Detroit Personal Injury Lawyer - Medical Malpractice

Michigan Medical Malpractice Lawyers | Infectious Diseases

Daniel Buckfire — Fri, 31 Oct 2008 16:58:00 GMT

Medical malpractice can be caused by a failure to diagnose an infectious disease. Doctors and other medical providers have unprecedented ability to recognize and treat the overwhelming majority of infectious diseases. In many cases, treatment of an infectious disease is effective in limiting the duration and severity of an illness, with the result that the patient eventually gets better. However, when an infectious disease is not diagnosed, the infection festers, which can lead to prolonged illness and in some cases even death.

Newborn babies are especially vulnerable to infection because they have not yet built up immunities to many infectious diseases. This is especially true during childbirth when an infection can easily be passed from the mother to the baby. Modern medicine has given us the knowledge and ability to check the mother for infections and to treat her infectious disease prior to childbirth. Failure to check and treat an infectious disease in these circumstances is often a clear-cut example of medical malpractice.

Other examples of frequent medical malpractice include failing to monitor for infectious diseases following surgery and failing to prescribe or administer the correct antibiotics when an infectious disease is diagnosed.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Medical Malpractice Lawyers | Failure to Diagnose Cancer

Daniel Buckfire — Thu, 30 Oct 2008 16:52:00 GMT

Many forms of cancer are extremely treatable and we have been told thousands of times that “early detection is the key” to catching cancer while treatment remains likely to spare the patient a prolonged and energy-sapping battle. Too often, however, doctors commit medical malpractice by failing to recognize signs that cancer is present and needs to be treated.

To be clear, you do not have a medical malpractice lawsuit just because someone has fought with cancer. But when warning signs are present and a doctor negligently fails to diagnose cancer, the law gives that person certain rights. They are entitled to compensation for what they have to suffer through as a result of the medical malpractice.

Common examples of medical malpractice relating to failure to diagnose cancer include:

Failing to perform simple and routine tests, such as a prostate exam, during a scheduled appointment;
Failing to properly document the results of a test, such as failing to document changes indicative of breast cancer following a mammogram;
Ordering a test for something that could be cancerous, but failing to send the sample to the lab, or failing to follow up with the lab to make sure the test results are sent back.

Originally posted at InjuryBoard by Daniel Buckfire

Breast Cancer Malpractice Statistics | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Wed, 29 Oct 2008 16:47:00 GMT

Breast cancer is an increasingly common problem that affects hundreds of thousands of women and their families each year. In 2004, for example, over 186,000 women were diagnosed with breast cancer. Of these, 40,954 women died from breast cancer.

More than one in ten women in the U.S. will be diagnosed with breast cancer at some point in their lives. Yet despite the great familiarity doctors must have with the increasingly common disease, misdiagnosis or mistreatment of breast cancer is the cause of more medical malpractice claims than any other disease.

Breast cancer responds well to early detection and early treatment. Unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat breast cancer. Such errors can give rise to successful medical malpractice claims. Common errors include:

Failure to identify an obvious lump during a breast exam
Failure to perform a breast exam while treating a patient for other reasons
Failure to arrange a mammogram, x-ray, CT scan, MRI, etc
Failure to classify a tumor as malignant
Failure to evaluate properly test results when tests are performed
Failure to notify patient of test results
Failure to order future tests
Failure to recognize common symptoms

Originally posted at InjuryBoard by Daniel Buckfire

Esophageal Cancer Malpractice | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Tue, 28 Oct 2008 16:36:00 GMT

Esohageal cancer develops in the esophagus, which is the tube that connects the throat with the stomach. It is often slow to grow and symptoms may not present themselves until relatively late stages. The National Cancer Institute predicts that over 15,500 new cases of esophageal cancer in the U.S. alone during 2008. Deaths from esophageal cancer are projected to exceed 14,500.

