MedMal is a Form of Personal Injury

Medical malpractice is a form of personal injury that is unique in the sense  that the injury occurs as a result of the negligence of a professional, that is, a person who is expected to help, not hurt.

Medical professionals are an integral part of our society.  They provide a service of healing and curing that takes them months, years, and even decades to learn. Doctors and nurses spend an amazing amount of time and money so that they can bring the healing arts to their communities.

In their pursuit to bring health to the sick, they can sometimes get mixed up in the routine of their profession and make mistakes.  A medical mistake, however, can be more serious than most injuries and can even turn fatal.  That is why healthcare professionals have so much training: they hold lives in their hands.  The slightest mistake can cause unbelievable pain and suffering.

Compensation for Medical Injuries

If you have been the victim of medical malpractice you may have significant medical expenses; you may have lost time at work, you may have permanent injuries and disabilities.  We can help you recover the damages that resulted from your injuries.  You were injured from the negligence of a medical professional and you deserve to be compensated.

We will help you recover compensation for your medical bills, physical therapy bills, lost time at work, future medical care and living expenses, and pain and suffering.  Call us at 801.413.1753 and let’s start the process of getting you the compensation you deserve to try to make you whole.

Protecting You Against Medical Malpractice

Whether your injuries resulted from a surgical instrument left in your body, a misdiagnosis, or taking medication which should not have been prescribed, we can help.  Get the Utah medical malpractice lawyer who will do everything possible to recover the maximum possible.  Call Salcido Law Firm PLLC and Get Protected!

Doctor Convicted of Illegally Dispensing Painkillers

After deliberating for 18 hours the jury in the case against Dr. Dewey MacKay found him guilty of 40 counts of illegally prescribing pills and not guilty on another 46 counts. Two of the counts they found him guilty on however were in relation to the death of a 55-year-old male patient. During the case the federal prosecutors had argued that MacKay was essentially acting as a drug dealer by not checking patient information and prescribing to patients who had been tagged as doctor shopping or having incidents of drug abuse. MacKay will be sentenced towards the end of October and is looking at the possibility of serious prison time. One of the more serious counts alone carries a minimum sentence of 20 years.

Criminal Case Leading to Civil Case

Although MacKay is probably most concerned with the prison time he will likely be serving, this decision by the court also exposes him to civil suit liability. Those affected by MacKay’s actions could now sue him  for damages, especially in the case where his drug prescribing may have lead to the death of his male patient. Wrongful death suits obviously carry with them a high level of damages because you are essentially attempting to put a dollar amount on the value of a life.

Utah’s Full Service Law Firm

Whether your legal issues are criminal, civil, or both; the lawyers at Salcido Law Firm can help. We are a full service law firm and are experienced in almost every field of law. We offer free initial consultations and we can help answer whatever questions you may have. Working with the criminal justice system or dealing in civil litigation can be a very confusing and burdensome expereince; let the attorneys at Salcido Law Firm help you out and make sure you get the best outcome available to you. Call us today at 888.337.3235.

Suit Dismissed Because Plaintiff’s Were Not Patients

In early 2008 David Ragsdale shot and killed his estranged wife in a church parking lot in Lehi. Ragsdale later pleaded guilty to aggravated murder and is serving 20 to life in Utah State Prison. The legal issues following this accident did not end there however. In April 2010 the financial guardians for Ragsdale’s children brought a malpractice suit against a doctor and nurse at Pioneer Comprehensive Medical Clinic who treated Ragsdale. According to the plaintiff’s counsel the clinic prescribed medication to Ragsdale that caused him to commit the murder. This suit, however, was never decided on the merits because the judge dismissed the case in December 2010. According to Judge Denise Lindberg because the children were not patients of the Pioneer clinic they could not bring a malpractice lawsuit against the clinic. In most malpractice cases the defendant was negligent as to a duty they owed to the plaintiff, in this situation the judge is basically saying that there was no duty owed to the children because they were not patients of the clinic.

Appeal In The Works

It is now being reported that the counsel for the Ragsdale’s children are now planning on appealing the decision by the district court judge. The family has stated that they want the Utah Supreme Court to overturn Judge Lindberg’s decision and allow the case to be heard. If the family wins on appeal that does not mean they win the malpractice suit, it only means that the case can not be dismissed simply because the children were not patients of the clinic.

The Ever Changing Law

If the Utah Supreme Court ever hears this case and if they in fact decided in the families favor it would be a huge shift in the law. The range of duty owed by defendants would increase and there would be an influx of lawsuits brought to the court system. The appeals process provides the justice system with an avenue to continually update and modify the interpretation of the law; however, that change only comes based on what types of cases are appealed. Although the appeals process can be very time consuming and very expensive it is often important to clients to try and give the courts a chance to modify the laws they consider erroneous. Because the courts are constantly deciding cases that could and will have an impact on future cases it is important to have an attorney that is up to date on the current landscape of the law. The lawyers at Salcido Law Firm are continuously working on knowing the ins and outs of the law and are prepared to give you every viable option in your case. Call today to find out what we can do for you. 888.337.3235

Patient Privacy in Utah Personal Injury Cases

Each state carries some laws protecting a patient’s privacy in medical practices.  However, due to the gaps in the patient privacy in some state laws, in 1996 Congress established HIPAA (Health Insurance Portability and Accountability Act) which enacted a nation-wide call for protection concerning patient privacy. All medical records in any form, whether paper, electronic or oral, containing patients individual identifiable information is protected by HIPAA.

