Mesothelioma, Lung Cancer, Asbestos Exposure and Other Tragedies You May Ignore (Reading About)

Lung Cancer, like all forms of cancer, is a terrible disease. It leaves its victims in so much pain and throws away their quality of life. It is caused through a variety of ways, the most popular one being tobacco smoking. Not surprising, considering the vast amount of people across the world who smoke. Less commonly known causes include exposure to petroleum gases you tend to inhale when at a filling station, exposure to asbestos and consistent exposure and/or inhalation of smog like that of being trapped in a gridlock rush hour.

A very rare form of lung tumors is mesothelioma. It affects a handful of people, for example in the United States, but its incidence rate is significantly growing, i.e. a lot more people than previously are being diagnosed with the malignant tumor. The cancer to a large degree can be caused by unprotected & prolonged exposure to asbestos. An outrageously high amount of the brave HERO rescue workers who endangered their lives to fight the madness of 9-11 as it unfolded in New York, developed mesothelioma and other (somewhat) preventable types of lung cancer. A lot of the SAINT rescue workers, beloved by their families, friends communities and country, sadly already passed away in the near decade since the atrocity was cowardly committed by terrorists.

There is no known cure for it to date. It is a horrible monster befalls unassuming, everyday people and shatters entire families. Many families grieving the loss of their loved one(s) are left to pick up the pieces from the havoc wrecked by the nightmare. Since mesothelioma is so much of a rare disease, it's very difficult for those left behind to come to terms with the realities of it, i.e. why it had to happen; 'If it's so rare, why did it have to happen to me/us etc?' I have had the chilling experience of witnessing a lady interact with group members of a mesothelioma forum, first asking everybody to keep her uncle in their prayers as he's battling mesothelioma, then returning a few days after to announce that he had passed away. This was very disturbing, especially as I was amongst the people who sent her goodwill messages to console her when she first made the announcement.

Due to the fact that mesothelioma is more often than not developed through the exposure to asbestos, it can unfortunately present itself in a number of (potentially) hazardous situations, if proper care is not taken to observe and inspect the environment at home, school, work or many other places. In the United States, for example, there have been a growing number of incidents of official/authoritative negligence on part of school boards, employers, government ministries etc to ensure that respectively children, artisans, civil servants etc are protected from (potentially) dangerous exposure to asbestos by protective means or even denial access.

The Mesothelioma & Asbestos Awareness Center reported "Those who've studied the potential hazard of asbestos caused by the collapse of the World Trade Center estimate that more than 110,000 people may have suffered serious exposure including 80,000 tower workers, 30,000 local residents, and 4,000 first responders. Deborah Reeve was the first 9/11 emergency responder to die of mesothelioma. Doctors agree that her exposure to asbestos was a result of her days spent working at the recovery site."

By and large, many organisations and institutions tend to flout regulations and health & safety procedures stipulated by law or stick to them in a completely unacceptable manner. Thereby, people are put at risk of contracting the disease and/or those who have already been diagnosed with mesothelioma are left uncared for, unattended by institutions and unable to get the professional and highly competent support and assistance they require, in a legal capacity.

The track record of legal experts in the fields of lung cancer and mesothelioma has been impressive; incredible amounts of compensation have been paid out to families of mesothelioma sufferers, in support of their plight to fight the cancer and address the gross maltreatment and inequality they have experienced at the hands of their academic or vocational superiors. It is therefore advised to quickly seek the help of a trusted legal expert, with a proven track record on lung cancer and mesothelioma litigation cases to best address the legal needs in the way it is deserved to have it treated.

Under no circumstances does this article intend in any way to discredit the United States of America. The content has been attempted to be portrayed as factually as possible. Any subliminal mocking of any nature that could possibly be inferred from it, is completely unintentional.

References:

The Mesothelioma & Asbestos Awareness Center http://www.maacenter.org/jobsites/WTC/asbestos.php

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Medical Tools Sometimes Left Inside Patients After Surgery: Three Ways To Avoid Becoming A Statistic

Fortunately, it happens infrequently. That's little comfort to the one in 5,000 surgical patients who end up with medical tools left inside of them after an operation.

