Cada año, miles de pacientes en hospitales, instalaciones de rehabilitación y asilos para ancianos sufren graves lesiones por caídas de sus camas de hospital. En muchos casos, estas caídas pueden ser atribuidas a acciones negligentes del personal del hospital y de los médicos. Particularmente las enfermeras tienen el deber de establecer y seguir protocolos diseñados para reducir la probabilidad de caídas. En Normandie Law Firm queremos que nuestros clientes y sus familiares se encuentren seguros mientras estén bajo atención médica, y cualquier caso de negligencia o culpa debe corregirse con una compensación justa.

Descripción general de caídas

Las causas comunes de caídas de camas de hospital son:

• Error de la enfermera al levantar el barandal protector.
• Error del personal del hospital al evaluar adecuadamente el riesgo de caídas de un paciente.
• Postergación del tiempo para responder a las llamadas de un paciente.
• Administración de medicamentos que alteraron el estado de ánimo de un paciente.

Las camas de hospital no son demasiado grandes y están creadas para mantener a los pacientes relativamente inmovilizados; Si un paciente puede darse la vuelta y dar vueltas mientras está en la cama, puede afectar las operaciones quirúrgicas recientes, agravar lesiones como esguinces y fracturas de huesos, quitar o desalojar tubos o vías intravenosas, o abrir heridas sensibles.

Es crucial mantener a los pacientes lo más seguros posible y se deben llevar a cabo medidas para preservar la salud del paciente. Aunque la cama está diseñada para mantener al paciente seguro, los problemas con los barandales y la negligencia de las enfermeras juegan un papel importante en potencialmente causar más lesiones. La negligencia de una enfermera puede ser tan simple como estar preparando la cama del paciente, pero encontrarse con la necesidad de responder a una llamada de emergencia, lo que puede resultar en olvidar levantar el barandal.

Es importante mencionar que todo tipo de pacientes pueden sufrir caídas desde las camas de hospital. La mayoría de las víctimas son pacientes de edad avanzada, pero las personas que duermen inquietamente y las que están muy medicadas también pueden caerse; estas últimas puede que ni siquiera estén dormidas, sino simplemente aturdidas o desorientadas. Pueden intentar levantarse de la cama, incluso trepando por los barandales, pero su estado mental y físico se puede ver comprometido debido a los medicamentos. En este caso, el personal de enfermería no le estaba prestando suficiente atención, y la negligencia sería la base principal de su reclamo.

Aunque una cama de hospital generalmente no está muy elevada del suelo, aún puede sufrir lesiones graves por una caída, especialmente si cae en algún ángulo incómodo. Algunas lesiones comunes en tales caídas incluyen fracturas de cráneo, ligamentos desgarrados, daño en los hombros, esternones fracturados, fracturas faciales, narices rotas, lesiones cerebrales traumáticas, laceraciones y hematomas subdurales. También puede desprender los goteos intravenosos y las sondas de alimentación, lo que provocará más daños internos, especialmente si lo dejaron desatendido durante algún tiempo y el personal de enfermería no se dio cuenta hasta mucho más tarde.

Determinación de responsabilidad en reclamos por negligencia hospitalaria

Hay cuatro factores que deben comprobarse en un tribunal de justicia para establecer una base para la negligencia médica.

• Deber de cuidado: Generalmente, cada individuo le debe a otro individuo el deber de actuar de manera razonable para prevenir el riesgo de daño mutuo. En la profesión médica, sin embargo, el deber de cuidado lo establece la profesión médica específica o la especialidad de la profesión médica. Por ejemplo, en el caso de un paciente que sufre convulsiones, las enfermeras practicantes o los asistentes médicos deben levantar el barandal protector de la cama. Los golpes y sacudidas que resultan de las convulsiones deben justificar este cuidado.
• Incumplimiento del deber de cuidado: En el contexto de mala praxis, se produce un incumplimiento del deber de cuidado cuando la parte culpable no administra correctamente el tratamiento adecuado. El incumplimiento de un deber de cuidado se generaría cuando el empleado del hospital no levanta los barandales protectores de la cama del hospital del dicho paciente con convulsiones.
• Causalidad: ¿Fue el incumplimiento del deber de cuidado la causa del daño? ¿El paciente se habría caído de la cama si no se hubiera incumplido el deber de cuidado? La respuesta es no; o al menos, es muy poco probable.
• Daño fundamentado: si el paciente sufrió lesiones debido al incidente que tuvo lugar, entonces se se cubren los requisitos y se puede presentar un reclamo. El paciente con convulsiones puede haberse caído de la cama debido al deber negligente de una enfermera, pero si fue agarrado por un compañero de enfermería o no dañó su cuerpo ni complicó su condición de ninguna manera, entonces no hay base para un reclamo. No se produjo ningún daño como resultado de la negligencia y el incumplimiento del deber de cuidado.

Diferencia entre mala praxis y negligencia

Cuando se trata de caídas de camas de hospital, es importante tomar en cuenta la diferencia entre un caso de negligencia simple y un caso de mala praxis.

