Wednesday, December 29, 2010

Medical Malpractice For South Carolina

The vast majority of medical and health care providers including primarily hospitals, surgeons, doctors, pharmacists, physicians, nurses and emergency medical technicians ("EMTs")do offer excellent care that will help us to recover from a personal injury or medical condition. However, some providers fail to meet the requisite standard of care, and, under such circumstances, may be guilty of medical malpractice. Medical malpractice, commonly called "medmal" for short, generally occurs when a negligent, careless or reckless act, mistake, error, or omission by a doctor or other medical professional causes damage or harm to a patient



It has been estimated that almost 98,000 people die in hospitals in the United States each year, and that medication errors injure approximately 1.3 million people per year.

Medical malpractice errors or negligence typically occur in the diagnosis or treatment of a patient, and may include, but are not limited to:

>Failure to treat
>Wrong treatment
>Delay in diagnosis
>Failure to diagnose
>Failure to rule out causes or conditions
>Failure to test
>Failure to obtain informed consent
>Surgical injury
>Wrong prescription of drugs
>Patient abandonment
>Use of defective medical products

A patient's right to recover compensation for medical malpractice is generally governed by common law as well as statutes and regulations which have been promulgated to protect patients who have been subjected to medical malpractice or medical negligence. Medical malpractice suits are usually complex, time-consuming, expensive to litigate, dependent upon expert testimony, and vigorously defended by health care providers and their insurers.



The medical malpractice personal injury victim is commonly referenced as a "plaintiff" and the person or entity that caused the harm is commonly referenced as a "defendant." The South Carolina Supreme Court has set forth the elements of negligence with regard to a medical malpractice personal injury claim that a plaintiff has to prove as follows:

>A physician-patient relationship exists
>The generally recognized and accepted practices and procedures that would be followed by average, competent practitioners in the defendants' field of medicine under the same or similar circumstances >That the defendant departed from the recognized and generally accepted standards
>The defendant's departure from such generally recognized practices and procedures was the proximate cause of the plaintiff's alleged injuries and damages


Thus, the medical malpractice lawyer and his client must present evidence to meet each of the foregoing elements at trial.

A physician commits malpractice by not exercising that degree of skill and learning that is ordinarily possessed and exercised by members of the profession in good standing acting in the same or similar circumstances. Durham v. Vinson, 360 S.C. 639 (2004). A plaintiff and his attorney must proffer expert testimony to prove both the required standard of care and the defendant's failure to conform to that standard, unless the subject matter lies within the ambit of common knowledge so that no special learning is required to evaluate the conduct of the defendants.



A physician's failure to obtain a patient's "informed consent" with regard to a procedure or treatment is a form of medical malpractice. The term "informed consent" means that a physician must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, diagnostic procedure, medical procedure, therapeutic procedure, or other course of treatment, and must obtain the patient's written consent to proceed. Under Informed consent law, a physician who performs a diagnostic, therapeutic, or surgical procedure has a duty to disclose to a patient of sound mind, in the absence of an emergency that warrants immediate medical treatment, (1) the diagnosis, (2) the general nature of the contemplated procedure, (3) the material risks involved in the procedure, (4) the probability of success associated with the procedure, (5) the prognosis if the procedure is not out, and (6) the existence of any alternatives to the procedure. Thus, the plaintiff and his lawyer must present evidence of the physician's breach of the foregoing elements of an informed consent claim in order to prevail at trial.



While most health care providers will not guarantee or warrant a particular outcome, there are times when they do, and a failure to successfully provide the outcome may give rise to a breach of contract or breach of warranty claim. These type cases usually involve plastic surgery wherein the patient is told that his or her post-surgery physical appearance will be the same as demonstrated on a computerized enhancement of the patient's photograph. Thus, much like a business breach of contract claim, the plaintiff and his lawyer must present evidence of the physician's breach of the stated warranty or guarantee by the preponderance of evidence in order to prevail at trial.



