Chiropractic MalpracticeHealthcare MalpracticeMedical MalpracticeNursing Home MalpraticeChiropractic MalpracticeSince chiropractors are licensed as doctors most people who consult them expect to be properly medically diagnosed. Patients also assume that if their problem is beyond the scope of chiropractic rehabilitation they will be referred to an appropriate practioner. This is not necessarily the case. There are two main types of chiropractic malpractice. Failure to diagnose conditions that require timely medical attention and damage from the manipulation of body parts that have been weaken by the present or previous trauma. In chiropractic malpractice cases, as in other medical malpractice cases, proving negligence is key. As the plaintiff, you have to prove that your chiropractor made a mistake that any other doctor with comparable training would not have made. In addition, you have to prove that the doctor’s negligence is the direct cause of your injury. Medical malpractice cases of any kind can become very complex and laws vary from state to state. It is best to contact a
qualified personal injury attorney with experience in chiropractic malpractice in your area for further information about how to proceed with your case.
Back to TopHealthcare MalpracticeMedical malpractice is not limited to medical doctors; it also includes hospitals, nurses, medical technicians, dentists, psychiatrists, nursing homes, healthcare providers of all types. The first step in a medical malpractice case is to prove negligence which is often complex. You will have to prove that the healthcare provider made a mistake that any other provider with comparable training and or facilities would not have made. In addition you have to prove that the health care provider's negligence is the direct cause of the injury. There is a limit on how much time you have after an accident or injury to file a lawsuit. This is called a statute of limitations and varies from state to state. In most states, you have two years to file a personal injury lawsuit. The clock starts running at the time of the injury. In some limited situations the time period may not begin until the discovery of the negligence. For example, if a loved one dies from what was initially believed to be an accident or natural causes and it is later discovered that the death was caused by negligence, the time period starts running on the discovery of that act. Talk to a
qualified attorney for more information about the statute of limitations in your situation.
Back to TopMedical MalpracticeDoctors have a duty to his or her patients to use care and diligence to diagnose illness so that the proper treatment can be recommended. Generally this duty is measured by the professional standard in the medical field. The basis of most medical malpractice suits is whether the doctor acted as other's that are in his or her’s position would have. Improper diagnosis is one of the most common types of medical malpractice cases brought against doctors. However, a missed diagnosis is not necessarily malpractice. Doctors are not required to be correct every time. A missed diagnosis might result, even if all the tests are performed accurately or evaluated with the utmost care. A missed diagnosis becomes malpractice however if the doctor fails to get a medical history, order the appropriate tests or recognize symptoms of the illness. Medical malpractice lawsuits are expensive, time-consuming, and often difficult to win. One of the biggest challenges you face in this type of situation is finding an attorney who will take on a medical malpractice case. However, many attorneys offer
free consultations and can provide information on how to proceed with your lawsuit.
Back to TopNursing Home MalpracticeMedical Malpractice is not limited to medical doctors; it also includes hospitals and nursing homes. In a nursing home malpractice case, the failure to use reasonable care must be established. Reasonable care is defined as that degree of care or standard of care which a reasonably carefully person would use under like circumstances. So a nursing home's conduct would be compared to the conduct of other nursing homes in the same community. In a normal malpractice case, damages might include medical bills, lost wages, lost earning capacity, disability, pain, suffering, mental anguish and so forth. In a nursing home malpractice case, a resident in a nursing home will usually not have lost wages or lost earning capacity. Also many nursing home residents are already suffering some disability thus it is difficult to measure any increase in their pain and suffering caused by negligence on behalf of the nursing home. If you become suspicious of any mistreatment of a loved one at a nursing home, you should immediately document your suspicions and consult with a
lawyer who has experience with this type of case.
Back to TopNursing MalpracticeOnly a few years ago the distinction between nurses and doctors was pretty clear. Doctors took care of the medicine; nurses took care of the patients. Today, nurses are taking on more of the doctors medical duties and as a result they are increasingly exposed to malpractice lawsuits and as nurses ship their practice from hospitals to homes they are exposed to situations that are much harder to control than they were in
a hospital setting. At-home caregivers now use technology that once only existed in intensive care units. They may be responsible for instructing family members and other caregivers, have to manage ventilators, ambulatory dialysis and intravenous therapies. The law defines nursing negligence or malpractice as failure to exercise the degree of care that a reasonable nurse would exercise under the same or similar circumstances whether the nurses providing care in hospital, nursing home, or in the patient's home. For a nurse to be found negligent, the patient must prove four things:
1. That the nurse had a duty to provide care to the patient and to follow an acceptable standard of care.
2. That the nurse failed to adhere to the standard of care.
3. That the nurse's failure to adhere to the standard of care caused the patient injuries
4. That the patient suffered injury as a result of the nurse's negligent actions
Nursing Malpractice cases can become very complex, talk to an
attorney with experience in nursing malpractice for further information.
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