Los casos de mala praxis se refuerzan con la opinión de un testigo médico experto calificado que explicará el estándar de cuidado adecuado para el paciente en esa circunstancia, la causa (si el establecimiento no proporcionó el tratamiento adecuado) y los daños (el daño que sufrió el paciente o cómo empeoró su condición). Si por ejemplo, el médico no reconoció los síntomas de un tumor cerebral, es posible que la conciencia espacial y la capacidad de pensamiento lógico del paciente se hayan visto comprometidas, lo cuál pudo haber provocado que el paciente no pudiera levantarse de la cama sin caerse. Otras causas incluyen la mezcla de medicamentos y un diagnóstico de riesgo incorrecto.

Sin embargo, la mayoría de los casos de caídas de camas de hospital son el resultado de negligencia. Los pacientes suelen caerse debido a causas distintas a sus condiciones y como resultado de la negligencia de una enfermera o asistente.

Compensación disponible para víctimas de caídas de camas de hospital

Las víctimas de lesiones personales pueden recibir compensación por todos los daños sufridos por caerse de las camas de un hospital. Los tipos específicos de daños indemnizables en tales casos son:

1. Todos los gastos médicos incluyendo atención médica.
2. Atención médica y rehabilitación futura.
3. Daños económicos, incluida la pérdida de ingresos y la pérdida futura de la capacidad de generar ingresos.
4. Daños no económicos, incluidas evaluaciones de daños punitivos, dolor y sufrimiento y angustia emocional.

Es importante señalar que California, al igual que varios otros estados, tiene un límite sobre la cantidad de compensación que puede recibir una víctima por daños no económicos derivados de negligencia médica. La cantidad máxima de restitución que puede recibir por solo daños no económicos tiene un límite de $250,000 dólares.

Garantía de nuestro bufete legal

Demasiado frecuentemente, los posibles clientes dudan en ponerse en contacto con un bufete de abogados debido a los costos asociados con la búsqueda de representación legal. Nuestro bufetetrabaja en un acuerdo de contingencia sin honorarios, lo que significa que un cliente no tiene que pagar honorarios o gastos legales hasta que el caso alcance una resolución monetaria exitosa. Las facturas médicas y los costos del tratamiento ya son lo suficientemente altos, y creemos que no debe pagar los gastos de su bolsillo para obtener la ayuda para recuperar una compensación por un incidente en un hospital.

Contáctenos en Normandie Law Firm hoy mismo para hablar con un abogado y recibir una consulta legal gratuita sobre su caso.
FURTHER INFORMATION:

• Statute of Limitations to File a Nursing Home Bed Fall Injury Lawsuit

• Los Angeles Nursing Home Bed Fall Attorney

• Sue Nursing Home for Bed Fall

• San Francisco Lawyer to Sue a Nursing Home for a Patient Falling Out of Bed

• Can A Hospital be Sued for A Patient Falling Out of Bed

Operations on the knees are amongst the most common procedures conducted at hospitals in the United States. Every year more than 700,000 individual undergo knee operations. The vast majority of these procedures are successful with little or no post-operative complications. However in some cases such operations go horribly wrong resulting on significant harm to the patient. Our law firm is proud to represent victims of operation errors who have suffered severe medical complications and seek financial restitution foe their injuries. If you have any further information after reading this article feel free to contact our law offices. All legal consultations, case reviews, and second opinions on your case are provided by our offices free of charge.

Some of the most common types of knee surgery where complications are prevalent include the following

• Meniscectomy
• Repair of a torn meniscus or total meniscus transplant
• Plica surgery
• Repair of the tendon
• ACL replacement and reconstruction surgery
• Total (Full) Replacement surgery
• Micro-fracture surgery
• Unicompartmental knee surgery

Common Complications Following Knee Replacement Surgery

There are numerous complication associated with operations involving the knee. Some of the most common post operative procedure include the following.

• Nerve damage often resulting in the development of Complex Regional Pain Syndrome (CRPS), also known and Reflex Sympathetic Dystrophy (RSD).
• Nerve damage resulting in foot crop and paralysis of the keens and lower leg.
• Performing an operation on the wrong knee.
• Failure to place a knee implant correctly, using the wrong sized implant.
• Failure to detect and prevent leakage from a torn artery resulting in severe blood loss.
• Loosening of the knee joint.
• Infection due to unsanitary conditions.
• Anesthesia errors, resulting in asphyxiation, loss of oxygen to the brain etcetra.
• Phlebitis: Failure to detect blood clots resulting in DVT and or pulmonary embolism.

Medical Malpractice – Establishing Surgeon and Hospital Liability and Winning your case in the Court of Law

Most medical and surgery error claims are based on a negligence cause of action. There are four basic elements in a negligence based lawsuit which need to be proven in or to successful resolve a medical malpractice case. The four elements and their brief description are provided for below.

• Duty that is owed by the at fault party towards the plaintiff: With respect to medical malpractice claims the duty that is owed by the practicing medical physician is predicated the set guidelines established by the medical community at large or the medical specialty the practicing doctor is a member of.
• Breach of the duty of care: A breach of the duty of care is established when the at fault party deviated from the standards and guidelines established by the medical community.
• Causation: The questions that has to be answered here is whether the deviation from the basic standard of care cause the harm that was suffered by the harmed patient.
• Damage: The patient needs to have suffered actual damaged resulting from the breach of the duty of care. Usually a medical diagnosis of the injuries suffered would be necessary to establish the damages portion of a negligence based lawsuit.