Numerous strict procedures are in place in most hospitals to minimize the risk of losing track of surgical instruments during a procedure. Nevertheless, the numbers of these instances are believed to be on the rise worldwide.

It's difficult to pin down the numbers of cases of medical tools being left in patients' bodies after operations. This is because there are few or no national or international, standardized methods or requirements for disclosing such information publicly.

Instead, it's often up to individual surgeons and hospitals how to record and whether to divulge to potential patients such cases of "lost" surgical instruments. Most choose not to make it widely available. The result is a public that is largely unaware of the possible risks of going home after surgery with medical tools inside.

Hundreds of thousands of operations are performed daily across the US alone. A vast majority are performed safely and with due diligence.

It is a very small percentage of patients that experience mistakes by physicians. This includes having surgical instruments sewn up in their bodies.

Every hospital in North America, in fact, has strong policies in place to prevent this. The most important one, which is very easy to administer and monitor, is the inventory policy.

Surgeons and/or the nurses who assist them must take a detailed inventory of every medical tool to be used in a procedure. They must then re-count and account for each one of those surgical instruments after the procedure. In theory, any missing medical tools require should lead to follow up investigation.

However, mistakes can and do occur. Many doctors concur that even just one mistake is one too many.

Sometimes surgeons realize their mistake shortly after stitching up the patient. This almost always necessitates extra diagnostic tests like x-ray or ultrasound. It may even lead to having to undo sutures or make new incisions to find and/or remove the missing medical tool. The result is longer-than-anticipated surgery times and extended hospital stays.

In rare cases, the missing surgical instrument gets overlooked altogether. Post-op patients are simply sent home to recover.

Instead, they develop recurrent infections, fevers and chronic pain. Sometimes they end up with lacerations, punctures or tears in organs or tissue from the medical tool. When this occurs, permanent damage is a possibility.

In the rarest of cases, patients may suffer from unexplained illnesses and pain for years. Unfortunately, depending on the type of surgical instrument and the location it ends up, it may not be detected by x-ray or ultrasound.

The patient may be written off by the medical community as a chronic complainer or as having a mental illness. They are sometimes misdiagnosed as clinically depressed.

They may also be diagnosed with an illness that is difficult to verify, like fibromyalgia or irritable bowel syndrome. The emotional and physical toll on such patients can be tremendous.

Surgical patients have minimal control over what happens during an operation. This is particularly true in cases where a patient undergoes general anesthesia for the procedure.

Instead, those who are contemplating or planning a surgery should plan ahead. Taking steps to prevent the possibility of a medical tool being left behind can include:

1) Ask for statistics/records: Granted, these can be difficult to obtain. Even if you ask the right questions of the right people, you may still be denied the information you are looking for.

However, you have the right as a consumer to ask questions, even if it annoys someone. Call your hospital's records department and ask if you can have access to their medical malpractice statistics. Ask in particular about cases of surgical instruments being left inside of patients.

Ask the same questions of your surgeon, too. Your surgeon may have a better personal track record than the hospital in general.

2) Find out what procedure your hospital uses to minimize the risk of losing track of surgical instruments: Some hospitals have implemented state-of-the-art bar code technology to prevent the misplacement of medical tools.

With this system, all surgical instruments are scanned by bar code into a computer prior to surgery. Surgical instruments may also then be counted manually as well. The medical tools are then re-scanned after the procedure. Computers often catch errors that humans miss.

3) Be your own advocate: If you experience unexplained pain, re-curing fever or infections or other health problems post-surgery, make a fuss. Insist that your doctor(s) do more thorough testing.

Specifically mention the possibility that you have a medical tool/surgical instrument lodged in your body. Sometimes all it takes not to have your complaints written off is persistence.

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What to Do When You Are a Victim of Medical Malpractice?

According to healthcare experts, medical malpractice has become the third main cause of death in the US. When a doctor or any other healthcare professional does something wrong or ignores their duty and harms the patient is known as medical malpractice.

If you think you or any of your close friends has become a victim of medical negligence, you need to file a lawsuit against the careless healthcare professional to recover a compensation for the damage.

