R. J. Marzella & Associates, P.C. FindLaw IM Template2024-03-06T12:53:07Zhttps://www.marzella-law.com/feed/atom/WordPress/wp-content/uploads/sites/1100374/2019/07/cropped-fabicon-32x32.jpgOn Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518422024-03-06T12:53:07Z2024-03-06T12:53:07ZMissed diagnosis
When a healthcare provider fails to recognize that a patient has cancer when they present symptoms or attribute those signs to a less serious condition, it can lead to a delay in treatment and potentially worsen the patient's prognosis.
Delayed diagnosis
In case of delayed diagnosis, a medical practitioner may eventually diagnose cancer, but there is a significant and unjustifiable delay from the time of the first presentation of symptoms or from when the cancer could have reasonably been detected. Similar to a missed diagnosis, this can also result in harm to the patient due to delayed treatment.
Incorrect diagnosis
In some cases, a doctor or healthcare provider may incorrectly diagnose a patient with the wrong type of cancer or with another condition. As a result, the patient may undergo unnecessary or incorrect treatment, leaving the actual cancer untreated.
Pursuing a medical malpractice case
Note that not all failures to diagnose are due to medical negligence. Cancer can be particularly challenging to diagnose because its symptoms often resemble those of less serious conditions and early-stage cancers may not always present clear symptoms.
Additionally, medical professionals use their best judgment based on the symptoms presented and the results of tests, which are not always conclusive. However, when these professionals do not follow the medical standards of care, resulting in a form of failure to diagnose cancer, it may be a form of malpractice.
If you believe you are a victim of medical malpractice, it is highly advisable to consult with a legal professional who specializes in medical malpractice to understand your situation, rights and remedies.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518392024-02-26T07:44:06Z2024-02-26T07:44:06Zerror occurs in prescription medicine, it can have devastating consequences. How can you know when a simple mistake has crossed the line and become medical malpractice?
When duty is breached
When you visit a doctor to treat a specific condition, you establish a professional relationship between you and the healthcare provider. You expect to receive a high standard of care, and they are bound by their duty to provide it.
However, a breach of this duty happens when you receive substandard care, like being prescribed a drug that a competent professional would not have given you in similar circumstances.
The breach resulted in injury
For a medical error to constitute malpractice, it must lead to harm. If you suspect your healthcare provider is negligent, you must prove it caused you injury. In the case of medication errors, this means that your condition worsened after taking the wrong medicine.
The error caused significant damages
If you seek to press charges for medical malpractice, you must prove that the injury or harm caused by the medical negligence has resulted in considerable damage. This could include additional medical bills, lost wages, or pain and suffering.
If you find yourself harmed by a medical error, seek medical help immediately to address any healthcare concerns quickly. After that, you may consult with a lawyer to help you determine whether your case meets the criteria for medical malpractice.
Although not every error equates to malpractice, understanding the difference can significantly help you protect your health and well-being.
Remember, it is your right to receive appropriate help and good-quality medical care. When that standard is not met, it is also your right to seek justice.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518352024-02-10T16:58:55Z2024-02-15T16:57:49ZCommon reasons for usage
Forceps are metal instruments designed to grasp the baby's head and assist in guiding it through the birth canal during delivery. They are typically used when the baby is in distress, the mother is unable to push effectively or the delivery is taking too long and needs assistance to progress safely.
Risks for the mother
Despite their intended purpose, forceps delivery carries various risks for both the mother and the baby. For the mother, these risks may include severe tears, pelvic floor damage and urinary or fecal incontinence. Additionally, forceps delivery can lead to postpartum hemorrhage, infection and long-term pain or discomfort.
Complications for the baby
For the baby, forceps delivery can result in a range of complications, including facial injuries, skull fractures and nerve damage. In severe cases, forceps delivery can cause brain damage or even death.
Legal implications
When complications arise from forceps delivery, families may seek legal recourse to address the damages incurred. In such cases, medical professionals may be liable for malpractice if they fail to adhere to the appropriate standard of care or if they use forceps negligently, resulting in harm to the mother or baby.
Medical professionals must carefully weigh the benefits and drawbacks of forceps delivery and take appropriate precautions. By prioritizing patient safety, healthcare providers can reduce the likelihood of injuries from forceps use.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518372024-02-12T13:14:46Z2024-02-12T13:14:46ZDamages beyond the physical
Some of the potential psychological impacts of surgical errors include the following:
Chronic stress: Dealing with the aftermath of a surgical error, including additional treatments, added expenses and legal battles, can cause chronic stress on the patient and their family.
Anxiety and fear: Victims of surgical errors may develop a persistent fear of hospitals, medical treatments or further surgeries. This can lead to avoidance of necessary medical care and can complicate their overall health.
Depression: When patients realize that their condition may have worsened or that they have new health issues due to the surgical error, it can lead to feelings of hopelessness and depression.
Post-traumatic stress disorder (PTSD): In some cases, the experience of a surgical error can be so traumatic that it leads to symptoms of PTSD, such as flashbacks, nightmares and social detachment.
