoulder dislocation during labor and childbirth 
  • Using forceps or vacuum delivery 

Erb’s Palsy Risk Factors 

Risk factors associated with shoulder dystocia should be addressed by an OB-GYN during pregnancy. 

Examples of risk include maternal obesity or diabetes, abnormal pelvis shape, high infant birth weight, carrying more than one infant, receiving medications such as oxytocin or epidural during labor, and previous pregnancies involving shoulder dystocia. 

Failure to identify these risk factors and account for them during childbirth could give rise to birth injuries like Erb’s palsy. This sort of mistake would likely be considered medical negligence and could lead to liability. 

If you decide to bring a claim against the medical professionals and facility where you gave birth, your Erb’s palsy lawyers will obtain copies of your medical records and thoroughly investigate whether your doctor addressed these issues during your treatment and determine whether medical negligence occurred before or during childbirth. 

Types of Brachial Plexus Injuries 

There are four types of Brachial Plexus injuries that happen with Erb Duchenne Palsy. They are: 

  1. Brachial Plexus Neuropraxia Injury
  2. Brachial Plexus Neuroma Injury
  3. Brachial Plexus Nerve Rupture Injury
  4. Brachial Plexus Nerve Root Avulsion Injury

Brachial Plexus Neuropraxia Injury

The most common type of Brachial Plexus injuries is Brachial Plexus Neuropraxia. It occurs when the nerves are stretched, but they are not torn. Brachial Plexus Neuropraxia symptoms are stinging or burning sensations. Although it usually resolves on its own, Neuropraxia treatment for a baby may include physical therapy or hydrotherapy. 

Brachial Plexus Neuroma Injury

When nerves that have been torn heal and leave scar tissue, neuroma can occur. The scar tissue puts pressure on injured nerves, which prevents them from conducting signals to the muscles in the arm. Children with neuromas often make only a partial recovery. 

Brachial Plexus Nerve Rupture Injury

When the nerve is torn, the injury does not heal on its own. In most cases, rupture requires nerve grafting surgery to repair nerves. Although it is possible to repair a rupture with surgery, a child who suffers a rupture will continue to have some weakness in the shoulder, arm, or hand. 

Brachial Plexus Nerve Root Avulsion Injury

The most serious type of Brachial Plexus injuries, avulsion happens when the nerves are torn from the spinal cord, resulting in permanent muscle weakness and paralysis. Although surgery can help repair torn nerves, they cannot be reattached to the spinal cord. 

Treatment for Erb Duchenne Palsy and Erb’s Palsy Injuries

Erb’s palsy injuries often require costly treatment, such as surgery, medications, and ongoing therapy. In some cases, these treatments may take years to complete. We encourage you to get in touch with a qualified attorney for guidance on what treatment you should prioritize, and what could be paid for in the event of a lawsuit. An Erb’s palsy injury attorney can evaluate your case and determine whether you may be eligible for compensation for your child’s medical expenses and other damages.  

Nerve repair is a slow process and can take anywhere from a few months to several years, if a full recovery is even possible. 

The primary nonsurgical treatment for Erb’s palsy is physical therapy. In addition to seeing professional physical therapists, parents and caregivers need to take an active role in helping infants keep their functioning muscles strong and joints limber. There are specific exercises that help improve and maintain the range of motion in the shoulder, elbow, wrist, and hand. This can also prevent joints from becoming permanently stiff (a condition called joint contracture). 

If there is no change over the first 3 to 6 months of treatment, your doctor may suggest surgery on the nerves to improve arm and hand function. Although nerve grafting, nerve transfer, and tendon transfer surgeries can help repair nerves, typically they don’t restore normal function and aren’t as effective in older infants and children.  

Can you sue for Erb’s Palsy?

Filing an Erb’s Palsy Injury Claim 

The physical, emotional, and financial costs of living with Erb’s palsy should not be underestimated. Many children who suffer from Erb’s palsy will be permanently afflicted with weakness in the shoulder, arm, or hand. The affected arm may even dangle and appear smaller than the unaffected arm. This size difference becomes more noticeable with age, which can cause emotional and social issues. 

Medical treatments (such as surgery, physical and occupational therapy, and adaptive devices) can be extremely costly, especially if the treatment also requires long term care. As such, damages in Erb’s palsy cases tend to be significant. 

The claimant is also likely to be entitled to damages that include pain and suffering, emotional distress, and wage loss. The value of an Erb’s palsy claim will depend on the extent of the injuries, how they have affected one’s life, the future prognosis, and the circumstances surrounding the injury’s occurrence. 

An Erb’s palsy lawyer can evaluate your case and advise you of your options. 

Contact Our Erb’s Palsy Lawyers Today 

If you believe that you have an Erb’s palsy claim, call us as soon as possible to consult a birth injury malpractice attorney or contact us online. Consultation is free and confidential – if you decide to not move forward with your case, there is no commitment. 

Further, our Erb’s palsy injury attorneys work on contingency, which means you won’t incur any out-of-pocket costs. In other words, you pay absolutely nothing (unless our attorneys successfully recover compensation on your behalf). 

We look forward to speaking with you. 

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