Mahoney Law, PLLCMahoney Law, PLLC2024-03-18T07:57:46Zhttps://www.patrickmahoneylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302686/2022/05/cropped-ML-PLLC-site-icon-32x32.jpgOn Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474892024-03-18T07:57:46Z2024-03-18T07:57:46ZDisparities among white vs. non-white children
One of the major findings uncovered was that white children often receive better care than Black Americans, Latinx, and Asian American kids. White children often have the option of painkillers as they recover from conditions such as migraines or after surgery while non-white children often don't. Unfortunately, the disparities in care don't end there.
The same research mentioned that non-white children also typically face longer wait times in emergency care facilities. They're also less likely to receive a diagnosis and treatment for a potential developmental disability. Non-white children are also more likely to experience complications during and after certain surgical procedures.
Why do these disparities exist?
Understandably, researchers wanted to find out the reasoning behind this disturbing data. Many feel that structural racism, unconscious bias and disparate policing are the main reasons why this problem is happening. Resolving this problematic situation can help healthcare facilities avoid going through medical malpractice claims brought on by angry parents. One thing that wasn't a factor in this study was insurance. All children in this study were insured.
Experts are calling on medical professionals in all areas of this field to take a closer look at their policies and how they treat patients of all ethnicities and backgrounds. However, these same people also note that sweeping policy changes will be necessary to begin tackling this issue.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474862024-02-29T05:58:13Z2024-02-29T05:58:13ZRoad conditions and accidents
Problems with road conditions may result from improper construction, such as shoddy construction that leads to dangerous imperfections in the road. Sometimes, the design may undermine the ability to remain in a lane or merge with traffic. Stalled cars and pedestrians could face dangers if the road does not provide an adequate shoulder.
Other concerns about road designs may focus on inadequate signage. When signs don’t notify drivers properly of exit and entrance lanes, accident risks may increase. If an accident occurs, the injured party may explore civil remedies.
Road design lawsuits
More than one party could be responsible for motor vehicle accidents. When a construction company performs a shoddy job, the enterprise might face claims by those injured in an accident. Victims might also sue any government entity that failed in its duties to ensure the road is safe.
Other drivers could contribute negligence if their behavior increases the chances of a crash. A driver who speeds or cuts in and out of lanes may face liability claims in any circumstances. Still, such behavior might be more egregious when the road conditions would make such actions even more dangerous.
Filing an insurance claim could provide a viable means of receiving a just settlement. However, there might be situations where suing in court for a larger award would be worth considering.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474842024-02-13T08:50:56Z2024-02-13T08:50:56ZMedical professional's responsibility
Doctors must diagnose gestational diabetes to avoid medical malpractice. Pregnant women with this condition require careful monitoring.
Babies born to mothers with gestational diabetes face increased risks of hyperinsulinemia and hypoglycemia. Although some women have risk factors, any woman can develop gestational diabetes. Thus, thorough screening is vital, regardless of apparent risk factors.
Care for gestational diabetes
Failure to properly treat gestational diabetes may constitute malpractice. Continuous monitoring is necessary to regulate glucose levels and ensure average fetal growth. Some women may need insulin injections, provided they don't harm the pregnancy.
Doctors generally diagnose gestational diabetes through a glucose challenge test and a glucose tolerance test. In the glucose challenge test, the patient drinks a vial of sugary liquid, and their blood glucose levels are tested one hour later. If the glucose level measures 200 mg per deciliter or higher, diabetes is diagnosed.
During a glucose tolerance test, the patient ingests liquid with a concentrated sugar solution and undergoes testing every hour for three hours. Elevated glucose readings may indicate gestational diabetes.
The American Diabetes Association recommends testing women for gestational diabetes around 24 to 28 weeks of gestation. Screening may start as early as 15 weeks for higher-risk women. Failure to prescribe essential gestational diabetes screening could lead to a violation of the reasonable standard of care by the doctor, potentially resulting in negligence if the patient or their child is harmed.
Potential complications from gestational diabetes
Children born to mothers with gestational diabetes may have a higher birth weight, often necessitating cesarean deliveries. Misdiagnosis can lead to trauma for both mother and child. Difficult labor may result in shoulder dystocia or brachial plexus injury. The child also faces risks of glucose intolerance and long-term obesity.
Obstetricians often recommend C-sections for women with gestational diabetes to mitigate risks. Thankfully, with proper management, gestational diabetes can be controlled to ensure the safety of both mother and baby.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474822024-02-02T04:37:22Z2024-02-02T04:37:22ZHaving patients treated for too long
Some types of medical malpractice by a dentist can occur when they provide too much care. An example of this could be a dentist keeping braces on patients longer than they need to wear them. That's because extending treatment plans means more money for their dental practice while the patients gain no additional benefits. This situation is otherwise known as unwarranted treatment.
