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Over the years ]oseph, Creenwald S Laake successfully resolved many cases involving medical malpractice for adults, children and newborns. Wrongful diagnosis, failure to revise an initial diagnosis and failure to remove a surgical instrument from the patient's body are common complaints about doctors.
Over the years ]oseph, Creenwald S Laake successfully resolved many cases involving medical malpractice for adults, children and newborns. Wrongful diagnosis, failure to revise an initial diagnosis and failure to remove a surgical instrument from the patient's body are common complaints about doctors.
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Over the years ]oseph, Creenwald S Laake successfully resolved many cases involving medical malpractice for adults, children and newborns. Wrongful diagnosis, failure to revise an initial diagnosis and failure to remove a surgical instrument from the patient's body are common complaints about doctors.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
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Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
failure to refer a patient to another doctor who is a specialist in the relevant disease or injury; failure to explain medical treatment and warn the patient of the risks of this treatment; failure to advise on the options for medical treatment; wrongful diagnosis; failure to revise an initial diagnosis; failure to remove a surgical instrument from the patient's body following an operation; failure to arrange a follow-up session or further tests for the patient; incompetence. Over the years ]oseph, Creenwald S Laake successfully resolved many cases involving medical malpractice for adults, children and newborns. As examples - the following is a short list of some of the types of medical malpractice cases the firm has successfully handled: Anesthesia Negligence - While attempting intubation via specialized means in a patient with a difficult airway, an anesthesiologist with limited experience in procedures over sedated patient resulting in respiratory arrest and death when the physician was unable to maintain the airway and could not resuscitate the patient with the available equipment. ardiology Negligence - !nappropriate use of clot busting agents when surgery should have been performed to restore blood flow to patient's leg, resulting in fatal cerebral hemorrhage. ental Negligence - Failure to properly treat impacted tooth with antibiotics, resulting in dental infection spreading into brain and causing paralysis. 4ergency Nedicine Negligence - Failure to diagnosis heart attack in a S0 year old patient with diabetes and who did not have classic symptoms, resulting in death. 4ergency Nedicine Negligence - Failure to monitor teenage motorcycle accident patient resulting in failure to diagnose signs of delayed cerebral bleeding and patient's death. a4ily Nedicine Negligence - Failure to suspect meningitis in a teenage patient resulting in untreated infection and death. ynecology Negligence - Failure to perform appropriate lower risk gynecological surgery in a patient who because of multiple prior abdominal surgeries had significant scar tissue which created high risk for bowel perforation, resulting in need to perform colostomy. ynecology Negligence - Failure to timely look for bowel perforation following cesarean section, resulting in very advanced infection, sepsis and death. ospital Negligence - Nurses failed to properly monitor a patient postoperatively following female surgery. Patient developed breathing problems which went undetected resulting in death. ospital Negligence - Failure by house officer" to notify surgeon of patient's sore throat and voice changes following neck disc surgery, and Hospital's failure to have proper equipment in surgical ward results in patient's death from bleeding in neck which caused respiratory obstruction and arrest. nternal Nedicine Negligence - Failure to treat patient for high blood pressure resulting in hypertensive stroke and death. Nursing Negligence - Failure to remove a surgical sponge during surgery causing caused ongoing abdominal symptoms for many years up until removal. Nursing Negligence- Failure by nursing to properly monitor an infant's breathing when the child was receiving narcotics following surgery, resulting in prolonged respiratory arrest and severe brain injury. Nursing Negligence - Operating Room nurse's failure to properly position surgical patient for female surgery causing permanent severe nerve damage to nerve in patient's leg. Nursing Negligence - A Nurse negligently pulled