MEDICAL MALPRACTICE QUESTIONS & ANSWERS

» What is medical malpractice?
» How can I find out if I have a case?
» Who can be sued under  medical malpractice laws?
» What does “established customary standard of care” mean?
» My doctor made a mistake and admitted it. Do I have a malpractice case?
» What kind of mistakes can result in medical malpractice?
» How do I gather evidence for this type of medical malpractice case?
» What is a birth injury?
» What are the most common types of birth injury?
» What is cerebral palsy?
» What are the side effects of cerebral palsy?
» What are some common errors that may occur in Emergency Rooms? 
» What are some conditions that may be misdiagnosed or incorrectly treated in the Emergency Room?
» What should you be aware of when visiting an Emergency Room?

What is medical malpractice?
Although the legal definition may vary slightly from state to state, as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician, doctor, nurse, surgeon or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

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How can I find out if I have a case?
Contact an experienced Scranton medical malpractice lawyer at Munley, Munley & Cartwright. Medical malpractice law is a highly-specialized, very difficult area of law. An attorney who has prior experience in the medical malpractice field should be consulted. Tell the Scranton medical malpractice lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

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Who can be sued under medical malpractice laws?
Any health care professional who is in a position of trust, is licensed and provides professional medical service to you. This includes doctors, nurse practitioners, hospital staff, pharmacists and other healthcare professionals, including a lab or x-ray technician. A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law - even a class action lawsuit.

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What does “established customary standard of care” mean?
This is the degree of care and skill that the average qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances.

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My doctor made a mistake and admitted it. Do I have a malpractice case?
A Scranton medical negligence lawyer can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be "Yes". Damages may be recoverable for you under PA medical malpractice laws.

 

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What kind of mistakes can result in medical malpractice?
Many different mistakes may constitute medical negligence including:

• They did not fully inform you of the risks before treating you,
• They did not determine the proper diagnosis of your condition,
• They did not perform appropriate diagnostic testing,
• They did not properly treat your condition,

• Failure to administer medications properly,

• Failure to manage a pregnancy or deliver a baby in a safe manner.
• They did not perform the operation properly, or
• They did not anticipate a problem which they should have.

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What is a birth injury?
A physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional such as a doctor or another member of the professional medical staff. These injuries may cause permanent disabilities or even death.

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What are the most common types of birth injury?

• Cerebral palsy
• Shoulder dystocia
• Erb's palsy / brachial plexus injuries
• Brain injury caused by improper use of vacuum extractors
• Untreated jaundice

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What is cerebral palsy?
Cerebral palsy is a medical condition caused by a permanent brain injury that occurs before, during, or shortly after birth. The effect of cerebral palsy is characterized by lack of muscle control and body movement. The cerebral palsy diagnosis is usually made shortly after birth, but may show up later in childhood.

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What are the side effects of cerebral palsy?
Side effects of cerebral palsy include seizures, spasms, visual problems, hearing problems, hyperactivity disorder, speech problems, and learning problems. Approximately half of all people with cerebral palsy suffer from seizures. Seizures occur when there is abnormal brain activity (the brain attempts to send abnormal messages very close together). Seizures affect people in different ways. Some people may stop moving and stare, others may fall down. Some can cause a person to fall and shake violently. They are generally not dangerous and will only last a few minutes.

What are some common errors that may occur in Emergency Rooms? 
Mistakes commonly made in an Emergency Room may include:

• Medication Errors
• Prescription Errors
• Bacterial Infections
• Birth Injury
• Omissions Error
• Failure to Diagnose or Improper Diagnosis, for example, a Heart Attack
• Negligence
• Unnecessary Surgical Procedures

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What are some conditions that may be misdiagnosed or incorrectly treated in the Emergency Room?
Heart attacks, Strokes and Aneurysms are among the most commonly misdiagnosed conditions in emergency rooms.  Some problems, such as heart attacks, can be mistaken for indigestion, and long term problems can be missed as doctors look for immediate causes. If these problems were caught upon arrival to the ER, some patients would have a much better prognosis. Misdiagnosing a patient can even lead to death. Being a victim of an ER error can mean that you have a legal right to compensation or other damages.

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What should you be aware of when visiting an Emergency Room?
Don’t be afraid to ask questions. The Emergency department can be a confusing place. When you receive any medication, diagnosis, or treatment, ask what is being done and why.  Before you leave, get all of your discharge instructions in writing. Be sure that these include the names of the physicians that you saw, the diagnosis that was made, follow-up instructions, and any prescriptions you may require. Because of the high volume of patients and continual staff shortages, ERs can lead to an environment that is ripe for errors. Some of the errors may cause minor inconveniences, but others can lead to deadly consequences for unsuspecting patients.

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