As more and more states sign on to the multibillion-dollar settlement with Purdue Pharmacy and the Sackler family, it is important to remember that this entire series of events would not have been possible without the intervention of medical professionals. Opioid prescriptions unbarred the door through which a massive flood of addictions, overdoses, and deaths flowed.
Multiple doctors have been arrested for fueling the epidemic. From doctors who prescribed opioids without a legitimate medical purpose, to pharmacies and doctors who funneled millions of opioids into towns of a few thousand, there have been many brazen acts over the span of this struggle.
Obviously, these extreme cases have been so bold that there is little doubt in their criminality and their liability. A more complex question, however, is what to do about the individual doctors who helped fuel addictions in much more subtle ways.
As the opioid epidemic continued, some patients would inflict injuries on themselves in order to acquire more of the addictive narcotics. The question then shifted. If a doctor was prescribing opioids to a patient who had an injury but was also potentially addicted to opioids, is the malpractice in writing the opioid prescription to manage the pain or in allowing the patient to remain in pain but not feed their potential addiction?
In determining the liability of medical malpractice, the doctor must be found to have at least been negligent. A case study from the U.S. National Center for Biotechnology Information examines what it calls the “Four Ds” for determining liability. These are:
Since doctors are expected to care for their patients, the first D is almost always met unless the patient was not assigned to that doctor. Unfortunately, when it comes to determining fault in the opioid epidemic, the other Ds are not as easily handled.
Writing an opioid prescription could be considered dereliction if it was not an approved or common method of treatment. One of the main issues of the opioid epidemic, however, is just how common it was for doctors to prescribe opioids for a variety of pain management situations. Before knowledge of the dangers of addiction was widespread, all doctors had were the materials given to them from manufacturers who claimed that their opioids were not addictive.
Showing how an opioid prescription directly caused opioid addiction may be possible, but fully capturing the extent of the damages can be difficult to quantify and even more difficult to compellingly argue. While a mass torts attorney can effectively argue that the companies should have known better, if you or a loved one have had your opioid addiction fueled by a medical practitioner, you may need a medical malpractice attorney.
An experienced medical malpractice attorney can not only effectively frame your case, but they can also produce expert witnesses who can testify as to whether or not it was reasonable to use potentially addictive opioids as opposed to a safer alternative. Their experts can also argue whether it would be reasonable for a doctor or practitioner to understand the risks when they wrote your opioid prescription.
With the right medical malpractice attorney, your case can have a dramatically better outcome. The best place to find the right medical malpractice attorney is with Attorney at Law.
At AAL, our nationwide network of attorneys and law firms allows us to match you with the best attorney in your area. Our partner firms have the resources, legal expertise, and experience to guarantee the best outcome for your case.
In addition to their ability to fight the largest medical corporations, our partners are also unparalleled in their client care. Our partners understand the stress and trouble that a lawsuit can cause. That’s why our partners make it their mission to provide empathetic and understanding care in addition to top-notch legal representation.
Don’t wait. Contact AAL today for a free, no obligation consultation and begin your journey to justice
Medical malpractice is a commonly heard term but rarely understood. Many medical dramas will have an episode in which one of the stars is accused of malpractice but these shows rarely go deeper about what malpractice is.
That’s because medical malpractice is a very broad term that can apply to any situation where a patient is harmed by a doctor, nurse, or other health care provider failing to provide proper health care treatment. Below are a few of the most common forms of medical malpractice that patients have filed lawsuits over.
Anesthesia Errors
One of the most important jobs in a surgical situation is the anesthesiologist. This medical professional’s entire job is dedicated to ensuring that patients are properly numbed or unconscious for the full duration of the procedure. If there is an error in anesthesia, not only does the patient experience all of the pain of their surgery, but sometimes they can still be sedated and unable to scream or move.
Childbirth Injuries
From failure to diagnose potential health concerns with the mother, to concealing potential birth defect information, childbirth injuries cover a broad range of injuries, both physical and emotional, that take place from the first pregnancy appointment up to the birth.
