A malpractice is a terrible thing to have happen. The injury or pain caused can be overbearing and in some cases life altering. The process of dealing with a malpractice enters its final phase during legal proceedings. In this part, attorneys, legal nurse consultants and other experts explore the case and see its merits.
The article, “What You Should Expect During A Medical Malpractice Settlement Case Hearing” from LegalDesire.com looks at what to expect during this period. The article states,
“Medical malpractice is when a doctor or a healthcare facility causes an injury to a patient through negligent practice of their standard procedures. Ask a lawyer, and they will say that medical malpractice takes place when there is a violation of the recognized “standard of care”, which is the kind of care that is carried out by all medical professionals “under the same or similar circumstances”.
Please also review the American College of Legal Nurse Consulting and how it can help qualified professionals become trained in the procedure of legal nursing. The Legal Nurse Consulting Program is online and independent study.
A malpractice can be a life altering thing. Some people are forever disabled or lose abilities they once had. Others seek justice for the deceased who died due to malpractice. While medical professionals work hard, mistakes can happen. When true and legitimate mistakes happen, justice is demanded for the patient. It is important to work with the proper malpractice attorney and seek their aide. Legal Nurse Consultants also supply their expertise on a malpractice team and can help push your case.
The article, “Finding the Right Medical Malpractice Attorney” by Eric Washburn looks at the important steps in finding the right malpractice attorney. He states,
“Engaging an attorney who’s experienced with malpractice is always your best bet. Experienced attorneys are less likely to make mistakes, will know the best ways to prepare evidence for your trial, as well as how to present it. Research has shown that experience is a crucial factor in attorney performance.”
People die under healthcare professionals everyday. While this is unfortunate, many deaths are a result of the natural cycle of life. It is only when unneeded death occurs due to medical error that the law enters into the scene. This is where malpractice comes into place.
The article, “What is medical malpractice?” from Augusta Free Press looks at what malpractice is and the steps needed to be taken. The article states,
“Individuals across the world place their faith in hospitals, doctors, and medical staff. They see health professionals when they are ill and take their children, grandparents, and friends, as well.However, sometimes a single negligent act by the very person in charge of someone’s life can have devastating consequences.”
Professional Judgement Immunity in malpractice is when attorneys or professionals give sound advice within the norms of the field but when things still go wrong. This idea is argued to be used more in the following article
The article, “Professional Judgment Immunity in Legal Malpractice Cases” by Matthew Weisberg looks at its usage. He states,
“A lawyer cannot be held liable for malpractice as long as he uses judgment that is expected by the standard of accepted legal practices and has researched all the applicable principles of law necessary to render that judgment.”
To review his thoughts on this issue, please review the entire article by clicking here
With so many intricate legal theories and laws in place in any malpractice case, it is important to have an attorney who understands the basics.
Legal Nurse Consultants can also play a role in helping attorneys form defenses in cases, or help patients find justice
Malpractice cases occur everyday. Whether the physician is in the wrong or right, cases and lawsuites range in the thousands. As a physician or healthcare provider, it is not uncommon to eventually face a malpractice charge. Whether warranted or not, healthcare providers need to be aware of the many things one should and should not do.
While this may be a stressful time it is critical to remain level minded and react in the proper emotional, professional and legal ways. A healthcare provider needs to understand how to react legally and professionally to the notice.
The article, “What to do if you are sued for malpractice” by James Sweeney offers some basic advice if sued. He states,
“How physicians behave after learning that they’re being sued for medical malpractice can determine the outcome of the case, regardless of its legal and medical merits. That’s why it’s important for physicians to know how to act upon being served notice of a lawsuit. Medical Economics spoke to malpractice defense attorneys and insurers to determine the do’s and don’ts to follow.”
Healthcare providers will need the aid of a malpractice attorney specialist who will be better equipped to mount a proper defense. Legal Nurse Consultants also play a pivotal role on a malpractice team. They are able to serve as expert witnesses and also define the industry standard in medical procedure and determine if one acted within the standards. To learn more about Legal Nurse Consulting please review the American College of Legal Nursing’s Legal Nurse Consultant Certification and see if it matches your academic and professional goals.
