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Clinical Negligence and the Law

Thursday, March 26, 2009
To establish that medical treatment was negligent, you have to prove the
clinical practitioner was negligent. The operative phrase you will see
used here is "on the balance of probabilities", which means showing that
the standard of care was below what was reasonably expected. Valid defence
often hinges on whether a treatment was in accord with the responsible
body of medical opinion concerning usual and customary for the diagnosis.
Even assuming you get beyond showing the standard of care was negligent,
the solicitor must prove that negligence actually cause the injury.
Building a case in regard to this is often difficult. The opposition will
claim that the injury arose from the illness and not the treatment but it is just like an accident claim and specialists are generally called in to argue for both sides.

The first action your solicitor will do in building your case, after
taking down your information, is to obtain your medical records and check
them. They will refer to their medical experts, often specialists in the
area, to analyze the information and determine if negligent treatment did
occur. If it did, specifics are identified and the damage the negligence
caused is determined. At that point, the solicitor will advise you on
whether you have a case, and if so, will start court proceedings.

Once court proceedings are started, many clinical negligence cases can be negotiated out of court. However, should need arise, they can at that
point proceed to full trial. In every step of the process, the law offers
recourse providing the solicitors can properly build and execute their
case.

Cases of negligence can occur in many areas. Some of the most prevalent
are: Cancer misdiagnosis claims, Cosmetic and plastic surgery compensation
claims, Drug claims (prescription, administration and dispensing), Brain
injury compensation claims, Birth injury compensation claims, Spinal
nerve injury claims, Claims covering rights to treatment, Pediatric Care
Claim, Orthopedic Claims, Hospital Infections, Eye Care Claims, and Dental
Negligence. This list is nowhere near comprehensive, but will give you an
idea of what areas are covered in this field. Your solicitor should have
experience in handling the type of claim you want to file, and be able to
advice you on whether you have a case. Once that is established, most can
be settled through negotiation.

Why Antibiotics Are NOT the Answer

Thursday, March 19, 2009
he cold and flu season keeps getting longer, because people keep getting sick.

According to the Centers for Disease Control, 30.7 million Americans get sinus infections every year - roughly 14 percent of the population - and it accounts for nearly 13 million doctor's visits and 1.4 million trips to the emergency room.

"It's not uncommon to get a sinus infection in January, treat it with antibiotics, get another one in March, treat it with antibiotics, and then get another one in May," said Dr. Murray Grossan, author of Free Yourself from Sinus and Allergy Problems - Permanently from Hydro Med, Inc. (www.drgrossan.com), and an expert in sinus infections. "The problem isn't our resistance to the new strains, but rather not getting the nasal cilia to remove bacteria. The reason so many persons have one infection after another is that their nasal cilia were not treated. As long as the nasal cilia remain stagnant bacteria multiply and you get more infection."

Dr. Grossan's concern is that the most common treatment method is to throw antibiotics at the infection after the fact, when preventing the infection, and the persistent re-infection, is the key to staying healthy.

"Sinus disease and Allergy are worse today, despite drugs," Dr. Grossan said. "Study after study shows that antibiotics for sinus disease are as effective as placebo; but with placebo you don't get the terrible side effects of antibiotics.
Keep in mind, most every airborne bacterium enters our system through our noses, and the first line of defense is the nasal cilia. Keeping them healthy and restoring them after an infection is the key to preventing sinus infections."

He further explained that nasal cilia pulse and move bacteria and pollen out of the nose and sinuses. If cilia are inactive, bacteria remain in place and cause sinus disease. This book deals with the ideal and easy method you can use of restoring nasal cilia. With good cilia, according to Dr. Grossan, you don't need antibiotics.

"You wash your hands to get rid of bacteria and dirt. Why not do the same for your nose and sinus?" Dr. Grossan said. "It is proven that antibiotic sprays don't work. It is proven that antibiotic nebulizers don't work. Yet these are the treatments used today, which results in more drug resistant bacteria. Certain surgical procedures can result in the disaster of Empty Nose Syndrome - a person can be crippled for life. Makes sense to use methods to restore nasal cilia and AVOID surgery."

