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Medical Malpractice Hernia Cases | Medical Malpractice In Texas

I became physically dependent because of having 4 surgeries in 2 years. 3 knee surgeries and 1 for appendix. My appendix wasn’t the usual way where it’s extreme pain for a day or two and taken, mine as slowly getting larger and painful for a month and a half before it was taken out. I was taking the medication for pain and even with tapering, it wasn’t working because I was so dependent for pain. I kept taking them to not deal with the withdrawal. I think pain medications are needed, but there aren’t enough safeguards. How come a doctor needs to prescribe 90 or 120 pills at a time. Some doctors are very conscience of pain medications and their effects, but we do need more safeguards. I never got high or hardly drank for that matter before my surgeries, but most people take them to not deal with the withdrawals. My point is there needs to be more safeguards in place.
In the vast majority of cases, establishing the answer to this question requires testimony from an expert medical witness. The patient (usually through an attorney) consults a doctor who specializes in the relevant field, and the doctor offers an opinion as to the proper procedures to follow when deciding whether to terminate care in cases like the patient's -- and if the proper decision is to end care, the expert will also set out the appropriate way to go about ending the doctor-patient relationship under the circumstances.

I disagree about it being an issue of "personal background." Whether or not the doctor had previously lost patients from that procedure, and whether or not he had had action taken against him is professional background, not personal. "Personal" implies that it affects only the private life of the individual in question. Just because something could go wrong no matter how skilled the surgeon doesn't justify lying about the outcome of prior surgeries, especially given that the patient directly asked. It wasn't a lie of omission, it was a flat-out lie about something that the patient clearly considered important information to their decision about the surgery.
I do get fed up with media criticism of a “failing NHS”; it’s not failing – it’s doing an incredibly good job in the circumstances. I also get fed up with my generation being blamed for living too long and putting a strain on the NHS. The failure of planning for the country’s future needs goes back to the early years of this century and cannot be laid at the door of the present government. The government either has to limit the rise in population, or invest in the resources to meet its demands, or do a bit of both. Doing neither has got us to where we are today.

When your doctor or other healthcare provider fails to provide to you the proper, acceptable standard of care or treatment, he or she has committed medical malpractice. The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, negligence, lack of skill, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice. These claims are often quite complex, and the services of a hired medical professional are necessary in order to prevail. Michaels & Smolak uses the most qualified medical professionals, including medical doctors, to support their clients’ medical malpractice claims. If you want to find out more, contact us for a free consultation.
The key in proving a medical malpractice claim based on misdiagnosis or delayed diagnosis is to compare what the treating doctor did (or didn't do) to how other competent doctors within the same speciality would have handled the case. If a reasonably skillful and competent doctor under the same circumstances would not have made the diagnostic error, then the treating doctor may be liable for malpractice. (To learn more about proving a misdiagnosis claim, see Nolo's article Medical Malpractice: Misdiagnosis and Delayed Diagnosis.)

