You deserve quality, affordable dental work, as well as a means to receive justice when you do not get the proper treatment you need from your dentist. By establishing whether your injuries were caused due to negligence or not, by specifying the quantity and severity of your injuries, and by hiring a competent malpracticelawyer to help you navigate the legal process, you can receive just compensation for your dentist's malpractice! Read on for more details.
1. Establish that your dentist acted negligibly and caused you harm as a result. Establishing negligence may be the most important part of filing for malpractice, so you can take steps to receive just treatment Malpractice, according to the law, is defined as "the negligent conduct of a medical professional that is directly responsible for causing an injury to a person." Successful malpractice suits have dealt with situations such as unnecessary extractions, nerve damage, anesthesia complications, and faulty crowns or bridges. Malpractice can also include passive negligence by your dentist - if he or she chooses to not treat or even mention a serious oral issue that you have.
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2. Specify the quantity and severity of your injuries. Any harm caused by your dentist's negligence must also be quantifiable and severe enough to be defined as malpractice. If you simply "experienced pain" or just had to go back for another visit after your dentistry procedures, chances are that your case will not make it very far. You must define exactly what harm you experienced, the dates of onset and duration, and the specific monetary costs resulting from the harm and/or its repair. To define these stipulations, you may want to list your lost profits or income due to inability to work in proper health, your medical expenses, your out-of-pocket payments for services related to the injury, and the specific ways in which you suffered or experienced pain.
How to File a Dental Malpractice Lawsuit - You Deserve Quality, Affordable Dental Work
3. Hire an experienced, affordable malpracticelawyer. Most dentistry malpractice cases never make it to court. Instead, dentists usually try to settle these suits out-of-court in order to avoid the stress and cost of court proceedings. Unless you have a legal background, you can benefit from an expert's advice regarding whether or not to accept an out-of-court settlement offer from your dentist. Out-of-court settlements typically will reward you less money, but will also save you the cost of court and extended attorney fees, as well as time and stress. You should consult an attorney at least once to determine whether your injury qualifies as malpractice within your state, as laws vary between states. Affordable dental malpractice lawyers can be hard to come by, but their help is worth it.
When selecting a malpracticelawyer, look for a firm where at least one of the partners has trained as a dentist. His or her experience can help you greatly as you discuss whether your injuries were the result of dentist negligence. Also inquire about the firm's record of success or failure in settling out-of-court cases.
Do not let fear of the legal system (or just laziness) keep you from getting what you deserve - follow these tips today and join the 10,000 Americans who have picked themselves up, shaken off their financial burdens by filing for malpractice, and are back in the saddle receiving quality, affordable dental work!
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Many medical mistakes can lead to a medical malpractice lawsuit. Misdiagnosis, delayed diagnosis, mistakes made during anesthesia or a host of other mistakes can make the victim eligible for monetary compensation by means of a lawsuit. The severity of the mistake and the physical outcome of the patient are ultimately what determine the compensation owed to the victim.
Misdiagnosis: A misdiagnosis is when a doctor inaccurately determines that a patient has a specific condition or disease, then later it is discovered that they in fact have something else. Improper treatment in the form of wrong medication or unnecessary surgery may lead to injury or even death.
Lawyer Malpractice
Delayed Diagnosis: This is when the attending physician fails to determine the cause of the patient's illness until it is too late to provide adequate treatment. The patient doesn't receive timely medication or surgery and the illness continue to develop. Delays are also caused if a patient is forced to wait in the emergency room too long.
Medical Mistakes That Warrant a Medical Malpractice Lawsuit
Mistakes in Anesthesia: Anesthesia is the medication that causes a patient to sleep deeply during surgical procedures. Sensitivity to anesthetics isn't always a known factor and may cause serious problems in some patients. The anesthesiologist is responsible for reviewing all of the patient's medical history to make sure there will be no adverse affects.
Prescriptions: Mixing medications can cause serious side effects. Doctors must review a patient's medical records to make sure they do not prescribe a medication that will cause serious side effects if mixed with something else.
