Preeclampsia is relatively rare, but it is still a noteworthy risk that affects some pregnant women. Your physician should monitor you for preeclampsia during your pregnancy, and the hospital staff should monitor you for late-onset preeclampsia during labor and delivery. Failing to check you for preeclampsia and treat you for its symptoms could have long-term, potentially fatal consequences.
]]> What does preeclampsia do to your body?The symptoms of preeclampsia include elevated blood pressure, inflammation or swelling of the lower extremities, and high levels of protein in the pregnant woman's urine. Those proteins are a warning sign of potential organ damage. Heightened blood pressure during pregnancy can result in a number of symptoms, including increased risk of stroke or seizures.
Preeclampsia can also cause damage to other major organ systems, including the liver and kidneys which help filter your blood. The condition increases your risk of an early birth, the unexpected separation of the placenta from the uterine wall and even future medical conditions, such as cardiovascular disease.
In most women, preeclampsia begins in the second half of pregnancy, although it can start at any point in the process. Preeclampsia can result in increased nausea and vomiting, headaches, abdominal pain, fluid in the lungs and a decrease in platelets, which can cause bleeding issues and hemorrhage. Your physician should talk with you about symptoms that could indicate preeclampsia at every appointment and carefully screen you for signs of this dangerous condition.
How should your doctor manage preeclampsia?
Serious preeclampsia endangers the life and health of both mother and unborn baby. When the mother is over 32 weeks, the most common practice among physicians is to order the immediate delivery of the child. In some cases, doctors may induce a mother to deliver many weeks before she reaches that safe point of 32 weeks of fetal development.
Other times, if the preeclampsia diagnosis comes too early in the pregnancy, the doctor may recommend bed rest or even prescribe medication to help counter the immediate impact of the condition. Untreated preeclampsia could lead to severe medical events in the mother during or after labor and delivery.
Strokes and seizures could cause neurological damage or prove fatal. Hemorrhaging during or after delivery could also cost a mother her life. Mothers who had to deal with the medical consequences of untreated preeclampsia or surviving family members who lost a pregnant loved one to the condition may be able to hold the doctor or hospital involved responsible for the tragic outcome.
]]>The decision to pursue a medical malpractice legal claim is not an easy one. Our readers have probably heard before about how time-consuming and technical these types of legal cases can be. But, when the decision is made to press on with a claim, Arizona residents will need to prove certain elements of the claim in order to, hopefully, be successful in the case.
]]> For starters, victims of medical malpractice must prove that a "duty" existed between themselves and the medical professionals they claim committed a mistake. This element of a medical malpractice claim can be fairly straightforward, since the existence of a doctor-patient relationship is oftentimes not hard to establish. If a doctor treats a patient, the "duty" element likely exists and that doctor had a duty to treat the patient in a competent manner that is in line with the standard of care for the treatment in question.Next, victims must prove that the duty was breached, and that the breach of the duty led to an injury, illness, or worsened medical condition for the victim. This is where these cases become tricky, and the technical and medical data can become overwhelming. It is not always easy to prove that a doctor or hospital failed in their duty to a patient. However, with the right approach, Arizona residents who have been the victim of a doctor or hospital error can press on and do their best to attempt to be successful with their medical malpractice claims.
]]>According to a recent news report, a few Democrats and Republicans in Congress are attempting to work together to pass legislation that will re-authorize funding for the "Elder Justice Act," which was first passed in 2010. As part of the efforts, the bipartisan push included a series of hearings in Congress earlier this year focused on nursing home issues and elder abuse, as attention is drawn to the current and expiring laws that may impact elder abuse in America.
]]> In the newly contemplated legislative effort, it appears that the main focus is on funneling funds to the right places. Block grants to the states are in discussion, as is the direct funding of forensic centers that would focus on investigating elder abuse.Nursing home abuse and neglect will continue to be a serious problem in America, including in Arizona. But, when an elderly resident of a nursing home suffers harm due to abuse or neglect, that resident deserves justice. These injured victims may have legal options available to them to assist them in holding nursing homes accountable for their negligent or reckless conduct. Those who want to learn more about how best to pursue these legal avenues can reach out to an attorney of their choosing.
