Medical Malpractice, Wrong Site Surgery and the Universal Protocol

HomeLaw ArticlesMedical Malpractice, Wrong Site Surgery and the Universal Protocol

Cases of surgeons operating on the wrong leg, or removing a healthy kidney instead of the diseased one, or even performing the wrong operation on a patient are unfortunately all too common. Medical malpractice lawsuits, filed against surgeons and medical care professions by personal injury attorneys who specialize in these types of cases are also, unfortunately, all too common.

The unacceptable and continuing occurrence of such wrong site surgeries and resulting medical malpractice lawsuits was the genesis of the "Universal Protocol." This Protocol, geared toward preventing wrong site surgeries, was developed at a national summit of the Joint Commission, the American Medical Association, the American College of Physicians, and the American College of Surgery.

The Joint Commission approved the Universal Protocol for Preventing Wrong Site, Wrong Procedure and Wrong Person Surgery™ in July 2003. It went into effect the next year on July 1, 2004 and applied to all accredited hospitals, ambulatory care and office-based surgery facilities.

The Universal Protocol was later revised in 2010. The revisions were made in response to organizations that requested some flexibility within the Protocol, according to the diversity of their facilities.

There are three steps of the Universal Protocol. They are: pre-procedure verification, site marking, and a time out. Highlights of the Universal Protocol are as follows:

The Pre-Procedure Verification Tasks

Check for missing patient information or discrepancies in informationVerify the correct procedure, for the correct patient, at the correct siteInvolve the patient in the verification process, when possibleIdentify items needed for the surgery such as properly displayed and labeled diagnostic and radiology test results, pathology reports, biopsy reports, blood products, implants, devices, etc.

Marking the Procedure Site

Mark the site when there is more than one possible location for the procedure and if performing the procedure in a different location could injure the patientIf possible, involve the patient in the site marking processThe mark must be sufficiently permanent to be visible after skin preparation and draping.

Performing the Time Out

The procedure is not started until all questions or concerns are resolvedThe time-out is conducted immediately before starting the surgeryThe time-out involves the individual performing the procedure, anesthesia providers, circulating nurse, operating room technician, and other active participants who will be participating in the procedure from the beginningDuring the time-out, the team members agree, on the correct patient identity, correct site, and which procedure is to be doneWhen the same patient has two or more procedures and the person performing the procedure changes, another time-out needs to be performed before starting each procedure.

Patient (as well as professional) awareness of the Universal Protocol can help reduce the incidence of wrong site surgery and their accompanying medical malpractice lawsuits. A victim of wrong site surgery has the legal right to contact a medical malpractice attorney and to seek compensation for medical expenses, lost wages and suffering.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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David Drexler has published 65 articles. Article submitted on November 13, 2013. Word count: 540

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Legal Malpractice Hire a Trial Attorney

A less-than-optimal outcome to litigation - for example, when a personal injury lawsuit results in a judgment that inadequately funds long-term healthcare expenses and lost income - is sometimes the result of legal malpractice. In such cases, another personal injury attorneys that specializes in these types of cases can sue the attorneys. (Such attorneys are also referred to as "legalmalpractice attorneys".

Legal malpractice occurs when the personal injury attorney is either negligent, acting out of self-interest or commits a breach of contract, all to the disadvantage of his or her client.

But there might be recourse for sub par, errant legal services. In such a case, the client is advised to carefully select a legal malpractice attorney with trial experience to sue the original attorney. Why? There are several reasons:

Trial within a trial - To prove mistakes were made in your original legal representation, the legalmalpractice attorney has to show that errors were made in the original trial. This then means revisiting key portions of that trial. It is a level of complexity that only a legal malpractice lawyer with trial experience can manage.Attorney vs. attorney - Regardless of whether or not the original personal injury lawyer took the case to trial, you are facing another trial attorney as your opposition (likely, the original attorneys will be represented by another attorney). You need to approach this litigation symmetrically, with a trial lawyer who is not intimidated by the challenge of litigating against a colleague.One chance only - When you pursue a legal malpractice case, by law that is your only opportunity to rectify poor representation by a trial lawyer.

In summary, a qualified legal malpractice attorney with trial experience will possess the courtroom skills necessary to see such cases through to the best possible outcome.

When to contact a legal malpractice lawyer

You should contact a legal malpractice attorneys before you agree to a settlement. If you settle your claim, you may be barred from suing your attorney. You should then resist any pressure your first lawyer places on you to accept the agreement. Be sure to verbally refuse to sign the settlement.