Esophageal cancer remains rare, but as the cancer with the highest rate of increase in the U.S., doctors are increasingly familiar with it. As a consequence, misdiagnosis or mistreatment of esophageal cancer is a growing cause of medical malpractice claims.

Esophageal cancer may respond well to early detection and treatment, but unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat esophageal cancer. Such errors can give rise to successful medical malpractice claims.

Originally posted at InjuryBoard by Daniel Buckfire

Colon Cancer Malpractice | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Mon, 27 Oct 2008 16:30:00 GMT

Colon cancer forms in the large intestine and almost always arises from polyps, which over the course of time (sometimes several years) can develop into colon cancer. It is often slow to grow and symptoms may not present themselves until relatively late stages, but the cancer can be found through screening and stool sample tests. Well over 100,000 new instances of colon cancer are diagnosed each year.

Despite the familiarity doctors have with colon cancer, misdiagnosis or mistreatment of colon cancer is a growing cause of medical malpractice claims.

Colon cancer responds well to early detection and treatment. Colon cancer is now considered a preventable disease because early detection allows doctors to minimize its effects. Unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat colon cancer. Such errors can give rise to successful medical malpractice claims.

Originally posted at InjuryBoard by Daniel Buckfire

Cervical Cancer Malpractice | Michigan Cervical Cancer Malpractice Lawyers

Daniel Buckfire — Sun, 26 Oct 2008 16:15:00 GMT

Cervical cancer forms in tissues of the cervix. It is often slow to grow and symptoms may not present themselves until relatively late stages, but the cancer can be found easily using regular Pap smears. So far in 2008, there have been over 11,000 new cervical cancer cases and over 3,000 deaths caused by cervical cancer.

Despite the great familiarity doctors must have with the increasingly common disease, misdiagnosis or mistreatment of cervical cancer is a growing cause of medical malpractice claims.

Cervical cancer responds well to early detection and treatment. Cervical cancer is now considered a preventable disease because early detection allows doctors to minimize its effects. Unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat cervical cancer. Such errors can give rise to successful medical malpractice claims. Common errors include:

Failure to test using a pap smear
Failure to identify cancerous mass in cervix during cervical exams
Failure to properly interpret results of a pap smear or biopsy
Failure to classify a tumor as malignant
Failure to recommend treatment options
Failure to notify patient of test results
Failure to order future tests
Failure to recognize common symptoms

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Stroke Treatment Malpractice Lawyers | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Sat, 25 Oct 2008 15:53:00 GMT

A stroke occurs when a blood clot blocks an artery or a blood vessel breaks and the flow of blood to the brain is interrupted. Lack of oxygen from your blood causes brain damage as brain cells die. This can cause symptoms as light as weakness in an arm or leg or as severe as paralysis, mental disability, and even death. Although some people can recover from strokes, the fact is the overwhelming majority either will die or will be left with some form of disability. Strokes are the third leading cause of death in American and are the number one cause of adult disability.

Although strokes are very dangerous, a large number of people do in fact survive their stroke. Once a stroke has occurred and the patient’s condition has stabilized to the point where survival has been assured, the medical focus should shift to treating a stroke. Unfortunately, due to negligence, stroke victims often fail to receive the treatment they should. This can lead to more severe and prolonged disability, aggravated conditions, and failure to recover as fully as the patient would have if he or she had received proper medical care. This negligence can be medical malpractice.

Treatment for strokes typically includes one or more of the following:

Rehabilitation unit in the hospital for early treatment following a stroke
Subacute treatment unit
Rehabilitation hospital
Home therapy
Outpatient therapy
Long-term care facility that can provide onsite treatment or nursing care

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Stroke Malpractice Lawyers | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Fri, 24 Oct 2008 15:52:00 GMT

Although strokes are very serious, more than 80% are preventable. The first step to preventing a stroke is to recognize risk factors and develop a strategy for controlling them with your doctor. Some risk factors are out of your control. For instance, people over age 55, men, and people with a family history of strokes are at greater risk. African Americans, Hispanics, Asians, and Pacific Islanders are at higher risk than Caucasians. However, other risk factors can be treated and controlled with medical attention. Monitoring blood pressure, heart rate, and cholesterol are three things doctors can do to reduce your risk of stroke. Quitting smoking and limiting alcohol use have also found to reduce the risk of stroke. Finally, excessive obesity correlates to higher risk for stroke, so losing weight can often help reduce your risk.

