This means medical neglect or carelessness. There are various categories of medical malpractice cases. For example, a physician may fail to diagnose cancer. Because of that failure the patient develops cancer, and had it been diagnosed earlier the patient could have been cured. Unfortunately, because of the late diagnosis, the patient was not able to be cured. Due to the physician's failure to diagnose the cancer, he is guilty of medical malpractice. If the physician failed to run tests when he had an opportunity to do so, that would constitute negligence. Failure to refer to a physician who specializes in dealing with cancer, such as an oncologist, also constitutes negligence. Other types of medical malpractice include negligence in operating on person's back, heart or other organ. For example, the physician may be very unskilled or he may perform the operation in such a negligent fashion that another physician can testify that the operation was negligently performed. Another form of medical malpractice would be if a person appeared at the emergency room with symptoms of a heart attack and the doctor did not run sufficient tests such as an EKG or blood tests to determine the existence of cardiac enzymes and sent the patient away, and the patient subsequently dies of a heart attack. In one of my recent cases, a patient appeared at the hospital upon directions from their physician for a blood transfusion. The hospital admitted the patient and ordered the blood. Unfortunately the staff did not give the blood transfusion and the patient died. This is an example of negligence on the part of the staff in not following a physician's instructions or orders. Other cases involve a physician prescribing the wrong sort of medication to a patient and the prescription error leads to adverse consequences. There are so many different forms of medical malpractice that it is impossible to catalog all of them in this short paper. Once medical malpractice is suspected, and once I determine the case is worth handling, it will then be sent for review by competent physicians who will then later serve as expert witnesses. After the expert witnesses have examined the case and given it the "green light" then the complaint will be filed. The case will at some point be settled or possibly tried to a verdict.
I do not handle small personal injury cases such as whiplash injuries treated by chiropractors. But I do handle serious automobile accidents where a person has substantial medical bills totaling in excess of ten thousand ($10,000.00) dollars or some permanent injuries such as a lost arm, damaged back or other kind of permanent injury. The personal injury cases I handle involve automobile accidents, trucking accidents, serious on the job accidents under workers compensation, premises liability, where a person seriously hurts themselve by slipping and falling (commonly known as a slip and fall), serious dog bite cases, and any other types of injury that carries with it substantial damages . There are many law firms that handle the smaller type automobile accidents where only soft tissue injury or whiplash is involved. These cases usually do not go to trial and are usually settled for a sum of money more than the actual medical expenses.
This is related to nursing home abuse, medical malpractice, personal injury, on the job accidents, any type of automobile accident, including motorcycles, all requiring skill and experience to bring forward a good result. Once I agree to take a wrongful death action, I must spend a great deal of time in evaluating and perfecting the case. Usually, if I take this type of case, it will be settled rather than tried because the insurance company or the defendant will know that we are not afraid to try the case and have all the evidence we need to move forward. Wrongful death cases are an investment of my time and effort and emotional trauma for the family. I consider a high privilege to handle this type of case and take whatever time is necessary to make sure the job is done well.
This is also sometimes referred to as nursing home abuse. One form of nursing home negligence consists of infected bed sores known as decubitus ulcers. They come about because the patient is bed ridden and is not turned every 2 hours as required by federal regulation. If the patient is not turned, they rest on a certain part of their body for longer than is necessary and begin to develop a bed sore. Unfortunately if not treated, this bed sore can degenerate from a Stage 1 to a Stage 4. Stage 3 and 4 bed sores are unacceptable. They should not develop even under difficult circumstances. My expert witnesses are prepared to testify in appropriate cases that infected bed sores should not have developed. Infected bed sores, when they develop to a Stage 3 or 4 can leave bone exposed and have wide gaping wounds. Treatment must be instituted immediately upon seeing a Stage 1. Infected bed sores can lead to sepsis and death. These are very serious cases and must be treated that way. Other sorts of abuse or neglect consist of mishandling patients and falls with broken bones. Dehydration and malnutrition leading to early death are also other forms of nursing home abuse. The nursing home records will show how long and often the patient was fed and allowed to drink water. Sometimes, believe it or not, patients are allowed to linger in the bed and meals are placed in front of them with the patient unable to eat. Nobody on staff takes time to feed them. This is also unacceptable. Family members should keep on eye on their loved ones in the nursing home to make sure they are properly turned, fed and hydrated. You can take no chances because nursing homes are very often short staffed and do not have the personnel available to do the job the way it should be done. Complaints about the nursing home abuse can be made to the proper state and federal agencies. By the time I am involved in a case such as this, the facility has either caused a death or serious injury and the family retains me to bring suit against the nursing home. I have concentrated a large part of my practice on litigation involving nursing homes in New Hanover, Pender and Brunswick Counties and have occasionally taken a nursing home or adult care or assisted living negligence case in Wake or Mecklenburg County. I try to avoid going outside New Hanover, Pender or Brunswick Counties.