Articles Tagged with negligence

Published on:

Medical Malpractice occurs on a daily basis. When it happens in a hospital setting, it can be difficult to figure out who was responsible.  There are two to three nursing shifts every day, attending physicians, consulting physicians, physician assistants, and resident physicians.

Take this case, for example: Our client went to the emergency department with a broken leg. The emergency department physician evaluated her and admitted her — not for the broken leg, but for the dizziness that caused her to fall in the first place.  Then began the extensive workup and multiple consults (physician examinations from different specialists).   On day one, the broken leg was placed into a removable walking boot for the next three weeks – a simple break that needed some stability.  No orders were written about that boot, (but remember, it was a removable boot). Throughout the next five days in the hospital, the patient saw several different consulting physicians for an extensive workup to uncover why she became dizzy and fell.  The patient also had 24 hour nursing care. On a daily basis, the patient saw several different doctors who reviewed and assessed different test results, the patient’s clinical presentation, and radiology/laboratory findings.  As each physician or nurse assessed this patient, s/he was advised of the extreme pain experienced by the patient.  Each physician reviewed and agreed with the existing pain medication order or orders more/stronger pain medication – and with the medication, the patient’s pain subsides temporarily. But by day five, the pain was excruciating.  Someone finally took off that removable walking boot…only to discover that the “simple broken leg” is gangrenous.  The end result: a below the knee amputation.

So, who was responsible for the treatment and care of this patient?

Published on:

Kathryn_Wickenheiser
Kathryn Wickenheiser    kwickenheiser@kecheslaw.com

When filing a new lawsuit, one must keep the above law in-mind.  In short, we call this “60L Notice.”

Anyone intending to file a claim for Medical Malpractice in the Commonwealth of Massachusetts must give written notice of (6) six months (182 days) to each health care provider, entity and corporation intended to be named as a defendant.  This notice shall contain a factual basis for the claim; the applicable standard of care alleged by the claimant; the manner in which the claimant alleges the standard of care was violated; the alleged action that should have been taken to achieve compliance with the alleged standard of care; the manner in which it is alleged that the breach of the standard of care was the proximate cause of the injury claimed in the notice; and the names of all health care providers that the claimant intends to notify.  The claimant must also furnish a copy of all medical records related to the claim of negligence within 56 days of giving notice.

Published on:

Informed Consent is required before many medical procedures. Patients sign Informed Consent forms in doctor’s offices and hospitals. There are consents for anesthesia, surgery, certain medications and diagnostic tests or treatments. The typical Informed Consent form provides the patient with a list of things that can go wrong – “risks of the procedure.” For instance, one might bleed after surgery or develop an infection.

Suzanne_McDonoughSo, what does it mean to a patient who suffers permanent harm when one of those bad things happens? What it does not mean is that because you signed the form, you may not sue a doctor whose negligence caused the bad thing to happen. When a health care provider renders substandard care resulting in harm to the patient, the health care provider may well be liable for negligence – even if the event was contemplated by a signed consent. A doctor may not negligently injure a patient and then hide behind a consent form.

If a patient is harmed because a doctor withheld material information from the patient, that may give rise to another kind of claim for damages – even where there was no medical negligence.

Published on:

images-281
By: Suzanne CM McDonough

508-821-4324

Featured on November 15, 2013 in the Worcester Telegram & Gazette was Keches Law Group’s most recent medical malpractice settlement for $4.25 Million

Published on:

images-281
By: Suzanne CM Mcdonough

508-821-4324

According to the CDC, prostate cancer is the second most common cancer among men in the United States. Nearly 30,000 men in the United States die from prostate cancer each year.

Contact Information