These are only some of the manifestations of a patient’s emotional distress due to experiencing surgical errors.
Fighting for accountability
Whether you or your family member suffer from temporary or permanent injuries or disabilities due to a surgical error, you may qualify not only for economic damages but also noneconomic ones. The final determination of your compensation will depend on the unique facts and circumstances of your case. Hence, a meticulous review of your situation and the evidence is crucial.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518332024-02-07T01:57:31Z2024-02-07T01:57:31ZChanges in communication
Every year, medical misdiagnoses cause conditions that kill or disable nearly 800,000 people, according to U.S. News. Inaccurate information and poor communication can play a role in these misdiagnoses. Telemedicine requires electronic communication. It alters the traditional doctor-patient interaction. The shift from in-person visits to virtual encounters may affect the quality and accuracy of information exchanged.
Diagnostic challenges
Because patients are not physically present during telemedicine consultations, accurate diagnoses are problematic. Physicians may find it difficult to assess physical symptoms. They cannot conduct full examinations on video calls. This may lead to misdiagnoses or delayed treatments.
Technological hurdles
Telemedicine is convenient. However, technical glitches can affect the smooth flow of consultations. Patients may have difficulty connecting to the doctor and software errors. They may also not understand the technology they need to use. These challenges may lead to misunderstandings or incomplete medical information sharing.
Informed consent
Obtaining informed consent is an important aspect of medical practice. Patients may not understand the risks and benefits of treatments when they talk with their physicians over video calls. The potential for miscommunication or lack of clarity in virtual settings may impact the validity of informed consent.
Documentation and record-keeping
Accurate and thorough documentation is paramount in healthcare. It ensures continuity of care and legal compliance. Telemedicine makes maintaining comprehensive and organized electronic health records challenging. This increases the likelihood of oversights or discrepancies that could contribute to medical malpractice claims.
The evolving landscape of telemedicine raises questions about the applicability of existing medical malpractice laws. Courts may need to address the unique issues of virtual healthcare.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518312024-01-30T14:40:12Z2024-01-30T14:40:12ZThe alarming need for fall prevention in hospitals
Elderly patients, those recovering from surgery and those under medication are particularly vulnerable to falling. They might feel dizzy, struggle with balance, lose consciousness or have trouble moving around, leading to falls.
Hospitals understand these dangers. It is the reason why they must assess each patient’s fall risk. If necessary, assign a staff member to monitor those who need assistance closely, use bed alarms to alert nurses when high-risk patients try to get up on their own and use other fall prevention methods.
Despite these stringent measures, inconsistencies in enforcement or practice still happen, leading to an alarming number of in-patient falls. Even more worrying is how one-third of falls in hospitals lead to an injury, some of which are disabling or life-threatening, such as broken bones, fractures, head trauma and even death.
What to do if you fall while in the hospital
Hospitals are obligated to maintain a safe environment to avoid causing harm to patients and visitors. Apart from implementing various fall prevention mechanisms, they must address any risks within the premises, such as spilled liquids, inadequate lighting and uneven flooring.
If you’re injured after a fall in the hospital, you may be eligible to receive compensation. However, you must prove that the hospital knew about the safety risks and did nothing to address them, resulting in your injuries.
Taking on a hospital is a huge undertaking. These corporations will fight tooth and nail to protect their reputation. However, you also deserve compensation for your hardship. After an accident, consider talking to a lawyer to determine whether you have a viable case and to receive guidance on the process.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518292024-01-18T15:13:19Z2024-01-18T15:13:19ZCesarean sections, commonly known as C-sections, often serve as a life-saving procedure during childbirth. Doctors choose this type of delivery when complications arise such as when natural vaginal birth becomes risky for the mother or baby. However, if medical professionals delay this procedure, it can lead to severe consequences. Often, it can result in serious birth injuries.
Why mothers might require a C-section
Nearly one-third of babies in the U.S. are born through C-section. In these operations, determining the need for a C-section is a decision that doctors must assess based on the well-being of the mother and the baby. There are various reasons why doctors might opt to perform a C-section, including:
Maternal health problems or infections
Baby's size or incorrect position
Multiple births (twins, triplets, etc.)
Placental issues (blocking cervix or separation from uterus)
Complications during labor (labor not progressing, signs of baby's distress)
Under these conditions, doctors must perform a C-section immediately. Even a slight delay in this decision, though it might seem minor, can bring lifelong risks to the child.
Consequences caused by a delayed C-section
The consequences of a delayed cesarean section can be severe. For example, a Philadelphia hospital received a lawsuit for failing to perform a timely C-section, despite the mother showing signs of needing one. As a result, the baby was born with cerebral palsy, other neurological injuries and neurodevelopmental delays. This means the child will require special care throughout their life.The court found the hospital at fault and ordered them to pay $183 million, which includes:
$10 million for the pain and suffering already experienced
$70 million for future pain and suffering
$1.7 million for the money the child won't be able to earn because of their condition
On top of this, the hospital must pay an extra $101 million for the child’s future medical care costs. This case emphasizes the critical importance of timely decision-making in medical procedures, particularly C-sections, and the severe consequences that can result from delays.