To secure the rights of the victim and to prevent the responsible doctor from continuing his mistakes on other people, there are few important steps to be taken. Here's an easy to understand list that will help you:

1. If you feel you are a victim of medical negligence, ask the responsible doctor or healthcare professional what happened. Do not assume anything, judge everything critically. Do you really think it's a case of medical negligence? Doctors are ethically bound to answer their patients truthfully. However, if you think he is lying and trying to avoid you and your family or friends, it is time to sue him legally. Remember, any conversation with the responsible healthcare professional can be used as useful evidence in the court.

2. You will have to show your medical documents in the court. Without proper documents your case can be rejected. So, retain a complete copy of your medical documents and bills. If you do not have them with you, ask the hospital to provide you all the documents. This is essential to defend your rights and get adequate compensation from the responsible side. If the hospital denies or delays to give you the medical documents, that will be another evidence in your favor.

3. This is the most important step to be taken in a medical malpractice case. You need to hire a specialized medical malpractice lawyer to defend your rights. Without an experienced lawyer by your side it will become difficult to pursue your claim. A medical malpractice lawyer will investigate the case critically and arrange evidences in your favor. An expert lawyer knows how to help you get the right amount of compensation you deserve. But make sure, you are hiring a specialized and experienced lawyer with a good track record.

Being a victim of someone else's carelessness is a traumatic experience for the injured person and his family. You cannot let the responsible healthcare professional get away so easily. Medical malpractice is a serious crime. So, make sure that the criminal is not going to repeat the same thing to another patient. If you are looking for lawyers who specialize in dealing with medical malpractice, Iowa City (IA) is the right place for you. But, make sure you are hiring the right attorney who will fight for you and help you get a favorable outcome.

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Anesthesia Errors During Surgery

In many ways, anesthesia makes surgery possible. It sedates patients so that they do not feel pain. Without it, it would likely be impossible to safely perform many of the operations that are fairly easy to accomplish today.

Unfortunately, anesthesia can also be incredibly harmful if it is not used correctly. Before surgical procedures, specialized doctors administer anesthesia. These doctors, called anesthesiologists, have received training in determining how much anesthesia a person needs, administering medication, and monitoring patients during surgery.

Failure to apply this knowledge when taking care of actual patients may cause the anesthesiologist's patients serious harm.

The first avenue for potential harm is failing to determine the correct dosage for a given patient. Since all people are different, there is no set amount of medication that sedates every person; different people have different tolerances.

As such, the anesthesiologist must determine how much anesthetic an individual needs. Overdosing a patient may lead to permanent brain damage or may cause a patient to go into a coma. Underdosing a patient may cause him or her to wake up during surgery or to feel the procedure being done.

The next way to suffer harm is through improper administration. Patients receive sedation through tubes placed into their lungs from their noses or mouths. Since this is a far distance to travel, careless anesthesiologists may puncture a lung or damage the trachea when inserting tubes.

The final way a patient can suffer harm is when an anesthesiologist fails to monitor the patient during surgery. Since an individual's vitals may change during the course of a procedure, anesthesiologists must stay alert to ensure that their patients are not suffering harm because of the anesthesia.

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Things To Consider When Looking At A Malpractice Attorney

At the current time there are a few legal issues individuals will be able to manage on their own such as setting up small companies, simple wills, and basic courtroom actions. When it comes to having an issue dealing with a malpractice case though it is actually ideal to have it dealt with by a knowledgeable legal professional. A negligence or malpractice attorney will certainly understand exactly who to take legal action against, when to file suit, and exactly what legitimate arguments tend to be the most advantageous with regard to your own scenario. Other benefits for having a professional is that they will have a complete understanding of what documents to submit to the court docket and exactly when to submit them, precisely how to deal with courtroom charges, and the way to collect proof regarding your case. An experienced attorney at law will certainly also understand precisely how to deal with the lawyers that will be representing the defendant you are in litigation with. The most essential aspect though is that one's lawyer will function as your own counsel and get you the best settlement possible.

