Medical Malpractice – Misdiagnosis and Failure to Diagnose
Diagnosing illness is an art, but it's an art based on taking a complete medical history, ordering the right tests, and carefully observing the patient. By following established medical best practices, doctors increase the likelihood that they will be able to diagnose a medical condition correctly.
Continue readingResponsible Parties in Medical Malpractice Actions
In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists, nurses, nurse practitioners, physician's assistants, chiropractors and alternative medicine providers, can be held liable for medical malpractice. As with a case against a doctor, to be successful in a medical malpractice case against another health care professional, the plaintiff must prove that the provider owed a duty to the plaintiff, that the provider breached that duty by deviating from the acceptable standard of care, that the provider's breach caused the plaintiff harm and that the plaintiff was injured.
Continue readingUnderstanding Informed Consent
In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that the patient has made a knowing decision about a medical treatment or procedure after a doctor or other health care professional discloses all the information a reasonably prudent medical provider would give to a patient regarding the risks involved in the proposed treatment or procedure. If the health care provider fails to obtain informed consent, the patient may have a legal claim for damages. An experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney's At Law in Salt Lake City, UT, can help you determine whether you have a claim and represent your interests throughout the legal process.
Continue readingMedical Malpractice – An Overview
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.
Continue readingCerebral Palsy Due to Medical Malpractice
Cerebral palsy affects dozens of children in our area every year. This disability has a number of causes, only one of which is injury at birth. Because it can have other causes—or no known cause at all—it can be difficult to know when you should suspect medical negligence. You might question whether medical malpractice played a role in your child's cerebral palsy if:
Continue readingMedication and Prescription Drug Errors Medical Malpractice
When it comes to prescribing, filling, and administering medication, there are many steps along the way from the doctor to the patient. At each step along the way there are opportunities to check and double check that errors have not been made.
Continue readingNursing Errors Medical Malpractice
The most important role a nurse plays in a hospital or a nursing home is that of an educated observer. The nurse is in close and frequent contact with the patient and is usually the first person to see a change in a patient's medical condition. By taking the patients vital signs frequently, and reporting them promptly to the physician, the nurse ensures prompt treatment for any developing medical conditions or post-surgical problems.
Continue readingWrongful Death Actions for Medical Malpractice and Neglect
Losing a loved one is the most difficult thing any of us will experience. We all know it will happen some day, but for your family that tragic loss came far too soon because of the negligent or reckless actions of another person or a company.
Continue readingMedical Malpractice – Failure to Treat
With some medical conditions, time is critical. Failing to treat a medical condition can mean the difference between recovery with little or no damage and premature death. When a person arrives in a hospital or clinic with a medical emergency, their condition may already be critical. Your legal team will need to prove that it was not the medical condition that caused the injury or death, but negligence in diagnosing and treating it. This is a complex case to make.
Continue readingProving Your Medical Malpractice Case – Causation
To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff's injury and that the doctor or other medical professional's negligence damaged the plaintiff. Proof of causation can be a difficult issue in a medical malpractice case. For one thing, the injuries generally involved in medical malpractice cases require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries...
It is important to contact an experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney's At Law in Salt Lake City, UT, who can evaluate your situation and work with experts to prove causation. Continue reading