out a urinary catheter on a male patient without first deflating the balloon which anchored the catheter inside the bladder. This resulted in incredible pain and damage to the internal structures. Nursing o4e Negligence - Failure to properly treat brain injured or aged patients - resulting in malnutrition, pressure ulcers and death. Neurosurgery Negligence - Failure to properly treat local wound infection in skull following surgery to remove benign tumor resulting in severe central nervous system infection and death. "/stetrician Negligence - Nany child birth cases and complications of child birth: Both Csections and natural deliveries. Complications involving in utero or post delivery care which led to hypoxia, cerebral palsy and other birth injuries. "/stetrician Negligence - Failure to diagnose incompetent cervix resulting in preterm labor and fetal death. "/stetrician Negligence - Failure to properly advise a woman after her first cesarean section to consider dangers of vBAC (vaginal birth after cesarean section) resulting in severe complications of labor in the next delivery. "phthal4ology Negligence - Failure to examine patient with an eye injury in the Emergency Department resulting in rampant infection and loss of an eye. "rthopedist Negligence - Failure to diagnose a fracture in a young woman after a motor vehicle accident which led to AvN and the need for multiple hip replacements throughout her lifetime. "rthopedist Negligence - Failure to diagnose and treat spinal surgical wound infection results in compromised patient's death. "rthopedist Negligence - Failure to properly treat infection in a patient following surgery for leg fracture suffered in a fall, resulting in amputation. #athology Negligence - Failure to diagnose cancer on microscopic examination, resulting in death of a middle aged woman whose cancer was 36 curable if it had been diagnosed properly. #athology Negligence - !ncorrect diagnosis of cancer when no cancer existed leading to unnecessary surgery. #lastic Surgery Negligence - Failure to consider the blood supply that would remain following removal of breast implants, resulting in destruction and loss of breasts and need for total breast reconstruction. #ul4onology Negligence - Lung specialist misdiagnoses patient with severe asthma and prescribes very high dose inhaled steroid as treatment resulting in Cushing's syndrome resulting complications. %adiology Negligence - Neurology Negligence Failure to diagnose or timely treat intracranial aneurysms which burst causing subarachnoid hemorrhage, stroke and traumatic brain damage. %adiology Negligence - Failure to diagnose a fracture on xray resulting in patient fracture becoming displaced. %adiology/ynecology Negligence - Failure to diagnose breast cancer. Surgery Negligence - Failure to properly trace anatomical landmarks in gall bladder surgery, resulting in cutting and clipping of wrong structures and need for very extensive reconstructive billiary surgery. Surgery Negligence - Failure to diagnose and treat bowel obstruction on a timely basis leading to patient's death. Surgery Negligence - Failure to detect bowel perforation resulting in prolonged leakage and sepsis. Surgery Negligence - Burns suffered by patient in operating room. 'rau4a Surgery Negligence - Failure to properly treat multitrauma patient to prevent pulmonary embolism which caused patient's death.
Nursing malpractice can be defined as negligence on the part of nurses which brings physical or emotional damage to the patient under their care. This includes mistakes while assisting in the delivery of a child, failures with medications, or causing any loss and/or injury by not working well. Below are key elements of a nursing malpractice case that should always be taken in mind: 1. Standard of care. Basically, standard of care is the nurturing and concerned behavior of a careful or prudent health care specialist that they provide in all circumstances. Nurse Practice Acts, State Boards of Nursing, and Nursing Departments generally have made policies and procedures regarding standards of care that guide nurses and ancillary staff in almost all patient care situations they may face. Standard of care can help the nurses prevent making fatal mistakes such as: 1. Failure to assess patient's condition such as blood pressure, vital signs, or blood glucose levels on time 2. Inability to take proper action or notify physicians when there are significant changes in the patient's condition 3. Commitment of medication and/or documentation errors 4. Misusing a medical device or gadget 5. Failure to perform a procedure Proper demonstration of standards of care means absence of malpractice in the work place. 