Friday, July 30, 2010

What to Look For in a Medical Malpractice Attorney

When do you need a medical malpractice attorney? Instances of medical malpractice continue to rise but the strange thing is that most people seem to just accept a mistake on the part of the doctor or hospital as being just one of those things. When damage or harm has been caused due to misdiagnosis, wrong medications given, or some other type of negligence, it would seem that people would take the situation more seriously.

Perhaps one of the problems is that it has become standard procedure in the US that before a patient undergoes a major treatment or surgery, they are required to sign a waiver form. This waiver allegedly protects the hospital's back side in case something goes wrong or does not turn out as expected. I say "allegedly" because that document does not relieve the doctor or hospital of acts of negligence that cause harm, damage, or even death to the patient.

Are medical professionals not allowed to make mistakes? In a word, no, not when it comes to making decisions where their action or inaction causes damage or even death to a patient. If you buy an airline ticket from New York to Houston and the plane lands in Minneapolis because of navigation errors that the pilot made, is that acceptable to you? Of course not because you hold the pilot responsible for getting you to where your ticket says you are going to end up. In the same way, you hold the doctor and hospital responsible for administering the standard of professional care that is required for a patient, and when that level of trust for that care is violated due to negligence or errors on the part of the doctor or hospital, you have rights.

When seeking the services of a medical malpractice attorney, choosing the appropriate legal counsel is much more than just thumbing through the yellow pages. Remember, this attorney is going to be working on your behalf to get the best settlement possible based on the circumstances, so you should spend some time to interview each potential attorney that you may consider. How long have they been working with medical malpractice suits? What is their track record of successful outcomes? Are they intimately familiar with malpractice law, both at the federal level as well as how those laws apply in your state?

Do not be concerned about the fees that a medical malpractice attorney may charge. It is common practice for the lawyer to take a defined percentage of the settlement amount, and if there is no settlement, meaning the lawyer failed to win your case, then there is no payment due.

You have rights, and if you or a family member has been harmed due to negligence, in action, misdiagnosis or other types of errors, it is clearly time to find a medical malpractice attorney where you can discuss your particular situation and determine if this is something that should be taken forward. While a settlement will not right the wrongs that happened, it can make it easier for you to move forward for your future.




Do not be satisfied with simply being a victim and doing nothing about it when you have rights you can exercise. For more insights and additional information about a Medical Malpractice Attorney as well as finding a wealth of information to help you select the right medical malpractice attorney, please visit our web site at http://www.malpracticeinfonow.com

What Diseases Are Typically Associated With Medical Malpractice?

Medical malpractice attorneys work with individuals who are injured due to negligence, misdiagnosis, and the like, on the part of a doctor or other medical professional. Though these lawsuits allege circumstances resulting in personal injuries to the patient, it's important to note that not all errors on the part of medical professionals and misdiagnosis result in malpractice cases. The lack of a desired outcome in medical care is essentially an intrinsic factor in the practice of medicine. However, malpractice attorneys become involved when:

The patient believes he or she has suffered significant injury.
The facility or medical practitioner did not provide medical care to the patient within the standard of care expected from a professional.
The negligence, lack of care, or medical mistake directly resulted in harm or injury to the patient.

The top five diseases that result in patients obtaining monetary compensation for malpractice suits are:


  • Breast Cancer

  • Lung Cancer

  • Colon Cancer/Rectal Cancer

  • Heart Attacks

  • Appendicitis

Often times, the allegations in a medical malpractice case are from misdiagnosis, delayed diagnosis, or failure to promptly perform diagnostic testing. The delay of diagnosis or testing can result in the patient's complications worsening and sometimes death. Because the end result of a misdiagnosis of breast cancer, lung cancer, colon/rectal cancer, heart attacks, and appendicitis is so severe, resulting legal cases occur and large monetary settlements can be reached.

Breast Cancer: Most cases regarding the misdiagnosis of breast cancer result from medical misdiagnosis or delayed diagnosis. In many cases, the severity of the breast lump or symptom are not accounted for or perhaps underestimated. Often times, cancerous tissue is seen as benign or part of a fibrocystic condition, as this is far more typical then breast cancer. If a doctor or medical professional misdiagnoses breast cancer, the condition may worsen over time and become increasingly difficult to cure.