Legal considerations
Doctors must make quick decisions for a C-section to prevent severe, lifelong complications for the child. If they fail to do so, parents should seek the assistance of a medical malpractice attorney, as they may need to explore legal avenues to address the potential harm done to their child.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518242024-01-10T12:52:50Z2024-01-10T12:52:50ZDiscomforts you might expect after surgery
Because of the stress a surgical procedure places on the human body, experiencing postoperative pain is common. The level of discomfort may vary according to an individual’s pain tolerance and the type of surgery. Typical symptoms following an operation include throat pain, tenderness and swelling at the incision site, thirst, nausea, and muscle aches.
After surgery, you might also face minor complications. These are part of the risks your doctor should have informed you about before the procedure. However, if your complications were unforeseen consequences of surgery or resulted from the doctor acting carelessly, you may have a medical malpractice claim.
Recognizing unusual pain
Though postoperative discomfort is to be expected, your doctor should do what they can to help you manage your pain. After surgery, they will prescribe medication and monitor your condition. It also helps if you are honest about how you feel with your doctors and nurses. Without proper pain management, it may become difficult for you to participate in therapy or sleep comfortably, slowing down your recovery.
Should you experience persistent or worsening pain, seek medical attention immediately. This pain may indicate complications or that something went wrong during your operation.
Complications from the initial procedure may require you to undergo an unplanned second surgery. Infections at the incision site, significantly delayed recovery, and loss of function in some body parts could also indicate potential surgical error.
What to do when you suspect surgical errors
If your pain intensifies or refuses to go away, consider taking the following steps:
Document everything. Detail every aspect of your surgery and condition, including prescriptions and post-op care. Track your symptoms and note any changes in your health. Try to preserve test results, obtain copies of your surgical reports and take photos of your recovery process. Thorough documentation may help you later.
Seek a second opinion from a qualified medical professional. Their assessment may help clarify and validate your concerns.
Although surgery comes with risks, you should not have to suffer because of preventable mistakes. Paying close attention to your condition after surgery is one way to safeguard your health and facilitate recovery.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518182023-12-22T10:50:20Z2023-12-22T10:50:20ZPrescription errors harm one out of 30 patients worldwide, with over a quarter resulting in severe injuries or deaths. These medication mistakes vary depending on the liable persons or entities.
Identifying potentially liable parties
Healthcare providers have a duty of care to uphold, which includes giving correct prescriptions to their patients. Thus, anyone in the medication chain can be partly responsible.
Doctors and nurses who write the wrong medicine or dosage, and fail to consider how the prescription can react to the patient’s current condition or medical history
Pharmacists who misread a prescription or miss an important detail
Retail pharmacies that sell counterfeit or contaminated products
Pharmaceutical manufacturers or companies that fail to provide proper labels or warnings about a drug’s side effects
Hospitals that fail to provide adequate staff training for appropriate prescription handling, dispensing or administering
If the negligent actions of these healthcare providers directly lead to harm, injured parties or family members of the deceased can pursue a medical malpractice claim. The extent of damage due to a prescription error can vary per situation, but it can become life-threatening without urgent medical intervention.
Preventing prescription errors
Open and clear communication is crucial to avoid the flawed transfer of information. Further, advanced tools and systems can help improve the accuracy of prescriptions. But despite preventive measures, negligence can still occur. Thus, patients or families can consider speaking with a Pennsylvania legal team. Doing so can secure an advocate in their corner, who is sensitive to their needs and ready to fight for fair compensation to cover bills and other losses.]]>On Behalf of Marzella & Associateshttps://www.marzella-law.com/?p=518162023-12-15T21:16:03Z2023-12-15T21:16:03ZPatient distrust
Approximately 400,000 Americans in the hospital face preventable issues every year. When medical errors happen, trust breaks between patients and healthcare providers. Patients may find themselves questioning the competence of the professionals entrusted with their well-being. The once unwavering faith in the healthcare system is now harmed, leading to heightened fears.
Long-term physical struggles
Medical errors can lead to many long-term physical struggles for patients. Complications from errors may lead to chronic pain, poor mobility or other conditions that go on for years. These physical challenges create a constant reminder of the initial error, shaping the patient's daily life with limitations that were not part of their pre-error reality.
Emotional turmoil
Beyond the physical ramifications of medical errors, the emotional toll can cause harm. Patients and their families have to deal with feelings of betrayal, anger and anxiety. This often transforms into an undercurrent of emotional turmoil, leaving lasting scars that are not visible on the surface.
Financial fallout
Medical errors can create a domino effect on a patient's financial well-being. Unforeseen complications may result in longer hospital stays, additional treatments and the need for specialized care. The financial burden, often overlooked, extends beyond medical bills, impacting the individual's ability to work and support their family.
The consequences of medical errors may leave patients in a state of anxiety. Those in charge need to create a healthcare system that prioritizes patient safety and prevents the unraveling of trust that results from such errors.]]>