What to Do When You Become a Victim of Medical Malpractice?

Medical malpractice and health care reforms have become major issues, especially in the current volatile political climate of the Obama administration. Add to it the rising costs of healthcare and diminishing coverage for most individuals. In such demanding situations, if you become a victim of medical malpractice, it is time you stand up, be counted and know your rights. Since every state has its own interpretation of consumer medical malpractice rights, it is recommended you consult an attorney or lawyer well versed in this field.

Firstly, before you meet your attorney, compile all the facts, records and evidence. Also discuss your case with a medical professional and obtain a sworn affidavit from him/her justifying your case. Courts require this affidavit to evaluate your damages and the monetary benefits you are eligible for. However, time is of major essence here. Many civil and state courts require you to file your claim within a specified amount of time. You typically have 24 to 30 months within which you can file your malpractice claim. A lawyer with medical background is of paramount importance in such a situation.

Lawyer Malpractice

Secondly, get a fair idea of the costs and overheads you are likely to encounter while filing your case. Make sure both your attorney and you have the right resources to cover every facet of the case. This includes physicians' opinions and testimonies, exhibits, medical records and transcripts, illustrations, models and diagrams.

What to Do When You Become a Victim of Medical Malpractice?

Finally, you must successfully prove the following:

1. Your health care provider/physician owed its/him/her duty to you
2. Your health care provider/physician breached its/him/her duties
3. You have been rendered an injury due to negligence or breach of duty

In many cases, attorneys turn down requests to file for malpractice cases. Your attorney will do so if:

1. You are unable to find any expert to testify in your favor
2. The cost of pursuing a claim exceeds the expected returns from the verdict

Steps Taken by a Medical Malpractice Lawyer

An experienced lawyer would normally follow these steps:

1. He/she would interview the patient or the family members of the deceased and gather all data that would help confirm his/her suspicions. He/she would evaluate the nature and potential amount of losses incurred from the case. He/she would also review the medical history of the survivor or the deceased.

2. Obtain relevant medical records and evaluate them vis--vis the period of malpractice.

3. Select a medical advisory panel that would review the records and make necessary observation and recommendations. This step is mandated by the law.

4. Evaluate the recommendations and determines whether the case qualifies as a successful malpractice claim.

Based on these, the client will be advised on whether to proceed with filing a lawsuit or refrain from it.

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When To Consider A Dental Malpractice Lawsuit

Most people when thinking about malpractice suits are not aware that there are also dental malpractice suits filed. Dental malpractice suits are in their own category but just as any other person in the medical field, dentists are liable for improper treatment services.

The frequency of the number of claims in dental malpractice is pretty steady. The claims are smaller of course than in the medical field. Here is a range of injuries, due to improper dental treatment that can lead to a dental malpractice claim: injuries to jaw, lip and tongue nerves, injuries related to anesthesia and death.

If a dentist for example fails to detect oral cancer, and other oral diseases he is liable.
A dentist has to make sure that there are no prior medical conditions that may require special treatment for example before giving anesthesia.

The most obvious dental malpractice case is when a patient dies from the dental procedure. This can happen for example by administering improper anesthesia or by improper treatment of gum infections. Here are some other reasons for a person to be able to file a dental malpractice suit:

1. Permanent nerve damage due to complications from an oral surgery.

2. Sometimes a root canal can result in permanent numbness.

3. When a person may be injured from what is called a dental extraction (making a mistake by accidentally removing a good tooth)

Dentists are just like other physicians liable for any injury due to improper treatment or wrong diagnosis. By law, dentists are held to a certain standard of care when rendering services to their patients.

Here are some real cases of dental malpractice:

1. A case of periodontal abscess caused by defective bridge not properly treated: a $24,000 settlement.

2. A woman had a procedure done but it was done with improper contoured crowns and bridges, negligence: a $47,500 settlement.