In a medical malpractice personal injury lawsuit, a victim seeks compensation for the injury or injuries he or she has suffered. Compensation can include past and future medical expenses, disability or deformity, loss of income, emotional and mental anguish, loss of a spouse's comfort and society, past and future pain and suffering, and an amount which would be necessary to make the person whole as respects a permanent personal injury. McNeil v. United States, 519 F.Supp. 283 (D.S.C. 1981). In cases where the defendant acted recklessly, maliciously or willfully, punitive damages may also be awarded. Punitive damages in medical malpractice lawsuits are intended to punish the responsible party and deter others from committing the same acts. Gamble v. Stevenson, 305 S.C. 104, 406 S.E.2d 350 (1991). If a wrongful death results from the medical malpractice, the decedent's beneficiaries are entitled to compensation.



For medical malpractice cases arising on or after July 1, 2005, which placed caps on non-economic damages a patient could recover from a liable defendant health care provider. S.C. Code § 15-32-220(a) limits the civil liability for non-economic damages of the health care provider to an amount not to exceed 0,000 for each claimant regardless of the number of separate causes of action on which the claim is based. S.C. Code § 15-32-220(a) provides an exception to the foregoing cap where the health care provider is proven to be grossly negligent, willful, wanton or reckless and that conduct was the proximate cause of the claimant's non-economic damages. S.C. Code 15-32-220(b) provides that the 0,000 cap is limited to each claimant. S.C. Code 15-32-220(c) allows a claimant to stack his claim, and provides that up to three health care providers may be subject to the 0,000 cap per claimant, for a total of ,050,000 per claimant.


The non-economic damage cap of 0,000 per medical entity or practice or person does not apply to economic damages and does not apply to punitive damages. Effective for medical malpractice cases arising on or after July 1, 2005, S.C. Code 15-32-230 further limits liability with regard to emergency obstetrical or emergency department situations. This section eliminates liability on behalf of any person providing emergency care or emergency obstetrical care to a person in immediate threat of death or an immediate threat of serious bodily injury while in an emergency room, obstetrical or surgical suite, unless the health care provider is proven to be grossly negligent. Other caps or limitations may be applicable to a medical malpractice case as well.



The plaintiff's attorney must timely bring a medical malpractice suit within the required timeframes. There are time limits on bringing a personal injury lawsuit in the state of South Carolina known as statutes of limitations. See S.C. Code 15-3-530(5); 15-3-535. While a medical malpractice personal injury suit is generally subject to a three year statute of limitations, there may be exceptions depending on the circumstances, such as a medical malpractice case where the negligent conduct may be covered by a concept known as the "discovery rule." See S.C. Code 15-3-545; Wilson v. Shannon, 299 S.C. 512, 386 S.E.2d 257 (Ct. App. 1989).


The statutes of limitations are different for negligence suits against a South Carolina state government agency pursuant to the South Carolina Tort Claims Act ("TCA") and the federal government pursuant to the Federal Tort Claims Act ("FTCA"). Under the TCA, a suit must generally be filed within two years, unless a verified claim is filed within a year of the injury, then the statute of limitations is three years. S.C. Code § 15-78-110. Under the FTCA, an administrative tort claim must generally be presented to the subject federal agency within two years. Once a timely administrative tort claim has been filed, there is no statute of limitations on bringing a suit unless the federal agency denies the claim, in which case a suit must be brought in federal court within six months after the denial. 28 U.S.C. 1346(b), 1402, 2401, 2675.



South Carolina Code 15-79-125 requires, on medical malpractice cases arising on or after July 1, 2005, that before a medical malpractice suit can be filed, a plaintiff has to simultaneously file both a notice of intent to file suit and an affidavit of an expert witness subject to the affidavit requirements established in 15-36-100 in a county in which venue would be proper for filing or initiating the action. Statutory mediation of any such medical malpractice case is required as well, and, there are time limits for filing suit should the attempted mediation fail. As noted above, an expert's testimony is necessary at trial to prove a breach of the standard of care and proximate cause of the injury, and the medical malpractice lawyer should retain a medical expert early on to assess the case and to be prepared to testify at trial.


Medical malpractice suits in South Carolina are difficult to pursue. Before undertaking a med-mal suit, the injured client would be well advised to consult with a lawyer with medical malpractice experience.


Tuesday, December 21, 2010

Medical Malpractice and Birth Injuries

What is more exciting than bringing a newborn into the world? After all, the future of mankind really does depend on our children and our children's children.

Unfortunately, labor as well as delivery can be a very complicated and unpredictable process. When an expectant mother goes through the birth process she trusts that her doctors and other medical professionals will maintain the highest of standards as they help to guide her through the childbirth process.

