What Med Mal May Encompass

It isn't always clear what medical malpractice (med mal) is, since it seems there are new developments in medical technology daily that raise the bar for the acceptable standard of care, creating opportunities for medical malpractice.

Generally speaking, the term medical malpractice means negligence caused by health care professionals leading to injuries or the death of a patient. Medical malpractice has no particular method or place in which it strikes. It just happens to anyone, anytime, when they least expect it.

At one time medical malpractice wasn't as prevalent, or more likely, was not recognized for what it was; thus, it went unreported. It is a situation still present today, as many people don't realize they have been or are a victim of med mal. It is far too ingrained in society not to question the wisdom of doctors when, in fact, we should always ask questions as well as be our own medical advocates.

This is something not many people know: at the time of the first visit to a physician, the health of the patient is NOT the responsibility of that doctor; however, it becomes the responsibility of the doctor once treatment has commenced. A smart patient needs to keep track of doctor's appointments, diagnosis, prescriptions and treatments.

So, what types of medical malpractice are there - the most common ones? Malpractice may happen at any time thanks to a delay in treatment, the result of medications prescribed, or even as the result of improper monitoring and/or administration of anesthesia.

In general, the most common forms of medical malpractice are birth injuries and defects, wrongful death, surgical errors, cosmetic surgery errors, breast implant malpractice, dental errors, psychiatric malpractice, and unnecessary surgery. No matter what the malpractice may be, be it a breast cancer misdiagnosis to mismanagement of a heart attack, the patient has the right to file a medical malpractice lawsuit and seek compensation for damages.

A word or two of advice about filing a medical malpractice lawsuit: do not wait or you will miss the statute of limitations. Most states have a two-year limitation, but don't assume that is the case. Speak to a highly qualified attorney and find out what the statute of limitations says in your state.

If you choose to wait longer than two years, your chances of getting compensation drastically drops, statistically speaking, which isn't to say you may not get compensation, but the chances of doing so are low. If you think you are a victim of medical malpractice, seek competent legal counsel to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

While You're Under for Surgery

While you don't hear about this particular type of medical malpractice that often, it does happen, and at your most vulnerable moment prior to and during surgery.

The administration of anesthesia is a delicate art, and those trained in the field are highly skilled in using and monitoring the effects of anesthesia. This isn't to say there aren't instances where this goes awry. The recent spate of anesthesia malpractice lawsuits is a good indication that this area of medicine is just as susceptible to lawsuits as other more traditional areas of medical malpractice, e.g. misdiagnosis, severe reactions to drugs, etc.

Knowing the patient prior to putting them under for surgery is the responsibility of the anesthesiologist and requires that they not only evaluate the patient, but also confirm pre-op data and keep a meticulous record of the goals of the operation. These records must contain all pertinent information about every member of the surgical team and must also include the fact that the patient was assessed for tolerance to certain anesthesia.

While the patient is under, the anesthesiologist is responsible for the correct placement of IV lines, keeping track of the ECG, oxygen levels, and the automatic blood pressure cuff. In addition, they also take the lead role for intubating patient airways and the handling and administration of the anesthesia, medicines and oxygen, etc. Every task the anesthesiologist performs becomes a part of his or her records. These records may be examined as part of a trial.

When you stop to take a look at the role the anesthesiologist has in operations, it's not too difficult to imagine something going wrong before, during or after the surgery. Things can and do happen. Every time an anesthesiologist performs their crucial part of an operation, their intentions are to do the best job they know how to do. Rarely are their intentions to botch things up. However, if an error in judgment is made, or something else goes wrong, the patient is the one who suffers the consequences of negligence.

If you feel that you have been a victim of something that went wrong while you were unconscious and being operated on, contact a skilled medical malpractice attorney. S/he will evaluate your case and advise you on how to proceed to justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Business Is Business Law

It never fails that at some point in time a company in business will be sued. It just seems to be the general law of averages.

There are a number of things that someone could be sued for, and we're going to discuss a few or the more common ones to be on the lookout for, such as a criminal investigation. One would hope that the business would never have to face something of this nature, however, depending on which industry the business is operating in, there could be as many as ten or more regulating agencies. Imagine how many things could inadvertently go wrong with that kind of government regulation.

The disturbing thing is that there appears to be a trend to target business owners, executives and the businesses themselves for investigation and prosecution of whatever rules and regulations they may have breached. It's almost a daily news item to read about yet another company up for scrutiny for some kind of white-collar crime.

In order to ensure mostly smooth sailing, a business is best advised to offer to cooperate with all government inquiries, so long as they make sure they have an experienced attorney to field any questions that arise. This is a matter of making sure everyone knows what their constitutional rights are and what procedures are acceptable to follow during a criminal investigation.