Childbirth: Mistakes during childbirth may cause physical harm to the mother or the child or both. The most common mistakes cause broken bones or brain damage. Sometimes too much force is used or the infant is left in the birth canal too long and suffers brain damage due to lack of oxygen.
These are just five of the more common mistakes that warrant a medical malpractice lawsuit. Any time you believe you or someone you care about have been a victim of malpractice or neglect, contact an experienced medical malpracticelawyer to discuss your situation.
What You Should Know
The statute of limitations must also be taken into consideration. All states require that malpractice lawsuits begin within a certain timeframe. Taking action within the allotted timeframe is imperative, if you fail to file suit within the statute you will lose your right to recover even if the doctor was negligent.
Medical mistakes that justify a lawsuit are varied. However simply because there was a poor result from a doctor or hospital's care does not mean they were negligent. Medicine is not an exact science. Different doctors may treat the same symptoms differently. Often there are different was to perform a surgery or even different opinions as to whether surgery is the best option.
Medical malpractice or negligence cases should never be handled without the assistance of an experienced malpracticelawyer. These cases are often very difficult because you have to prove the doctor or facility deviated from the accepted standard of care. Several determinations must be made in order to prove that damages were caused by a physician or hospital.
Medical Mistakes That Warrant a Medical Malpractice LawsuitT-Pain - 5 O'Clock ft. Wiz Khalifa, Lily Allen Video Clips. Duration : 4.78 Mins.
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David Rosenbaum is an experienced Philadelphia medical malpracticelawyer practicing for over 15 years. He is an owner of the law firm Rosenbaum & Associates and oversees the litigation department. You can visit his website at http://www.rosenbaumgroup.com or contact him at (215) 569-0200.
If you feel as though you have been treated wrongfully by a medical practitioner, you may be interested in filing a medical malpractice lawsuit. This requires a great deal of consideration because it is not an easy lawsuit to file. Medical malpractice lawsuits have been on the rise in the United States for years. As new treatments begin emerging, there are people who will be looking to place the blame for the problems associated with the procedures. While many of these are filed out of grief for the loss of a loved one, others are filed out of greed. It is important to determine the reason for filing the suit and to make sure it fits the definition of malpractice.
It is first important to know when filing a medical malpractice lawsuit that there is a statute of limitations. This means you only have a certain amount of time before you can no longer file a lawsuit. This is intended to protect doctors from people who are looking to sue after an unreasonable amount of time has passed. It is also important to know that you may not proceed in filing a medical malpractice lawsuit once a patient has been transferred to another facility of care. Before filing a medical malpractice lawsuit, consider legal consultation to make sure it is still a reasonable action.
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You must also decide if you wish to seek a trial. It is the right of anyone looking to file a medical malpractice suit to seek a trial with a jury. A judge will preside over the trial and there will be a jury to decide the outcome. There will also be expert witnesses who will help determine whether or not the doctor violated medical standards. Whether through improper actions or gross negligence, there must be proof that the medical provider did something wrong. For many of these cases, it is determined that the lawsuit is intended to place blame and take money for the wrong reasons.
Filing a Medical Malpractice Lawsuit
For these cases, finding the appropriate lawyer for filing a medical malpractice lawsuit is crucial. Since the plaintiff is the person who was injured or killed by the improper medical practices, they need to be represented. Even if the person has passed, they are still considered the plaintiff and require adequate representation. When you have found a lawyer who has experience with filing medical malpractice lawsuits, you can proceed with the trial. The outcome is impossible to determine beforehand and varies vastly between different cases.
If you have a viable reason for filing a lawsuit, there are a few things to consider before rushing into a lawsuit. Doctors are required to maintain personal liability insurance in order to offset the costs of medical malpractice suits, so you must make sure you are prepared to face their lawyers. Since these lawsuits can number in the millions of dollars, it will pay to have a very good lawyer. But if you or someone you love were wronged by medical malpractice, it is worth the money and trouble.
Filing a Medical Malpractice LawsuitRazy Gogonea - Britain's Got Talent 2011 Audition - itv.com/talent Video Clips. Duration : 4.85 Mins.
