Each year hundreds of thousands of patients step forward with medical malpractice stories of injuries they have suffered such as misdiagnoses, medication errors, surgical errors, limbs that were amputated, to name a few. Each story is unique however, they all have one thing in common, and the damages suffered were all devastating. The trauma the patients all have suffered, such as emotional upset or financial losses, cannot be undone very easily.
Medical Malpractice Stories in the News
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At any time, finding malpractice stories in the news about medical negligence being the cause of an individual's (including babies and children) devastation is often seen. These stories also tell about the legal consequences of medical negligence.
Medical Malpractice Stories
Share Your Medical Malpractice Story with an Attorney
The appropriate course of action depends on the circumstances of the individual's medical malpractice stories. They may have the right to file a lawsuit. There are laws, both state and federal that give the individual the right to hold the negligent party responsible for their actions.
A victim may be entitled to some compensation for the losses they had to bear. For this reason, individuals who have been wrongfully harmed by a doctor, nurse or other medical staff should share their stories with an expert attorney. A professional medical attorney can:
Evaluate the claim to determine if a lawsuit is a possible course of action
Establish the amount of damages that could be sought in a lawsuit - for example, damages for medical expenses, lost wages and mental anguish.
Negotiate a settlement with the responsible party(s) if possible
Act as an advocate for the client throughout the legal process
Malpractice cases have strict time limits called statute of limitations. If you think you have a claim; share with an attorney your malpractice stories immediately. Failing to do so may forfeit your rights.
Medical Attorneys: We will Listen to Your Story
Medical malpractice attorneys have many years experience and have heard these stories from individuals all over the United States. These stories include misdiagnoses of cancer, birth injuries, lab errors and more. Attorneys helped obtain compensation for their clients. Attorneys will listen to medical stories related to malpractice to determine if you are eligible for compensation.
Evaluations are offered at no cost, they will hear your stories and they will answer any relevant legal questions and advise you of your rights.
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Medical malpractice, which is also known as medical negligence, is caused by a physician who gives improper treatment to a health condition, which in turn causes a fresh or worsening health condition. Even though the primary health condition of the patient when he reported for consultation is not the responsibility of the medical practitioner, subsequent problems caused by improper approach in curing the health problem is the sole responsibility of the medical practitioner.
The malpractice may occur due to failure or delay in diagnosing the illness, a mishap, which happened during anesthesia or surgery, or if the practitioner omits to get the concurrence of the patient by providing incomplete details of when a surgery or an operation is to be performed.
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Even though a correct diagnosis was made, subsequent improper treatment of the identified illness also constitutes to medical malpractice.
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Implants, medical devices or prescription drug misuse also forms part of medical malpractice.
Medical malpractice is bound by the statute of limitations. Even with a valid claim, if a patient waits for a longer period, then the claim will be lost. After the malpractice takes place, a claim should be filed within 2 years. Since medical malpractice involves tricky exceptions and procedures, hence even if two years are elapsed it can still be possible to file a case.
A patient should not try to evaluate the claim by himself or liaise with the doctor or the hospital/clinic to work out a compromise. A decision is made by the insurance company which carried the medical practitioner's insurance regarding medical malpractice and they have the final and real "say" in the case.
It is the obligation of the attorney concerned to efficiently and quickly determine whether there is an actionable, good case. Medical malpractice cases are very expensive to go through, they are complex and can be a high risk for recovery and frequently involve the personal "attachment" of the client.
A detailed medical history dealing with the hospitals and physicians who gave the treatment should be obtained by the attorney prior to the filing of a medical malpractice case. A written summary highlighting all medical treatment received which should include symptoms, conversations with medical professionals and the type of treatment given is required. The attorney will initiate steps to procure all the relevant records from the hospitals or the doctors as a proof of medical negligence.
Normally a medical expert will be appointed by the attorney to determine the extent of medical malpractice. The expert should have been certified in the relevant medical field by the concerned board since he has to appear as a witness to answer questions and give an expert opinion.
With reasonable certainity, the medical expert should conclude that the cause of the damage to the patient is due to the action or inaction of the physician after investigating the procedures thoroughly.
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Lucy Bartlett is a proud contributing author. Find more articles here. For more info visit Law [http://malpractice-advice-online.info] or Medical Malpractice [http://malpractice-advice-online.info/medical-malpractice.htm]
'Medical Negligence' refers to a mistake committed by a doctor while treating a patient. Each year, several such cases are brought to the court of law. If you too are a victim of medical malpractice, you have the absolute right to consider a malpractice claim against the health professional in question. However, to win such a case, it is essential to provide suitable evidence to prove that he/she was negligent during the treatment and that his/her action or complete lack of action caused further damage to your physical condition.
As such claims are expensive and very difficult to prove, it is advisable to prepare yourself well and analyze all the pros and cons before taking any decision. Here are 5 steps to follow before proceeding to the court to sue your doctor for medical negligence:
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1) Get in touch with a reputed attorney who has sufficient experience in dealing with medical malpractice cases. Hiring a lawyer might cost you a bit, but it is essential as he/she can help you file a lawsuit against the doctor in question.
