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Medical MalpracticeWe like to think that we are safe and secure when we go to the doctor. However, doctors like anyone else do make mistakes. Doctors have responsibilities to make sure that their practices are safe and up-to-date. Doctors have responsibilities to make sure that they perform their practices in a careful manner. In addition, doctors have a responsibility to inform their patients of the procedures that they will be performing - including any possible complications and/or alternative procedures available. The following are just a few examples of recent litigation involving medical malpractice. Failure to diagnose cancer Even with the great technological advances in cancer detection, a cancer diagnosis still often rests on the judgment of a doctor. Errors in judgment can lead to devastating results because early detection is quite often imperative in a successful outcome. Failure to diagnose negligence can and does lead to unnecessary death. Without the financial and emotional support of a caregiver, families are torn inside out. If it can be proven that the physician should have detected the cancer sooner (based on a more acceptable standard of care that other physicians would have utilized) then the physician and hospital’s insurance can be responsible for the medical malpractice Failure to diagnose heart attack A prompt detection of a heart attack when a patient enters an emergency room is extremely important. Failure to timely diagnose and treat the heart attack can lead to unnecessary functional limitations, incapacitations and even death.
Symptoms of a heart attack can include:
If a patient entering an emergency room shows any of these signs lab and imaging tests should be conducted. Additional tests such as an electrocardiogram (EKG) should follow. If it is determined that a heart attack has occurred then treatment should immediately commence. If you or your loved one has not received the appropriate level of care contact please contact an Oklahoma Medical Malpractice Attorney at once. If a patient shows signs of these symptoms, laboratory testing and imaging studies should be immediately ordered to determine the exact nature of the problem. Further analysis should include an electrocardiogram. Any delay in correctly diagnosing the infarction could result in the patient's death. Once a myocardial infarction has been diagnosed, treatment should begin at once. If you or a loved one have been injured by a failure to diagnose a heart attack, please call us at (405) 255-2380 or click here to fill out the form for immediate attention to your case. Birth injuries Birth injuries are damages that occur to the child during pregnancy, labor and delivery. The birthing process, although a part of the natural life cycle, is complicated and medical personnel must be vigilant and do their jobs properly to prevent harm to you or your baby. Injuries at birth are malpractice when the doctor causes an injury or worsens the effects of a naturally occurring injury by acting in a manner not consistent with established medical practices. Cerebral Palsy and Erb's/Brachial Plexus palsy are two major kinds of birth injuries: Cerebral Palsy is an oxygen deprivation injury that results when the infant's supply of oxygen to the brain is reduced. The treating physician has a responsibility to monitor a child during birth to ensure that it is properly oxygenated, and to take immediate action to correct any potential problems. Doctors use the term cerebral palsy to refer to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination but aren’t progressive, in other words, they don’t get worse over time. The term cerebral refers to the two halves or hemispheres of the brain, in this case to the motor area of the brain’s outer layer (called the cerebral cortex), the part of the brain that directs muscle movement; palsy refers to the loss or impairment of motor function. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities inside the brain that disrupt the brain’s ability to control movement and posture. In some cases of cerebral palsy, the cerebral motor cortex hasn’t developed normally during fetal growth. In others, the damage is a result of injury to the brain either before, during, or after birth. In either case, the damage is not repairable and the disabilities that result are permanent. Children with cerebral palsy exhibit a wide variety of symptoms, including:
The symptoms of cerebral palsy differ in type and severity from one person to the next, and may even change in an individual over time. Some people with cerebral palsy also have other medical disorders, including mental retardation, seizures, impaired vision or hearing, and abnormal physical sensations or perceptions. Erb's Palsy (sometimes called Brachial Plexus Palsy) is a common example of a birth injury caused by physical trauma to the fetus. The brachial plexus is a nerve bundle located in the shoulder region that controls muscles in the shoulder, arms and hands. During labor and birth, a fetus' shoulder can become lodged or stuck under the mother's pubic bone following the delivery of the head (this condition is known as shoulder dystocia). If the treating physician uses excessive force on the child's head in an effort to dislodge the shoulder (pulls too hard on the head in the direction of one shoulder in an attempt to get the baby out), damage can occur to the nerve bundles located in the shoulder region causing neurological injury. Erb's Palsy is the result of damage to the nerves controlling the upper arm and shoulder. The severity of the injury depends on what happens to the nerves. They can become stretched (called praxis) and scar tissue can develop (neuroma). In more severe cases, the nerves tear completely off the spinal cord (avulsion). Children born with Brachial Plexus Palsies like Erb's palsy can suffer paralysis and a loss of sensation and muscle control in their shoulders, arm and hands. Other consequences may include a winged scapula (shoulder blade), downward sloped shoulder, flexed elbow, internally rotated arm, an arm which is shorter and narrower than a healthy arm and possibly a hand which does not