How to Know If You Are the Victim of Medical Malpractice

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:

Lawyer Malpractice

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 malpractice lawyer 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.

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My Father Was a Medical Malpractice Victim - A True Story

I was 14 years old when my mother came home from the hospital and told me my father had died. "How did it happen?" I asked. "Why did it happen," my brother questioned. "What happened?" asked our dazed and confused family.

From that day forward, I began to learn what a malpractice lawyer does. I learned that we had more questions than answers. My dad was young, only 46 years old. He wasn't supposed to die. He had a family with three young children. He was gainfully employed and worked hard to provide for our family.

Lawyer Malpractice

Our lawyer got the hospital records, and he had a medical expert review the records. The more our lawyer probed, the more questions we raised. "Why was he given that medication?" "When did the nurse arrive?" "Why wasn't a blood test ordered?" "What happened when..."

My Father Was a Medical Malpractice Victim - A True Story

Years later, while I was in college, our case came up for trial. I joined my mom for part of the trial, since it was during final exams. Being in Court was unfamiliar territory. Everything was formal. The procedures, the words, the questions-all need explaining. Our lawyer was a big-time lawyer whose hair was gray and was respected by numerous lawyers who passed him in the hallways in the courthouse. Their nods and greetings were deferential- with respect for his accomplishments and greatness.

I watched with fascination the rapt attention everyone had during cross-examination of the primary target in the case- a young doctor in training who committed the gravest of medical sins. Our lawyer was intense. The barrage of questions put to the young unapologetic doctor were non-stop. The answers were not satisfactory to our lawyer, or to the jury, or so it seemed to me.

The tension in the Court room was palpable and created knots in my stomach. The defense attorney was gentlemanly and put on airs. In my book he was a phony and I was hoping the jury would see through it.

Closing arguments came after three weeks of trial. I managed to arrive just as the trial resumed that day. I rushed from school to be in Court with my mom. What I witnessed that day caused me to apply to law school. Before that day, I was a biology major and was intent upon applying to medical school. You see, my father was a doctor and most of my family are doctors. I thought that was the path I'd naturally take. Not after witnessing closing remarks.

It is now twenty three years later and I vividly remember the day our famous lawyer made his closing remarks to the jury hearing our malpractice case. Neither the lawyer or my mother are alive today, but my memory of that trial lives on till today.

I remember most clearly the accusations directed at the young inexperienced doctor. I saw his red face and neck. I wanted to reach across the aisle of the courtroom and pummel him with my fists. That would be true justice! That would satisfy my anger that had built up for years waiting for this disputed case to come up for trial. Fortunately for the doctor, my senses overcame my desires to quash this little bug. He never knew what I wanted to do to him that day.

On that day, I realized that this lawyer- this ordinary looking, gray-haired man, who had accomplished great things legal- was telling a story so simple and clear that I realized anyone could do this. That day, I decided to become a lawyer.

One would think that with such a great lawyer anything would be possible. Unfortunately for my family, the results were not what we would have hoped. Despite this second loss, the first being losing my dad, I picked myself off and sent out those law school applications. I had one thing on my mind...to become a trial lawyer.

I've been a medical malpractice trial lawyer for the past 17 years now. The first 4 years as a defense lawyer representing doctors, hospitals and folks sued in accident cases. The next 13 years I spent representing injured victims in their quest for justice. When asked by a colleague which I prefer, representing injured victims or the wrongdoing doctor, my answer has always been clear...the injured victim.

My experience helped me understand what injured people have endured. It has allowed me to be more compassionate about the people I have the privilege of representing. This is my calling.

This is a true story.

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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

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

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Malpractice Cases - Not Uncommon But Take Action If You Are a Victim

Malpractice cases involve more than just filing a law suit. There is the burden of proof by the patient and if you find yourself or a family member debating about whether to file you should visit with a malpractice attorney and have them review your description of what happened. Malpractice is generally medical and it can be professional negligence by a health care provider that caused injury or death. There are malpractice cases that involve dentistry and nursing as well.

