One thing that is constant in medical malpractice cases of all kinds is the need for expert testimony. Experts are required by the court rules when there is an issue that ordinary jurors do not have the experience or knowledge to judge.
When a patient undergoes a surgical procedure, an unexpected outcome can be a nerve or skin injury caused by improper positioning. The surgical team is responsible for ensuring that the patient is positioned in such a way that there is not excessive pressure on any particular part of the body and a nerve is not stretched to the point of injury.
Many, particularly those in the health industry, believe a major barrier to the openness and transparency necessary to reduce medical errors is malpractice litigation. However, it seems the opposite is true: malpractice claims are seemingly improving hospital transparency and reducing medical errors.
It is not uncommon for a patient who undergoes surgery or any invasive procedure to develop an infection. Although operating rooms are meant to provide a sterile field for a surgery, there are many ways in which a bacterial organism can invade the body through an opening.
Alleging a radiologist missed something on a film and caused you harm can be tricky. Often the “miss” is not obvious to the untrained eye (otherwise they wouldn’t have missed it), and the defense is usually that, only with the benefit of hindsight, can you now “see” the finding.
That question is currently being asked in a courtroom in Kitsap County. Intuitive Surgical, the maker of the da Vinci surgical system, is defending itself from accusations that it isn’t safe when the company’s profits drive surgeons and hospitals to use it without proper training.
In modern hospitals the health care providers rely more and more on machines. A patient’s well-being is maintained through monitoring devices (picture the screen above the patient’s bed showing a pulse), breathing-assistance machines, and drug dispensing methods. The failure of any of these devices, or a malfunction, can adversely affect the patient’s well-being or even cause a death.
Medical errors and negligence can lead to the death of a patient. When it does, a claim is more than one for medical negligence; it becomes a wrongful death case.
