Tag Archives: Medical Malpractice Lawyer Philadelphia

Pain Meds and the War on Drugs/Overprescribing

Pain Meds and the War on Drugs/Overprescribing

We have almost no chronic health conditions where we can glance at medical maintenance and ask when there is going to be an end to these drugs. Patients with diabetes aren’t asked if they plan to stop taking insulin.

Alicia Agnoli, a University of California, Davis researcher, studied the consequences of the dogma of opioid denial, a way of attempting to control overdose and death by limiting prescriptions, and focused on the impacts on pain patients whose treatment had been cut off, often by force. Whelan, an investigative reporter for The Inquirer, has previously documented how pain patients have been impacted. Philadelphia Injury lawyers take a look at the pain meds and war on drugs/overprescribing and how, in the event of suffering from overprescription, the best option is to seek the help of a medical malpractice lawyer in Philadelphia.

The alarming number of overdose deaths has been a testament to the complete failure of policies that sought to reduce opiate availability and prescriptions. Data collected by the government, such as CDC and the National Survey on Drug Use and Health, demonstrate no association between the number of opioid prescriptions written for adults over the age of 12 and nonmedical use or addiction.

Despite the decline in opioid prescriptions, no reduction in opioid overdose deaths has been documented, but when opioids, in general, are examined, the opposite is the case. People struggling with addiction have turned to heroin and fentanyl, while prescription medicines are becoming harder to get. It is anticipated that drug overdose deaths will increase by 30,000 percent in 2020. And then what? (Cocaine is responsible for this problem.)

It has been concluded that illicit fentanyl is behind the spike in mortality and not prescription medications. Regardless of if that is true, it’s still not a significant component of the opioid narrative. It is where the vital influence of Agnoli and Whelan’s research may be seen. When the doses of prescription drugs are reduced, patients’ mental health crises and overdoses rise.

A secondary finding bears out what healthcare providers have seen for years: reducing or discontinuing opioid treatment is connected to a significant rise in overdose deaths, two-thirds of which are associated with depression, anxiety, and suicide attempts (up 430 percent ).

Preventive Measures:

Learning from past drug catastrophes and utilizing a systematic approach can guide legislators as they seek to end the current epidemic of opiate abuse in our society today.

Recommendations consist of:

Opioid Overprescription Must be Eliminated:

  • To combat the opioid crisis, physicians in the United States must stop prescribing opioids at a traditionally unprecedented and globally anomalous rate in order to combat overprescription.
  • To ensure sufficient consideration of risks and proper dosage, physicians’ prescribing practices should be aligned with the Centers for Disease Control and Prevention (CDC) guidelines
  • Change health insurance guidelines to increase access to medicines with lower addiction and dependence risks and non-drug treatment options.
  • Use drug monitoring programs more effectively to identify troublesome prescribing practices among doctors and help patients who need treatment for opioid use disorder.
  • Restrict wholesalers from selling illegal substances.

Treatment for drug use disorders should be more widely available:

  • Policymakers must close the medication gap for both the general and the incarcerated populations and invest in beneficial forms of treatment for both.
  • Increase healthcare insurance to obtain healthcare and mental health treatment that aid in preventing and treating opioid use disorder. There were two main reasons in 2015 why people who wanted substance abuse treatment did not receive it: insufficient health insurance and the cost of treatment.
  • The Mental Health Parity and Addiction Equity Act should be better enforced to raise health insurance coverage of cures for substance use disorders. More people would have access to the most effective treatment for opioid use disorder if constraints to receiving medication-assisted treatment were lowered, as defined by the American Medical Association.
  • Prioritize drug treatment in the community rather than in the judicial system while making sure that those who are introduced into the system obtain effective treatment. There should be an increase in access to medication-assisted treatment, particularly methadone or buprenorphine, by the federal Bureau of Prisons, county jails, and local jails.

Cut Down on Overdoses:

However, it is equally important to reduce the harm done by opiate use disorders.

  • To prevent overdose deaths, increase access to naloxone and training in its administration.
  • Monitored consumption sites and syringe service programs should be implemented to reduce the transmission of contagious diseases and overdose deaths among opioid users.
  • Educate those who are using opioids about the dangers of mixing drugs with other substances;

Stop the Drug War:

  • People with drug convictions are subjected to collateral consequences, which policymakers should eliminate in addition to criminal justice professionals.
  • Reduce drug possession and sales incarceration by a significant amount, given that incarcerating drug users and suppliers, is not an effective treatment method for substance use disorders.
  • Make sure that people who have felony drug convictions are not barred from receiving government benefits such as Supplemental Nutrition Assistance and federal student aid to tackle the harms caused by the more coercive response to past drug crises and by continued enforcement.

