For people who have been injured during a surgical procedure, it may be a daunting task to figure out what entity or entities to sue in order to receive compensation. Was the complication caused by human negligence or was it the fault of a medical device manufacturer? Should both the surgeon and medical device maker be sued?
The best course of action for those harmed by a medical procedure is to seek legal representation with extensive experience in handling defective medical devices or medical negligence claims.
In medical malpractice claims, individuals such as surgeons, doctors or other medical professionals are the target. Medical device defect claims, on the other hand, are by and large directed at manufacturers of the devices.
However, medical device lawsuits don’t always end with makers of the defective products. Hospitals may also be named as a defendant in a suit. If appropriate, a medical device lawsuit may also include a claim that a device was improperly implanted by the medical staff.
Deciding which defendants to name in a lawsuit is challenging and requires a skillful product liability attorney.
Was the standard of care received by the patient reasonable? Or did substandard care result in the injury? If the standard of care is deemed adequate, then the appropriate course of action would be to file suit against the product manufacturer.
A skilled product liability attorney will decide whether the injury was caused by a manufacturing defect—the most common cause of a medical device lawsuit—or failure-to-warn advertising claims, or in rarer cases, a design defect.
Where To Find the Best Product Liability Attorney
If you’ve been injured by a faulty medical device or because of medical negligence, the best resource to find highly-skilled legal representation 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 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.
Most residents of Arizona who require surgery are probably aware that complications are always a risk that accompanies any medical procedure. However, relatively few people who go under the knife expect to have the knife or other surgical devices remain in their bodies.
Surgical devices being embedded in the body after an operation may happen more than people may realize. In fact, according to one study published in 2019, the orthopedic surgery co-authors stated, “Poor reporting of patient safety incidents means that there may be as many as 1500 incidents a year of poor quality surgical instruments causing harm.”
It’s not necessarily gross negligence on the part of a surgeon, who, for example, forgets to remove a whole surgical implement from the patient, although medical gross negligence incidents do occur every year in Arizona.
Most often, harm caused by surgical devices is the result of a design flaw in the surgical instrument itself.
“The quality of surgical instruments is heavily relied upon by surgeons to perform procedures to the highest standard,” the study co-authors stated in their peer-reviewed research article.
However, as the statistics reveal, surgical instruments sometimes break during an operation. And when that occurs, the consequences can be devastating to the patient and to the patient’s family.
In 2008, the US Food and Drug Administration (FDA) published an alert in 2008 stating that nearly 1000 incidents of retained pieces of broken instruments, otherwise known as unretrieved device fragments or UDFs occurred each year.
Injuries from UDFs vary from mild reactions and infections to disability and even death. The study’s co-authors also note that the FDA alert also said that with increasing use of magnetic imaging modalities such as MRIs, there may be a corresponding increase in the number of unrecognized foreign bodies from surgical devices that may cause tissue trauma or injury.
What Should Arizona Residents Do If They’ve Become Harmed By Surgery?
If you’ve been injured by a faulty surgical device that has been embedded in your body, you need the support of an expert medical malpractice attorney.
The best resource to find a medical malpractice lawyer in Arizona is Attorney at Law.
At AAL, our 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.
For every 1,000 babies born in the U.S., approximately seven will suffer an injury. A significant portion of these injuries are highly avoidable and caused by medical negligence.
And it’s not only babies that are at risk of suffering harm caused by the incompetence of a medical professional. Despite the advances in obstetrics, women still face a significant risk of being injured or even dying during the birthing process. In fact, statistics by the World Health Organization show that expecting American mothers are four times more likely to die while delivering than their counterparts in regions like Scandinavia.
Childbirth malpractice cases are not as rare as one might think. Each year in the U.S., approximately 14,000 injuries to newborns occur because of negligence. Sometimes, medical negligence can result in serious brain injury or chronic diseases such as cerebral palsy that require round-the-clock care for the life of the injured newborn.
There are several factors that may contribute to the injury or death of an expecting mother or newborn, including:
A difficult delivery or one caused by medical negligence can result in various injuries to a fragile newborn, including paralysis, broken bones, cerebral palsy, brain damage, hemorrhaging and bruising.
If you or your child has 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 being injured during what’s supposed to be the most joyous experience of your life or having your child suffer when entering this world is one of the most stressful life events you will ever endure.
You don’t need the extra stress of filing a lawsuit. We partner with firms that take the stress out of the equation. So don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to recovery.
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.
The California Medical Association (CMA), which licenses and disciplines doctors in the state, is being criticized by state lawmakers and patient advocates for failing to hold negligent doctors accountable for their behavior, InsuranceJournal.com reported.
Critics of the board, which is composed of eight physicians and seven members of the public, have alleged that the CMA has allowed some doctors who have committed wrongdoing to keep their licenses.
Previous efforts to overhaul the CMA by state legislators have failed. A bill introduced earlier this year to provide the board with increased funding and power to investigate malfeasances such as sexual misconduct, fraud and gross negligence, is being stymied by “the most politically potent forces in California’s Capitol: doctors themselves.”
California Governor Gavin Newsom was criticized last fall for dining indoors without following the COVID-19 protocols he established for the state. Newsom was photographed dining with two members of the CMA, including the group’s top lobbyist.
In May, the CMA used its influence to amend Senate Bill 806. Had SB 806 passed without any amendments, doctors would have paid a nearly 50% increase in licensing fees. The Medical Board of California relies on those fees and is in jeopardy of being insolvent, according to Insurance Journal.
The CMA also used its influence to kill a proposal that would have increased the number of non-medical public board members. Had the proposal passed, the influence of medical professionals on the board would have been diminished.
“The strength and the power of the CMA is that they are able to deflect and obstruct the beneficial and necessary legislation to protect the consumer and to ensure the success of the medical board,” former state Senator Jerry Hill told Insurance Journal. Hill’s own attempt to overhaul the CMA was defeated four years ago.
During the fiscal year 2019-20, the CMA received nearly 11,000 complaints. But less than 2,000 investigations were initiated. The board revoked 35 physician licenses, placed 170 doctors on probation and reprimanded 108 doctors. An additional 96 doctors surrendered their licenses.
One board member representing the public, Eserick “TJ” Watkins, told state lawmakers that the CMA is biased towards doctors in allowing them to continue practicing medicine without facing consequences or rehabilitation.
Patients and their families who have testified at legislative hearings describe an unresponsive and uncommunicative board that usually allows doctors accused of negligence or malpractice to continue to practice, InsuranceJournal.com stated.
Hill, the former state Senator added, “This whole thing is part of CMA’s playbook. It’s how they operate. They hire just about every available lobbyist in Sacramento to remove the rest of what was in the bill.”
Medical malpractice and negligence aren’t limited to the state of California, of course.
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 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.
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.
