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Medical Malpractice Archives

The vital importance of informed consent

With few exceptions, patients are required to give informed consent before being treated by a physician. Informed consent helps to ensure that patients are educated about their options and their treatment before they are subjected to procedures, medical intervention, medication and other critical aspects of their care.

WHAT CONSTITUTES MEDICAL MALPRACTICE?

Many people think they know what constitutes medical malpractice based on television shows and what they've heard from friends and relatives who may not be qualified to comment. The actual answer differs somewhat from state to state, depending on the jurisdiction in which you reside. In Illinois, the law is very clear. Medical malpractice is said to have occurred when a healthcare professional violated the governing standard of care in the course of treating a patient, resulting in an injury to the patient. Malpractice may be the result of an action that causes an injury or a failure to take appropriate action that would have avoided injury.

How Much Time Do I Have To File A Medical Malpractice Action In Wisconsin?

The Wisconsin legislators took a great deal of care to consider many details when establishing a statute of limitations for medical malpractice legal actions. While the overall statute of limitations requires claims to be filed within three years of the date of injury, many factors can change that date.

CAN I PURSUE DAMAGES FOR PAIN AND SUFFERING UNDER WISCONSIN MEDICAL MALPRACTICE LAW?

Because no absolute dollar amount can be placed on pain and suffering, these damages fall under the classification of non-economic damages, according to Wisconsin law. If the negligent acts of a medical provider leave you or a loved one with life-changing injuries, it takes a toll on the entire family. In addition to allowing medical malpractice victims to pursue fair compensation for pain and suffering, Wisconsin law permits them to pursue other non-economic damages, subject to specific limitations.

25-YEAR STUDY SHOWS DIAGNOSTIC ERRORS ARE MORE COMMON AND HARMFUL THAN OTHER TYPES OF MEDICAL MALPRACTICE

All good medical decisions and treatment rely on timely and accurate diagnoses. Yet, all too often, healthcare providers fail to accurately diagnose serious conditions in time to begin potentially life-saving treatment. In many cases, incorrect diagnoses result in incorrect treatments or no treatment at all. Diagnoses are at the core of all medical treatment, and it turns out diagnostic failure may be at the core of a majority of medical malpractice cases.

Is Cerebral Palsy An Illness Or Injury Under Illinois Or Wisconsin Law?

Cerebral palsy is the loss or impairment of motor functions that can be caused by injury to the brain - sometimes due to surgeon malpractice. Medical malpractice law can be used to seek the compensation needed to pay for the long-term care and assistance of cerebral palsy sufferers. However, the condition does not always reflect medical negligence, so families need to retain experienced legal advice before undergoing a complex process to file a medical malpractice claim or lawsuit.

How Do I Know If My Infant's Injuries Were Caused By Medical Malpractice?

Childbirth is generally seen as one of the most natural processes on earth, but that does not mean it is risk-free. When an infant sustains injuries at birth, the fault may lie with nature, the mother or errors made by healthcare providers before or during the birth. Determining the true causes of injury involves detailed investigations conducted by attorneys who understand the medical malpractice laws in your state and who have a network of resources and a wealth of knowledge in the medical science and processes associated with birth injuries.

Are Medical Errors More Prevalent In Inpatient Or Outpatient Settings?

Major surgery and other significant treatments often require patients to check in to the hospital. However, with the growth of outpatient surgical centers and some treatments now available at a doctor's office, you have more choices. Your doctor should explain the risks of each alternative, but you also need to do your own homework to help identify the safest alternative.

Does My Illinois Medical Malpractice Case Have To Go To Court?

If you or a loved one suffers significant injuries at the hands of a negligent healthcare provider, you have the right to seek full compensation for your damages. While many individuals take their issues to court, you also have the option of using an alternate method for resolving your dispute: arbitration. This option can help you work toward settlement, with potentially less stress and time.

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