Failure to Treat
A patient who is discharged early or is not believed by their health care provider and goes on to suffer an injury has been harmed by that provider’s failure to treat. This failure arises from a health care provider’s responsibility to treat every patient fully and to the best of their abilities.
Medication Errors
If a patient is given the wrong medication or the wrong dosage, the effects can be life-threatening. If a healthcare provider administers the wrong dosage of medication, this is a more serious type of medication error.
Misdiagnosis
Medicine may be complex, but if a doctor repeatedly fails or refuses to administer tests for a disease that then grows uncontrollably, and instead diagnoses the patient with a minor ailment instead, that misdiagnosis can be dangerous or even life-threatening.
Surgical Errors
A surgeon trains for years to master the bodily precision necessary to perform complex surgical procedures safely. If, for whatever reason, that surgeon fails to perform the operation safely and accidentally causes a life-threatening injury, then a medical malpractice lawsuit for a surgical error can be filed.
If you have been the victim of medical malpractice you will need an experienced medical malpractice attorney to help you pursue justice. A medical malpractice attorney will be able to advocate for you even if you are physically unable to fight.
The best place to find an experienced medical malpractice attorney is Attorney at Law. At AAL, our nationwide network of attorneys and law firms will pair you up with the best attorneys in your area. Our partners have seen the horrors of malpractice and the damage that can occur. That’s why the firms we partner with don’t just prioritize your case, they prioritize your experience.
Don’t wait, contact AAL today for a free, no obligation consultation and begin your journey towards better health today.
When you are going through labor, there is already enough stress on your mind - you shouldn’t have to worry about birth injuries on top of that. There is, however, a sad reality: accidents do happen, and medical malpractice can lead to a variety of birth injuries.
These injuries may cause short-term damage, or lead to lifelong disabilities. In the event that your baby is injured as a result of a doctor's negligence, you should receive compensation - regardless of how long the damages may last.
Here are a few of the most common birth injuries, ranging from mild to severe:
Cerebral palsy is defined as a neurological disability in which brain damage affects the ability to properly control movement and coordination. This condition has no known cure, but there are several treatments available to help manage symptoms.
As one of the most common birth injuries, cerebral palsy affects about one in every 345 children in the United States, according to the Centers for Disease Control and Prevention (CDC). There are many malpractice lawsuits involving cerebral palsy, since it is often preventable and caused by inadequate care during labor and delivery. It may be caused by insufficient oxygen supply to the baby during childbirth or head trauma from the misuse of medical equipment such as vacuums or forceps. Children diagnosed with cerebral palsy may suffer from difficulties eating and swallowing, seizures, vision impairments and intellectual disabilities.
Brachial plexus injuries may occur as a result of nerve damage in the shoulders, arms, hands, or fingers. This condition can limit muscle function and sensibility, and in some cases, lead to long-term paralysis. According to the American Academy of Orthopedic Surgeons, 1 out of 1000 babies are born with brachial plexus injuries. In most cases, it is caused by medical malpractice during childbirth. This may be due to excessive stretching of the baby’s neck or head during delivery, pulling of the baby’s feet during a breech delivery, and getting stuck in under the pelvic bone or in the birth canal for prolonged periods of time during delivery.
When the nerves are stretched in these situations, they can tear out of the spinal cord, resulting in irreversible damage.
During childbirth, facial paralysis may occur, which can limit the baby’s ability to move parts of his or her face. It occurs in about 0.5 out of 1000 live births. Excessive pressure applied to the infant's face during delivery can cause serious nerve damage, as well as the improper use of forceps, vacuums, or other tools used to deliver the baby.
This birth injury is typically first noticed when the baby cries. If it seems like there is no movement on one side of the face or one of the eyes won’t close, there may be facial paralysis. In cases where the nerves were simply bruised, movement will usually return within several weeks. However, torn facial nerves may result in surgery or even long-term paralysis.
