October 2009 Archives

Wrong Diagnosis

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With the multitude of technological advances that have occurred in the field of medicine, it is difficult to comprehend that a patient could still be wrongly diagnosed in this day and time.  It seems impossible and inconceivable that a patient could be diagnosed by a professionally trained physician with a disease or illness that they do not even have.  Patients that are wrongly diagnosed may be injured in more ways than one.  Not only does the patient have to deal with the pain and suffering inflicted on them by the diagnosis and the fear it brings, but the patient may also be subjected to unnecessary and painful medical treatments.  Often these treatments carry with them adverse side affects that can cause either temporary or permanent damage to the individual's health and quality of life.  Before a diagnosis is made, the physician should carefully review all information to ensure that they are giving the patient the correct diagnosis.  Otherwise, the physician may be sued for medical malpractice if the patient discovers that they are not suffering from the disease with which they were diagnosed and treated.

     When a patient describes the symptoms that they have been experiencing to their physician, the physician many times is not able to make an immediate diagnosis.  Medical tests may be required in order to determine what illness is causing the patient's symptoms.  Many illnesses have similar symptoms; therefore, physicians have to take great pains to make certain they all necessary tests have been conducted in order to make a correct diagnosis.  Because many medications can have harmful side effects, it is imperative that patients not be prescribed medications for illnesses or diseases they do not have.  A cost-benefit analysis usually needs to be considered before any medication is prescribed, as most medications carry potential health risks.  In some cases, the risk of leaving the illness untreated is greater than the risks posed by the medication.  However, if the patient does not have the illness the medication is designed to treat, then the patient has just taken a harmful medication without purpose or benefit to their health.

    A wrong diagnosis can not only affect the patient's physical health but their mental health as well.  The anguish experienced by individuals when diagnosed with an illness or disease is often overwhelming and can be debilitating.  When a patient suffers this type of emotional distress due to a wrong diagnosis, the party responsible for the wrong diagnosis should be held accountable.  While most physicians correctly diagnose their patients, there are those physicians that can and do wrongly diagnose their patients.  Patients that have been wrongly diagnosed and suffered physically and emotionally due to the wrong diagnosis may be entitled to compensation by the responsible party.

    The law firm of Robinson and Associates employs attorneys that are dedicated to assisting individuals in Maryland and Washington D.C. that have been victims of medical malpractice.  Robinson and Associates is a law firm with years of experience regarding medical malpractice claims and provide no obligation consultations to those individuals in Maryland and Washington D.C. that have been wrongly diagnosed by their physician.

Uninformed Consent

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An individual is dealing with a deadly disease, and the treatment options available to them may be limited, ineffective, or the individual may simply be unaware of their treatment options.  The individual is told about an experimental drug that is being tested to treat various diseases, including the disease with which they have been diagnosed, and they are told that they can voluntarily be part of the experimental trials being conducted to test the effects of the drug.  Feeling as though this may be their only chance to improve their health and lengthen their life, the individual agrees to partake in the experimental trials.  However, not all of the information regarding the experimental drug, the trials, and other, safer treatment options are fully explained to the individual.  Believing that the experimental drug may be their last chance, the individual undergoes the experimental trials.  As a result of the experimental drug, the individual dies more quickly than they would have with no treatment at all.  the victim's family may have grounds for a medical malpractice claim due to uninformed consent.

    Uninformed consent has been found to be a genuine problem when it comes to medical treatment and especially clinical trials.  The language of many consent forms is confusing and would require an attorney or other law professional to decipher some of the information contained in the forms.  Often these consent forms fail to specify potential risks associated with the clinical trials or medical procedures, and many times the doctors fail to fully explain the consent form and what it means for the patient and their health.  When patients consent to procedures or trials without fully understanding the consequences, this is considered uninformed consent.  Medical malpractice claims can arise due to uninformed consent, especially if the patient is injured or dies as a result of the trials or procedures.

    Most people can understand and appreciate the value of clinical trials.  Many great medical discoveries have been made as a result of experimentation with new drugs.  However, individuals agreeing to undergo clinical trials should learn as much as about the drug and trials as possible before consenting to be a willing participant.  If the institution and doctors involved in conducting the trials have a financial interest in the outcome of the study, potential trial participants may want to reconsider.

    Anytime bias or gain is introduced in any type of experiment, the opportunity or risk for deception is greater as those conducting the trials have much at stake regarding the outcome of the experiments.  Individuals should thoroughly research the experiment being conducted and ask numerous questions before submitting to clinical testing and experimentation.   Because uninformed consent can be hazardous to the health of the individual, it is important to for the individual to gather as much information as possible before consenting to any experimental treatment.