function properly. These children often cannot lift their arms above their head and do not have appropriate strength and fine motor coordination. Treatment options include extensive physical therapy and corrective surgeries. There are several methods treating physicians and obstetricians can use to help prevent Brachial Plexus injuries. Risk factors are known to lead to such injuries, and should be looked for. These include the pre-birth weight of the baby (larger babies are more likely to have these types of complications), maternal diabetes and obesity, excessive weight during pregnancy, previous deliveries of large children and an abnormally long gestation period. Failure to look for or recognize these warning signs can lead to a mistaken assumption of a baby's size, which can prevent protective action from taking place. Many options exist for dislodging a baby's shoulder to prevent brachial plexus injuries during delivery. The treating physician can attempt to change the baby's or the mother's position. A C-section, as well as other unconventional methods of delivery, can also be utilized. In extreme cases, the baby's clavicle bone or mother's pelvic bone can be intentionally broken to allow safe passage. If the treating physician or obstetrician fails to correctly anticipate the size of the fetus, or fails to prevent Brachial Plexus injuries through one of the above methods, they may be considered to have acted in a manner not consistent with established medical practices and might be held responsible for medical malpractice. The delivery of a baby is a complicated process, and the potential for complications is always present. However, some complications like birth injuries are preventable, and it is the responsibility of the treating physician, obstetrician or their medical staff to provide adequate medical care for the fetus and mother during pregnancy, labor and delivery. The failure to take every precaution, and to perform each procedure correctly, when it can be shown that other medical personnel with similar training would have done so, can be considered medical malpractice. If you or a loved one have been injured by a failure to diagnose a heart attack, please call us at (405) 255-2380 or click here to fill out the form for immediate attention to your case. Gastric By-pass Surgery: As the popularity of Gastric Bypass Surgery increases, Medical Malpractice cases are becoming more and more prevalant. Recently, the experience level of the surgeon has been under severe scrutiny due to the alarming rate of patient injuries and deaths. Since Gastric Bypass Surgery is a multi-billion dollar industry, surgeons are now flocking to this field without adequate training, often causing unsuspecting patients catastrophic injuries and even death. Gastric Bypass Surgery (GBS) is a procedure that involves reducing the size of the stomach pouch to roughly one ounce and creating a smaller opening between the intestine and stomach. The objective is to severly decrease the intake of calories, thus promoting rapid weight loss. Gastric Bypass Surgery is a serious operation, as it requires the cutting and reconnecting of internal tissue which can result in life-threatening problems if done by an inexperienced surgeon. Complications associated with Gastric Bypass Surgery:
It has been estimated by many sources that 1 in every 200 to 300 Gastric Bypass Surgeries result in a patient death. The frequency of the other complications is even greater. If you have been involved in a Gastric Bypass Surgery Medical Malpractice incident, you are not alone. It's time that you get the facts and take action against the guilty party. If you or a loved one have been injured by a gastric bypass surgery, please call us at (405) 255-2380 or click here to fill out the form for immediate attention to your case. Surgical Complications Surgical complications and errors are the unexpected side effects of a surgical procedure. Shockingly, most doctors or hospitals will not admit when mistakes have been made, especially when their own negligence was the cause. If you or a loved one have been the victim of a surgical error or complication, it's time to talk to us. Physicians cannot guarantee successful results for every surgery, and complications are acceptable risks of procedures. However, surgical complications can be caused by physician negligence. If the treating physician or surgeon differed from acceptable medical practice and caused unnecessary complications, they can be responsible for Medical Malpractice. Common examples of surgical complications and errors include:
One of the most frequent patient complaints is complication from a gall bladder removal in a laparoscopic cholecystectomy. Injuries from using a laparoscopic method rather than regular surgery are more severe and more common than those from standard open surgery. Sometimes the surgeon commits malpractice by mistakenly cutting the bile duct. Patients who suffer this complication can require repeated corrective surgeries, including liver transplants. Physician error and negligence can result in complications in almost any type of surgery. Various gynecologic procedures can result in damage to surrounding area organs, sometimes necessitating a hysterectomy that would have otherwise been unnecessary. Improperly performed colonoscopies can result in bowel perforations. Complications can also affect parts of the body not directly involved in the surgery; foot drops or other neurological damage can result from improper positioning during surgery. It is imperative to get prompt legal advice from attorneys who are familiar with medicine and have access to a variety of medical experts in fields such as pathology, neurology, oncology, cardiology, toxicology and pharmacology. The Law Offices of Marty D. Martin is highly experienced and knowledgeable in Medical Malpractice law and is committed to maximizing the results of litigation or a negotiated settlement for its clients. If you or a loved one have been injured by a failure to diagnose a heart attack, please call us at (405) 255-2380 or click here to fill out the form for immediate attention to your case.
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