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Find out the reasons for and causes of misdiagnosis of appendicitis and how it might present a medical malpractice case and what you can do about it.The appendix is a small tubular organ attached to the colon. It is located in the lower right quadrant of the abdomen. A blockage within the appendix can be caused by feces, inflammation of intestinal lymph nodes or parasites. An infection of this organ, that serves no function, is potentially life threatening, especially if misdiagnosis occurs.Patients with abdominal pain make up 5 to 10 percent of emergency room visits. Of those, only a small number will have appendicitis.Approximately 1.1 in 1,000 people in the US, or 7 percent of the population, will develop appendicitis. The frequency of appendicitis climbs from birth, climaxes at approximately 18 or 19 years and slowly decreases thereafter. Men are almost one and a half times more likely to develop appendicitis than women.Appendicitis has a high risk for misdiagnosis. There are no conclusive tests for detection of appendicitis. However, there are some procedures which ought to be followed. The physician should apply pressure to the abdomen to check muscle responses and rebound tenderness. A pelvic and/or rectal examination may also be performed. Blood tests are carried out to check for elevated white blood cell counts which may indicate infection. For cases where physical examination and lab tests are inconclusive, CT scans or ultrasound may be utilized.Symptoms of appendicitis are: * Rapid onset and worsening of abdominal pain * Appetite loss * Nausea or vomiting * Constipation or diarrhea * Fever * Abdominal swellingNot all patients exhibit these symptoms which leaves open the possibility of misdiagnosis resulting in doctor malpractice.Another situation that increases the failure to properly diagnose risk is appendicitis can mimic other medical conditions such as: * Intestinal obstruction * Inflammatory Bowel Syndrome * Gynecological disorders * Intestinal adhesions * ConstipationAppendicitis is treated by surgical removal of the appendix by either a traditional incision or a laparoscopic procedure. Due to their less invasive nature, Laparatomies generally have less complications and a faster healing rate. If left untreated, the appendix can rupture spilling toxic substances into the abdominal cavity. A perforated appendix increases the morbidity risk substantially.The mortality rate for appendicitis is 0.2 to 0.8 percent. For patients older than 70, it rises to 20 percent. The perforation rate is higher in people younger than 18 years or older than 50. The mortality and perforation rates may be higher in the last two circumstances due to diagnostic delay.There are three types of medical misdiagnosis. An improper diagnosis is a diagnosis given based on symptoms that may be similar to another condition. Another kind of misdiagnosis is when a secondary underlying condition is not detected and treated appropriated. The third form is delayed diagnosis where the medical condition is initially overlooked and diagnosis is not made until the condition has worsened.Misdiagnosis of appendicitis is in the top five medical malpractice categories for lawsuits against emergency room doctors.Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”

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“It just happens…” or “It is nobody’s fault…” are the usual statements you hear when you ask a doctor or a hospital administrator about infections.  One might be left with the idea that if you or a loved one goes to the hospital and gets infected that it is merely a complication and maybe even inevitable.  Betsy McCaughy, founder and chair of the Committee to Reduce Infection Deaths said “This is the next asbestos.  Now that the evidence is overwhelming that nearly all infections are preventable, hospitals that do not follow the proven protocols are inviting lawsuits.”

The Committee’s website has three excellent articles, complete with citations, that detail what you can do so the “inevitable” does not happen to you.  In abreviated form they are:

15 STEPS YOU CAN TAKE TO REDUCE YOUR RISK OF HOSPITAL INFECTION

The site also has a number of other lists of how athletes and students can avoid infections.

All of the steps above are proven to decrease the chance of infection.  Larger hospitals use epidemiology and quality assurance measures to make sure these steps are being taken.  Sometimes, however, for whatever reason (money) these “enforcement” actions fall by the wayside and the hospital should be held responsible.

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My father will be seeing an optometrist who will be doing his cataract surgery and he wants me to check and see if I can find out over the internet if he has ever been successfully sued for medical malpractice. He is nervous about anyone doing surgery on his eyes. Thank you for your help!

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My uncle passed away last week due to hospital error. He was a single man with no children. Can my family file a medical malpractice suit on his behalf? Or can only a spouse or son/daughter sue? This is in FL. Don’t know if each state is different?

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According to an article recently posted on Insurancenewnet.com, by the Associated Press (AP), “Health Negotiators Look At Malpractice Changes“, President Obama has begun to compromise on the need for alternatives to medical malpractice lawsuits. Opponents to changing the malpractice system insist that malpractice reform will have an insignificant impact on lowering the cost of health care.  I strongly disagree with this opinion.  Tort reform is a major piece of the health reform puzzle and deserves ample attention as we work to achieve a better health care system.

Tort reform is not “The Answer” to the health care problem but to put your head in the sand like some legislators have on the issue is insanity.   Most proponents of tort reform for medical malpractice believe (and this was echoed by President Obama in his speech last Wednesday) that fear of lawsuits drives doctors to perform unnecessary tests sometimes in redundancy in order to escape malpractice suits.  How does the practice of over testing to protect against lawsuits not add to the ridiculous cost of health care in America?