Sue a Doctor For Medical Negligence - 5 Steps to Follow to Win the Case
2) A medical negligence claim is not very easy to prove. Therefore, before you proceed to the court, make sure you have enough evidence to establish that deviation from the normal standard of care harmed you and that other doctors of the same skill and experience level would not have acted in this manner.
3) Besides, to establish your claim, you would need to provide witnesses. An expert testimony can make the scale tilt in your favor. Therefore, locate as many expert witnesses as you can.
4) Next, collect suitable documents that can prove that the injury that you suffered was caused due to your doctor's negligence. Bear in mind, that you cannot sue a doctor for an injury that was caused before you consulted him/her.
5) During the trial, make sure you bring at least two copies of all your medical records to the court. You have the absolute right to demand a copy of your records from the doctor's office. Also, file medical records from the office of the doctor who treated the injury caused due to the negligence of the accused practitioner.
To put it in simple words, if you do proper research, follow the above guideline, and collect enough evidence to prove your claim, you are sure to win the case against the negligent doctor.
Sue a Doctor For Medical Negligence - 5 Steps to Follow to Win the CaseKaty Perry - The One That Got Away Tube. Duration : 4.85 Mins.
Sometimes you promise someone forever but it doesn't work out that way. Watch Katy Perry and Diego Luna star in the sixth chapter of the "Teenage Dream" story. Do you have "The One That Got Away"? Download "The One That Got Away", the sixth single off Katy's album 'Teenage Dream' here: goo.gl Music video by Katy Perry performing The One That Got Away. Directed by: Floria Sigismondi / Produced by: Jannie McInnes & Danny Lockwood (P) (C) 2011 Capitol Records, LLC. All rights reserved. Unauthorized reproduction is a violation of applicable laws. Manufactured by Capitol Records, LLC, 1750 North Vine Street, Hollywood, CA 90028.
In the United States, medical malpractice is very common. Anesthesia medical malpractice make up the majority of these malpractice cases, ranking twelfth highest of the medical specialties where doctors in these specialties have to pay compensation for their mistakes. Anesthesia malpractice is life changing. A doctor's negligence can cause permanent damage to the brain and even death.
Even though medical malpractice is common, proving negligence with anesthesia cases against the defendant is not easy to do. One reason is that a patient is heavily sedated, even unconscious at times, when given anesthesia. Another reason proving doctor's negligence is difficult is because there is little to no notes taken for a patient's medical record during surgery.
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How Can Medical Malpractice Related to Anesthesia be Avoided?
Anesthesia Medical Malpractice
Taking thorough notes on every patient should be standard by hospitals, so any chances of anesthesia malpractice can be avoided. Unfortunately, this is not always the case, and while the patient is under anesthesia, an error occurs. A patient's medical record should include:
A pre-anesthesia exam
Informed consent form
Operative record
Transfer notes
Doctor notes
Post-anesthesia record
Regrettably, there are cases when notes of a patient were taken but sadly, they were "altered" or "misplaced" to cover up their misconduct. Malpractice insurers and professional medical societies have a duty to inform health care professionals not to alter any medical records. Nonetheless, this professional and ethical advice gets forgotten when a mistake does occur that was life altering or even life threatening.
Where Does Medical Malpractice Happen?
It is often thought that medical malpractice with anesthesia takes place only in an operating room. This is not the case, anesthesia mistakes can occur before surgery, after surgery, any procedure room and even in a dental office. Any type of situation where anesthesia is given can result in malpractice, from childbirth to a simple dental procedure.
A patient can suffer many different types of problems due to this type of medical malpractice. Some of the more common injuries a patient can suffer include:
Cerebral palsy
Brain damage
Nerve damage
Paralysis
How Can You be Prepared?
Most of these anesthesia malpractice cases are unintentional but not any less devastating to an individual. It is important to be aware of these mistakes and be prepared for them. Sharing your medical records with your doctor, anesthesiologist, and close family members is a good way to be prepared. Make sure you and others are aware if you have any allergies or if you could have a harmful reaction before administering the anesthesia.
If you or someone you know, was a victim of an anesthesia medical mistake contact an experience medical attorney immediately. They can evaluate your claim and will go over all of your legal options.
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1. If your doctor did not have your informed consent to perform a medical procedure that caused you an injury;
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2. If your doctor was negligent, and the negligence caused your injury.
Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?
Informed Consent to Medical Treatment:
Everyone has the legal right to decide what can be done with his or her own body. Because of this legal right, your doctor needs your permission, (the legal term is consent) before he or she can treat you.
What is Informed Consent?
You can only give proper consent if you are provided with all the information that is necessary to make a decision about the proposed medical treatment. It is not acceptable for your doctor to simply ask if he or she has your permission to perform a medical procedure. Doctor: "Can I take your kidney out?"
Patient: "Umm okay."
You must be able to understand the reasonable and foreseeable consequences of giving permission (consent), or not giving permission, for the medical procedure.