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Just because of a medical malpractice, what could have been a grand moment in your life could turn into a total disaster for you. A problem with a newborn arising from gross negligence on the part of the health care provider could be classified under medical malpractice. The right recourse is necessary to be taken by those affected by such malpractice issues, and getting a Chicago birth injury lawyer may get you through this painful litigation process. Just like in any other lawsuit, it is important to get the right counsel to face these legal procedures.
The Chicago medical malpracticelawyer is more than adept in handling the different issues on negligence in the proper legal route. On top of this, it would serve you well if you would have some background information as to how the legal procedures are taken step by step. The following is a brief but comprehensive reference on the legal procedures involved in a medical malpractice lawsuit against a party responsible for such negligence.
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The first part of this procedure is the proper notification. Here, the person or persons responsible for such negligent acts are duly notified and informed of your intention as a complainant. This of course warrants the full assistance of a Chicago birth injury lawyer or a Chicago medical malpracticelawyer.
The Process Of A Birth Injury Lawsuit
The accused makes the effort of informing the medical malpractice insurance firm on the purported lawsuit and gets a lawyer to act on his defense. After this, the lawyers of both parties interact for and in behalf of their clients.
The next part of the process is the discovery stage or the collection and collation of the pieces of evidence. The normal route is for investigative people under the supervision of the lawyer to take the cudgels of this task. It would be the responsibility of the aggrieved party to collect all medical and financial documents and all pertinent personal information to the accused. A separate medical examination, and in certain instances an MRI, is done on the child. This would be the supporting items to prove there was injury caused to the child at the time of birth.
The deposition comes next, or the evaluation of the collected evidence which is treated individually for their separate merits. Part of the process in this case includes the examination and cross-examination of the Chicago birth injury lawyer and his counterpart. This process would include the testimonies of the physicians, nurses, technicians and all others involved in the delivery of the baby.
The negotiation phase would follow, and in most cases, the Chicago medical malpracticelawyer would be in a good position to conduct negotiations after all the evidence has been collected and collated. It would be the job of the lawyer to Assess the extent and seriousness of the injury, considering the economic and other losses, actual and potential, and conferring the matter with the insurance company. The trial phase would ensue should the negotiation stage fail.
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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.
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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.
When To Consider A Dental Malpractice Lawsuit
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 ,000 settlement.
2. A woman had a procedure done but it was done with improper contoured crowns and bridges, negligence: a ,500 settlement.
3. A patient had a permanently numbed tongue following a rather routine wisdom tooth extraction: a 0.000 settlement.
4. A young man who sustained nerve injury in his mouth as a result of a dental procedure: a ,000 settlement,
5. A woman with painful numb lip and chin after a routine dental treatment: a 0.000 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.
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You meet with your lawyer to see if you have a valid case. He asks you hundreds of questions about what happened and delves into your personal life and your family's life. He then says, "Let me worry about the legal issues. I'll let you know when you have to come back for a deposition..."
If this sounds familiar, it should because it's the right way to handle an injury case in New York.
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1. Your lawyer first has to determine if you have a valid case.
7 Reasons Your Lawsuit Never Ends
To do that he has to investigate everything about your claim and about you as well. That takes time. He has to obtain your medical records, obtain any accident reports, and find out what medical treatment you've had and what treatment you'll need in the future. He needs to know what you were earning and evaluate your lost earnings and your lost future earning capacity. Do you need rehabilitation? Will you need vocational training since you will be unable to perform the type of work you were doing? Experts need to be hired to evaluate your case and review your records. This all takes time.
So, why does it feel as if your lawyer isn't doing anything and your case keeps going on and on?
Maybe you're not getting any updates about what's happening. This leads me to the next reason your lawsuit never seems to end.
2. Once the investigation is complete and it turns out you have a valid case, your lawsuit will START.
This means that your lawyer will prepare papers to start your case, file them with the Court, and have them served on the people you are suing. All of these things are done by your lawyer without your involvement. (With the exception of you reading and signing the papers that start the lawsuit.) Your lawyer does this all the time, and it should be routine for his staff as well. Sometimes the lawyer forgets that the client needs to be kept informed about each step in the litigation process. Being informed keeps you, the client, in the loop about what is actually happening.
