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What To Know About Nurse Practitioner Malpractice

snyder-wenner · Mar 31, 2020 ·

When you go to a doctor’s office or the hospital for treatment, chances are you don’t actually see a doctor. Instead, you are likely to be treated by a Nurse Practitioner (“NP”). Nurse practitioners are mid-level providers. This means the NP is a licensed medical professional who obtained a bachelor and masters or doctoral degree in Nursing. NPs have less medical education and training than a doctor but can still diagnose, treat, and prescribe medications. In Arizona, a nurse practitioner can be sued and held responsible for your injury just like you could sue a doctor.

Does a Nurse Practitioner Work on Her Own?

Yes. Nurse Practitioners can work independently without the supervision of a licensed medical doctor.

What Types of Malpractice Can a Nurse Practitioner Commit?

Medical errors
Failure to obtain an appropriate medical history
Failure to diagnose a medical condition
Delay in diagnosing a medical condition
Providing the wrong diagnosis
Failure to treat

Who do I Need to Sue to Protect My Legal Rights When a NP Commits Medical Malpractice?

When a NP commits medical malpractice, you need to ensure you take appropriate legal action against the NP who injured you and the hospital, medical practice, or medical clinic that employed the NP. The hospital, medical practice, or medical clinic that employed the NP is also liable for the injuries the PA caused you because they vicariously liable for the NP. Under the laws of Arizona, if an employee (like a NP) causes an injury, the employer is responsible for the acts of the employee who is acting within the scope of their employment.

If you believe a NP has committed medical malpractice against you or a loved one you need to contact an experienced medical malpractice law firm. For a free consultation contact us by clicking on this link, or call Snyder & Wenner at 602-224-0005.

What To Know About Physician Assistant Malpractice

snyder-wenner · Mar 25, 2020 ·

As doctors and hospitals in Arizona look to maximize profits, they are turning more and more to “mid-level practitioners” to help see patients and bill. One such practitioner is a Physician Assistant, or “PA.” A PA can be sued and held responsible for your injury just like you could sue a doctor. A PA is a licensed professional who has less medical education and training than a doctor but can still diagnose, treat, and prescribe most medications. While PAs allow doctors to see more patients each day (and thus bill more), they often have difficulty knowing their limits. Because of this, they can cause serious, life-threatening injury, and even death. This blog addresses some of the common questions regarding physician assistant malpractice.

Do Physician Assistants Work on Their Own?

No. PAs are required to work under the supervision of a licensed medical doctor. In certain places, a licensed medical doctor doesn’t need to be physically present in the same building as the PA who is treating you. However, the PA must be in frequent contact with a supervising licensed medical doctor about how the PA is treating you and your symptoms.

What Type of Malpractice Can a Physician Assistant Commit?

Because they have less education, training, and (often) experience, physician assistants are more prone to make errors that a doctor would not have otherwise made. These types of negligence can include:

Medical errors
Failure to obtain an appropriate medical history
Failure to diagnose a medical condition
Delay in diagnosing a medical condition
Providing the wrong diagnosis
Failure to treat
Prescribing medication they are not allowed to prescribe

Who Do I Need to Sue to Protect My Legal Rights When a PA Commits Medical Malpractice?

It’s as simple as 1, 2, 3.

The PA who injured you.
The licensed medical doctor who supervised the PA.
The hospital, medical practice, or medical clinic that employed the PA and licensed medical doctor who supervised the PA.

The licensed medical doctor is subject to liability for injuries caused by a PA. That supervising licensed medical doctor is responsible for all aspects of the performance of a PA. If the PA injures you, the licensed medical doctor is liable for the acts of the PA too.

The hospital, medical practice, or medical clinic that employed the PA is also liable for the injuries the PA caused you because they vicariously liable for the PA. Under the laws of Arizona, if an employee (like a PA) causes an injury, the employer is responsible for the acts of the employee who is acting within the scope of their employment.

If you believe a PA has committed medical malpractice against you or a loved one you need to contact an experienced medical malpractice law firm. For a free consultation click this link to contact us, or call Snyder & Wenner at 602-224-0005.

Birth Injury – Cerebral Palsy

snyder-wenner · Jan 29, 2020 ·

A birth injury, like cerebral palsy, is one of the most devastating things a family can go through. The birth of a child should be one of the happiest times in a person’s life. If a birth injury occurs, that moment of happiness and joy will be crushed. This is especially true if the injury, like cerebral palsy, is due to doctor and/or nurse error.

What Causes A Birth Injury Like Cerebral Palsy?

There can be many causes of a birth injury. It can be the result of physical pressure during the birth process. This is often due to an issue that occurs when the baby is moving through the birth canal. If the baby becomes stuck, a nerve injury can occur. This usually affects the shoulders, as the doctor may need to forcefully pull the baby to get him or her through the canal. More serious injuries can also occur, though. For example, if the baby’s head becomes stuck, or if the umbilical cord wraps around the baby’s neck, the baby can lose oxygen. Unlike an adult, who can hold his or her breath for a long period of time, babies are unable to do so. If a baby is without oxygen for too long it can result in brain damage. This condition is called cerebral palsy.

