Jan/120
Medical Malpractice and the Injured Patient’s Rights
When people go to a physician, they are in many ways putting their lives into the hands of the medical professional. Most people have great faith that the doctor they are seeing will do everything possible to help in each particular case. They believe that their physicians will have had all the proper education needed to practice at the top of their field and that their care will be conflict free. This is sadly, often not the case. Many physicians cause great harm to their patients instead of helping them get better. This is usually due to acts of professional negligence or omission on the part of the doctor. When a severe injury of death occurs because of a medical professional’s negligence, the harmed party can sue on the grounds of medical malpractice to recovery any physical, mental or emotional injuries incurred.
The Steps of a Malpractice Case
In a malpractice suit, a number of people or establishments may be sued including:
o Doctors
o Nurses
o Dentists
o EMS workers
o Therapists
o Hospitals
o Clinics
o Managed care organizations
o Medical corporations
Once the parties thought to be responsible for the injury or death are indicated and a case is brought against them, a number of steps must be taken in order to prove that medical malpractice took place. The elements of a malpractice case include proving that:
o A duty was owed-A legal duty exists as soon as a hospital or health care provider decides to take on the treatment of a patient.
o A duty was breached-it must be proved that the health care provider failed to conform to the relevant standard of care. This may be proved through various expert testimonies or by any obvious errors that speak for themselves.
o The breach cause4 an injury-the breach of duty the happened must be a direct cause of the damages incurred by the patient.
o Damages-there must be proof that the patient suffered physical, mental or emotional damages. Medical records, medical bills or therapy bills must be presented as proof.
If malpractice is proven, the patient may receive compensatory or punitive damages. Compensatory damages include financial losses such as lost wages, medical expense and future care expenses, physical and physiological harm and pain and suffering. Punitive damages are only awarded upon proving wanton and reckless conduct on the part of the defendant.
Dec/110
Medical Malpractice Lawsuits
Medical malpractice litigations are more often than not termed trivial by the health care sector. The health care community is of the belief that such lawsuits are nothing but an undesirable means of obtaining large amounts of money in a very short period of time. However, the reality is that malpractice lawsuits are indispensable for sufferers of medical negligence.
These types of lawsuits are crucial in the sense that they go a long way in helping the victims of medical negligence seek redress for their grievances, and also makes their claim for payment for damages stronger.
Malpractice lawsuits are the preferred option to help patients receive the amount that they are entitled to as victims of medical negligence. Medical malpractice lawsuits also have provisions that can be referred to for holding medical professionals liable for their services that have inflicted harm on the concerned individual.
Medical malpractice lawsuits are significant because they provide the necessary support for keeping a watch on the healthcare system by concerned quarters. However, it is important to keep in mind that there is a definite principle related to the cut-off date during which medical malpractice cases can be filed.
Medical malpractice lawsuits are fundamentally aimed at putting in place a probable degree of attention for the place and kind of service where the supposed negligence occurred. Once the standard of attention is fixed, individuals initiating court proceedings regarding medical malpractice lawsuits must then furnish evidence that the norm was violated.
It should also be highlighted that the violation of established norms triggered an injury or caused irreparable damage to the sufferer, or led to his death. Once these points are proved an effective case has been established, wherein it can be claimed that the victim of medical malpractice can receive compensation in accordance with damages suffered by him.
Nov/110
Medical Negligence FAQs
What is medical negligence?
Medical negligence occurs when a medical provider fails to exercise the kind of care and prudence that other providers in the same field of medicine provide. Medical negligence can occur in the form of recklessness, inattentiveness, or an omission. Common types of malpractice include misdiagnosis, failure to provide proper treatment of a patient’s ailment, administration of the wrong medication, and the failure to inform the patient of the risks associated with a treatment or with information about alternative treatments. Tort law governs medical negligence. To establish that a provider’s negligence was malpractice, a claimant must establish the following:
