Medical Malpractice Defined

    





    

 
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A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.
Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.
Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient's health, this is considered malpractice.
In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.
The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.
First, take a look at the mistakes which classify as medical malpractice:
1. injuries relating to birth
2. incorrect dosage and dispersal of medicine or error with prescription
3. incorrect or delayed diagnosis of an ailment
4. improper treatment
5. surgery mistakes
6. failure to refer to a medical specialist
7. health complications from anesthesiologists
8. improper procedures performed on emergency rooms
9. abuse of patients in nursing homes, children's ward and other medical institutions
10. mistakes with the general treatment of a patient
There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.
More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.
In the medical profession, there should be zero tolerance for negligence because people's lives and their health are at stake.
'Medical Malpractice Laws and Cases'
The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.
If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about this.
If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.
Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.
Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider t he financial and legal merits of your case before they formally proceed to court.
Medical malpractice is a growing problem in the United States. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.

About The Author

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides malpractice resources on http://www.aboutmalpractice.info.


    



    

Living Will Why You Need One Now

    





    

 
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Living Will ? Why it?s critical that you have one!
A Living Will is a legal document that allows you to direct healthcare professionals to act on your behalf regarding life-sustaining intervention and treatment if you can no longer speak for yourself. A new survey finds that only 33% of Americans have a living will. Sixty-seven percent of Americans lack a living will, potentially leaving them with no control over whether they wish to receive life-sustaining medical treatment in the event they should become incapacitated or terminally ill.
All fifty states have laws regarding the ability of patients to make decisions about their own medical care before the need for treatment arises through the use of advance directives. This allows patients to draft living wills that set forth the type and duration of medical care that they wish to receive should they become unable to communicate those wishes on their own. The court case involving Terri Schiavo brought this problem to national attention. Now it?s time for you to make sure that your wishes are known to your family by creating a living will.
Brought to you by www.Prepaid-Legal-Help-4U.com where you have complete legal protection 24/7 for less than $1 day.

About The Author

Beth Gabriel
I developed http://www.prepaid-legal-help-4u.com to help the 'little guy' have access to legal services previously reserved for the wealthy!
norskbabe360@yahoo.com

    



    

Living Wills and Estate Planning

    





    

 
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A living will is a document you draft that stipulates what kind of treatment you want or don’t want in the event of an unrecoverable illness or injury that leaves you unable to speak for yourself. It gives you the power to refuse extraordinary measures that would keep your body alive when there is no hope of recovery, and when you would choose, if able, to die a natural death.

People have differing attitudes and beliefs about what constitutes life and quality of life. For some, their religious beliefs dictate that any form of life is sacred and should be preserved as long as is humanly possible. Others believe life ends when the brain ceases to function and that life-support in this state is a form of dehumanization and a burden on loved ones, emotionally and economically.

A living will allows you to make your desires known on this issue. Without a living will or advance directive, it is incumbent on the hospital or healthcare facility to continue to provide life support, unless a spouse comes forward to relay your (unwritten) wishes and ask that life-support be suspended. If there is no spouse, the closest living relative can speak for you. However, requests to stop life-support without a living will or advance directive in place can be met with resistance by other famil y members, friends, and even unaffiliated parties with political agendas, including members of government.

A living will only comes into play when multiple conditions have been met. The will must be legal and in the possession of your doctor. Your doctor must further find that your condition precludes you from making a competent decision about the care you wish to receive. Lastly, a second doctor must concur and both physicians must also find you to be terminally ill or permanently unconscious.

Living wills can be drafted by lawyers, via software programs, or by simply writing out your wishes and desires; it’s best to follow an official form as the language will not leave room for ambiguity, and laws that regulate living wills vary from state to state. The document requires a signature and the signing should be witnessed by two people who also lend their signatures as proof. Alternately, you can have it officially notarized. A copy should be given to your doctor to be kept in your file. I f at any time you change your mind about the conditions you set forth for yourself, you are free to retrieve and destroy all copies of the existing will, and replace it with a newly drafted and notarized document.

1. Though the task of making a living will may not be a joyous one, it is not only in your best interest but in the best interest of loved ones. An advance directive also allows you to stipulate what kind of medical care you wish to receive, or do not wish to receive, and can be as detailed and specific as you like. Your children: Be aware that your wishes may not necessarily be the same as their wishes – you should try to avoid disagreements among your children by carefully spelling out your wishe s in a Living Will;

2. Your physician and HMO (if applicable): Have original copies of your Living Will made a part of your medical record so that it is clear to your health care providers what your wishes are.

But other types of medical issues that do not include life support may arise. For example, you also make decisions on which procedures or surgeries to have. Who will step into those cases if you become incapacitated? A living will does not allocate property rights or estate, which is covered in a standard will, often referred to as the last will and testament.

Copyright 2006 Ronald Hudkins

About The Author


Ronald E. Hudkins aggressively coordinates with government agencies, organizations and field experts to compile information designed to help consumers avoid deceptive business practices. He is currently publishing his site that specializes in asset protection and estate planning. The site includes how to find, research credentials, interview and hire an estate planning attorney. The site overviews community based services available for long-term care and provides massive information resources. Estat e documentation (personal and financial) is overviewed and an Estate Planning Checklist is included. The site covers Medicaid planning and eligibility requirements as well as a legal frequently asked questions section and much more. A description of his education and experience can be found at http://www.AssetProtectNow.com.