He adds that you can get well with measures to remove bacteria, restore cilia function without harmful drugs or surgery. Some helpful tactics include:

•A simple procedure that can be done at home, called pulsatile irrigation, restores cilia, removes bacteria and pollen, and massages the nasal tissue to bring good white cells.

•Drinking good old fashioned tea with lemon and honey can restore nasal cilia

•Chicken soup isn't a myth - it also helps restore nasal cilia

•Chanting "ooooommmm," vibrates and pulsates the cilia, helping to restore them and make them healthy

•Mental relaxation increases natural healing. . Relaxation and smiling raises all immune factors and reduces inflammation. This book shows you how.

"As antibiotics become less and less effective in treating infection because the new bacterial strains are becoming more and more resistant to those drugs, it's important for us to take steps to prevent infection," Dr. Grossan said. "So, if people can follow these simple tips, they'll discover they'll be more resistant to sinus infections, and live healthier lives."

A Modern Basis for Medical Negligence

Thursday, March 12, 2009
Therapeutic procedures, based on highly advanced medicine, abound in the modern world of the medical specialist. Yet, nothing is as important as the ability today's physician to employ standard diagnostic skills well when analysing what a patient requires. To do less than what the physician trained for is the true basis of malpractice, and the cause of medical negligence. Skill in the most sophisticated of laboratory technology does a doctor little good when he lacks the ability to hone in on the crucial elements in a medical history or neglects to perform an adequate physical examination. In this day of standardized medicine it is difficult enough to determine whether a complex case needs to be a "treat" or a "watch" in light of the mounds of laboratory data and current medical documentation on the diseases now known. To have an attending physician "tune out" such research is simply not acceptable, and yet, in cases of medical negligence that is often what happens, because there are not enough hours in the day to study it all.

Physicians still need to approach patients as "people" and not as "cases" or "diseases". Problems can transcend physical complaints, people still get anxious and frightened, in spite of the burgeoning use of websites that attempt to make symptomatology understandable to the common internet user. It is just part of the trend in contemporary society that makes medical care so impersonal, causes people to attempt to self-diagnose, makes the physician's job just that more difficult and opens the door to medical negligence. However, people have little choice sometimes, there perhaps are not enough doctors or trained personnel to handle individual cases efficiently any more.

So, when you go to see a physician or health provider, go with these things in mind. Not all intend to be medically negligent, but in this day and age of eight minute (on the average) examinations, or trips to hospitals where treatment is standardized based on a diagnosis that may have been just a "good guess" by an attending physician, it behooves every person who seeks medical care to be aware that there are legal means at their disposal to insure they get it. Capture facts, ask for reports, and build your rapport with your doctor if possible on mutual trust. That way medical negligence is sure to be avoided.

Cerebral Palsy and Medical Negligence

Thursday, March 5, 2009
There are very few more important events than our births. This is a time when we are most vulnerable and most dependent on the care and the skills of others. Luckily for the by far greatest majority of us, it all goes reasonably well and we are born healthy and undamaged.

Unfortunately this is not always the case. One in five hundred babies born suffer from cerebral palsy. Of these, in the western world, in five percent of these cases the trauma that results in cerebral palsy occurs during the birth process itself. That means that out of every ten thousand (10,000) babies born in the UK one is so severely damaged during birth that the baby is condemned to a lifetime of suffering as a result of birth induced cerebral palsy. There are approximately seven hundred thousand (700,000) live births per year in the UK, so on average every year seventy such babies are born. These were perfectly healthy before birth but due to incidents and traumas that occurred during the birth they develop cerebral palsy.

Clearly this is an unacceptable situation for which there appears to be very little justification. Birth induced cerebral palsy is the result of brain damage caused by depriving the brain of oxygen. Except in exceptional cases where this is truly unavoidable there is no alternative other than to conclude that in the majority of these cases the cause is directly attributable to medical negligence.

Medical negligence is the failure on the part of medical staff to provide a proper duty of care to the patient. This could apply to specific mistakes by members of staff such as omissions or errors, or in a broader sense it could be extended to hospital authorities and trusts who fail to provide proper facilities or training of its staff.

Statistics on compensation claims for such injuries are difficult to come by. Quite often cases that are brought are settled out of court and the settlements are subject to confidentiality clauses. However, it is doubtful that the majority of these seventy babies a year receive adequate compensation that would enable them to achieve some degree of life quality.