What Injuries Does It Cause?

A baby who has cerebral palsy will typically have problems with muscle tone, movement, and motor skills. The child may not be able to sit up on his or her own. There may be difficulty holding a bottle or a toy. Speech can be affected. The greater the brain damage, the greater the deficit. This type of birth injury is something that will affect a child for his or her entire life. This not only impacts the quality of life for the child, but it also will lead to overwhelming medical bills.

A birth injury like cerebral palsy is almost always preventable. Nurses must be on high alert for any potential problems with the baby’s heart rate. A decreased heart rate can mean the baby is not getting the oxygen it needs. If this happens, the nurses must notify the doctor. The doctor then may have to perform an emergency c-section to deliver the baby before he or she sustains brain damage. Emergency c-sections can be completed very quickly, and can prevent injury.

n affected by birth injuries in Phoenix, Scottsdale, Mesa, Tucson, FLagstaff, and all the surrounding cities in Arizona.

What Is a Wrongful Death Case?

snyder-wenner · Oct 31, 2019 ·

We often hear the term “wrongful death,” but what does it really mean? This blog will explain what a wrongful death is and why it may lead to a medical malpractice lawsuit.

A 2016 study from Johns Hopkins University found that more than 250,000 people die each year from medical malpractice (or medical error). Other studies have found that number is actually more than 400,000 people. Either number makes medical malpractice the 3rd leading cause of death in the United States. Each of these deaths is considered a “wrongful death” because it was preventable. Under Arizona law, a wrongful death case is when the surviving family (parents, spouse, and/or birth children) file a lawsuit to hold the doctor, nurse, hospital, urgent care center, etc. accountable for their loved one’s death. In other words, a wrongful death case is one type of medical malpractice case. It can also be a products liability case (when a dangerous product kills someone), a personal injury case (deadly car accident, truck crash, etc.), or any other type of negligent harm that resulted in a person’s death.

To prove a wrongful death case arising from medical malpractice, the plaintiff (family) must prove that the healthcare provider was negligent (did something wrong), that the negligence was a cause of the death, and the damages caused by the death. Without all three links in the chain, a case cannot be filed. As the lawyer, it is our job to prove each part of the case. First, we have an expert in the same field as the healthcare provider review the records. He or she tells us if the defendant did anything wrong (was below the standard of care). We then either use the same expert or a doctor in a different specialty to say whether the negligence was a cause of the person’s death. There can be many causes, but the negligence just has to be one of them. Finally, we have to prove what the family’s loss is. Was the person working? If so, his or her lost wages for the rest of his/her working life are part of the case. Did the person work around the house (cook, clean, etc.)? That is also part of the case. Those are called “special damages” because they have a specific dollar amount connected to them. The other part is “general damages,” which is the family members’ loss of love, companionship, enjoyment of life, etc. caused by the person’s death. Each family member has his or her own claim for general damages. We spend hours with each family member to see how the death has impacted his or her life. Once all three links are proven, we file the wrongful death lawsuit.

Wrongful death cases are important because they hold doctors, hospitals, urgent care centers, and all other healthcare providers accountable for their conduct. WIthout this check and balance, there would be no repercussions for negligence, and healthcare providers would be free to act however they wanted. Snyder & Wenner has over 85 combined years of experience representing families in medical malpractice and wrongful death cases. Contact us today by clicking here or by using the form below for a free consultation.

World Patient Safety Day – September 17, 2019

snyder-wenner · Sep 16, 2019 ·

As medical malpractice attorneys, we take our job very seriously to protect patient safety. Every case we take, every settlement and verdict we obtain, is to take one step closer to protecting members in our Phoenix community from medical negligence. The World Health Organization (WHO) is a specialized agency of the United Nations that is tasked with protecting international public health.

On September 17, 2019, the WHO is holding its first-ever World Patient Safety Day. Their global campaign is intended to “create awareness of patient safety and urge people to show their commitment to making healthcare safer.” According to their data, this campaign is needed due to the following, very troubling facts:

Adverse events due to unsafe care is likely one of the 10 leading causes of death and disability in the world.
In high-income countries (like the United States), estimates show that 1 out of every 10 patients is injured while receiving hospital care. Of these injuries, approximately 50% are preventable
134 million adverse events occur each year in hospitals, resulting in 2.6 million deaths each year.
Throughout the world, as many as 4 in 10 patients are injured in primary and outpatient health care. Of those injuries, approximately 80% are preventable
15% of hospital expenses are directly caused by treating patient safety failures

There is no question that medical malpractice incidents are on the rise. The only ways to combat this epidemic is to raise awareness on the issue and to hold the hospitals and doctors accountable for their errors. While many people may not agree with medical malpractice lawsuits, they are the only check and balance we have on this very dangerous system. Without lawsuits, hospitals and healthcare systems would run amok, and the number of wrongful deaths and catastrophic injuries would be even higher.