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San Jose Medical Malpractice Blog


San Jose medical malpractice attorneyIt is no secret that medical malpractice cases can be challenging to investigate and successfully present at trial. Part of this difficulty is due to the fact that nearly every medical malpractice case requires the presentation of expert testimony from a doctor, nurse, or another professional with credentials similar to those of the professional who allegedly committed malpractice. In some rare cases, however, expert testimony is not needed, and it is important to know when such exceptions may apply. A qualified medical malpractice lawyer can help you understand the complexities of your case.

Why Are Experts Needed?

Medical malpractice cases are fairly unique in that they almost always require expert testimony to win. In a car accident case, for example, an expert witness may not be necessary to show that the defendant ran a red light if there are eyewitnesses who can testify to this fact. Similarly, if you are catastrophically injured at work and the available physical evidence clearly points to another person’s negligence as the cause of your injuries, the testimony of a reconstruction expert, engineer, or other experts may not be needed.

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San Jose medical malpractice attorneyAn estimated 251,000 patient deaths in the United States each year are linked to negligence by medical professionals or medical malpractice. That number—more than a quarter of a million—represents more lives than are claimed annually by car accidents, respiratory diseases, strokes, and even Alzheimer's. According to some estimates, medical errors are now the third leading cause of death in the United States.

To get a better understanding of how medical malpractice plays a significant role in these statistics, it is important to understand what medical malpractice is and how to recognize when it happens. This knowledge could potentially save your life or that of a loved one.

What Is Medical Malpractice?

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California medication error lawyersMedication errors have increased exponentially in the United States. In fact, the Food and Drug Administration (FDA) indicates a 462 percent increase over the course of just six years. Why is this happening, what are the possible implications, and what can you do if an error happens to you or someone you love? The following information explains.

A Closer Look at the Increase

The FDA states that the reason for the rise is related to the improved tracking of medication errors, but is this a realistic explanation? When one considers the rate of occurrences increased from 16,689 errors in 2010 to 93,930 errors in 2016, it seems unlikely that any one source could be responsible. Instead, there are likely many factors at play, including overloaded physicians and pharmacists, an increase in the number of Americans needing prescriptions (which also increases the sheer number of prescriptions filled by each pharmacist), and a lack of regulations in individual states. Georgia serves as an example. There, pharmacists are not restricted to filling a certain number of prescriptions per day, which could increase their overall risk of error.

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San Jose medical negligence lawyersMedical malpractice has come under scrutiny in recent years. In fact, numerous states have made efforts to reform medical malpractice laws. Most claim the goal is to reduce the overall cost of healthcare. However, estimates suggest that malpractice claims account for only about 2 to 2.5 percent of annual expenses in the healthcare industry. Now a new bill, the one that is supposed to improve the healthcare system, stands to reduce that amount even further. Learn more about how the new healthcare bill could impact your right to pursue compensation, and what it might mean for you or your loved ones.

New Bill Imposes Limits on Some Malpractice Suits

Individuals who are low-income, retired, or disabled typically receive health care coverage through Medicare or Medicaid. These groups of people, along with anyone covered under private healthcare insurance offered through the Affordable Care Act, will have limits on the amount they may be owed in medical malpractice compensation claims.

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b2ap3_thumbnail_San-Jose-surgery-error-attorneys.jpgStudies indicate that some 1,500 to 2,000 patients have a foreign item left in their body after surgery each year. Retained surgical items, or RSIs, are foreign objects that can include everything from surgical sponges to surgical instruments, such as clamps, suture needles, and forceps. Sponges are, by far, the most common, but all can create serious complications for patients. The following covers these complications and it explains what to do if a retained surgical item has impacted you or someone you love.

Symptoms and Complications of Retained Surgical Items

At first, symptoms of a retained surgical item may be tenuous, or perhaps easy to excuse as post-operative pain. Over time, though, the retained item can start to erode, adhere to internal organs, or lead to pus-filled ulcers. Sharp objects, such as scalpels and needles, can puncture internal organs and blood vessels, which can lead to unnoticed internal bleeding. Sadly, by the time the symptoms become severe, they are often serious or fatal.

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Corsiglia McMahon & Allard, L.L.P.

96 N. 3rd Street, Suite 620
San Jose, CA 95112

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