What is Malpractice?
Malpractice is, “Any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). It refers to negligence or misconduct by a professional that eventually leads to a client or patient being injured or damaged.
Malpractice is commonly referenced in the medical sense. However, malpractice exists in other professions such as accounting and law. Medical malpractice may involve a doctor giving the wrong diagnosis or botching a surgery, resulting in direct harm. Legal malpractice could involve a lawyer mishandling a case due to incompetence or neglect, resulting in their client losing out on financial gains or wrongfully spending time in prison.
Malpractice cases are usually resolved with legal proceedings where the plaintiff seeks monetary compensation from the accused professional. They depend on the proof that the plaintiff was not only harmed, but that the malpractice by the professional was the direct cause. This process is meant to hold professionals accountable for their actions, and protect innocent individuals from the consequences of negligence and misconduct. In cases where professionals are found to commit malpractice, such as Gregory v. McInnis et al, they are often restricted from practicing in that specific field again.
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Dakota Urology Clinic Sued for $5 Million in Medical Malpractice
Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.
In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.
South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.
If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. […]
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$3 million Settlement Reached in SC Medical Malpractice Lawsuit
Misread CT scan causes death of young girl
A 29-year-old mother of three has reached a settlement agreement with six doctors at the Chester Regional Medical Center in South Carolina for medical negligence which caused her daughter’s death in 2005.
According to the lawsuit, the young woman sought medical help at the emergency room on three occasions for severe abdominal pain. The CT scan was misread the first two times. On her third trip to the emergency room, the doctors and surgeons found she suffered from a twisted bowel and performed surgery. They found her intestine was dead because the blood supply had been cut off. She died the night of her operation from her untreated medical condition.
The lawsuit alleges if the CT scan had been read correctly the first time at the emergency room, the condition could have been corrected and the young woman’s life would have been saved. […]
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Top 10 Tips To Get Out Of The Hospital Alive
As reported in the Citizen’s Voice preventable medical errors are a leading cause of death in America. According to the Institute of Medicine, up to 98,000 patients a year die in U.S. hospitals due to preventable errors. Last year, Pennsylvania hospitals reported more than 200,000 patient safety incidents, more than 7,000 of which resulted in serious injury or death, according to the state’s Patient Safety Authority.While doctors and hospitals across the country pursue various ways to treat the epidemic of medical errors, many experts believe the best prescription is vigilance by patients and their families. In observance of National Patient Safety Day, which is today, we have compiled a list of the “Top 10 Tips to Get Out of the Hospital Alive.”
1. Educate yourself. Although the malpractice records of individual health-care providers are often kept secret, you can check out doctors and hospitals through the Pennsylvania State Board of Medicine; […]
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HIPAA- A Barrier Between You & Your Medical Records?
Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient’s right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.
For years prior to the law’s passage, there was no federal standard for obtaining your medical records. Without the patient’s knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, […]
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