Is a doctor held liable for a nurses mistake?

Medical malpractice is an unfortunate reality in today's medical world. Although we see a multitude of medical professionals when we enter treatment it is difficult to decide who might actually be responsible for a nurse's mistake. Medical malpractice where a nurse is concerned is the actions or lack of actions of a nurse outside the standard practices which result in injury or death of a patient.

When a nurse makes a mistake which equates to medical malpractice: is your doctor responsible? Or is the hospital responsible?

The answer can actually be either. The responsible party depends on the mistake and the circumstances that surround the mistake. A nurse is often employed by a hospital or a private physician's office. If the nurse commits medical malpractice fulfilling a job duty of a hospital she is an employee of and an independent doctor is not supervising or in control of the nurse the hospital will be responsible for the medical malpractice.

Conversely, if a nurse is in direct supervision of a doctor or a doctor can actually prevent the injury or death from occurring then the doctor may be held liable for the nurse's mistake. There is usually a question between the doctor and hospital's insurance companies of whether or not a nurse was actually being controlled by the doctor and this will depend on the actual circumstances. Of course if a nurse is working in a private physician's office she will most likely be considered to be under the control and supervision of that doctor

Exposure to Asbestos at Work

There are a wide variety of occupational situations where a worker may be exposed to dangerous levels of asbestos.

Shipyard Workers and Navy Veterans

It is very likely that shipyard workers and Navy workers who worked between World War II and the Korean War were exposed to asbestos at some point, often at very harmful levels. Asbestos was used in many parts around ships because of its ability to resist corrosion and high temperatures. It was used for insulation around incinerators, boilers, steam pipes, and hot water pipes. Because these areas were often inadequately ventilated, asbestos dust built up around them and was often breathed in by the people working on and around the ship. This extends beyond the shipbuilders, but also to the crews who worked on the ship, and those who loaded them regularly. Due to this exposure, many workers carry a greater risk to developing Mesothelioma or other asbestos-related lung problems.

Brake Mechanics

Another occupation that could of had regular exposure to asbestos are brake mechanics. Asbestos was used in brake pads and the linings around it for many years, and can still be found in older cars that are on the roads. Over normal use of brakes, asbestos can begin to break down and is either released into the air, or gets trapped in the clutch space or brake housing. When the latter happens, the asbestos is released when the brakes are repaired or replaced. Those who regularly repaired these brakes are at a high risk for asbestos exposure. Most standard shop procedures used to minimize brake dust are ineffective on asbestos, and only succeed in spreading it further.

Construction Workers

Construction workers from all over the field can be at risk for asbestos exposure. They can come into contact with it during remodeling, maintenance, or demolition of buildings. Asbestos has been used as an insulator in many different forms, ranging from shingles to electric pipes. Those who work directly with insulation are often at a great risk of exposure, as asbestos was used in many different forms. However, many other workers are also at risk of exposure. Sheet metal workers can be exposed to asbestos in shingles and tiles, or to asbestos insulation while installing their product. Plumbers and pipefitters were often exposed to asbestos-cement pipes and asbestos insulation around the pipes, as well as being used to fill in cracks on the pipes. Electricians could have been exposed to asbestos-containing pipe, or insulation for either buildings or electric wire. Dry wall products such as joint compound contain asbestos, and can be inhaled by Dry Wall Installers while they are mixing and sanding the walls.

Textile Manufacturing Plant Workers

Among the many other uses of asbestos, it used to be woven into cloth to act as a protective against heat and flame. Those who worked in the plants that did this work were regularly exposed to asbestos, as it would often flake off and be breathed in by the workers. During the process of asbestos being woven into the clothing, it first had to be crushed by a huge machine, then worked into fibers. Any workers who worked with and around these machines were subject to great amounts of asbestos exposure. As the fibers were worked into the cloth, much of it became airborne and was breathed in by any workers throughout the plant.

The Only Known Cause of Mesothelioma and Your Legal Options

What is Mesothelioma?