2. Duties and responsibilities. Once a nurse accepts assignments, whether they are reports to accomplish, patient care, or doctor assistance, she has already agreed to take responsibilities for those activities. By accepting the assigned patients, for example, the nurse has assumed a duty to take care of and treat the patient with a high degree of skill, care, and diligence acquired or exercised by experienced, competent, and careful nurses. 3. Customer concern. All nurses should bear in mind that the patients are there because they have special needs and that they are the ones responsible in giving the patients those needs. Nurses show love and respect as if the patients are a close relative of theirs. Once the nurses start developing positive feelings towards their patients, the tendency is that they would treat them the way they deserve to be, and they will not be able to commit any misconduct. WIuL Is u MedIcuI MuIprucLIce Cuse WIere You Cun ExpecL JusLIce? Determining whether or not a case oI medical negligence is 'meritorious, or valid in a legal sense, requires breaking down the details oI the case to Iind out iI certain required elements are present. Generally speaking, it must be shown that 1. a signiIicant injury occurred to the patient, 2. the doctor or hospital staII perIormed in a way that was not up to the standard oI care expected Irom such a medical proIessional, and 3. the lack oI care or medical mistake directly caused the injury suIIered by the patient. OI course, in the real world, proving that all these elements are present is a diIIicult proposition. In order to get a better understanding oI what is needed to bring a medical malpractice lawsuit, a Iew examples are listed below. Error In AnesLIesIu A patient undergoing surgery is given an anesthetic which, due to a previous treatment, poses an increased risk oI use. As a result oI using the anesthetic, the patient suIIers liver damage and dies. In this case all three elements are present. Injury, medical negligence and cause. Had the patient not died and perhaps recovered quickly, the negligent act is still present in that the doctor administered anesthesia incorrectly, but there is no case, per medical malpractice tort law, because there is no injury. A DocLors MIsLuke DurIng CIIIdbIrLI During her delivery, a patient suIIers umbilical cord prolapse, which poses a serious threat to the liIe oI the baby iI a c-section is not perIormed immediately. The doctor Iails to act in a timely manner, delaying the c-section. As a result oI the delay, the baby suIIers brain damage. II the doctor had acted in a timely Iashion as is standard, the baby would not have been harmed. UndIugnosed HeurL DIseuse A patient suIIering chest pain due to coronary artery disease, and an impending heart attack, is evaluated in the emergency room, where a doctor Iails to diagnose his condition. As a result, the patient is sent home and suIIers a massive heart attack and dies. In this case, the doctors Iailure to correctly treat the patient resulted in his death. Alternatively, had the patient gone to another hospital and been treated correctly, the Iirst doctor is still negligent in his treatment, but since the injury was avoided due to the persistence oI the patient, there would be no damages Ior which to seek compensation. A DocLors uIIure Lo DIugnose Cuncer A woman with early stages oI breast cancer goes to see her doctor Ior a check up, during which she mentions a small lump in her breast. The doctor Iails to properly test Ior cancer. One year later, the cancer had spread signiIicantly, she is Iorced to go through many months oI chemotherapy and ends up losing a breast. In this case, the Iirst doctor can be held liable Ior a Iailure to diagnose cancer, and will be responsible Ior paying Ior all the medical expenses, loss oI chance oI survival, loss time Irom work, emotional distress and the pain and suIIering involved. MIsdIugnosIs oI DVT A patient suIIering deep vein thrombosis (a blood clot in the deep vein oI the leg) goes to see his doctor about some pain and swelling in his leg. The doctor misdiagnoses the symptoms as a simple leg cramp. One week later, the blood clot is dislodged leading to a pulmonary embolism and death oI the patient. Again, the doctor`s Iailure to diagnose the patient`s illness correctly led to an otherwise avoidable death, Ior which the doctor can be held accountable. uIIure Lo TreuL AppendIcILIs A patient suIIering abdominal pain is taken to the emergency room. The doctor Iails to diagnose appendicitis and sends the patient home. AIter several hours, the patient