Doctors have to be able to make instantaneous decisions in order to protect the safety and health of the newborn and its mother. When a trained physician or other medical professional fails to observe any warning signs - or when they deviate from accepted medical standards of care - children are often unnecessarily harmed.

Birth injuries can range from those that will heal themselves and have no long term adverse affects to extremely serious injuries that can affect a child's brain.

If, during delivery, the baby lacks oxygen for one reason or another, or if there is any bleeding within the baby's brain or skull, then serious birth injuries are often the result.

And many of these birth injuries cause irreversible brain damage.

Oxygen shortages can be caused by a number of different things. The baby may be in an unusual birth position. Or the placenta may prematurely separate from the wall of the uterus. There could also be problems with circulation within the umbilical cord. In addition, labor may be either too short or too long.

Most of the medical malpractice claims that are based on injuries due to a shortage of oxygen allege that the medical professionals involved with the birthing process failed to recognize, anticipate, or react to any of these potentially dangerous scenarios.

Other factors that can lead to birth injuries include the failure to correctly anticipate the baby's size, the use of excessive force during the delivery, not ordering a C-section when necessary, and others.

Roughly nine and one half percent of all the medical malpractice lawsuits involve either the failure to properly diagnose problems either before or while they are happening, or the misdiagnosis of problems related to child birth.

Two types of cases that are predominate in birth injury malpractice lawsuits involve either Cerebral Palsy (CP) or Erb's Palsy (sometimes called Brachial Plexus palsy).

Because medical professionals have accepted the responsibility of taking good care of both the mother as well as the newborn child, if there has been a breach in their actions that caused injury to either they should be held accountable.

Tuesday, December 14, 2010

Doctor Malpractice Records

Who wants to employ a private doctor? I will advice you read through this before you go ahead. There are so many quack and fake doctors out there, not because they do not have sweet mouths or fine faces, not because they do not wear white robes like every other doctor, it is because their licenses have been seized because of malpractices. Now, if you do not know, a doctor that does not have a license is not safe to be with as you could be putting your life as well as your family's in danger. This is why doctor malpractice records is a must look up for everyone who intends to employ a private doctor.

Doctor malpractice records will give you first hand information about that doctor. As a matter of fact, you will know everything about the person such as where the person schooled, where the person first worked as a doctor, the malpractice the person was involved in and how many times such cases has been recorded against that name.

There are some times however that some doctors have been illegally dismissed but it is not in all cases. As a matter of fact, every doctor that has records in the doctor malpractice records probably have done something wrong and you may want to find out for yourself.

This is not an illegal venture into other people's personal life, it is your own life that is in danger and that of your family and that is why you need to take this serious. There are quack doctors who have nothing to lose. If you employ them, they will do a good job of making you weep and before you know it, they are on the move. As a matter of fact, they are criminals because most of them are wanted by the government. If you are not sure of the doctor you are dealing with, you had better get online right now to make that search.

Apart from the bodies that regulate doctoral behaviours, you can use public record lookup directories online to make this search.

All you need is the name of the doctor. If the person has ever been involved in any malpractice, you will get details in the record. Also, if the doctor is safe and still have an operational license, you will find out with this lookup too. It is better to be safe than sorry, keep your family and your life safe by conducting a doctor malpractice records search today.


Sunday, December 5, 2010

Malpractice Litigation - Understanding Your Options

Malpractice litigation refers to an act of neglect or failure by a professional. Most people thinking of malpractice automatically assume it refers to the medical field. However, malpractice cases can and do occur among dentist, lawyers and even accountants.

Clearing Up the Misunderstanding

When it comes to malpractice cases, there are a lot of misunderstandings about what qualifies for professional neglect. To be considered for malpractice litigation, an act by a professional must cause a patient to suffer harm of some kind. The quality of care or service given may fall outside of generally accepted standards by others in the same profession.

Malpractice also refers to a deliberate act by a professional to do harm, such as an accountant who steals money from his clients. Additionally it refers to a professional error. For example, a patient who receives the wrong medication by accident while staying in the hospital and suffers physical damage could file a suit for hospital malpractice.

A medical misdiagnosis can also fall into this category if it is something that other professionals think should have been seen or noticed.

Of course, doctors, lawyers and other professionals are human and will make errors. However, malpractice usually means the harm caused could have been avoided if the professional had acted reasonably under the circumstances.

