Malpractice is a wrongful act that someone had no right to do; improper professional conduct. Negligence is the failure to exercise that degree of care that, under the circumstances, the law requires for the protection of other persons, or those interests of other persons, that may be injuriously affected by the want of such care.
There are many types of medical malpractice cases that can be brought against physicians, hospitals, and medical personnel, such as:
Birth Injury – Medical negligence can result in cerebral palsy, Erb’s palsy, and brain damage.
Cerebral Palsy – Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems associated with labor.
Failure to Diagnose – A physician can be held accountable if a patient is treated for a disease he/she doesn’t have and the treatment causes injury, or if he fails to diagnose serious problems such as appendicitis or cancer.
Breast Cancer – Failure to diagnose breast cancer in a timely manner results in a disproportionate percentage of all medical malpractice claims.
Lung Cancer – Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer.
Foot Surgery - Patients who have undergone foot surgery may experience a variety of postoperative complications due to improper medical care or negligence; for example, excess bone removal, improper placement of implants and fixation devices, and over (or under) correction of a perceived bony deformity
Any
malpractice or negligenceinvestigation must be approached with an objective fraud model. This model incorporates an open hypothesis by working backwards chronologically from the patient event(s) which initiated the inquiry. In order to identify potential fraud by a medical professional and/or the staff, it is necessary to identify inconsistencies, alterations, and time lines.
In some cases, the patient file may not tell the whole story. In one case, for example, there was a reference to a medical procedure on a certain date which was exculpatory for the practitioner. A review of the appointment calendar and billing record showed that the patient did not have an appointment on that date.
In a medical malpractice lawsuit in 2002 against two Massachusetts General surgeons, Notre Dame head football coach, Charlie Weis, claimed that the physicians acted negligently by failing to recognize life-threatening internal bleeding and infection after the surgery.
In October of 2006, Carl Garrett, a 60-year-old employee of Blue Ridge Paper Products in Canton, North Carolina, volunteered to get his gall bladder removed at Indraprastha Apollo Hospital in Bangalore, India, setting off a debate between his employer and the United Steel Workers Union about the quality of overseas health care and the issue of medical liability.
PSYCHOLOGISTS MALPRACTICE
There are many diverse reasons why an increasing number of psychologists are practicing, at least part-time, within hospital settings. For some, hospital work is both challenging and rewarding. For others, it is a clinical necessity since their patients must occasionally be hospitalized, and unless there is continuity of care, the patients may be harmed. For still others, third-party payment sources, such as insurance companies and Preferred Provider Organizations (PPOs), require hospital privileges as a prerequisite for reimbursement or membership. Blue Cross of California's Prudent Buyer Plan, for instance, only contracts with providers who are associated with participating hospitals.
One possible drawback of hospital association, however, may be that hospital policies and procedures may prevent psychologists from functioning in roles traditionally identified with psychology. For example, the court decision (Capp v. Rank) that only physicians could diagnose and treat mental disorders with organic bases, essentially eliminating the role of the neuropsychologist.
As hospitals are relying more and more on independent contractors (fee-for-service clinicians), responsible oversight has become more of a challenge. Independent contractors who spend only a few hours per week at a hospital lack sustained interaction with administration, employees, and patients, and may result in adequate supervision and conflicts influencing patient care.
NURSING HOME MALPRACTICENursing Home malpractice/abuse is a leading cause of wrongful death lawsuits. Some examples are:
- Medication errors (including over medication)
- Bacterial infections
- Diagnosis errors
- Assault
- Rape
- Excessive physical restraint
- Forced imprisonment
- Deprivation of food or water
- Unauthorized use of psychotropic medications
- Unexplained injuries, wounds, bruises or welts
- Excessive bedsores
- Physical abuse
- Inadequate security
Whenever any type of medical malpractice, abuse or negligence is suspected, it’s imperative to immediately begin a thorough and professional investigation.
ICS investigators are trained and experienced in all aspects of medical
malpractice and negligence investigations. We are experts at knowing what to look for (and where to find it), including interviewing witnesses, obtaining medical records, and preparing proper documentation.
Describe the circumstances and requirements of your case to us. Please include any and all information that may be important. Even the most minor detail can be considered helpful. (The Story)