Newborn cephalohematoma is a relatively common birth injury caused by head trauma during childbirth. In these cases, bleeding occurs in an area between the skull bone and its muscular covering. In most cases, it appears as a raised bump on the baby's head that resembles a bruise. Over time, the mass will calcify and generally disappear on its own.
Most newborn cephalohematomas are caused by the use of forceps during delivery. Cephalohematomas occur in about 2.5% of difficult or prolonged vaginal deliveries. The use of forceps or vacuums during these deliveries, however, increases the risk to about one in ten babies. While this condition usually resolves on its own within a few months, cephalohematomas have several long-term risks including jaundice, anema, meningitis or hypotension.
A fracture of the collar bone, also known as the clavicle, is the most common fracture sustained by newborns during labor and delivery. The clavicle fracture occurs when the collar bone breaks during a difficult or traumatic labor and delivery. An increased risk of fractured clavicles may be associated with larger babies and mothers with certain shapes of birth canals and pelvic bones. Between 0.2% and 4.5% of newborns suffer clavicular fractures. Fractures of the clavicles are often accompanied by crying and limited movement of the injured arm. The fracture is diagnosed using an x-ray or ultrasound image of the affected bone. Babies with fractured clavicles usually recover on their own, although the baby’s arm may need to be immobilized to prevent unnecessary movement while it heals.
Birth asphyxia, also known as perinatal asphyxia or neonatal asphyxia, occurs when a newborn is deprived of oxygen during the birth process, usually causing brain damage. It is also referred to as the failure to establish independent breathing at birth. It may be caused by a deficiency of oxygen in the blood or insufficient blood flow to the baby before or immediately after birth. This condition is not typically a direct cause of medical malpractice, but a doctor or hospital staff can become responsible for the injury if they failed to detect the warning signs of birth asphyxia or they did not respond quickly enough to stop it. Symptoms of perinatal asphyxia include pale or bluish skin, labored breathing and seizures.
As one of the leading causes of neonatal mortality, birth asphyxia accounts for about 900,000 deaths each year.
This common birth injury refers to significant swelling of the soft issues on a baby’s head. Caput succedaneum may occur when a doctor uses a vacuum to help move a baby out of the birth canal. Although caput succedaneum is generally temporary, the force of the vacuum can cause severe swelling of the brain that may result in permanent damage. Caput Succedaneum occurs in approximately 2% to 33% of babies.
Doctors and other medical providers will typically take measures to prevent this condition. However, if improper precautions were taken and your baby is diagnosed with caput succedaneum, you may be entitled to compensation in a medical malpractice lawsuit.
Medical providers are vested with one of life’s most serious responsibilities: they are often left in charge of our lives, health, and general wellbeing. Doctors spend many years of their lives studying and training to prevent errors in the field, but unfortunately, medical mistakes happen. Oftentimes, these mistakes can mean a matter of life or death. In fact, recent studies have shown that medical errors may account for up to 251,000 deaths in the United States each year, which would make these errors the third leading cause of death in the country.
Doctors are sued for medical malpractice when they provide care that is below the standard of care. You might want to consult a lawyer about filing a medical malpractice suit in the following situations:
Diederich Healthcare reports that 33% of medical malpractice allegations stem from misdiagnosis or failure to diagnose. Whenever a medical professional provides an incorrect diagnosis, it is known as a misdiagnosis. As a result of a misdiagnosis, a patient may receive unsuitable or inadequate treatment for his or her present condition, which could lead to injury or death. For example, assume that you are experiencing breathing problems, so you visit the doctor. The doctor diagnoses you with pneumonia and prescribes treatment. However, your condition continues to worsen, and your doctor does not provide any alternative treatment. Upon seeking a second opinion from another doctor, you are informed that you have lung cancer that has now spread to the point of being incurable. Your doctor’s initial misdiagnosis and failure to diagnose the lung cancer could be grounds for a medical malpractice suit.