Medical Malpractice

Medical malpractice is a leading cause of death in the United States. Common medical malpractice litigation cases include: medication overdoses or errors, botched surgery, birth injuries and cancer misdiagnosis. Failure to receive informed consent before performing a medical procedure and failure to act in a reasonable amount of time to treat a diagnosed condition are also common.

Hospitals are often involved in costly litigations because of malpractice. Private clinic doctors, specialists, dentists, nurses and other health care professionals can also find themselves named in a suit.

Legal Malpractice

In the legal field, individuals can sue their attorney if they failed to act competently. A lawsuit might be possible if it can be proven that a lawyer created a breach of fiduciary duty. This means that he or she failed to act in the best interests of their client or put their own best interests first. For instance, a lawyer who represents both a plaintiff and defendant in a divorce case has a conflict of interest. Malpractice can also occur when the lawyer commits a breach of contract. To win legal malpractice litigation, the client must prove that an attorney-client relationship existed and was violated.

Signing a Waiver

Before completing a surgery or performing other medical procedures at a hospital, having the patient sign a waiver is a standard practice. It is not however true that signing a waiver prevents you from making a claim for malpractice. If negligence on the part of the hospital or hospital staff resulted in injury, you still have the right to sue. For example, a patient who isn't informed that a surgery could leave them paralyzed could have a case.

Choosing an Attorney

When making a malpractice litigation claim, the use of highly specialized attorneys is important. Attorneys specializing in cases dealing with birth defects, cancer diagnosis or the specific complaint being made need to have the necessary experience. These attorneys are more up to date on current medical issues and have access to medical experts needed to testify and back up a claim.

Saturday, November 27, 2010

Florida Medical Malpractice Attorney

Article by Michael Porto

If you are trying to find a professional Florida medical malpractice attorney, it is essential to understand exactly what a malpractice attorney can do for you. This can be a complicated process but by understanding the basic terms and concepts, finding an appropriate lawyer for your medical malpractice claim in Florida can be a lot easier.

Before getting into the specific role that a Florida medical malpractice attorney plays, it is important to understand exactly what medical malpractice is. The easiest way to describe medical malpractice is negligence by act or omission by a health care provider that leads to injury or death. Medical malpractice claims are very common around the country and that is why there has been a drastic push for doctors and other medical professionals to have cheap but reliable Florida medical malpractice insurance. Medical malpractice insurance works like any other insurance where it helps to protect medical professionals from false claims or any other actions taken.

If an act of negligence by a doctor or medical professional occurs, it is the responsibility of the patient to find an experienced medical malpractice attorney that will help represent them in their claim. One of the most important items to realize when looking for the right malpractice attorney is that standards vary from state to state. For example, medical malpractice attorneys in Florida still need to be aware of the malpractice standards in their own state as well as standards of other states, most likely adjacent states like Georgia and Alabama.

Another important thing to look for when hiring a medical malpractice attorney is their ability to help you determine if you have been a victim of medical malpractice. There are a lot of steps required to file a medical malpractice claim in Florida and having an attorney with you through the whole process can be very beneficial. For example, medical records, hospital information and other paperwork needs to be gathered in order to properly file a medical malpractice claim.

With all of these benefits of hiring a licensed Florida medical malpractice attorney that have been discussed, it is also important to note that the process of winning a medical malpractice case can be very long and strenuous. First of all, in most cases it is very difficult to prove that negligence occurred because patients are usually sick before treatment begins. There are many complicated legalities that lay beneath the surface of a medical malpractice claim that also makes it very difficult to complete the entire process quickly.

If you think an act of negligence has occurred to you or a family member, it is important to do your research and talk to a knowledgeable medical malpractice attorney as soon as you can. They will at least talk to you and explain some of the terms and conditions that go in to filing a malpractice claim in the state of Florida. Before doing anything, your responsibility should be to find and talk to a Florida medical malpractice attorney.

Friday, November 19, 2010

Cases of Medical Malpractice

People see doctors as people who save lives. Doctors work around the clock; even if they are out of the hospital or clinic, they are still constantly on call. They ensure and improve their patients quality of life through giving expert medical advice.

Doctors go through many years of extensive studying while completing their coursework. They have multiple hours to complete their practicum before taking board exams to become licensed doctors. Their profession does not only involve a lot of brainwork and analysis, but also skilled hands and exceptional people skills. In essence, these professionals have the lives of some of their patients literally on the palm of their hands.