goes into shock and dies. The doctors Iailure to recognize the signs oI appendicitis and act appropriately was a direct cause oI the patients death, and a claim Ior medical negligence can be Iiled. ,25es of Medic, M,57,ctice Inc:de: O Delayed Cancer Diagnosis O Wrongful Death O Paralysis O Amputation O Birth Trauma O Brain njured nfants O nappropriate or Negligently Performed Surgery O Misdiagnosis of Disease or njury O Disability O Disfigurement f any health care provider fails to act as a "reasonably competent physician, surgeon or health care provider would in the same or similar circumstances in the diagnosis or treatment of a patient", malpractice occurs. Examples of Medical Malpractice Cases Because medical malpractice cases are so difficult to prove, it is important that the case has merit. In some cases, malpractice by the health care professional occurs, but the act does not cause the injury. Although it is very unfortunate that the healthcare professional breached their duty to the patient, it does not make for a strong medical malpractice case. Strong cases exist when claimants can show that the medical error was the cause of permanent injury. The examples below are general instances where medical malpractice might have occurred. This is certainly not a complete list of all medical mistakes or errors, but is very useful in providing a level as to what constitutes breach of medical care. 3esthesia A patient underwent surgery with a certain anesthetic, even though they had previously had a problem with that anesthetic. The patient suffered greatly or died from the effects of the anesthetic. An anesthesiologist runs out of oxygen in the middle of an operation and the patient has a cardiac arrest. 3ioraphy An angiography (a test of the arteries) is performed incorrectly and the patient suffers brain damage. o3e Fractures A patient experiences one or multiple fractures. The physician is periodically monitoring them, but the patient is allowed to walk. The X-rays come back and indicate that the patient should not be walking and they suffer permanent damage to the body. A patient experiences a bone fracture that is then improperly set. The result is permanent damage or disability to their arm, leg, etc. Back to Top ur3 Therapy A patient with severe burns receives inadequate "burn therapy" and continues to suffer horribly, both from a pain and aesthetic perspective. elayed Treatme3t A physician does not properly detect the existence of a condition, and because of this, the person is not admitted to the hospital. The condition becomes worse but the hospital does not admit them. By the time they receive appropriate treatment it is too late to save them. elivery of Childre3 A woman experiences complications during delivery. She requires a C-section but the attending physician delays this step. The baby develops Cerebral Palsy as a direct result. A baby with a metabolic disorder suffers some degree of brain damage after they are misdiagnosed and/or monitored during the delivery process. The healthcare personnel fail to detect that a child was born with a blood problem-Rh incompatibility-antibodies (which destroy the blood in the baby). iet A patient has just undergone an operation for a head injury. Despite a physicians orders that a patient is to receive no food orally, the physicians assistant nonetheless feeds them by mouth. This error results in serious brain damage. Back to Top ru ddictio3 A patient has an operation that turns out to be unnecessary. Following the operation, the patient becomes addicted to painkillers, drugs, etc. ru Reactio3 A patient is given the wrong medication, despite the fact that the proper medication is on the chart. The patient suffers a serious drug reaction that causes permanent damage to the patient. Experime3tal Therapy An experimental therapy is undertaken with the purpose of providing relief from a medical malady. The operation or therapy results instead in a serious disability, neurological problem, or permanent damage to the brain. eart Surery A patient undergoes a heart procedure that ultimately proves to be unnecessary. The surgery results in improper valve function, a blood clot, etc., which causes long-term health problems for the victim. emorrhai3 A hospital patient hemorrhages either from an injury or after a surgical procedure. The hemorrhaging goes undetected and inadequate reaction and treatment by hospital staff results in the patients death or permanent damage. Back to Top ysterectomy A patient undergoes a routine hysterectomy that goes awry and results in a severance of the ureters. This is not detected and it causes the loss of the patients kidney. A womans hysterectomy results in severe bleeding. The result is additional surgeries and costly and time-consuming complications. 