One of the most crucial characteristics of a malpractice lawyer is their ability to assist a person in analyzing their own circumstance right from the start. The legal professional will certainly evaluate the particular details associated with your own circumstance, compare it to the current rule of law, and provide you with a strategy of how to approach your case and help determine the actual chances that the case will prevail in court. Since you are the one who was injured, you will sometimes have an emotional attachment to your case. You may possibly truly feel you would like to prosecute to get even, but that does not mean that your actual case has any merit or a chance in court. It is the attorney's duty to assist a person to figure out if the actual issue is well worth ones time, and out-of-pocket costs since they will add up as the suit progresses.

A great malpractice attorney at law who is recognized amongst other attorneys in the local area will give a person a much better chance in settling the case and even maximize the amount of money you might receive. One final thing to remember is that only an experienced lawyer would be able to tell you what your case might be worth. They will have records of prior cases that are much like your own and will be able to use them to make good estimates.

Finally, make sure to hire a lawyer that is backed by a firm with a good reputation. You want an attorney with experience and a financial backing. By doing this you will greatly increase your chances of prevailing in the case.

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Defending Your Nursing License

All nurses are required to be licensed by their state licensing board in order to legally practice nursing within the state. Prospective nurses must undergo a rigorous background investigation in order to become licensed and must meet certain standards throughout their licensure in order to keep the privilege of practicing nursing. If at any point a licensed nurse is believed to have violated the standard of care or other license regulations, he or she may face a licensing board review and disciplinary action.

Nursing Grounds for Discipline

Nursing board license standards can vary from state to state. Some of the common grounds for discipline that may lead to a nursing board investigation include:

Chemical dependency Criminal arrests or convictions Fraud Medical malpractice Practicing while a license is pending Professional misconduct Standard of care violations

Defending Your Case

If you are entering into a nursing board investigation because you have been suspected of violating the standards or regulations set forth by your licensing board, consider consulting with an experienced nursing license defense lawyer as soon as possible. Just as you would never trust your medical treatment to someone without a medical background, don't trust your license defense to anyone without a strong legal background.

A good license defense attorney can help to clarify the circumstances of your case and will work diligently to protect your legal rights and interests. He or she will handle all communications with your licensing board and will work to pursue the best possible resolution for your case. You may be eligible to negotiate a case dismissal, reduced disciplinary action, rehabilitation, or other alternatives to losing your license.

For More Information

To learn more about defending your license during a nursing board investigation, visit the website of the Texas nursing license defense lawyers of the Leichter Law Firm today.

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Medical Staff And Family Of Baby With Brain Injury Settle Claim For More Than $1.0 Million

A fetus requires a continuous supply of blood in order to receive the necessary nutrients and oxygen. When a pregnant woman has significant vaginal bleeding in the late stages of her pregnancy there is a danger that it is due to a placental abruption, a condition whereby the placenta separates prematurely from the woman's uterus, which results in the tearing of blood vessels in the area and the deprivation of necessary oxygen to the fetus.

As such, medical professionals need to properly determine the cause of the bleeding and its impact on the fetus. When the bleeding is also accompanied by an abnormal fetal heart rate it may be necessary to perform an emergency C-section. If this does not happen the baby may suffer severe lifelong disabilities or possibly even die. Consider, for example, the following reported case.

In the 39th week of pregnancy an expected mother felt a stream of colorless fluid leave her went to the hospital. Once at the hospital the staff examined her and placed a fetal heart rate monitor on her. Approximately 7 1/2 hours after her admission she experienced a burst of blood from her vagina. In fact, the doctor in charge of her care observed that the blood was colored bright red. When checking the fetal heart rate monitor the doctor found that it was not reactive but rather than switch to an internal monitor to more accurately determine the heart rate of the fetus the doctor instead decided simply to keep observing her progress. An ultrasound failed to reveal the cause of the bleeding. And rather than appreciate the significance of the bleeding as a sign of a placental abruption, the doctor concluded that it was simply a sign of advancing labor.