In Canada, it is generally accepted that in order to provide proper permission for medical treatment your doctor must explain to you:
o The nature of the proposed medical procedure;
o The reasonable alternatives to the proposed medical procedure; and
o The relevant risks, benefits, and uncertainties related to each alternative.
Your permission or consent may be expressed in words or implied by your actions. For example, when you are undergoing a surgical procedure your doctor will usually get you to sign a consent form as part of the consent process to confirm your permission to perform the medical procedure.
Any medical procedure that is performed without proper informed consent is considered to be an assault. The doctor who performed the medical procedure is responsible for any injury suffered by the patient as a result of the medical procedure.
Unfortunately, it is very difficult to win medical malpractice cases involving allegations of informed consent. Often the question of whether the risks were properly explained to the patient boils down to the doctor's word against the patient.
In most of the reported medical malpractice cases across Canada, judges and juries tend to favour the doctors word, unless there is clear evidence to support the patient's version of events.
Therefore, it is important to document the consent process by making notes of any discussions that you have with your doctor before you undergo a medical procedure. Particularly any discussion you have with your doctor about the risks, benefits and alternatives of the proposed medical procedure.
What is Negligence?
People are not expected to be perfect. Just because someone makes a mistake does not necessarily mean the mistake was negligence. But sometimes a mistake is so obvious it is considered to be negligent.
Doctors and nurses are expected to use reasonable care and judgment when treating patients. Doctors and nurses are expected to meet the standard of care expected of a reasonably competent doctor or nurse. If they fail to meet the standard of care, that's negligence.
What Do You Have to Prove to Win Your Case?
There are four things that you have to prove in order to win your medical malpractice case:
1. Standard of Care:
You will need expert evidence to show what standard of care is expected of a reasonably competent doctor. Doctors in the same specialty as the negligent doctor must be willing to testify that the conduct of the doctor fell below accepted standards. Doctors are not expected to be perfect. But they are expected to be reasonably competent.
2. Breach of the Standard:
You will need expert evidence to prove that the doctor did not meet the standard expected of a reasonably competent doctor.
In other words, did they do something that they should not have done, or did they fail to do something that they should have done?
Making a simple mistake or getting a bad result is not enough - you must prove that it was a significant error which directly led to your injury.
3. Causation:
Not only must you prove that the doctor breached the standard of care; you must also prove that the breach actually caused your injury.
It is possible that a doctor can be negligent (breach the standard of care), but the negligence isn't what caused the injury
For example, failing to wear surgical gloves during an operation is a breach of the standard of a competent doctor. But it is not likely to have caused you to suffer a stroke during the operation.
On the other hand, failing to wear gloves may very well cause a surgical wound to become infected, leading to serious injury or death.
4. Damages:
Finally, you have to prove what the financial consequences of the injury has been so that the court can award damages for pain and suffering, and any income loss or medical expenses as a result of your injury.
You will need experts like a physical medicine specialist to prove the extent of your injuries; a vocational expert to establish how your injuries affect your ability to work; an actuarial or economic expert to calculate your past and future income loss and future pension loss.
Medical malpractice claims in Canada are complicated, expensive and risky. If you think you or a family member has been a victim of medical malpractice it is important that you contact an experienced Canadian medical malpracticelawyer to get some advice.
Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?Amy Winehouse - Our Day Will Come: Amy Winehouse Tribute Video Clips. Duration : 3.20 Mins.
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John McKiggan is a medical malpracticelawyer from Halifax, Nova Scotia and a founding partner in the law firm Arnold Pizzo McKiggan. Mr. McKiggan has been representing victims of medical malpractice for 18 years. He is the author of The Consumers Guide to Medical Malpractice Claims in Canada. Visit his website at http://www.apmlawyers.com or his blog http://www.halifaxpersonalinjurylawyerblog.com
Illinois medical malpracticelawyers face long trials steeped in endless expert testimony, caveats in civil procedure and usually hundreds of thousands of dollars at risk, all the result of emotionally heart wrenching cases involving deaths, amputations, paralysis, brain damage, and almost always, pain and suffering. Among the critical roles that attorneys play in medical malpractice cases, the role of proving pain and suffering is one of the most challenging.
Paralyzed in silence on an operating table, a 53-year-old patient was unable to react when he experienced anesthesia awareness during open heart surgery. He suffered the pain of a bone saw cutting through his sternum and jolts of excruciation as doctors shocked his heart. He listened in agony to conversations among the surgical team that was completely oblivious of his anesthesia awareness. The patient was unable to move, scream or give any kind of indication that he was in pain. After surgery, the patient was diagnosed with post-traumatic stress syndrome. The patient hired a lawyer to raise pain and suffering as a cause of action in a medical malpractice case. Although there was no other cause of action involved in the case, the patient was awarded 2,500.
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Most Illinois lawyers know that as of 2001, pain and suffering is no longer just an element of damages, but a cause of action in medical malpractice. It is every medical professional's duty to treat and effectively control pain. Inferring that pain is all in a patient's head is no longer a valid defense.
