Medical Malpractice Lawsuits

Have you or a loved one's health recently been affected by the negligence or misconduct of a physician or medical staff? If so, you may be eligible to file a medical malpractice lawsuit in order to recover damages for your medical costs, lost wages, and pain and suffering.

Medical malpractice can take many forms, such as failing to diagnose a serious medical condition, misdiagnosis, adverse reactions, and anesthesia, surgical, and medication errors. It is important to note that not all medical errors constitute medical malpractice; thus, it is crucial that you speak with an experienced malpractice lawyer to determine if negligence has taken place and what your legal options are.

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Who Can File a Lawsuit?

Medical Malpractice Lawsuits

Malpractice lawsuits can be filed by an injured patient against a doctor, nurse, member of the medical staff, or psychologist who violates the state's medical laws. A hospital may also be named in your medical malpractice lawsuit.

Massachusetts Medical Malpractice Lawsuits

Massachusetts's statute of limitations regarding medical malpractice cases is three years from the discovery of your injury; therefore, it is important to consult with a Massachusetts medical malpractice lawyer as soon as possible if that is where your injuries occurred. The exception to the three-year statute of limitations is if you discover that a foreign object was left inside of you during surgery.

During a Massachusetts malpractice lawsuit, the defendant may not ask to have the liability reduced by claiming that the plaintiff's insurance already paid for some of the costs. This is known as the rule of collateral source.

In cases involving joint or several liabilities, each person who is deemed negligent is required to pay the entire amount that is determined by the judge. If one person is unable to pay, the other person must pay the entire amount.

In order to win your Massachusetts medical malpractice lawsuit, you must show that the other party was negligent or engaged in misconduct. It is important to hire a medical malpractice lawyer who has successfully handled cases similar to yours. An experienced attorney will know how to investigate your case in order to prove liability. If you win your case, you may be compensated for loss of income, medical bills, mental anguish, and other expenses related to your injury.

How a Medical Malpractice Lawyer Can Help

Insurance companies and hospitals will often attempt to settle quickly in order to avoid costly legal fees, however, the amount of compensation offered is usually far below what those injuries will cost you and your family in lost wages and medical treatment, not to mention the significant loss of quality of life that usually accompanies the serious medical conditions that often result from negligence.

A qualified attorney can help your family gather and examine medical records and other evidence, as well as call upon expert medical testimony to prove your case in court.

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For more information on filing a medical malpractice lawsuit in Massachusetts, visit http://www.TomKileyLaw.com.

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.

Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association. He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America's leading lawyers and law firms.

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Types of Medical Malpractice Insurance

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 malpractice lawyer 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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The intricacies of medical malpractice insurance can be complex. Experienced Chicago medical malpractice lawyers are your best resource to assess the merits of your medical malpractice claim.

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Dental Malpractice

Malpractice committed by the dental health care providers is called dental malpractice. It is expected of Dentists and Oral Surgeons to ensure a decent standard of care while giving dental services to the patients. The standard of care is measured on the service provided by other professions in the same geographical area or practitioner specializing in the dental field. Like the doctors and physicians, the dentists and oral surgeons have to treat their patients who trust their services and duties. But when the dental professionals breach their duty, inflicting injury, damage and loss, dentists and oral surgeons commit dental malpractice - for which they can be sued by the patients. For instance, if a patient who approaches the dentist with a tooth ache finds himself losing sense in the tongue due to some mistake made by the dentist, he has the right to question the malpractice and register a complaint against the practitioner.

Often the patient or client tries to resolve the issue by informing their dentist first. Still if they are not satisfied with the remedial steps taken by the dentist, the client can file a case against the dental professional for their negligence or dental malpractice. The damages caused to the patient may be temporary or permanent, affecting the nerves of tongue, mouth, chin, lips, or of course teeth. The patient may hold the dental professional responsible if they fail to detect oral cancer or injure the patient in surgery. Thus the complaints often vary from services or fees paid for improper treatment.

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A dental practitioner maintains the record of his or her patient, along with their case history, before proceeding to treat the patient for dental care. If the patient feels that damage has been caused in the process of treatment, then he or she can take actions with the help of their attorney. The attorney, an expert in the field, evaluates the case as being valid to recover the damage. The patient may even place a complaint with the State License Board. The license boards, on the other hand, will review and begin investigations based on the complaint received. In such a situation the dental practitioner can face suspension, fee restitution, fine, and even revocation of license.

Dental Malpractice

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Malpractice provides detailed information about malpractice, legal malpractice and more. Malpractice is affiliated with Atlanta Personal Injury Lawyers.

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Medical Malpractice Law in Nevada

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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