Patients have the right to
assume that the care and comfort
they receive from medical providers will be proper and safe. In most
cases, physicians and medical staff do uphold their end of this
relationship. Sometimes, though, medical providers fall short. In such
cases, they may be guilty of
medical malpractice. Boston attorney Frederic Halström has
extensive experience in litigating medical malpractice cases; he won
the largest-ever paid medical malpractice verdict in
Massachusetts. This means that clients who hire Mr.
Halström will have a significant advantage in the courtroom.
What is
Medical Malpractice?
Medical malpractice occurs when
a physician or other medical
provider fails to administer proper care to his or her patient,
resulting in physical, emotional, or mental damage to the victim. In
some cases, the provider may fail to properly diagnose a disease or
administer proper treatment or medication. Whatever the circumstances,
it is the patient – the consumer
– who suffers as a result of medical malpractice. When this
occurs, victims are entitled to
file a medical malpractice lawsuit and should consult with a medical
malpractice lawyer. Massachusetts and national victims commonly receive
compensation for the following types of medical malpractice cases:
- Procedural
Negligence - Procedural
medical negligence occurs when a
medical provider fails to properly treat a patient or to perform
routine tests or treatments for a medical condition. Additionally,
pharmacists who fail to give proper instructions to patients when
dispensing medication can be liable for medical malpractice. If this
negligent act intensifies the patient's condition or leads to
suffering, the doctor may be liable for medical malpractice.
- Failure
to Diagnose - If a physician
fails to perform routine
tests for diseases that are commonly linked to a patient's symptoms, he
or she may be guilty of medical malpractice. Failure to diagnose can be
particularly dangerous to cancer or HIV patients whose health relies on
early detection. In most states, the physician can only be held liable
if it can be proven that he or she strayed from customary procedural
care,
and that this negligence led to the patient's increased suffering or
physical deterioration.
- Misdiagnosis
- In some cases, a physician may offer the wrong diagnosis to a
patient. This is common in cases of female breast cancer. If the
physician diagnoses or treats a patient for the wrong disease, the
patient can suffer unnecessary financial and physical burdens.
- Birth
Defects or Birth Injuries -
Obstetricians who do not use
proper surgical care when delivering a newborn can be liable for
medical malpractice if the mother or child is injured during the birth.
Common negligence cases include the misdiagnosis of placenta previa and
the prolonging of the birthing process. Placenta previa can cause
dangerous blood loss to both the mother and the baby. Prolonging labor
can lead to oxygen loss that can be fatal or cause significant brain
damage to the child.
- Obstetrical
Negligence - Obstetricians
who fail to provide customary
care to female patients may be guilty of medical malpractice if this
negligence causes fertility problems or a deterioration of health for
the patient. Obstetrical negligence may include improper insertion and
monitoring of IUDs, and failure to diagnose gynecological diseases or
conditions such as ovarian, cervical and breast cancer, endometriosis,
pelvic inflammatory disease, and other sexually transmitted diseases.
- Surgical
Mistakes - Surgical mistakes
can involve any stage of the
surgical process - from pre-operation to post-operation. Some examples
of surgical mistakes are improper administration of anesthetic, failure
to use proper surgical tools, or failure to provide proper care before
or after the procedure.
- Nursing
Home Abuse or Injury - The
mistreatment of elderly
patients is an increasing problem in America. Often, nursing home
patients do not receive proper medical or physical attention. In some
cases, the owners of the nursing home or the medical providers on staff
can be held liable for medical malpractice if it can be proven that
their negligence led to the deterioration or death of a patient.
- Cystic Fibrosis
- Cystic fibrosis
is the most common lethal inherited disease in white persons. It is
caused by defects in the gene cystic fibrosis transmembrane conductance
regulator (CFTR) that create abnormalities in the regulation of
chloride transport across epithelial cells and mucosal surfaces. It
affects the mucus glands in multiple organ systems, in particular the
respiratory system. In patients with cystic fibrosis, the body produces
mucus that is abnormally thick and sticky in the respiratory tract,
gastrointestinal tract, pancreas and sweat glands that make these
secretions diffucult to be cleared. The mucus obstructs the glands and
airways resulting in chronic respiratory infections. End stage lung
disease is the principal of death.
- Cystic fibrosis is caused by
a mutation on chromosome 7 that
encodes the cystic fibrosis transmembrane conductance regulator (CFTR)
protein. The CFTR contains a highly charged central regulatory domain
that allows it to regulate the activity of chloride and sodium
channels. Cystic fibrosis transmembrane conductance regulator (CFTR)
mutations have been classified into five categories of abnormalities.
The presentation of the disease is probably related to the underlying
genetic abnormality.
- Individuals with a mutated
form of cycstic fibrosis thus can have
a longer life expectancy than other individuals with cystic fibrosis.
- In the United States, cystic
fibrosis occurs approximately 1 case
per 3300 in whites compared with 1 in 15,00 in African Americans and 1
in 32,000 in individuals of Asian origin. The carrier rate in whites is
1 in 30 compared with 1 in 60 in African Americans and 1 in 90 in Asian
Americans. Pulmonary complications account for most of the morbidity
and mortality associated with cystic fubrosis. Advances in the
treatment of cystic fubrosis with chest physiotherapy, mucus thinners,
bronchodilators, antibiotics and anti-inflammatories have lengthened
the life expectancy of cystic fibrosis patients.
- Testing for cystic fibrosis
carrier status can be performed in a
blood sample (genetic testing) or with sweat (sweat testing). If you or
your child suffers from cystic fibrosis and you were not given the
option to undergo genetic counseling and/or genetic testing, Frederic
N. Halstrom and the Boston area medical malpractice attorneys at
Halstrom Law Offices, P.C. can help you get the compensation you
deserve.
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What
Should I Do if I Suspect Medical
Malpractice?
First, it is important to
remember that not all injuries or
even fatalities are the result of medical malpractice. Our Boston law
firm reminds consumers that all medical and surgical procedures carry
with them some risk. However, there are some steps you can take if you
suspect that you or a loved one has been a victim of medical
malpractice.
- 1. Examine the Evidence:
Not all unfavorable outcomes are the result of medical malpractice, so
it is important to ask some questions. First, does the damage caused by
the medical procedure or surgery seem extreme? If so, was the patient
warned that the medical or surgical procedure could have this result?
If not, then the patient or their loved ones should question the
physician or medical provider. If he or she is unable to give a
satisfactory response, the patient may have been the victim of medical
malpractice, and should seek the services of a medical malpractice
lawyer immediately.
- 2. Document Everything:
If you suspect that you have been the victim of medical negligence, it
is important to retain specific documentation. Write down the doctor's
instructions and the consequences he or she listed as a result of a
certain medical procedure. Try to keep copies of medical bills and
patient instructions. This will assist your medical malpractice lawyer
in assessing and litigating your case.
- 3. Contact a Medical
Malpractice Lawyer:
Massachusetts victims are encouraged
to contact our offices today. Remember that the sooner you contact a
lawyer, the stronger your case will be.