Illinois Medical Malpractice Lawyers Take on the Challenge of Proving Pain and Suffering
Pain and suffering cannot be seen or heard and usually, there is no physical evidence to prove its existence. Illinois lawyers are called upon to prove the invisible, working against hundreds of years of social and cultural ideologies, to show the 12 member juries what is silently tormenting their clients.
To make matters more complicated for medical malpracticelawyers, medical professionals usually disregard pain and suffering. In order to treat severely injured patients effectively, many of the best doctors do not allow themselves to empathize. As a result, pain and suffering is a symptom that is easily ignored.
In addition to medical professionals, juries can also be unwilling to empathize with patients who raise pain and suffering as a cause of action for medical malpractice. Illinois medical malpracticelawyers have to work against strong political beliefs and viewpoints of jurors. Republican-minded jurors tend to be less sympathetic with a patient's pain and suffering and more cognizant of the need for tort reform. There is a strong ideology that patients should be able to deal with pain and not open the floodgates of new litigation into the judicial system. Unlike other causes of action, such as severe burns, quadriplegia, and mutilation, pain and suffering is invisible and impossible to objectively quantify, so it is all too often disregarded.
When jurors have blind faith in both the medical community and politicians, it can be difficult for Illinois medical malpracticelawyers to garner sympathy for patients who have no scars or physical proof of pain and suffering. Thus, plaintiffs who endure undue pain and suffering that breaches the standards of care, have a cause of action for medical malpractice, but still face the challenge of presenting a case that can break through the social and political ideologies of jurors.
The July 2006 edition of The Economist reported that understanding pain and suffering is one of leading neurological issues of our time. The old saying "it's all in his/her head" is not too far off base, as pain and suffering truly is regulated by nerves in the brain. Unfortunately, the human brain is one of the least understood areas of medical science, and many patients continue to endure it. As long as pain is silently endured, Illinois medical malpracticelawyers face the challenge of proving that it exists.
Illinois Medical Malpractice Lawyers Take on the Challenge of Proving Pain and SufferingKaty Perry - The One That Got Away Tube. Duration : 4.85 Mins.
Sometimes you promise someone forever but it doesn't work out that way. Watch Katy Perry and Diego Luna star in the sixth chapter of the "Teenage Dream" story. Do you have "The One That Got Away"? Download "The One That Got Away", the sixth single off Katy's album 'Teenage Dream' here: goo.gl Music video by Katy Perry performing The One That Got Away. Directed by: Floria Sigismondi / Produced by: Jannie McInnes & Danny Lockwood (P) (C) 2011 Capitol Records, LLC. All rights reserved. Unauthorized reproduction is a violation of applicable laws. Manufactured by Capitol Records, LLC, 1750 North Vine Street, Hollywood, CA 90028.
Emily Gleason is a law student at John Marshall in Chicago. For more information about Illinois medical malpractice laws, please visit [http://www.findgreatlawyers.com//MedicalMalpractice.php] , a leading resource for referrals to Illinois medical malpracticelawyers and Illinois medical malpractice information.
Medical malpractice is serious regardless of how serious the victim's anguish is. Whether the victim is maimed, unable to walk again, killed, or caused serious mental and/or financial anguish, a bigger crime is at hand. The doctor who was practicing medicine on the patient lost their competence, if only for a moment. This, in the profession the world trusts its life to, is a crime.
Victims of medical malpractice who are injured for life, such as those who are maimed, have an obvious reason to file a lawsuit. These people already know that since they have suffered from medical malpractice they should find a local malpractice attorney office to claim their due. After all, these victims are very likely either working two jobs to pay off their mounting medical bills that bad doctor caused them, or they are too injured to work. Many of these victims are at home in bed, in pain, and worried about how their bills are going to be paid.
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Other victims of medical malpractice include the family and friends of the person who was killed due to a doctor's negligence. These persons are left to pay the medical bills of their loved one, as well as pay costly funeral expenses to put the original victim to rest.
Medical Malpractice - The Larger Issue
Many victims of medical malpractice suffer primarily mental or financial anguish. These people are the lucky victims we get to meet, and we believe they have been appointed to stand up for what the injured, the maimed, and the dead cannot: Fight against medical malpractice so that more lives are not ruined or lost.
Your medical malpractice lawsuit is a tool to help refocus American doctors on what's important. Hit their pocket book and see that they think about their patients and not the golf ball. If you have a medical malpractice case on your hands, hand it to competent local medical malpractice attorneys who see the bigger picture.
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Often, one of the most important elements to a medical malpractice case will be depositions, which may go a long way to determining the course of the case. Depositions are hearings witch occur out of court during which testimony is gathered from witnesses, the content of which might otherwise take up countless hours of valuable court time to ascertain. This testimony is then reduced to a written record, which will then later be used in court. Simply put, a deposition is a legal questioning.
Depositions are used to gather information that will be relevant to the trial. In medical malpractice cases, this will include information like:
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Your experiences before, during, and after medical treatment. You will be expected to describe what treatment was like, and any injuries that may have occurred as the result of treatment.
Information from the physician in question. The doctor or healthcare professional being accused of medical malpractice will need to describe the medical care he or she administered, in detail.