Prior to his presidency, Abraham Lincoln was a distinguished medical malpractice attorney, taking on cases for physicians and patients alike. Lincoln represented two defendant physicians who treated a man when a chimney fell on him. The physicians applied splints to the patient's legs, assuming he would not survive his injuries. The patient survived and was left with a crooked right leg when the splints were removed. The man recruited six attorneys, 15 physician witnesses and 21 other witnesses in his suit against the two physicians. Lincoln presented the town's only other 12 physicians. Harking to the modern statute of limitations and the importance of fresh and compelling evidence, Lincoln believed the best defense was the passage of time and so he obtained many postponements. The trial resulted in a hung jury.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
Medical tests can be divided into two broad categories: diagnostic tests and screening tests. Diagnostic tests are administered to patients who exhibit signs of a disease or condition, such as a woman with a lump in her breast or a man with pain and pressure in his chest. Screening tests, on the other hand, are performed on patients who are considered to be at risk of developing a disease or condition – for example, routine mammograms for women and PSA screenings for men.
Prominent physicians Nathan Smith and R.E. Griffith of Yale and the University of Pennsylvania respectively held the belief that medical malpractice lawsuits were beneficial and necessary, serving as a tool of accountability in a profession that was poorly regulated. The American Medical Association (AMA) was founded in 1847 with the goal of promoting standardization of the profession, as well as elevating the standing of physicians in society. At the time, the vast majority of suits stemmed from orthopedic malpractice and deformations that resulted from botched amputations. As physicians sought to raise their own standards, higher patient expectations ensued. With the arrival of liability insurance for physicians, medical malpractice suits shot up in the States in the late 19th century.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
What are the early signs of pregnancy? Some people may know they are pregnant soon after they have conceived. Others may not be so sure, as signs of early pregnancy can be very similar to premenstrual ones. Missing a period is the most significant symptom, but there are other ways to tell if you might be pregnant. This article looks at 12 early signs. Read now
If an expert testifies that a doctor had the opportunity to diagnose cancer earlier but failed (negligently) to do so, it would then have to be shown through complex medical evidence that the patient suffered additional harm. Proving that a delay in diagnosis lead to additional injury – death from cancer that otherwise may have been cured, or prolonged treatment and suffering that should have been avoided – is necessary to establish a medical malpractice claim.

In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical.[16] A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the "school of thought" precedent. Papers that are self-published may be admiited as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion. The only criterion is the opinion of a single judge who, in all likelihood, has no relevant scientific or medical training.[17]

Once this data has been collected, the case moves into the actual trial phase, at which point the plaintiff (you) has the legal burden of demonstrating that malpractice occurred, which boils down to proving three main things: that a doctor-patient relationship existed in which the doctor was negligent; that the result of the negligence was direct or proximate harm; and that damages were incurred as a result of the negligence and the harm. The best way to ensure an excellent settlement for our clients is to make sure that we are well prepared and ready to go to trial. That way if the defendant’s malpractice insurance company is being unreasonable we will be ready to successfully present your case to a jury.


Research indicates that communication problems are a factor in up to 80 percent of medical malpractice cases. One study concluded that physicians did not acknowledge 36 percent of abnormal radiologic results. Another study found that 17-32 percent of physicians reported having no reliable method for ensuring that test results are received. The same study also reported that one-third of physicians do not always notify patients of abnormal test results. By one estimate, abnormal outpatient test results are not communicated in 7.1 percent of treatment relationships.
Our law firm has the resources to build a strong claim for maximum damages. As our legal team prepares claims for damages, we often collaborate with experts in such areas as medicine, vocational rehabilitation and economics, as well as such specialties as neuropsychology, geriatrics, pediatrics or child development, depending on the specific circumstances of the case. In appropriate cases and with the permission and assistance of our client, our damages presentation may also include the creation of a “day-in-the-life” video to illustrate the ways in which negligent medical care has changed our client’s life. Our team goes above and beyond to demonstrate what full and fair compensation should be for our clients.
When your doctor or other healthcare provider fails to provide to you the proper, acceptable standard of care or treatment, he or she has committed medical malpractice. The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, negligence, lack of skill, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice. These claims are often quite complex, and the services of a hired medical professional are necessary in order to prevail. Michaels & Smolak uses the most qualified medical professionals, including medical doctors, to support their clients’ medical malpractice claims. If you want to find out more, contact us for a free consultation.
Losing a loved one is never easy, especially when the loss could have been avoided. Often in cases of medical malpractice, those who are left behind after a loved one's passing wonder why the doctor is not going to jail for murder. Is it possible for one to charge a doctor with murder when their treatment of a patient was so poor as to result in death?
I would be very surprised to learn that a “specialist” had no experience in a common GI disorder or was unable to do more than send you away. However, I do not have enough facts to determine whether this doctor complied with the standard of care or whether you were harmed by a failure to comply with the standard of care. Another GI specialist can speak to the standard of care. A lawyer can determine whether you’ve suffered compensable harm. Request all of you medical records, ask your current GI if this was a breach and see a lawyer if the answer is “Yes.”
In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?
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