An Attorney for Medical Malpractice:

Doctors and lawyers both have similar goals. According to the ethics codes for each profession, the patient’s and client’s best interests are of the utmost importance. When a physician’s negligence results in injury, the purpose of seeking medical treatment is not achieved, and a patient must seek an attorney’s or a law firm’s help.

There must be “negligence” by the treating physician or surgeon in similar circumstances. As a result of this area of law, an individual is compensated for harm caused by another. While the modern medical negligence system appears to be riddled with injustice, this perception negatively impacts physicians’ views of their patients and the care they provide to them.

Overprescribed drug patients’ ability to obtain significant jury awards is often cited as to why medical malpractice raises insurance rates and reduces access to care. Others dispute this claim, pointing to various factors as the root cause of the medical crisis. In the event of having suffered from overdose or medical negligence, the best course of action is to seek legal help from the medical malpractice lawyer in Philadelphia. You can get in touch for a free consultation.

How Do You Know If You Have A Case For Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or healthcare professional fails to provide appropriate treatment to patients, causing injury or death to a patient. Though some medical malpractice injuries are inevitable, there are a few that can be prevented. Out of all the common causes of death in the US, medical errors rank number three. More than 400,000 people die due to medical negligence every year.

Patients are at high-risk for these medical errors, and malpractice causes are increasingly getting worse. Filing a medical malpractice lawsuit against the healthcare professional that causes injury or death to a loved one is advisable. Whether you are a patient or a loved one, understanding the most common causes of medical negligence could save a life.

Following are the most common causes of medical malpractice:

Misdiagnosis- Misdiagnosis means a failure to diagnose, resulting in wrong treatment. Heart attack, cancer, stroke, asthma, lyme disease, thyroid, celiac disease are the most common misdiagnosed conditions. Approx. 12 million individuals are misdiagnosed in hospitals across the United States. If a patient is not treated properly due to misdiagnosis, the healthcare professional may be liable for any further damages.

Surgical Errors- Surgical errors include failure to control bleeding, performing an inaccurate procedure, improper care before or after surgery etc. Sometimes, these errors are minor. But sometimes, these errors can result in serious consequences. Over 6% of patients suffering have died due to injuries caused by surgical errors.

Medication Errors- Medication errors occur when a patient is prescribed the wrong medicine. About 1.5 million people are injured or killed due to medication errors in the United States annually. Medication errors include wrong dosage, wrong medication, confusing drug labels, pharmacist error, prescribing medications with dangerous interactions etc. If your doctor fails to provide the right medication and this causes serious harm, you may file a medical malpractice case.

Birth Injuries- One of the most devastating medical malpractice causes is birth injuries. Some of the childbirth injuries are minor, while others have a severe impact. These birth injuries can cause lifelong challenges for your child.

Emergency Room Negligence- With a large number of patients every day, emergency rooms try to shift people as quickly as possible. If you have been suffered due to poor emergency room treatment, a professional attorney or lawyer can let you know if you have medical negligence or not.

Finding An Attorney for Your Medical Malpractice Case

If you or a loved one have been injured as a result of medical malpractice in Philadelphia, contact one of the professional attorneys. An experienced Medical Malpractice Lawyer Philadelphia can help you get the right compensation you deserve.

 

 

What are the Root Causes of Medical Malpractice?

Today’s medical technology is advanced. But, medical errors are still prevalent. Medical malpractice is the third leading cause of death across the United States. Medical malpractice occurs when a healthcare practitioner causes an injury to a patient by providing inadequate medical care. Medical malpractice cases are more complex as compared to other personal injury cases. Medical negligence continues to be a big issue in the U.S.  People who have the victim of medical negligence should file a lawsuit. By filing a claim, you’ll be able to receive the maximum possible compensation for your pain and suffering.

Facts About Medical Malpractice

To help you know more about medical negligence, let’s go over a few facts.