There is also the possibility of a delayed diagnosis. In these instances, the medical provider correctly diagnoses the patient, but not within a reasonable amount of time. By the time the doctor provides the diagnosis, it may be too late for treatment.
Medical providers may fail to order the correct tests or perform an exam in time for a diagnosis to be made, resulting in a delayed diagnosis. For example, suppose a doctor notices abnormalities in a blood test that signify a stomach problem, but does not order further tests. Later on, the patient’s stomach ruptures, which could have been avoided if the doctor had ordered the tests earlier, diagnosed and treated the issue on time.
Providing proper medication prescriptions is one of the most important roles of a doctor. With that, there are many mistakes that a doctor can make while providing medications. According to Fierce Health Care, medication errors cause at least one death every day in the United States. When doctors administer the wrong dose of medication due to a mathematical error or even poor handwriting, they may face a medical malpractice lawsuit. It is also possible for doctors to make mistakes when administering drugs to their patients. Medications can cause serious damage if they are accidentally injected into the bloodstream instead of muscles, for instance.
Preventable surgical mistakes are one of the leading causes of medical malpractice lawsuits. While there are plenty of surgical errors that aren't life-threatening, there are some that can result in serious injuries or even death. Anesthesia errors or leaving a tool or material inside of a patient are two common surgical mistakes. Moreover, a doctor may perform wrong-site surgery, which means he or she accidentally operated on the wrong part of the patient’s body or operated on a different patient entirely. Surgical errors often occur as a result of poor communication, such as the doctor improperly communicating the correct dosage of anesthesia to the nurse. The surgeon may also be negligent if he or she is fatigued, unprepared, incompetent, or inexperienced.
Several complications can occur during childbirth that could cause harm to the baby, known as birth injuries. The medical providers who delivered the baby may be liable for medical malpractice if they could have prevented this harm. Generally, birth injury malpractice occurs when a doctor fails to assess or treat a condition or problem during childbirth, or if negligent prenatal care causes harm to the infant. In these cases, the patient must prove that the doctor’s treatment during prenatal care as well as labor and delivery fall below the generally accepted and reasonable standard of care. Failure to perform a medically necessary C-section or misuse of tools or equipment during childbirth can constitute medical negligence.
The duty of informed consent requires doctors to warn patients about certain known risks of procedures and treatments. The doctor must disclose several factors to the patient such as the treatment’s success rate, risks of both receiving and not receiving the treatment, and alternative treatment options. A doctor may be liable for medical malpractice if a patient, after being informed of possible risks, would not have chosen to undergo the treatment or procedure. In most cases, the patient must prove that he or she has suffered an injury or loss due to the doctor’s concealment of pertinent information.
One of the primary roles of a doctor or medical provider is to monitor a patient after or during treatment so that they can respond quickly if something goes wrong. Medical malpractice lawsuits can be filed by injured patients against doctors who did not properly monitor their health status, conditions or vital signs. For instance, doctors are obligated to keep close tabs on patients under anesthesia and monitor for changes in vital signs that may indicate an adverse reaction. Doctors may also be held liable for injuries or losses that occur while they were were meant to be monitoring patients under observation, such as a head injury or suicide risk patients. Furthermore, both the mother and baby need to be closely monitored during labor and delivery. There can be birth injuries or serious health problems for the mother if the doctor does not observe signs of problems or distress during childbirth.
In 2016, data analyzed by researchers at Johns Hopkins University and published in the British Medical Journal revealed that each year from 2000-2008, more than 250,000 people died prematurely because of errors committed by medical professionals.
That made negligent medical care the third leading cause of death, surpassing deaths attributed by the next leading cause—respiratory disease—by approximately 100,000 annually over that period.
Medical malpractice remains the third-most prevalent cause of death and accounts for a staggering 10% of all deaths from all causes. According to CNBC, other data suggests the number of deaths attributed to medical negligence may be as high as 440,000.