Within 45 minutes the staff observed decelerations in the heart rate of the fetus. After another 10 minutes the monitor strips were suspicious for worsening fetal distress. Rather then checking the pH of the fetus's scalp in order to better determine the condition of the fetus or simply perform an emergency C-section the doctor and staff again continued the period of observation. After yet another 10 minutes a nurse observed a fetal heart rate deceleration down to 50. It was only at this point that they attempted their first intervention by repositioning the mother and commencing oxygen. The expectant mother then experienced another wave of bleeding and the fetal heart rate monitor showed continuing decelerations. Even with these ominous signs the nurse took yet another five minutes before calling the doctor. Despite the presence of these issues no additional measures were taken at this point.

Twenty additional minutes went by and now another wave of bleeding occurred. The fetal heart rate monitor by then was indicating average to minimal variability. Within a half-hour, despite the presence of the bleeding, the woman was placed on an epidural. After approximately 40 more minutes the first doctor was replaced by another. And still no measures were taken even though the fetal heart rate continued to include decelerations with a late component and the woman continued to bleed. The baby was finally delivered vaginally just over two hours later.

At birth the baby had difficulty breathing and showed little to moderate response. The cord's blood pH registered as acidic. In addition, the amniotic fluid contained meconium. These are all signs that the baby had been in distress. A pediatric specialist was consulted and after finding that the baby had suffered from oxygen deprivation the baby was intubated. Indeed, the delay in delivering the baby led to a prolonged period of oxygen deprivation which in turn caused severe neurological injuries. At five years of age the baby had a significant disability. He was unable to crawl or even to sit without assistance. He was legally blind. He suffered kidney damage and required a transplant. And he showed cognitive delays.

The parents brought a lawsuit on behalf of the baby naming the two doctors and the nurses as defendants. The law firm that represented the family was able to report that they achieve a settlement in the sum of $1.2 million on behalf of the family.

As this case shows a child can suffer devastating permanent injuries if a placental abruption occurs while the mother is in labor and the doctors and nurses in charge of her care do not take immediate action. Although in this case the staff performed an ultrasound which did not reveal the presence of the placental abruption, no effort was made to determine the source of the bleeding and the worrisome changes in the fetal heart rate. It is almost as though once the initial signs were discounted the medical staff was locked into a single perspective from which all subsequent developments were interpreted. As a result everything that happened was viewed as being part of a normal labor process. In a medical situation becoming fixed on a particular interpretation can, as in the case examined above, lead to a tragic outcome.

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How Obama's Healthcare Reform Bill Encourages Tort Reform

On December 24, 2009, in a straight party-line vote, the Senate passed amended House of Representatives bill HR 3590 entitled "The Patient Protection and Affordable Care Act" but commonly known as the Obama Administration health care reform bill. While the Senate must still iron out any differences with the original House of Representatives bill in committee, there is a substantial likelihood that some form of reform will be passed. This achievement has been heralded by consumer advocates across the country.

However, it would be wise for the pundits and supporters to exercise caution should the bill pass. Many concerns have been voiced amongst opponents including that the bill may actually raise costs, diminish medical advancements and research, and create a stratified health care system between those receiving the government paid care and those who can afford to pay cash for desired medical treatment. Yet, one of the most probable results and consequences of the reform bill has not been discussed: the inevitable implementation of nationwide medical malpractice tort reform.

Tort reform has been raised by opponents as a necessary element of reform. Their argument, which has existed for decades to support damage caps and limits of liability for doctors, is that medical treatment is expensive in large part to lawsuits brought by patients against their doctors and health care providers because of alleged medical negligence. These lawsuits have forced medical malpractice insurance companies to raise insurance premiums for doctors across the board, particularly in risky fields such as obstetrics and cardiology. In turn, the high health insurance premiums are passed along to the patient in the form of higher prices and health insurance costs. Their position, in sum, is that any discussion of health care reform designed to reduce medical costs must include implementation of limits on civil damage and liability for doctors.

Prior to the health care reform bill there was some validity to this theory. If one assumes that health care is a valuable public resource or right and the government has an interest in managing the cost and accessibility of health care for the public, then medical malpractice tort reform may very well be allowed a special exception in general tort law that would bar or limit monetary compensation for injured patients in some cases.

Without further addressing the validity of this argument--much of which is demonstrably false through readily available facts such as medical malpractice insurance company profits derived solely by the high premiums charged to doctors compared to claims paid to injured patients--the argument for medical malpractice tort reform will only be strengthened with the passage of the reform bill. In fact, national medical malpractice tort reform is all but guaranteed as the government's interest in managing health care costs moves from theoretical to real.