Exposing patients to diseases
On the surface, most dental practices look sterile and clean. However, hidden diseases and other bacteria can be present throughout dental offices. In 2013, a dentist found himself in legal trouble after 60 of this person's patients tested positive for HIV or hepatitis. Under normal circumstances, most dentists wouldn't have let this situation happen.
Committing dangerous medication errors
A lack of proper care from a dentist doesn't only concern what happens during dental procedures. Dentists can also face malpractice charges for post-treatment medications patients receive. A dental professional should know your medications and those causing past adverse reactions.
Surgical-related errors
Dentists typically also perform a variety of surgeries while sending patients requiring more complicated procedures to someone specializing in oral surgery. Regardless of whether you need a simple or complicated procedure, both options carry the risk of malpractice that can lead to patient death.
You have the right to receive adequate care when treated by a medical professional. If that doesn't happen, you might be able to seek and obtain damages if the other party is guilty of malpractice.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474802024-01-30T23:04:27Z2024-01-30T23:04:27ZWhat the federal government recommends
The federal government recommends that signs alerting drivers to the dangers of distracted driving stay clear, concise and free of jargon. Currently, it's not uncommon for states to use puns, make pop culture references or otherwise try to get a driver's attention. In some cases, states hold contests to determine what will be posted on highways within its borders. It's important to note that the states are generally in control of the content that is shown to drivers, and the federal government hasn't actually banned anything that might be considered over the top.
States don't see the problem
According to one Arizona representative, the humor is intentional and is something that the state isn't going to abandon anytime soon. In fact, the federal government's comments about their signs are seen as a type of government overreach. Therefore, it's unlikely that they are going to be done away with even if they may unintentionally increase the risk of motor vehicle accidents on roads or highways.
If you are involved in a motor vehicle accident, you may receive compensation for any damages incurred as a result of another party's negligence. Cellphone records, photos or video footage might prove that the defendant was distracted when the wreck occurred. The defendant may be liable for your damages even if the distraction was caused by a sign posted by a government agency.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474772024-01-19T00:37:04Z2024-01-19T00:37:04ZInvasive vascular procedures may be overprescribed
In 2019, the Centers for Medicare and Medicaid Services warned that some doctors may have overused and even abused invasive vascular procedures. This warning noted that patients' chances of complications, including amputation or death, may have increased markedly, resulting in medical malpractice claims.
The procedure in question is called atherectomy, with many patients undergoing the procedure having a questionable need for it. In this surgery, doctors use a laser or bladed catheter to remove plaque from blood vessel walls. Atherectomies are appropriate interventions for advanced vascular disease, but many patients who went to freestanding clinics underwent the procedure even when they had milder symptoms that could be treated with medication and exercise. Medicare pays generous reimbursements to doctors who perform the procedure. The study indicated that nearly one in four patients underwent the procedure from 2019 to 2022. A small percentage of doctors are responsible for performing unnecessary atherectomies in the United States.
Fighting back against unnecessary surgeries
Some physicians and medical practices use procedures with a high Medicare reimbursement rate to help cover the cost of other surgeries that are not as profitable. These practices can result in medical errors that can leave patients severely disabled or may cause eventual death.
If you or a loved one have sustained injuries because of negligence involving a clinic, hospital or any medical professional, you may be able to file a compensation claim. You can use money received for pain and suffering and injuries to pay for further medical treatments, living expenses, lost wages and much more.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474762024-01-14T23:47:56Z2024-01-14T23:47:56ZCosmetic surgery malpractice claims
About two-thirds of the medical malpractice claims studied were filed by patients who were unhappy about the way their surgeries turned out or had to undergo additional procedures. The basis of these claims was usually emotional trauma, which suggests that the patients had unrealistic expectations and were not fully informed about the risks involved. Insurers made indemnity payments in only 26% of the cases studied, which means most of these claims were unsuccessful.
Out-of-scope procedures
Another cosmetic surgery medical malpractice study was published by the Journal of the American Society of Plastic Surgeons in march 2023. After studying medical malpractice claims submitted between 1979 and 2022, the researchers discovered that most of the claims arising from minimally invasive procedures involved physicians who were practicing out of scope. This means the surgeons who were sued were not accredited to provide cosmetic procedures by the American Board of Medical Specialties. This suggests that a worryingly high number of straightforward cosmetic procedures are performed by surgeons who lack experience and proper training.
