The area of Medical Malpractice is a field of law that is very personal to me. It is my belief that failure on the part of medical doctors to run a full and complete battery of tests upon my father back in 2002 resulted in their failure to identify a tumor which ultimately metastasized into pancreatic cancer resulting in his death six (6) months later. My father, who practiced law for over 40 years before his death made me promise to not pursue the doctors I felt where to blame for his untimely death. I kept that promise to my Father. However, having first hand experience watching a loved one needlessly die because of medical neglect has created a dedicated desire to assure medical professionals fully perform their duties owed to their patients.
When a person literally places their lives in the hands of medical professionals including doctors, surgeons, nurse practitioners, nurses or other medical professionals that person should be assured that they will receive appropriate medical care and treatment. Many physicians and other medical personnel are committed to providing the highest level of treatment and care they are able oftentimes under the pressure of serious accidents, illnesses or other conditions. However, there is an increasing atmosphere within many hospitals, medical groups and individual doctors to “cut costs” and as a result fail to run appropriate and necessary tests that could save or prolong a person’s life.
All surgeries, including rather “simple” procedures, carry potentially fatal outcomes. Patients have died as a result of orthoscopic knee surgeries, removal of wisdom teeth and other rather “standard” procedures. Often these deaths occur as a result of negative reactions to anesthesia or failure to take a complete pre-surgery history from the patient. Further, many times doctors fail to properly and fully explain the potential risks associated with all surgeries and medical procedures i.e. lack of informed consent.
Medical Malpractice cases cover a wide range of areas including surgical mistakes, failure to fully explain the risks of surgery to a patient, failing to properly diagnose a patient within a reasonable time frame, prescribing incorrect medications or medications with serious consequences when taken with other medications or supplements. Medical Malpractice cases can also include elder neglect, wrongful deaths, emergency room mistakes, premature deliveries of babies and failing to obtain a complete and accurate medical history from their patients.
There are very strict time limitations to pursue medical malpractice cases in the State of California. There are also “pre-lawsuit” notice letters that need to be sent to any and all health care providers prior to a formal lawsuit being filed.
Time is of the essence when it comes to pursuing a medical malpractice case against any health care provider. As soon as you suspect an act of medical malpractice has occurred you must immediately seek out an experienced attorney who will assure all crucial evidence will be properly preserved.
Virtually all health care professionals carry some type of insurance and once a claim of malpractice is alleged insurance adjusters will review the facts and potentially try to resolve the case prior to the time an actual lawsuit is filed against a health care professional. Therefore, it is important to retain an experienced lawyer who knows how to properly negotiate with these insurance adjusters, make sure all relevant information is properly preserved and present all evidence in the light most favorable to the claimant.
Should you suspect you, a loved one or friend might be a victim of some type of medical malpractice you should IMMEDIATELY contact the Law Office of Sean Hennessey. Sean Hennessey will provide sound, compassionate advice and guidance when dealing with potential issues of medical malpractice.
NOTABLE RECENT RESOLUTIONS IN MEDICAL MALPRACTICE CASES:
FACTS: Elderly man goes to the doctor complaining of dizziness. His doctor prescribes him a drug called anti-vert. A major chain pharmacy provides the patient with Ativan (a class of benzodiazapam drugs which includes Valium and Xanax) and tells him to take one every 4 hours. The man immediately starts to have negative reactions to the drugs and suffers a slip and fall injuring his back. During the course of week he is taken to the hospital three (3) different times. It is not until the third hospital visit that it is determined he was given the wrong medication.
RESULT: Confidential 6 figure pre-trial settlement.