Nearly all licensed health care providers, pharmacists, hospitals, psychologists, physicians, dentists, and many more are subject to HIPAA. Certain penalties are provided by HIPAA if violated. Those who violated this law can be penalized tens of thousands of dollars.  Further,  some Federal criminal penalties can apply to those who knowingly violated HIPAA, including up prison time.  If protected patient information is obtained, the application of greater criminal penalties may be taken into action.

Medical Records are Key to Any Personal Injury Claim

Medical records should try to be obtained as soon as possible when dealing with a personal injury case.  Although some records may seem irrelevant, the importance of evidence of any kind is too great to over look anything. Records that are kept including computerized hospital records, ambulance records, admittance records, physician records, etc. should be obtained as quickly as feasible.  However, there are some HIPAA requirements that may interfere with the release of records.  Some of these requirements include patients requesting restricted access, written policies prohibiting disclosure, and a patient’s interference with disclosure.

Patients who request restrictions can cause problems because depending on the state laws, certain disclosures of patient information that will not allow for request of records are not preempted by HIPAA.  Written policies can be an issue because HIPAA requires health providers to carry written privacy policies and procedures.  Some providers, however, do not make revisions in their policies that would allow an attorney’s request for records.

Experienced Salt Lake Personal Injury Attorneys

When dealing with a personal injury case it is important to quickly get a skilled attorney with experience and knowledge in obtaining the necessary medical documentation.  Contact the personal injury lawyers at Salcido Law Firm PLLC for your personal injury representation.  801.413.1753.

Unintentional Retained Foreign Bodies Following Surgery

Retention of foreign objects following surgery is a more common occurrence than one may suspect. Recent reports indicate unintentional retained objects may occur in as many as 1 in 100 surgeries. This means that doctors are failing to remove surgical instruments in thousands of patients throughout the nation. Utah has seen its fair share of these cases. Many individuals in Utah have suffered serious injuries or even death in these circumstances.

Common Instruments Found in Patients

The most common type of object left in patients following a surgery is sponges. Sponges are a necessary and common part of most surgeries; especially abdominal surgeries. Sponges create a unique problem because they are often very difficult for doctors and nurses to locate in a patient’s body. Sponges soak up blood and other fluids and can be hard to distinguish between actual tissues. Other objects known to be left in patients include just about everything you can imagine including needles, blades, pins, clips, gauze, and Junior Mints (well at least on Seinfeld).

Best Practices

To prevent retained foreign bodies following surgery, health care providers should count each and every item that goes in and out of the patient’s body. Unfortunately, this does not always happen. In some cases, doctors and nurses fail to properly count surgical items and patients are left with a potential problem and possible second surgery.

Symptoms and Post Discovery Solutions

Symptoms of a retained foreign body often include infection, fever, nausea, and various other related complications. Once symptoms suggest the presence of a foreign object, medical providers will often x-ray, CT scan, or use other imaging methods to confirm the identity and location of the object. Following this identification, a surgery may be required to remove the object and prevent further injury.

Utah Retained Foreign Object Lawyer

Foreign objects can remain in a patient’s body for several years before the object causes any harm. Some objects may migrate through the patient’s body and lodge far away from the objects initial place of deposit. Many patients have suffered serious injuries or death from the negligent failure to remove dangerous surgical instruments. If you or someone you know has been the victim of a retained surgical instrument, get help now. These cases require help from a Utah Medical Malpractice Lawyer experienced in retained foreign body cases. At Salcido Law Firm, our personal injury attorneys have worked on many cases involving all kinds of instruments. Call us today for a free consultation at 801.413.1753.

Failure to Diagnose a Heart Attack

Over a million Americans suffer a myocardial infarction (commonly referred to as a “heart attack”) each year. About half of all heart attacks result in severe injury or death to the patient. Quick and proper treatment can often prevent fatality, so there is no room for mistake or negligence on the part of medical providers. Unfortunately, we have seen several cases in which emergency room doctors, cardiologists, or other physicians have ignored symptoms, ignored risk factors, failed to diagnose, misdiagnosed, and failed to properly treat or test, or have otherwise contributed to the injury or death of their patients.

Risk Factors and Coronary Heart Disease

In order to properly diagnose a patient with coronary heart disease, a doctor should be aware of the patient’s medical history. Common risk factors for coronary heart disease patients include:

• 65 or older.
• Male.
• Family History of Coronary Heart Disease.
• Smoker.
• High Cholesterol.
• Hypertension (high blood pressure).
• Sedentary Lifestyle.
• Obesity and Overweight.
• Diabetes.
• Alcoholism.
• Stress.