Financial Recovery Available for Victims

One of the most frequent questions asked by our clients involves the potential financial recovery they are likely to receive in a personal injury claim against a medical doctor. The average settlement of a case is difficult to ascertain without an in-depth analysis of a victims case. There are several significant factors which can play a significant role here. A list and brief description of those factors is provided for below.

• The severity of the harm suffered by the patient.
• Total current and future medical costs associated with the act of surgical error.
• Economic damages – including lost wages and loss of future earnings potential due to injuries suffered.
• Non-economic damage – including pain and suffering emotional distress and punitive damages.
• Punitive damages are assessed when the at fault defendant acted with the intent to cause harm or acted in reckless indifference for the life and health of others. Reckless disregard can be established when the at fault party knew or should have known that the breach of the duty of care would result in a high probability or even near certainty of harm to the patient.
• Note on Punitive Damage and Non-economic damage recovery: The state of California

Cost of Hiring a Surgical Error Attorney

One of the biggest factors impeding victims from pursuing a medical malpractice claim is the seemingly high costs of hiring an attorney. Most attorneys and law firm will ask potential clients for an upfront retainer agreement or will ask for thousands of dollars to just review victim’s medical records. WE ARE DIFFERENT. Our law firm works exclusively on a contingency fee basis; this means that you will not have to pay a single penny out of pocket for any of our costs or fees until there is a successful resolution of your case.

Free No Cost Case Review Available: If you are in need on legal help or would like to pursue a claim for knee surgery malpractice contact our law offices. All legal consultations and care reviews are provided by our attorneys at no charge.

Further Information:

Orthopedic Surgery Malpractice Claims

Ankle Surgery Malpractice Lawsuits

Botched Surgery Resulting on Foot Drop

A large percentage of Americans suffer from chronic spinal and neck pain due to a prior sports injury, auto accident, slip and fall or workplace injury. In many instances, after many attempts to resolve their back pain via less invasive measures, patients elect to undergo back or neck surgery. In most cases, spine and/or neck surgery will successfully resolve a patient’s medical issues with no complications. Such surgeries and among the most common of spinal operations include L4-L5 surgery, C4-C5 fusion, as well as C-5 and C-6 replacement surgery. However, in some cases, patients who undergo such procedures will suffer severe injuries due to the surgical errors of surgeons and or other medical providers. Below you will find important information regarding the back and neck operation malpractice and the availability of financial recovery for victims. If you have any further legal questions after reading this article feel free to contact our law offices. All legal consultations and case reviews are provided by our attorneys free of charge.

Some of the most common risks associated with lumbar, thoracic, and other spinal and neck surgery include the contraction  of severe life-threatening infections, nerve damage resulting in foot drop, complete or partial paralysis of the limbs, paraplegia, chronic back pain or increase in pain, blood clots resulting in DVT and pulmonary embolism, CRPS Complex Regional Pain Syndrome, nerve injury, and unnecessary scarring of the skin and tissue.

Common Types of Back Surgery Where Surgical Errors are Common: Below is a list of some of the most common back surgeries where there is a high possibility of severe complications resulting from a medical error.

• Spinal decompression surgery for pinched nerves.
• Laminotomy or foraminotomy
• Discectomy or Discectomy – partial or complete removal of a disc due to a herniation.
• Disc replacement surgery
• Cervical fusion surgery – single or multilevel fusion
• Lumbar fusion surgery
• Bone graft fusion surgery
• Epidural and steroid injections
• Procedures using the laparoscopic method – laser surgery
• L4-L5 surgery
• C4-C5 fusion
• C-5 replacement
• C-6 replacement
• Lumbar and Thoracic operation

Loss Of Eyesight After Spine Surgery

It has been shown that people can lose their eyesight after a spinal surgery. The postoperative visual loss (POLV) is a condition and complication of a failed spinal surgery, whereby the individual loses vision after the surgical procedure. Some people with this condition will have blurred vision, to where others can have total irreversible and complete vision loss that leads to blindness.

You may be wondering “But how can this happen?” Well, the answer is quite clear. The reason for vision loss after a spinal surgery, is that the person is operated on lying down, and the pressures of blood during the surgery may rise, creating a problem with the eyes after the surgical procedure is finished. Remember, a spinal surgery can take anywhere from 2 to 8 hours to perform, and there are tremendous pressures on the person’s body as this surgical procedure is being performed. The pressure that can build up in the eyes is tremendous, can cause blindness and other issues, if the person is not monitored properly during the surgery.

Our Recent Verdicts and Settlements

Visual Impairment – Droopy Eyelids After Spine Surgery

The surgery of a spine is not a straight forward surgery by any means. This being said, anything else can go wrong with the body, just based off of mistakes made in a spinal surgery. The case in point is the person developing blepharoptosis (ptosis) or droopy eyes after a surgery on the spine. When a person has ptosis, it means that the eyelid muscles are weak, and cause the eyelids to droop downwards.

Medically, the eyelid is held up with a complex set of muscles, that will keep the eyelid upright at all times. If the eyelid starts to droop, then the eyelid will look lowered and hang down unnaturally. The person will look perpetually sleepy, and corrective surgery may be needed to help fix this situation. People never remember that the entire body is all interconnected in a wonderful marvelous mash of cells, nerves and muscles. It seems incredible, but a nerve system can be destroyed after a botched spinal fusion, which can result in a droopy eye effect on the person who underwent the surgical procedure.