There are three solutions outlined in the AP article that used in conjunction with one another may have a positive impact.  

The first idea involves incentives to doctors and hospitals for “early disclosure” of mistakes and offering restitution outside of the court system. 

The second idea involves creating a body of experts that would screen malpractice cases before they were allowed to go to trial in an effort to weed out frivolous lawsuits(according to the AP article this was enacted in Tennessee last year, malpractice lawsuits dropped 69% and malpractice premiums are estimated to drop 2.5% next year). 

The third idea involves the creation of new court system specifically designed to handle malpractice cases.  All judges that would preside in this court would have to be experienced in the medical field.  The idea being that judges with medical backgrounds would be able to make more informed decisions with less emotional bias.

As I mentioned early tort reform is not the answer to the health care crisis.  But it is my opinion that any and all avenues that may reduce the consumer cost of health care should be explored.

Thank you and I look forward to your comments,

Ryan H.

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With the 2008 Presidential election right around the corner, it is obviously the hot topic to surround the water cooler, PTA meetings, school campuses, and boardrooms around the nation. This presidential election is shaking ground having both a female & and an African American running for both Vice President and President alike. Besides who is running, the issues that underline the race are the topics that are going to be causing the most talk. Issues such as the war in Iraq, foreign policy, energy, and medical care are all subject to getting crucial response from both candidates. However, with the recent economic crisis happening on our economy, it is no wonder why much of the debate has been about this topic. Each side of the candidacy has a different proposal that might encourage voters to take a different approach in deciding who they are ultimately going to vote for. With all of these new factors in the race as well as the pressures that come along with getting closer to the actual vote, some issues tend to be overlooked.

In the recent debates the talk about health care has been generally touched over, but nothing to extensive. People are being left wondering what actual change is there going to be in the health care programs if one candidate is elected over another. A major issue that has been affecting the medical industry is medical malpractice. At the end of the summer, medical malpractice insurance rates were frozen so that the Gov. could properly address the situation. Unfortunately in that time we have experienced the economic crisis, which is going to severely affect the attention of medical malpractice. What people want to know from both Obama & McCain is what they are going to do about the medical malpractice freeze as well as the effects are going to be when the decision must be made in June. Most likely the unfreezing of medical malpractice insurance could significantly increase most peoples basic insurance premiums. This is a very serious topic because it affects the lives of so many people in such a small amount of time.

Medical malpractice is a very serious issue that has millions affected every year. If our candidates paid more quality attention to this topic I think it would generally affect the election tremendously. For our two candidates approach medical care in a very different way because their proposals are directly stemming from other sectors of their campaigns. In order to shed light on the issues regarding medical malpractice, we the voters need to place importance of our concern on the topic. In doing this, as a whole we will be able to elect the candidate who knows what they are going to do when instances of medical malpractice arise. If you or a loved one has been directly affected by medical malpractice, contact a lawyer immediately. They will be able to stand up for you in a court of law and stand up for your rights.

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If one ever becomes a victim of medical malpractice in Los Angeles, a medical malpractice attorney must be consulted with at the earliest. One could be seriously or/and adversely affected by medical malpractice and the after effects may last a long time. These cases can become very complex if neglected and one definitely needs an efficient and competent lawyer to represent the case in order to enhance the chances of winning the case. 

Explaining Medical Malpractice

Every living entity in the world is entitled to medical treatments in their sufferings. Now the professionals administering this treatment are expected to follow certain guidelines to extend the skilled care expected from the medical practitioners. Like every other profession, these practitioners are also expected to perform within the set standards and rules of their profession. Doctors, nurses, lab technicians, as well as other practitioners related to the field of medicine are expected to be competent and skilled in handling cases within their field of expertise.

If they fail to provide services as is expected of them and their services are found wanting, leading to serious injuries to the patient, they are liable for medical malpractice. In such a case a medical malpractice attorney in Los Angeles will fight to ensure that victim’s rights are upheld.

Medical malpractice is not as uncommon as one would think. People do die of diabetes, pneumonia, and Alzheimer’s disease, among others, but more people die of medical malpractice in the United States than of these diseases. Every year around 200,000 people die of medical malpractice. This fact is based on the study conducted by HealthGrades, Inc.

One may hire a medical malpractice attorney to pursue a case of medical malpractice if any of the following conditions arise:

*   Lack of proper medical treatment*  The attending medical practitioners did not follow the standard medical procedures*  The  treatment was administered without any  safety consideration for the patient *  Wrong diagnosis of the ailment *  Wrong prescription of medicines resulting in wrong treatments  *  Neglecting the patient in the emergency room*  Errors were committed during surgery, andMistakes during child birth that led to cerebral palsy etc.

These are some of the ways medical malpractice is considered to have occurred, and are not exhaustive.

