Do I have a medical malpractice case?

do i have a medical malpractice caseAs one of the leading causes of death in the United States, medical negligence is not only relatively common, but can have serious and lasting consequences. While people often assume only doctors can be sued for medical malpractice, many other healthcare professionals can be held responsible for their actions, including pharmaceuticals, hospitals, anesthesiologists, and nurses. When it comes to your health and wellbeing, it is important to be able to trust the healthcare professionals working to keep you healthy.

If you are suing your doctor for medical malpractice, there are a couple points you should keep in mind. You must be able to prove that an official doctor-patient relationship existed between you and your physician, even if it was just one appointment. However, most informal advice given by friends or family will not be considered as official. Secondly, you must be able to prove the doctor was negligent in your care. In most cases, a testimony from an expert in the field will be able to prove this by setting a standard of care, or reasonable course of action that any competent doctor would have followed. Lastly, your doctor’s negligence must have caused you some sort of harm, whether financial, physical, or mental. If you think your doctor’s actions, or lack thereof, caused you harm, contact one of our medical malpractice attorneys today.

While the types of medical malpractice cases can be vast, each one could have had a better outcome for the patient. A doctor’s failure to diagnose a patient correctly, or in a timely manner, could cause the patient significant pain and suffering, as they continue to endure the symptoms of their illness. Improper treatment, or incorrectly administered treatment can become quite costly, and again result in unnecessary suffering. Failure of duty of informed consent, or not warning patients of known risks to treatment and medications, can also lead to unexpected, and occasionally dangerous, side effects. The patient has a right to be aware of the risks of treatment. If a pharmaceutical company failed to explain these risks, they may be liable. Likewise, if a hospitable did not properly vet their staff, or did not have enough nurses or doctors on hand to properly treat their patients, they may be held responsible.

If you have been harmed by the negligence of a medical professional, you may be able to receive compensation for unnecessary medical bills, lost income, as well as physical and mental suffering. Contact McIntyre Thanasides today at (844)511-4800 for help with your case.

The 13 Most Dangerous and Recalled Medical Devices – Are you at Risk?

dangerous_medical_devicesWith millions of Americans living their day to day lives with the assistance of pacemakers, hip replacements and other medical devices, they expect that they’ve been tested and are safe. But did you know that many medical devices are only tested through clinical trials? Although this may not always be the case, it still does not entail that manufacturers have guaranteed complete safety.

Unfortunately, there aren’t processes for researchers or patients to be aware of how they can protect themselves against any medical negligence until it is too late. Each year, thousands of patients are treated for serious and sometimes fatal injuries as a result of these unsafe devices.

The FDA’s seal of approval doesn’t always mean safe. In fact, the FDA may even allow devices that cause harm to the public to remain on the market despite studies displaying the lack of safety within the products until the number of victims accumulates and leads to an eventual recall.

With this in mind, it is best to be familiar with the top 13 most unsafe medical devices that have been exposed and asked to be either banned or recalled due to safety concerns:

13 Transvaginal mesh: These surgical nettings are implanted on the vaginal wall in order to treat pelvic organ prolapse and stress urinary incontinence. Many female patients who received it have suffered from pain, infection, mesh erosion, organ perforation and/or recurrence of prolapse or incontinence.

12 Drug-Coated Stents:  A stent is a small metal or plastic tube inserted into an artery or blood vessel in order to open narrowed arteries in the brains of patients diagnosed with intracranial stenosis who are experiencing repeated strokes. Recent studies have shown that these devices have complication rates higher than previously expected as well as signs of ineffectiveness compared to the alternative of aggressive medical treatment alone.

11 Metal Hip Replacements: These metal ball and socket devices are placed in order to restore mobility, alleviate arthritic joint pain, and resurface the hip. Thousands of patients who have received metal hip replacements have reported to be suffering serious injuries and side effects like metal poisoning, implant failures, and metallosis injuries that have led to many lawsuits, recalls, and even million-dollar awards.

10 Talcum Powder – These cases involve the link between women using talcum powder for feminine hygiene and later developing ovarian cancer.

9 Da Vinci Robot: The da Vinci Surgical System is a complex surgeon-operated robot that uses multiple arms during human operation. Despite the nationwide presence of these devices, they have also been connected to a range of serious patient injuries from system failures, government warnings and even death. These defective products are now facing product liability lawsuits.

8 Xarelto – Xarelto, a blood-thinning drug, has been linked to serious side effects including internal bleeding, gastrointestinal bleeding, brain bleed and death. Lawsuits filed against Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Corp. over Xarelto have been consolidated in Louisiana federal court.

7 IVC Filters – Retrievable IVC filters are wire devices implanted in the vena cava, the body’s largest vein, to stop blood clots from reaching the heart and lungs. These devices are used when blood thinners are not an option. Risks associated with the retrievable IVC filters include migration, fracture and perforation, leading to embolism, organ damage and wrongful death.

6 Taxotere – Taxotere (docetaxel) is a chemotherapy drug approved in the treatment of breast cancer, along with other forms of cancer. It is administered intravenously through a vein, and is a member of a family of drugs called taxanes. While hair loss during chemotherapy is expected, patients undergoing chemotherapy with Taxotere were not warned they could potentially experience permanent hair loss. Permanent hair loss is an extremely debilitating condition, especially for women.​

5 Invokana – Invokana, approved by the FDA in March 2012, is classified as an SGLT2 inhibitor, which works by reducing blood sugar levels in Type 2 diabetes patients. The drug has been linked to a number of serious kidney problems, including ketoacidosis, a serious buildup of acids in the blood that can be life threatening if left untreated.

4 Proton Pump Inhibitors (PPIs) – Introduced in the late 1980s, PPIs are used for the treatment of acid-related disorders of the upper gastrointestinal tract, including peptic ulcers and gastrointestinal reflux disorders. Long-term use of PPIs, including Prilosec, Prevacid and Nexium, may result in Acute Interstitial Nephritis (AIN), which is a condition where the spaces between the tubules of the kidney cells become inflamed. While individuals who suffer from AIN can recover, most will suffer from some level of permanent kidney function loss. In rare cases, individuals suffering from PPI-induced AIN will require kidney transplant.

3 Low-T – Testosterone replacement treatments (TRTs) are designed to boost levels of the male hormone in men with hypogonadism, a condition also known as “Low-T” in which men produce too little testosterone due to injury or disease.  This has raised concerns in the medical community as testosterone therapy has been linked to a 30 percent increased risk of heart attacks, strokes or death after three years of use. Another study found that men had a significant increased risk of heart attack or stroke in the first three months of starting testosterone treatment.

2 Physiomesh – Physiomesh is a flexible polypropylene mesh designed to reinforce the abdominal wall, preventing future hernias from occurring. Studies of Physiomesh have shown not only that it is related to significantly more recurrent hernias and postoperative pain than similar devices, but it has been linked to an increased risk of additional surgeries, organ perforation, mesh migration, sepsis and even death.

1 Guidant Defibrillators: Commonly known as a pacemaker, a defibrillator is a device surgically implanted to treat individuals who specifically face a type of heart disease that creates the risk of life-threatening heart arrhythmia (abnormal rhythm). These devices were recalled due to a faulty capacitor that can lead to premature battery depletion.

If exposed to any of these devices, it is best to hire an attorney qualified to fight for these complex cases involving unsafe medical devices. McIntyre Thanasides has helped clients recover millions of dollars in cases where defective and dangerous medical devices were involved. Contact us today at (844)511-4800 for your free case evaluation.