Lung Cancer: Lung cancer is similar to breast cancer in that if misdiagnosed or given a delayed diagnosis, it can become difficult to treat and sometimes result in patient death.

Colon Cancer/Rectal Cancer: Typical colon cancer cases result from misdiagnosis or delayed diagnosis, resulting in a poorer patient outcome. In cases of colon cancer/rectal cancer misdiagnosis, diagnostic methods either do not discover cancer or do but fail to diagnose or report the cases. Sometimes cases may go unnoticed, often assumed to be IBS or "Irritable Bowel Syndrome".

Heart Attacks: Despite their frequency, heart attacks can be misdiagnosed by medical providers and assumed to be heartburn, acid reflux, or stomach pain. Often times, a misdiagnosis can result from less common circumstances: if a patient isn't experiencing intense chest pain or they're female and younger, the heart attack will go unnoticed. The delayed diagnosis can result in severe consequences to the patient's health.

Appendicitis: Appendicitis is particularly difficult to diagnose in the emergency room because there are many other factors that cause abdominal pain. If overlooked, the consequences can be severe. Often time infants or very young children suffer from appendicitis and then suffer tragic outcomes because they are not diagnosed.




Erica Ronchetti is a free lancer writer & editor."What Diseases Are Typically Associated With Medical Malpractice?" defines that Malpractice Attorneys play a role in helping patients obtain fair compensation for their medical malpractice injuries or losses.Learn more information by visiting our website and what Kreithen, Baron, and Carpey Malpractice Attorneys can do for you.

Monday, July 26, 2010

Failure to Diagnose - A Commonly Seen Form of Medical Malpractice

In the United States, failure to diagnose any illness or medical condition is a type of medical malpractice that is commonly seen. There can be devastating consequences for a patient when a doctor fails to diagnose and provides treatment is a timely manner. To know how many people have died because of a misdiagnosis is hard to do however every year tens of thousands of Americans die because of medical mistakes that could have been prevented.

Did Your Doctor Fail to Diagnose Cancer?

There can be a delay in treatment, the wrong treatment given or none at all if cancer is misdiagnosed. Cancer is an illness that needs to be treated early because any delays can cause damage that cannot be reversed. Unfortunately, there are cases when treatment is give when an individual does not have an illness. Even these cases can cause irreversible damage.

Commonly seen cancers that resulted in a wrongly diagnose case include:


  • Breast

  • Colon

  • Cervical

  • Lung

  • Prostate

If you have suffered damages because your doctor failed to diagnose your cancer or you were mistakenly diagnosed with cancer, you may be entitled to compensation. Contact a professional attorney for a free evaluation.

Other Types of Diagnosis the is often Wrong

Cancer is not the only condition that is often involved in missed diagnose cases. Others include:


  • Heart attacks

  • Stroke

  • Diabetes

  • Meningitis

  • Blood clots

  • Others

Some factors that may cause a doctor to be involved in a mistaken diagnosis are:


  • Not listening to the patient

  • Not recognizing symptoms

  • Misinterpreting symptoms

  • Failing to perform required tests

  • Misinterpreting lab results

Physicians can be held legally accountable if their negligence harms their patient.

Patient Rights for Diagnosis Malpractice

If you were a victim of a negligent in diagnosis, you have some legal rights and may be able to recover some compensation from medical costs, lost wages, pain and suffering, loss of earning capability and more. Contact a professional attorney to find out if you are eligible to some compensation. Contact a medical malpractice attorney for a free evaluation.

Statutes of limitations do apply in these types of cases so it is important to file a claim within these time limits. These time restraints vary in every state however, it is usually one to three years from the time of the injury. Your malpractice attorney is aware of these laws and they will work in a timely fashion to get your claim heard. Contact a medical malpractice attorney as soon as possible and they will advise you of your legal options.




David Austin is an Attorney focused on complex injury cases. You can learn more about Failure to Diagnose at his website. http://www.Burke-Eisner.com

Friday, July 16, 2010

Malpractice Attorney Shawn Bugbee confession

Atlanta lawyer admits extreme legal malpractice. It agrees with the ~ $ 14,000 in fees paid are refunded to him. Of course he has never returned, instead of the charges and accuse him beats me. The State Bar notes that he committed malpractice and punishes him by a "secret link"! This should protect the public!



http://www.youtube.com/watch?v=kpgrhTFtiww&hl=en