We know very little about the health care reform bill. One thing we do know, though, is that the bill will create a board called the "Independent Medical Advisory Board"--a government bureaucracy tasked with cutting health care costs. This panel has been famously been called a "death panel" by former Vice-Presidential Nominee Sarah Palin because it would arguably ration health care procedures as a way to eliminate or reduce the frequency of procedures which provide less benefit than the costs that are incurred (e.g., unnecessary diagnostic testing, barring payment of mammograms for women under 50, etc.). Regardless of what the panel is euphemistically called, rationing will be an inevitable result to save the government and taxpayer costs on the front end side of the health care transaction.

Equally likely, the Board will eventually adopt medical malpractice tort reform as a way to limit costs on the back end side of the health care transaction. Like MediCare and Medicaid, doctors and health care providers will be asked to accept artificially low payments for their service thereby reducing their profit margin and their willingness to participate in the new federal health care system. One incentive the government can provide to these doctors--perhaps the only incentive--is to assist in reducing malpractice insurance costs by limiting medical malpractice lawsuits and damages.

Medical malpractice reform has already been raised by the American Medical Association as a way President Obama can earn their members support during the passage of this controversial bill. Understandably, Obama has been reluctant to agree to such a concession as both he and the Democratic Party rely heavily on the donations of trial lawyers for their political future. Yet, what happens when the Republicans win the White House, political favor turns, or the cost of the federal health care program skyrockets? Undoubtedly, pressure would mount for tort reform to be implemented, perhaps to such a level that politicians and bureaucrats would be forced to concede.

This is a sad, inevitable, and ignored consequence of the proposed health care reform bill. Under most states' medical malpractice statutes, a doctor cannot be found liable for injuring a patient unless their care fell "below the standard of care within the community". That means a doctor must not be merely negligent, but nearly grossly negligent, before he can be found responsible for his patient's injuries caused by his treatment. Clearly, doctors who meet this standard should be held responsible for their conduct and their patients should be compensated. To balance part of the nation's health care costs on the backs of these injured patients is simply wrong.

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Foreign Objects in Body Cavities

Finding a surgeon that you trust can be a difficult process. Even the most routine procedures offer a certain level of risk, which reiterates the need for the highest level of professionalism.

Surgical errors are somewhat common, but when negligence is the cause of a mistake that can have exceptionally painful consequences, the medical professionals at fault can be held liable. One form of medical malpractice that can be especially dangerous for patients is the loss of a surgical tool inside the body cavity. When foreign objects are left inside a body, they can cause a large amount of physical pain and suffering.

After discovering that your trusted surgeon and their team has made such a huge error, the following recovery process can be lengthy and difficult. Foreign objects left in body cavities can cause side effects such as: infection of the surgical site that can spread to other parts of the body, damage to organs which may lead to organ system failure, severe pain, and a subsequent surgery to remove the foreign object. Although any surgical tools can be left in the body, the most common are fabric based items such as gauze, towels, or sponges that can begin to look like the inside of the human body during a procedure. Items such as scissors, needles, and clamps are also commonly left behind.

This sort of careless behavior on the part of a medical team can lead to expensive bills and furthered medical expenses aside from the initial physical and emotional trauma.

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The Absence of Informed Consent

If you or a loved one has to seek medical attention at a hospital or clinic, you should feel confident in the medical professionals' skills and competency. However, not every physician, nurse, and technician is competent or careful in their duties. In fact, millions of dollars have been spent by insurance companies to defend doctors whose careless performance resulted in patient injury or death.

If you have been injured by clinic or hospital staff, you should not have to face insurance companies and the legal system alone. It would be in your best interest to have sound legal counsel beside you, working hard to help you achieve the results you deserve.

Your Right to Informed Consent

As a patient under the care of a medical team, you have the right to be asked if you consent to any non-emergency treatment. However, if your life is on the line and doctors must make immediate decisions, there probably isn't time to ask you for your consent.