1. The healthcare provider owed a duty to the plaintiff;
2. The healthcare provider breached the duty;
3. The healthcare provider’s breach caused the injury; and
4. The patient suffered damages because of the defendant’s negligence.
Sometimes it is apparent that a medical provider’s actions were the cause of a patient’s injury. When this happens, a claimant can use the doctrine of res ipsa loquitur to establish negligence. Res ipsa loquitur means “the thing that speaks for itself.” When the injury itself presents a reasonable basis for the inference that the medical provider breached the duty of care, a claimant may use this doctrine to establish fault. The claimant must prove the following to establish medical negligence using res ipsa loquitur:
1. The type of injury would not usually occur in the absence of negligence;
2. The instrumentality that caused the injury was in the sole control of the defendant; and
3. The plaintiff’s conduct did not produce or contribute to the injury.
What is the “standard of care” for medical providers?
The “standard of care” for a medical provider is based on the kind of care and knowledge that a healthcare provider in the same field would exercise. Every person owes a duty to act as a reasonable and prudent person would, but a higher duty exists for healthcare providers. Medical providers have a special skill, and consequently, the law requires that they possess the same kind of knowledge and skill that a person in the same profession would exercise.
A court will likely find that a provider failed to meet the standard of care when he or she was unable to exercise the same kind of care as others in the same profession. A general practitioner is expected to act as a general practitioner would in the same geographic area and a specialist must possess the skills that a member of the specialty normally would have. A court will use medical experts in a particular field or experts with expertise with a procedure to establish the standard of care in medical negligence cases.
Who is liable for medical negligence?
Any type of medical provider, such as a doctor, nurse, or technician, can be liable for medical negligence. In addition to a medical provider, a hospital is sometimes liable under the doctrine of vicarious liability. Most of the time, another person is not legally responsible for the actions of others. However, sometimes an employer is liable for an employee’s actions when the employee’s actions occur during the course of employment. This means that even if the employer did not directly cause the injury, liability may attach when the employee was performing a job function. Consequently, a hospital may be liable for the actions of the medical providers it employs. In some circumstances, a court will hold a hospital liable for the actions of a healthcare provider it does not employ if the hospital led the patient to believe that the hospital employed the provider. This may occur in a situation where the medical provider was a contractor.
What is informed consent?
A healthcare provider must provide a patient with information about risks, benefits, and alternatives to a medical procedure or a type of medical treatment. This is called “informed consent.” Informed consent is unnecessary in the following situations: in an emergency when the patient is unconscious or when a family member is unavailable to give consent. In these situations, a medical provider may perform a procedure without receiving consent from the patient or family members. The failure to give informed consent in other situations may amount to medical malpractice.
What kind of compensation is available for medical negligence?
Every state has regulations that determine the type of compensation a claimant may recover. Most states will allow a plaintiff to receive damages for past, present, and future medical treatment, lost wages, and pain and suffering. A court will determine noneconomic damages, such as pain and suffering, by evaluating the impact of the injury on the claimant’s life. The embarrassment caused by the injury, the permanency of the injury, and the emotional distress are factors that determine the damage award.
Can a third party recover compensation for medical negligence under the doctrine of “subrogation”?
An insurance company or another party that pays for an injured person’s medical treatment can recover compensation from the party responsible for the medical negligence. In effect, the third party inherits the rights of the injured claimant. Consequently, the third party can sue the healthcare provider and recover damages for the claimant’s injuries.
What is the statute of limitations for medical negligence?
A statute of limitations governs how long a claimant has to file a legal claim for injuries caused by a defendant. As with all legal claims, every state has a statute of limitations for medical negligence. In general, a claimant has one to seven years to bring a lawsuit. The statute of limitations will typically begin to run when the injury occurred or when the claimant learned of the medical malpractice.
Nov/110
Medical Billing Books and E-Books
Medical billing books are no longer available only at bookstores and by ordering from the internet. You can now download many medical billing books directly to your computer instantly. New technology has made it extremely easy to get medical billing information immediately by ordering with a credit card and downloading the book or “ebook” as it is now called directly to your computer. You can then save and store it or print it out.
