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Medical Malpractice Claims – Happens More Often Than You Think
November 10th, 2011
When it comes to healthcare and medical needs, you would like to think that you’re always in safe hands when working with medical professionals. However, this isn’t always the case. Medical malpractice is professional negligence, and it occurs when a health professional, such as a doctor or nurse, fails to properly diagnose and treat a medical condition, or fails to treat a serious medical condition in a timely manner. This deviation from the accepted standards of medical practice may result in catastrophic injury and even sometimes, death. Victims of medical negligence are able to file medical malpractice claims, and when you work with an experienced firm of Baltimore medical malpractice lawyers like Snyder & Snyder, you can bet on getting the settlement you rightfully deserve.
In 2010, the total number of medical malpractice claims closed was 913, up from 856 in 2009. Of those claims, 29 closed with a paid indemnity (or amount paid to resolve the claim) of $1 million or more, six more than the previous year. Medical negligence happens more often than you think, but thankfully you and your loved ones are protected by law. It’s the mission of the Snyder & Snyder Litigation Team to protect our clients and fight for a just verdict, awarding adequate compensation for losses and injuries due to medical malpractice.
If you or someone you know is the victim of medical negligence, you may be entitled to compensation for your losses. Don’t wait any longer. Find out more about filing medical malpractice claims and getting compensation for your pain and suffering. The knowledgeable personal injury lawyers at The Snyder Litigation Team are waiting for your call. Let our experienced medical malpractice and personal injury lawyers fight for you and obtain the proper compensation you are rightfully entitled to.
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What is the Average Medical Malpractice Settlement Amounts?
October 27th, 2011
Medical malpractice occurs when medical treatment by a healthcare professional falls below the standard of practice. Medical malpractice may result in huge losses; including severe and catastrophic injury and in some cases, even death.
Fortunately, there is an answer for the victims and loved ones of victims of medical malpractice and medical negligence. The Snyder Litigation Team is an experienced group of Maryland medical malpractice lawyers trained to ensure your case is properly handled to maximize your compensation. We are experienced at making sure your case receives the proper medical malpractice settlement amounts that it deserves.
Many medical malpractice cases can be settled out-of-court, saving you time and money and providing you compensation for your pain and suffering quickly.
Regardless of whether your case can be settled out-of-court, the Snyder Litigation Team prepares each and every case as if it will go to trial. You can expect one of our experienced and knowledgeable malpractice attorneys to negotiate a fair settlement to compensate your losses or, if necessary litigate your case in court. Our lawyers stop at nothing to ensure that your needs are met and you are receiving the proper settlement you rightfully deserve.
Experienced Maryland medical malpractice lawyers like the ones found at Snyder & Snyder are dedicated to maximizing your recovery, whether through settlement or court victory. Victims of medical malpractice and negligence are protected by law. Contact us today to get started and learn more about your rights and what the Litigation Team at Snyder & Snyder can do to help your case.
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Common Medical Malpractice Damages
October 18th, 2011
Maryland medical malpractice attorneys know that while responsible, appropriate healthcare is taken for granted by most patients, medical blunders occur all too often. Physical damages are just the beginning of harm to the patient. Medical malpractice damages can involve much more than just a botched procedure or an inappropriate treatment.
It’s estimated that medical malpractice cases number more than one million annually in the U.S. Roughly 85,000 medical malpractice suits are filed yearly. Eight times more patients are injured than those who file a claim. Sixteen times more patients suffer medical malpractice damages without ever receiving compensation.
When a healthcare worker fails to deliver professionally accountable service to a patient, malpractice may have occurred. Rather than helping the patient to heal, the level of care causes injury. Along with physical devastation, the patient can suffer additional harms:
Death
Almost 98,000 patients die annually in healthcare facilities due to medical malpractice. Death can result from substandard, negligent, improper care or from medication errors.
Pain & Suffering
A medical intervention that doesn’t treat the original condition but instead causes new injuries creates even more pain and suffering for the patient.
