Medical Malpractice - How To Protect Yourself

Posted on February 8, 2008 - Filed Under Legal and Law

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine. This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor’s mistake can have severe — or even deadly — consequences for a patient.

Despite the problems in the medical system, the vast majority of physicians are very competent and dedicated to protecting your health and well-being.

Of course, the best possible situation is avoiding medical mistakes entirely. You can take several steps to help your doctors improve the quality of your medical treatment. What follows is a list of some important steps you can take, and questions you can ask. We hope these guidelines provide a starting point for you to approach decisions about your medical treatment:

Participate in your care. Do not be afraid to ask your doctor questions. Ask what alternative treatments are available. Remember: You have a right to get answers — in terms that you can understand.

Do not be afraid to ask for a second opinion.

Let your doctor know about any allergies you have to medications or other substances.

Let your doctor know all the medicines you current take or took in the past. This may prevent harmful interactions. You should provide this same information to your pharmacist.

When a doctor writes a prescription, do not be afraid to make sure that his or her handwriting is clear and easy for your pharmacist to read.

Ask what side effects to expect from a medicine or a procedure. Also, ask what side effects are serious and require you to seek further medical care.

When undergoing a procedure that requires hospitalization, ask around for the best health care facility that provides the care you need. Check the track record of the facility with the state government regulatory agency.

Do not be afraid to ask your physician or others in a hospital if they have washed their hands. Many dangerous infections are spread by a lack of sanitation.

If you are having surgery, make certain that your surgeon and your family physician are in agreement regarding the course of treatment.

In addition, do not assume that the surgeon who checks you before a procedure will be the one who actually performs it. Ask for the name of the surgeon who will be doing the procedure and find out whether he or she has satisfactory credentials.

If you undergo a medical test and do not find out the results, do not be afraid to ask your doctor just what the test showed.

Do not be afraid to speak up if you feel that something is wrong. Always voice your concerns about treatment.

Get regular check-ups and follow the guidance of your family physician.

Protect your rights. If you or a loved one is the victim of medical malpractice, talk with an experienced medical malpractice lawyer.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has represented the victims of serious instances of medical malpractice since 1968.

Tags: doctor mistake, malpractice, medical, medical mistakes, negligence, physician error

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