Medical Malpractice Lawsuits

Have you or a loved one's health recently been affected by the negligence or misconduct of a physician or medical staff? If so, you may be eligible to file a medical malpractice lawsuit in order to recover damages for your medical costs, lost wages, and pain and suffering.

Medical malpractice can take many forms, such as failing to diagnose a serious medical condition, misdiagnosis, adverse reactions, and anesthesia, surgical, and medication errors. It is important to note that not all medical errors constitute medical malpractice; thus, it is crucial that you speak with an experienced malpractice lawyer to determine if negligence has taken place and what your legal options are.

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Who Can File a Lawsuit?

Medical Malpractice Lawsuits

Malpractice lawsuits can be filed by an injured patient against a doctor, nurse, member of the medical staff, or psychologist who violates the state's medical laws. A hospital may also be named in your medical malpractice lawsuit.

Massachusetts Medical Malpractice Lawsuits

Massachusetts's statute of limitations regarding medical malpractice cases is three years from the discovery of your injury; therefore, it is important to consult with a Massachusetts medical malpractice lawyer as soon as possible if that is where your injuries occurred. The exception to the three-year statute of limitations is if you discover that a foreign object was left inside of you during surgery.

During a Massachusetts malpractice lawsuit, the defendant may not ask to have the liability reduced by claiming that the plaintiff's insurance already paid for some of the costs. This is known as the rule of collateral source.

In cases involving joint or several liabilities, each person who is deemed negligent is required to pay the entire amount that is determined by the judge. If one person is unable to pay, the other person must pay the entire amount.

In order to win your Massachusetts medical malpractice lawsuit, you must show that the other party was negligent or engaged in misconduct. It is important to hire a medical malpractice lawyer who has successfully handled cases similar to yours. An experienced attorney will know how to investigate your case in order to prove liability. If you win your case, you may be compensated for loss of income, medical bills, mental anguish, and other expenses related to your injury.

How a Medical Malpractice Lawyer Can Help

Insurance companies and hospitals will often attempt to settle quickly in order to avoid costly legal fees, however, the amount of compensation offered is usually far below what those injuries will cost you and your family in lost wages and medical treatment, not to mention the significant loss of quality of life that usually accompanies the serious medical conditions that often result from negligence.

A qualified attorney can help your family gather and examine medical records and other evidence, as well as call upon expert medical testimony to prove your case in court.

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For more information on filing a medical malpractice lawsuit in Massachusetts, visit http://www.TomKileyLaw.com.

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.

Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association. He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America's leading lawyers and law firms.

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Types of Medical Malpractice Insurance

One of the first elements attorneys consider in a malpractice case is the type of insurance the accused medical professional has and the liability coverage limits of the specific policy. Different insurance types and liability limits warrant different case strategies.

If you are considering filing a medical malpractice claim, you may find it helpful to know more about malpractice insurance and how it may impact your case. There are two primary types of medical malpractice insurance coverage: claims-made and occurrence coverage.

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Claims-made medical malpractice coverage

Types of Medical Malpractice Insurance

Similar to home or auto insurance policies, claims-made insurance policies cover malpractice that takes place during the policy period. Unlike traditional home or auto insurance, however, for a claim to be covered, it must also be reported to the insurance company during the active policy period.

If a claims-made malpractice policy is switched to a new carrier or canceled for any reason without provisions to extend coverage beyond the coverage period, no benefits will be paid, even if the act of malpractice occurred while the policy was in force. Instead, a medical provider could be held personally liable for the costs associated with your claim, without a liability cap.

Your attorney knows to explore the insurance coverage of the accused medical provider in your claim to determine exactly how coverage-or lack of coverage-may impact your case.

Occurrence medical malpractice policies

An occurrence policy insures for any incident that occurs while the policy is in effect, regardless of when a claim is filed, even if the policy has been canceled since the act of malpractice occurred. Occurrence policies take into account current and future claims of malpractice, although the limits of liability are those in effect when the incident occurred.

Under an occurrence insurance policy, your medical malpractice lawyer knows going into the lawsuit what the liability limits will be in your case and plans the strategy of your case accordingly.

How does malpractice coverage work?

Imagine an incident of malpractice occurred on July 1, 2004. The treating physician became aware that there may be a possible claim on July 1, 2005 and notified the insurance carrier then. On July 1, 2006, a medical malpractice claim was filed.