Deformity & Disability
Maryland medical malpractice attorneys estimate that improper, careless or substandard care leaves many patients disabled or deformed. They may be unable to work or even take care of themselves.
Financial Difficulties
Medical malpractice can cause unmanageable expenses for the injured patient including longer recovery time and additional professional care. Corrective measures can delay or make impossible a return to work. Insurance may not cover the cost of additional treatment.
Post-Traumatic Stress Disorder
Being the victim of medical malpractice can cause deep emotional problems and trust issues. Even if the injury involves something small and temporary, the patient may never again be able to feel safe while receiving healthcare treatment.
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What is considered a HIPAA Violation?
October 11th, 2011
In 1996, the U.S. Congress endorsed the Health Insurance Portability and Accountability Act, more commonly known as HIPAA. The HIPAA Privacy Rule put forth regulations for the disclosure and use of individuals’ health records for the first time. The Privacy Rule determines how health plans, health care clearinghouses and health care providers may use Personal Health Information (PHI). The Privacy Rule works to give patients control of their health information while limiting its application and lessening the chance of inappropriate disclosure.
Disclosures made concerning a patient’s PHI without that patient’s authorization is considered a HIPAA violation. Heath care providers must train their staff to ensure HIPAA compliance.
Read on for examples of HIPAA violation encountered by Maryland medical malpractice lawyers:
Medical staff discloses PHI during casual conversation. The HIPAA Privacy Rule forbids even an offhand remark to a third party that a certain patient had an appointment at the health care facility that day.
Health care staff discusses patient information in a public area where other visitors or patients could overhear health information. Patient information should never be discussed or displayed in elevators, waiting areas or hallways.
PHI is disposed of in the trash. Throwing health information in the trash is potentially opening it to public scrutiny.
Medical staff inadvertently reveals PHI by telephone or fax. Health information should not be left on an answering machine, where anyone other than the patient it concerns could hear it. Using an incorrect fax number will send health records to someone not authorized to view it.
Health care staff gossips about patients and health records. Since gossip is difficult to control, access to PHI should be strictly limited to only those employees whose jobs require the information.
Maryland medical malpractice lawyers at Snyder Litigation Team encourage patients to gain a good understanding of HIPAA laws and violations in order to protect their privacy rights.
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Emergency Medical Procedures Change the Game
October 4th, 2011
Medical emergency malpractice law follows different rules from regular medical malpractice. Because of this, ensure you contact professional Baltimore medical malpractice attorneys if you feel like you are the victim of a doctor’s negligence.
Generally speaking, the burden of proof will be much harder in medical emergency malpractice cases. First responders like EMTs will be shielded from almost any liability as will any “good Samaritans” that stop to help you before medical professionals arrive. The one exception would be if they had acted in an egregiously negligent or reckless manner.
Doctors, nurses and other professionals in the emergency room, though, are held to a similar standard as non-emergency medical providers. Although courts typically raise the bar to prove that your doctor acted negligently due to the faster pace in the ER, you nevertheless have an opportunity for a fair hearing if you feel that you were the victim of negligence or other malpractice.
There is one change which can be of significant benefit to people who are treated negligently in the ER. In these instances, you can usually also include the hospital in your suit. Although doctors are generally independent contractors, separate from the hospital, your relationship at the ER is with the hospital as the provider of the ER. As such, you may be able to gain access to their “deep pockets.”
In any case, medical emergency malpractice can be extremely complicated. Standards of proof are both more and, in the case of liability for the hospital, less stringent than traditional malpractice suits. Because of this, Baltimore medical malpractice attorneys can help you assess your situation and gauge the legal validity of your claim. Should you need to move to court, they will devise and execute on a strategy to get you justice and hopefully make you right for the injuries that you suffered.
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How to Know What Constitutes Medical Malpractice
September 27th, 2011
Patients must rely on the knowledge and skills of medical professionals. Mistakes can cause great harm or even result in death, yet not every error is considered malpractice; certain conditions must exist for a situation to qualify. Baltimore medical malpractice attorneys can help you determine whether or not you have a case.
