Although medical misdiagnosis is one of the most common forms of medical malpractice, the vast majority of instances of misdiagnosis of an ailment by a doctor go uncontested. Because it is necessary in a medical malpractice case to prove that the negligence of the doctor led to serious injury or death, if the misdiagnosis did not cause any substantial injury there is no way to win a lawsuit. But there are certain diseases and disorders which are very virulent and fast moving for which misdiagnosis can prove to be deadly for the patient. One of these disorders is appendicitis.
The main reason doctors misdiagnose appendicitis is because the symptoms of the disease mimic symptoms of a variety of different disorders. Symptoms of appendicitis include:
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While many would not think that hospitals can be particularly unhygienic places, a poorly-run hospital can be responsible for any number of food-borne illnesses. The usual complaints about hospital food are that they are not necessarily tasty and that there aren’t many options. However, this does not mean that all hospitals run clean kitchens and cook their food properly. Bacteria such as Salmonella and E. Coli can affect any kitchen, regardless of its location, if the person preparing the food is not careful.
Most bacteria found in food that leads to food poisoning are the result of improper preparation. While one would think that a hospital, of all places, would be especially mindful of this threat, the individuals responsible for preparing meals are not doctors themselves. Instead, chiefs and cooks run the kitchen, like anywhere else, and can make the same mistakes that commercial cooks can make. If preparing poultry products, meat and eggs both need to be cooked at a high enough temperature for a long enough time to kill most bacteria. The same can be said for beef and pork products.
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There are limitations on the award given to a plaintiff in each legal case especially if it talks about malpractice acts if he or she wins. Though the plaintiff can enjoy the benefits given when he or she wins the case, the award is only limited. The medical malpractice caps are limited amounts of money received by plaintiffs who win legal cases. It also limits the amount of money being charged to the victim considering that the latter hires a lawyer to solve the case. Whether in what way the recovery is awarded to the plaintiff, these caps are applicable to all forms of arrangement of the case. These caps of malpractice can be an advantage to the persons involve of the malpractice because they can assure that the plaintiff can’t charged them with high amounts of money. Aside from that, these caps also are a way to make the victim recover from what damage has been done. Caps in malpractice acts are only cover factors that are for personal attachments such as inconvenience, suffering and pain or disfigurement. Thus, it is only applicable to direct contact foolishness such as malpractice activities.
Aside from mentioning these caps, debates and arguments rose among state laws why it exists since other states have no caps at all. There maybe some who are using it as an award to victims who are recovering from injuries they committed. Others only apply caps to corrective damages.
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