3. After the lawsuit starts, why does it still seem like nothings happening?
Somethings happening, but it doesn't directly involve you. Once the lawsuit papers are given to the people you are suing, they have to send those papers to their insurance company so they can open a file and hire an attorney to represent you. Once a lawyer is assigned to handle their case, their lawyer will prepare papers to answer your lawsuit. This is known as an 'answer' to the complaint you've served. Only after the answers are received can your lawyer notify the Court that 'issue is joined'- which means that all the parties to the lawsuit are now involved, and can we please set up a scheduling conference with the Court.
4. Why does it take so long for the lawyers to answer the complaint, and the Court to set up a conference?
Typically, the person who is served has 20 days in which to serve a response to the complaint you have made. Sometimes, it is difficult to actually serve the person or company whom you are suing because they may have moved and are no longer at the address that they used to be. When that happens, your lawyer's assistant (known as a process server) has to track down that person or company in order to properly serve them with the legal papers. If this is unsuccessful, then it will be difficult, if not impossible to start the lawsuit against those people who caused you harm. This step is crucial in order to proceed with your case.
If the person you're suing is properly served with legal papers, their attorney may sometimes ask for additional time to answer your papers since they'd like time to learn the facts from their client before submitting their answer. This is known as 'requesting an extension of time to answer the complaint' and is a courtesy most attorneys will grant.
Once your lawyer receives the answer to your complaint, and requests a conference with the Court, he no longer has any control about when the conference will be held- that's entirely up to the Court to determine. With many cases to deal with, Courts can be backlogged many weeks or months.
5. When we get a scheduling conference, why does it still seem as if things are moving slowly?
There is an unfortunate saying that "The wheels of justice turn slowly." Once a conference is scheduled your attorney will know when you will need to be deposed- which is a question and answer session at your lawyer's office. It will likely be months later that you will have your deposition. The lawyer for the other side needs time to obtain your medical records, and do any other investigation needed before he questions you at your lawyer's office.
Your lawyer will be present together with the other side's lawyer(s) and a court reporter. This will be the second time you will be in your lawyer's office, and it will feel as if your case is moving right along- since you are directly involved in the proceedings.
Once your deposition is completed, you may again have that sense that your case has crawled to a standstill- but you shouldn't feel that way. Your case is moving in the right direction.
6. Why is it taking so long for other depositions to be completed?
Sometimes, the attorneys have scheduling conflicts that prevent scheduled depositions from going forward. Sometimes one lawyer is on trial on another matter and cannot attend a particular deposition. Other times the witness who is scheduled to be questioned may not be available and their deposition needs to be re-scheduled. Attorneys frequently acknowledge this possibility and give courtesies to their adversaries when possible. Sometimes it is simply not possible and arguments arise between the attorneys and the Court is needed to intervene. Sometimes the delay may be intentional and the Court's assistance is required to resolve the issue.
7. When there are many people to question, there may be many weeks or months between depositions.
During this time, it may seem as if nothing is happening with your case. Call your lawyer to find out why there's a delay and what is he doing about it. Become informed and try to stay in the loop. Keeping informed about the details of your case will make you more comfortable that it's proceeding the way it should, and will inspire more confidence in your attorney that if you don't hear from him for months.
SUMMARY
A lawsuit is not a race. It's an investigation and prosecution of an important case that must be assembled and cared for one fact at a time. Keep in touch with your lawyer and ask questions. This way you'll know that your case is moving forward and has not fallen between the cracks. Importantly, you'll understand why your case is moving at the pace it has and what you can expect in the future.
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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
If you are wondering how to find the right medical malpracticelawyer for your medical lawsuit, then you need to be assured that even though the task is not easy it is not impossible. A right medical malpracticelawyer would be a person with a lot of exposure and experience that you can leverage upon.
One of the first steps in finding the right medical malpracticelawyer is to make the decision to pursue your case. Also, when you meet the lawyer discuss the costs involved because malpractice cases usually take a lot of time to get resolved and turn out to be quite expensive. Sometimes lawyers discuss their fees or commission upfront but only charge you after winning the case. In some cases you may need to foot part of the bill. Every lawyer or law firm functions differently.