• An occurrence policy in effect on July 1, 2004 would cover the claim, despite when the actual lawsuit was filed or notification made to the insurance company.
• A claims-made policy in effect on July 1, 2006 would cover the claim, as long as the retroactive date is no later than July 1, 2004.
• A claims-made policy in effect on July 1, 2004, but terminated as of July 1, 2005 would deny the claim because the active coverage period ended before the claim was reported to the insurance company. If the physician did not purchase "tail" coverage to extend the provisions of his malpractice insurance of 2004, the physician may become personally liable for the costs associated with this malpractice claim.

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The intricacies of medical malpractice insurance can be complex. Experienced Chicago medical malpractice lawyers are your best resource to assess the merits of your medical malpractice claim.

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Dental Malpractice

Malpractice committed by the dental health care providers is called dental malpractice. It is expected of Dentists and Oral Surgeons to ensure a decent standard of care while giving dental services to the patients. The standard of care is measured on the service provided by other professions in the same geographical area or practitioner specializing in the dental field. Like the doctors and physicians, the dentists and oral surgeons have to treat their patients who trust their services and duties. But when the dental professionals breach their duty, inflicting injury, damage and loss, dentists and oral surgeons commit dental malpractice - for which they can be sued by the patients. For instance, if a patient who approaches the dentist with a tooth ache finds himself losing sense in the tongue due to some mistake made by the dentist, he has the right to question the malpractice and register a complaint against the practitioner.

Often the patient or client tries to resolve the issue by informing their dentist first. Still if they are not satisfied with the remedial steps taken by the dentist, the client can file a case against the dental professional for their negligence or dental malpractice. The damages caused to the patient may be temporary or permanent, affecting the nerves of tongue, mouth, chin, lips, or of course teeth. The patient may hold the dental professional responsible if they fail to detect oral cancer or injure the patient in surgery. Thus the complaints often vary from services or fees paid for improper treatment.

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A dental practitioner maintains the record of his or her patient, along with their case history, before proceeding to treat the patient for dental care. If the patient feels that damage has been caused in the process of treatment, then he or she can take actions with the help of their attorney. The attorney, an expert in the field, evaluates the case as being valid to recover the damage. The patient may even place a complaint with the State License Board. The license boards, on the other hand, will review and begin investigations based on the complaint received. In such a situation the dental practitioner can face suspension, fee restitution, fine, and even revocation of license.

Dental Malpractice

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Malpractice provides detailed information about malpractice, legal malpractice and more. Malpractice is affiliated with Atlanta Personal Injury Lawyers.

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Medical Malpractice Law in Nevada

Nevada is one of the best places to visit in the world. We all know that medical malpractice is spreading pretty quickly. The United States of America is severely affected by health malpractice; especially the state of Nevada has a large number of malpractice victims. We all need to fight against this social evil. So, if you are suffering from medical malpractice in Nevada then you must file a suit against the accused medical professional.

Medical malpractice is the medical negligence of a health care provider while providing treatment to a patient that causes the patient a certain injury. Medical malpractice occurs due to the decline in the standard of medical care. Nevada has placed various restrictions against medical malpractice. All the malpractice actions in Nevada must be brought within four years from the date of action accrued or within two years from the date the injury was discovered.

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The state had adopted the principle of modified comparative negligence. There is a limit on non - economic damages in Nevada. Punitive damages are allowed in this state. There is proportionate liability for all the defendants in the state of Nevada. There are no special restrictions on the expert testimony in this state.

Medical Malpractice Law in Nevada

A health care institution in Nevada may be held liable for the wrongful deeds of a non - employed health professional. Attorney fees are restricted to, 40% of the initial ,000.00, 1/3rd of the next ,000.00, 25% of the next ,000.00 and 15% of any recovery over 0,000.00.

There is no cap on damages in Nevada. Periodic payments are not required in this state. There is no patient compensation fund or state - sponsored liability for physicians in Nevada. It is vital for you to get your claims reviewed or arbitrated by an expert panel before the actual complaint is filed. Then a settlement conference takes place.

Hiring a specialist attorney in malpractice cases is very important. If you want to get your compensation then you must appoint a professional lawyer. Hiring a lawyer could be a bit expensive. So, if you are a victim of medical malpractice then contact a legal representative now. Don't forget to go through this article once.

