Medical Malpractice Lawsuits - An Overview

A medical malpractice claim is filed by the injured party or someone acting on behalf of the injured party (e.g., executor of an estate in the case of wrongful death) against a defendant. The defendant can be the health care provider (e.g., specific doctor) as well as where they work (e.g., hospital, medical practice, etc.).

A plaintiff must be able to show the following four elements:
o The defendant owed a legal duty of care to the plaintiff (generally if someone goes to a health care provider for treatment this is satisfied)
o The duty was breached (this means that they acted in a way that was counter to their duty of care, unsuccessful procedures do not necessarily mean there was a duty of care breached)
o The breach of duty caused an injury (if the injury existed prior to the treatment and there is no additional injury then this element is not satisfied)
o Damages (pecuniary and/or non-pecuniary) must be established

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The plaintiff must be able to establish the above four elements in order to succeed in a claim against a defendant. It is important to note that if a medical professional is following standard procedures and the treatment does not work or even results in death it is not necessarily medical malpractice. It is only medical malpractice when it can be shown that the defendant breached a duty of care (acted negligently). Examples of this type of negligence include giving the wrong blood, prescribing the wrong medicines, and performing the wrong procedure.

Medical Malpractice Lawsuits - An Overview

Only an experienced attorney apprised of all the facts of your case can determine if the four required elements can be met. It is important when discussing a case with an attorney that you provide as much information as possible including medical records. Damages awarded can include pain and suffering, loss of income, and compensatory and punitive damages.

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If you are facing complex legal issues, the advice of medical malpractice attorneys, personal injury attorneys, or wrongful death attorneys is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.

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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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Medical Malpractice Lawyer - Medical Malpractice Attorneys & Lawsuits

Medical malpractice is an act by a health care provider that deviates from acceptable standards of practice in the medical community. Basically, medical malpractice is professional negligence which causes an injury to the patient.

The United States has developed a specific medical law covering medical malpractice. A doctor will be liable of medical malpractice unless he/she is shown to have acted in accordance with a reasonable body of medical opinion.

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One type of medical malpractice is birth injury. Occasionally during birth, a child may suffer physical injury as a result of doctor mistakes, hospital mistakes or by the mistakes of other professionals during the delivery process. Common birth injuries include skin irritations, fractured collar bones, brain damage, Cerebral Palsy, Erb's Palsy and temporary paralysis. Brain damage is obviously the most serious form of birth injury as it can result in seizures, strokes and mental retardation later in life.

Medical Malpractice Lawyer - Medical Malpractice Attorneys & Lawsuits

Another common type of medical malpractice is surgical mistakes. Errors in surgery can result in permanent disfigurement and/or complications due to serious infections. Wrong side surgery (operating on the wrong side of the body), instruments left in the patients body, misdiagnoses and wrong patient surgery are common types of surgical mistakes.

Other common medical malpractice lawsuits these days include failure to diagnose cancer, physician and doctor negligence and anesthesia errors and mistakes. Injuries from these types of medical malpractice are often times very serious and medical malpractice lawsuits taken into action.

If you or a loved one has been a victim of medical malpractice it is very important that you seek help immediately. You may be entitled to financial compensation for your injuries. The general rule in medical malpractice death cases is that one is entitled to recover both economic and non-economic damages suffered as a result of the loss of a loved one. Please contact our experienced medical malpractice lawyers immediately.

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To learn more about medical malpractice or hiring a medical malpractice lawyer, please visit our website at http://www.resource4medicalmalpractice.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

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Lawsuits From Unseen Patients

There is only one thing worse that receiving notice of a medical malpractice claim being filed against you - being served a claim when you never saw or treated the patient!

You can thank history for this anomaly. The basis of vicarious liability dates back to the feudal times of "masters and servants". It basically holds the "master" liable for the actions of the "servants". It is similar to the "deep pocket" strategy of attorneys. Since the servant seldom had the capability to compensate the victim, the master's pockets were deeper and better able to provide compensation.

There are numerous occasions where this principle of vicarious liability can come into play:

• You could be held liable for the actions of an employee within your organization.


• You could be held liable for the actions of a contractual partner within your practice or group.


• You could be held liable for the actions of an ostensible partner - a situation where there is no written contract, but the relationship is perceived to be a partnership.


• You could be held liable for the actions of a medical provider that simply rents space within your facility.

This concept of vicarious liability also extends beyond medical malpractice. As an employer, you could find yourself liable for the actions of one co-worker against another. If an employee is injured by another employee, the employer could be held vicariously responsible for the co-worker's actions, rather than the co-worker directly.

Another unseen patient situation could arise from an informal consult. A simple discussion with another doctor over lunch about the treatment of patient could be considered an informal consult. In a malpractice lawsuit, such informal consults are treated equally with formal consults. Even such casual conversations, likely to surface during discovery motions by a plaintiff's attorney, can create a doctor-patient relationship and duty to the patient.

Claims resulting from unseen patients are not that unusual. And they are not limited to vicarious liability and informal consults. Consider the treatment of your patients for dangerous communicable diseases. If a patient under your treatment infects an unknown person, they could sue you and win - if you fail to advise and counsel your patient on the seriousness of their condition and how to avoid infecting others. As one California court stated, "Such precautions are not taken to protect the health of the patient, whose well-being has already been compromised, such precautions are taken to safeguard the health of others."

At this point in the article, I should remind the readers that I am not an attorney and am not providing legal advice. The information is primarily based on my experiences within the realm of medical malpractice liability insurance.

That being said, there are some common-sense guidelines to help protect yourself from lawsuits of this nature:

• Maintain, and periodically update, your practice's Policies & Procedures Manual, as well as your Employee Manual.


• Maintain detailed records on all formal and informal education undertaken by members of your practice, group, clinic or hospital.


