A friend of mine was recently in the emergency room and was told that she needed an emergency appendectomy. Since her surgery was not scheduled, she was admitted to a room to wait her turn in the O.R. During this time I went to her home to pick a few things for her. While I was there, I decided to go on-line to see what I could find out about her surgeon.
What I discovered was alarming. The surgeon that was on call and assigned to her case had been sued, and settled, five medical malpractice lawsuits. My friend was in a lot of pain and I knew my telling her it might delay her surgery; but I felt she needed to know what I had discovered.
When I discussed the medical malpractice claims with her, she was unsure at first as to what she should do. But I asked her if she was having elective surgery and had found out this man had been sued five times for medical malpractice, would she still have selected him as her surgeon? Her answer to me was “No”, and then she said “why should he be selected for me?”
We contacted her primary care physician and were given the names of two surgical groups to whom they refer their patients. She notified the hospital staff immediately and asked to see one of the other surgeons. She did not to reveal the true reason for the change. She merely said that after talking with her primary care physician, she wanted a second opinion. As it turned out, the new surgeon had a much better bedside manor and was much more compassionate towards her.
Now the surgery was “only an appendectomy”, and the original surgeon would probably handled it with no problem. However, my friend went into surgery feeling like she was in the care of a good physician who truly cared about her. And that is all that mattered.
If you were told you must have surgery, would you know where to go to find out about your surgeon? In the State of Florida, law requires three entities -- insurance companies, self-insurance funds and joint underwriting associations -- file reports of alleged error, omission or negligence by insured doctors, dentists, hospitals, health maintenance organizations (HMOs), abortion clinics, ambulatory surgical centers, and crisis stabilization units. The information is available to the public through the Florida Office of Insurance Regulation website where you can perform a search to learn if any claims against your physician have been settled.
A surgeon’s malpractice history is an important factor in trying to decide whether you want a specific surgeon to operate on you. And if you select one who has never had a medical malpractice claim against them, even the finest of surgeons can a make mistake. And if he or she was negligent in handling your medical care, then they should be held accountable.
The Board Certified Civil Trial Attorneys at Wooten, Honeywell, Kimbrough, Gibson, Doherty and Normand, P. A. have the litigation experience and financial resources required to take your medical malpractice case all the way through to trial if necessary. We have working relationships with countless expert witnesses who know how to review the evidence and make informed opinions. We have successfully handled medical malpractice and negligence cases against physicians, surgeons, anesthesiologist and nursing homes.
Article Source: http://EzineArticles.com/?expert=Sandra_Grinnell
Friday, July 13, 2007
Dealing with Medical Malpractice
Medical malpractice is all too common, yet few of us are prepared for it or know what to do if it happens to us or to someone we love. The impact can range from a minor inconvenience to death. The nature of the error and the severity of your injuries will determine what you must do. Here are some basic steps you should take.
Obtain all of your medical recordsDo this as soon as possible to avoid any changes or falsification being made in your records. Alterations are rare, difficult or impossible to prevent, and difficult to prove, but if proven there are stiff penalties involved. A doctor can lose his or her license and institutions, such as hospitals can be fined or sanctioned. In some cases, if a health care provider cannot or will not provide medical records in court, the court will rule in your favor on that basis alone.
Obtain an independent medical evaluationYour attorney will advise you on obtaining an independent medical evaluation. This is one of the most important steps in a medical malpractice case. It may be necessary for you to be evaluated by a specific practitioner.
Document your experienceWrite down everything that you can remember about your experience from your first contact with the health care provider to the last, including but not limited to:· Symptoms you spoke about any actions they recommended in response· Any and all communications with staff· Voicemails you left, whether or not you got a response, and, if so, how long it took to get a response· If injuries or physical decline are visible take photos, and have before photos on hand as well
Financial recordsWhile you may not be compensation or reimbursed for every loss or expense, it is important that you, your attorney, and the courts have an accurate picture of the financial impact of your injuries. Keep a record of any financial damage you have incurred due to the incident including:· Lost wages· Additional medical care or procedures you have required as a result of the malpractice· Travel expenses required for obtaining additional medical care· Therapy, counseling, or any other services required to deal with the emotional and psychological trauma· Special equipment needed to deal with disabilities or impairment· In-home care· Other necessary paid services including housekeeping and childcare (unfortunately help from family members does not usually count, with the rare exception of wages lost due to providing direct care to the victim)· Moving expenses should your injuries require moving to obtain ongoing care, due to physical limitations, or due to loss of income
Journaling
You may be entitled to compensation for pain and suffering and loss of enjoyment of life. Keep a journal of how the medical malpractice affects your daily life including:· Physical pain and limitations· Psychological and emotional impact, such as depression, anxiety, fear of seeking additional medical care· Cognitive, memory, and speech difficulties· Social impact (especially in cases of disfigurement)· Impact to your relationship with your loved ones and spouse (including sexual dysfunction)
If you or a loved one has been injured or killed by medical malpractice, please contact the New York medical malpractice attorneys at the Law Office of Law Office of Silberstein, Awad & Miklos. Proudly serving those in the Nassau County, Suffolk County, Brooklyn, Queens, & Bronx, New York metro area.
Article Source: http://EzineArticles.com/?expert=Sara_Goldstein
Obtain all of your medical recordsDo this as soon as possible to avoid any changes or falsification being made in your records. Alterations are rare, difficult or impossible to prevent, and difficult to prove, but if proven there are stiff penalties involved. A doctor can lose his or her license and institutions, such as hospitals can be fined or sanctioned. In some cases, if a health care provider cannot or will not provide medical records in court, the court will rule in your favor on that basis alone.
Obtain an independent medical evaluationYour attorney will advise you on obtaining an independent medical evaluation. This is one of the most important steps in a medical malpractice case. It may be necessary for you to be evaluated by a specific practitioner.
Document your experienceWrite down everything that you can remember about your experience from your first contact with the health care provider to the last, including but not limited to:· Symptoms you spoke about any actions they recommended in response· Any and all communications with staff· Voicemails you left, whether or not you got a response, and, if so, how long it took to get a response· If injuries or physical decline are visible take photos, and have before photos on hand as well
Financial recordsWhile you may not be compensation or reimbursed for every loss or expense, it is important that you, your attorney, and the courts have an accurate picture of the financial impact of your injuries. Keep a record of any financial damage you have incurred due to the incident including:· Lost wages· Additional medical care or procedures you have required as a result of the malpractice· Travel expenses required for obtaining additional medical care· Therapy, counseling, or any other services required to deal with the emotional and psychological trauma· Special equipment needed to deal with disabilities or impairment· In-home care· Other necessary paid services including housekeeping and childcare (unfortunately help from family members does not usually count, with the rare exception of wages lost due to providing direct care to the victim)· Moving expenses should your injuries require moving to obtain ongoing care, due to physical limitations, or due to loss of income
Journaling
You may be entitled to compensation for pain and suffering and loss of enjoyment of life. Keep a journal of how the medical malpractice affects your daily life including:· Physical pain and limitations· Psychological and emotional impact, such as depression, anxiety, fear of seeking additional medical care· Cognitive, memory, and speech difficulties· Social impact (especially in cases of disfigurement)· Impact to your relationship with your loved ones and spouse (including sexual dysfunction)
If you or a loved one has been injured or killed by medical malpractice, please contact the New York medical malpractice attorneys at the Law Office of Law Office of Silberstein, Awad & Miklos. Proudly serving those in the Nassau County, Suffolk County, Brooklyn, Queens, & Bronx, New York metro area.
Article Source: http://EzineArticles.com/?expert=Sara_Goldstein
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