Medical Compensation - Part of a System of Checks & Balances

A common leading cause of death in the United States is medical malpractice. Each year there is up to 100,000 deaths in the U.S. because of medical mishaps that could have been prevented. If proper safety measures had been taken, the injuries these people suffered could have been avoided. Of these numbers no more than 15% of patients or their loved ones know that they are entitled to some compensation.

Compensation: Part of a System of Checks & Balances

An important part of the system of checks and balances in the legal structure of America is to give back to the people for having suffered an injury that could have been prevented. In cases where there may have been neglect on the medical staff's part, the injured party is compensated for losses they have suffered and the people responsible must be liable for their neglect. With any luck, having the medical professionals be held accountable will prevent them and others from any medical mishaps in the future.

What This Means for You

If you or a family member has been injured due to medical malpractice, you may be able to be compensated for losses suffered such as costs for treatments, or lose of employment. The injured person is also entitled to compensation for other losses such as emotional sorrow, any distress they had to bear, or any other costs paid because of the negligence.

When to Contact a Malpractice Lawyer

If you suspect that you or someone you know has been a victim of medical malpractice, get in touch with a medical lawyer right away because there are time restrictions for these kinds of cases. If you have been misdiagnosed, there was an injury during a surgery or the lab results were wrong, call a lawyer and they will evaluate your case. There are other cases of medical malpractice so make sure you have a lawyer assist you because they know your rights.

Talk to an Attorney about Medical Compensation

There are lawyers that are committed in helping people who have been a victim of medical negligence and want to help you get the support you deserve. Victims and their families have been given settlements for the losses they have encountered due to medical malpractice. There are also resources they can provide for some support.

David Austin is an Attorney focused on complex injury cases. You can learn more about Medical Compensation at his website. Burke-Eisner.com

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MRSA Compensation Claims

MRSA stands for Methicillin-resistant Staphylococcus Aureus. It is also better known and referred to as the 'superbug.' It has been around since 1961 despite popular belief. It was only in the early 90's that it spread quite dramatically and caused health problems and even death to many people in the UK. According to the UK office for National Statistics, they sadly reported 1,629 MRSA-related deaths in England and Wales during 2005.

The virus can be easily spread by merely being in contact with someone who has it, but it can also be spread through contact with towels, sheets, clothes, dressings or other objects. The MRSA virus can also survive on objects and surfaces such as door handles, sinks, floors and cleaning equipment. You can diagnose MRSA through blood and urine tests

The baceria is called Staphylococcus Aureus and apparently 1 in 3 of us carries it on the surface of our skin or in our nose. This generally causes no harm if the carrier is healthy; however if a carrier comes into contact with a vulnerable patient, i.e. someone with lowered immune system, a person with open wounds or someone who has just had surgery the they can pass the infection onto these people.

If the bacteria Staphylococcus Aureus gets into your body through a break in your skin it can cause infections such as boils, abscesses, or impetigo. If the bacteria gets inside into your bloodstream it can cause more serious infections such as the blood poisoning, septic shock, severe joint problems, bone marrow infection, internal abscesses anywhere within the body, inflammation of the tissues that surround the brain and spinal cord, lung infection or infection of the heart lining.

Trying to prevent the spread of MRSA is a tricky business. The measures to prevent the spread of organisms from one person to another are called isolation or infection control. The most important type of isolation is called contact isolation where everyone in contact of the MRSA sufferer has to wash their hands after touching the patient or anything to do with the patient. If there are a number of patients infected with MRSA then moving them to an isolation unit is the safest way to minimise the spread.

Unfortunately more and more people are going into hospital for minor illnesses or ailments only to catch MRSA and end up far sicker than previously. It is worth pursuing a compensation claim if this happens to you as you shouldn't have caught this virus and suffered in this way. You are well within your rights to make a claim for compensation even though it can be difficult to prove clinical negligence. A professional lawyer should be enlisted to help you. There is no need to worry about lawyers fees as there is the 'no win no fee' agreement that allows anyone to take on a compensation claim. The lawyer will be working for free and only in the event of the winning case will the lawyers fees be paid via the insurance of the losing party. If the case is lost there is insurance to cover fees.

Carolyn Clayton is the webmaster for accidentconsult.com, experts in claiming compensation for MRSA.

A Medical Malpractice Victim's Guide to Compensation in New York - Part 1

Medical malpractice can cause significant and permanent injuries. Our society recognizes the right to obtain compensation if we are harmed by someone else, whether through an accident or by medical negligence. Negligence is typically defined as someone who is careless. In a medical malpractice case, negligence is defined as being a departure from good and accepted medical care. In an accident case, negligence is really someone's carelessness that caused harm.