If this has happened to you, you need to call our law office right away. We will know what to do to get you the money that you deserve from the people who botched your spinal fusion surgery. You just need to give us a call, and we will know how to start the process to getting you the recovery compensation that you need in this type of case.

Loss of Hearing After Spine Surgery

It is not all that unusual for a person to lose hearing after a botched spinal surgery. This condition is referred to as postoperative hearing loss, or a hearing loss that occurs specifically after a surgical procedure. This is a mistake, and it can happen when a mistake is made that affects the individual’s hearing during or after the operation. Any time that a normally hearing person becomes a disabled individual who has diminished to no hearing after a surgical procedure, this can be a traumatic event. By not being able to hear clearly any more, the individual may also experience other problems, such as vascular issues, balance, vertigo and tinnitus problems. Your balance is also affected by your hearing, and a person with diminished hearing can experience balance problems after this type of surgical mistake.

It is difficult to diagnose a treatment for bringing back hearing after it is lost due to a spinal fusion surgery. Some possible treatments may include the following (every case is different, and some of these may never apply to one person or another):

• Bedrest
• Hydration increase
• Cochlear vasodilators
• Steroid shots
• Betahistine
• Hyperbaric oxygen therapy
• Epidural blood patches
• Plasma extenders
• Carbogen inhalation
• Drugs to reduce inflammation and ear pressures
• Drugs to improve blood circulation

You need to talk to an attorney who knows what to do, when this traumatic event occurs after a spinal surgery. We are able to discuss this case with you and help you to identify the next steps, if you have experienced hearing loss after a spinal surgery.

Incontinence Urination – Can’t Hold Urine After Spine Surgery

The condition of urinary incontinence can occur after a spinal fusion surgery. This condition means that the person who has had spinal surgery will after the surgery be unable to hold in his or her urine normally. This is a rather personally sensitive condition, whereby the individual suffering from the condition will be highly embarrassed by it on all fronts. Urinary incontinence can occur after a spinal surgery where some mistake in the surgery affects the ability of the person to hold urine. There could have been muscle or nerve damage in the area of the body that affects the bladder, and its ability to securely hold in urine.

There are different types of urinary incontinence that can occur after a botched spinal surgery, including:

• Loss of urine
• Involuntary leaks of urine
• Urgency to urinate
• Urine with exertion
• Urine leaks after a sneeze or cough
• Urine leaks with pressure noted in lower abdomen
• Losing urine on the way to the toilet
• Feeling of an urgency to always run for a toilet
• Bladder contractions stimulating urge for urination
• Walking or standing from a chair urging urine
• Exercising triggering urine to come out
• No brain signal to wake up to urinate during sleep
• Poor bladder emptying during the day (always feeling “something is left over”)

The diagnosis of incontinence will be made by a medical professional, and it will depend on the diagnosis as to how this condition will need to be treated. The sufferer will undoubtedly feel embarrassed, ashamed, uneasy to be around others, and have pain and suffering because of a lowered quality of life.

Loss Of Taste – After a Spine Surgery

It is possible to lose the smell and taste of food, after having undergone a spinal surgery. The formal medical names for these conditions are anosmia, or the loss of smell, and ageusia, which is the loss of taste. Anosmia and ageusia are rare conditions that can occur after a spinal surgery, but they may be more apt to occur after a failed or botched spinal fusion surgical procedure.

It is difficult to impossible for a person to go into a spinal surgery being able to smell fresh cooked food, and taste savory spices in a dish of food, and to come out of the spinal surgery unable to smell or taste food properly again. Tasting and smelling food and other objects in our environment are important to our survival – we all need to properly taste and smell with the properties that we were born with in this life.

The action of tasting and smelling are accomplished in our bodies, with a complex combination of the brain receiving impulses from our nose and mouth (read: taste buds). Your tongue has almost 5,000 receptor taste buds, to distinguish the fine flavors of food, and determine salty, sweet, bitter or acid, as well as umami (which can distinguish glutamate and inosinic acid – think fish, beef, cheese, tomatoes, etc.) food tastes.

If you are wondering how this can happen, it can happen quite easily. If the anesthesia is injected or placed near a nerve, then it can result in damage to that nerve to prompt loss of taste in the person affected. Olfactory receptor cells are able to possibly regenerate themselves over time, but if they cannot, then the person suffering with this condition will have a serious reduction in the quality of life. Similarly, if an individual loses tasting capabilities forever, that individual will also have a high level of pain and suffering related to the loss as well. That pain and suffering will need to be included in a final settlement package when the case is settled.

Electing to File a Lawsuit – Winning Your Case in the Court of Law
Medical malpractice can be established if the practicing surgeons failed to follow specific criteria for the procedure established by the specialty he is a member of. The majority of medical error cases are predicated on the negligence theory cause of action. There are four basic elements that need to be proven in order to establish a basis for medical malpractice in the court of law.

• Duty: A medical physician has a duty to follow specific guidelines established by his or her medical profession at large with respect to any procedure or operation conducted on a patient.
• Breach of duty: A breach of a duty of care takes place if there was a failure to follow the guidelines.
• Causation: The breach of a duty of care needs to be the cause of the damages suffered by the patient.
• Damages: The victim needs to have suffered identifiable and diagnosable injuries.