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Understanding Apraxia

Brain injury can manifest in multiple ways depending on where the injury is located or how that injury develops. As a result, losses can occur in areas that are considered contributors to major human functions. This can lead to a loss of speech, feeling, desire, or the basic motor abilities that humans almost unconsciously perform. The inability to complete basic actions is also known as apraxia, and has far-reaching complications.

The most widely reported type of apraxia is known as ideomotor apraxia. This disorder is characterized by the inability to complete a certain motor command, which is perhaps the simplest form of apraxia. This damage can then be divided according to the loss of motion. A lack of motor commands from arms and legs is known as limb apraxia, while buccofacial or nonverbal-oral apraxia governs the face.

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While nonverbal-oral apraxia equates to the inability to complete commands related to the face, there is a separate disorder that affects spoken communication. Verbal apraxia affects the parts of the brain necessary for speech production. In particular, this may disrupt the tongue and throat, which are instrumental to creating speech. While it seems related, this inability to create clear words should not be confused with aphasia. Aphasia does not affect motor commands, but impedes language mentally.

Understanding Apraxia

Finally, apraxia can target very specific motor commands that link to more complex brain functions. If a certain area of the brain is injured, a person may not be able to draw certain shapes. Similarly, a person may find their ability to plan out multiple actions is clouded and ineffectual in actually achieving those goals.

Brain damage can cause an otherwise fully cognizant and intelligent person to simply become incapable of doing a very basic action. The root causes include a large number of different factors, which may be the result of a poor procedure performance or improper treatment solutions. For more information about how these injuries develop, contact a medical malpractice attorney.

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If you have suffered because of the negligence of a healthcare worker, you may be entitled to pursue legal action. Contact the New Jersey medical malpractice attorneys of Levinson & Axelrod today.

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Punitive Damages in Medical Malpractice Cases

Not all patients who file medical malpractice lawsuits are successful in their goal of being compensated by the health care provider in the proper amount that they want. The reasons are not all those who file complaints are able to prove negligence on the part of the doctor, nurse or health care facility and the courts limit the amount of damages awarded to malpractice victims. Courts are very meticulous when it comes to analyzing evidence and they require the presentation of strong and concrete evidence for every case they handle.

What happens then to patients who feel they were deprived of their right to safe and proper health care? The court can grant punitive damages which are non economic in nature apart from the compensatory damages award. However, these are only allowed in cases where the plaintiff can provide clear proof of misconduct by the health care provider involved. In other words, the plaintiff needs to establish that there was indeed an intention to cause harm or the defendant was reckless in its duty to provide safety to patients.

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If you're a patient who felt neglected while undergoing treatment in a hospital or were not given the proper medical care you were seeking during an emergency, you can consult a medical malpractice lawyer to help you understand this matter. An attorney whose specialization is in handling medical cases will be able to assist you in the legal process should you decide to file a lawsuit.

Punitive Damages in Medical Malpractice Cases

The goal of punitive damages is mainly to encourage reform notably in the behavior of the defendant and prevent the occurrence of the same mistake in the future. No monetary compensation will be granted in this case unlike those seeking compensatory damages.

Additionally, the court may decide to carry out punitive damages in cases where compensatory damages may not be a sufficient solution to the misconduct done by the defendant and to the personal injury suffered by the plaintiff. Courts can punish the health provider to discourage the repeat of the same misbehavior and this can be done through the granting of punitive damages.

Laws governing punitive damages vary from one state to another. States that allow this type of damages in medical malpractice cases usually set a limit to the amount of claims that can be awarded. Many states also set a high standard for the granting of punitive damages.

Florida is one state that has a comprehensive medical malpractice bill in place. The bill provides for the implementation of reform measures such as requiring hospitals and physicians to adopt patient safety plans and inform patients when they are injured, allowing insurance firms to study malpractice cases and offer settlements, allowing the state to suspend the license of doctors who fail to pay damage awards within 30 days and requiring doctors, hospitals and insurers to provide the state with information on premium rates, medical errors and malpractice cases.

If you or a loved one becomes a victim of malpractice, the first step to take is to consult with a reputable lawyer. Cooperation and constant communication are vital to be able to file the necessary lawsuit within the allowable statute of limitations.

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For information on medical malpractice attorneys, visit Gallagher Law Firm, Louisiana lawyers and attorneys who specialize in personal injury, car and truck accidents, divorce, maritime law and more.

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Longer Statute of Limitations on Medical Malpractice Pushed

In filing lawsuits of any type, there is a standard statute of limitation or the time frame required to file a case in court. This statute of limitation, however, varies from state to state. It can range from as short as six months to as long as four years.

