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SpinDistribute.com Article Directory

The following article was published in our article directory on December 19, 2011.
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Bad Medicine and Personal Injury

Article Category: Society

Author Name: Leonardo Generaldi

Health care professionals, particularly doctors, specialists and surgeons are looked upon with highest regard because of their crucial role in helping people maintain health and wellness. Doctors and specialists are generally expected to observe the proper standards of care in handling their patients' illnesses. Their legendary healing hands are trusted to exercise the highest degree of care and skill reasonably required of surgical procedures. As members of the medical profession hold the precepts of the Hippocratic Oath sacred, patients look towards recovery in the care of physicians. However, when such trust is forsaken whether willfully or inadvertently , and their failure causes personal injury to their patients, medical professionals are held legally accountable for malpractice lawsuits.

Medical malpractice lawsuits are considered as the hardest among personal injury cases and are financially draining for both the aggrieved party and sometimes even for the Orange County attorney. At times, an experienced lawyer who saw merit in a case uses money out of his own pocket to expedite the proceedings and reimburses this later from his client. This is why only the most serious and permanent injuries make it to court. In proving a medical malpractice case, a number of expert witnesses are called upon to examine evidence which are crucial in determining the merits of the case.
- The most common cases of medical malpractice may involve any of the following:
- abandonment of patient
- bedsores

carelessness during surgery (failure to check for medical instruments and other foreign objects left inside the patient)
- death or disability caused by the application of restraints
- death or disability associated with childbirth (labor, delivery, and after delivery)
- death after induction of anesthesia
- death after a fall
- error committed while performing genetic testing and prenatal diagnostics
- error in providing medication
- failure in performing and providing diagnosis
- failure to obtain informed consent
- failure to supervise hospital employees
- incorrect diagnosis
- surgical error (incorrect procedure, procedure done on wrong body part, etc.)
- sexual assault on patient.

In order for a medical malpractice case to stand up in court, it needs to have three elements present: negligence, causation of injury, and damages. Negligence is referred to as the failure of the defendant to act in accordance with generally accepted standard of care which should have been adhered to based on the circumstances. Although the term standard of care does not have an exact definition, it is generally described as a level of medical care provided under prudent and reasonable circumstances. Such a standard is dictated by modern medical practices and facts inherent to the case.

Meanwhile, causation of injury involves proving that the negligence exhibited by the defendant caused the injury. On the other hand, damages refer to the actual harm inflicted due to malpractice. Damages may be classified as economic harm (incurred medical bills, lost remuneration, etc.) and non-economic harm (physical pain, mental anguish, or humiliation).

Whatever incidents led to a malpractice litigation, only one thing is certain, both the patient and the medical professional will be undergo an ordeal . In worst cases, the patient may not survive long enough to see through the resolution of the legal action, whereas the doctor would have been stigmatized by the publicity generated by the proceedings that his or her career also goes down the drain . While doctors are human and inherently not perfect , their chosen profession does not have a room for mistakes which takes their toll on human life or the quality of human life. Their actions, should, therefore be correct and precise. Anything less than this is dealt with the law on personal injury through medical malpractice.

Keywords: personal injury attorney orange county

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