Testimony from expert witnesses. In medical malpractice cases, the expert witnesses are other doctors who are familiar with the standard level of care and procedures involved in the case. His or her testimony will determine if the physician's care was adequate.
Medical Malpractice and the Deposition
Depending on your case, there may be even more testimony taken during depositions.
Benefits of Deposition
One of the chief reasons for depositions is to establish information while a witness still has a fresh memory of events. Often, trials occur months or even years after the incident in question. It's important to get a record of the testimony while it is still fresh in the minds of the people involved.
Like all other forms of legal discovery, depositions are taken so that both sides can have access to the same information. It provides a fair and equal amount of information before the trial begins, and prevents surprise witnesses that give one side an unfair advantage.
The Procedure
Depositions are taken in the presence of a court reporter, who will take stenographic notes of the hearing. Audio and/or video recordings may also be taken, but their advisability in court varies by jurisdiction. Like in an actual trial, you are sworn to an oath of truth before giving your testimony.
If you'd like to learn more about the deposition process and how it can affect your medical malpractice trial, visit the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., today.
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In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case. That is why most NY attorneys will usually take only significant cases.
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2. You exaggerate and lie.
Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice Lawyer
If you exaggerate on any aspect of your case, your lawyer may question your credibility. Your believability is the key to your case. If a jury finds that you have exaggerated your injuries or the facts, there's a very good chance they will turn you out of court without any compensation. If you lie, either to your lawyer, or to a jury at trial, your credibility is gone. Your lie, regardless of whether it is a 'little white lie' or a really big fib will likely destroy your entire case. If a jury sees that you have lied, you could possibly subject yourself to perjury charges and lose your case.
3. It's a judgment call by the attorney.
The attorney may be on the fence about your case. The expert may find there is liability that caused harm. However, there may be something else in your set of facts that cause concern for your lawyer. Your lawyer will make the ultimate decision whether to take on your case. Some lawyers make a gut-instinct call to either accept or reject a case after your initial meeting. If your case is rejected, your lawyer will give you your options and advise you to seek another legal opinion immediately in order to protect your legal rights.
4. You are demanding.
Have you ever walked into a store or a restaurant and heard a customer demand food, utensils, a service in a loud and obnoxious voice? Sure you have. We all have. How about the demanding customer who treats the store clerk or waitress like they are hired help with their sole purpose in life is to serve this one customer? How do you think the store clerk or waitress feels when a demanding customer comes in? Of course the 'customer is always right', but how much abuse can a person take before saying something?
There are potential clients like this too. When they come into a lawyer's office, do you think they get better service or worse service by being so demanding? "I want you working on my case exclusively...I only want you call me at the office, not home...Do not send me any emails...I want to make them pay...I will never settle this case..."
5. You insist you have a case and refuse to listen to the lawyer.
You go to a lawyer for legal advice. If you don't listen to the lawyer's advice, why go to a lawyer in the first place?
6. You think you know more about lawsuits and trials than your New York Medical Malpractice Trial lawyer.
Unless you've gone to law school and have practiced law for more than 20 years handling medical malpractice and personal injury law in New York, how could you possibly know more about these types of cases than the experienced lawyer you are consulting with?
7. You are a repeat litigator with multiple small lawsuits.
There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there's nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you 0 for a repair, your medical malpracticelawyer may sense trouble in the future from your legal history.
Conclusion:
Hopefully this will give you some insight into what an experienced New York medical malpractice & accident attorney looks for when you walk into his office.
Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice LawyerDaughtry - Crawling Back To You Video Clips. Duration : 3.63 Mins.
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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. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.
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.
While physicians get most of the credit when a patient is cured, the reality is that in many cases, that patient's recovery would not have been possible without a nurse. Conversely, physicians also receive most of the blame when a patient is injured or passes away. In many cases, though, nurses may be to blame.
Nurses work in all parts of the treatment process. They often lay the groundwork for diagnosis, they assist with treatment procedures, and they tend to patients' needs as they recover. Each of these steps is vital in curing a patient's ailments. Unfortunately, there are many potential chances for error in these steps.
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Most commonly, nursing medical malpractice occurs when a nurse fails to tend to a patient's needs. This includes:
Nursing Medical Malpractice
· Failing to inform a physician of changes in a patient's condition
· Botching a patient's treatment
· Neglecting to monitor a patient's vitals
· Administering medication incorrectly
· Injecting patients with contaminated needles
Any of these errors may jeopardize a patient's condition and may cause him or her to suffer further ailments. Sadly, some patients may even pass away depending on the severity of the medical malpractice a nurse commits.
Victims of nursing medical malpractice may be entitled to financial compensation if they decide to pursue legal action against the healthcare institution that employs the responsible nurse. Usually, this will be on the grounds of medical malpractice, though families of individuals who pass away may have claims on the grounds of wrongful death.
To learn more about medical negligence and the law, visit the website of experienced Philadelphia medical malpractice attorneys Lowenthal & Abrams, P.C.
