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Wachler & Associates, P.C. counsels healthcare providers, suppliers and other individuals and entities to remain in compliance with HIPAA, HITECH Act, 42 CFR Part 2, and other federal and state privacy laws. Our firm does not represent patients or other individuals with regard to alleged HIPAA or other privacy law violations.
You've come to the right place. If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.
Medical malpractice is alarmingly common in the United States. In fact, a Johns Hopkins study found that medical errors kill more than 250,000 Americans every year, making it the third-leading cause of death behind only heart disease and cancer. If you believe you or someone you love were the victim of medical malpractice, contact Morgan & Morgan.
Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...
Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...
You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...
Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...
If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...
Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...
Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education.
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
Medical negligence refers to a negligent act or omission – for example, removing the wrong organ or leaving a surgical tool in a patient’s body – that causes injury.
They don’t feel any pain or remember the procedure afterward. Regional: Regional anesthesia numbs a specific part of the body , such as an arm or leg. Local: Local anesthesia numbs one small area of the body.
Regional: Regional anesthesia numbs a specific part of the body, such as an arm or leg. Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications.
Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness. This occurs when a patient regains consciousness during surgery.
While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.
Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.
Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.
Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.
Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital. Lawsuits could also involve hospital-wide policies that fall below state medical standards.
Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.
Complaints, as defined by CMS, are patient issues that can be resolved promptly or within 24 hours and involve staff who are present (e.g ., nursing, administration, patient advocates) at the time of the complaint. Complaints typically involve minor issues, such as room housekeeping or food preferences.
Documentation. Documentation of complaints and grievances, as well as their resolution, is important not just for CMS compliance but also for quality improvement and risk management purposes. Documentation of investigations and results is also typically of interest to surveyors (Venn).
According to CMS regulations, a grievance is considered resolved when the party who filed the grievance is satisfied with the response, or when the healthcare facility has taken "appropriate and reasonable" actions to resolve the grievance even if the patient or patient's family is unsatisfied with the response.
Grievances about situations that could endanger a patient (e.g., neglect, abuse) should be reviewed immediately. Typically, a response time of seven days is appropriate; most grievances should be resolved within that amount of time.
For example, a doctor who fails to treat their patient properly and as a result, ends up making the patient worse, could be sued for medical malpractice .
One of the primary rights that patients should know about is the right to refuse treatment. Regardless of whether the patient was committed to a mental health facility voluntarily or involuntarily, according to the law, a patient always has a right to refuse treatment. However, there may be some exceptions.
Although many claims for mental health malpractice are brought on an individual case basis, there are several common scenarios that show up more frequently than others in such cases. These include the following examples: 1 Misdiagnosing a patient (e.g., the mental health practitioner had another patient’s files when they diagnosed their current patient, which led to a misdiagnosis); 2 Providing incorrect treatment to a patient (this could stem from an initial misdiagnosis); 3 Negligent mishandling of a patient at a mental health institute; 4 Engaging in a sexual relationship or sexually abusing the patient; 5 Breaching the patient’s confidentiality (e.g., sharing patient files without their consent); 6 Verbally or physically abusing the patient; or 7 Failing to prevent the patient from committing suicide (especially if the mental health professional was aware of the patient’s intentions).
A rapidly growing field of malpractice lawsuits stems from a category known as “mental health malpractice.”. A mental health malpractice claim may arise when a mental health practitioner (e.g., a psychiatrist) treats their patient in a negligent manner or abuses the power that they have over them as a professional.
Regents of the University of California, held that mental health providers do have a duty to protect individuals that may be at risk of bodily harm based on information learned from their patients.
In the second type, it is not the hospital that performed the negligent act, but rather an employee of the hospital. However, the hospital may be held liable if the employee acted while under the hospital’s control, or if the hospital ordered the employee’s actions. This is known as “vicarious liability," and requires that a number ...
Hospital negligence occurs when a hospital or health care facility fails to follow the duty of care they owe to patients in dealing with those patients. A person may be able to file a negligence claim against the hospital if the breach of duty that the hospital. Many medical malpractice claims involve injuries caused by a physician ...
Some examples of a hospital’s vicarious liability can include: A nurse or technician giving a patient the wrong medication or an improper dosage. Negligent care in an operation, such as leaving an object in the patient’s body.
But, there are statute of limitations for things like medical debts, and these statutes depend on which state you incurred the debt. Once the statute of limitations have passed, and no legal action has been taken against you, then you cannot be sued or forced to pay the debt owed.
If the person still does not pay after the bill has gone to collections, the medical organization might initiate a medical bill lawsuit against the debtor. But, there are statute of limitations for things like medical debts, and these statutes depend on which state you incurred the debt.
What are Medical Bills? Medical bills are costs or expenses related to various types of medical care, both for prevention as well as treatment. They can cover anything from routine checkups to serious emergency treatment measures. Medical bills are generally issued to people who visit hospitals or medical clinics.
Medical bills are generally issued to people who visit hospitals or medical clinics. Health insurance is also a major factor in the payment of medical costs.
The payment period for medical bills may vary according to the health organization. In most cases, a person has around 180 days to pay a medical bill before it goes to collections. This is where the hospital or health care organization may begin making efforts to collect on the unpaid medical bill debt.