Other Causes of Malpractice: Other than mistakes or errors during a procedure, other avenues for establishing medical negligence in these cases include the following…

• Surgeons Failure to utilize other alternatives with a reduced probability of harm in comparison to the procedure which caused the harm.
• Failure to receive proper informed consent from the patient.

Financial Recovery Available for Victims
Victims of personal injury resulting from the improper actions of others have the right to receive financial recovery for all damages sustained. Recovery is available in the following categories.

• Recovery of all medical expenses and rehabilitation care.
• All future medical care expenses including rehabilitation and nursing care, if needed.
• Loss of earning and future loss of income potential due to long-term chronic pain and disability.
• Pain and suffering recovery – victims have the right to receive recovery for the physical pain and emotional distress they have had to endure.
• Punitive Damage Compensation: Many courts will award victims of personal injury punitive damage recovery. Punitive damages are awarded when the at-fault party acted with the intent to cause harm or acted in gross negligence/recklessness towards the health and well being of others.
• Loss of Consortium: Married spouses of victims have a right to financial recovery on behalf of the loss of physical and emotional intimacy they have had to endure due to the physical injuries suffered by their husband or wife.

Cost of Hiring an Attorney:  One of the most frequent rationales as to why many victims of medical malpractice choose not to pursue a claim against their doctor is the seemingly high costs of legal representation. Many law firms will initially ask victims for thousands of dollars in a retainer fee; while others will ask for many thousands more just to review potential client’s medical records.  Our law firm will never ask you to provide us any money. We work strictly on a contingency fee basis. This means that our fees and our costs will be applied only if there is a successful resolution of your case. If we are not successful you will not have to pay us a single penny. To learn more about our ZERO FEE Guarantee see here…

Attorney Case Review Free of Charge: If you have any further questions and would like to speak with an attorney regarding your case contact our law offices. All consultations and case reviews are provided by our legal team free of charge.

Further Information:

CRPS Caused by Surgical Mishaps

Hand and Wrist Procedure Malpractice

How Much Is a Spinal Cord Injury Medical Malpractice Case Worth?

About Us: Our law firm is dedicated to providing victims of medical malpractice with the legal representation they need in order to seek recovery for any losses incurred. Below you will find helpful information regarding missed diagnosis of skin cancer, legal implications of medical malpractice claims and the compensation you are entitled too. If you have any further legal questions or if you wish to have your case evaluated by our attorneys feel free to contact our law offices. All legal consultations are provided by our attorney free of charge.

What is Melanoma – How to Properly Diagnose It

Melanoma is the sixth most prevalent cancer amongst residents in the United States. As such primary care physicians and dermatologist need to be aware of risk factors and conduct proper testing in order to properly diagnose the ailment.

Risk factors for developing skin cancer: A primary care doctor and or dermatologists need to be aware of the risk factors associated with the development of the illness. Some of the most significant risk factors include the following.

• Light skin – those with a white racial background have a 7 fold increased chance of developing melanoma.
• Light every, freckles, red or blonde hair.
• A history of sunburns
• Persons with multiple nevi and moles in particular large irregular navi
• Person with moles that change in appearance over time
• Heredity – family history on skin cancer – if two or more family members have had melanoma then a patient stands at a near 100 chance of developing the illness. These patients need to undergo high level of scrutiny during then medical appointments.
• Use of tanning beds.

Testing for the Diagnosis: There are several tests which can be used to rule out skin cancer: One of the tests is described below.

• ABC Mnemonic: A- Asymmetry of the mole, B – Borders of the mole look irregular and or have changed over time C – Alteration in Color  and D – The mole or nevi is larger than 6 millimeters in diameter.

How to Establish Primary Care and Dermatologist Malpractice – Can I Sue for Missed Diagnosis of Skin Cancer

There are four elements which need to be established in order to prove negligence based medical malpractice case.

• Duty Owed by the Defendant: Generally medical doctors have a duty to strictly follow guidelines established by the medical specialty they are members of.
• Breach of Duty: Breach of a duty of owed by a medical professional takes place when there is a deviation from the established standard or care.
• Causation: The specific deviation from the standard of care needs to have been the cause of the injuries suffered.
• Damages: There needs to be discernible and diagnosable injuries resulting from the medical error.

Financial Recovery Victims of Medical Malpractice are Entitled too

Victims of medical errors including missed or wrongful diagnosis of a medical condition have the right to seek financial compensation for any damages they have incurred. Average case value or the estimated settlement amount of a case is predicated on factors which are unique to every case. Some of the most important factors in determining case value include the following.

• The extent of the injury suffered.
• Medical costs associated with the harm suffered.
• Future medical and rehabilitation expenses.
• Economic damages – loss of income and future loss of earnings.
• Non-economic damages – pain and suffering, mental anguish.

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Filing Wrongful Death Claim On Behalf of Deceased Loved Ones

In California family members of a deceased person have the right to receive financial recovery for the damage caused by the death of a loved one.