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Sometimes it is difficult for people to understand what exactly a medical malpractice case is and you need to read some examples of strong malpractice cases in order to get a thorough understanding. There may be several circumstances under which the medical malpractice case can be registered.
Here are some examples of strong medical malpractice cases:
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Anesthetist is not exactly a doctor but he or she is related to the medical industry. Their job is to give anesthesia to the patient before the medical procedure or surgery begins. In case this person has been negligent or incompetent while performing his job, then the patient will suffer immensely due to the adverse side effects and sometimes it may also result in something serious like coma or death. An anesthetist has the responsibility to find out how to administer and if the patient is suited for the medicine.
Examples of Strong Medical Malpractice Cases
Cancer is another such illness where doctor's neglect reflects big time. If cancer is detected early, the patient chances of surviving are high; and in case it is detected late, then the patient might not survive. So it is a matter of life and death in this case. Once a patient approaches a doctor, early or late detection lies in the hands of the doctor.
Fractures, if not fixed in the right way, can make the patient suffer all their life with excruciating pain or deformity. It depends on the orthopedic doctor to ensure that the bone is set correctly.
Dentists often do not detect oral cancer in spite of examining the patient. Their negligence to identify the early signs of oral cancer can cost the patient dearly and sometimes his life.
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It doesn't matter who you are, medical malpractice can happen to you. Most of the time doctors really do have your best interests at heart, and will do their best to take care of you as much as is medically possible. However, there are the few cases where doctors make mistakes, whether honest mistakes or not, and unfortunately the patient has to pay for it.
When your doctor gives you improper treatment or in some other way neglects you and your medical needs, it is referred to as medical malpractice. Professional negligence by a health care provider can prove to be very harmful, and in the worse case, fatal to the patient.
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Medical malpractice can happen to you, and if it ever does, you are entitled to file a claim against your doctor. Professional negligence can happen when you visit your dentist, your family doctor, and even your obstetrician. There are also known cases of legal malpractice.
Medical Malpractice Can Happen to You
Most professional negligence cases stem from the doctor misdiagnosing the patient, having diagnostic errors, or even a delay in proclaiming the diagnosis. When a doctor misdiagnoses the patient, it often results in treatment of the wrong problem or administering the wrong medications. About 30% of medical lawsuits that are ER-related involve a misdiagnoses. About 20% of said lawsuits occur because the doctor failed to diagnose the patient.
Medical malpractice can happen to you if your doctor does not follow proper procedure, or in very few cases, the doctor deliberately did not do what was needed. Sometimes you are ruled out for a particular diagnosis because of your age or other demographical factors. Whatever the reason it happens, you, the patient, are left with the consequences. Professional negligence can harm you both physically and emotionally.
One thing that is important to know is that if and when you do fall victim to medical malpractice you do have the right to file a lawsuit. In order to treat you the doctor will have you sign a waiver, however this does not mean that you have no control in the case professional negligence occurs. You have the lawful right to file a malpractice suit if and when your doctor is negligent.
If you ever find yourself in a situation where medical malpractice can happen to you, and you decide to file a lawsuit, you may be entitled to a monetary settlement. Several factors will be considered when settling, including extent of damage received and the long-term effects of such damages.
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Don't allow yourself to believe that you have no rights if you have been a victim of medical malpractice. For more insights and additional information about Medical Malpractice as well as finding a wealth of resources to help you determine how to move forward or what to do next, please visit our web site at http://www.malpracticeinfonow.com
Understanding if you are the victim of medical malpractice requires a quick evaluation of the circumstances surrounding your specific incident. What is more difficult than understanding if you are a victim of a medical injury is understanding if you have a legal case for a lawsuit. You should never trust your own judgment in such situations. If you have any suspicion at all that you may have suffered from medical malpractice, you should call an experienced lawyer for a professional consultation. An attorney will be able to confirm if you are indeed a victim and provide an estimate of any compensation to which you are legally entitled.
A valid medical malpractice case requires that you and your situation meet all of the criteria legally set forth for the occurrence of medical negligence or medical injury. Generally, the amount of the damages must be greater than the legal cost of the case. Determination of medical malpractice can be determined by asking yourself the following questions:
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Were you injured during treatment or while in the care of medical professionals?
How to Know If You Are the Victim of Medical Malpractice
To be a victim of malpractice, an injury or some sort of damage must have occurred. This is a requirement of all civil tort cases in the United States. Damages can be physical, psychological, or monetary. In addition, the damages must have been caused unnecessarily, but the line between what is necessary and what isn't can be blurry and has caused heated courtroom debate in more cases than one.
Damages can include any or all of the following: disfigurement, disability, loss of income, loss of capacity to earn future income, pain, suffering and medical expense. The more serious cases will involve several types of damages, especially if they are permanent, such as permanent disability.
Were errors made by a medical professional during your treatment?
When damages occur as a result of medical treatment, it requires that the damages were avoidable. Medical malpractice assumes that had the medical professionals done their job correctly and without error, the damages would not have occurred. Every doctor, nurse, and medical assistant must adhere to certain accepted medical standards. When they deviate from the accepted standards of care, grounds for negligence are created. A doctor or the hospital a doctor works for is legally liable for any injuries resulting from negligent treatment.