Lawyer Malpractice
The best way to pick a lawyer to fight your case is to go with a person who has a lot of references. No matter which lawyer you go to, medical malpractice cases are expensive to fight so why not go to the best lawyer instead. Many law firms today have their own websites with hundreds of testimonials to read. Research thoroughly about the lawyer or the law firm you are going to and if possible read in detail about the cases they have won and lost. Once you hire a lawyer it is very important to trust and have a working relationship with your lawyer for it to be fruitful.
Find the Right Medical Malpractice Lawyer For Your Medical Lawsuit
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Victims of medical malpractice have the legal choice to file a medical lawsuit if a medical professional such as doctor, nurse or lab technician injured them. In a medical lawsuit, a victim can recover money for the damages they suffer from the medical mistake including:
Medical costs
Wages lost (past and future)
Disability / Mental anquish
Financial losses because of the injury
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Families of individuals that were injured due to medical negligence that resulted in death can also file a medical lawsuit. Damages that could be recovered include loss of a loved one, funeral expenses and other related costs.
Medical Lawsuit
Do You Have a Medical Lawsuit?
To determine if you have a malpractice lawsuit, speak with a medical lawyer. They are experienced in these types of cases and they can evaluate your case to see if you qualify. Speak with a lawyer as soon as you suspect your injury was caused by negligence of a medical professional. There is a statute of limitations on medical lawsuits, meaning there is a legal deadline to file a claim, so talking to a malpracticelawyer immediately is important.
There are many factors that can cause an injury. If you have experienced the following, you may be able to file a medical lawsuit:
Medication overdose or under-dose, other medication-related injury due to an error made by any medical staff
An emergency C-section or difficult labor and delivery, and your child was diagnosed with an injury such as Erb's palsy or cerebral palsy
A diagnostic mistake - Such as, your doctor failed to diagnose a condition or you were treated for a condition you didn't have
A surgical mistake - For instance, an instrument like gauze or forceps left in your body after a surgical procedure.
Failing to obtain consent, lab errors and other medical errors may also be a reason to file a medical lawsuit. Medical mistakes are common in the United States. Tens of thousands of individuals die every year and hundred of thousands have been injured because of medical mistakes that could have been prevented. Holding medical professionals liable for their negligence can prevent any future medical mistakes.
Contact a professional law firm if you are considering filing a medical lawsuit. Medical lawyers can evaluate you case at no cost to you to determine if you are eligible to file a lawsuit. These lawyers have been representing clients of malpractice for more than ten years. They know these always and will be able to give you legal advice.
Medical LawsuitX-Men Evolution: Season 1, Episode 10 Video Clips. Duration : 21.22 Mins.
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Q: I just had a breast implants put in and I don't like the way they came out. Can I bring a lawsuit against my plastic surgeon if he won't fix them for free?
A: There are two issues here. The first is your unhappiness with the result of the breast implants. The second is whether you can sue if he does not repair the first result for free.
First- the fact that you had breast implants suggests that you were not satisfied with your physical appearance to begin with. Breast implant and plastic surgery cases are inherently bad cases for me to take because they involve subjective feelings, opinions and impressions by the patient. Specifically, the patient is not happy with how they appear initially, and after the procedure, they are still not happy with the result. Just because you are unsatisfied with the breast surgery results does not mean that there was evidence of malpractice.
There are always risks associated with any surgery. I am positive that your plastic surgeon gave you a detailed form called an Informed Consent sheet that described the procedure. You may have also been given brochures or reading material describing the risks, benefits and alternatives to this breast surgery you were going to have. Again, I assume that since you went forward with the surgery, you signed this consent and recognized that there was a possibility the outcome might not be perfect.
The second point is that you must address your displeasure with your plastic surgeon. There are times when the doctor will agree to revise the procedure at no cost to you. At other times the doctor believes he or she did a good job, but other factors contributed to the poor outcome, and he may not be agreeable to revise the procedure for free.
Remember, you are free to bring a lawsuit, but the question is whether your case really has merit, and whether it is financially beneficial for you and your attorney to proceed.
