Tucson Personal Injury Law Blog

Young Arizona boy dies after dental procedure

More than a year after a young boy died following a dental clinic visit, the family is trying to hold the clinic and medical professionals responsible. According to ABC 15, two-year-old Zion Gastelum diedon Dec. 20, 2017, after a dental treatment at Kool Smiles clinic. 

An appeals court orders Arizona to add medical staff at prisons

A 9th Circuit Court of Appeals panel in Phoenix recently issued a ruling in the prison inmate health care case that had originally been settled with the state of Arizona back in 2014.

On Dec. 20, they announced that they'd overturned a federal magistrate's prior ruling that the Department of Corrections (DOC) wasn't required to increase staffing necessary to adequately provide inmates with necessary medical care. The DOC will now be required to develop a plan for how to better staff its facilities so that gaps in their care are reduced.

Long-term surgical complications plague few LASIK patients

As many as 700,000 patients have a laser procedure known as LASIK performed on them annually in this country with the expectation of being able to greatly reduce if not altogether eliminating their dependency on the use of contact lenses or glasses. While a large majority of those who have LASIK surgery have positive outcomes, some do not.

A representative with the American Society of Cataract and Refractive Surgery notes that data that they've compiled shows that five percent of those who have LASIK surgery performed on them end up suffering complications. They range from disruptive ones such as halos and double vision to painful ones such as dry eye.

A pilot program helps to reduce the rates of elective C-sections

The number of babies being delivered via cesarean section (C-section) during the past few years has increased incrementally both in Arizona and across the United States. While this major surgery has been performed on many mothers for other valid reasons, many have happened for purely elective reasons. This has left medical organizations such as the American College of Obstetrics and Gynecologists (ACOG) concerned.

An initiative launched by the ACOG in recent years has centered around reducing the incidence rate C-section by low-risk mothers to 23.9 percent. As of 2016, at least 25.7 of these women delivered their babies via this invasive surgical procedure.

Can I install a camera in my loved one's nursing home room?

By the time you make a decision about a nursing home for a loved one, you've likely looked at various places before picking one. Each time that you hear a story in the media about abuse and neglect at one of these facilities though, you may find it difficult to not allow scary thoughts to flood your mind. You may wonder if you should install a hidden camera in your loved one's room to keep a close eye on them when you're not there.

While the idea of installing a hidden camera and then watching the footage that it captures on your smartphone or home computer may seem reassuring, it's illegal to do it in many states. In fact, as of 2017, only five states including Oklahoma, New Mexico, Washington, Illinois and Texas had laws on the books that explicitly allowed cameras to be installed in a residents' room with their consent.

Is your Arizona practitioner monitoring your high-risk pregnancy?

Carrying a baby to term in the womb can be one of the most rewarding, amazing, yet challenging experiences of your life. If you have particular health concerns for you or your child, things may get a bit worrisome from time to time. However, advanced medical technology and skilled medical teams can often help moms who are high-risk to keep their conditions under control and enjoy safe, healthy deliveries.

On the other hand, both mothers and unborn babies are in danger of injury if those licensed to treat them fail to provide quality care. The more you know about your own condition, the more proactive you can be to help keep yourself and your baby safe. If you think your doctor has failed to diagnose a potential problem or has acted outside the scope of accepted safety standards, you have recourse through state law to seek restitution for any injuries that result.

Improved communication with patients leads to fewer lawsuits

A study recently published by Boston Children's Hospital and Harvard University researchers in the British Medical Journal highlights how medical errors can be reduced as much as 38 percent. The research shows that doctors and their patients need only to improve their communication to effectuate this change.

The protocol that produced such promising results is referred to as Patient and Family Centered I-PASS. Doctors used this intervention in interacting with their patients while making their morning rounds. It included the use of health literacy, structured communication and increased engagement of family members in discussions.

What criteria should I use to select a plastic surgeon?

If you look up "plastic surgery" on the internet, you'll come across a number of horror stories where patients recount how they went in to see a doctor for a simple, routine procedure, yet things didn't go as planned. We can learn a lot about things we should avoid when selecting our own plastic surgeon by simply reading those stories.

Once you identify a plastic surgeon that you like, you should go to the American Board of Medical Specialties' website and check and see if they're American Board of Plastic Surgery (ABPS) certified. If they're not, then you may want to continue your search.

Maternal mortality rates reach an all-time high in the U.S.

A new report published by the Centers for Disease Control and Prevention suggests that American women are now more prone to dying during pregnancy or childbirth than women in developing countries.

Their data also captures how the United States' maternal mortality rate has increased from 17 to 26 per 100,000 between 1990 and 2015. This rate is the highest of all developed countries. Researchers at Harvard University recently tried to make sense of this increase.

Before you file a medical malpractice claim, read this

If you seek medical care and your doctor makes some type of error during the course of that care, do you have grounds for a medical malpractice claim? The answer depends on numerous factors, each of which may apply to your situation and all of which may affect whether or not the court would consider the defendant or defendants in your case legally liable for injury. In short, just because an Arizona doctor makes a mistake, this doesn't necessarily mean he or she has committed malpractice. 

There are several key issues you must prove when you present a medical malpractice claim in court. It helps to learn as much about this type of civil justice claim as possible before entering litigation. It's also good to remember that, in such cases, the plaintiff must prove his or her claim. Discussing your situation with someone well-versed in personal injury law is a logical way to begin discerning whether or not you have grounds to file a medical malpractice claim.  


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