Unfortunately, these professionals are bound to make mistakes. The worse news is, when they fail, it is their patients life that is put to great risk.

It does not mean that they do things on purpose. There are certain circumstances that people simply cannot control. That results in problems and hindrances from getting the desired result.

There are multiple scenarios that can happen with these doctors. For instance, some doctors do not bother with looking at a patients medical history, immediately administering drugs that might trigger allergies. In other cases, missing something in a medical exam due to negligence can result to wrong diagnoses and treatment. When this happens, the people involved should immediately seek legal advice by contacting a personal injury attorney Utah State Tort Law states that the reports for medical malpractice must be done at least 2-4 years after the negligent act has been done.

Often times, the solution is monetary. The doctors might be able to redo the procedure and correct it, but the damage that has already been done should be answered for. These cases may also be raised to your personal injury lawyer Salt Lake City independent lawyers or those offered by firms will make sure that the patient will be given due compensation.

These cases can be handled by a personal injury attorney Utah being one of the states in the US with the most concrete medical malpractice laws. This does multiple things for the doctor and patient. Medical malpractice puts any doctors career on the line so he will be encouraged by regulation to practice with caution; the patient will be guaranteed quality medical treatment and service.

Thursday, November 11, 2010

Medical Malpractice Attorney's Steps

Medical malpractice can be described as the professional negligence by either commission or act by a health care provider. In this situation, the care that is provided deviates from the standards of practices that are accepted in the medical community and this may result in death or injury to the patient. Medical practices' regulations and standards may vary by countries. Professionals in the medical field are obliged to have a liability insurance that would be helpful to the practitioner offsetting the lawsuits costs that may arise from medical malpractices.  Any provider of health care is liable for medical malpractices if he or she does not adhere to the care standards.

However, it should be noted that those of colleagues who are practicing similar professional roles determine standards of care. If a health care provider does not follow these standards this is referred to as the med mal.  Coming up with the liability for such malpractices can be quite difficult and takes a longer time that must involve the testimony of experts who would conduct factual investigations.   

Medical malpractice attorneys must be people who are conversant with medical laws and problems so that they can assist a victim to take his or her claim to court in a way that is accurate, fast and complete.

They will be required to liaise with the medical law system as well as the hospital system in order to come up with the patient's legal options and rights. This is of very great importance because it would allow the patient to continue recovering from the injury as a result of the mistake while at the same time the medical malpractice attorneys are fighting for his or her rights.

The first step that medical malpractice attorneys take to pursue a medical malpractice claim would be to determine whether the patient is a victim of medical malpractices or not.

Some outcomes may not however be as a result of medical malpractices but that does not mean that the patient should hesitate to consult medical malpractice attorneys to evaluate the case if he or she feels that something was not done properly. This would involve the process of obtaining and evaluating medical records or any other materials that may be relevant. If the attorney realizes that the case may be very strong, he should give written notification regarding the claim to the parties that are suspected to be responsible.

When filling a medical malpractice, the patient must present complete medical records to the medical malpractice attorneys. Other documents that may be required include those with health insurance information, prescriptions information, past and present medical bills, wage records showing any money that may have been used as a result of injury, any provisions from the defendant and well as any document that the attorney may regard as necessary. Bearing in mind that the court process may be very costly, sometimes the defendant and the attorney may agree to make the settlement outside the courts. However, a qualified and experienced attorney must be sought to assist in the process. 

Friday, November 5, 2010

Medical Malpractice Attorney - Advantages

Most of us revere doctors and place them on a pedestal. This is majorly because they are the ones who make us feel better if there is anything ailing our bodies. We have immense faith in our healthcare providers and know that they will provide us with the correct diagnosis so that the right kind of treatment can be meted out with. But there are times when doctors make an error of judgment or are simply careless. These can lead to casualties and certainly cannot be tolerated. Under such circumstances, you have to claim compensation for your damages because you should certainly not pay the price for someone else's mistake. This is where a medical malpractice attorney comes into play. There are a lot of benefits of hiring a medical malpractice attorney and some of them have been discussed below.

Demanding compensation is a process that is easier said than done.