Mesothelioma is a cancer that can develop in the linings protecting our internal organs, called the mesothelium. Mesothelioma usually develops in one of three places: the pleura, or the lining of the lungs; the peritoneum, or the lining of the abdomen; or the pericardium, or the lining of the heart. The only known cause of mesothelioma is exposure to asbestos. The victims of mesothelioma usually are workers who were exposed to asbestos in the workplace. Members of the worker’s family can also suffer from secondhand asbestos exposure.
Asbestos Exposure at Work

In most cases, mesothelioma is a disease contracted at work. People typically experience asbestos exposure while employed at the following risky occupations:

Steel workers
Power plant workers
Chemical plant workers
Utility workers
Millwrights
Plumbers
Insulators
Mechanics
Pipefitters
Drywallers
Carpenters
Electricians
Laborers
Iron workers

Some of the common asbestos exposure sites in Michigan include Dow Chemical Midland, Consumer Power plants, Detroit Edison power plants, McLouth Steel, Great Lakes Steel and Ford Rouge steel plants.
Exposed Worker’s Families Can Also Be Affected

Unfortunately, workers who are exposed to asbestos can spread secondhand mesothelioma to their families. Asbestos fibers stick to clothes and fabrics and can be brought from the factory into the worker’s home, where it can expose the entire family to the dangerous substance.

To further complicate the situation, mesothelioma often takes decades to reveal itself. A diagnosis of mesothelioma can occur 20, 30, 40, or even more than 50 years after the initial exposure took place.
How an Experienced Lawyer in Mesothelioma Cases Can Help

Lawyers experienced in mesothelioma are familiar with the products that cause the disease and know the companies involved in mesothelioma cases. An experienced attorney knows how to find the companies contributing to the asbestos exposure and can establish liability in seeking compensation beyond workers’ compensation benefits.
What if the Liable Company Has Gone out of Business?

Due to the delayed effects of mesothelioma, victims often were exposed to asbestos decades prior. Over those many years, businesses have closed, memories have faded, and evidence has disappeared. This causes many victims of asbestos-related diseases to grow concerned about their legal options.

Experienced mesothelioma lawyers can overcome these obstacles to get compensation for mesothelioma victims. Despite many businesses closing over the years, some are still open in different forms. Others may have set aside trusts for victims of asbestos exposure. Although memories grow hazy and evidence disappears over time, attorneys experienced in asbestos exposure cases have encountered these issues before and have proven methods to overcome such barriers.

About the Author

Mr. Gene Zamler is the founder of the law firm of Zamler, Mellen & Shiffman. He has been a practicing partner for 41 years, with expertise in Michigan personal injury law. Contact our Michigan Mesothelioma lawyers. At Zamler, Mellen & Shiffman, PC, we know how to use the law to pursue compensation for people who have been diagnosed with this disease. We have helped over 150,000 people and recovered hundreds of millions of dollars for our clients in personal injury cases.

When to Talk to a Lawyer About Your Mesothelioma Case

Diseases Related to Asbestos Exposure

Asbestos and Mesothelioma Lawsuits: The Discovery Process

Mesothelioma Legal Options Overview

Mesothelioma is a form of cancer caused by asbestos exposure. When asbestos-containing products are moved or disturbed, microscopic fibers are released into the air and subsequently inhaled into the lungs. Though mesothelioma is sometimes called "lung cancer," this is not entirely accurate.

Asbestos Related Illnesses

Asbestos can cause both lung cancer and mesothelioma, and the two diseases have similar symptoms, but only lung cancer actually affects the interior of the lung. Mesothelioma, on the other hand, is a cancer of the lining of the lung. It can also affect other parts of the chest, abdomen, and heart.

Mesothelioma is relatively rare. Approximately 3,000 new cases are diagnosed every year, compared to 220,000 new cases of lung cancer. Mesothelioma can be slow to develop, and many of those people diagnosed with mesothelioma have not been exposed to asbestos for years.

