I have been seeing chiropractors periodically for the past ten years I guess. The first time was while I was living in High Point NC and I got into a rec league where they played a fairly rough brand of basketball. Back then I could elevate a little and I went up to dunk a rebound, but my legs got taken out from under me. I came down pretty hard and my back was really messed up. Right now I need to find a good chiropractor in Belmont as that is where I am living at the moment. Continue Reading »
I spent half of the past week in jury duty. It was not all that terrible to be honest, but mostly because one of the people I got stuck with was a very good looking young lady. She worked as the receptionist for a chiropractor in Santa Rosa CA and I got the feeling that I was doing pretty well with small talk and so I asked her if she wanted to go out to lunch. Of course they give you lunch money and some rather trivial amount of money to compensate you for doing jury duty, but the big thing is that you do not want to get on the wrong side of the person in the black robe. There was a woman judge in this case and she was really irritated by the lawyers on both sides of the case. Continue Reading »
Medical malpractice cases arise when a patient is harmed by a doctor or nurse (or other medical professional) who fails to provide proper health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority of cases, certain types of errors crop up more often than others. Read on to learn about the doctor and hospital mistakes that make up the bulk of medical malpractice lawsuits.
A word of caution on the types of medical errors described below: Keep in mind that just because a doctor made a mistake or a patient was unhappy with a course of treatment or its outcome, that doesn’t mean malpractice necessarily occurred. In order to meet the legal definition of medical malpractice, the doctor or medical provider must have been negligent in some way — meaning the doctor was not reasonably skillful or competent, and that incompetence harmed the patient. (To learn more about what does and does not constitute medical malpractice, see Nolo’s article Medical Malpractice Basics.)
Misdiagnosis or Delayed Diagnosis
When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional’s years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. To get started with a medical malpractice case, read First Steps in a Medical Malpractice Claim. See FindLaw’s Medical Malpractice section for more articles and resources.
Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against:
- The doctor, if his or her actions deviated from generally accepted standards of practice;
- The hospital for improper care or inadequate training, such as problems with medications or sanitation;
- Local, state or federal agencies that operate hospital facilities.
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
While the majority of health care providers aim to exercise the highest standard of care for all patents, there are times when things can go gravely wrong. If you or a loved one has experienced poor medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be entitled to medical malpractice recovery.
Below are some basic first steps in bringing a medical malpractice case.