Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts

Tuesday, May 12, 2015

Five Most Common Medical Malpractice Errors

Medical malpractice occurs when a doctor or other healthcare professional acts negligently while providing care to a patient, which results in harm to the patient. Medical malpractice claims often arise because the medical practitioner made a mistake by failing to adhere to a reasonable standard of care. Below is a list of the five most common medical malpractice errors.

  1. Child Birth Injuries. A number of things can go wrong when a doctor, nurse, or midwife is negligent during childbirth that can result in injuries to the baby, the mother, or both. Childbirth injuries often fall into one of two classifications:
    • Negligent Prenatal Care. During pregnancy, if negligent medical care is provided to the mother, it can have case significant problems for the baby and the mother. Most often, doctors fail to identify birth defects of the child, ectopic pregnancies, or a medical condition that the mother has that could complicate the birth, such as a contagious disease, hypoglycemia, gestational diabetes, or anemia.
    • Negligence During Delivery. Failure to recognize potential birth complications, such as tangled umbilical cords or conditions that cause fetal distress, can cause brain damage or cerebral palsy. Physical injuries can occur if a doctor negligently pulls on the baby with too much force, which could cause spinal cord, nerve or brain damage, bone breaks, and fractures.  
  2. Errors During Anesthesia. An anesthesiologist can be considered negligent if he or she fails to clearly instruct a patient on the importance of following all pre-operative instructions, or fails to consider a patient's full medical history for potential complications. Similarly, failing to administer enough anesthesia, administering too much, and/or not monitoring the patient’s vital signs can be considered medical negligence as well.  
  3. Errors During Surgery. During an operation or surgery, many mistakes could be made that result in harm to the patient. Accidental injury to organs and tissues that are not subject to the surgery, or performing the operation on the incorrect body part are common medical malpractice claims based on surgical errors. Some medical negligence occurring during surgery may not be readily apparent post-operation and may take years to discover, as in the case of an implement or surgical tool being left in the body of a patient.
  4. Misdiagnosis or Delayed Diagnosis. Failing to make a timely diagnosis of a condition is a common medical malpractice claim because the patient could have been obtaining treatment if the correct diagnosis were made sooner.
  5. Medication Errors. Medication errors can occur at many levels of the prescription process. The doctor could make a mistake when writing a patient a prescription, making it for the wrong drug or wrong dosage. The pharmacist or pharmacy technician could also make the same mistake when filling the prescription, or may make a mistake reading the script due to a doctor’s poor handwriting. Sometimes, a patient’s medication is switched with another patient’s medication, which can cause harm if no one notices the mistake and the wrong person takes the incorrect medication.

If you believe that you have been the victim of medical malpractice or medical negligence, reach out to the experienced personal injury lawyers at De Castroverde Law Group.

Thursday, April 17, 2014

Wrongful Death Claims – What Damages Can Be Recovered?

After losing a loved one in a negligent accident, family members are often forced to deal with expensive medical bills and the impact of lost wages in the midst of their grief. A wrongful death claim not only enables the victim’s family members to hold the responsible party liable for their harmful actions, but also gives them the opportunity to recover damages that resulted from the fatal accident.

There are two main types of damages that can be sought through a wrongful death claim or lawsuit in Nevada: economic and non-economic.

Economic Damages
Economic damages include the costs incurred by the fatal accident, as well as the value of any financial contributions the victim would have made to the family if the accident hadn't occurred. The victim’s family can seek such economic damages as:
  • Medical expenses caused by the accident
  • Funeral expenses
  • Loss of the victim’s expected wages
  • Loss of benefits, including medical coverage and pension plans
  • Loss of the value of goods and services that the victim would have provided
  • Loss of inheritance caused by the victim’s premature death

Non-Economic Damages
Losing a loved one causes more than just financial difficulties, and non-economic damages seek to provide justice for the less tangible harm sustained by the victim’s family. Non-economic damages can include:
  • Grief and sorrow
  • Loss of love and companionship from the deceased
  • Loss of care, protection, and guidance from the deceased
  • Loss of consortium from a deceased spouse
If your family has suffered the loss of a loved one because of another person’s negligence, De Castroverde Law Group can provide you with the effective and attentive advocacy you deserve. Contact our Las Vegas attorneys to learn about the types of damages you can seek through a wrongful death claim.

Friday, April 11, 2014

Seeking Justice Through Wrongful Death Claims

When a person is killed due to the negligence of another party, the victim’s family can hold the party legally responsible by filing a wrongful death claim. Although nothing can ever make up for the loss of a loved one, a wrongful death claim can provide grieving families with the opportunity to obtain justice on behalf of the victim and recover much-needed compensation for medical expenses, funeral costs, and lost income.

Who can file a wrongful death claim?

Wrongful death claims and lawsuits can only be brought by “real parties of interest”, which usually includes:
  • Immediate family members – refers to spouses, children, and parents if the victim was unmarried
  • Life partners and putative spouses – refers to domestic partners, life partners, and “putative spouses”, which means the person believed in good faith that he or she was legally married to the victim
  • Distant family members – refers to brothers, sisters, and grandparents of the victim
  • Financial dependents – refers to any person who was dependent upon the victim’s financial support
If you are unsure whether or not you are eligible to file a wrongful death claim, speaking with an attorney about your situation can help you understand your available options.

What parties can be sued?

Wrongful death claims and lawsuits can be filed against various types of parties, such as individuals, employees, businesses, and government agencies. For example, the real parties of interest could file a wrongful death suit against:  
  • A doctor whose misdiagnosis caused the victim’s death, and the hospital that employed the doctor
  • A driver who caused a fatal collision because they were texting behind the wheel
  • An employer who failed to provide a safe working environment, which led to the victim’s death
  • An automobile manufacturer whose defective vehicle caused a fatal accident
  • A pharmacist who failed to warn a patient about potentially fatal drug interactions
De Castroverde Law Group believes that families who have lost loved ones in negligent accidents deserve justice, and we can assist you with filing a wrongful death claim in Las Vegas. Don’t hesitate to contact our firm to learn more about your legal options.