The above list includes the risk factors identified by the American Heart Association. The more risk factors you have, the greater chance you may have a heart attack or stroke. A doctor should be aware of each patient’s medical history and identify which if any risk factors may apply. Many of these risk factors may be controlled or treated.

Symptoms of a Heart Attack

Common symptoms of a heart attack may include:

• Discomfort, pressure, heaviness, or pain in the chest or just below the breastbone.
• Discomfort, pressure, heaviness, or pain in the arm.
• Radiating pain or discomfort in the jaw, back, throat, or arm.
• Indigestion or feeling of heartburn.
• Nausea or vomiting.
• Sweating or dizziness.
• Anxiety or shortness of breath.
• Irregular, increased, or rapid heartbeats.

Any of these symptoms or combination of these symptoms may indicate a patient is suffering from a heart attack. It is extremely important that a patient suffering a heart attack receive treatment as soon as possible. Generally speaking, treatment for a heart attack is most successful in administered in the first few hours following the first onset of symptoms. Physicians who fail to quickly and properly treat patients put their patients’ health and life at risk.

Doctors are trained to recognize the warning signs of a heart attack and to properly act in accordance with the health and safety of the patient. However, in some instances doctors fail to act properly in regards to the care of heart attack patients. If you or your loved one has been the victim of a doctor’s malpractice, don’t delay contacting us.

Medical Tests to Diagnose a Heart Attack

After symptoms are reported, doctors and emergency staff should administer the proper testing and treatment as soon as possible to avoid severe injury or death to their patients. The common tests for heart attacks include:

• Electrocardiograms (ECG or commonly referred to as EKG).
• Cardiac Enzyme Tests.
• Coronary Artery Disease Tests.
• Echocardiograms.
• Stress Tests.
• Angiograms.

If you or your loved one suffered a heart attack and the doctors failed to administer the proper testing resulting in injury or death, contact a Utah Medical Malpractice Attorney at Salcido Law Firm today.

Common Heart Attack Misdiagnoses

A doctor’s failure to diagnose or misdiagnosis of a heart attack may occur if the symptoms are confused with another health condition. In our experience we have seen doctors misdiagnose a heart attack as:

• Heart Burn
• Anxiety Attack
• Pneumonia
• Gallstones
• Bronchitis

Your Utah Medical Malpractice Lawyers

At Salcido Law Firm, our medical malpractice lawyers are experienced in handling the complex legal and medical issues involved in a failure to diagnose a heart attack case. We represent victims and their families in pursuing just compensation for the damages caused by a doctor’s failure to properly diagnose and/or treat a heart attack patient. We will act as your advocate against the medical providers and their insurance companies to see that your rights are protected and that you receive a fair settlement.

If you or someone you love has been injured or died as a result of the negligent medical care, call us today. Utah law imposes time limits on medical malpractice actions. Do not delay; contact us as soon as possible and Get Protected! Our attorneys are ready to take your call 24/7. Call anytime at 801.413.1753 or toll free at 888.337.3235. You may also email, Skype, or contact us through the form on the right.

Insurance Companies, managed-care organizations, doctors associations and other special interests groups in the health care industry seeking malpractice-liability “reforms” have sought to shift the blame for medical malpractice premiums on to the civil justice system. These same advocates often go as far as to blame the alarming lack of access to affordable, quality healthcare in the United States onto malpractice victims and their attorneys. These special interest groups have engaged in heavily funded campaigns to convince the public that rising health care costs are a direct result of a rise in merit less medical malpractice claims. However, these assertions are not based on careful analysis but on unfounded claims, fears, and misinformation which has had the unfortunate effect of discouraging many patients from pursuing well justified claims involving serious injuries caused by negligent health care providers.

In the face of such claims it’s important to look at the facts. A report by the Institute of Medicine, the nation’s most respected adviser on medical science, found preventable medical errors to be the eighth-leading cause of death in the U.S., contributing to up to 98,000 deaths annually. A study by the New England Journal of Medicine found that 13 out of every 100 patients are subjected to medical malpractice. Several studies suggest that for every 25 patients who are injured by a negligent doctor, only 1 of those patients will ever file a law suit.

America does indeed face a healthcare crisis in the form of widespread medical errors that often go unrecognized and uncorrected. Far too many doctors are injuring their patients, this is the real crisis. Additionally, the country faces a medical insurance crisis as insurance companies and special interest groups have succeeded in distracting legislative and public attention away from the real problems in the medical and insurance industries.

Do not let the rehtoric of the lobbyists and special interest groups of the medical and insurance industries prevent you from pursuing a justified claim. If you or someone you know have been seriously injured by negligent health care providers, the Utah Medical Malpractice Attorneys at SLF can help. Call us today and get protected!