In malpractice cases, emergency doctrine is sometimes applied. It looks at the situation, the urgency and the time of reflection needed to make a professional medical decision. If the person acts due to the unexpected emergency within a valued norm, then negligence is overlooked in some cases.
The article, “The Emergency Doctrine Revisited” by Thomas A. Moore and Matthew Gaier look at this doctrine and its application. They state,
“The emergency doctrine is a common law rule premised on the understanding “that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context.”
This doctrine plays interesting roles in cases if it is permitted to be considered. To learn more, please review our Legal Nurse Consulting Program and see if it meets your academic and professional goals.
Malpractice suites and claims from the plaintiff require in some states an expert affidavit. This may seem as an additional hurdle for a patient to move forward against a medical provider, but it is important to prevent false claims that can raise insurance costs. Many states require an expert affidavit. This is an important step is validating claims. It is not a huge hurdle but one that is common sense. Legal Nurse Consultants can play a role in this step of the malpractice case as well.
The article, “The Expert Affidavit Requirement in Medical Malpractice Cases” by Tatum O’Brien reviews this process and some of its implications, especially in North Dakota. He states,
“Litigating a medical malpractice case has many hurdles, one of which is the expert affidavit requirement. As part of medical malpractice “tort reform,” in addition to caps on damages and a short statute of limitations, many states have enacted laws also requiring an expert affidavit supporting the claim of malpractice.”
Please also review our Legal Nurse Consulting Program and see if it meets your needs. As a Legal Nurse Consultant, one can be play an important roles in approving affidavits. Expert witnesses and providers are key in any case, regarding of plaintiff or defendant.
Medical malpractice can cost one his or her life. It is important to find justice for yourself or a loved one if it does occur. One such dangerous misdiagnosis is lung cancer. When lung cancer is misdiagnosed, it can spread. Valuable time can be lost in treating the cancer. Legal Nurse Consultants look at cases of malpractice and discover if malpractice did occur or not. They can serve either the primary physician or the patient seeking compensation. They usually work in concert with the legal team as an expert witness or investigator.
The article, “Is lung cancer misdiagnosis medical malpractice?” from Streetinsider.com looks at the dangers of lung cancer and the options to review for a malpractice case. The article states,
“When doctors miss lung cancer, they delay a patient’s treatment. This can allow the cancer to spread to other areas of the body. It also subjects the patient to more aggressive and more invasive treatment in the future. In the most devastating cases, a patient dies because their doctor misdiagnosed their lung cancer. ”
A Legal Nurse Consultant can play a key role in diagnosing lung cancer malpractice by examining the records and determining if all the norms of diagnosis were properly carried out by the physician. Please also review our Legal Nurse Consultant Program and see if it matches your academic and professional goals.
Malpractice insurance is critical and to any physician. Doctors who work with hospitals may have special coverage but when a hospital closes or a doctor operates on his own, then he or she will definitely require some sort of protection. This is not about being a bad doctor or a good doctor but common sense and protection of one’s practice and life.
The article, “A hospital’s closure leaves doctors ‘scrambling’ for malpractice coverage” from Advisory Board looks at the importance of this. The article states,
“Nearly 1,000 medical residents who worked at the now-closed Hahnemann University Hospital spent the final weeks of 2019 “scrambling” for malpractice insurance afterthe hospital’s closure left them with a massive “hole” in coverage, Peg Brickley reports for the Wall Street Journal.”
Proper staffing with nurses helps increase patient safety and better success. Stronger laws are always a possibility for increasing patient safety in facilities. In England, these issues are being addressed
The article, “Legal responsibilities for workforce planning should be enforced” by Mimi Launder and Amanda Nieves looks a the legal responsibilities that may correlate with higher staffing standards. They state,
“To address the shortage, the College is calling for a fully costed workforce strategy, alongside clear legal duties and accountabilities for workforce supply. It says that legislation must ensure ‘the right number of registered nurses and support staff with the right knowledge, skills and experience are in the right place at the right time’. “