It consists of various legal procedures that can be tackled only by a trained medical malpractice attorney. One of the best things about these professionals is the fact that they have a specialization in this particular field. They have a lot of information in the subject matter and are the most up-to-date with the changes that have taken place in the law. They are also well informed about the variety of loopholes that can prove to be enormously beneficial for their clients. Quite a few people think that hiring the services of a medical malpractice attorney is absolute wastage of time and money. But this is really far from the truth. Before you can claim compensation for the damages that have been caused to you, there is a need to establish it in court that the casualty indeed occurred due to the callous approach of the medical practitioner. In the cases of medical malpractice, another doctor would be able to stand witness to testify that the death or injury could have been averted if the doctor was a little more responsible. Now, your medical malpractice attorney is the person who goes around collecting the evidence, the witness and also organizing all your paper work. With his expertise and know-how he will be able to pilot your case to victory.  Even if you plan to sort out the crisis outside court, your lawyer will make sure that you do not agree for an amount that is way less than what you actually deserve. Thus, jumping into a legal combat without the assistance of a medical malpractice attorney is nothing but a bad idea.

Before hiring a medical malpractice attorney, Springfield, MA residents need to find out if the person in question has a valid license.

Tuesday, October 26, 2010

Considering Medical Malpractice Procedures

There is a certain order of things that must happen when a physician is sued for medical malpractice. It is important that physician's are familiar with this procedure.

Medical malpractice is commonly sued for in many personal injury cases. A physician who faces charges for a particular claim, faces potential legal, practical, ethical, and personal consequences as a result.

The final decision can have a huge impact on the life of a physician. As a result, many strong feelings are involved in such a lawsuit.

Depending on the decision and disposition of the doctor, there may be extreme relief and gratitude. On the other hand, there may be resentfulness and anger.

In some instances, the case goes to court simply because the doctor believes that settling is that same as admitting the claim is legitimate. However, there are many other things to consider when it comes to one of these cases.

It is very important that every factor is taken into consideration so that everyone is fully informed and can move towards a decision that is best for everyone. The defense team will usually include the physician defendant, the defense attorney, and the adjuster.

The defense attorney is usually selected by the doctor's insurance company as it will affect how much they will have to pay for the claim if it is found to be justified. While this is the typical defendant team, there are sometimes alterations to this set up.

For example, the doctor may also hire a personal attorney to help the insurance's attorney on the case. In addition, uninsured doctors may only have a personal attorney.

There is a growing number of uninsured physicians in some areas. As can be guessed, there are a variety of challenges that defense attorneys must overcome as a case progresses.

In most cases, the accused is somewhat confused about the accusation or conflicted because of it. As a result, the defendant lawyer must find out what the accusation is exactly for and explain it to the accused.

After he or she has done this, it is likely that he or she will present a variety of solutions. They will talk about the benefits of settling now or in court and the drawbacks to settling either now or in the future as well.

The accused will then express his or her wishes for what will happen. For example, after discussing the benefits and the drawbacks, the accused may decide that he or she wants to settle now.

Of course, if the accused is insured, the insurance company has the final say in what happens. Particularly because the attorney being used was hired by them.

However, most insurance companies simply go along with the doctor's choice unless it is obviously the wrong one. As they talk about various solutions, the lawyer is required to cover several points.

The first point that the lawyer must cover is how much personal exposure the doctor, and his or her affiliated company, may receive as a result of losing. This can have a big impact on his or her career, as well as the success of the company.

The second thing the doctor must be made aware of is whether or not he or she has personal asset protection. This refers to whether or not personal assets and possessions can be taken in order to pay the amount that is sued for should the case be lost.

If assets can be taken, it could have a significant impact on his or her personal life. Likewise, whether or not this is the case can have an impact on whether he or she settles now or later.

The third thing the attorney must share is the full effect that a particular settlement will have on the doctor's future insurance premiums and whether or not he or she will be covered by insurance in the future. This can also be disconcerting sometimes.

The fourth thing the attorney must talk about is what could likely be decided in court. They will also discuss a summary jury trial.

The fifth thing that the doctor must be made aware of is how 'strikes' are given. For example, settling out of court will not count as a 'strike.'

Meanwhile, a decision that the doctor made a mistake in court will count as a 'strike.' A 'strike' has significant impact on a career and other aspects.

