Family Justice Center

Archive for July 3rd, 2010

Medical Malpractice is a widespread problem. When you or a loved one is sick you go to a doctor and put your life in his or her hands. In the office you scan the walls for diplomas and licenses. You take in a beautiful framed needlepoint on the wall that states, “A Doctor Shall Do No Harm.” You sit back in your chair and feel a sense of security that you are in good hands.

However, if you are misdiagnosed or if your physician neglects to order further tests due to insurance scrutiny, your sense of security should be very tenuous because the results may very well cause you to be a victim of medical malpractice. So many cases of medical malpractice are never reported due to being misinformed or the victim or the victim’s family is so overwhelmed as a result of the illness or death of the patient.

Every physician must have medical malpractice insurance. This insurance is to protect the physician not the patient. Medical Malpractice insurance costs are on the rise as a result of medical malpractice occurring more and more frequently. Many of our fine physicians leave their specialties due to rising costs which once again places you the patient in further jeopardy of receiving less than optimal care and then being the victim of medical malpractice.

Medical Malpractice is the determination that no other reasonable medical professional would have performed the same actions as your provider. How are you the patient able to determine whether medical malpractice occurred? The determination of medical malpractice is the responsibility of a medical malpractice lawyer. In conjunction with the patient or the patient’s family medical malpractice can be determined for inappropriate treatment of a problem, treatment that caused new problems to arise, diagnosis given too late for treatment to work or if the physician provided the wrong treatment.

Medical Malpractice can also occur during surgical procedures. There are so many things that can go wrong while the patient is under anesthesia. A patient may be given the wrong dosage of medication. The patient may be allergic to the medication. The wrong organ may be operated upon. These are all reasons for filing a suit for medical malpractice. Do not rely on the word of your doctor for why something went wrong.

There are three main categories relating to unsafe driving outlined in the Road Traffic Act 1988 which are careless or inconsiderate driving, dangerous driving and causing death by dangerous driving (which may be aggravated by consumption of drink or drugs).

Penalties for each category reflect the relative seriousness of the offense ranging from fines for the least serious offenses to an almost certain prison sentence, disqualification from driving and a re-test prior to return of the license for the last category. A road traffic accident will not normally be investigated by the police unless there has been an injury. In cases involving serious injury or death the investigation will be dealt with by experienced road traffic police officers and a member of the Accident Investigation Branch. The evidence that is gathered is sent to the Crown Prosecution Service which decides whether or not to charge the driver responsible for the accident.

Careless Driving which is defined under Section 3 of the Road Traffic Act 1988 is :-
“Driving which falls below the standard of a reasonably competent and careful driver.”

Dangerous Driving which is defined under Section 2A of the Road Traffic Act 1988 is :-
“Driving which falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous.”

Causing death by dangerous driving is an extremely serious offense and the starting point for sentence will normally be imprisonment, however the standard of the offender’s driving at the time of the offense is the primary factor in determining the sentence for an offense follows:-

* An offense arising from a momentary error of judgment or short period of bad driving, where there are no aggravating features, is likely to attract a short sentence of imprisonment.

* If the standard of the offender’s driving was aggressive or at greatly excessive speed, or was affected by the consumption alcohol or drugs then a sentence of imprisonment of two to five years is likely.

* An offender can be sent to prison for between five and ten years for the most serious offenses, where there are aggravating features and the offender has driven with a complete disregard for the safety road users. Aggravating features include the death of more than one person, failing to stop, claiming that one of the victims was responsible for the accident or previous convictions for serious motoring offenses especially those involving consumption of alcohol or drugs.