Lawsuits are filed by the patient or plaintiff if the patient has passed away due to medical negligence. Medical facilities, clinics, and medical corporations can be sued by a plaintiff too. The burden of proof lies with the plaintiff and they must prove 51% of their case to win. Most malpractices cases are about monetary claims, medical professional carry professional liability insurance to help offset the cost of lawsuits filed.

Lawyer Malpractice

There are four elements that the plaintiff must establish if they want to prove their required legal percentage of proof. First, they must prove that a hospital or health care provider treated them. If a provider undertakes their care, that provider becomes responsible for their well being. Second, the standard of care must be breached. There is an understanding of what should have happened, and if it didn't then the standard of care becomes testimony against the defendant.

Malpractice Cases - Not Uncommon But Take Action If You Are a Victim

Third, the breach caused an injury. The recognizable injury becomes legal at this point if it should not have happened. The culpability is directly related to the action or cause in this element. Fourth, damages were assessed, they can be emotional and/or financial, and punitive damages are awarded from reckless conduct. Once those fundamentals are established the plaintiff rests their case. Usually both sides will present expert testimony and if either side loses, the verdict can be appealed.

Often you will hear about a news story of medical malpractice but it's generally spun in a mysterious story that is made for television. Malpractice cases rarely make the news but they do happen. There is a statute of limitations on filing a malpractice lawsuit; in the United States it's between one and four years. Most of the cases, 73% involve a medical error of some kind. Health care providers have complained about the rising cost of medical malpractice cases and claim that it's the reason for rising insurance costs.

Many people who are the victim of a medical error do not always know where to turn since the emotion runs very high during their recovery. You might see a late night commercial urging you to file a lawsuit with a national firm, but make sure you have all the information that you need before you speak with an attorney. You will need your medical records and any testimony from friends or family. Filing a frivolous lawsuit will not garner you any money but if you feel you have been treated negligently then you may have a legitimate case.

Malpractice cases involve a lot of testimony and depositions; do not be intimated by large medical providers and those who say it's your word against theirs. If you feel you have a case then contact a medical malpractice attorney and begin the process. Generally an attorney who specializes in this type of law will not receive any money until the case is settled and the monetary verdict is paid.

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For more insights and additional information about how to find Malpractice Cases as well as finding a wealth of resources to help you determine if you have a valid malpractice case and pursuing it, please visit our web site at http://www.malpracticeinfonow.com

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

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

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

Lawyer Malpractice

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

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

Finally, you must successfully prove the following:

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

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

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

Steps Taken by a Medical Malpractice Lawyer

An experienced lawyer would normally follow these steps:

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

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

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

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

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

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My Father Was a Medical Malpractice Victim - A True Story

I was 14 years old when my mother came home from the hospital and told me my father had died. "How did it happen?" I asked. "Why did it happen," my brother questioned. "What happened?" asked our dazed and confused family.

From that day forward, I began to learn what a malpractice lawyer does. I learned that we had more questions than answers. My dad was young, only 46 years old. He wasn't supposed to die. He had a family with three young children. He was gainfully employed and worked hard to provide for our family.

Our lawyer got the hospital records, and he had a medical expert review the records. The more our lawyer probed, the more questions we raised. "Why was he given that medication?" "When did the nurse arrive?" "Why wasn't a blood test ordered?" "What happened when..."

Years later, while I was in college, our case came up for trial. I joined my mom for part of the trial, since it was during final exams. Being in Court was unfamiliar territory. Everything was formal. The procedures, the words, the questions-all need explaining. Our lawyer was a big-time lawyer whose hair was gray and was respected by numerous lawyers who passed him in the hallways in the courthouse. Their nods and greetings were deferential- with respect for his accomplishments and greatness.

I watched with fascination the rapt attention everyone had during cross-examination of the primary target in the case- a young doctor in training who committed the gravest of medical sins. Our lawyer was intense. The barrage of questions put to the young unapologetic doctor were non-stop. The answers were not satisfactory to our lawyer, or to the jury, or so it seemed to me.

The tension in the Court room was palpable and created knots in my stomach. The defense attorney was gentlemanly and put on airs. In my book he was a phony and I was hoping the jury would see through it.

