Serious Medical Errors Show the Importance of Medical Malpractice Lawsuits
Oct 14, 2011
Little Rock, AR (Law Firm Newswire) October 13, 2011 – Calling a lawyer every time something goes bad with a doctor is not advisable. But for serious medical malpractice concerns, people have a right to correct medical wrongdoing.
“We’ve all heard about tort reform, and how it is supposed to stop the proliferation of frivolous lawsuits,” remarked Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “Speaking from personal experience, lawyers do not take frivolous lawsuits to court. If they have a case that is so egregious and needs to be heard, they take it forward. Medical malpractice is a serious issue and its victims deserve a voice on their behalf. All tort reform really accomplishes is capping economic damages and punishing someone who had their life turned upside down.”
The media is full of examples of medical malpractice cases that make people cringe when they read about them. “Think of it this way – those cases were the result of someone putting all of their trust in the doctor and coming out of it with serious injuries or dead,” said Smith. “That’s the ultimate insult – the ultimate breach of trust that can happen to anyone.”
Consider the case of Jane Doe, in the hospital for a hysterectomy. The cancer she was suffering from was fueled by estrogen and the doctors said removing her uterus and ovaries would help. When she was in the recovery room and coming off of anesthesia, she was sore, but that was something to be expected. What she did not expect was the fingerprint bruises at the juncture of her legs and the semen pooled under her bottom. The anesthesiologist had raped her while she was under.
Another medical malpractice case involved John Doe, who had been ill for several weeks with severe diarrhea. On admission to the hospital for severe dehydration he was hooked up to an IV. Several days later, he was still hooked up to the same IV bag and needle, which later turned out to not have been properly sterilized prior to use. John Doe subsequently suffered from a brain infection that rendered him blind. These life-altering injuries caused major lifestyle changes.
Or consider this instance of a woman going to her doctor about a sore on her leg, thinking it was an infection that just would not go away. She left the office after being diagnosed as having necrotizing fasciitis and went directly to the hospital for surgery. After the surgery was complete, she mentioned to the operating room nurse that she was glad her right leg had been amputated to save her life. The surgeon has amputated her left leg, necessitating a second emergency surgery to take the right leg. While her life may have been saved just what kind of a life would that be with no legs?
And then there is the case of the man who went into hospital to have a circumcision and woke up to find most of his penis had been amputated – something that had been done without his knowledge or consent. “There are more than enough cases out there to illustrate that medical malpractice cases are hardly frivolous and worth pursuing,” said Smith. “Who else will speak for the victims? Unfortunately, in some states with a medical malpractice cap victims are finding they have been hurt twice – once by the doctor and once by the justice system that penalizes them for being victims.”
“Get a lawyer when you think you have a medical malpractice case on your hands? Most definitely,” said Smith. “It’s your life, your future, your injury and your right to pursue justice for medical malpractice. Someone has to be held accountable for errors they make on people who trusted them with their lives.”
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