Catgeories: Medical Malpractice Defense,

Medication errors take many forms. For example, pharmaceutical companies can produce defective drugs, advertisers can misrepresent the medication, doctors can prescribe the wrong drug, pharmacists can prepare the wrong prescription, and nurses can administer the wrong dosage. According to the U.S. Food & Drug Administration, common causes of medication mistakes include poor communication, job stress, lack of adequate training or experience, ambiguities regarding the prescription, misapplied techniques, and patient confusion. Despite the fact that various parties could ultimately be responsible for a prescription error, patients often turn to their primary care physician for answers—and damages. Let’s examine three of the...
Catgeories: Medical Malpractice Defense,

Doctors throughout the United States perform millions of surgeries and other medical procedures every single year. In 2010, for example, doctors completed approximately 51 million inpatient procedures and 48.3 million outpatient procedures. When diagnosing and treating patients, providers always take steps to avoid mistakes, but when you consider just how many surgeries are performed annually, it is almost surprising that more errors do not occur. According to WebMD, doctors make approximately 4,000 preventable mistakes during surgical procedures every year. Between 1990 and 2010, though, there were just 10,000 payouts for related medical malpractice claims, or an average of 500 settlements...
Catgeories: Medical Malpractice Defense,

The operating room is a chaotic place. Even during routine procedures that pose few risks, surgeons are essentially racing against the clock to ensure they complete everything before the anesthesia has worn off or complications arise. Doctors need to be cautious of moving too fast in the OR, though, because rushing through a procedure can also cause complications. For example, surgeons who do not make precise incisions can puncture an organ or damage nearby nerves. Likewise, those who race to complete a procedure as quickly as possible—which is often necessary in emergency scenarios—can fail to account for every sponge, scalpel,...
Catgeories: Health Law,

Article Written By: Carlos H. Arce, Esq. During your time in medical school you never imagined that managing your own medical practice would have little to do with the practice of medicine. Medical school likely did not prepare you for the legal consequences that come with the modern-day business of medicine. Many physicians are forced to sell their practices, or worse, due to the legal liabilities that may come with owning a medical practice. A medical practice is typically composed of these essential elements: physicians, patients, medical records, exam rooms, medications, computers, administrative and support staff. However, many medical practices...
Catgeories: Medical Malpractice Defense,

Most people probably associate ultrasound scans with pregnant women who are eager to get a glimpse of their growing baby, but experienced providers know prenatal imaging is just one of the many uses of ultrasound technology. At the end of the day, sonography is a valuable diagnostic tool that helps doctors identify conditions affecting various organs throughout the body, including the heart, liver, spleen, gallbladder, pancreas, kidneys, bladder, uterus, ovaries, and testicles. According to the American Cancer Society, for example, sonograms can help physicians differentiate between solid tumors and fluid-filled cysts. Like every other diagnostic procedure, though, ultrasounds are not...
Catgeories: Medical Malpractice Defense,

Practicing medicine is one of the most stressful professions in the modern world. Doctors may be different from police officers, soldiers, and construction workers in that their own lives are not at risk, but they must bear the burden of protecting others’ lives every single day. Unfortunately, since medicine is far from an exact science, healthcare providers are not always able to save their patients. Regardless, people expect a lot from their physicians, and when complications arise, malpractice lawsuits are likely. In one study originally published in The New England Journal of Medicine, researchers found that 7.4 percent of all...
Catgeories: Medical Malpractice Defense,

Every medical procedure poses certain risks, and every patient has the right to know about those risks before undergoing a particular screening, exam, or treatment. When a patient agrees to a procedure despite knowing the risks, this is called “informed consent.” Getting informed consent is important not only to ensure patients are aware of potential complications but also to protect healthcare providers from medical malpractice claims. Laws regarding informed consent were first implemented in the early twentieth century. In 1914, the Supreme Court ruled that every adult of sound mind has the basic right to consent to medical care. Although...
Catgeories: Medical Malpractice Defense,

When a doctor prescribes a medication, it is reasonable for the patient to assume that the drug is going to help. At the very least, it should not cause any unexpected side effects if it is taken as directed. Unfortunately, medication mistakes happen all the time and can result in devastating complications. The National Coordinating Council for Medication Error Reporting and Prevention defines medication errors as preventable events that may cause inappropriate drug use or lead to patient harm. Although many medication mistakes do not result in any lasting damage, some pharmaceutical errors can have tragic consequences. If you are...
Catgeories: Medical Malpractice Defense,

When you hear hoof beats, don’t look for zebras; look for horses. What might sound like instructions to a zoology apprentice is actually a fundamental principle in diagnostic medicine. Dr. Theodore Woodward coined this oft-quoted zebra maxim in the 1940s to remind physicians to consider the simplest and most common cause of any given symptom before testing for rarer conditions. Additionally, if a patient does present unusual symptoms, he or she is more likely to be experiencing rare complications of a common condition than common symptoms of a rare disease. Unfortunately, there are circumstances in which “zebras” do enter the...
Catgeories: Medical Malpractice Defense,

It is common for anesthesiologists to administer various anesthetics to 500,000 patients over the course of their careers. Each time a patient receives anesthesia is an opportunity for a mistake to occur, and when anesthesia errors do happen, they often have severe or fatal consequences. If you are facing a medical malpractice lawsuit over an alleged anesthesia error, turn to Lubell Rosen. Our lawyers have the experience, resources, and proven legal strategies to defend your interests during every stage of the proceedings. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida. Common Causes of...