(For more information, see Diseases Related to Asbestos Exposure)

History of Asbestos and Mesothelioma Cases

The asbestos industry knew of health risks by the 1930s, and the first asbestos-related death occurred in 1906. The industry managed to hide this information from the public for several decades, however, leading to countless cases of mesothelioma. Asbestos manufacturers who knowingly exposed workers to the substance after its health risks were known have millions of dollars earmarked for future settlements.

Legal Options for Victims of Asbestos Related Illness

A mesothelioma lawyer may be able to help you obtain financial compensation for your condition. Specifically, he or she may be able to help you recover for medical treatment, lost wages, and pain and suffering. Your family members may also be able to recover certain damages. An experienced attorney will guide you through the mesothelioma lawsuit and discovery process to obtain evidence to make a strong case.

If you have been exposed to asbestos in the past, you may be at risk for developing mesothelioma. Watch for signs like pain or fluid in the chest, trouble breathing, wheezing, coughing, weight loss, and fatigue. These could be indicative of an undiagnosed case of mesothelioma. Contact a doctor immediately.

Because these symptoms can overlap with the symptoms of lung cancer, be sure to tell your doctor about your past asbestos exposure. This will help ensure a correct diagnosis and make sure you get the treatment you need.

You have probably seen other mesothelioma lawyers advertising their services. Many of these big advertisers are actually national law firms that want to group you into one large class action lawsuit. Although there are some advantages to this approach, many people diagnosed with mesothelioma prefer personal one-on-one contact with a mesothelioma lawyer.

For a free evaluation of your unique situation, please contact an attorney who specializes in mesothelioma cases.

Living in the Long Run: Brain Injury Causes, Treatment and Lawsuits

The History of Asbestos

Asbestos derives its meaning from the Ancient Greeks, meaning "inextinguishable," because of its harmful biological effects. A person who is exposed to asbestos may contract a disease known as asbestosis. This respiratory disease scars the tissue in the lungs. The lungs are prevented from freely exchanging gases, as well as, expanding and contracting properly.
Additionally, Lung Cancer or Mesothelioma can develop. Lung Cancer and Mesothelioma are highly aggressive diseases that are usually the result of exposure to asbestos that has occurred over a long period of time. Treatment options are expanding but there is currently no cure.

Discovery of the Harmful Effects of Asbestos

Asbestos was first diagnosed in 1924 when a young woman died in her twenties after being exposed. Eventually, studies performed on English workers showed that asbestos presented a real risk and exposure could cause sickness and even death.
Unfortunately, the United States did not act on this information immediately. Workers continued to be exposed to this harmful substance and it would be years before the extent of the damage was know. This harmful substance particularly affected workers in specialized occupation including Naval Veterans, fire-fighters, shipyard workers, brake mechanics, steam fitters and construction workers.
People who have worked in these occupations may be particularly vulnerable to contract asbestosis or another asbestos-related disease because they were often in close contact with it.

Failed Prevention of Injury

However, much of this damage was preventable because the manufacturers of asbestos knew that his product was dangerous. They are responsible for the suffering of this product because they continued to produce it for many years, knowing the damage it would bring. They quickly grabbed profits while the workers would suffer in the long-term.

Injury Liability of Manufacturers

Asbestos became very popular due to its ability to insulate buildings and products. The courts have recognized that the asbestos manufacturers are responsible, requiring them to provide compensation to the victims and their families.

Toxic Tort Lawsuits

Victims of asbestos have a right to file a lawsuit against the manufacturer. They are at fault for the damage and the pain asbestos victims suffer. These types of chemical exposure injury cases are extremely complicated, and often require a great amount of scientific data to establish a link between the exposure and the damage to the victim.
While many cases will settle out of court, it is imperative that every lawsuit be prepared as if a court trial were imminent. Several law firms such as ours have focused primarily on these cases and that expertise has become a powerful tool to help victims and their families build a strong case and get compensated accordingly.
If you or a loved one has been diagnosed with a type of Asbestos, Lung Cancer or Mesothelioma disease, call our office at (631) 543-3663, for a free case evaluation. Our attorneys are well-prepared and have handled over 1,200 asbestos cases and over 100 lung cancer cases.