The first condition is an established doctor-patient relationship. Seeing a doctor and receiving treatment fulfills this requirement. Following advice that a friend received from his or her physician does not equal a relationship. Sometimes, the matter remains open to interpretation: When a physician consults on your case but does not directly treat you, the doctor-patient relationship is not as clearly defined.
Second, there must be proof that negligence occurred. Malpractice is not an issue of being unsatisfied or not receiving the highest level of attention and care. There must be actual negligence, meaning that the doctor or other medical professional did not show a reasonable and expected level of skill. Proving this element is often the core of a malpractice case.
Third, the negligence must be the specific cause of an injury. Serious illnesses and conditions often exist prior to an incident of questionable care, and proving the cause of a problem may require consultation with a medical expert.
Finally, there must be explicit harm. Without provable damage, a patient cannot sue for medical malpractice. Examples of harm may include mental anguish, physical pain, loss of work or earning capacity, and the acquisition of additional medical expenses due to the injury.
Malpractice generally occurs in situations where a physician failed to diagnose a condition, provided improper treatment, or neglected to notify a patient of treatment risks. Baltimore medical malpractice attorneys are experienced in handling such cases and are ready to help you discover your rights and legal options.
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Common Surgical Errors
September 20th, 2011
Given the often life-changing gravity of surgical procedures, one would think that no operation would fail or cause irreversible damage because of a trivial mistake on the surgeon’s part. The truth, unfortunately, speaks to the contrary: close to 100,000 people die annually from these medical mistakes, often while in surgery. Whether it’s cutting the wrong limb, leaving tools behind, or using the wrong amount of anesthesia, thousands have paid for this malpractice with their health.
Shockingly, the majority of surgical errors are categorized as “wrong site” mistakes. This is when the wrong body part is operated on. The resulting damage ranges from at least a permanent scar to death. Patients pay for this heinous oversight with pain, side effects, grueling physical therapy regiments, time, and hassle.
Just as appalling and almost as prevalent, Gossypiboma, the name for when a sponge is left in the body, can have similarly detrimental health effects. Not just sponges, but needles, tweezers, and even blades have been left behind in surgery patients. This can puncture or damage organs, cause infections, bleeding, pain, blindness, and the list goes on.
When a patient receives too much anesthesia, they can suffer brain damage and die. When a patient does not receive enough, they enter “anesthesia awareness,” a semi-paralyzed state in which the patient feels pain but cannot move or talk. This often creates serious psychological issues as well.
As a hard-working, paying patient, you are entitled to be treated with ample care, dignity, and respect. If you or family has been wronged by any surgical errors, your search for Maryland Medical malpractice lawyers can start and end with the Snyder Litigation Team. With more than a billion dollars in settlements and verdicts, the Snyder Litigation Team has long established their efficacy as the Maryland region’s authority on medical malpractice.
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Common Prescription Medication Errors
September 13th, 2011
Prescription medication errors are the most common cause of medical malpractice lawsuits, according to studies by Jury Verdict Research, Marsh Inc., and the Risk Management Foundation. Roughly 1.3 million people are harmed every year by medication errors.
Medication errors are defined by the National Coordinating Council for Medication Error Reporting and Prevention as preventable events that can cause inappropriate prescription drug use or patient harm.
The most common medication errors are:
* Not medicating a patient according to doctor’s orders
* Prescribing medicines at the wrong time or via the wrong route
* Not inquiring about drug allergies
* Not considering a patient’s age or physical condition when determining dosage
* Transcribing an illegible or incorrect drug name on a pharmacy prescription pad
* Prescribing the wrong drug for a patient’s condition
* Prescribing medications off-label
According to an FDA study that examined fatal medication error reports between 1993 and 1998, prescribing the wrong medicine and incorrect administration each comprised 16% of errors. The most common mistakes (41%) involved the administration of an improper medication dose.
