Medical Negligence

There are many types of medical malpractice cases, and each case is unique. If you think you have a case, but need more clarification, please contact us for a free case evaluation. Please be aware, however, the primary question in any medical malpractice case is “what are the damages?” Many people receive bad advice from doctors, they receive the wrong medication from pharmacies and even the best doctors can make mistakes. Despite receiving bad advice, and/or treatment, the patient is not severely injured or no permanent damage has occurred. But when serious injury or death occur, we are ready to step in and help. Medical malpractice cases are very expensive and time consuming. As a result, our firm focuses on medical malpractice cases involving serious, permanent injury and/or death.

Some of the more common types of medical malpractice cases are the following:

FAILURE TO DIAGNOSE A DISEASE OR CONDITION

This occurs after a medical professional incorrectly diagnoses a medical condition or disease. In some cases, this can have dire results as a patient’s health worsens beyond the reach of a cure.

FAILURE TO PROPERLY MONITOR PATIENTS WHILE TREATING A DISEASE OR ILLNESS

This includes the failure to properly monitor a patient’s care, treatment, response to treatment, and condition; failure to report changes in a patients situation; the use of incorrect equipment (or the incorrect use of proper equipment) when monitoring a patient’s status; failure to document monitoring processes and results. The medical professional has an obligation to correctly follow the progression of your care and keep you involved and informed in the process.

SURGICAL / ANESTHESIA ERRORS

Errors can occur in every type of surgical situation and procedure, from exploratory surgery to heart operations. Common high-risk surgeries include:

  • Gastric Bypass Surgery
  • Lasik Surgery
  • Spine Surgery
  • Cardiac Surgery

MEDICATION ERRORS

Pharmacy and prescription errors are the cause of tragic personal injury and wrongful death. There are many types of mistakes that can be made while treating patients – including errors in prescribing and/or filling patient medication. This can constitute medical malpractice. Growing in number, pharmacy errors and prescription mistakes account for as many as 98,000 deaths each year (according to an October 2003 study by the Journal of the American Medical Association).

PATIENTS RIGHTS

According to the AMERICAN HOSPITAL ASSOCIATION, patients are entitled to certain rights when being treated by medical professionals. Those rights are:

  • The right to considerate and respectful care.
  • The right to get complete, up to date information about diagnosis, treatment, and prognosis from your physician in terms that you can reasonably be expected to understand.
  • The right to get enough information about any proposed treatment or procedure to make informed consent – meaning that you should know enough about the expected benefits, possible hazards, and time needed for recovery to decide if you want the treatment or procedure.
  • The right to refuse treatment and to be advised of the possible medical consequences of doing so.
  • The right to every consideration of privacy concerning your own medical care program. Case discussion, consultation, examination, and treatment are confidential and should be conducted discreetly.
  • The right to expect all communications and records concerning your care be treated as confidential.
  • The right to a reasonable response to your request for services.
  • The right to know if the hospital plans to engage in any human experimentation that might affect your care or treatment. You have the right to refuse to participate in such research projects.
  • The right to expect reasonable continuity of care. You have the right to know in advance what appointment times and physicians are available, as well as the location for follow-up visits.
  • The right to be informed about continuing health care requirements after discharge.
  • The right to examine and receive an explanation of your bill regardless of whether it is paid by you or by another source.
  • The right to know what hospital rules and regulations apply to your conduct as a patient.

If you feel that your rights as a patient have been violated, or that you may be a victim of medical negligence, please contact Arthur J. Gonzalez P.C. for an free and objective evaluation of your case.