Unrealistic expectations
Studies of medical malpractice claims reveal that cosmetic surgery is often performed by unqualified or inexperienced physicians on patients who have unrealistic expectations. The studies also show that only about a quarter of the patients who file malpractice claims over allegedly botched plastic surgeries are compensated. Physicians may be able to avoid misunderstandings and legal disputes by being more candid with their patients, and patients could reduce their chances of being harmed by making sure that their surgeons have the proper credentials.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474742024-01-04T05:33:51Z2024-01-04T05:33:51ZNot seeking or accepting medical care
Emergency services often arrive after motor vehicle accidents occur. Even if no one appears to have an injury, you’ll likely have an EMT offer to check your body. If you feel fine, you might refuse the offer of help. That’s a mistake to avoid.
Just because you feel or look fine doesn’t mean that you are. The shock of having the accident could prevent you from realizing you have an injury. The National Library of Medicine says that EMS providers have training to determine the need for medical care.
If emergency services aren’t at the scene, you can visit an emergency room. Some injuries are unnoticeable until hours or days after the accident. Consider getting an examination to check that you’re fine, just in case.
Deciding to skip the police report
You must notify the police of any car accident that results in injury, death or property damage. The officer who responds will create and file an accident report. You’ll need the report if you bring a personal injury claim against the other driver. The report gives an official description of the event.
Leaving the scene of an accident
You can get into legal trouble for fleeing the scene of a motor vehicle accident. If someone has an injury or dies, you should remain on the scene until authorities arrive and speak with you. If the damage is minor, you’re expected to give your name, address, phone number and insurance information to the other driver or a law officer.
It’s often difficult to think clearly after a motor vehicle accident. You may have an injury, feel angry or afraid. But if possible, it helps to avoid making the mistakes mentioned above.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474722023-12-19T03:30:09Z2023-12-19T03:30:09ZBrachial plexus
If an infant's neck or arm is stretched during the birth, they may be injured in the elbow, forearm, hand or shoulder, all parts of the body connected by the nerves known as the brachial plexus. Severe cases could require surgery and might result in paralysis.
Shoulder dystocia
Shoulder dystocia, when a child's shoulder or shoulders prevent their progress through the birth canal, is fortunately rare, but its complications can be serious or fatal. The baby could end up with broken bones in the shoulder area. Oxygen cut also be cut off, leading to additional complications.
Brain injuries
A lack of oxygen can lead to a number of different neurological birth injuries. There are several different causes besides SD, including too much medication and issues with the placenta or umbilical cord. In some cases, quickly doing a cesarean section can prevent this lack of oxygen. Cerebral palsy is a common brain birth injury, but it can occur before or after birth as well and for reasons besides a lack of oxygen.
Prevention
A common measure of how the fetus is doing during labor and delivery is heart rate, and medical professionals can monitor this to help them determine when further intervention is necessary. Malpractice may have occurred if the child suffers an injury and did not receive a reasonable standard of care, which could include failing to monitor the labor process properly or to act quickly enough.]]>On Behalf of Mahoney Law, PLLChttps://www.patrickmahoneylaw.com/?p=474702023-12-08T05:02:44Z2023-12-08T05:02:44ZUnderstanding medical malpractice
Medical malpractice is harm caused by negligence from a treatment provider. The victim and the treatment provider must have a formal doctor/patient relationship. Appropriate fundamental care interpretation varies with each case's specific circumstances.
Court's perspective of medical malpractice litigation
To succeed in a malpractice claim, a victim must demonstrate the physician's negligence. This involves showing the doctor breached duty, causing harm and injuries to the victim. Despite the common occurrence of medical malpractice, the system favors settlement over litigation.
Doctors agree with their insurance providers to resolve matters with the affected individuals. Resolving malpractice cases contributes to alleviating the strain on the court system. It also lowers possible costs for the physician and the victim. Participating in the trial can be both expensive and time-consuming.
The statute of limitations for filing a medical malpractice case in Idaho
Filing a medical malpractice lawsuit requires timely submission within legal limits. Under Idaho legislation, a personal injury lawsuit must be initiated within two years. The law refers to this period as the "statute of limitations." This gives the court credible evidence during its ruling.
Obstetricians often find themselves at the forefront of malpractice litigation. This conclusion has been arrived by observing medical malpractice litigations from 2016 to 2022. Most of the cases center on patients who incur harm and injuries during labor and delivery.
Medical malpractice trends harm both healthcare providers and patients. Understanding healthcare practitioners' risks improves agents' ability to set client coverage expectations. This will lead to a thorough conversation with the underwriting department.]]>