Additionally, thousands of others are injured every year because of medical negligence. So what should you do if you’ve recently become a victim of an egregious medical error?
You don’t want to be treated by the same doctor who caused you bodily harm. Finding another doctor or medical professional may be challenging if you live in a rural area. You may have to travel dozens of miles to find another practitioner.
If you or a companion has sustained injuries that are critical and you are unable to be transported to another medical center, you should, if possible, be transported to an ER.
Some people place complete trust in medical professionals and give others the benefit of the doubt. However, if a doctor, surgeon or other medical professional causes you harm in the first place, by no means should you allow them to correct their mistake without getting a second opinion or consulting a medical malpractice attorney.
Some people get intimidated asking for medical records, but you have every right to receive copies of your medical records. After you switch doctors or medical providers, your records should automatically be forwarded.
If for some reason your records are not forwarded, you, a family member, or another advocate can contact the office of the medical professional that caused you harm and request that copies of your records be forwarded. Do this sooner rather than later.
If you’ve been harmed by medical malfeasance, it may be tempting to skip further treatment. Experiencing egregious medical negligence may even cause post-traumatic stress disorder (PTSD). However, you shouldn’t have a total mistrust of the medical establishment. And if you still require treatment for an injury or disease, putting it off can have harmful results.
A licensed therapist or psychologist can help you process the fear and anxiety that arises from being a victim of medical malpractice. Receiving cognitive therapy may be fully covered, depending on your health insurance plan.
Keep up to date with all prescriptions and other treatments as well as medical appointments.
When you have a skilled advocate working on your behalf, you won’t feel like you’re living through the nightmare of a medical malpractice injury alone
The best way to find an expert medical malpractice attorney in your area is Attorney at Law.
At AAL, our nationwide network of attorneys and law firms can match you with a local attorney who has the experience and resources necessary to pursue your malpractice case to its fullest extent.
Our partners focus on the client experience and treat your case with the urgency it needs. Additionally, our partners work on contingency for all personal injury cases. That means if you don’t win, you don’t pay.
Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to better health.
Medical malpractice is a common fear of many in the medical profession. While the line between what is and isn’t medical malpractice can be hazy, who can commit malpractice is also worth examining.
The most obvious answer to who can commit malpractice is people practicing medicine on a patient. Health care professionals who can be accused of malpractice include:
In short, anyone who came into contact with the patient and harmed them is liable. This personal responsibility may include failing to diagnose, treat, or act on an illness or medical condition that is affecting the patient.
Hospitals are a legal entity and they can be either directly or indirectly responsible for committing medical malpractice. If the hospital itself is neglectful, they have directly committed medical malpractice. If an employee is negligent, the hospital may be indirectly found responsible for the malpractice.
A hospital can be directly negligent if it hires an employee but fails to properly conduct a background check on an applicant’s qualifications. A hospital is also negligent if it allows an attending physician to practice without checking them beforehand or if it allows a doctor to practice when the hospital knows or should have known that the doctor was not competent.
If a patient is injured as a result of the hospital’s negligence, then the hospital can be found liable for medical malpractice. Additionally, if a hospital employee acts negligently, they can also be found liable for malpractice as the superior of that employee.
In some special cases, pharmaceutical companies can be found liable for committing medical malpractice. While they are typically shielded from liability by their relationship with physicians, if the manufacturer does not adequately inform the physician of the side effects or other aspects of the medication, they may be liable for malpractice.
If you have suffered a medical injury that you believe is due to malpractice, you will need an experienced medical malpractice attorney to help you pursue your case. The best way to find an experienced medical malpractice attorney in your area is with Attorney at Law.
At AAL, our nationwide network of law firms and attorneys ensures that we can match you with the best attorney for your case in your area. Our partner firms are carefully selected based on a number of factors including:
At AAL, we understand that filing a lawsuit is stressful, so we partner with firms who take the stress out of the equation. Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to recovery.