If you believe that your attorney has committed legal malpractice, you need to contact a personal injury attorney with trial experience to learn about your options and the viability of your legal malpractice case.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorneys to obtain information as to the rules and the laws pertaining to any claim you might have.

Rate this Article

Legal Malpractice Hire a Trial AttorneyNot Rated Yet

David Drexler has published 65 articles. Article submitted on November 13, 2013. Word count: 452

We all know that California being the biggest State in US has a huge number of attorneys. Finding the right one out of this huge number may not be cakewalk. Best Personal injury attorneys in Los Angeles are as hard to find as easy it is to come across an ordinary attorney in this affluent city.

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When it comes to accidents and injuries within Houston, Texas, a Houston personal injury lawyer should be hired for an effective settlement of the claims and the compensation for the victims of accident.

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It isn't unusual for personal injury attorneys who represent sexual harassment victims in their area of practice to have almost no trial experience, but with records of settling cases in order to save them time, effort and to earn easy money.

Written by: David Drexler

Legal Malpractice Hire a Trial Attorney

A less-than-optimal outcome to litigation - for example, when a personal injury lawsuit results in a judgment that inadequately funds long-term healthcare expenses and lost income - is sometimes the result of legal malpractice. In such cases, another personal injury attorneys that specializes in these types of cases can sue the attorneys. (Such attorneys are also referred to as "legalmalpractice attorneys".

Legal malpractice occurs when the personal injury attorney is either negligent, acting out of self-interest or commits a breach of contract, all to the disadvantage of his or her client.

But there might be recourse for sub par, errant legal services. In such a case, the client is advised to carefully select a legal malpractice attorney with trial experience to sue the original attorney. Why? There are several reasons:

Trial within a trial - To prove mistakes were made in your original legal representation, the legalmalpractice attorney has to show that errors were made in the original trial. This then means revisiting key portions of that trial. It is a level of complexity that only a legal malpractice lawyer with trial experience can manage.Attorney vs. attorney - Regardless of whether or not the original personal injury lawyer took the case to trial, you are facing another trial attorney as your opposition (likely, the original attorneys will be represented by another attorney). You need to approach this litigation symmetrically, with a trial lawyer who is not intimidated by the challenge of litigating against a colleague.One chance only - When you pursue a legal malpractice case, by law that is your only opportunity to rectify poor representation by a trial lawyer.

In summary, a qualified legal malpractice attorney with trial experience will possess the courtroom skills necessary to see such cases through to the best possible outcome.

When to contact a legal malpractice lawyer

You should contact a legal malpractice attorneys before you agree to a settlement. If you settle your claim, you may be barred from suing your attorney. You should then resist any pressure your first lawyer places on you to accept the agreement. Be sure to verbally refuse to sign the settlement.

If you believe that your attorney has committed legal malpractice, you need to contact a personal injury attorney with trial experience to learn about your options and the viability of your legal malpractice case.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorneys to obtain information as to the rules and the laws pertaining to any claim you might have.

Rate this Article

Legal Malpractice Hire a Trial AttorneyNot Rated Yet

David Drexler has published 61 articles. Article submitted on November 13, 2013. Word count: 452

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Have you had a personal injury with the fault lying on another individual or company? Contact an Oakland personal injury lawyer immediately to find the best solution for all financial, physical and mental problems.

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Medical Malpractice, Wrong Site Surgery and the Universal Protocol

HomeLaw ArticlesMedical Malpractice, Wrong Site Surgery and the Universal Protocol

Cases of surgeons operating on the wrong leg, or removing a healthy kidney instead of the diseased one, or even performing the wrong operation on a patient are unfortunately all too common. Medical malpractice lawsuits, filed against surgeons and medical care professions by personal injury attorneys who specialize in these types of cases are also, unfortunately, all too common.

The unacceptable and continuing occurrence of such wrong site surgeries and resulting medical malpractice lawsuits was the genesis of the "Universal Protocol." This Protocol, geared toward preventing wrong site surgeries, was developed at a national summit of the Joint Commission, the American Medical Association, the American College of Physicians, and the American College of Surgery.

The Joint Commission approved the Universal Protocol for Preventing Wrong Site, Wrong Procedure and Wrong Person Surgery™ in July 2003. It went into effect the next year on July 1, 2004 and applied to all accredited hospitals, ambulatory care and office-based surgery facilities.

