Medical malpractice cases are a type of negligence case, and the elements of proof are generally the same: the defendant was negligent, the defendant’s negligence is a direct result of injury to the plaintiff, and the plaintiff has sustained damages as a direct result of this negligence. Although these elements are pretty general and to the point, the proof in a malpractice case does require the testimony from an expert medical provider in the same field. The reason for this is to prove the negligence of the medical provider, and other experts in question of the damages. Ordinarily, a medical malpractice case should be brought within three years of the date of the accident or injury. There are some exceptions, which can make this time longer, and other exceptions can make the time shorter. The malpractice must be well known or reasonably well known to be able to make a case. Known forms of malpractice include the following:
Surgical malpractice includes being negligent improperly performing an operation, the failure to recognize complications that occur during surgery, leaving behind instruments or other foreign bodies inside a patient, or failure to recognize and properly treat complications after surgery.
Failure to Diagnose Cancer
The failure to diagnose cancer, as an illness has become a problem in our society and throughout the rest of the world. The cost of a failure to diagnose cancer is not a money issue or an issue with the cost of additional operations, unlike most medical malpractice cases. The failure to diagnose cancer has an even more dire result than being in debt. That result is the cost of a human life. That is why it is vital and absolutely important for society to address the medical standards to which doctors are held in the United States.
Combies Hanson represents individuals who have been injured by the negligence of paramedics or emergency medical technicians. First responders provide critical care and have a responsibility to respond quickly and to correctly diagnose and treat symptoms. They also are responsible for keeping an accurate record of said care and accidents. Examples of Paramedic and EMT negligence include failure to respond quickly, failure to bring the proper required tools and equipment to the scene, failure to provide and preserve records, failure to maintain ambulance equipment, failure to use medical device correctly, giving someone the wrong medicine or incorrect dosage, failure to maintain the proper certifications required of an EMT or paramedic, failure to properly staff ambulances, and negligent driving to the hospital.