3. A patient had a permanently numbed tongue following a rather routine wisdom tooth extraction: a $140.000 settlement.

4. A young man who sustained nerve injury in his mouth as a result of a dental procedure: a $54,000 settlement,

5. A woman with painful numb lip and chin after a routine dental treatment: a $100.000 settlement.

While it is not quite clear how many cases of dental malpractice are filed every year in the United States alone, according to some statistics the numbers are rising. There are countless cases of people that have suffered due to improper dental procedures and negligence and all too often these cases are not reported. Often, people may not be aware that they can file a dental malpractice suit. While dentists are people and therefore can make mistakes, making an error that results in a permanent injury that could have been avoided is not acceptable.

If you feel that you have experienced any of the injuries above or some others, it may be time for you to search for a lawyer that is familiar with dental malpractice lawsuits and that can help and advise you.

The time that you may spend searching for such a lawyer could make a difference in your life or the life of one of your family members. It is only right to get justice when injured through careless dental treatments or negligence.

To get more insights and additional information about Dental Malpractice please visit our web site at http://www.malpracticeinfonow.com/dental_malpractice.php

Are You A Victim of Medical Malpractice-Informed Consent

You should know what is "informed consent". Informed consent is to be obtained from well informed patients about their own health care in making decisions on their own free will before the patient is subjected to serious treatment or operation. This is a legal obligation and it is the ethical right of the patient.

The patient should be aware of his rights and participate in the discussions and decisions. And he should be given the freedom to decide on:

1. the alternatives to the proposed operation or treatment.

2. the process and its nature

3. the risks involved

4. the extend of the uncertainties involved

And if needed repeat the explaining part in a simple layman's language and make sure he understood and accepted the proposed course of treatment/operation.

The informed consent should be legally valid and the patient should be in a competent state of mind and his consent must be voluntary. In certain cases the patients feel helpless and vulnerable to any coercive tactics. And he or she should be made comfortable and relaxed before the consent form is signed.

The informed consent process should be a clear acceptance of the proposed treatment or surgery and on his/her own free will. To improve the confidence of the patient, he should be allowed to seek a second opinion. This action will make sure the informed consent is a very well informed comprehensive consent.

In some delicate cases, the Doctor may be constrained to withhold certain portion of the information. This is physician's discretion in the best interest of the patient. This is also tailored information supplied to obtain the patient's informed consent.

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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.

NY Medical Malpractice - Improperly Placed Suture Causes Permanent Nerve Damage

Here's an interesting case I handled recently: It involved a young man who put his arm through a window. He was taken to the emergency room where he was bleeding profusely from cutting an artery. He had a "pumper," with blood spurting and pulsating out like a garden hose. While in the emergency room a doctor tried to stop the bleeding by applying pressure to the wound. This worked, but the young man needed a blood transfusion since he lost a lot of blood during the five minutes from accident site to the hospital.

After the bleeding was initially controlled, another doctor came to stitch the wound. The doctor, while throwing stitches, never realized that he put a stitch around the ulnar nerve! This is a big "no-no." Stitches are meant to tie off bleeding vessels like veins and arteries. They are not meant to tie off good, healthy nerves.

Importantly, while the patient was being stitched up, he yelled out that his arm felt as if it had been 'zapped', similar to hitting your funny bone. The doctor simply said "Don't worry about it, you'll be fine." Well, a day or two later, the young man, thinking that it's ok to have unusual sensations in his had following this accident did not think much of the ongoing discomfort he was having in his hand. By day three, he started to think something was really wrong. His fourth and fifth finger were getting numb and were also painful.

The patient returned to the hospital, where it took some coercion to get the clinic residents to evaluate his hand. Despite the patient's complaints, he was sent home, and told it it normal to have this pain following such an accident. Two days later, the numbness and inability to move the fourth and fifth fingers brought the patient back to the hospital clinic. Again, nobody recognized that the young man's ulnar nerve was dying off before their eyes.

This young man made a wise decision to get an opinion from an experienced hand surgeon in New York City. Immediately upon being examined, the hand surgeon advised the patient that he had significant damage to his ulnar nerve; precisely the nerve that controls the fourth and fifth fingers. Exploratory surgery revealed the patient's worst fears:

"A suture used to tie off bleeding vessels had somehow been used instead to tie off your ulnar nerve," was what the hand surgeon advised him. "As a result, your ulnar nerve was deprived of oxygen and blood flow, causing the nerve to die." This young man was told that he'd need another surgery to try and transplant another nerve from a different part of his body into his arm to see if that would help. He was told that nerves can regenerate, if lucky, at a rate of one inch per month. In other words, a very slow process.