The Universal Protocol was later revised in 2010. The revisions were made in response to organizations that requested some flexibility within the Protocol, according to the diversity of their facilities.

There are three steps of the Universal Protocol. They are: pre-procedure verification, site marking, and a time out. Highlights of the Universal Protocol are as follows:

The Pre-Procedure Verification Tasks

Check for missing patient information or discrepancies in informationVerify the correct procedure, for the correct patient, at the correct siteInvolve the patient in the verification process, when possibleIdentify items needed for the surgery such as properly displayed and labeled diagnostic and radiology test results, pathology reports, biopsy reports, blood products, implants, devices, etc.

Marking the Procedure Site

Mark the site when there is more than one possible location for the procedure and if performing the procedure in a different location could injure the patientIf possible, involve the patient in the site marking processThe mark must be sufficiently permanent to be visible after skin preparation and draping.

Performing the Time Out

The procedure is not started until all questions or concerns are resolvedThe time-out is conducted immediately before starting the surgeryThe time-out involves the individual performing the procedure, anesthesia providers, circulating nurse, operating room technician, and other active participants who will be participating in the procedure from the beginningDuring the time-out, the team members agree, on the correct patient identity, correct site, and which procedure is to be doneWhen the same patient has two or more procedures and the person performing the procedure changes, another time-out needs to be performed before starting each procedure.

Patient (as well as professional) awareness of the Universal Protocol can help reduce the incidence of wrong site surgery and their accompanying medical malpractice lawsuits. A victim of wrong site surgery has the legal right to contact a medical malpractice attorney and to seek compensation for medical expenses, lost wages and suffering.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Rate this Article

Medical Malpractice, Wrong Site Surgery and the Universal ProtocolNot Rated Yet

David Drexler has published 63 articles. Article submitted on November 13, 2013. Word count: 540

During a recent conversation with a client he said he thought the UK law was an ass. I pointed out it was not UK law that was an ass but legal advice misconceptions. Some of which are just a nuisance whereas others will be seriously detrimental to life and wealth being...

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Written by: Pharyth Brown

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Why Mediation is an Excellent Option for Medical Malpractice Issues?

It's easy to understand the stress and agony of being involved in a medical malpractice issues. Whether it's the doctor involved in the case or the patient who 'suffered' from the malpractice, both parties understandably need a quick, convenient and fair way out of the entire mess. Going to court is definitely not the easiest way to settle the issue though sometimes it might be necessary. Nonetheless before you decide to file a lawsuit to the courts, you should consider settling the issue through mediation.

Mediation is a simple and effective way to settle a case outside the court. It is an attempt to keep a case out of the litigation process to save both parties of their money, time and energy. The mediation process involves both parties selecting a neutral third party as the mediator.

In some states where mediation is among the accepted legal options to resolve a dispute, the process is used only in few cases. One of the reasons for this is that many people are not well informed about how mediation can be an effective alternate dispute resolution (ADR) process for settling a medical malpractice issue. Naturally, lawyers would prefer that their clients litigate their dispute because it matches their aggressive nature. Nonetheless, mediation is an extremely efficient, convenient and cost-effective way to settle the malpractice dispute.

A medical malpractice mediation usually begins with a meeting involving the patient, healthcare provider, their attorneys and/or legal representatives, and a neutral third party as the mediator. Facilitated by the mediator, the concerned parties will all sit down and discuss the malpractice issue in order to form an agreeable settlement or compensation. Any decision made will be binding only if both parties signs up on it. Due to the absence of formal rules that are adhered in the courts, mediations are usually wrapped up within a couple days or weeks. All discussions that take place in the meeting are strictly confidential; they cannot even be admitted in a court of law. If parties are unable to conclude with an acceptable solution, either one of them can abandon the mediation process to pursue the case in court.

A good attorney will always recommend mediation to the client. In any case, mediation is a win-win situation for everyone involved as it promises quicker results with less hassle. Litigating a medical malpractice in court can last numerous months, even years, with hundreds of billable hours. This is in stark contrast to mediation where people can come to a fair settlement in a matter of days or weeks with minimal money and hassle involved.

Take advantage of what mediation can bring in resolving a medical malpractice dispute. If you want the help of a seasoned mediator, contact M. David Halpern 814-940-1565 and talk to him about your concerns. David practices mediation and arbitration of personal injury and medical malpractice issues, both privately and for the court systems. Visit http://www.halpernmediation.com/ for more information.