Closing arguments came after three weeks of trial. I managed to arrive just as the trial resumed that day. I rushed from school to be in Court with my mom. What I witnessed that day caused me to apply to law school. Before that day, I was a biology major and was intent upon applying to medical school. You see, my father was a doctor and most of my family are doctors. I thought that was the path I'd naturally take. Not after witnessing closing remarks.

It is now twenty three years later and I vividly remember the day our famous lawyer made his closing remarks to the jury hearing our malpractice case. Neither the lawyer or my mother are alive today, but my memory of that trial lives on till today.

I remember most clearly the accusations directed at the young inexperienced doctor. I saw his red face and neck. I wanted to reach across the aisle of the courtroom and pummel him with my fists. That would be true justice! That would satisfy my anger that had built up for years waiting for this disputed case to come up for trial. Fortunately for the doctor, my senses overcame my desires to quash this little bug. He never knew what I wanted to do to him that day.

On that day, I realized that this lawyer- this ordinary looking, gray-haired man, who had accomplished great things legal- was telling a story so simple and clear that I realized anyone could do this. That day, I decided to become a lawyer.

One would think that with such a great lawyer anything would be possible. Unfortunately for my family, the results were not what we would have hoped. Despite this second loss, the first being losing my dad, I picked myself off and sent out those law school applications. I had one thing on my mind...to become a trial lawyer.

I've been a medical malpractice trial lawyer for the past 17 years now. The first 4 years as a defense lawyer representing doctors, hospitals and folks sued in accident cases. The next 13 years I spent representing injured victims in their quest for justice. When asked by a colleague which I prefer, representing injured victims or the wrongdoing doctor, my answer has always been clear...the injured victim.

My experience helped me understand what injured people have endured. It has allowed me to be more compassionate about the people I have the privilege of representing. This is my calling.

This is a true story.

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

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

Are You A Victim of Medical Malpractice-Informed Consent

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

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

1. the alternatives to the proposed operation or treatment.

2. the process and its nature

3. the risks involved

4. the extend of the uncertainties involved

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

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

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

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

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New York Car Accident Victim Loses Settlement Money After Government Steps In

Here's a perfect example of a case where the driver of a car who hit a young man crossing the street, did not have enough insurance coverage, leading to insufficient compensation for his injuries:

This particular man was in a shopping center crossing the street when he was hit by a car entering the shopping center. The driver was going about 25-30 miles per hour. He hit the man squarely on the left side of his body, causing him to go flying through the air and land about ten feet from where he started. The injured man was rushed by ambulance to the closest trauma center where he was diagnosed as having a broken femur (the largest bone in your body), trauma to his face, and a bleed under his skull. The victim required a tracheostomy; a hole made in his windpipe to allow a tube from a ventilator to help him breathe. This injured victim spent more than three weeks in the hospital.

When he was discharged, he was sent to a rehabilitation facility and ultimately made his way home.

The driver of the car had insurance. However, when I investigated the insurance policy he had, it turns out it was a "limited" policy. This means it was a relatively low policy amount. Shortly after I was able to document all of my client's injuries to the insurance company, they promptly paid the full insurance policy since they recognized that the injuries my client suffered far exceeded the available insurance in this case.

Q: What other options were available to this young man after the insurance company "tendered" (paid) the insurance policy?

A: One option would have been to sue the driver personally and try to get a judgment against him. If successful, then I would be able to enforce the judgment by seizing his property in order to fulfill the judgment. However, after investigating this possibility, we learned that the driver had no assets- at least none that were in his name. Bringing a lawsuit against him, just to get a "paper" judgment would serve the client no purpose.

THE GOVERNMENT STEPS IN...

In this case, my client had been receiving medicare benefits because of a pre-existing disability. When Medicare learned (as they always do) that my client had received some compensation for his injuries, they asserted a "lien" against the proceeds of his case. This meant that they were asserting their right to recoup money that Medicare paid for his hospital and medical bills arising out of this car accident. The medical bills alone were astronomical. They were over $300,000! Medicare wanted everything that my client would receive as his share of the settlement. In effect, this young man potentially would get nothing as a result of his injuries.

