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Gynecology Malpractice in Prescribing Oral Contraceptives

Oral contraceptives, or birth control pills, operate by altering the hormonal structure of the body. For this reason, they have more side effects than other forms of contraception. Therefore, the decision to use birth control pills should only be made after the physician takes a careful history, does a thorough examination, and discusses all possible risks with the patient. Due to the nature of oral contraceptives and the possibly of adverse effects, informed consent is crucial.

Medical Malpractice Actions under the Federal Tort Claims Act

Generally, there is a waiver of liability for the malpractice committed by employees of the United States government pursuant to the Federal Tort Claims Act (FTCA). The government is substituted for the physician as a party in medical malpractice actions, and the remedy against the government is exclusive. The federal courts have sole jurisdiction in cases under the FTCA, and a judge without a jury tries them.

Obtaining Medical Records in Medical Malpractice Cases

A medical malpractice claim is based on an alleged injury to a patient, and the patient's medical records are needed to either prove or disprove the claim. Early in the case, it is often wise to obtain all medical records, including those of prior illnesses and injuries, even if they do not seem relevant to the claimed injury. Numerous hospitals, clinics, and physicians may hold these records.

Dermatology Malpractice

Even physicians who practice dermatology may be liable for damages to a patient caused by their medical malpractice. Studies indicate that most malpractice claims result from the most common types of clinical situations, not the more exotic procedures.

Malpractice Arising from Bad Surgical Techniques

When an operation is unsuccessful, the injured patient and his or her family may seek to blame the physician. It certainly is tempting to look to the surgeon's technique when the patient's injury is the result of inadvertent cutting, tearing or crushing of tissue, or hemorrhaging from poorly tied blood vessels. Frequently, it is the bad technique of the surgeon that is responsible for the mishap, but that is not always the case.

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