  • Medical malpractice or negligence is the third leading cause of death in the United States
  • Medication errors, medical errors, infections, post-surgical infections, bedsores are a few common types of hospital medical malpractice
  • About 100,000 deaths occur in the United States due to medical errors each year
  • Estimated 19,000 medical negligence lawsuits filed in the United States each year
  • 1 out of every 3 patients will be a victim of medical error during a hospital visit
  • The annual cost of treating medical errors that can be prevented is 29$ billion

Common Consequences of Medical Negligence

  • Birth defects
  • Disability
  • Infertility
  • Chronic pain
  • Disfigurement
  • Loss of consortium
  • Lost wages
  • Wrongful death

Causes of Medical Malpractice

Let’s take a look at some of the top causes of medical negligence lawsuits.

Misdiagnosis or Delayed Diagnosis- Misdiagnosis or delayed diagnosis is the #1 cause of medical malpractice. When healthcare professionals are failed to provide the appropriate treatment to a patient to prevent severe personal injury. More than 12 million people are misdiagnosed in hospitals across the U.S.

Surgical Errors- Surgical errors are common causes of medical negligence. 1 out of 3 medical malpractice cases occurs due to surgical errors. Surgical errors can have challenging consequences leading to a fatal injury.

Medication Errors- More than 7,000-9,000 people die as a result of medication errors in the United States each year. Medication errors occur when a healthcare professional prescribes the wrong medication or the wrong dosage to a patient.

Birth Injuries- Birth injury is one of the most devastating causes of medical negligence. The most common medical issues associated with birth injuries include improper use of forceps during childbirth, surgical problems during a C-Section, and oxygen deficit to the infant.

Anesthesia Errors- Anesthesia is given to a patient before sending him/her into surgery. It can be dangerous if not given correctly.  The most common anesthesia errors include administering too much or too little anesthesia, failure to monitor the patient after giving anesthesia, failure to inform the patient about preoperative procedures, and failure to research the patient’s medical history.

If you or your family member have sustained fatal injuries due to medical negligence, speak to one of the professional attorneys or lawyers. A professional Medical Malpractice Lawyer Philadelphia can help you obtain adequate compensation for your loss.

 

Common Causes of Medical Malpractice

Medical malpractice is one of the major problems in the United States. It is actually an act or by a medical professional that diverges from the right medical standard of treatment. Medical mistakes carry distressing consequences. Medical malpractice is the third-leading cause of death in the United States. According to a recent study, approx. 400,000 people die from medical negligence each year.

Few Facts About Medical Malpractice

  • Medical malpractice is one of the major causes of death in the U.S.
  • Paralysis and brain damage are the medical negligence lawsuits with the highest payouts
  • 100,000 deaths happen in the U.S. each year due to medical errors
  • 19,000 medical malpractice cases are filed in this country every year
  • 195,000 patients die as a result of preventable medical errors every year
  • 40% of healthcare professionals had been litigated for medical malpractice
  • Misdiagnosis is one of the common causes of medical negligence
  • Medication errors, medical errors, bedsores, and post-surgical infections are a few common causes of medical malpractice
  • New York, New Jersey, California, and Florida have the highest medical malpractice payouts in the U.S.
  • Finding a genuine medical malpractice lawyer is quite challenging
  • Some medical negligence cases occur as a result of sexual misconduct at hospitals
  • Medical malpractice lawsuits take weeks or months
  • Most of the medical negligence lawyers work on a contingency fee

Common Causes of Medical Negligence

Misdiagnosis – If a doctor or other medical professional fails to diagnose your condition, you’ll face some serious consequences.

Surgical Errors- Errors that occur during surgery can have challenging consequences. More than 6% of patients suffering from surgical errors die each year.

Anesthesia Errors- If a healthcare professional gives you too much or too little anesthesia before performing surgery, it can be really harmful.

Childbirth Injury- This type of injury is caused by human error which causes harm to the newborn baby or mother. Wrongful conception, wrongful birth, injury to mother, and injury to an infant are some of the most common birth injuries.

Medication Errors – If a patient is given the wrong drug or incorrect dosage, it may lead to serious harm to the patient.

Medical malpractice affects the victim’s life. If you or your family member have suffered from medical negligence in Philadelphia, find and hire one of the professional lawyers or attorneys. By hiring a professional Medical Malpractice Lawyer Philadelphia, you’ll receive the right compensation for your pain and suffering.