3adequate Medicatio3 A patient with a severe health condition is prescribed medication that turns out to be grossly inadequate. The condition worsens, yet the doctor does not make the appropriate changes to their medication. The result is long-term damage or death. 3fectio3s A surgical procedure is performed that results in an unnoticed infection. When it is finally discovered, the treatment is delayed and a further surgery is needed. The result is permanent damage or disability to the patient. ab Errors The results of a laboratory test indicate a benign condition when, in fact, the results indicate something much more serious. By the time the mistake is discovered, there has been permanent damage done to an individual. Back to Top Misdia3oses The physician failed to properly diagnose a patients cancer. The patient therefore does not take the necessary steps to cure the cancer and eventually succumbs to the disease. A patient has appendicitis that is not diagnosed by their physician. The appendix ruptures and kills the patient. A patient ingests a poisonous substance without knowing it. The physician incorrectly diagnoses the problem and the patient experiences permanent damage or dies. A physician informs a patient that their condition is much less severe than it turns out to be. By the time the severity of the problem is known there has been permanent injury. A young child swallows a metal object that goes undetected by the doctor and the child dies. An eye doctor diagnoses an eye condition without properly examining a patient. The misdiagnosis eventually leads to the patient losing their eyesight. !riapism A patient is given a diagnostic spinal tap, causing him to experience priapism (an extended and painful erection of the penis). The treatment does not occur promptly and afterwards the condition causes a degree of impotency and/or impairs the ability to urinate. Back to Top Spi3al Surery A patient undergoes spinal surgery to remove a disc. During the operation, nerve damage occurs that, despite additional surgeries, is unable to be cured. The patient therefore has to live with back pain. During back surgery, the spinal canal is accidentally punctured and the patient either suffers a serious disability or long-term pain. A patient undergoes back surgery, but a tear in the covering of the spinal cord is not detected. The patient develops spinal meningitis and dies. Stomach Surery A patient has an operation to remove a section of their stomach. Complications ensue and further surgeries are required that end up causing permanent health issues and/or disability. A patient undergoes an unnecessary operation. The result is additional operations that lead to a prolonged period of disability. Tra3sferred without Co3se3t A patient is transferred from one hospital to another without consent of the attending physician. While the transfer is occurring, they suffer a serious complication or brain damage. &3co3trolled iabetes As a result of the physicians failure to control the diabetes and/or deficiencies in potassium, the patient dies.
ConsenL and AuLhorlzaLlon for AuLopsy Addressograph or aLlenL name / PosplLal number 1he College recommends LhaL each paLhology group develop lLs own speclflc consenL form Lallored Lo appllcable law lnsLlLuLlonal pollcles and local pracLlce 1hls auLopsy consenL form ls offered as Servlce a sLarLlng polnL rlor Lo adopLlng a speclflc form Lhe paLhology group should have Lhe form revlewed by an aLLorney knowledgeable abouL appllcable law and senslLlve Lo local pracLlce 1he group should also have Lhe form revlewed by approprlaLe lndlvlduals wlLhln any lnsLlLuLlon ln whlch auLopsles wlll be performed Servlce ALLendlng hyslclan uaLe of deaLh 1lme of deaLh l (prlnLed name) ___________________________________ Lhe (relaLlonshlp Lo Lhe deceased) ____________ of Lhe deceased _____________________________________ belng enLlLled by law Lo conLrol Lhe dlsposlLlon of Lhe remalns hereby requesL Lhe paLhologlsL of (name of hosplLal) _____________________________ Lo perform an auLopsy on Lhe body of sald deceased l undersLand LhaL any dlagnosLlc lnformaLlon galned from Lhe auLopsy wlll become parL of Lhe deceased's medlcal record and wlll be sub[ecL Lo appllcable laws eLenLlon of Crgans/1lssues l auLhorlze Lhe removal examlnaLlon and reLenLlon of organs Llssues prosLheLlc and lmplanLable devlces and flulds as Lhe paLhologlsLs deem proper for dlagnosLlc educaLlon quallLy lmprovemenL and research purposes l furLher agree Lo Lhe evenLual dlsposlLlon