]]>One option might be to consider a medical malpractice lawsuit. In such a claim, the alleged victim must prove that a doctor-patient relationship existed - which is fairly easy to do - and then, from there, prove that the treatment in question was negligent or reckless in some manner, or not up to the standard of care expected. In a case involving a surgical procedure, the technical aspects of the case can seem daunting. Medical professionals go to school for years and practice their trade meticulously. As a result, some people may think that it is foolhardy to question a doctor's moves. But, the reality is that many medical malpractice claims are, in fact, valid.
]]> A surgical procedure may go awry in a number of ways, including: an operation being performed on the wrong patient or on the wrong body part of a patient; performing a surgical procedure that was, in fact, unnecessary; using the wrong amount or incorrect type of anesthesia; or even as bad as leaving a surgical instrument inside the patient's body. These are all possible forms of medical malpractice.At our law firm, we work with Arizona residents who believe they may have valid medical malpractice claim. For more information, please visit the surgical error overview section of our law firm's website.
]]>Take, for example, a recent case out of another state involving a single mom and her child. The woman, who gave birth at the age of 29, delivered a child with severe brain damage and resulting developmental disabilities after a birth experience gone awry.
]]> According to reports, when the woman arrived at the hospital, testing revealed that her child was not moving. The woman and her legal team argued to a jury that at that point, her caregivers should have proceeded to an emergency C-Section.Unfortunately, by the time doctors and nurses delivered the baby, the boy had suffered severe injuries related to the complicated childbirth. As a consequence, he never developed the ability to speak or walk, and he will not be able to care for himself.
After hearing evidence, the jury awarded the woman $109 million to compensate her for her son's permanent disability, which the jury concluded happened because of the professional negligence of the woman's labor and delivery team.
Because of a prior agreement between the woman and the hospital, the woman will actually receive a $50 million payout even though the jury said she was entitled to more. The woman said she plans to use the money to bring her son home from his current placement at a full-time care facility because she now can afford to devote all of her attention to his ongoing support.
For whatever reason, it happens all too frequently that doctors are unwilling to make split decisions about C-Sections, even though doing so is often critical to protecting a newborn's health. If a Tucson resident feels that his or her child suffered a birth injury because medical professionals were negligent during the labor and delivery process, legal options may be available.
]]>Because there is some guesswork inherently involved in the practice of medicine, a doctor is not liable for medical malpractice simply because he diagnosed a patient with one condition but it turned out that the patient actually had something else.
]]> However, a doctor is expected to follow the proper process for diagnosing medical conditions. Called differential diagnosis, this process requires the doctor treating the patient to come up with a list of conditions which each could explain the patient's symptoms, ranking them in order of how likely it is that the condition is what is causing the symptoms.The doctor then is expected to go down the list and perform the appropriate medical tests to confirm or rule out each condition, at least until she comes to the appropriate diagnosis.
As long as the patient's true medical condition appears on the doctor's list, the fact the doctor may have ranked it relatively low will not mean the doctor was negligent. The idea is that the doctor would, eventually, get to the correct diagnosis and start treatment.
On the other hand, if a doctor did not even consider the patient's condition in his differential diagnosis, or failed to perform proper tests to rule it out, then a Tucson patient who suffers injuries or a worsened condition as a result may be able to seek compensation for the doctor's negligence.
While not every missed diagnosis is grounds for a medical malpractice case, many are. An Arizona resident who feels a doctor misdiagnosed his condition should consider speaking to an experienced attorney about the possibility of obtaining compensation.
]]>While there is no right or wrong way to choose a surgeon, there are steps you can take to improve the likelihood of making the right decision. And when you do, you'll feel better about the process leading up to your procedure, the surgery itself and your future care.
]]> Here are some things you can do when attempting to choose a surgeon:Interview then decide
Choosing a surgeon is not something you do on a whim. It's a critical decision in your life, as your health is at stake. Interviewing prospective surgeons can help you better understand what they offer, as well as the type of experience and knowledge they have of your illness or injury. Ask questions such as:
By interviewing three to five surgeons, you'll gain a clear understanding of where each one stands and what they can do for you.
Even if you take all these steps and feel good about the surgeon you've chosen, something could go wrong with your procedure. While this doesn't necessarily mean you're a victim of medical malpractice, you should learn more about your legal rights and how to protect them.