Nearly half of fatal medication errors involved those over 60, but children are also at risk. Up to 70% of medicines do not come with safety guidelines for pediatric use. Drugs like analgesics, antibiotics and asthma medicines have been well-researched for safety in adults, but not for children. Physicians must estimate frequency and dosage. Too little or too much can have serious results.
Up to one in five prescriptions can involve prescribing off-label. Off-label prescriptions are drugs used to treat conditions other than those for which they received FDA approval.
If you or a loved one have been harmed by a medication error, the professional team of Maryland medical malpractice lawyers at Snyder & Snyder can help. Contact us now for a free consultation.
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Types of Defective Medical Devices
September 6th, 2011
It’s easy to assume you’re in safe hands when you follow doctor’s orders. After all, your doctor has your best interests in mind. That may be true, but there are numerous manufacturers who put profit before the patient. These companies have manufactured defective medical devices that can injure or even kill an unsuspecting, trusting patient. Rather than seeking to aid those in need, these manufacturers are looking to make a fast fortune.
Defective medical devices can injure a patient in a variety of ways. An artificial joint can fail to perform properly, requiring replacement. A pacemaker might stop working, leaving the patient unprotected. Pelvic mesh can pierce blood veins and cause more trauma than the original malady.
These incidents are not mere side-effects or complications—they’re usually caused by shoddy quality control. In some cases, companies were aware of the risks of releasing their products, but they did it anyway. Some of these cold-hearted firms even factor in the cost of lawsuits when they extrapolate projected profits on a new device.
If you’ve been the victim of a defective medical device, you need to hire experienced Baltimore medical malpractice lawyers to protect your interests. The Snyder Litigation Team is ready to go to court for you if you’ve been injured by the manufacturer of a defective product.
Among the most widely-reported defective devices are Depuy knee and hip replacements. They have a high failure rate. Breast implants can cause anaplastic large cell lymphoma. Incorrectly labeled, pre-loaded hypodermic syringes do irreparable harm. Even pacemakers can cause sudden cardiac arrest by failing to work properly. Shoulder pain pumps have ruined shoulder cartilage.
Don’t be a victim twice. Snyder Litigation can handle your case professionally and quickly. We’ll stand beside you to get justice if you’ve been injured by the negligence of a heartless manufacturer.
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Anesthesia Errors Malpractice
August 30th, 2011
While it has greatly facilitated surgery in the area of pain management, anesthesia still harbors the potential to seriously injure or kill patients when wrongly administered. Anesthesiologists must be meticulous in their dosage, timing, monitoring, and overall judgment when applying anesthesia to properly numb the pain without causing any harm to the patient. When negligence enters the equation, a number of devastating anesthesia errors can occur.
The most prevalent and harmful anesthesia error is improper dosage. If too much anesthesia is administered, the patient can experience pain, cardiovascular damage, asphyxiation, and death. Not enough anesthesias will render the patient unable to speak, but still able to feel the pain. Both scenarios are easily avoided when doses are properly labeled.
The timing with which anesthesia is delivered is critical to support the proper numbing effect for the patient. Faulty equipment, however, such as bad needles, vaporizers, and IV lines can prolong the delivery. If any equipment leaks, the patient may be under anesthetized while the attending medical staff is completely unaware of the problem.
It is also the anesthesiologist’s duty to closely observe both the subjective, if any, and objective feedback from the patient while they are under anesthesia, to assess their level of consciousness and ensure that they are properly sedated. When this doesn’t happen, a patient is liable to wake up mid-surgery, and the anesthesiologist is liable for the damages.
In the event that you are affected by an anesthesia error, it’s important to establish a legal premise so that you can receive the compensation that you deserve. Experienced Baltimore Medical malpractice lawyers such as the Snyder Litigation Team are devoted to making this happen with a lengthy history of doing so. From the first consultation to the final settlement, the Snyder Litigation Team will make your voice heard.
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