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One of the most common types of malpractice cases comes out of a doctor or nurse not doing something that they should have done.

Examples of this include:

Failure to render care
Failure to diagnose
Failure to order necessary tests
Failure to report test results
Failure to treat
Infection diagnosis and management
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A failure to do something can, and often will, be negligence, because harm to the patient flows from the lack of treatment.

A failure to diagnose or report a suspicious mass on an x-ray may result in cancer going untreated. Failure to order tests after giving a new medication may result in a complication going undiagnosed and untreated for a long period of time.

The most common form of this type of malpractice is the failure to diagnose a condition. When signs and symptoms should lead to certain tests being ordered, and they aren’t, conditions can go undiagnosed with devastating consequences. Or the proper tests can be run, but the doctor fails to appreciate the significance of the test results.

If you believe that a doctor has failed to act, and question whether you may have a malpractice case, contact us to discuss.

Prosecuting a medical malpractice case is expensive. Very expensive. In order to bring a case to trial, tens of thousands of dollars will be spent on medical records, advanced medical research, medical record review, expert witnesses, depositions, trial exhibits and a hundred other things.

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A typical “simple” medical malpractice case is more expensive and more complex than almost any other type of personal injury claim. A “simple” medical malpractice case can cost $40,000, $50,000 or more to bring to trial. And that isn’t including attorney’s fees for the patient.

In order to bring a case, it must be economically viable. That means, the ultimate value of the case, when weighed against the cost to bring the case, and the hundreds, and sometimes thousands, of hours spent by the attorney in prosecuting the case, must weigh in favor of pursuing the case.

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In order to justify the substantial expense, and risk, associated with bringing a malpractice case, an attorney must weigh the strength of the case, meaning how clear the malpractice is, against the cost to pursue the case and the ultimate potential recovery. It makes no sense to bring a case where the attorney’s contingent fee and expense refund take up all or most of the potential recovery.

The bottom line must be whether or not the client is going to recover enough money to justify the time, expense and emotional cost associated with prosecuting a medical malpractice claim. That calculus will vary from attorney to attorney based on many factors, but it will be a consideration in deciding whether to pursue a claim or not.

The bottom line is, there really is no such thing as a “simple” medical malpractice claim. That is why your choice of attorney is so important. If you believe you have a medical malpractice claim, please contact us at Hendrickson Law.

Medscape reports that medical malpractice rates in three bellwether medical specialities are essentially flat in 2015, meaning there is little increase or decrease in the rates.

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Rates for obstetricions/gynecologists, internists and general surgeons are essentially unchanged from 2014. Given that malpractice suits are on the decline, this shouldn’t come as a surprise, but in the past market forces have shown that actual malpractice lawsuit numbers and insurance rates have little correlation.

If you have questions regarding malpractice, please see .

You may not realize it, but our active duty military have virtually no recourse if they are the victim of medical malpractice by a U.S. military physician or health care provider. This is called the Feres Doctrine and has been the law since a 1950 U.S. Supreme Court case, Feres v. United States.

Well, now the U.S. is trying to expand the Feres Doctrine to include the spouses and family members of U.S. Military. That’s right, they are trying to get the Court’s to agree that, basically, U.S. Military physicians cannot be held responsible for any malpractice. You can read a detailed report in The Atlantic.

I’m sorry, this is just wrong. I’ve always thought the Feres Doctrine was wrong, but at least the argument existed that, as a member of the military, you were giving up certain rights in exchange for certain benefits. The families of U.S. Military don’t make those decisions. And to treat the military members, let alone their families, as if they are undeserving of the best medical care and a means to hold someone accountable if they don’t get it, its just wrong. Wrong. Wrong. Wrong.

The Kansas City Star is reporting on the changes in recent Federal regulations that prohibit journalists and others from using information contained in public databases to identify physicians with dozens of instances of medical malpractice and violations of drug regulations. You can read the full story here.

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The Star describes a physician, known only as “Practitioner 222117″ who may be the most frequently disciplined doctor in America. I’m jaded. Doing what I do, I’ve seen many instances of hospitals and practices covering up bad doctors. I thought I couldn’t be shocked anymore. This shocked me:

According to the Star’s review of the Federal database, Practitioner 222117, in just a 4 year span from 2002 through 2006, had his (or her) license suspended or revoked in 20 states and the District of Columbia! Two professional societies took away his memberships. The Department of Health and Human Services banned the doctor from billing Medicare and Medicaid. And the Drug Enforcement Administration revoked the doctor’s permit to prescribe controlled drugs. For most of that time, his home base was Missouri.

And yet, federal regulations prohibit the Star from cross-checking records and identifying this “doctor.”

Other physicians which reporters are no longer allowed to identify:

A surgeon who lost or settled 247 malpractice cases in California in the 1990s.

A doctor who had drug or alcohol problems and has been in and out of trouble since 1991 with hospitals and licensing boards in at least 5 states.

A Missouri doctor whose staff privileges were suspended or reduced by hospitals 7 times and voluntarily surrendered hospital privileges on 4 other occasions.

And HHS is publishing rules to prohibit anyone from using their database to identify and out these people? Are you kidding me?

This is why I do what I do. At least on a case by case basis, I can help someone get justice.

/STLMedical Malpractice.com

HendricksonLaw.com