Category: Medical Malpractice

Family Files Wrongful Death Lawsuit Against GM

There are often few avenues for fair compensation in the wake of a serious tragedy such as a fatal car wreck, but a recent lawsuit in Dallas County is an excellent example of how manufacturers may be held liable for negligence when they produce and distribute unreasonably dangerous products. In a 2010 accident, the driver Shonnie Bryan was driving a 2003 Chevrolet Impala through an Zandt County and lost control of the vehicle, crashing into a culvert on the side of the road. Contrary to the reasonable expectations of safety all drivers have while operating their vehicles, the air bags in Bryan’s Impala failed to deploy, resulting in serious injuries which lead to Bryan’s death.

Levinson Axelrod, P.A.By naming General Motors as the defendant in their wrongful death lawsuit, the plaintiffs are alleging that the car company is guilty of negligence in the design, manufacturing, and marketing of the Chevrolet Impala in question, which is alleged to be a “defective and unreasonably dangerous” vehicle. As with any wrongful death suit, there are a vast range of damages which the plaintiffs may seek, ranging from court costs and interest to funeral expenses, loss of companionship, medical expenses, and emotional suffering.

The full extent of the lawsuit includes Rodney Bryan as a representative of the Estate of Shonnie Bryan, as well as Shaila Bryan, Harold Pitts, Sheila Pitts, Johnny Tamez, and Dennis Yates, and is filed against General Motors, Watson Chevrolet Buick Pontiac, Scott Watson Chevrolet Buick Pontiac, and Watson Truck & Supply Incorporated. Reese P. Andrews of Andrews & Andrews in Nacadoches will represent the plaintiffs as their wrongful death attorney, and work to demonstrate the liability of the automaker and distributors.

The lawsuit was filed on November 21st in an Zandt County District Court before being removed to the Easter District of Texas, Tyler Division on January 7th by the defendant, allowing for the proceedings to begin in earnest as the family of Bryan hopes to recover full compensation for their losses and the death of Shonnie.

Beware Of Wrongful Diagnosis

In medical settings, all doctors and medical care providers are expected to give their patients a level of care that meets certain minimum standards of competence. Failure to meet these standards may expose them to liability for injuries or illnesses which occur as a Wrongful Diagnosis Schemataresult of their inadequate care. Wrongful diagnosis is one way in which a doctor’s failure to meet the standards expected of their profession can result in their being held liable for medical malpractice.

Wrongful diagnosis can be extremely damaging to a patient, especially if the patient has a serious medical condition that requires swift, aggressive treatment in order to be dealt with successfully. When a doctor incorrectly diagnoses a patient with such a condition, they may leave them unable to recover from the effects of their illness. For this reason, the patient and their family may be entitled to seek financial compensation for the damages caused.

However, not all wrongful diagnoses are grounds for a medical malpractice lawsuit. In fact, most wrongful diagnoses are in line with the standards expected of a medical care provider, as many illnesses have symptoms which are fairly general, making diagnosis considerably more difficult. Generally speaking, in order for a patient to have a case for medical malpractice as a result of wrongful diagnosis, they must be able to show one of two things:

  • ŸEither the physician failed to include the patient’s condition in the list of ailments with which they might diagnose them (but a reasonably competent doctor would have)
  • ŸOr the physician did include the condition in the list of possible diagnoses but failed to conduct appropriate tests or otherwise act to investigate the possibility

In order to demonstrate that either of these factors led to the misdiagnosis, the representation of an experienced medical malpractice lawyer is often necessary in order for the patient to successfully seek the compensation they need.

Common Surgical Errors

When a patient undergoes a surgical procedure, there is always a danger that something unexpected will go wrong, potentially endangering their health or even life. However, most Surgerypatients tend to assume that this type of risk is unavoidable. While some complications that arise during surgery are simply unfortunate turns of fate, the fact is that many surgical errors are preventable, and occur only as a result of mistakes or errors on the part of the operating physician or their assistants.

There are a wide range of different surgical errors which a patient may suffer, many of which can have devastating consequences which may impact the patient for the rest of their life. The following are some of the most common surgical errors in the United States:

  • Ÿ  Wrong site surgery
  • Ÿ  Incorrect surgical procedure performed
  • Ÿ  Wrong patient surgery
  • Ÿ  Foreign objects left in body cavity
  • Ÿ  Anesthesia errors

These and other surgical errors can pose significant challenges to a patient’s ongoing health and well-being. For this reason, many medical malpractice lawyers suggest that patients about to undergo surgery keep track of their health condition at every stage of the pre- and post-operative process, ensuring that if they are injured, they are able to hold those responsible for their damage accountable for their actions.

What is Medical Malpractice?

Many people have heard the term “medical malpractice,” but they are unsure what this term really means. In general, medical malpractice refers to an incident in which any Medicine Artmedical practitioner has been reckless or negligent in his or her duties, and a patient was subsequently injured or made ill through that recklessness or negligence. A medical practitioner might be a doctor, surgeon, nurse, pharmacist, or other practitioner, and anyone could be a victim.

Unfortunately, many people are wrongly injured through medical malpractice. The injuries that result from such incidents are widely varied, but they can all be very expensive, depending on the severity and the person involved. Some victims have to seek even more medical treatment because of the side effects of medical malpractice, and this extra treatment can be very expensive. Depending on a particular individual’s circumstances, however, sometimes financial compensation is available to help make these costs more manageable.

Types of Medical Malpractice

There are many different types of medical malpractice, each one with its own seriousness and potential side effects. Some examples include:

  • Misdiagnosis
  • Surgical errors
  • Emergency room errors
  • Lack of informed consent
  • Birth injuries
  • Delayed diagnosis
  • Hospital negligence
  • Improper treatment
  • Wrongful death

All of these kinds of medical malpractice can, of course, result in serious damage to an innocent victim. If that victim has to seek further medical attention or treatment, he or she might be facing medical bills that are out of his or her financial range. While this situation can be frightening, of course, it is important to know that many victims of medical malpractice are able to claim compensation for their injuries.

If you or a loved one has suffered wrongly at the hands of an irresponsible or negligent medical practitioner, you might actually qualify for financial compensation. In a lot of cases, it’s wise to seek the advice of an experienced medical malpractice lawyer today to discuss how you can pursue such compensation through the justice system. Just our two cents..

Informed Consent

In order for a patient to be able to make appropriate decisions about whether or not they will undergo a proposed form of treatment, it is clearly necessary that they be aware of certain information relating to the treatment. Therefore, all doctors and other medical professionals are required under the law to provide their patient with the details of any proposed course of treatment, including issues such as alternative treatment options, potential complications and the likelihood that they may occur, the recovery process, and any other factors which may have relevance for the patient’s decision-making process. This is known as informed consent.

Unfortunately, not all medical professionals adequately communicate this information to their patients. In some cases, this can lead to patients suffering serious injuries or medical complications as a result of their lack of information regarding the treatment. In these situations, medical professionals can be held financially liable for the costs of these injuries with the help of medical malpractice lawyers.