• Maintain detailed employee records of all disciplinary warnings and resolutions.


• Exercise due diligence in hiring employees and entering into real or ostensible partnerships. Think of yourself as an underwriter determining the level of risk.


• Exercise similar due diligence in renting space to another provider within your facility.


• Conduct regular, full-staff meetings to reinforce behavioral patterns and operational procedures within your organization.


• Be wary of any informal or casual conversations about another physician's patient.


• Document and keep a file on all such casual conversations in the same manner you would document a patient visit.


• Issue specific guidelines related to the treatment of patients with dangerous communicable diseases, follow such guidelines to the letter, and document them in the patient file.

The threat and scope of potential litigation against doctors is growing. From the reality of today's economic turmoil to the loss of health insurance by hundreds of thousands of individuals and the growing utilization of non-physician professionals, lawyers are looking at the medical industry as fertile ground for lawsuits. Therefore it is critical that every organization audit and assess its operations from the viewpoint of the patients - both those you see and those you may not see.

J Michael Rosenthal, ARM - President and CEO, RGI Insurance Services

Mike Rosenthal is an Associate in Risk Management (ARM) and CEO of RGI Insurance Services. RGI Insurance Services provides all types of insurance for doctors and medical groups such as medical malpractice, workers compensation and group benefits as well as risk management services, human resource services and OSHA compliance services.

Medical malpractice and frivolous lawsuits

In this video, Connecticut asked for a lawyer you are putting yourself in the shoes of a victim of medical malpractice. What can be done to make your life right?



http://www.youtube.com/watch?v=vTgAIo-vX4Q&hl=en

Medical Malpractice Lawsuits

Unfortunately, medical malpractice happens everyday somewhere in the world. Everybody has the right to get the medical treatment that they need. No matter what your problem is, you should be able to walk into your local doctor's office, find the answers to your health concerns and receive the treatment that you require. You should be treated with respect and dignity and everything that you tell any medical professional should be kept confidential. However this is not always the case.

Sometimes medical professionals do not provide the appropriate treatment or they do not provide the sympathy that their patients deserve. Medical malpractice law states that all patients should be treated with respect and the appropriate treatment should be given as and when is needed. When things do not go as planned, that is when medical malpractice lawsuits are filed.

Understanding Medical Malpractice Lawsuits

If you have been unfairly treated or if your doctor has overlooked a simple problem, you can file medical malpractice lawsuits against them. Doctors train for years to be able to help people and members of the public rely upon them to do their job properly. A misdiagnoses can really affect a person's life and in some cases it can even be fatal. That is why medical malpractice law exists. It is there to protect members of the public and to ensure that they receive the right treatment as and when it is needed. I

f you have suffered from a misdiagnoses then you will need to find a medical malpractice lawyer. There are many lawyers who specialize in medical malpractice law and finding one should not be a problem. However, finding a good one may take some time.

Ideally when you look for medical malpractice attorneys, you will need to look into their qualifications. You want somebody who is passionate about what they do and who will help you to get the compensation that you deserve. In some cases no amount of money can help you to get over the poor judgment made by medical professionals; however by filing medical malpractice lawsuits, you can help to ensure that a wrong diagnosis is not given to other people in the future.

Try and make an appointment with a medical malpractice attorney wherever possible. This initial appointment gives you a chance to ask various questions in order to see if they are the best person to help you. Test their knowledge on medical malpractice law. Perhaps do a little research yourself beforehand so that you know whether they are telling you the truth. Of course you should book an appointment with more than one medical malpractice attorney if you are to get the best advice.

Overall the right medical malpractice lawyer will be able to help you to get justice for any wrongdoing you have been subjected to by a medical practitioner. Medical malpractice law is set up to protect you and there are hundreds of medical malpractice lawyers who are wiling to get you the help and the compensation that you deserve.

To learn more about Medical malpractice lawsuits, check out the Free Consumer Review Web Site.

Medical Malpractice Lawsuits - An Overview

A medical malpractice claim is filed by the injured party or someone acting on behalf of the injured party (e.g., executor of an estate in the case of wrongful death) against a defendant. The defendant can be the health care provider (e.g., specific doctor) as well as where they work (e.g., hospital, medical practice, etc.).

A plaintiff must be able to show the following four elements:
• The defendant owed a legal duty of care to the plaintiff (generally if someone goes to a health care provider for treatment this is satisfied)
• The duty was breached (this means that they acted in a way that was counter to their duty of care, unsuccessful procedures do not necessarily mean there was a duty of care breached)
• The breach of duty caused an injury (if the injury existed prior to the treatment and there is no additional injury then this element is not satisfied)
• Damages (pecuniary and/or non-pecuniary) must be established

The plaintiff must be able to establish the above four elements in order to succeed in a claim against a defendant. It is important to note that if a medical professional is following standard procedures and the treatment does not work or even results in death it is not necessarily medical malpractice. It is only medical malpractice when it can be shown that the defendant breached a duty of care (acted negligently). Examples of this type of negligence include giving the wrong blood, prescribing the wrong medicines, and performing the wrong procedure.

Only an experienced attorney apprised of all the facts of your case can determine if the four required elements can be met. It is important when discussing a case with an attorney that you provide as much information as possible including medical records. Damages awarded can include pain and suffering, loss of income, and compensatory and punitive damages.

If you are facing complex legal issues, the advice of medical malpractice attorneys, personal injury attorneys, or wrongful death attorneys is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.

Chicago IL Personal Injury Lawyer Medical Malpractice Lawyer

www.sgklawyers.com Phone 312-782-1386. Personal Injury Attorney Bruce Goodman, Steinberg, Goodman & Kalish Chicago, IL. Serving greater Chicagoland, including Cook County, Dupage County, Kane County, Lake County and Will County.



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