In the area of medical malpractice, this timeframe pertains to the period starting at the instance the injury took place or when it was discovered until the case is filed. Since this deadline exists, it is of utmost importance then for patients to consult with their medical malpractice attorney to be properly guided on the right legal steps to take. No time should be wasted because once a case is not filed within the required period, the person or facility being charged with misconduct can go scot free. In other words, the case will just be dismissed by the court.

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In recent years, though, there have been campaigns going on in some states in the U.S. to extend the statute of limitations for medical malpractice cases. Just this June 2009, a group of cancer patients and victims as well as their families in New York called on their representatives to revise the malpractice laws particularly on the time frame needed to file a lawsuit. The group members pointed out that patients should be given more time to file lawsuits concerning medical malpractice. They specifically cited to change the current statute of limitations of two and a half years and to consider the start date from the date the injury was discovered and not from the time the malpractice occurred.

Longer Statute of Limitations on Medical Malpractice Pushed

In some states, medical malpractice laws consider certain instances that can possibly extend the statute of limitations from the usual time frame. In Tennessee, for example, there are two exceptions to the rule. One is known as fraudulent concealment wherein the defendant or the wrongdoer was found to have kept vital facts either through his words or actions. The other situation that can merit an extension of the deadline of filing a case is when a physician who performed surgery accidentally left an instrument or any foreign object in the patient's body. In both instances, the statute of limitation can be extended to another year.

It is crucial, therefore, for complainants to act immediately and consult a medical malpractice lawyer upon discovery of their injury and negligent conduct of a physician or health care facility. The law requires that a notice must be provided to the defendant at least 60 days before the filing of the lawsuit. The notice must bear the names and addresses of the defendants although changes proposed earlier called for the inclusion of the patient name, claimant authorized by the patient as well as the name and address of the attorney sending the notice, among others.

For patients who may not be able to personally follow up their complaint to their medical malpractice lawyer due to physical disability, they can authorize a representative who can process their requirements and work closely with their legal counsel as much as possible. Remember that prompt action is vital when you are planning to sue a physician or hospital for medical malpractice.

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For information on medical malpractice attorneys, visit Gallagher Law Firm, Louisiana lawyers and attorneys who specialize in personal injury, car and truck accidents, divorce, maritime law and more.

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Stroke and Brain Damage

Strokes can be caused by a number of different sources, including trauma or various forms of medical malpractice. As these debilitating accidents develop, different parts of the brain can be affected by the destructive processes of the event. The brain, being a complex, structured part of the body, reacts uniquely depending on what general area is attacked by a stroke. As symptoms of a stroke can inform medical staff about the severity of the accident, the lack of functionality after the event can determine which regions of the nervous system have been jeopardized.

If any major functioning in terms of movement or sense of feeling is lost, the loss of may be due to damage done to the central nervous system pathways. This can be a similar effect as trauma to the spine or neck, leading to paralysis in the form of hemiplegia, which can compromise movement on one half of the body or face.

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Damage to the cerebellum may lead to problems with movement. While not causing paralysis, this can manifest in difficulty walking, both in terms of physical movement and the ability to coordinate legs and feet. If nerves are directly damaged, a person may be unable to walk normally. Similarly, a person may not have the proper equilibrium following a stroke to stay properly balanced for basic motor activity.

Stroke and Brain Damage

If the cerebral cortex is damaged, a patient can lose a variety of abilities. Generally speaking, many of these disorders come in the form of language loss or voluntary movements. A person can develop aphasia, which is a comprehension and creation problem involving spoken and written language. Additionally, problems with visual recognition and memory may come about.

For more information regarding strokes caused by medical malpractice, contact a medical malpractice attorney.

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For more information regarding your rights as a patient, contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C. today.

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My Father Was a Medical Malpractice Victim - A True Story

I was 14 years old when my mother came home from the hospital and told me my father had died. "How did it happen?" I asked. "Why did it happen," my brother questioned. "What happened?" asked our dazed and confused family.

From that day forward, I began to learn what a malpractice lawyer does. I learned that we had more questions than answers. My dad was young, only 46 years old. He wasn't supposed to die. He had a family with three young children. He was gainfully employed and worked hard to provide for our family.

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Our lawyer got the hospital records, and he had a medical expert review the records. The more our lawyer probed, the more questions we raised. "Why was he given that medication?" "When did the nurse arrive?" "Why wasn't a blood test ordered?" "What happened when..."