Malpractice By A Therapist Or Psychiatrist

When seeking help from a therapist or psychiatrist, you are putting your trust in that person's ability to assist you. Developing a relationship with a professional of this type is founded completely on trust, but unfortunately, there are individuals who breach this trust, leading to malpractice suits. If you or someone you know has been the victim of malpractice by a therapist or psychiatrist, you need to retain the services of an experienced lawyer.

Therapists and psychiatrists go through many years of education and training to receive their credentials. Part of this credentialing process and responsibility is the commitment to maintaining a high level of professionalism with any and all patients they counter. Both of these types of professionals are required to remain objective, but if a caregiver has breached these ethical obligations, you as a patient may have the grounds for a medical malpractice lawsuit.

Any situation that involves divulging private information can place patients in a vulnerable position. More often than not, perhaps the initial meetings with the therapist or psychiatrist appear perfectly normal, giving the patient a sense of comfort to reveal private or other sensitive information to this individual. Sadly, many patients who are victims of medical malpractice require protection and understanding from an attorney. Medical malpractice cases can be complex and challenging, which is why it's so important to retain counsel.

There are additional reasons why this population is in need of protection. Some insurance policies exclude coverage for sexual contact with a patient, leaving the therapist or physician on the line for the damages they have caused you. Malpractice suits do not revolve entirely around sex, however, as these professionals are responsible for retaining certain boundaries in several ways. If a caretaker violates these boundaries, however, the patient will find it challenging to trust other therapists in the future.

As is illustrated above, medical malpractice cases often have multiple components. As a result, they should be handled only by a legal team experienced in malpractice cases involving a therapist or psychiatrist. Your legal representative should offer you a welcoming and professional atmosphere where you can share your concerns about your therapist or psychiatrist. Your legal team should also have demonstrated case experience in managing these types of claims, including an in-depth understanding of how to approach medical malpractice cases that are connected to a therapist or psychiatrist. No one deserves to be a victim of this kind of malpractice.

If you're in South Carolina and you need assistance with legal matters involving personal injury, workers' compensation, auto accidents, medical malpractice lawsuits or general civil litigation, contact Angus Lawton at 843-881-9901 for a free consultation. You can also browse through our website, http://www.lawtonlawfirm.net/ and familiarize yourself with our attorneys, legal resources and practice areas. Rate this Article

Malpractice By A Therapist Or PsychiatristNot Rated Yet

Angus Lawton has published 4 articles. Article submitted on October 17, 2013. Word count: 402

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How to Find a Reputed Medical Malpractice Law Firm?

A case of medical malpractice (also commonly referred to as medical negligence) can be defined as professional negligence either by act or omission by a provider of health care. Medical malpractices usually occur when the treatment provided falls well below accepted standards of practice among the medical fraternity. Most cases involve medical errors that can be pretty tragic. Statistics shows that more than 500,000 people in the world are killed by medical malpractices.

Firstly, when choosing a malpractice law firm, you should find out if the lawyers at these firms consider contingent fees. Contingent fees are quite simple to understand. If a lawyer attached to a particular law firm wins the case for you then feels will be claimed by him for services rendered (a percentage also goes to the firm). However, if you end up losing the case, these firms do not charge at all. This is an important factor to keep in mind when choosing a medical malpractice law firm.

Secondly, you should consult with quite a few lawyers that are attached to the firm (and specializing in medical malpractice litigations) in determining if they have the requisite experience in handling a case close to the nature of your case. Sometimes, the firms leading lawyers may give you some good advice, so pay close attention to what they have to say. You can also opt to settle the case out of court; ensure that the law firm you are hiring is fine with that arrangement. There may be instances when certain medical malpractice law firms may not be fine with the arrangement as it could cost them monetarily.

Thirdly, check with the law firm that you consider hiring if they specialize in medical malpractice cases. Sometimes, handling medical malpractice cases may not be a firm's niche, and therefore they may not be able to represent you adequately. Certain firms may not rank malpractices high on their list, in such cases; you need to have a back-up plan. In that case, you should keep other options open, because ultimately. A law firm and its lawyers may not possess the necessary knowledge to follow through with your case. However, if they are obliging, they may recommend you to a firm that can handle malpractice cases. Take their advice and keep your options open, you could benefit from such sound advice.

There may be instances when certain medical malpractice law firms may not be fine with the arrangement as it could cost them monetarily. Rate this Article

How to Find a Reputed Medical Malpractice Law Firm?Not Rated Yet

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