Th ebook can provide a great solution to a problem when you need specific answers to questions immediately. If you are working in a new field such as the need to complete a UB04 form and all your experience is with CMS 1500 forms you may welcome the immediate download as you are not always willing to wait for the information. It is convenient to be able to look up the required information immediately rather than holding up the mailing of a claim form for a week waiting for the book to arrive.
The subject of medical billing books can range from books on medical billing and coding to books on how to start a medical billing business to specific instructions for medical claims billing. Books are now available for billing claims in many medical specialties.
Because both CPT codes and ICD9 codes change every year it is necessary to keep up with these changes. So new code books are introduced each year for both diagnosis codes and procedure codes.
In recent years there are many new books available on the beginning stages of starting a medical billing business and finding new clients and building the business. You can also find specific instructions for billing specialty medical fields such as mental health, chiropractic, physical therapy, optometry, etc. These books make it much easier for the beginning medical biller to learn new specialties quickly and less painfully than by trial and error.
As these new books become available it makes it easier for the person new to the field of medical billing to find the information they require. Whether you prefer your books in hard copy or to download them to your computer as an ebook you can find some great information on medical billing.
Oct/110
Medical Billing Supplies Companies Are Important to Medical Billing Businesses
Although the economic recession has imposed some trying circumstances for businesses everywhere, the health care industry and its related services continue to experience a great deal of growth. If you’re a small-time entrepreneur looking to start a business with limited capital, then perhaps you should get into medical billing. It is a low cost business that is very feasible.
All that is needed for you to be able to set up your own business is some appropriate training and access to professional billing supplies. The former can be had through field-experienced instructors, and bolstered by after-class support. The latter can be obtained through companies which specialize in the distribution of relevant supplies.
The primary responsibility of a billing business is guaranteeing that health care providers receive payment for their services through insurance claims and certifying that all claims made to insurance companies are legitimate. In practice, that means a medical business facilitates the interaction between both parties and ensures that neither party attempts to fool the other by fraudulently obtaining payments or fraudulently deny claims.
The resulting effect of the responsibilities of a business is that it lays the foundation of trust between patients/policy holders and insurance companies. This ensures that patients and policy holders claims are fairly represented, health care providers are paid and insurance companies are not defrauded. There are some doctors who have decided to handle medical claims all on their own, but this is not without risk. Unless they work for an organization that already has its own claims department, they risk hassle and inconvenience from claims sent back.
If reading all this makes you seriously interested in pursuing a business then you will need to find a company that specializes in medical supplies. Such a company will retail professional forms and envelopes specifically intended for billing claims, as well as medical billing programs and practice management software necessary for your medical billing business.
Running a business means recognizing the importance of having various medical billing supplies in constant supply. You can never fully anticipate what situations might arise in the filing of claim, so having various forms such as CMS-1450s, HCFA 1500s and UB-92s always available will be necessary.
Oct/110
Medical Malpractice
Doctors, dentists, hospitals, and other professional health care providers can and do make mistakes. If you or a loved one suffers an injury as a result of one of those mistakes, you may have a medical malpractice case.
Keep in mind that health care professionals such as physicians, dentists, technicians, nurses, hospitals or hospital staff, must always adhere to a professional standard of care. If your health care professional’s performance deviated from the standard of care, and those actions resulted in harm to you or a loved one, the health care professional may be liable for malpractice.
Thousands of individuals suffer and even die every year as a result of medical malpractice. A malpractice lawsuit claim can arise when the following circumstances apply:
o A medical specialist or doctor deviates from accepted standards of care in that field of medicine
o A doctor causes injury to the patient by failing to diagnose a disease such as cancer in a proper and timely manner, or by failing to treat a medical condition
o A hospital has inadequate sanitation, administers improper doses of medication, engages in negligent nursing care, or suffers equipment failure
o A government agency improperly operates a hospital or provides improper specified medical care
o A physician fails to obtain the informed consent of the patient before performing a procedure or operation
It is important for you to get the right advice if you have been a victim of medical malpractice. Most
attorneys work on a contingency basis for malpractice case so there is no reason not to seek proper help to understand your rights.