Economic Losses: California law does not place a restriction on a claimant right to seek out recovery for economic losses incurred for the death of a loved one. Economic losses can include incurred medical cost, loss of earnings of the deceased victim and the loss of household service the deceased victim provide to the family. Loss of the financial benefits that was provided to the family of the deceased require specific evidence including how many years the person was able to work if there was no death, W-2 statements and tax records. In the state of California the household services which would have been rendered by the deceased victim are considered income and thus are recoverable under the economic damages provision. The value of household service would be the replacement costs of the service rendered. In other words how much money would it take to hire an individual that would be able to perform the same duties as the person who has died.

Non Economic Losses: California Medical Injury Compensation ACT (MICRA):  In 1975 the state of California passed laws which greatly restricted the rights of patients who have suffered harm due to the negligent errors of medical professionals.  Once such restriction is a $250,000 cap placed on compensation for a victims non-economic damages which include, emotional distress, pain and suffering, mental anguish, and punitive damages.  Punitive damages are awarded in claims where the at fault party was acting intentionally to cause damage or acted grossly negligent reckless conduct while performing his or her professional duties.

Cost of Legal Representation for Medical-Malpractice Cases

One of the principal concerns of victims of personal injury involves the seemingly high cost associated with legal representation. In order to alleviate such concerns our law firm has decided to work strictly on a NO WON ZERO FEE contingency fee basis. This means that a client will not have to pay a single penny out of pocket for any or our legal fees or costs. Once the case is settled our firm will take a percentage of the settlement. That percentage is delineated by California MIRCA law. To learn more about our fee structure see here…

Legal Consultation and Case Review Available:  Our attorneys are able to provide free no cost legal case review for individuals who have suffered harm in any type of medical malpractice matter. If you have any further legal questions or would like to receive a second opinion contact our law offices.

Further Reading:

Failure to Detect Blood Clots

Failure to Diagnose Heart Attack

Every year podiatrists and orthopedics doctors perform thousands different type of ankle surgeries on behalf of their patients. The vast majority of these surgeries are successful. However, in some cases, patients suffer from debilitating post-surgical complications often caused by the surgical malpractice of the practicing physicians. Our law firm is dedicated to providing legal representation on behalf of clients who have suffered serious health issues following a medical operation. Below you will find helpful legal information regarding financial recovery for the damages suffered due to the negligent actions of doctors and surgeons. If you have any further legal questions or if you would like to pursue a claim for medical negligence please feel free to contact our law offices.  All legal consultations, case reviews and second opinions are provided by our attorneys free of charge.

Establishing Medical Malpractice Liability – Winning Your Case in the Court of Law

The vast majority of medical malpractice cases are predicated on negligence-based cause of action. There are four elements which need to be ascertained in order to prove negligence.

1. Duty: The at-fault party owed a specific duty to the injured party:
2. Breach of the duty of care:
3. Causation: The breach of the duty of care was the cause of the damages suffered.
4. Damages: The plaintiff (the patient) suffered discernible and diagnosable injuries resulting from the malpractice.

Establishing a Medical Duty and Breach of the Duty of Care:  A medical practitioner (surgeon) owes a special duty to follow the specific guidelines provided by the medical specialty he is a member of. Failure to follow such guidelines will result in the establishment of the breach of the duty of care. For example in a torn tendon surgery the orthopedics medical board of California has delineated a 10 step process that must be followed; the surgeon fails to follow steps 5. At that point medical malpractice will be established since the surgeon had a duty to follow steps 1 to 10 but failed to follow one of the steps.

Most Common Surgical Procedures for Ankle Surgery

Below if a list of some of the most common ankle surgeries and procedures in the United States.

• Torn or ruptured tendon
• Achilles tendinosis
• Subtalar arthroscopy and Fusion
• Tendon replacement surgery
• Ankle ligament Reconstruction and or Stabilization
• Endoscopy or arthroscopy of the ankle
• Total ankle replacement surgery and insertion surgery
• Cheilectomy – removal of bone spurs or a bony lump in the affected region
• Surgery following a pilon fracture
• Talar neck and body fracture surgery

Common Injuries Resulting from Ankle Surgery Errors

Some of the most common risk factors and injuries associated with ankle surgeries include the following…

• Severed or impinged nerves – nerve damage
• Misplacing of screws
• Surgeons and hospital staff fail to remove surgical tools, instruments and other material
• Performing surgery on the wrong ankle
• Complex Regional Pain Syndrome – CRPS or RSD
• Infections including sepsis and gangrene
• Nerve entrapment
• Failure to provide informed consent before the surgery
• Amputation of the foot due to complications
• Procedures which exceed the consent provided for by the patient
• Post surgery medication errors
• Development of blood clots including DVT – Deep Vein Thrombosis and pulmonary embolism

Financial Recovery Available on Behalf of Patients

Victims of personal injury are entitled to recovery for all losses incurred. A calculation of the damages recovered is predicated on important factors described below.

• The level and severity of the damages suffered by the patient.
• The length of time it will take for the patient to heel – and associated medical and rehabilitation care.
• Total medical costs and estimated future medical care costs.
• The level of pain and suffering and emotional distress suffered by the patient.
• Loss of wages and future loss of income due to the injuries suffered.
• Availability of punitive damage compensation.

Note: In the state of California all medical malpractice claims are subject to a $250,000 cap on recovery for non-economic damages which include pain and suffering compensation and punitive damages. Punitive damages are awarded in cases where the at fault party acted with the intent to cause injury to another or acted on gross disregard for the life and health of a patient.