I appealed to Medicare advising them that it would be tragic if this young man who was severely injured were required to pay back Medicare everything he was awarded in the settlement. Yet Medicare made a reasonable argument: Who else paid for his medical bills when he was in the hospital? Nobody. He did not have any other health insurance. Medicare did not expect to get reimbursed for paying his medical bills. But, when an injured victim brings a lawsuit seeking compensation from the driver of a car, bus, truck or someone else- and is successful, then Medicare steps in and says "You are now required to reimburse us." Many times Medicare will try to negotiate with you, depending upon the amount you recover. Yet the bottom line is that they must be repaid.

If your attorney ignores a Medicare lien, they do so at their peril. If your lawyer pays you your net share of the settlement without allocating money for Medicare, this is what will happen. Medicare will file a lawsuit against your attorney in federal court. They will ask not only for the money that they were supposed to recover, but also ask for three times the amount (called treble damages). Needless to say, if your lawyer has reached this stage, he has significant problems. The government is not required to go after the client (you, the injured victim). Your lawyer may try to get the money back from you, but what if you already spent it? Now the lawyer has even bigger problems.

The bottom line? Medicare must be repaid.

The bottom line for this client? He got the short end of the stick since the driver of the car that hit him did not have sufficient car insurance to cover the severe injuries he received. Then, the government stepped in and asked for the total amount of money to cover at least some of their expenses. After an appeal to Medicare, they were "generous" enough to allow my client to take home a token amount of the original compensation he was entitled to receive.

What is the moral of this story? Carry enough car insurance on your insurance policy to cover a serious injury. Then buy an "umbrella" policy (also known as an excess policy) to protect you and your assets in the event your main insurance policy is insufficient to pay compensation to someone seriously injured.

Thanks for taking the time to become informed.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

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

Personal Injury - Don't Be A Victim Of Malpractice?

It is estimated that medical mistakes are the third leading cause of death in the United States. Medical errors and incompetence can cause personal injury which can incapacitate or even kill patients. The number of wrongful death and personal injury lawsuits being filed against physicians is rising every year. Now more than ever before, it's essential to know your rights when dealing with medical malpractice.

Are you a victim of malpractice? Medical malpractice is defined as a doctor's negligence or failure to perform at accepted stardard levels, and if you sustained injury or someone died as a result you very well may have a valid claim. Sometimes it is next to impossible to prove that the doctor in question did not stay within the required standard guidelines. That is why it is very important to know all the facts and be aware of the procedures involved before even thinking about proceeding with a malpractice action.

If you believe that your personal injury was due to the negligence or incompetence of a doctor or other medical professional, you have the ability to seek reparations equal to the extent of the injury sustained. A good place to start is by finding a personal injury lawyer who specializes in the type of injury that you or your loved one suffered. A search through your local yellow pages should yield many resources for your search. Or look online for personal injury resources. Since this is such an important area of specialization you will find many resources to help you decide how to proceed.

Secondly, it's important to document everything. Keep all medical records, write down all conversations with the health care provider in question, and try to obtain as much information as possible. If you mention that you are thinking of filing a lawsuit, the doctor may not legally be able to discuss the situation with you any further. Don't be dishonest about your intentions, but it won't help you to threaten the health care provider or tell them that you are going to sue them for all they are worth.

Utilizing an expert witness is strongly advised in the event that you make the decision to take your case to court. This is usually an impartial health care provider who is experienced in your type of situation, and an expert that can attest to the fact that your health care provider is at fault for your personal injury.

No one wants to think that they entrusted their life to an incompetent physician. If you do become a victim or malpractice, however, always remember that you have a legal right to compensation for any harm the doctor caused. The wise thing to do is to hire a reputable personal injury attorney who knows all the ropes and can help you file your claim against the negligent health care professional. Your personal injury attorney will also aggressively pursue your case in order to help you get the maximum monetary reward possible.

When looking for an injury attorney get as much information as possible before choosing. See Article marketing videos.