Medical malpractice can occur when a doctor fails to diagnose the possibility of a stroke. This can occur when a doctor fails to order proper tests to measure blockage or blood clots. Misdiagnosis of stroke risk factors can be another form of medical malpractice. Failure to prescribe anti-coagulation treatment to limit blood clotting is another common form of medical malpractice.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Medical Malpractice Lawyer | Medical Malpractice Claims

Daniel Buckfire — Wed, 15 Oct 2008 10:42:00 GMT

Medical malpractice occurs when a patient is injured because of a preventable error or negligent care during medical treatment. The kinds of preventable errors or negligent care that can give rise to medical malpractice claims include:

Errors in diagnosis
Errors in treatment
Improper treatment
Mismanagement of an illness
Lack of informed consent
Any other preventable error or negligent care

If there has been a preventable error or negligent care and if this causes the patient’s injury, the patient will have a medical malpractice claim. The patient can bring the medical malpractice claim against:

· The health professional directly responsible for the error or care, such as a doctor or nurse;

· The hospital, for improper training or supervision;

· Local, state, or federal agencies that operate hospital facilities;

· Any other person or entity with whom a patient-medical provider relationship exists.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Medical Malpractice Lawyers | Proving Medical Malpractice

Daniel Buckfire — Tue, 14 Oct 2008 12:51:33 GMT

Medical malpractice cases are some of the most difficult cases, both for a plaintiff to prevail in and for a lawyer to prepare for. They are always extremely complicated and require a lawyer who is able to understand the reasons you originally sought medical treatment, what the proper treatment would consist of, and the ways in which the defendant deviated from that proper treatment. And your lawyer must be able to explain all of that to a judge or jury. Those are just some of the reasons that it is so important to have an experienced attorney handling your medical malpractice case.

To prevail in a medical malpractice case, a plaintiff must prove that a doctor, hospital, or health care agency deviated so far from the accepted standard of care for diagnosis and treatment that the law considers the deviation to be negligent. This means that the error must have been serious and have caused you serious harm. The case will have to be proven through the use of expert testimony, which means another doctor with the same type of practice must be willing to testify under oath that your treatment violated what would be considered an acceptable level of care.

In addition to proving there was a preventable error or negligent care which deviates from an acceptable standard of care, the plaintiff must show that this error caused them to suffer harm. This has to be shown through a patient’s medical records. Patients have to be willing to have their lawyer examine their entire medical history and make that information available to the defendant’s lawyers and the court. Patients will have to be completely honest about a lot of very personal information and they should know that at the beginning.

Finally, it is important to know that Michigan has a law which limits damage awards in medical malpractice cases. The maximum amount you can recover for non-economic damages like compensation for the pain you felt or for having a permanent scar is fixed at a level that increases slightly each year. This law is ridiculous since it limits damages for people who have been very seriously injured and does nothing to eliminate “frivolous lawsuits” like its proponents claim, but as long as that is the law, it will continue to affect your medical malpractice case. The one good thing is that there is no limit for economic damages like lost wages, decreased earning capacity, or your medical expenses, which means you can recover the full amount you are entitled to.

If you would like more information about your rights in a medical malpractice case, you can order our FREE book “The Ultimate Michigan Medical Malpractice Handbook” by clicking on the book title. We will send it out immediately along with other important information.

For more information about Michigan medical malpractice cases, visit our law firm web site at www.BuckfireLaw.com If you would like to speak with one of our Michigan medical malpractice attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

Originally posted at InjuryBoard by Daniel Buckfire