    Victims of uninformed consent or their families that live in Maryland or Washington D.C. can contact the law firm of Robinson and Associates for a consultation.  Robinson and Associates are experienced and practiced medical malpractice attorneys, and they assist victims in Maryland and Washington D.C. with their medical malpractice claim.  Uninformed consent should not be tolerated and medical professionals should be held accountable when individuals are injured as a result of this type of medical malpractice.

Medical Tampering

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Physicians and other hospital staff are professionally trained specialists in their fields, and that is why it is so surprising when a healthcare professional commits either negligent or harmful acts in regard to their patients.  When individuals need to undergo medical procedures, the expectation is that the healthcare professionals providing these medical services will act responsibly with the health of the patient.  Individuals should reasonably expect for their health and well-being to be the first priority of their healthcare providers.  While most healthcare providers do provide their patients with exceptional medical and health related services, there are those rogue healthcare providers that do not adhere to the medical community's standards of care.  These healthcare providers knowingly and intentionally put their patients at risk, and the consequences can seriously negatively impact the lives of their patients.

    Recently it was reported that allegations were being brought against a hospital employee for tampering with medical products.  This individual was stealing drugs from the hospital and replacing the drugs with some other type of solution (i.e. saline).  Unfortunately these drugs were intravenous drugs, and the hospital employee was using a syringe to inject the drugs into their own body and then refilling the dirty syringe to be used on his or her patient.  It was reported that several of the patients injected with these dirty syringes had been diagnosed with Hepatitis C.  The health and quality of life of these patients will be permanently affected due to this illness.  The hospital employee has been accused of acting recklessly and carelessly with the health of their patients and endangering public health by tampering with medical products.

    The patients that were exposed to the Hepatitis C virus through the use of dirty syringes were victims of medical malpractice.  These victims will now be faced with this disease for the rest of their lives.  The hospital employee acted with complete disregard for the health of his or her patients.  When a healthcare provider acts in a careless manner and should be able to reasonably foresee that their reckless behavior could cause injury to another, the healthcare provider has committed an act of negligence.  Whether a medical professional intentionally commits an act that causes an individual harm or injures the patient due to acts of negligence, the medical provider could be held liable for the patient's injuries.  In a case of medical tampering, the injured victim may be eligible to receive financial reimbursement from the party responsible for their injuries.

    Victims of medical tampering in Maryland or Washington D.C. should contact a lawyer immediately to initiate a medical malpractice claim.  The law firm of Robinson and Associates can help victims review their case and determine if grounds for a medical malpractice claim exists.  If so, Robinson and Associates can help victims of medical malpractice in Maryland and Washington D.C. every step of the way and will work to secure a satisfactory verdict.

Undertreatment

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Retirement communities and assisted living facilities appeal to many families because they know their elderly loved ones will be cared for by trained medical staff and have the supervision they need.  Because nursing homes often have negative connotations and stigmas attached to them, retirement communities and assisted living facilities are often more attractive options than are nursing homes.  Families placing their elderly loved one in any type of facility have expectations regarding the treatment and care of their loved one.  In many cases, the family cannot provide the care and supervision their loved one requires, and a retirement community or assisted living facility can provide the services that the family is unable to provide.  No one ever expect that their loved one will not receive the care and treatment they need, especially those elderly individuals living in a retirement community or assisted living facility.

    Just as nursing homes have been cited for failure to properly treat and provide medications for their patients, the same is true for retirement communities and assisted living facilities.  There have been cases in which the residents of retirement communities and assisted living facilities have not been prescribed the life-saving medications they so desperately need.  These patients are being undertreated because they are not receiving the proper prescription medications.  Two of the major reasons that patients are not being prescribed the proper medications include the type of facility in which the resident resides and the frequency of physician visits to the facility.

    While a goal of retirement communities and assisted living facilities is facilitating the independence of the residents they house, these residents may require assistance in obtaining the prescription medications essential to their health and well-being.  Residents of these facilities that are not receiving the prescription medications they need may have grounds to claim medical malpractice due to neglect.  Families of those living in retirement communities or assisted living facilities should closely monitor the care and treatment provided to their loved one and contact an attorney is things seem amiss.

    Victims living in retirement communities or assisted living facilities in Maryland or Washington D.C. that have been undertreated may want to seek legal representation to assist them with their medical malpractice case.  The experienced attorneys of Robinson and Associates can provide the legal counsel and guidance for which victims of medical malpractice are searching.  Robinson and Associates provides no obligation consultations to victims and their families in Maryland and Washington D.C.

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About this Archive

This page is an archive of entries from October 2009 listed from newest to oldest.

September 2009 is the previous archive.

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