Most people who visit a doctor’s office or hospital feel secure knowing a medical professional will be helping them treat their medical problems. Unfortunately; sometimes, people visiting doctor’s office or hospitals are seriously injured or killed because of doctor malpractice or hospital malpractice.  In fact, the National Institute of Health places the number of deaths from medical malpractice each year to be approximately 225,000, making it one of the leading causes of death in the United States, following heart attacks and cancer. This number does not even factor in all the serious injuries, including permanent injuries that occur each year because of medical malpractice and all the injuries that happen but aren’t directly correlated to medical negligence.

Most catastrophic injuries or deaths in medical malpractice cases occur in hospitals, and when due to provable negligence, most such cases usually involve multiple doctors and nurses who share the responsibility for the injury.  It’s important to understand that most nurses are employees of the hospital, whereas most doctors are independent contractors.  Hospitals take advantage of this extra layer of legal protection and patients even sign forms, including the condition of admission which outlines that doctors are not employees of the hospital. When medical malpractice occurs, patients who are the victims of medical malpractice need to name the doctors and hospitals as defendants in the lawsuit.     

Medical malpractice lawsuits are often the most complicated personal injury cases.  Since most patients enter the hospital with a pre-existing medical condition or multiple pre-existing conditions, proving the connection between the doctor’s negligence and the patient’s injury or wrongful death can often be a challenge.  Doctors who negligently injure patients also count on this and can use their vast medical knowledge to help avoid responsibility for their role in the patient’s injuries. 

If negligence occurs during a surgery, it may be particularly challenging to prove medical malpractice, since the only witnesses are the medical staff, and the only written record of the surgery is the dictated note by the surgeon that is prepared after the surgery.  Many cases of surgery malpractice happen as a result of poor post-operative care, including a failure to diagnose a complication or problem from the surgery itself.  Negligence can also occur after a successful surgery when the patient develops serious problems in the post-anesthesia recovery room where the surgeon usually defers to the anesthesiologist for all evaluation and management decisions.  Therefore if a patient suffers a serious injury or dies after a surgery, it is imperative that the victim or the victim’s family consults with an experienced medical malpractice attorney like Dr. Bruce Fagel to review the medical records, including the post-operative records from the nurses.

Another problem with hospital malpractice involves overcrowded emergency rooms and overworked medical staff.  A serious medical problem can progress into a severe medical emergency if a patient in need of immediate medical care is kept waiting too long.  The patient may also be rushed through the examination and misdiagnosed. 
If you or a family member suffered serious injuries as a result of doctor malpractice, hospital malpractice, or the negligence of any medical professional, you may have a medical malpractice claim.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.

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