of Lhese maLerlals as Lhe paLhologlsLs or Lhe hosplLal deLermlne or as requlred by law 1hls consenL does noL exLend Lo Lhe removal or use of any of Lhese maLerlals for LransplanLaLlon or slmllar purposes l undersLand LhaL organs and Llssues noL needed for dlagnosLlc educaLlon quallLy lmprovemenL or research purposes wlll be senL Lo Lhe funeral home or dlsposed of approprlaLely l undersLand LhaL l may place llmlLaLlons on boLh Lhe exLenL of Lhe auLopsy and on Lhe reLenLlon or organs Llssue and devlces l undersLand LhaL any llmlLaLlons may compromlse Lhe dlagnosLlc value of Lhe auLopsy and may llmlL Lhe usefulness of Lhe auLopsy for educaLlon quallLy lmprovemenL or research purposes l have been glven Lhe opporLunlLy Lo ask any quesLlons LhaL l may have regardlng Lhe scope or purpose of Lhe auLopsy LlmlLaLlons none ermlsslon ls granLed for a compleLe auLopsy wlLh removal examlnaLlon and reLenLlon of maLerlals as Lhe paLhologlsLs deem proper for Lhe purposes seL forLh above and for dlsposlLlon of such maLerlal as Lhe paLhologlsLs or Lhe hosplLal deLermlne ermlsslon ls granLed for an auLopsy wlLh Lhe followlng llmlLaLlons and condlLlons (speclfy) SlgnaLure of person auLhorlzlng Lhe auLopsy uaLe 1lme SlgnaLure of person obLalnlng permlsslon rlnLed name of person obLalnlng permlsslon SlgnaLure of wlLness rlnLed name of wlLness ermlsslon was obLalned by Lelephone 1he above sLaLemenLs were read by Lhe person obLalnlng permlsslon Lo Lhe person granLlng permlsslon 1he person granLlng permlsslon was provlded Lhe opporLunlLy Lo ask quesLlons regardlng Lhe scope and purpose of Lhe auLopsy 1he underslgned llsLened Lo Lhe conversaLlon wlLh Lhe permlsslon of Lhe parLles and afflrms LhaL Lhe person granLlng permlsslon gave consenL Lo Lhe auLopsy as lndlcaLed above SlgnaLure of person obLalnlng permlsslon rlnLed name of person obLalnlng permlsslon SlgnaLure of WlLness rlnLed name of WlLness uaLe 1lme lnS1DC1lCnS 1o be valld Lhls documenL 1) musL be daLed 2) musL be slgned by Lhe person obLalnlng permlsslon Anu 3) musL be slgned elLher by Lhe person granLlng permlsslon or Lhe wlLness monlLorlng Lhe phone call ln whlch permlsslon was glven
!are3tal Medical Co3se3t TE !RTES TO TS REEMENT RE: TE !RENT(s) / &RN(s) Full Name and Surname:
Identity / Social Security or Other (Specify) number:
Full Name and Surname:
Identity / Social Security or Other (Specify) number:
Physical Address:
Contact Details:
(hereinafter referred to as "the Parent / Guardian") TE C Full Name and Surname:
Birth Date / identifying numbers:
(hereinafter referred to as "the Child") TE TEM!ORRY &RN(s) Full Name and Surname:
Identity / Social Security or Other (Specify) number:
Full Name and Surname:
Identity / Social Security or Other (Specify) number:
Physical Address:
Contact Details:
(hereinafter referred to as "the Temporary Guardian") 1. I authorize the Temporary Guardian to administer general first aid treatment for minor injuries or illnesses experienced by the Child except where any such first aid treatment is specifically excluded hereunder:
2. I authorize the Temporary Guardian, in the event that I cannot be contacted or if any urgency dictates, to act in loco parentis for the Child in respect of any circumstances, including any accident or illness, which may necessitate medical treatment, including surgery, and on my behalf to authorize any such treatment or surgery which they, in their sole discretion, (which discretion shall not be unreasonably exercised), may deem necessary. Medical treatment for the Child may also include dental surgery, x-ray, blood transfusion, anesthetic and medication provided any such medical treatment is performed by a duly licensed practitioner. I hereby accept full liability for all costs incurred through such medical treatment for the Child. 3. Persons responsible should please note the following: (Please state aspects eg. allergies, tendency towards abnormal bleeding, epilepsy, etc.)
Present prescribed, or other medication that is being administered:
4. The following information is essential in case of medical treatment or hospitalization: 4.1. Name and Address of Employer:
4.2. Medical Aid / Insurer:
4.2. Policy Number:
5. I declare that I am the legal custodian of the Child and that I have legal authority to grant medical consent to the Temporary Guardian for the Child. 6. Unless inconsistent with the context, words signifying the singular shall include the plural and vice versa. 7. This medical consent will be in effect from the _______ day of ___________________20__ until the _____ day of ______________________20__
Signed at ______________________on this ______day of _________________20____