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MEDICAL MALPRACTICE INFORMATION CENTER
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At some hospitals, 18-36% of patients may suffer harm from a medical mistake that causes injury or death. |
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Louisiana Medical Malpractice Attorneys
Medical malpractice is a betrayal of the trust that patients put in doctors, nurses, and other healthcare professionals. At Lewis, Kullman, Sterbcow & Abramson, our medical malpractice lawyers work hard to get our clients the compensation they deserve for injuries suffered due to medical negligence. From catastrophic injuries and wrongful death to surgical errors and failure to diagnose, our attorneys have handled countless medical malpractice trials.
Many injuries and problems can result from improper medical care. If you have lost a loved one, or been injured by medical malpractice, please contact us to schedule your free initial consultation.
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Medical Malpractice - An Overview
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities. |
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Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While theoretically, you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or resolves quickly. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing.
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Understanding Informed Consent
In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed.
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Responsible Parties in Medical Malpractice Actions
Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing health care services, such as nursing homes.
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Prescription Medications: Things You Should Know
While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them.
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Frequently Asked Questions about Medical Malpractice
Q: What is medical malpractice?
A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital or hospital worker, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.
Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?
A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.
Q: What should I do if a think I have a medical malpractice claim?
A: You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.
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| Res Ipsa Loquitur
Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company.
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Medical Malpractice Resource Links
Centers for Disease Control and Prevention
Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.
Division of Quality Assurance
U.S. Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.
The Food And Drug Law Institute
Examines the laws, regulations, and policies related to drugs, medical devices, other health care technologies, and foods.
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From our law offices in New Orleans, Louisiana, our personal injury lawyers serve clients along the Gulf Coast, from Texas to Alabama. We can help clients in Florida, Mississippi, and anywhere in the US in matters of maritime law and serious personal injury.
Contact us today to schedule your free initial consultation.
toll free: 1-800-960-1526 local: 504-588-1500
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