]]>In these situations, people may put their loved ones in nursing homes and other care facilities which provide the type of care people need. People expect their loved ones to receive the care they need while they are there as well. However, this does not always happen and many people may be the victims of nursing home neglect or abuse. That is why the Arizona Department of Health licenses these facilities to ensure that they are providing the proper care and to investigate complaints when they arise.
]]> However, a recent study found that the Department of Health has not been investigating complaints as they are supposed to do. The study selected five different facilities. In 2017 and 2018 the facilities apart of the study had 33 complaints and 37 self-reports of abuse, neglect and unsanitary conditions. Out of the total of 70 complaints and self-reports only 38 of the 70 had been investigated. Out of 20 of the complaints that were analyzed, 15 of those had not been investigated in a timely manner.There are many nursing homes in Arizona and many people who reside in them. According to the study there are many complaints, but many are not investigated. However, the victims may still be able to receive compensation for the neglect or abuse that they suffer. This can be accomplished by filing a lawsuit against the nursing home. Experienced attorneys understand the importance of the compensation and how to hold the nursing home accountable for their actions.
]]>Doctors also go to school for a long time in order to learn about different potential diseases and conditions and the symptoms to look at to determine what is wrong. However, sometimes doctors do not properly analyze all possibilities or incorrectly determine what disease is causing the problems. If they fail to diagnose a disease incorrectly it can be very detrimental to people's health and a condition that may have been treatable grows worse and becomes much more difficult to treat and control.
]]> Some diseases are more misdiagnosed than others though. Cancer is the most commonly misdiagnosed disease due to the fact that cancer often times presents fairly common symptoms. Heart disease is also commonly misdiagnosed since heart problems can display as anxiety or other issues. Strokes can also be misdiagnosed, especially in young people. Fibromyalgia can also be misdiagnosed as lupus or rheumatoid arthritis since common symptoms include joint pain, muscle fatigue and other symptoms common with those conditions.People in Arizona assume that doctors will be able to figure out what is wrong with them and be able to treat it. Sometimes this does not happen though, and the situation becomes worse because of a misdiagnosis. If this occurs, people may be able to receive compensation to pay for any medical bills and other damages associated with the misdiagnosis. Experienced attorneys understand these complicated matters and may be able to guide one through it.
]]>Then once they know which procedure or surgery must be done to treat the problem, they also need to correctly operate on people, so the surgery is actually effective. If doctors make surgical errors it does not matter whether they accurately diagnosed the problem and determined the correct surgery. People still could be left in a worse position than they would have been in prior to the surgery.
]]> This is true for any type of surgery, but especially true for the spinal cord which is extremely important for the overall functioning of the body. However, a study found that many spinal surgeons have operated on the wrong level of the spinal cord. The study found that 50% of the doctors who participated in the study had performed a wrong level surgery at least once in their career. The majority of the mistakes were made in the lumbar region of the spinal cord. This is very concerning and it means that many people have been the victims of wrong level spinal surgery.Many people in Arizona have had spinal surgeries in their lifetime. Many have probably had successful surgeries, but that is not true for everyone. These wrong level surgeries could have created more problems for the victims. However, they may also be entitled to compensation for the mistake through a medical malpractice lawsuit. Experienced attorneys understand these complicated matters and may be able to guide one through it.
]]>Of the types of diagnoses that went unknown, the most common were:
Most malpractice claims won't go anywhere in court
Around two-thirds of medical malpractice claims in the United States don't stand up to scrutiny in court, so the majority of cases go without payouts. However, it's still important to know what causes misdiagnoses and how to help prevent them and the claims that could come from them.
For example, after reviewing the suits against providers who missed heart attacks in women, there has been a greater amount of awareness about them and how to recognize them. Women often suffer from atypical heart-attack symptoms, which needed to be better communicated throughout the medical community.
What can you do if you're a victim of malpractice or a missed diagnosis?
If you're a victim of a misdiagnosis or malpractice, you should know that it could be difficult to bring your case to court and win. Medical malpractice cases are notorious for being complex, and you will need to show that your medical provider deviated from the standard of care that the medical community expects. There needs to be a way to show that the provider did something, or failed to do something, and caused you to suffer an injury when another provider would not have harmed you.
It can be tough to get that evidence, especially if you aren't exactly sure why a diagnosis was missed or what delayed it. It's smart to be open with your provider and to try to understand what happened. If there was an oversight, a mix-up with test results or other significant errors, then you should be informed and be able to file your claim.