Course Of Action In Such Cases

   A medical malpractice attorney must be contacted as soon as possible if one ever falls prey to medical malpractice in Los Angeles. . These cases need to be filed within certain time limits, somewhere within 6 months. Delay may void the claim to medical malpractice compensation.

The medical malpractice cases advocate monetary compensations for expenses incurred by the patient along with compensation for the trauma and suffering that both the victim and his/her family must have gone through. A competent attorney would strive hard to prove medical malpractice exists in your case and that you are entitled to the maximum possible compensation. But before hiring an attorney, for your case, you must carry out extensive research and must consult a vast group of medical malpractice attorneys to get your case validated. This implies you must get to know first whether your case is worth the time and effort that would go in pursuing the legal action or not.

Another most important consideration that may influence your decision to hire a particular attorney is the fee. Most of the experienced lawyers work normally on a contingency fee basis. This means that the fee would only be paid in case the victim wins the case. Lawyers demanding up front money in this legal arena are therefore warned against.

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If a trusted doctor injures you then you need to file for medical malpractice. There are many reasons for a doctor to have injured a patient. Usually it is because they have done something by accident. Who would want to injure a patient on purpose? Some doctors unfortunately do not care. These doctors have been known to injure patients on purpose. Of course television has many examples of malpractice to observe.Most people filing for medical malpractice do so because they were injured by accident. After all doctors do not usually intentionally injure people. Sometimes doctors are pressed for time. It is very common for doctors to be overworked and have too many patients. Rushing through a surgery can very easily cause a mistake and an innocent patient can be left injured. Other times, the situation could have been very complicated. If while operating, a surgeon accidentally cuts something with a scalpel that should not be cut, then a patient will be seriously injured. Anyone can make mistakes. Medical malpractice though can still be filed in this case. Doctors have medical malpractice insurance to help them cope with cases of human error.Some doctors however are not merely making mistakes. Some are purposely out to swindle people and this can lead to many injured patients. These are often times doctors who are not qualified or certified to perform the services that they are claiming to be able to perform. Often times these are doctors who have lost their certification because of past cases of medical malpractice. They have been known to have unsafe tools and unsanitary facilities. Patients often leave with infections and have to go to other hospitals. Patients also suffer from sloppy surgeries. Their incisions can be messy and large. With elective surgery, sometimes the results are not at all what the patient had expected. With all of these cases, medical malpractice needs to be filed.Television has many examples of things that doctors do that would be a cause for filing medical malpractice. House for instance has many cases in which a patient could file for medical malpractice. In the show the doctors are not trying to save lives because it is their job. They are only saving lives as a side affect to figure out cases. Some of these cases cause the doctors to do some very risky tests and even break some laws. Other times the patient suffers merely so that the main character can prove a point. Since it is T.V., the patients often pull through and there is a happy ending. In real life, more people would die and when it came out that the doctors involved were playing a game with people’s lives, medical malpractice suits would be filed.

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When an act of medical malpractice occurs, one of the main battles is determining how much each insurance company must cover. The insurance companies involved in this battle are the doctors, patients, and medical institutions insurance companies. The outcome of who is going to cover the costs usually stems from who prevails in the medical malpractice case. In order to discover who is liable for the account, a lengthy, costly, and emotionally draining legal proceeding must be undertaken. In order for a victim to prove an account of medical malpractice was committed against them, certain things must be proven. First off, the victim’s lawyer must show that the medical professional that committed the act had a duty of care to that patient. Usually this point is fairly easy to prove because medical documents clearly spell out this in terms if admittance papers and insurance forms. Other documents important in this regard are diagnosis papers as well as all other medical documents showing proof that a certain victim’s medical professional was assigned to them.

After a victim’s lawyer has proven this fact, they must now show that the duty of care was not provided from this medical professional. This can be shown through a second opinion from another doctor or medical expert willing to testify in court. If they are able to prove to the court that the proceeding diagnosis or medical intervention was wrongly prescribed or executed, they are showing that the medical professional did not provide their patient with a duty of care. This also extends into instances during surgery where a mistake is made that proves to be detrimental to the health of the patient. In order to sufficiently prove that the medical professional failed to provide the duty of care assigned to them, witnesses may be presented. This could include family members that were present during the medical care period, as well as other workers in the hospital that closely worked on and overlooked such medical professional.

After the duty of care is established and proven that the medical professional failed to provide that duty, a case of medical malpractice is proven to the benefit of the victim. This shows that the medical professional is liable for all damages incurred to the patient. At this point is where the insurance companies of the medical professional and their institution have to figure out the ratio of payout. Many of the times the same insurance company is used to cover medical malpractice insurance of both the individual medical professional as well as the medical institution.

If you or a loved one has been negatively affected by an act of medical malpractice, contact a lawyer as soon as possible. A medical malpractice lawyer will be able to stand up for you in a court of law and determine what steps to take next. Don’t let another person’s mistakes take over your life and leave you with pain and suffering, therefore contact a lawyer as soon as possible.

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I need a good Lawyer or Attorney. A plus if they can give me a free consultation for my case. Thank you.

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