Attorney Consultation Available: If you have any further questions and would like to speak with our attorneys feel free to contact our offices. All case reviews and consultations are free of charge.

Further Information:

Ankle Surgery Resulting in Foot Drop

DVT – Deep Vein Thrombosis Caused by Surgery Malpractice

ERCP is a highly complex procedure which requires various safety systems which need to be implemented by the hospital and the practicing physician in order to reduce the probability of medical complications.  Safety procedures should include, frequent and proper training, proper cleaning of the instruments, and rigorous inspection of the medical devices used in the procedure.

Unfortunately ECRP procedures often result in serious medical complications including the development of chronic pancreatitis and severe life threatening infections including the contraction of CRE.

Filing a Medical Malpractice Lawsuit – Wining Your Case in the Court of Law: A case for medical malpractice can be established via a negligence based cause of action. There are four elements which need to be shown in order to prove the existence  of medical negligence.

1. Duty – a medical professional owes a duty of care to a patient to act in a manner consistent with his or her medical specialty.
2. Breach – a medical professional has breached a duty of care when he takes actions in a manner inconsistent with the designated curse of medical treatment established by the medical profession.
3. Causation – The injuries suffered have to be a direct and approximate cause of the injuries suffered.
4. Injuries – there have to be actual identifiable injuries suffered by the patient.

Compensation Available for Victims  – Average Case Settlement Value:

Victims of personal injury are entitled to compensation under the law for any and all damages incurred. A calculation of the average case value for a medical malpractice case is predicated on several factors described below.

1. The severity and magnitude of the injuries suffered.
2. All medical and rehabilitation costs.
3. Future medical expenses.
4. Economic damages, including lost wages and loss of future income.
5. Non economic damages – including mental anguish, emotional distress, pain and suffering and punitive damages.

Non-economic damages explained: In many jurisdictions across the county non-economic damages are statutorily capped as a specific monetary amount. For example, in the state of California there is a $250,000.00 Cap placed on non-economic damages which include punitive damages.

No Cost Attorney Consultation Available: If you have any further legal questions regarding the filing of a medical malpractice lawsuit for injuries suffered due to an endoscopic procedure feel free to contact our law offices. All legal consultations are provided by our attorneys free of charge.

Blood draw, otherwise referred to as phlebotomy is conducted thousands of times a day in hospitals and medical facilities across the country. The vast majority of blood draw procedures go as planned and do not cause any serious harm to the patient. However, in some instances, the procedure can result in serious medical complications and even death.

Victims of harm may be able to file a claim for recovery in cases where their injuries are caused by the negligent actions or malpractice of a practicing medical practitioner, including registered nurses, and caretakers.

Our law firm is proud to represent individuals who have suffered harm as a result of intentional or wrongful acts of medical professionals. If you have any further questions please feel free to contact our law offices. All legal consultations are provided for free of charge.

Common Cause/Mistake when Drawing Blood: Some of the most common caused include the following.

1. Failure to properly identify and select the site of the venipuncture.
2. Use of a needle that is either too small or too large for the blood vessel.
3. Pulling of the plunger on the syringe too quickly.
4. Failure to instruct the patient on timely withdrawal of fist clenching during the collection process.
5. Failure to remove the tourniquet in a timely manner.

Legal Right to Compensation – Recovery Available Under the Law: Patients who have suffered harm as a result of an error by the hospital are entitled to compensation under the law for all damages suffered. Some of the damages compensable include the following.

1. All medical and health-related expenses.
2. All future medical and health costs.
3. Economic damages including loss of wages, future loss of wages and lost time in school.
4. Non-economic damage including pain and suffering as well as emotional distress.

Attorney Consultation Available Free of Charge:  if you have any further legal questions feel free to contact our law firm. All consultations are provided by our attorneys free of charge.

More Information on Medical Malpractice and Nerve Damage

Nerve Damage Medical Malpractice Attorney

Can Hospitals Be Sued for Blood Draw Causing Injury – Nerve Damage

Varicose Vein Surgery Malpractice Lawsuit – Nerve Injury Attorney

Hand Injury Complex Regional Pain Syndrome (CRPS) Lawsuit Attorney

What is Complex Regional Pain Syndrome? How to Diagnose CRPS?

The IVC filter is a device used on thousands of patients in the United States each year. Unfortunately, the use of the device has been linked to an increased risk of severe health complications resulting from filter migration or a fracturing of the device. Such complications may include perforation, blood clots, DVT, and death.

One of the most common questions asked by our prospective clients regards the amount of compensation a victim will be able to receive in a case. What is important to note is that every single case is different; comprising of a unique set of facts and circumstances that result in different settlement or jury verdicts. Some of the most common factors in determining the value of a lawsuit include the following.