Compensation is defined as the right to be paid for something that is owed. It's not a handout. It's not a give-away. It's not a winning lottery ticket, or a slot-machine jackpot. Accountability is the obligation to account for one's actions. Most people will agree that each person should be held accountable for their actions. In our society of justice, if a wrongdoer is not held accountable for their actions, there is a good chance that person will do that wrongdoing again and again. If we are a society of people who require that individuals take responsibility for their actions, then a wrongdoer is responsible not just for the happening of an accident, but also the injuries that arise from that accident. That's what compensation is about.

How does an injured medical malpractice victim get compensated for their injuries?

1. The injured victim and their family needs to meet with an experienced medical malpractice lawyer- someone who has handled cases like yours. The attorney will obtain your medical records from the doctors and hospitals who treated you.
Once all records are obtained, your lawyer will send your records out to a medical expert, usually someone who has the same specialty as the doctor who you believe caused you harm.

Only after confirming that there were (1) Departures from good medical care, and (2) That those departures were substantial causes of your injuries, and (3) That your injuries are significant or permanent, can a lawsuit be started on your behalf.

2. Compensation comes in one of two forms:

(1) A settlement, or

(2) A verdict

A settlement is a guaranteed amount that a doctor, hospital or their insurance company has agreed to pay to resolve your case. In order to make your settlement valid, there are specific ways in the State of New York to do this. The most important one is to have the settlement done in 'open Court', and place the settlement details 'on the record' with a court reporter. If the settlement agreement is not done in Court, and is done by letter between the attorneys, there must be specific details about the agreement in order to make it binding.

There was a recent case in New York where a lawsuit was brought by a malpractice victim and both sides eventually agreed to settle the case. The terms of the agreement were made and confirmed by letter to the defense attorney. Before the settlement could be processed by the insurance company, the victim died, and the insurance company tried to get out of the deal by claiming that there was no binding agreement to begin with. Unfortunately for the victims' family, a New York appeals Court agreed with the insurance company and held that since there was no valid binding settlement agreement while the victim was alive, there was no binding settlement once he died.

Needless to say, I'm sure the victim's family brought a legal malpractice lawsuit against their attorney.

Join me for the conclusion of this article titled "A MEDICAL MALPRACTICE VICTIM'S GUIDE TO COMPENSATION IN NEW YORK...Part 2"

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 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

Medical Negligence Compensation Claims

When you visit a hospital you expect to dealt with by professionals and looked after accordingly. You certainly wouldn't expect to catch any nasty viruses. If you feel you have incurred a virus or injury due to the actions (or lack of actions) by a doctor/nurse/surgeon, you may well be liable to make a medical negligence/clinical negligence compensation claim. And you should make a claim as it is your civil and legal right.

Unfortunately there are occasions when doctors fail to diagnose a condition in someone like cancer for instance. Cancer going untreated has serious implications because catching cancer at the right time has an effect on the treatment. And with some cancer, catching it at the later stages cannot be treated which would result in a serious illness or a reduced life expectancy. This is serious negligence and should not go with being reported.

On the other end of the scale there are occasions when someone is diagnosed with cancer or any other condition which is not present. Misdiagnosis can cause a great deal of stress and anxiety as well as unnecessary surgery and drug treatment. Some people actually develop illnesses from the drugs they shouldn't have been taking in the first place. And then the actual real illness goes untreated and could get worse.

Because medical negligence claims can be complex and some take months to sort out it is important to find a specialist solicitor with experience dealing with medical negligence claims.

If you have been the victim of medical negligence and are planning on trying to claim compensation, your case will heavily lie on medical evidence. You or your insurance will have to pay for these documents which can be quite costly. You will need to show that the person you are making the claim against owed you 'duty of care'. The duty of care is a general legal duty on all individuals and organisations to avoid carelessly causing injury to persons. It requires everything 'reasonably practicable' to be done to protect the health and safety of others at the workplace.

Claiming for compensation is very easy these days and will cost you nothing. 'No win no fee agreements' are in place which allows anyone to pursue a case without having to find legal costs. With medical negligence there will be the costs of the medical records which could cost anything from £50 to £200. This cost might be expected to come from you but there are some insurance that will cover these costs. Either way a good personal injury specialist lawyer will be able to tell you exactly what to expect. Lawyers will not take on medical negligence cases lightly so you will know what your chances are. Any cost incurred will be recover from the loosing parties insurance company so there really is nothing to lose.

Carolyn is the webmaster of Accident Consult, specialist in Medical Negligence Compensation Claims.