In my opinion, I do not accept plastic surgery cases unless it is clear, based upon expert medical review, that there are departures from good care (not just that the patient is unhappy with the outcome of their boob job, or nose job), that the departures were a substantial factor in causing injury, and that the injury is permanent.
Gerry Oginski is an experienced 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
What type of lawsuit could be more psychologically devastating than a medical malpractice lawsuit? We literally put our lives in the hands of doctors and physicians. We trust them to know what they're doing and to make the right, most responsible decisions. For many of us, the idea that they may be negligent or make a mistake never even crosses our mind when going under the knife or taking their professional word as gold. That's why when they let us down it can be such a psychologically damaging situation -- not to mention the physical consequences of their mistakes. But what can we really do about it?
Well, it really depends on the nature of the incident, but there are variety of different damages that can be pursued in a medical malpractice suit. Of course the first to do is talk with an attorney, but to give you a basic idea of the process, let's talk about the damages that you may pursue.
In the vast majority of cases, this type of lawsuit is considered compensatory. This means that any rewards given will be measured by the damages received. That means medical costs due to the malpractice, rehabilitation costs, money paid for personal assistance, painkillers and/or prescription drugs, or even compensation attributed to loss of income from time off work.
However, as mentioned before, medical malpractice brings into play a psychological aspect. And for that reason, even compensatory cases can include another element. This element includes financial compensation for the less apparent side effects of the incident. This is usually the case when the more critical injuries and disfigurements occur and may cover everything from relationship problems, psychological affects, or loss of life satisfaction. These are the kind of things that are hard to put a number on, but most people would agree that receiving some kind of compensation for this type of suffering is better than nothing at all.
What about when medical malpractice results in death? You can be sure that in a case like this a medical malpracticelawyer will do what they can to get even further compensation. This includes for funeral costs, medical costs left to the family as a result, loss of income that puts a strain on the family, and the pain and suffering of family members forced to go on without their loved one.
But there is also a chance that a case will be even more complex than that -- and that is when a doctor is believed to have intentionally caused personal damage to the patient. This is, of course, the most difficult to prove, but it is all the more important to pursue action when damage occurs in these cases based more on maliciousness than negligence. It is important to make sure that others do not end up being victimized in the future. The damages pursued in a case like this are called punitive damages, and the burden of evidence is pretty high.
In this article we're going to go over filing a malpractice lawsuit, who can file, how to file and what is involved in proving malpractice.
Like it or not, malpractice lawsuits are a fact of life. The statistics of how many malpractice lawsuits that are filed each year in the United States alone is staggering. But the statistics are for another article.
So what does someone do if they feel they are the victim of malpractice?
For starters, they'd better file their claim early. That means getting a lawyer who specializes in malpractice and have him process the necessary paperwork. There is a statute of limitations on malpractice suits and filing even one day past the deadline can mean your suit never even makes it into court.
When getting together with your lawyer there is an enormous amount of information that you will need to provide him with. Most of it, if this is a medical malpractice lawsuit, can be obtained from your patient files. If the patient has died because of the malpractice then the family member responsible will be able to get access to the files.
Aside from the information in the files there is other information that the lawyer should be provided with. Any actions the patient took prior to the actual treatment should be noted. Sometimes it's what's not in the file that can mean the difference between winning a losing a case. For example, if the patient tried to get certain tests done but for some reason they kept getting put off, not because of the patient, this information may not be in the file. A call to a doctor's office to make an appointment for tests that had to be put on hold won't necessarily be in the file. Anything the patient or patient's family can remember about all events leading up to treatment may be helpful.
Then, after the lawsuit is filed there is the matter of getting a hold of witnesses. These are people who are going to testify, hopefully on your behalf. The defense, of course will get their own witnesses to refute whatever claims are made.
Eventually, a court date is set for trial. The main duty of the prosecution is to prove that a case of malpractice exists. The duty of the defense, in the case of medical malpractice, is to show that a "standard of care" was given and that whatever happened was something that was out of their control.
Needless to say, this is a very long and expensive process. Some malpractice suits can take years to settle. Think about the current Vioxx problem. This is a suit that can go on for a very long time. That's why in the cases of many malpractice lawsuits the two parties try to agree on a settlement to keep the case from going to trial. Sometimes they are able to come to an agreement but many times they are not.
