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Category: Patient Injury

Nursing Malpractice: Whom to Sue

Medical malpractice is, of course, not only limited to physicians who commit malpractice. Other medical practitioners may also be found liable for medical malpractice. Nurses, for example, are often responsible for much of the care patients receive in a hospital setting. Nurses sometimes move patients for treatment, they monitor vitals, draw blood and sometimes administer medication. All of these areas of patient treatment are fraught with possible neglect or wrongdoing.
 

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Nursing Home Physical Abuse

Nursing home abuse is, unfortunately, a fact of life for many of the nearly two million people over the age of 65 who currently reside in one of the more than 16,000 nursing homes in the United States (according to Centers for Disease Control and Prevention estimates).

If you or a loved one resides in a nursing home, it is vitally important that you understand the many ways in which one may be vulnerable to physical abuse in a nursing home setting. Of course, nursing home abuse can take many forms. Physical, sexual, emotional and financial abuses are found in nursing homes across the US every day. The focus of this post will be the forms of physical abuse residents may encounter in these settings and some of the warning signs that they may be occurring.

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Inpatient Falls and Ordinary Negligence

When a patient falls in a hospital setting, a medical malpractice claim is indeed a possible recourse. However, medical malpractice is not always applicable when a patient falls. Sometimes a personal injury claim based on ordinary negligence is the only course to follow.

Basically, the circumstance surrounding the incident are the determining factor. Like any other situation when someone slips or falls due to unsafe conditions, a patient who is injured in a hospital setting that is unsafe may be eligible for compensation resulting from a slip and fall personal injury claim.
 

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When Inpatient Falls May Constitute Medical Malpractice

Patients in a hospital or medical treatment setting can be at risk for injury while in that setting. Patient falls, for instance, are not uncommon. But when do those falls give rise to a personal injury claim? The answer is not a simple one. There are two types of personal injury claims that typically may arise from injuries acquired in a medical facility or hospital setting: medical malpractice and ordinary negligence.

This blog post will focus on identifying the parameters surrounding inpatient falls that constitute medical malpractice.

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Reasons for Common Surgical Errors Leading to Medical Malpractice

When a patient undergoes surgery, they put their trust in their surgeon(s) and medical team that they are prepared and skilled and that their competency levels are high enough to achieve success. However, it is a fact that surgical mistakes (read our blog post on common surgical errors) do happen, but when they do, it does not necessarily mean that the errors constitute medical malpractice.

Medical malpractice does not account for every instance when a surgery is unsuccessful or when medical treatment goes wrong in some way or another. Medical treatment in question should adhere to a medical standard of care that is uniformly accepted by the medical industry. And even when it doesn’t, medical malpractice does not come into play unless the treatment causes patient harm.

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