A misdiagnosis can be life-threatening or result in an illness worsening significantly. If that happens to you, you deserve to be heard and to make sure the provider is held responsible for their actions.
]]>Injuries that can occur include, but are not limited to, abnormal uterine bleeding, broken bones, pre-eclampsia or eclampsia, c-section issues, infections, vaginal tears, peripartum injuries and other types of injuries. These injuries can occur for a variety of reasons, but if mothers suffer these types of injuries, the mother may require surgeries and additional medical treatment, which can cost much more money than a child birth already costs. It also means that they will need to spend more time in the hospital and not with their newborn child.
]]> Some preventable injuries occur because errors were made by doctors or other medical professionals. This can be particularly difficult for the mother and her family, knowing that the injury should have never occurred. However, if there were errors made, the mother could be able to receive compensation from the doctors through a medical malpractice lawsuit.Unfortunately, many mothers in Arizona suffer injuries during child birth. Many of these injuries will heal without too much medical intervention. However, some of the injuries are very serious and can lead to additional surgeries and treatments. This can be expensive for the mother and if the injuries were caused by doctor error, the mother could be entitled to compensation.
]]>While people go to doctors to receive their medical expertise and to treat various ailments that they do not understand, ultimately patients still make the final decisions about their bodies. Therefore, prior to performing medical treatment, doctors and other medical professionals need to obtain informed consent to perform the treatment before it starts. This is true for all patients as well, including minors. However, in the case of minors, the informed consent may also have to come from the parents as well.
]]> Informed consent means that the proposed medical treatment must be explained to the patient and their parents in a way that they can understand the risks and benefits of the treatment. Then the patient and their parents must make a voluntary decisions about whether to proceed with the treatment. There are situations when consent could be implied by past consent and history of treatment with a patient, but anything that is different from the past treatment requires additional informed consent.Minors just like adults in Arizona require medical treatment and doctors still must obtain informed consent prior to performing medical treatment. However, consent from parents may be needed in addition to consent from the patient when the patient is a minor. If doctors proceed with medical treatment without informed consent, they could face medical malpractice lawsuits, especially if something goes wrong with the medical treatment. Experienced attorneys understand these requirements and when doctors do not do their jobs properly. They may be a helpful resource.
]]>The study found medical errors impact 6% of all patients surveyed, with the most significant number of mistakes related to medication and other treatments. Furthermore, results show an alarming 12% of preventable errors lead to permanent disability or even death.
]]> Medical mistakes remain a leading cause of deathA 2016 BMJ study estimated 9.5% of all annual U.S. deaths were the result of medical errors, making it the third leading cause of death. A researcher involved in the 2019 study points out that providers often lack training, are understaffed and in some cases, are burned out.
The study concludes that providers must address inadequate funding along with staffing and training deficiencies to prevent medical errors, noting that addressing only one weakness will not improve the quality of care or reduce the likelihood of preventable mistakes.
Patients can take steps to protect themselves
While the medical system must address shortcomings in providing high-quality care, patients can take steps to improve their safety. Recommendations include:
Get help if you are the victim of a preventable medical error
Medical mistakes can be fatal or have long-lasting effects on you and your family, many causing permanent damage and ongoing medical bills. The process of uncovering medical mistakes can be complicated. The advice of a medical malpractice attorney here in Arizona may be crucial to finding the mistake and receiving compensation for your medical provider’s errors.
]]>The loved ones hopefully will research and find the most appropriate facility that will properly care for the loved one. However, the people caring for patients in nursing homes make mistakes or may be overworked and neglect patients. This nursing home abuse and/or neglect of the patients can lead to additional, more severe medical problems that require additional medical treatment.
]]> This additional medical treatment will likely cost the patient additional money that they may not have as well. People who are the victims of nursing home abuse and/or neglect may be able to receive compensation. This compensation can pay for the monetary damages suffered by the patient, the costs associated with the lawsuit, punitive damages and other damages associated with the abuse. The perpetrator of the abuse or neglect could also be prevented from continuing to provide care, as well as face criminal charges.Patients at nursing homes expect the same care and attention that they would receive at any healthcare facility. However, due to the long-term nature of the care and vulnerability of the patients, sometimes they may be the victims of abuse or neglect. This can cause serious problems for the patient and they may be entitled to compensation to help pay for the consequences they suffer.
]]>