Ultimately, the jury must decide if a case of malpractice exists and if so, what kind of damages the patient is entitled to. Sometimes this is actually the hardest part of the decision making process. Whatever money the plaintiff gets usually goes to cover medical, or unfortunately, sometimes funeral costs.
Malpractice is an ugly part of life, but it's a part of life just the same.
------------------------------------------------------- Michael Russell Your Independent guide to Malpractice -------------------------------------------------------
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.
If you are thinking about filing a lawsuit for medical malpractice, there are some things that you need to ask before you run out and seek legal services. Since you are going to invest a significant amount of time and money, make sure that you can answer yes to at least one of the following questions:
Did your doctor fail to diagnose or treat your disease in a timely manner or was there a delay in your treatment that made it worse?
Did your doctor fail to notice and act upon an abnormal test result?
Did your doctor fail to order the correct tests or did your doctor fail to refer you to a specialist for additional testing or treatment in a timely manner?
Did the injury in question occur while you or a family member was under the care of a physician, a hospital or a health care provider?
Did your prescription medication cause you injury?
Did your doctor fail to fully disclose specifics of your medical condition or all the risks of your surgery? If so, was the injury a result of one or more of those undisclosed risk factors?
Were you injured because the doctor or the hospital staff was not fully trained in the use of medical equipment or were you injured due to faulty equipment during a medical procedure?
Were you improperly rushed out of a hospital or from your doctor's care? Was that instrumental in worsening of your condition?
Do the records show someone questioned the diagnosis, or the appropriateness of specific procedures, tests or treatment provided?
Did your doctor or hospital fail to advise you or provide you the best treatment options for your condition?
If you can answer yes to any of the above, then it is time to back it up with medical facts. You need to do this by getting a second opinion from the appropriate physician in the field of medicine that is specific to your issue. Your attorney can direct you to the local expert physician in that area of medicine for your second opinion. This act, by itself, is paramount to the strength of your case.
You should also have a checklist [http://www.legal-services-for-less.com/medical-malpractice.html] of some of the common items an attorney will ask you to present or do to strengthen your case. If you do these self-organizing tasks, you will better your chances of having a successful medical malpractice case to get the compensation you deserve.
Curtis Collins is a legal services consultant since 1999 and the website author of [http://www.legal-services-for-less.com]
When a professional does something improper, immoral or illegal while performing his duties either intentionally or because of carelessness or ignorance, he is said to have committed a malpractice. The professional here fails to follow generally accepted standards and guidelines causing damage to the client or person using his services. The most talked about malpractices are medical practices (applicable to physicians, surgeons, dentists) and legal malpractices (applicable to lawyers). Though, legal suits for malpractices against accountants (in the case of Arthur Andersen) and investment advisers (in the case of Merrill Lynch) have also been reported.
A malpractice lawsuit alleges the professional of negligence, of not performing as per the legally prescribed standards thus not protecting the client against unreasonable risk. Doctors who provide bad, unskilled and negligent treatment cause injuries to a patient. Similarly a lawyer who fails to file a suit on behalf of his client within the limitation period prescribed by the law is negligent in his action. Many states have passed laws codifying well-defined standards of the profession in order to establish whether a particular treatment or service provided was negligent or not.
A physician can prevent a malpractice lawsuit from going to the court by following simple procedures. He should increase clarity of his notes provided to the patient besides improving communication and fixing lapses in patient service. He should avoid all non-clinical errors and add a consent-to-settle clause before treatment. A mild apology sometimes settles the issue amicably if the consequence is not severe.
It is generally accepted that malpractice lawsuits should be filed to claim damages from the erring professional. At the same time, it is not a good practice to sue a professional for frivolous reasons when the professional has not committed a mistake or erred while dispensing his professional duties.
For medical malpractice lawsuit’s outcome in your favour is dependent on concrete evidence in order to prove that wrongdoing was done by the doctor or the medical care provider. This is because many times the proper course of action is a judgment call by the doctor or the medical care provider.