The second surgery went well, and he did not need a nerve transplant. Instead, the existing nerve was cleaned up, and stretched as gingerly as possible to get close enough to attempt to reattach the two damaged ends of the nerve. Eighteen months later, this patient still had loss of sensation and decrease in function in his hand.

The moral of this tragic story is that this injury was totally preventable. Had the emergency room doctor been careful in placing those stitches, and had the clinic residents recognized the signs of nerve damage two days after the accident, this event leading to permanent nerve damage never would have happened.

End Result:

Through extensive investigation and many depositions, I was able to finally learn that one or more doctors had sutured the wound closed. What made this case so fascinating is that the doctor or doctors who stitched this patient up, never wrote a note in the hospital chart- It's almost as if they knew what they did was inappropriate and did not want to acknowledge it.

The case settled favorably during jury selection.

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, wrongful death and injury cases since 1988. 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. For more information, call him personally at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice & accident law.

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Sears Crawford, LLP is a law firm to help victims of medical negligence obtain answers, dedicated to justice and compensation. We are consultants, the compassionate relationship with each of our customers believe that a sacred duty. We focus on medical malpractice cases where the use and misuse of medical technology and pharmaceuticals. We represent the victims of kidney disease who have suffered harm because of the dialysis treatment have suffered failure and dialysis equipment failure. We act on behalf of the families...



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Discover How Medical Malpractice Law Protects You

Health care providers of all sorts are supposed to do whatever they can to protect their patients during treatment and all aspects of health care. They have the responsibility to treat their patients with the best care they can and are licensed to give. Should a doctor not do what is expected of them and not give proper medical care, they can be held liable for any medical malpractice they may have caused.

It is the job of the government to help protect everyone from becoming involved in situations that present further harm. In just about every state in the US, there are major medical malpractice suits that are increasing every day. It is the job of the government to prove that all conditions have been and were met before any malpractice claim with the court.

There are many different ways that one can approach filing a medical malpractice suit. They are based in the issue at hand and filed with the most emergency situations first. In many states you have to simply have an understanding of the enacted laws, but there are states that just require a person to have a knowledge of the law regarding medical malpractice laws in order to be able to file a claim. There are some states that have a special panel that looks over the cases that are filed. They are going to be limiting the amount of damages that a person filing a claim can receive.

Medical malpractice claims can be filed in the event of a incorrect diagnoses, failing to provide the correct treatment for a disease or for not treating a condition in a timely manner where that failure results in the patient becoming sicker or even death. There are more things that one can file a medical malpractice claim on, just make sure that you know all the rules and stipulations that need to be followed. You are going to have to be able to prove that they health care provider or the physician failed to provide the correct treatment and care, that resulted in some kind of injury. You are also going to have to present actual proof if to prove the damages were either physical or emotional.
The courts do not view frivolous suits favorably. If the hospital charged you $75 for a Band-Aid during your stay, while that is ridiculous, it is not medical malpractice. Billing errors are also not considered malpractice.

Hiring an attorney to help you with filing your claim is the best way to go. They are going to be able to tell you if you have a case that will hold up in court or not. They are going to be using the help of an expert witness to prove your case. Expert witnesses are going to have to be reliable and prove your case. They must have a certain amount of experience and knowledge in order to be able to prove your case. But an experienced malpractice lawyer knows where to get these kinds of resources quickly if they need to.

Every state has their own set of limits when it comes to medical malpractice. It is of extreme importance that you become familiar with all the laws and procedures that are required in order to file a medical malpractice claim. It may be in your best interests that you check on every physician and their background before allowing them to give you any kind of treatment. Medical malpractice claims are something that have to limited and monitored for the costs of health care to be able to be affordable. With the help of an attorney, you should be able to get the justice that you and your family rightfully deserves.

Have you or a loved one been a victim of medical malpractice? For more insights and additional information on your rights if you are a victim of Medical Malpractice as well as finding a wealth of resources to help you with a possible lawsuit, please visit our web site at http://www.malpracticeinfonow.com