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MEDICAL MALPRACTICE
While it remains a fact that the work of physicians, hospitals and other healthcare providers save lives, serious injuries and even death continue to be the result of the negligent care and treatment of patients. Still, recent laws passed in some states have made it more difficult to prove liability and the cause of a patient’s injury or death. At the same time, these legislative enactments have significantly limited the money damages patients and families can recover when they have been the victim of even clear medical malpractice. As a result, patients are finding it increasingly difficult to find knowledgeable attorneys willing to invest the time and financial resources necessary to pursue their medical malpractice claims.
The Taft Law Firm continues to help patients and families harmed by medical malpractice. Healthcare liability claims typically concern questionable patient treatment, lack of treatment, or a departure from the accepted standards of medical care.  These claims may also concern issues of patient safety, and/or issues concerning professional or administrative services directly related to health care.

Among other instances, hospitals can be directly liable in situations where they: failed to enforce their policies and procedures aimed at caring for and protecting patients, negligently hired and retained incompetent employees or agents, or failed to provide properly working patient facilities or equipment. Hospitals can also be vicariously or indirectly liable in situations where their employees (i.e., the hospital’s nurses, lab techs, etc.) harm patients during the course and scope of their employment.
Like hospitals, nursing homes can also be held liable when they depart from accepted standards of healthcare and safety. Nursing homes have a duty to supervise, monitor and protect their residents and patients in a professional manner and can be held liable for their failure to do so.
Doctors owe patients a duty to act as a reasonably prudent doctor would under the same or similar circumstances – the “standard of care.” A physician who is a specialist is expected to have a higher level of skill and knowledge. Physicians can be held liable for breaching the standard of care for conduct including, but not limited to: performing the wrong procedure on a patient, performing the correct procedure incorrectly, failing to monitor a patient’s condition, or failing to consult or refer the patient to a specialist when the physician knew or should have know a specialist was required. In any of these instances, serious injury or death could be the result.
The Taft Law Firm has handled medical malpractice cases involving, but not limited to, instances where healthcare providers:
Committed negligent acts and omissions during surgical procedures;
Failed to independently access the need for medical care and treatment in light of the patient’s clinical presentation and then existing studies;
Failed to timely order appropriate and necessary test in light of the patient’s clinical presentation and condition;
Failed to timely consult a surgeon or other specialists given the patient’s known clinical presentation and deteriorating condition;
Failed to properly and timely carry out lab duties and responsibilities (i.e., obtaining and communicating test results) for a patient under care at the hospital facility;
Failed to timely and properly accomplish transfer of a patient to a higher level of care and thereby causing additional complications and death;
Failed to timely observe, report on and/or obtain reports on the patient’s deteriorating condition;
Failed to recognize and/or acknowledge the patient’s deteriorating signs and symptoms as they were evidenced by the patient, the patient’s family, other medical staff, as well as on the medical equipment, images, and other monitoring mechanisms;
Failed to properly and timely diagnose or to communicate the diagnosis of the patient so as to prevent and avoid further injury, suffering and death;
Failed to enforce effective policies and procedures designed to ensure the safe and timely performance and communication of diagnostic test and patient studies and results; and,
Failed to train, manage and/or adequately supervise those performing patient procedures, assessments and transfers.
If you, a family member or loved one have been the victim of medical malpractice or suffered elder abuse, feel free to contact The Taft Law Firm.
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