My Father Was a Medical Malpractice Victim - A True Story

Years later, while I was in college, our case came up for trial. I joined my mom for part of the trial, since it was during final exams. Being in Court was unfamiliar territory. Everything was formal. The procedures, the words, the questions-all need explaining. Our lawyer was a big-time lawyer whose hair was gray and was respected by numerous lawyers who passed him in the hallways in the courthouse. Their nods and greetings were deferential- with respect for his accomplishments and greatness.

I watched with fascination the rapt attention everyone had during cross-examination of the primary target in the case- a young doctor in training who committed the gravest of medical sins. Our lawyer was intense. The barrage of questions put to the young unapologetic doctor were non-stop. The answers were not satisfactory to our lawyer, or to the jury, or so it seemed to me.

The tension in the Court room was palpable and created knots in my stomach. The defense attorney was gentlemanly and put on airs. In my book he was a phony and I was hoping the jury would see through it.

Closing arguments came after three weeks of trial. I managed to arrive just as the trial resumed that day. I rushed from school to be in Court with my mom. What I witnessed that day caused me to apply to law school. Before that day, I was a biology major and was intent upon applying to medical school. You see, my father was a doctor and most of my family are doctors. I thought that was the path I'd naturally take. Not after witnessing closing remarks.

It is now twenty three years later and I vividly remember the day our famous lawyer made his closing remarks to the jury hearing our malpractice case. Neither the lawyer or my mother are alive today, but my memory of that trial lives on till today.

I remember most clearly the accusations directed at the young inexperienced doctor. I saw his red face and neck. I wanted to reach across the aisle of the courtroom and pummel him with my fists. That would be true justice! That would satisfy my anger that had built up for years waiting for this disputed case to come up for trial. Fortunately for the doctor, my senses overcame my desires to quash this little bug. He never knew what I wanted to do to him that day.

On that day, I realized that this lawyer- this ordinary looking, gray-haired man, who had accomplished great things legal- was telling a story so simple and clear that I realized anyone could do this. That day, I decided to become a lawyer.

One would think that with such a great lawyer anything would be possible. Unfortunately for my family, the results were not what we would have hoped. Despite this second loss, the first being losing my dad, I picked myself off and sent out those law school applications. I had one thing on my mind...to become a trial lawyer.

I've been a medical malpractice trial lawyer for the past 17 years now. The first 4 years as a defense lawyer representing doctors, hospitals and folks sued in accident cases. The next 13 years I spent representing injured victims in their quest for justice. When asked by a colleague which I prefer, representing injured victims or the wrongdoing doctor, my answer has always been clear...the injured victim.

My experience helped me understand what injured people have endured. It has allowed me to be more compassionate about the people I have the privilege of representing. This is my calling.

This is a true story.

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Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

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Medical Professionals and Medical Malpractice

It is important to understand that there are a variety of medical professions besides that of a doctor in which medical malpractice can be an issue. While it is true that a doctor has by far the most responsibility and leeway when it comes to treating a patient, nurses, CNAs, dentists, and medical technicians can all be culpable of causing great harm or even death to patients.

Who Can Be Charged with Medical Malpractice

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When there is a legal case of malpractice, the people or entities that can be sued go far beyond just the medical professional who was the direct cause of the patient's injury or death. In a lawsuit, the following may become targeted in a malpractice case:

Medical Professionals and Medical Malpractice

• The medical professional who directly caused the injury or death

• If that person was not a doctor, the professional that was in charge of overseeing the nurse, CNA, technician, or other professional

• The hospital administrator in charge of the operations of the hospital

• The hospital or clinic itself

• The person that hired the professional in question if that person was under-qualified to begin with

The professionals that can be charged with malpractice include:

• Nurses--nurses are capable of making serious errors because they are around the patient more than any other person and give medication and routine medical treatments. They are also responsible for making some judgement calls with the patient's condition.

• Certified Nurse's Aid or CNAs--CNAs are allowed to move the patient to and from the bed and may be too aggressive when doing so.

• Technicians--medical technicians may hurt a patient during a treatment or they may misread a test or X-ray.

It is important to understand the far reaches of malpractice in the medical community to ensure your safety and the safety of loved ones who may have to go to the hospital.

Contact Us

To find out more about medical professionals and medical malpractice, visit the website of the Iowa personal injury lawyers of LaMarca & Landry, P.C. today.

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