Another area that is seemingly inevitable, is the suit filed by an employee. There are so many different types of lawsuits that may be filed; it almost boggles the imagination - from age discrimination to wrongful termination, or from pregnancy discrimination to racial discrimination.

One of the best ways to avoid this type of a lawsuit is to ensure the business has exceedingly clear rules and policies drafted by a knowledgeable attorney. Stick to the rules, treat the employees with the utmost respect, and make sure your rules and policies are continuously updated.

Interestingly enough, the other area that tends to crop up fairly frequently in business lawsuits is divorce and marital problems. Most people don't give this a lot of thought, but any contracts that deal with the business should specifically discuss this eventuality (divorce), as it may affect how business is conducted.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Scope of Personal Injury

Not everyone realizes just what the scope of a personal injury may be, although often they do understand that the injury is usually the fault of someone else's negligence.

People have a passing idea of what a personal injury is – something that hurts or harms them personally. They also mostly understand that they may be able to be compensated for personal injuries if their case may be proven in a court of law. Despite the basics that people "get," there is another fact that isn't discussed too often. That fact is that there are, generally speaking, two classes of personal injury litigation.

The two classes of personal injury litigation are cases of negligence and cases of intent. In some instances lawyers will divide these cases into specialties. Generally speaking, cases of negligence mean that harm or injury has been done to a person because of the negligence/carelessness of someone else. In these cases, the victim has to prove the defendant had a duty of care to exercise reasonable caution, and didn't – resulting in harm. To put this another way, the defendant breached a duty of care.

In instances of intentional torts, there is a very clear "intention" behind someone's wrongful actions. This is an interesting area of the law, as it doesn't matter if the injury was more excessive than intended. The facts are that there was "intent" and that kicks the case into the intentional tort arena. Compensation in these cases is hard to obtain, as insurance companies don't provide coverage for things like this. The victim may still pursue the case to make sure the defendant is punished for his or her wrongful intent.

Since these types of cases are so diversified and each one has its own set of circumstances, it's wise to consult with a personal injury attorney who is able to assess the merits of the case. The attorney will be able to advise if there is the possibility of compensation or not. Don't refrain from contacting a highly skilled personal injury attorney because the case may not be clear-cut, as every case has its merits. The attorney will advise on the best route to justice.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Aftermarket Motorcycle Parts Wrongful Deaths

Riding a motorbike is usually the pride and joy of the owner who does his or her best to keep the bike looking spiffy. To enhance bikes, many owners use aftermarket parts, a decision that may cost them their lives.

While aftermarket parts for bikes and cars are certainly less expensive, there is something to be said for the axiom, "You get what you pay for." Of course not all aftermarket parts are defective, but there have been more than enough motorbike accidents as a direct result of defective aftermarket parts, that this is a concern for bikers.

It is also a concern for motorcycle crash attorneys who deal with the hundreds of hours of minutia it takes to put together a successful wrongful death case. Robert Webb of Webb & D'Orazio, Atlanta, Georgia, handles motorcycle crash injuries and deaths, and has seen a fair number of problems with defective aftermarket motorbike parts.

"The usual problem with aftermarket parts," outlined Webb, "is that they may cause vibrations, instability in the suspension, or other problems that cause the rider to lose control of the bike." The results of a motorbike crash are never pretty and the rider often suffers severe injuries or death. When an accident is caused by a defective aftermarket part this becomes a wrongful death litigation, requiring the expertise of a highly seasoned lawyer such as Robert Webb.

"We know how to litigate aggressively on behalf of a rider who installed aftermarket parts trusting that they were safe," stated Webb. The major reason parts like this fail is mostly attributed to either poor initial design, the way the part was manufactured, or the materials used to make that part. "The bottom line is that if the manufacturing process is negligent and a part is defective, and that part is installed on a bike hitting speeds of over 55 mph or higher, the results may be a devastating crash," indicated Webb.

Manufacturers of defective aftermarket parts need to be held accountable for the lives of people who died using their products, thinking they were safe to install on their motorbike. A highly qualified wrongful death attorney, such as Robert Webb, will be able to find justice for the biker's family.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Medication Malpractice Deadly

Medication malpractice, also known as pharmacy error, is another leading cause of injuries and death in the U.S. today. This is something that Robert Webb of Webb & D'Orazio, personal injury attorneys in Atlanta, Georgia, knows.

Statistics on pharmacy errors in the U.S. are quite chilling – more than 1.3 million people have experienced and will experience the consequences of this type of error yearly. Of that 1.3 million total, close to 100,000 die. Those numbers are staggering and certainly make one take a close second look at the prescription they just picked up.

It's not just injuries and/or death that is the expected fall out from being given the wrong medication, it's the cost of treating these kinds of errors that should also give patients pause for thought. Treating these kinds of errors costs taxpayers, on average, over $72 billion a year. All this because someone was given the wrong medications.

