As a practitioner of medical malpractice law, we see clients on a regular basis who had to endure unthinkable hardships as a result of a botched surgery. You have likely heard of patients waking from a procedure with medical devices left in the body or, more tragically, the incorrect limb amputated. Along with these types of tragedies, we work closely with patents who have undergone lesser-known types of medical malpractice, and can help you if you believe you were misdiagnosed, mistreated or received unnecessary treatment.
Identical to a medical doctor, a dentist and his staff are required to adhere conduct their treatment of patients congruent with reasonably-accepted dental practice within the industry. In order to prove dental malpractice, a plaintiff must successfully prove that the dentist owed the patient a duty of care (which is generally easy to prove), he breached that duty, and the breach resulted in harm to the patient. One of the most difficult aspects of dental malpractice to prove involves the damages requirement. Basically speaking, the plaintiff must show that but for the dentist’s mistake, the plaintiff would not have endured the injuries he sustained. If the plaintiff’s injuries are the result of typical dental surgery or procedure and he would have suffered the same harm even without the malpractice, the cause of action will likely fail.
Psychiatry, as opposed to psychology, is a medical field requiring attendance at medical school and the passage of medical boards. The discipline studies and treats mental health disorders, including bipolar disorder, depression, schizophrenia and personality disorder. As with any other type of doctor-patient relationship, psychiatric patients are protected by the same level of care and any deviation from reasonable psychiatric treatment may be actionable in a malpractice claim.
In psychiatry, it is not uncommon for a patient to receive a cocktail of medications to take in order to curtail their mental health symptoms – particularly for patients suffering from severe, irreversible mental disease. Problems arise, however, when a psychiatrist over-medicates a patient or diagnoses a patient with conditions that are not actually present. Recent cases have arisen involving the unnecessary medication of dementia and Alzheimer’s patients for the sole purpose of keeping them quiet throughout the day, regardless of whether the patient needed the medication. Other types of psychiatric malpractice include unnecessary commitment, restraints, or threats of commitment if the patient refuses to comply with the treatment plan.
Believe it or not, pharmacists, their staff and pharmacy companies can face malpractice liability if their services do not meet the requisite standard of care. Most obviously, this can occur when a patient is given the wrong prescription, or the correct prescription in the incorrect dosage. Issues with dosage have occurred with regard to children’s medications whereby a pharmacist incorrectly labeled a certain medication resulting in the child receiving an adult-sized portion.
Contact a reputable medical malpractice attorney today
If you feel your medical, dental or pharmacological care was not up to par and would like to speak with an experienced malpractice attorney, contact Nelson C. Barry today.