Did the errors during treatment cause the injury?
For medical negligence to occur, the injuries must be a result of the negligence. If a personal injury results from the medically accepted standard of care, it may not be able to be considered malpractice. Also, if a doctor makes an error or deviates from the accepted standard of care during your treatment, but it doesn't cause any damage or injury it, also, cannot be considered.
How serious is the injury?
Malpractice claims are usually very complex, labor intensive, and time consuming. The case will be expensive, usually more than the plaintiff can afford should payment be required upfront. Because of this, lawyers pick and choose which cases they will accept very carefully. Even the greatest of lawyers cannot afford to lose too many medical malpractice claims. It would bankrupt them. If the injury is too small, most lawyers will not accept the case. When the cost of the case is more than the damages that can be received, it is not worth pursuing.
An example of a medical malpractice claim that probably wouldn't be accepted is as follows: A doctor makes an error while stitching a wound. The wound becomes infected the next day requiring another trip to see the doctor. The doctor corrects the error, successfully treats the infection, and it completely disappears in two days. No permanent damage occurred. The cost was only an office visit and lost work equaled zero to two days. Many lawyers would not bother with such a case.
Ultimately, you should not be deciding yourself whether you have a basis to file a claim. This decision should be left to an attorney experienced in these cases.
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Schultz & Myers, a St. Louis medical malpracticelawyer is committed to representing personal injury victims throughout Missouri. We aggressively pursue those accountable for our clients' injuries and remain compassionate in handling the sensitive nature of each unique claim.
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.
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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.
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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.
What is medical malpractice? Well it is when a doctor messes up and causes a worsened problem with a patient or god forbid makes a mistake due to negligence or ignorance and then the patient dies. In this case the legal professionals or lawyers sue. But too often the lawyers are suing in cases that are not legitimate negligence cases and this is a huge cause for alarm. One has to ask what if we could sue lawyers for Legal Malpractice.
For instance when they sue the wrong parties, lie or make up false claims and file them into court or give bad advice to their clients causing them to lose a case that they clearly should have won? Shouldn't we be able to sue the lawyers and make them pay for our losses? I mean that would be fair right?
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And just think of all the horrible lawyers out there who should not be practicing law, because they are incompetent? What about them; I say we have legal mal practice laws and these lawyers pay who mess up pay huge sums of money when they do. That would be the right things to do under the law.
Medical Malpractice VS Legal Malpractice
We seem to be living in legal hypocrisy these days as the lawyers get off scott-free and the doctors pay super high premiums for medical malpractice insurance and these costs get passed onto the consumers and patients while the lawyers run a muck. Consider this in 2006.
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How do you find a medical malpracticelawyer in New York?
That's almost like asking the rhetorical question, "How do you get to Carnegie Hall?" The answer of course is "practice."
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When looking for a medical malpracticelawyer in the State of New York, here are your varied options:
Quick Tips On How To Find a NY Medical Malpractice Lawyer
1. Look in the yellow pages
2. Get a name from a billboard
3. Call your local bar association (not the place where people drink, rather the place where lawyers belong, and usually have a lawyer referral service)
4. Get a name from a friend
5. Get a name from someone who was satisfied with their malpracticelawyer
6. Do an online search
"Which is the best way to find a lawyer?" The answer is 'all of them'.
Here's what I mean. Each method above has it's risks and benefits. The key is trying to find an attorney who is experienced in handling a case like yours, and one that you feel comfortable with.
Dilemmas using each of the methods above include,
(1) Trying to distinguish one lawyer from another in the yellow pages.
They all pretty much say the same thing. So how do you know which full-page ad lawyer is right for you? It's really difficult- even for an experienced lawyer to tell the firms apart.
(2) The same problem arises from a billboard.
Sure the billboard may capture your attention, but does a photo of a crashed car and an injured victim tell you what type of lawyer or law firm you're dealing with?
(3) When you go to a lawyer referral service at a bar association, are you getting the next name on a list that the organization has?
This is almost the same as closing your eyes and pointing your finger blindly in the yellow pages? You don't really know if there are any qualifications needed for the lawyer to be listed on their referral list, other than to pay the yearly dues to the bar association. Maybe they handle malpractice cases. So how do you know if this is the right lawyer for you? You need to ask lots of questions about the lawyer's experience and what type of law firm they have.
(4) Getting a referral from a friend is a great way to find a lawyer.
But what if you don't have any friends who know a good lawyer to handle your particular type of case? On to the next method...
(5) Getting the name of a lawyer from someone who was happy with their malpracticelawyer is also an excellent way to find a good lawyer.
But again, what if you don't know anyone personally? Then go on to the next method...
(6) Do an online search.
Your best bet is to focus on the search words for your neighborhood. For example, let's say you live in Brooklyn, and are looking for a medical malpracticelawyer to help you investigate if you have a valid case. You could enter the following words in Google search, "medical malpracticelawyer in Brooklyn." The results will give you a lot of useful information, and then you can start looking at each web site to see if that lawyer is right for you.