1. The severity and magnitude of the injuries suffered.
2. The length of time required to properly heal from the injuries suffered. Whether the injuries result in a long term or permanent disability; and a requirement for nursing and home care.
3. Economic damages – including all medical and hospitalization costs; lost income and future loss of wages.
4. All future medical and rehabilitation costs – requirement to removal and takedown surgeries and any.
5. Emotional loss – including pain and suffering, post traumatic stress and other issues identified to have resulted from the traumatic incident which took place. Compensation for emotional distress
6. Availability for Punitive Damages (the egregiousness of manufacturers behavior) – in instances where the at fault party acted with either the intent to cause harm or acted in reckless indifference for the life and health of others the courts will grant the awarding of punitive damages. Based on recent supreme court opinions punitive damages can be as much as 10 timed the actual damaged suffered. Unfortunately many medical device manufacturers attempt to downplay the known risks associated with the implantation of their products so as to pass FDA approval guidelines much to detriment of the end user (patient).
7. Wrongful Death Claim Values – wrongful death claims are values bases on several factors which are slightly different than claims where the individual was injured but was able to survive.

Depending on the injuries suffered an IVC filter claim can result in a settlement or verdict in the range of $200,000.00 and $750,000.00. Such numbers are mere averages; since every case is different the value of your specific case will vary.

Attorney Consultation and Second Opinion Available:  Unfortunately many law firms lack the experience knowledge and resources necessary to maximize the value of a defective medical device claim. If you already have legal representation on your case and would like a second opinion or a case review please feel free to contact our offices.  More so, if you are not being represented by any firm and have any further questions regarding claims against manufacturers of defective medical equipment and implants feel free to contact our law offices. All legal consultations are provided by our office free of charge.

FURTHER INFORMATION:

Statute of Limitations IVC Filter Lawsuit

Migration Perforation Blood Clot Lawsuit

Common Injuries associated with such procedures include, perforation, internal bleeding, heart attack, tear or ruptures, infections including sepsis, irritable bowel syndrome, intestinal flora disruption, and death. In many studies repeated colonoscopies can  increase the rate of strokes, heart attack and pulmonary embolism.

Our law firm is proud to represent individuals who have suffered harm due to the negligent or wrongful acts of practicing physicians and other medical professionals.

Wining Your Case in the Court of Law – Medical Malpractice Laws Explained

The vast majority of medical malpractice claims are predicated on a negligence based cause of action. There are four elements which need to be proven in order to establish a basis for negligence in such cases; Was there a duty of care, was the duty of care breached by the defendant, did the breach of the duty of care cause the harm suffered by the victim, did the victim suffer from discernible injuries.

Victims Right to Compensation Under the Law

Patients rights in medical negligence claims include recovery for all damages sustained. Some categories of damages compensable in such cases include the following.

• All medical and health related costs.
• All future medical and rehabilitation expenses.
• Economic Damages – including loss of earning and future loss or reduction of income.
• Non-economic damages – including pain and suffering, and punitive damages.
• Note: In the certain states including California compensation for non-economic damages may be capped at a specific monetary amount. In California the cap is placed at $250,000.00.

Cost of Legal Representation: In many instance victims of personal injury may feel hesitant to contact an attorney to learn more about their rights because of the perceived high costs associated with legal representation. Our law firm works on most cases on a contingency fee basis; this means that you don’t have to pay for any legal fees or expenses incurred out of pocket until the cases us resolved in a successful manner.

Attorney Consultation Available: If you have any further legal questions feel free to contact our law offices. All legal consultation are free of charge. Our attorneys are able to take on cases across the state including San Diego, San Francisco bay Area, and the San Joaquin Valley.

Complications Associated with Varicose Vein Stripping and Ligation Surgery:  There are risks linked to any type pr surgery. Some of the most common issues and complications which may arise in such procedures include the following.

• Burning of nerves.
• Partial or complete severing of nerves.
• Other forms of nerve injury.
• Formation of ulcers on the skin.
• Severe blood clots.
• Allergic reaction to anesthesia used.
• Development of CRPS or Complex regional pain syndrome.
• Long term or permanent disabilities associated with any injuries sustained.

Recovery Available for Victims of Medical Negligence in California

Victims of medical malpractice are entitled to full and just recovery for all damages sustained. Specific damages recoverable can include the following.

• All medical and health related expenses.
• All future medical and rehabilitation care.
• Economic damages including lost wages and future loss of income.
• Non-economic damages including pain and suffering and emotional distress.
• Punitive damages – In such cases punitive damages can be awarded when the at fault party acted either with the intent to cause harm to reckless disregard for the life and health of the injured patient.
• Note: In the state of California compensation for non-economic damages including punitive damages is capped at $250,000 per person.

Deadline for Filing a Medical Malpractice Claim in California: Victims of medical malpractice have one year from the date of the incident. Failure to file a claim within a timely manner will result in the elimination of your right to recovery under the law.

Cost of Legal Representation

Victims of medical malpractice often suffer severe economic damage due to their inability to work in the same shape or fashion as before. Such victims are hesitant to seek our legal representation because of a fear of high legal costs on top of their already mounting economic damages. That is why our firm represents our clients on a contingency Now No Fee Guarantee basis; this means that our clients do not have to pay for any of their legal fees out of pocket. Our fees apply on when there is a successful resolution of your cases. In cases that we are not able to reach a financial settlement or verdict you will not owe us anything for any and all legal work we have put in to the case.

Attorney Consultation Available Free of Charge

If you have any further questions regarding severe complications caused by the negligent, intentional or wrongful acts of practicing physicians feel free to contact our law offices. All legal consultations are provided free of charge.

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Knee Replacement Surgery Malpractice Lawyer
Disc Replacement Surgery Average Settlement
Carpal Tunnel Surgery Medical Malpractice