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Medical Malpractice Articles


California’s Non-Economic Damages Cap and What that Means for You

San Jose Medical Malpractice Attorneys

San Jose medical malpractice lawyersIn California, the Medical Injury Compensation Reform Act (MICRA) imposes a $250,000 cap on compensation for non-economic damages in medical malpractice cases. Under this law, individuals who suffer at the hands of negligent medical professionals can recover as much compensation as they need to cover their medical bills and other tangible expenses, but cannot recover more than $250,000 for their non-economic damages.

Keep in mind that this cap only applies to medical malpractice cases. If you were injured in a car accident, a slip and fall accident, a workplace accident, or any other instance of negligence on another party’s part, MICRA’s limits do not apply to your case.

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Cancer Misdiagnosis: Which Types are Often Overlooked?

Silicon Valley Medical Malpractice Lawyers

San Jose Misdiagnosis AttorneysIncorrect and delayed diagnoses are commonly discussed types of medical malpractice case. These, like other incidents of medical malpractice, occur when a physician fails to take the proper amount of care to ensure the patient’s health, safety, and recovery. In other words, if a doctor fails to adhere to the standard of care for the patient’s condition, he or she is negligent. When a doctor’s negligence causes his or her patient to suffer an injury or a worsened medical condition, he or she may be liable for the patient’s resulting damages.

A doctor can fail to diagnose a patient’s cancer or incorrectly diagnose it as another condition if he or she fails to order the necessary tests after discussing the patient’s symptoms and performing an examination. Sometimes, the misdiagnosis is due to the doctor’s failure to correctly interpret test results or his or her failure to refer the patient to a specialist for conclusive screening. Certain cancers are more likely to be misdiagnosed than others. Below are three types of cancer that can be overlooked. Familiarize yourself with them and if you have a family history with them or experience their symptoms, discuss your concerns with your doctor.

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Heart Device Causes Severe, Life-Threatening Infections

San Jose Medical Malpractice Attorneys

Heart Device Causes Severe, Life-Threatening InfectionsAdvances in medical technology generally work to improve our quality of life and medical outcomes, rather than inhibiting them. But sometimes, medication is found to have dangerous side effects and medical devices are found to be dangerous to patients. One such device is the heater-cooler, a device used to regulate a patient’s body temperature during surgery. Although these devices are necessary in procedures like heart-valve replacements, heart bypasses, and other operations to the heart and lungs, they can become infected with harmful bacteria and pose an infection risk to patients. Before you undergo heart, lung, or another chest surgery, talk to your doctor about the devices that will be in use during and after the surgery and their risks. As a patient, you have the right to know about all of the potential hazards and side effects of the procedures you receive and the medication you take. This is the basis of informed consent. If you are not thoroughly educated about a medical device or procedure before it is performed or if you suffer from complications related to your doctor’s negligence, you could have grounds for a medical malpractice claim. Even if your doctor did nothing wrong, you may still have grounds for a medical malpractice claim if you suffer health issues as the result of a defective product, you may have grounds for a defective product claim with the product’s manufacturer.

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Study Finds that One Third of Asthma Patients are Misdiagnosed

San Jose Medical Malpractice Attorneys

Study Finds that One Third of Asthma Patients are MisdiagnosedA recent study published by JAMA found that asthma, a condition thought to affect approximately 300 million people worldwide, may be overdiagnosed. The study discussed research performed by Dr. Shawn Aaron, a respirologist at The Ottawa Hospital and professor at the University of Ottawa, which followed 613 patients from 10 Canadian cities from 2012 to 2016. All of the individuals who participated in the study were adults who had been diagnosed with asthma within the five years prior to the beginning of the study.

Misdiagnosis can cause a patient to incur unnecessary medical expenses and experience unnecessary limitations. It can also prevent a patient from obtaining the treatment he or she needs for his or her actual condition, sometimes resulting in the severe worsening of the patient’s condition or his or her death. When an incorrect diagnosis could have been prevented if the physician had taken reasonable care to diagnose the patient’s condition more accurately, the patient may seek compensation for his or her resulting damages through a medical malpractice claim.

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Can MRIs Help Prevent Birth Injuries?

San Jose Medical Malpractice Attorneys

Can MRIs Help Prevent Birth Injuries?According to recent trends, yes. Magnetic resonance imaging (MRI) technology is becoming an increasingly popular way for physicians to seek and diagnose injuries in newborns. Because MRIs do not use radiation, they can safely be performed on pregnant women. Although ultrasounds are used more frequently to examine a fetus, sometimes they do not provide clear enough images for doctors to make diagnoses or critical decisions about a developing fetus’ health. MRIs can also be used on newborns to diagnose their birth injuries. If your doctor recommends an MRI before your child is born, ask about the procedure and why the doctor feels it is necessary.

As a patient, you have the right to know the reasons behind each procedure performed on you and the risks associated with them. Your doctor has the responsibility to act in your best interest and according to the standard of care for your condition. If your doctor does not act within the standard of care for your condition, you could have grounds for a medical malpractice claim to recover compensation for your damages caused by his or her negligence.

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