Amputation Malpractice: Why Is Happens And How To Avoid It?

Losing a limb can be truly devastating and this could happen to anyone without any warning. Amputations could be a lifelong ordeal, especially if the loss of hand, foot, arm or leg will result in the person’s permanent disability. According to a medical malpractice lawyer in Philadelphia, there are approximately two million Americans who are dealing with amputations. Although there are advanced remedies to lessen the agony of a person with a case of amputation like the use of prosthetics, there is still a struggle on the victim because his or her life will be changed forever.

What are the common causes of amputations?

The common causes where a doctor will suggest amputation to the patient may include the following:

  • Poor blood circulation

Certain medical conditions can damage the arteries that are responsible for the good flow of blood circulation. When a person has poor circulation, the blood isn’t delivering enough oxygen and nutrients to the other parts of the body including the tissues. If this continues to happen, the tissue may die and be prone to infection. Amputation is recommended when the tissue dies.

  • Infection

When a person is already infected with the serious condition of infection where no type of antibiotics or treatment can be administered, the affected tissue may die and eventually require amputation to prevent the spread of infection or affecting other parts of the body or bloodstream.

  • Serious injury

Another incident where a person will need amputation is due to accidents where severe crushing or burning to the limbs or part of a limb is affected.

  • Growth of tumor

There are medical cases when a patient is diagnosed with the growth of tumor in the bones, muscles or part of a limb and the doctor may require amputation to avoid the growth of tumor from spreading or affecting other vital parts of the body.

  • Frostbite

Yes, severe frostbites can permanently kill the tissues of the affected parts of the body like fingers, hands, feet or toes. If the doctor found the severe damaged on the tissue and there is no way to save it, amputation is performed.

What can be the cause of wrongful amputation?

Wrongful amputation happens when the attending doctor or medical professional according to the Philadelphia medical malpractice attorney committed a mistake while performing the treatment or cause greater harm to the patient. Below are cases where negligence or medical malpractice can be valid for a lawsuit:

  • Misdiagnosis, delay or failure to diagnose correctly

When a doctor misdiagnoses or encounters failure or delays in providing a correct diagnosis of a patient like a case of infection, peripheral artery disease or diabetes, amputation is performed due to failure to detect or treat the existing medical illness.

  • Failure to provide right treatment

Another case of medical malpractice that results to wrongful amputation is when a doctor gives a correct diagnosis of the condition of the patient, but failed to provide the right care or medical treatment and led to amputation.

  • Chart errors

Among the medical malpractices that could arise is when a doctor, nurse or hospital employee committed a mistake in giving wrong information like charts and amputation are the result of this error.

What are the side effects of wrongful amputations?

Wrongful amputations have serious side effects to the life of a patient and often lead to the following:

  • Permanent disability
  • Muscle and tissue loss
  • Depression
  • Prosthetic problems
  • Infection

How to avoid a medical malpractice?

According to an experienced medical malpractice lawyer in Philadelphia, anyone can prevent a medical malpractice by following these best practices:

  • Find a reputable and caring doctor.
  • Take good care of your health.
  • Get support from a loved when having to deal with a serious medical illness.
  • Disclose your medical information correctly to avoid the wrong diagnosis.
  • Trust your innermost feelings when it comes to what your body tells you.
  • Follow your doctor’s medical advice.
  • Comply strictly with your doctor’s required follow-up visits.
  • Get a second opinion.

What happens if you or a loved one has been a victim of wrongful amputation?

If you or a loved one has been a victim of wrongful amputation in Philadelphia, get the professional advice of a Philadelphia medical malpractice attorney and determine if a medical malpractice case can be filed.

 

Is A Birth Injury Considered A Medical Malpractice?

Undergoing birth delivery has its own risk, both to the expectant mother and unborn child. This is why most expectant parents amidst the excitement still have growing fears of what might arise while inside the delivery room. Birth related injuries do happen, but can be prevented if the medical doctors and nurses attending the delivery have performed their responsibilities well. If you are already expecting your baby anytime and want to know what grounds a birth injury is considered a medical malpractice.

Can birth injuries occur?

Sad to say, but it’s a fact that birth injuries occur and could affect any expectant mother who is about to give birth. There are various ways birth injuries could happen, and in most cases there are two scenarios to look into:

  • The doctor or medical professional failed to assess the risk or treat the condition of the expectant mother.
  • The birth injuries are due to negligence during the prenatal care.

