Medical Malpractice and Surgical Errors

Medical Malpractice and Surgical Errors

May 26

Medical professionals have licenses to prove their competence and to ensure their patients that they are in the right hands. But sometimes, even the most competent medical professional commits mistakes. These mistakes can be legitimate errors because the medical industry is inherently complicated. But they can also be preventable errors that only happened because of recklessness, negligence, or outright incompetence.

Medical Malpractice

According to the website of Karlin, Fleisher & Falkenberg, those who have been hurt because of medical malpractice may have legal options, such as making the medical professional involved accountable. But when does medical malpractice occur?
Medical malpractice occurs when there is a direct professional-patient relationship, the professional has the duty of care for the said patient, the duty of care has been breached because of action or inaction, and the breach has resulted into the harm of the said patient.

Surgical Error

Medical malpractice may happen in any aspect of the medical industry, but arguably the most dangerous aspect of all is surgery. This is because surgery errors may result into permanent injuries, complications, and even deaths. Below are the most common errors in surgery.

  • Anesthesia Error – Too much anesthesia may result into asphyxiation and brain damage, while too little anesthesia may result into compromised effectiveness and unimaginable pain during surgery.
  • Foreign Objects – Leaving foreign objects in the body can lead to infections and severe pain. The most common objects left in the body are surgical tools, even though this can be easily prevented by properly checking materials before and after surgery.
  • Nerve or Organ Damage – Nerves and even entire organs are particularly vulnerable during surgery, as even a slight misuse of a scalpel can cause cuts and punctures. On the worst instances, these errors result into permanent disabilities and deaths.
  • Wrong-site Operation – Operating on the wrong body part is so incompetent that it is laughable, but it’s not so laughable when you realize that they do happen, resulting into wrongly amputated legs and wrongly extracted kidneys.
When Does DUI Become A Felony Crime?

When Does DUI Become A Felony Crime?

May 01

In most instances, driving under the influence (DUI) is considered a misdemeanor charge. However, there are certain cases when DUI can become a felony charge. When the charge is raised, it usually carries stiffer penalties and sanctions. According to the website of Kohler Hart Powell, SC, DUI charges can have serious and long lasting consequences.

In order for DUI to become a felony, there are certain factors that should be met. It is worth noting that the rules for what does and what does not constitute felony varies from one state to another. Thus, you should be aware of the laws and procedures for more information. Here now are some of the instances when DUI becomes a felony.

Elevated Blood Alcohol Concentration

The current BAC limit for every state is 0.08 percent so if you exceed that limit, you will be charged with DUI for violation of the law. If your blood alcohol content exceeds the elevated level set by law which is usually .16 percent, then your DUI becomes a felony.

Bodily Harm

In some states, DUI becomes felony if the driver causes bodily harm to another person. In other states, the prosecutors can decide whether DUI that causes bodily harm can be charged as a misdemeanor or felony. Still, there are other states where the plaintiff must prove that the defendant caused the injury. If another driver runs into the defendant while at a stop sign and gets injured, the intoxicated driver did not cause the bodily harm so DUI remains a misdemeanor.

Previous Convictions

If the defendant has been convicted several times for DUI within a certain period of time, then he will be charged with felony DUI. The number of previous offenses and the time period will vary from one state to another.

Children in the Vehicle

In some states, there is a law that elevates DUI to felony when there are children on the vehicle. The law was enacted after 11-year old Leandra died when her friend’s mother crashed her car while driving under the influence. Known as Leandra Law, the rule applies when a child less than 15 years old is involved in the accident.

Driving with a Restricted, Suspended, or Revoked License

In some states, DUI is elevated into felony if the offense is committed while the defendant has a restricted, suspended, or revoked license.