The sixth thing that the doctor needs to know is that a settlement or verdict over 0,000 will be posted on the Department of Health website. As this is public information, it can also have a significant impact on a career and trust levels obtained with clients.

Tuesday, October 19, 2010

Filing A Medical Malpractice Claim

Article by Philadelphia Medical Malpractice

Tuesday, October 12, 2010

Choosing a Medical Malpractice Attorney

Many of us aren't aware of how often medical malpractice actually occurs. For instance, each year alone over 200,000 deaths are reported as a result of a careless or negligent health care professional or hospital. On top of that, thousands more sustain injuries not resulting in death. If you live in New York and have suffered further injury, or if a loved one died, through the actions of a medical professional or hospital, you should consider filing a New York medical malpractice lawsuit as soon as you are able to.

Not only is your compensation in the hands of the New York malpractice lawyer you choose to represent your case, but so are the lives and health of every other patient being subjected to the negligent doctor or hospital you are filing against. By speaking up, you could very well help save others who might have been harmed. That's why it is important that you select your attorney very carefully, taking care to dig around in his/her background to determine if they are not only fully qualified, but trustworthy and generally successful in their work.

One of the most beneficial points of hiring a professional legal representative to handle your case is the fact that they will have experience in obtaining the sometimes hard-to-get evidence needed to support your case.

Injuries and negligence can be difficult to prove, but a good lawyer will have the means to obtain and present medical records and testimonials to prove your claim. But first, you have to find a good New York attorney

Often, getting recommendations from others who have dealt with this sort of case can be beneficial. After all, a recommendation allows someone to vouch for a good lawyer and tell the truth about a bad one.

You cannot solely rely on this method, however. You need to expand your search to the internet and the phone. Do searches, call around, and give a list of attorneys who look like possibilities.

When you get the opportunity to talk to a candidate, make sure that you ask pointed questions. Know how much experience they have, how qualified they are, their ratio of cases won to cases lost to cases settled.

Tuesday, October 5, 2010

Protection Tactics against Counterfeiting Malpractices

Due to the demand for low priced goods counterfeiters have embarked on a mass production venture where quality and the value of goods is completely non-existent. The counterfeit activities are adversely affecting the pharmaceutical industry as products are being stolen and reproduced to obtain and offer cheaper replicas of the original medicines. The fraudsters have also gained immense profits through the manufacture and sale of fake luxury items and high tech products.

Irrespective of the industry that you belong to, you have to ensure strong preventive measures to check the occurrences of counterfeit or gray market sales. You invest large sums of capital for experimentation and production of goods to cater to the customers’ needs. Simultaneously you should enforce practices from the very beginning to safeguard your inventions and patents.

It is extremely essential to employ anti-counterfeiting solutions that can check internet malpractices and provide competent online fraud detection strategies.

New Momentum is a compelling company which provides intelligent and persuasive anti fraud protection solutions for your enterprise. It provides 24 hours monitoring capabilities to keep a track of all online activities and identify any suspicious movements. These solutions consistently follow entities that show irregular patterns such as bulk selling, excessive discounts and low prices. Once they are able to determine that the entities are not genuine they generate reports based on the real-time information for immediate analysis and corrective measures.

The solutions undertake vulnerability assessment procedures through rigorous scanning methods.

New Momentum’s brand protection solutions pursue law enforcing policies to curb the activities of the counterfeit brigade and make them totally ineffective for further operations. Continuous monitoring of shutdown sites restricts their chance of reviving their operations. These solutions provide high visibility and you are alerted immediately about threats. Those who have used New Momentum’s anti-counterfeiting solutions are well prepared to handle any situation, and have managed to stabilize their online business.

Many are reluctant to spend on solutions that can provide them a free and secure business environment, and in the event they end up losing prospective opportunities to this illegal activity. Many have used solutions that are complex or time consuming and render poor results to prevent internet fraud. Those who have used New Momentum have judged the product and found it to be extremely beneficial for protecting their invaluable assets.


Tuesday, September 28, 2010

Medical Malpractice - Bacterial Meningitis

Physicians are entrusted with the well-being of their patients. But sometimes even doctors make mistakes. These mistakes may sometimes be relatively minor. However there are times that they can be the cause of permanent injuries or even death. These medical mistakes are more commonly called medical malpractice.

The Institute of Medicine has said that medical malpractice is one of the top ten causes of death in the US.

