Medical Malpractice

The Law Offices of Andrew M. Smith has substantial experience representing individuals who have suffered injury or the death of a loved one as the result of medical negligence. Medical “malpractice” or “professional negligence” involves a doctor, nurse or other healthcare professional failing to meet the “standard of care”. The “standard of care” refers to the failure to do something that a reasonably careful doctor, nurse or healthcare provider would do, or the doing of something that a reasonably careful doctor, nurse or healthcare professional would not do under the circumstances. If this has happened to you or someone you love, you can turn to the Lawyers at the Law Offices of Andrew M. Smith .

Medical malpractice cases can occur in a variety of settings. Below are examples are the types of cases which often occur:

Emergency room. A wide variety of errors occur in an emergency room which cause injury or death. It is the role of an emergency room doctor to stabilize the patient and determine what additional care is required. Should the patient be admitted? Can the problem wait until an office visit with their doctor? Should a specialist be called? These are critical questions or an emergency room doctor to address. The failure to diagnose an injury or illness, the failure to appropriately refer a person in the emergency room to a specialist, the failure to admit the patient to the hospital for immediate care, prescription errors and the mis-diagnosis of a serious medical condition are all common causes of medical malpractice cases. Those who are injured as the result of medical negligence in an emergency room have the right to seek compensation for the injuries suffered.

Failure to diagnose. People rely on their doctors to adequately assess their symptoms and order the necessary diagnostic tests and identify the medical problem. Prompt identification of the problem is often necessary for effective treatment. Medical errors often result in the wrong diagnosis which delays treatment of a condition. Sometimes that medical condition can become untreatable as a result of the delay. This is often the case in the management of serious infection or cancer. Many cancers for example are very treatable in their early stages however become difficult to treat or fatal if not caught. If you believe you were the victim of a mis-diagnosis it is important that you discuss this matter promptly with an attorney.

Prescription errors. At least 1.5 million Americans are sickened, injured or killed by errors in prescribing, dispensing and taking medications according to a 2006 report released by the Institute of Medicine. Mistakes in providing medication are so prevalent in hospitals that a patient will be subjected to a medication error each day he or she occupies a hospital bed according to the Institute of Medicine.

Common errors include doctors writing prescriptions that could interact dangerously with other drugs that a patient is taking, nurses administering the wrong medication, or the wrong dose of the medication. It has been estimated that medication errors cause at least 400,000 preventable injuries and deaths and hospitals each year and more than 800,000 preventable injuries and deaths in nursing homes and facilities for the elderly each year. These numbers are conservative estimates.

The Law Offices of Andrew M. Smith has experience handling cases which involve medication errors. When evaluating a case involving a medication error, the type and dose of medication prescribed by the doctor must be evaluated, the administration of the medication must be considered and the role the pharmacist played in filling the prescription is also at issue. The physician writes the order for the medication which includes the name of the medication and dosage. It is up to the nursing staff to provide the medication as ordered. If however the nurse has a question as to the amount of medication or type, it is the responsibility of the nurse to confirm the order or to discuss the order with a supervising nurse or physician. In the case of a medication error, every step in the process must be examined.

The Law Offices of Andrew M. Smith has the experience necessary to evaluate cases involving prescription errors. The evaluation of these cases often involves the review of medical records, consultation with pharmacologists and other medical professionals regarding the medication at issue as well as an evaluation of the damage suffered. If you believe that you were the victim of a prescription error, contact our office to arrange a consultation.

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