Pharmacy error isn't just the result of the druggist giving out the wrong medications, although that is one of the possible errors. No, this error is also the result of being prescribed an incorrect dose. "There are any numbers of ways for errors like this to occur, and they include an improperly labeled drug, a dangerous combination of a variety of drugs and/or doctor or pharmacist negligence," said Robert Webb of Webb & D'Orazio, personal injury attorneys in Atlanta, Georgia.

One of the other more common errors is usually the result of either a sketchy knowledge of abbreviations for dispensing the drugs or the abominable handwriting of the doctor. It's not unusual for doctors to hurriedly write out a prescription that vaguely resembles chicken scratches.

Unless the pharmacist is familiar with the doctor, or takes the time to call, errors may be made in the proper dose of a required medication. For example, if the medication is to be taken two times a day (denoted by bid) and the handwriting appears to be a q (qid – 4 times a day), then the patient may wind up over dosing.

"Pharmacy errors are preventable to a certain extent by double-checking the medication with the doctor once the prescription is filled," added Webb. Try and make sure the handwriting on the prescription is legible before taking it to a drugstore, and write down the dose and medication before having the drug filled at a pharmacy. This allows cross-checking to ensure what the doctor prescribed is what was dispensed.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Personal Injuries Vary

Personal injuries may vary from a dog bite to a slip, trip and fall, but in all these instances the commonality is an injury to the person – hence the term personal injury.

While there may be a great number of personal injuries that plague people during the course of their lives, such as a minor sprained ankle that meant you missed work for a couple of days, these things are taken in stride as "life happens." Other categories of personal injuries, such as those as a result of a bad car crash, may carry hidden grief for years to come.

Car crashes inevitably cause a seemingly endless list of injuries from whiplash to a dislocated kneecap, from broken ribs to traumatic brain injury, and yes, even paralysis or death. The point is that in the case of vehicle collisions, not all the injuries are readily apparent within the first few days. It may take a longer period of time for the true consequences to show up.

Along with serious injuries or death comes traumatic stress, either for the injured person or for the family of the deceased. There are also countless medical bills, loss of income issues, loss of services, and of course pain and suffering, and/or funeral expenses. Personal injury cases with this kind of complexity require the services of a highly skilled personal injury attorney with extensive experience in the area of personal injury law.

Competent legal representation will make the world of difference when a case is taken to court, or even in the event of an out of court settlement. The problem is not many people truly understand that they have the right to claim compensation from a person or company responsible for their injuries. This is why if you are the victim of a personal injury, you need to speak with a personal injury attorney who will assess your case and discuss how to ensure justice is done.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Med Mal Continues

While it would be nice to think that medical malpractice (med mal) was a thing of the past, the truth is it seems to be escalating.

Doctors are human beings and from a certain point of view, are also subject to making mistakes just like everyone else does. However, because they are doctors, they have a much higher standard of care to live up to because people rely on their judgment when it comes to diagnosing illness and recommending treatments.

Statistics on the number of med mal deaths across the U.S. tend to vary, but the most common figure seems to hover about the 100,000-person fatality mark. The frightening thing about that number is that less than half a percentage of those responsible for the deaths – doctors who have made errors – are called to justice for the mistakes. This is mind boggling, as one can only imagine the number of other personal injuries that go unchallenged because "The doctor said it was OK."

Deviation from accepted medical standards by a healthcare provider is called medical malpractice, or medical negligence. Furthermore, such deviation may result in injuries or death. You should be aware that there is a fine line here between med mal and diagnostic errors. Diagnostic errors may or may not constitute negligence.

In order to be able to prove med mal in a court of law there are normally four things that have to be proven. The first criterion is that there was an actual duty that existed for the medical provider or hospital to offer appropriate care to a patient. The second criterion is that there was a failure in that duty to provide the appropriate care – "to the accepted standard."

The phrase "to the accepted standard" is often one that means many different things to different medical expert witnesses in a med mal lawsuit. What is acceptable to one doctor may not be acceptable to another. In other words, this often may boil down to differences in opinion.

A perceived breach or deviation from a healthcare provider's duties must be the direct cause of a patient's injuries or death in order to launch a med mal lawsuit; and the damages being sought in court are specifically for the injury or death that was a consequence of malpractice/negligence. While this may sound fairly straightforward, the plaintiff, who carries the burden of proving all of the four points, is facing a significant struggle if there happens to be dueling expert medical witnesses called.

Having a competent and highly qualified med mal attorney to launch a med mal lawsuit isn't just an option, it is a must have proposition. Without this kind of legal expertise at your disposal, you would not stand a chance in court. Only a thoroughly knowledgeable med mal attorney has the ability to marshal all the relevant evidence and present it in a compelling manner.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.