On the other hand, if you are not unconscious and the treatment is not emergency treatment in nature, asking for your authorization first is required. If a physician failed to fully inform you of any dangers inherent in a treatment and you were injured as a result, you may have grounds for a medical malpractice case.

If you or a loved one has been injured by hospital or clinic staff member's failure to secure informed consent from you before going ahead with a treatment or procedure, you may be entitled to compensation for your loss.

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The Scope of Taking Up Medical Malpractice Law As a Profession

When a doctor fails in his duty to provide adequate medical care to a patient and the latter suffers injury or illness thereafter for which he has to spend a substantial amount of money, a medical malpractice is supposed to have taken place. Medical malpractice may be caused by any person involved in health care, for example-physician, pediatrician, microbiologist, toxicologist, technicians, nursing staff and even hospital workers.

A lawyer who deals with cases of malpractice, one who is well versed in medical law and hospital systems is called a medical malpractice lawyer. He fights for the legal rights of the person who has been medically wronged. Even if the patient has signed a consent form, giving approval for treatment or surgery, the doctor cannot be relieved from the responsibility of inadequate care meted out to the patient.

Health care providers and nursing homes are strictly bound by medical laws. Any deviation from the conformed standards of care would make them liable for heavy lawsuits. Even verbal abuse is not permitted. In case any physical injury is inflicted, then the victim is entitled to permanent damages known as recovery. However failure of a medical practitioner to cure a person's illness cannot be brought before the court. Only in cases of misdiagnosis due to negligence in conducting certain tests or administering illegal drugs etc can a malpractice lawyer present a valid case. Most hospitals are covered by insurance against malpractice cases due to the heavy nature of the claims made.

Medical malpractice lawyer can devote their profession to cases related to any one branch of medicine. For example, he can deal solely with gynecological or anesthesia negligence. Such specialization is only going to rake in more income. His charges can run into 6 and 7 figures. He usually claims his compensation at the end of the case which would be a percentage of the amount recovered from the client. Usually a 1/3 percentage is claimed deducting court fees and other charges incurred during the case. Thus he works on a contingency-fee basis. Another option is to employ him on a retainer fee basis.

If the medical malpractice lawyer is part of a large firm comprising a team of attorneys, then his compensation would be in terms of the number of billable hours put forth by him. This refers o the amount of time he spends on representing the firm's clients.

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Influenza in the Nursing Home

Moving a loved one into a nursing home is no easy task. It can be incredibly stressful to pick a safe facility--one that you trust to provide your loved one with the care that he or she needs and deserves. One common concern when moving into an assisted living facility is whether it is safe to have a senior around others struggling with their health.

Luckily, most of these facilities do a great deal to protect patients from the spread of viruses and diseases. Sanitation is heavily emphasized and residents with contagious illnesses can be kept away from others. Unfortunately, when it comes to influenza, the spread of the virus is difficult to control.

Influenza spreads quickly. People who have contracted the virus may not notice symptoms of the illness for several days. During this time anyone around them may also contract the virus. Nursing homes have many common rooms and staff members who attend to multiple residents. This makes the nursing home an easy place for influenza to spread. Therefore, the staff of the facility must be extremely attuned to the possibility of influenza in their area.

The flu can affect every person differently. A healthy 30 year old's strong immune system may get rid of the virus quickly. However, small children and the elderly will have a much more difficult time recovering from this virus. Their flu may lead to other illnesses such as bronchitis, sinus infections, pneumonia, or brain infection.

If influenza is not treated properly in a nursing home, the result can be deadly. Prompt treatment is essential in curbing the serious health issues the virus can cause.

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Suing on Grounds of Pharmacy Negligence

Does the pharmacist have a duty to care? Can a patient sue a pharmacy for being negligent? The answer to the first question is a yes. However, only a competent lawyer can weigh the facts at hand and give an accurate answer to the second question. Get in touch with a legal professional if pharmacy negligence is the cause of your injury.

Florida accepts pharmacy as a profession, so any negligence on the part of the pharmacist may be interpreted as malpractice. Which incidents classify in this category? Numerous errors may fall within this category - providing over dosage or under dosage, providing wrong medication, providing wrong instructions, and so on.

