Thursday, June 18, 2009

Colon Cancer Case Proves Medical Malpractice

Did you know that, according to the stats, medical malpractice is considered the 3-rd leading cause of death in the USA with only cancer ranking higher? According to the the Journal of the American Medical Association, every year during the past decade the average of 250,000 people died across the nation due to medical malpractice.

In its own turn, among the five diseases most frequently associated with the medical malpractice, the colon cancer also occupies the 3-rd place, preceded by breast cancer and lung cancer, and followed by heart attack, and appendicitis. The late or wrong diagnosis means delay in starting medication or surgery to result in a poor cure outcome, and often premature death.

In case of filing compensation lawsuit victims or their heirs may count on being compensated damages associated with extra pain and frustration, as well as have hospital and medications bills re-imboursed, or get the compensation for deterioration of victim's quality of life in general.

The recent often cited lawsuit filed by George Westhouse against St. Lucia's Hospital in Baltimore Metro area is very eloquent.

The plaintiff accused the defendant claiming that the clinic was negligent and commited professional malpractice through failing to inform the patient about the need to perform colon cancer screening as it is required past the age of 50. G. Westhouse also claimed that the defendant failed to address certain evident symptoms of cancer, such as low back pain and the ubrupt loss of normal weight by patient.

The defendant didn't admit the clinic's staff was negligent, claiming nothing they did or failed to do could have caused or have accelerated the patient's death. The defendant further claimed colorectal cancer screening also was discussed with the plaintiff's decedent, but the decedent just refused to undergo colonoscopy, though not in written form. Ultimately the case was settled prior to copurt trial within the maximum policy limits of $US 1,350,000.

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