However, if you are certain that medical malpractice can be established and you have the necessary evidence to prove it, then you should pursue the medical malpractice lawsuit. A point to remember is that even if the actions taken by the doctor were right, he should know about the adverse effect his treatment can have, and it is his responsibility to inform you and your family members of the side effects of the treatment.
If the doctor informs you that the success rate of the treatment is 99 percent but the possibility of the treatment not working is 1 percent, and you or your family had the misfortune of falling in the 1 percent category, going for a medical malpractice lawsuit would be a waste of time unless there you can prove that there was a safer medical procedure that the doctor or the medical care provider could have followed.
However, there have been many instances when the doctors have made poor medical decisions that have had disabling effects on the patients and in extreme cases caused deaths of patients. A doctor cannot afford to be wrong, and if he feels that he has a doubt, he should seek advice or opinions from his peers and discuss the further course of treatment.
If you feel that you or your family have been a victim of medical malpractice, you should find a good medical malpracticelawyer to fight your case. However, you should be aware that you would have to submit all the proof required to prove the doctor’s negligence and mistakes made by him.
Did you know that medical malpractice lawsuits are quite different in practically all respects from other lawsuits? If you did not know this, read on the article to get details about these lawsuits.
Medical malpractice refers to the failure of a healthcare provider to provide accepted standards of service. If the healthcare provider deviates in any respect from the norms of treating a patient, it is termed as medical malpractice. This failure or deviation is very dangerous for a patient as it can cause injury to him, or in extreme cases lead to the patient's death. This means that medical practice is nothing but professional negligence on the part of the healthcare provider.
Just like in other lawsuits, even in medical malpractice lawsuits there is a plaintiff and defendant. The plaintiff will be the patient, while the defendant is the healthcare provider, who can be a doctor, physician, therapist or dentist. In case the malpractice led to the patient's demise, the plaintiff's role is assumed by an individual who is the administrator or executor of the deceased patient's estate.
Even a hospital, clinic or medical center can be sued for medical malpractice. Depending on the gravity of the case, managed care organizations or medical corporations can be defendants too. Even nurses can be liable as previous cases have shown us that non-physicians cannot be protected for just following orders.
A medical malpractice lawsuit should prove that the medical treatment or care that was supposed to be given or undertaken by the healthcare provider was not done so. In addition, it must also be proven that the healthcare provider failed to perform his or her duties according to the prescribed standards. The case should further prove that the duties performed by the healthcare provider were breached. All this can be done by sworn testimony or proved results of obvious errors.
Medical malpractice cases are similar to tort cases. The plaintiff's attorney first files the lawsuit. The time between the filing and the trial is then used for sharing information between the concerned parties. This period involves depositions, interrogations and requests for documents. If the two parties cannot come to a mutual understanding, the case then proceeds for trial.
In the trial, it is important to have expert witnesses who should have enough training, education and knowledge about the specific medical issue. It is only then they can qualify as experts witnesses. If the plaintiff wins the case, he can be awarded punitive as well as compensatory damages.
About Author: Pauline Go is an online leading expert in medical industry. She also offers top quality finance tips like:
What is medical malpractice? This is a term that is used to describe any incorrect action by a member of the medical profession. Generally speaking, it references the treatments or lack thereof, and/or any other alteration from what would be considered the normal, typical means of medical care, health care, or safety.
Medical malpractice lawsuits can be brought up against many different members of the health care field. These lawsuits can be brought up against health care providers which results in some sort of problem having impacted a patient. These lawsuits may be against doctors, nurses, dentists, hospitals, pharmacists, chiropractors, as well as many different people or organizations which are involved in the medical profession.
If you believe that you or a loved one has been the victim of medical malpractice, you or more likely, an attorney representing you, will need to present a case which convinces a court of the following three key points:
1. Action by a Provider was to be performed:
Your side will need to be able the court that certain of treatment was to be performed on the patient.
2. Provider failed to perform that action:
Your team will need to convince the court that the health care provider was negligent in their actions in some manner and failed to perform the intended tasks or procedures in an acceptable manner.
3. An injury resulted
As a direct result of the actions performed by a provider, you or your loved one suffered some sort of injury.