In the first scenario, the doctor may have failed to diagnose accurately the actual condition of the expectant mother such as presence of hypertension, failure to check the heart rate of the baby or miscalculated the need to perform a caesarian procedure. If this happens, and birth injury resulted from this kind of situation, a medical malpractice can be filed against the attending doctor and medical staff or file a claim against the hospital where the delivery took place.

In the second scenario, negligence during the prenatal care, again the attending doctor, medical staff or pharmacist may be held accountable if wrong prescription was given and led to the adverse complications to the expectant mother including the unborn child. If there is found irregularities during the prenatal care, according to a medical malpractice lawyer in Philadelphia, the mother can file a medical malpractice case.

How to prove a medical malpractice on a case of birth injury?

For your birth injury case to have grounds for a medical malpractice, there has to be proofs like a medical report showing the detailed medical condition of the mother or baby during pregnancy and after birth. The opinion of a third party may be used to validate the medical malpractice like seeking another medical professional of similar specialization to testify and proved that mistakes or errors have been done that put the mother and baby at greater risk.

Where to get help for a medical malpractice claim?

Birth injuries can be prevent at all cost if an experienced medical professional like doctor has done everything to reduce the risk during while the expectant mother while under his or her care during prenatal care and while giving birth.

If you or someone you loved has become a victim of birth injury, the person who can be of help is an expert in medical malpractice like an attorney in Philadelphia with many won cases on medical malpractice lawsuits. Learn more how you can protect your legal rights while under the care of a medical professional, talk to a legal representative right now to review your case.

Medical Malpractice Claims That A Lawyer In Philadelphia Can Handle

Do you want to know if your hired lawyer in Philadelphia can handle your medical malpractice claim? Let me share with you the common medical malpractice claims, so that you have an idea on what to do next.

  • Misdiagnosis

This is one of the common cases of medical malpractice that could lead to a lawsuit according to a Philadelphia attorney, misdiagnosis. Why? Any misdiagnosis on the medical condition of an individual could result to error in medical treatment or worst further serious complications. Among the medical conditions misdiagnosed are related to tumors found in a patient’s body, infectious diseases, heart attack, blood clotting found in the lung and heart ailment. A misdiagnosis resulting to one’s worsening condition or fatality is entitled for medical malpractice claim.

  • Obstetric/Gynecological Negligence

Another medical malpractice case that a knowledgeable lawyer in Philadelphia can defend is the when a pregnant woman has been a victim of negligence, either while under the stage of pregnancy or during childbirth. The medical malpractice is found to be valid if any of the following issues are present:

  • Excessive vaginal bleeding after undergoing normal delivery
  • Abruption of the placenta (abnormalities of the placenta previa)
  • Preeclampsia
  • Prolonged labor leading to the critical condition of the mother and baby
  • Surgical negligence during pregnancy or labor
  • Premature delivery
  • Mother suffers from hemorrhage during pregnancy stage or labor
  • Gestational diabetes
  • Injury of the baby during labor (nerve injury)

Assessing the complexity of the medical malpractice case during pregnancy or while having labor must be done with an expert like an attorney practicing medical malpractice in Philadelphia. If the attending doctor is found negligent the legal representative can file a medical malpractice lawsuit due to negligence.

  • Error in medical prescription or administration of prescribed drugs

This is one of the common cases of medical malpractice cases, the errors committed from wrong prescription or administration of medicines. For example, if a health care provider recommended a particular medicine brand for a certain illness and guaranteed satisfying result like completely treating the patient from this health problem, but the prescribed medicine didn’t deliver favorable outcome and worsened the condition of patient, this is another case of medical malpractice.

  • Mistakes committed in a medical surgery procedure

When mistakes are committed during a medical surgery procedure and led to a life threatening incident to the patient, this is already considered a case of medical malpractice. For example, if the anesthesia administered to the patient prior a surgery procedure failed to take effect and led to excessive bleeding, this is considered a medical malpractice. The patient affected has every right to receive medical malpractice claim.

I do hope this topic has shed some valuable information on medical malpractice and how a lawyer in Philadelphia can help you in filing a medical malpractice claim. In the event you can’t assess where your medical malpractice can be categorized and on what grounds, talk to a legal representative with solid track of record of won cases in medical malpractice.