When looking online, keep in mind the difference between websites that come up on the first page, known as "organic search results" as opposed to the paid advertisements that appear at the very top of the page, and those in the right hand column of the search results page. The difference between the paid ads and the organic results, is that the paid ads literally pay to appear on that page when a particular search is done. The natural search result is Google telling you that these websites are important and relevant to your search results. Does that mean that a lawyer that pays to advertise on that page isn't the right one for you? Not at all. Just keep in mind the distinction when doing your search. Ask why that law firm isn't in the organic search, and why are they only on the paid advertising section.
Also, I've found it extremely helpful when a lawyer has a video on their site explaining how they can help you, rather than explaining how great the lawyer is. I know when I look for information online, I don't want to hear how wonderful someone is. I am searching online because I have a problem, and I am looking for a solution to my problem.
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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
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 malpracticelawyer 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 malpracticelawyer 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 malpracticelawyer 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 MalpracticeLawyer 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.
One of the first elements attorneys consider in a malpractice case is the type of insurance the accused medical professional has and the liability coverage limits of the specific policy. Different insurance types and liability limits warrant different case strategies.
If you are considering filing a medical malpractice claim, you may find it helpful to know more about malpractice insurance and how it may impact your case. There are two primary types of medical malpractice insurance coverage: claims-made and occurrence coverage.
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Claims-made medical malpractice coverage
Types of Medical Malpractice Insurance
Similar to home or auto insurance policies, claims-made insurance policies cover malpractice that takes place during the policy period. Unlike traditional home or auto insurance, however, for a claim to be covered, it must also be reported to the insurance company during the active policy period.
If a claims-made malpractice policy is switched to a new carrier or canceled for any reason without provisions to extend coverage beyond the coverage period, no benefits will be paid, even if the act of malpractice occurred while the policy was in force. Instead, a medical provider could be held personally liable for the costs associated with your claim, without a liability cap.
Your attorney knows to explore the insurance coverage of the accused medical provider in your claim to determine exactly how coverage-or lack of coverage-may impact your case.
Occurrence medical malpractice policies
An occurrence policy insures for any incident that occurs while the policy is in effect, regardless of when a claim is filed, even if the policy has been canceled since the act of malpractice occurred. Occurrence policies take into account current and future claims of malpractice, although the limits of liability are those in effect when the incident occurred.
Under an occurrence insurance policy, your medical malpracticelawyer knows going into the lawsuit what the liability limits will be in your case and plans the strategy of your case accordingly.
How does malpractice coverage work?
Imagine an incident of malpractice occurred on July 1, 2004. The treating physician became aware that there may be a possible claim on July 1, 2005 and notified the insurance carrier then. On July 1, 2006, a medical malpractice claim was filed.
An occurrence policy in effect on July 1, 2004 would cover the claim, despite when the actual lawsuit was filed or notification made to the insurance company.
A claims-made policy in effect on July 1, 2006 would cover the claim, as long as the retroactive date is no later than July 1, 2004.
A claims-made policy in effect on July 1, 2004, but terminated as of July 1, 2005 would deny the claim because the active coverage period ended before the claim was reported to the insurance company. If the physician did not purchase "tail" coverage to extend the provisions of his malpractice insurance of 2004, the physician may become personally liable for the costs associated with this malpractice claim.
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Nevada is one of the best places to visit in the world. We all know that medical malpractice is spreading pretty quickly. The United States of America is severely affected by health malpractice; especially the state of Nevada has a large number of malpractice victims. We all need to fight against this social evil. So, if you are suffering from medical malpractice in Nevada then you must file a suit against the accused medical professional.
Medical malpractice is the medical negligence of a health care provider while providing treatment to a patient that causes the patient a certain injury. Medical malpractice occurs due to the decline in the standard of medical care. Nevada has placed various restrictions against medical malpractice. All the malpractice actions in Nevada must be brought within four years from the date of action accrued or within two years from the date the injury was discovered.
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The state had adopted the principle of modified comparative negligence. There is a limit on non - economic damages in Nevada. Punitive damages are allowed in this state. There is proportionate liability for all the defendants in the state of Nevada. There are no special restrictions on the expert testimony in this state.
Medical Malpractice Law in Nevada
A health care institution in Nevada may be held liable for the wrongful deeds of a non - employed health professional. Attorney fees are restricted to, 40% of the initial ,000.00, 1/3rd of the next ,000.00, 25% of the next ,000.00 and 15% of any recovery over 0,000.00.
There is no cap on damages in Nevada. Periodic payments are not required in this state. There is no patient compensation fund or state - sponsored liability for physicians in Nevada. It is vital for you to get your claims reviewed or arbitrated by an expert panel before the actual complaint is filed. Then a settlement conference takes place.
Hiring a specialist attorney in malpractice cases is very important. If you want to get your compensation then you must appoint a professional lawyer. Hiring a lawyer could be a bit expensive. So, if you are a victim of medical malpractice then contact a legal representative now. Don't forget to go through this article once.
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