Tucson Personal Injury Law Blog

Taking action when a surgical procedure goes wrong

When Arizona residents go to the doctor, they expect to receive the best treatment possible. After all, America is on the leading edge of medical technology, so that expectation is realistic. However, there is also the reality that, unfortunately, medical malpractice does occur with alarming frequency in America. When something goes wrong with medical treatment, particularly a surgical procedure, patients in Arizona usually start looking for options.

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.

Malpractice award will allow woman to care for her disabled son

When large medical malpractice verdicts hit the news, it can be easy to lose sight of the fact that there is almost always a monetary reason behind why the award was so high.

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.

What is the meaning of differential diagnosis?

Medicine is just as much of an art as it is a science. What this means in practice is that, ultimately, a doctor or other medical professional are really making their best educated guess about what is ailing their patients when giving a diagnosis.

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.

Do you know how to choose a surgeon?

You've come to find that you need surgery to correct a medical condition, but have concerns about moving forward at this time. While it's natural to have various concerns and questions, those associated with choosing a surgeon are extremely common.

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.

Arizona agency failed to investigate nursing home complaints

Many people in Arizona are retired and aging. As people age it is common that more and more health concerns will arise. The body just does not function the same way it did when it was younger. People may suffer injuries, contract illnesses that affect their body and mind in some cases. This is an unfortunate fact of life for many people as they continue to grow older. While family members may step up and allow these loved ones to live with them and care for them, sometimes the illnesses require more supervision than family members can provide.

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.

Illnesses and conditions that are commonly misdiagnosed

Most people in Arizona know when they are not feeling well and something is not quite right. Sometimes people may also know what may be wrong, such as having a cold, the flu or other common illnesses. However, people do not always know what may be wrong. Other times they may experience symptoms that are common for colds or the flu that are actually indications that something much more serious is wrong. In these situations, people rely on doctors to diagnose what may be wrong and how to treat it.

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.

Many spinal surgeons have operated on the wrong level of a spine

Doctors in Arizona must go through extensive education and training before they can become a doctor. This is because they provide an extremely valuable service for people. They can help heal people from their injuries and illnesses. However, in order to effectively do this, doctors need to have a very good knowledge of the human body and how it works not only to appropriately diagnose a problem, but then to prescribe the correct medication or conduct the appropriate procedure.

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.

Missed diagnoses are complex; get help for your case

It's an interesting fact, but the failure to diagnose a patient is the top reason patients sue doctors. A study that reviewed information about medical malpractice claims from Australia, the United States, France and Canada discovered that between 26% and 63% of claims were a result of or related to missed diagnoses.

Of the types of diagnoses that went unknown, the most common were:

  • Heart attacks in adults
  • Meningitis in children
  • Breast cancer
  • Melanoma
  • Lung cancer
  • Colon cancer

Mothers can suffer serious injuries while giving birth

When mothers have babies in Arizona it can be a very joyous time. It can also be a relief after going through the pain of the actual child birth process. It is a natural process, but it is also a very difficult physical process as well. Mothers are obviously built to do this, but it can also cause significant injuries to them as well. There are many different birth injuries that can occur. Some of them are certainly preventable.

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.

Informed consent required prior to medical treatment for minors

There are various professionals that perform different services in Arizona. These professionals train to learn a certain trade or to provide certain services so they can provide it for others who do not understand how to do a certain things. One of these services that most people do not understand is how to diagnose and treat medical problems that occur throughout their lives. Therefore, they go to doctors and mother medical professionals who have gone through extensive training to learn how to treat various illnesses and injuries.

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.

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The Reyna Law Firm, P.C.
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Tucson, AZ 85716

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