Medical Malpractice/Medical Negligence
Many factors contribute to the fact that healthcare in the U.S. ranks among the best in the world. Aside from effective education and technology, medical malpractice lawyers through scrutiny and legal action s contribute to our quality of healthcare by demanding high ethical standards of the medical profession.
The law defines medical malpractice or medical negligence as the failure to do something that a reasonably cautious medical care professional would or would not do under similar or the same circumstances. Consequently, a malpractice lawyer must establish through expert testimony the standard of care required by the medical field. Once the standard of care is established, the attorney must then prove that the defendant violated or failed to uphold those professional standards. Treatment resulting in injury to the patient doesn’t in and of itself prove medical malpractice because medical treatment carries no guarantee of a successful outcome. Even if a doctor exercises extreme caution, there are calculated risks that are unavoidable, referred to as “unavoidable risks.”
Surgical errors are a common type of medical malpractice and can include errors regarding the administering and monitoring of anesthesia , the inadvertent cutting or injuring of nerves, organs, or body parts as wells as improper postsurgical care. Once again, not all surgical complications result from error. If a patient is allergic to anesthesia, he may go into shock and die, but there may have been no prior indication of allergy or way to know this would have occurred. Additionally, some nerve damage during surgery may be considered reasonable, however, if the nerve is completely severed or transected, then it would be considered malpractice. In genera l, the more remote an injury is from the area receiving surgery, the greater the likelihood of medical malpractice.
Recalled drugs have been shown to cause serious side effects, injury or death. Because of inadequate testing and lax FDA standards, products have slipped into mass marketing and resulted In widespread usage, some products being the most heavily used medications on the market:
- Propulsid- a heartburn medicine linked to heart damage, heart failure and death.
- Rezulin – a diabetic medicine causing liver damage and potentially resulting in liver failure, requiring transplants or death.
- PPA – a common ingredient in many over-the-counter cold medications and diet d rugs wh ich can cause hemorrhagic strokes.
- Vioxx – used to reduce arthritis inflammation and menstrual pain, results in risk of heart attack, stroke or blood
Our fir m believes that “equal protection under the law” requires strong advocacy for those citizens most vulnerable to dangerous medications.
At Johnson and Monteleone, LLP. we are accepting VIOXX cases for heart attack, stroke or blood clot as we ll as cases involving Rezulin and Propulsid. We also offer legal advice and litigation for the full scope of medical malpractice cases ranging from medical doctor negligence, nursing and hospital negligence to medical product liability suits.
Please call our office at (208) 331-2100 to arrange a free, no obligation consultation regarding your medical malpractice concerns.