The Risks of Unnecessary C-Sections

Apr 10

The World Health Organization (WHO) recently pointed out that there has been a huge increase in the rate of Caesarean sections over the last few decades. According to the report dated April 2015, the ideal rate for C-section operations in both developed and developing countries is at 10 to 15 percent. However, the rate of C-sections performed in the United States almost doubles this number. At present, the rate of births via C-sections in the U.S. is at 33 percent. According to a separate set of data from the Centers for Disease Control and Prevention (CDC), that translates to roughly around 1.3 million Caesarean section deliveries.

In their report, WHO emphasizes that these growing numbers is a cause for concern. The huge discrepancy between current C-section rates and the prescribed ideal rate show that millions of unnecessary C-sections are performed all over the world. While C-sections can be extremely beneficial when medically justified, unnecessary surgical births can cause more harm than good. As pointed out in the WHO report, the operation can lead to “significant and sometimes permanent complications, disability or death particularly in settings that lack the facilities and/or capacity to properly conduct safe surgery and treat surgical complications.” It’s crucial that medical professionals prevent such outcomes by resorting to C-sections only when the safety of both mother and baby are threatened by particular complications. One such complications is placenta previa—a condition where the placenta is obstructing the opening of the uterus, preventing the baby to be delivered naturally through the birth canal.

According to the website of the Ausband & Dumont Law Firm, physicians who endanger mothers and babies through a unnecessary C-sections can be held accountable for the carelessness of decisions. This is because doctors are continually held according to high standards accorded by their profession. By pursuing an unnecessary surgical procedure, they could end up causing unintended outcomes. This is particularly true when such redundant procedures lead to birth injuries or even wrongful death. In these scenarios, the aggrieved patient can decide to pursue just compensation through a medical malpractice suit.

If you are dealing with a similar problem caused by an unnecessary C-section, it’s best to consult with experienced legal counsel in your area.

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Medical Malpractice Cases and Settlements

Oct 17

Medical malpractice claims in the state of Oklahoma proceed the same way as personal injury claims do, although there are certain difference such as the statute of limitations. If the medical malpractice claim is directed towards a health care provider, then you have to file the claim within two years after the date of the injury. If the victim is a minor under the age of 12, the parent or guardian will have legal right to file for the medical malpractice claim; and if the victim is a minor but over the age of 12 years old, they have a year after they have turned 18 to file for a medical malpractice lawsuit but are prohibited to file a suit less than two years after the date of the accident.

Just as with many states, there is a cap on the amount of compensation given on a medical malpractice claim. Those who file for medical malpractice claims can be awarded both economic damages and non-economic damages. Economic damages refer to payments that would cover for tangible expenses (past and future medical expenses, lost income and lost earning ability, and other damages directly caused by the medical malpractice), while non-economic damages are “subjective” and would pay for pain and suffering, mental and emotional trauma, and loss of quality of life. An Oklahoma personal injury lawyer can help you put a dollar amount on non-economic damages, but every case is different. It is important to evaluate the extent of the injuries first before agreeing on a non-economic damages award.

As stated in the Oklahoma Statutes 23-61.2, non economic damages are the only ones that have caps on them. The maximum amount that a plaintiff can receive for non-economic damages in the state of Oklahoma is $350,000. The amount can only exceed the cap only in the event of a wrongful death claim following a medical malpractice with the court having convincing and clear evidence of actions of gross negligence, fraudulent intent, reckless disregard of the rights of others, or intent or malice to cause harm. The cap for non-economic damages does not affect the economic damages.

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Consequences of Hospital Negligence

Mar 03

Once an individual is taken under hospital care, he/she should be assured of quality care through correct and timely medical procedures, and accurate diagnosis. People should know, however, that not all hospitals are the same when it comes to provision of quality service – some hospitals simply perform better than many others.

According to the Chris Mayo law firm, a serious illness is one type of disability that requires timely and correct treatment. Problem is, many of those who are seriously ill suffer additional damaging health conditions due to medical mistakes: products of negligence or carelessness by medical professionals and other health care providers. This can seriously worsen a patient’s condition and even lead to long term or permanent disabilities.

According to the website of Crowe & Mulvey, LLP, serious medical complications can occur when hospitals fail to observe the necessary procedures when providing patient care and treatment. If you are experiencing a case of hospital negligence, it is best to seek the legal advice of a Massachusetts medical malpractice or personal injury lawyer.

In emergency departments alone, thousands of medical errors, which lead to serious harm or even patient death, are reported annually. Like other cases of medical mistakes, errors committed in emergency departments are usually due to overworked doctors and/or nurses, who are often required to render extra hours of duty, poor communication or lack of collaboration between nurses and physicians, giving patients the wrong medicine, injecting into patients the wrong solution, poor recordkeeping, accidentally hitting a patient with a medical equipment or tool, failure to properly sterilize medical tools, and so forth.

Hospital negligence and medical mistakes do not only lead to additional health damages in patients; these also result to added costly medical treatment and, often, prolonged disability that will keep the patient unable to work, resulting to loss of wages. These effects, of course, legally oblige the hospital to compensate the patient for whatever additional present and future suffering he/she is/will be subjected to.

Since sickness is a natural occurrence in life, it would be good if you would know which hospitals around your area are recognized for their quality care, so that, in the event of an emergency, you will know where to go or where to take your loved one.

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