Every pharmacy has a duty to care towards the patients. Therefore, it is their responsibility to take care while filling out the prescription about the right medication, instructions and dosage. It is also a case of negligence if the pharmacist fails to understand the effects of consuming different medications at the same time.

It is, however, necessary to understand that not every error is necessarily a ground for filing a lawsuit. Consider the circumstances before you go ahead and sue a pharmacy. Discuss the details with your lawyer. Only when you are sure that it was a negligent action, you can file for damage recovery.

Keep in mind, the lawsuit is for damage recovery, therefore, damage is a preceding clause in the dispute. For example, the pharmacist in Orange County gives you the wrong dosage but this does not cause any serious harm to you. In such a situation, you do not have a strong enough ground to file a case.

Many think that in such a case, the Florida statute of limitations is four years. However, this is incorrect. Any personal injury case has a statute of four years but the cases involving pharmacy negligence has a statute of two years. Therefore, if you think your pharmacist's negligence was the cause of your injuries, talk to a lawyer now.

It is necessary to consult an Orange County Florida lawyer, with knowledge and experience in handling such cases, immediately. Without competent legal assistance, it is difficult to establish the occurrence of pharmacy negligence. Moreover, only a lawyer is capable of assessing the damage, with the help of other experts.

Check out the lawyers in your county, get their details, choose a few, contact them for an initial consultation and discuss your case.

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Brain Damage During Birth

It is an unfortunate fact that many babies suffer brain damage during birth. It is an even more unfortunate fact that many of these instances of brain injury are preventable. In many cases, negligence on the part of the delivering physician can leave your baby with permanent brain damage.

Brain injuries during birth usually occur when doctors try to force babies out of the birth canal. Babies' skulls are not entirely ready to shield their brains from trauma, increasing the frequency of brain damage, especially when mishandled.

Babies that suffer brain injuries may be left with permanent effects, including cerebral palsy, paralysis, and learning disabilities. Sadly, there is no cure for these conditions, and your child may have to live the remainder of his or her life facing these difficulties.

In more serious cases, brain damage suffered during birth can cause life threatening conditions, such as brain hemorrhaging.

Though treatment may be available for the non life-threatening conditions, these options are usually very expensive, and your child's conditions will only be made more manageable rather than cured. Still, these treatment options can prove invaluable.

To help offset the costs of treatment options, parents of babies who suffered brain damage during birth because of doctor negligence may choose to file legal action against the responsible physicians. Filing legal action may result in the parents receiving financial compensation.

Individuals wishing to sue their physicians for financial compensation are advised to seek the assistance of an experienced legal professional who specializes in birth injuries. While hiring an attorney does not guarantee victory in any given case, having legal representation may increase the likelihood of victory.

If your baby suffered a brain injury during birth that threatens to permanently alter his or her life, discuss your legal rights and options with the Pennsylvania birth injury attorneys of Lowenthal & Abrams, P.C., today.

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Understanding the Risk of Surgical Errors

Surgical errors of any type can be devastating. Most patients enter into surgical procedures expecting to improve their health, not to lessen it. Whether a surgery is performed to repair internal damage, remove a harmful growth, or to implement a medical device that will benefit the patient, it should be performed with the utmost care and concern.

Despite the extensive knowledge and training of most surgeons, accidents do occur. But an accident or mistake during a surgical procedure can have damaging results and can actually worsen a person's health instead of making it better.

There are a number of different ways that surgical errors can occur. Most of these errors occur when there is miscommunication of some kind or the surgeon is working with limited time. Surgical errors can also occur during emergency operations in which a doctor may not be able to fully prepare for the surgery. If time restraints are associated with the surgery for any reason, this can contribute to surgical error.

Finally, if multiple surgeons will be operating on a single patient, improper communication can lead to errors in surgery. Not every negligent surgical action is the same. An error can occur if a surgery is performed on the wrong site or if the wrong procedure is performed on a patient.

Also, errors during surgery can include leaving foreign objects in a patient or exposing a patient to dangerous and improper hygiene practices. Any error made during a surgery can have serious consequences on the life of a patient, and there is simply no excuse for negligence on the part of a surgeon or other medical professional.

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