Medical Malpractice Can Happen to You

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

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Why You Shouldn't Rely on a Lawyer Who Tells You Your Case Is Worth Millions

I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren't you telling me the same thing?

A: Simple. What those lawyers did was tell you something they could never guarantee.

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There is no way for them to know how much money they could obtain for you, especially before any case is started on your behalf. Even if I were to give you a number that I believe you are entitled to, it would be absolutely wrong. I could give you a wildly outrageous number or a very small number. Both would be wrong.

Why You Shouldn't Rely on a Lawyer Who Tells You Your Case Is Worth Millions

At the beginning, there is so much information to obtain about your injuries, your medical records and how your injuries have affected you that it is impossible to tell you what your case is really worth at the outset.

It's true that there are similar cases that we may know the value of, but remember, each case is different, and each case has different facts that can make it difficult to compare with yours.

The job of a good lawyer is to gather ALL of your information, and then formulate the chances and likelihood of success of your case. A lawyer who does that stands a much better chance of explaining to a client the approximate value of their case.

I'll let you in on a little secret. I suspect that those other attorneys who told you your case was worth millions did so primarily to have you sign up with them as opposed to going to another attorney.

No matter what any lawyer says, it is impossible to guarantee such a result. If you don't believe me, just ask the lawyer to put that promise in WRITING. See how quickly they backtrack when you ask them to do that!

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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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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:

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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 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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Psychiatric Malpractice

Victims of psychiatric malpractice face a difficult battle. Mental health care patients are vulnerable to negligence and wrongdoing by the very nature of their condition. When the do speak up about mistreatment, their complaints are often dismissed or ignored.

Patients with a history of emotional instability, impaired judgment, or erratic behavior are easily taken advantage of by the mental health system. Due to the stigma of mental illness, those capable of speaking up for themselves often lack the courage, feeling that no one will believe their claims.

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Psychiatric malpractice is a very real form of medical malpractice, which can have devastating mental, emotional, and physical consequences. Psychiatric malpractice can be deadly. It should never be ignored.

Psychiatric Malpractice

Informed Consent

Mental health care patients have the legal right to be informed of the risks and benefits of undergoing or choosing not to undergo a treatment. Just like any other type of patient, they have the right to refuse!

Unfortunately, many patients, their loved ones, and the general public are under the impression that the right of informed consent does not apply to mental health patients.

What constitutes psychiatric malpractice?

Mental health care providers have a duty to treat their patients with dignity, provide adequate care, and prevent harm. Unsuccessful does not in and of itself constitute malpractice. Psychiatric malpractice includes:

· Failure to diagnose

· Failure to treat

· Failure to recognize worsening of condition

· Negligent psychotherapy

· Abandonment

· Negligent or harmful use of medications

· Failure to monitor medications

· Lack of informed consent for medications, therapeutic technique, or procedure

· Emotional manipulation

· Fraud

· Breach of confidentiality

· Defamation

· False imprisonment (including inappropriate restraint)

· Physical abuse

· Sexual Misconduct

· Failure to prevent harm to self or others

· Inadequate supervision

· Wrongful death

Medication errors

Mental health care providers have a duty to prescribe appropriate medications, in appropriate doses. The medications prescribed for psychological disorders can be dangerous, causing severe physical and emotional side effects. Many of these drugs are even more dangerous if a patient suddenly stops taking them. Doctors have a duty to inform patients of the side effects of the drugs that they are prescribed and the dangers of ceasing medication.

In some cases doctors have been misinformed by drug companies, about the medications they are prescribing. Even worse, they may not have been told about dangerous side effects that were known to the drug makers, such as suicidal behavior. Drug manufacturers will often try to claim that the deadly results were caused by the mental illness rather than the medication.

When patients are harmed by defective medications the responsibility normally falls on the drug makers, rather than the doctor who prescribed the drug. Then it becomes a product liability suit instead of a medical malpractice suit.

Taking action

You do not need to know which kind of lawsuit you have in order to take action. If you feel that you or a loved one has been the victim of psychiatric malpractice, you should talk to an attorney who has experience with these kinds of cases. Your attorney will investigate, determine what type of case you have, and advise you on the best course of action.

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Contact a qualified attorney in your area by visiting The Personal Injury Lawyers Directory

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