Medical mistakes such as these, which can change lives for the worse and even result in death, are especially difficult for a parent to deal with when it happens to their child.

One of the most common forms of medical malpractice occurs when doctors fail to diagnose bacterial meningitis amongst children.

It is especially important that a doctor does not miss the signs of bacterial meningitis. That's because a delay in diagnosis can significantly reduce the chances that a person will survive.

However, if bacterial meningitis is detected early and aggressively treated it can be cured.

What is Meningitis?

Meningitis is the inflammation of the protective membranes that cover the spinal cord and brain. It could be caused by bacteria, viruses, other microorganisms, and on occasion by certain drugs.

Meningitis is classified as a medical emergency because the inflammation is so close to the brain and spinal cord that it can be life-threatening.

The kinds of bacteria that cause bacterial meningitis vary by the age of the victim. In newborns up to 3 months of age, and premature babies, the most common causes are group B streptococci. Children under five are often affected by Haemophilus influenza type B (in countries that do not offer the pneumococcal vaccine). Older children are usually affected by Streptococcus pneumonia and Neisseria meningitides.

Ten percent of the people who are afflicted with bacterial meningitis die. Many others suffer from permanent damages that include hearing loss, brain damage, and learning disabilities.

One of the main reasons that this can happen is because too many doctors do not properly diagnose and treat the condition. Doctors should, at the first sign of the disease, request a spinal tap in order to confirm their diagnosis. If they do not order a spinal tap it could result in their being liable for malpractice.

What are the Symptoms of Bacterial Meningitis?

The preliminary symptoms of meningitis include headache, a stiff neck and high fever. It may take only several hours or up to one to two days for these symptoms to develop.

Additional symptoms might include vomiting, nausea, discomfort when looking at bright lights, sleepiness, and confusion.

However headache, fever, and neck stiffness may be absent or difficult to detect in small infants.

Saturday, September 18, 2010

Medical Malpractice Claims in Arizona

When you seek out medical advice and treatment, you trust that your doctors and other healthcare professionals are making the right decisions, using the right equipment and acting in the appropriate amount of time for your specific situation.

Unfortunately, physicians, surgeons, EMTs, nurses and other healthcare professionals can be negligent and fail to provide the care you need. Their negligence can cause life-altering personal injuries and even wrongful death. When this happens, you may want to discuss a claim for medical malpractice with an experienced attorney.

Examples of Medical Malpractice

Medical malpractice can occur at any time during your interaction with a medical professional. Following are some of the most common types of facts underlying medical malpractice:

• Delaying treatment after diagnosing a medical condition.
• Failing to diagnose a medical condition, or misdiagnosing the condition.
Failure to diagnose cancer in a timely manner.
Not providing the right treatment for a medical condition.
Errors made in prescribing and administering medication. In some of theses cases, physicians, nurses and even pharmacists can be held liable for the mistake that caused injury.
Mistakes made before, during or after a surgical procedure.
Mistakes during the administration of anesthesia, including failing to complete a thorough patient condition check for any possible complications from the anesthesia.
Birth injuries from negligence on the part of the attending doctor or nurses, or the hospital, especially in the case of delaying a C-section.

Severe birth injuries include Erb's palsy, cerebral palsy and other types of traumatic brain damage.
Failure to recognize complications during pregnancy and delivery of a child, including large baby syndrome and Rh-incompatibility.
• Inadequate treatment of a severe burn injury.
Failure to provide necessary medical care to a nursing home patient.

Compensation for Medical Malpractice

Medical malpractice lawsuits are notorious for being complicated, but the effort that goes into a personal injury lawsuit like this is worth it for patients who have been seriously injured, or who have suffered the loss of a loved one, due to medical negligence.

Saturday, September 11, 2010

Texas Medical Malpractice Lawyers

If you've got been the victim of medical malpractice, there are attorneys who focus on serving to you recover damages that you are entitled to as a results of the negligence. Texas medical malpractice lawyers can review your case during, what's often, a free consultation. Being injured can leave you with a feeling of depression and helplessness, especially if it's the fault of somebody else.

In order to file a medical malpractice claim, the victim should get a 2nd opinion from a professional physician. Common malpractice suits stem from incorrect operations and improper prescriptions or diagnosis. Texas medical malpractice lawyers will raise to determine medical reports, x-ray results and other data regarding any/all treatment that you have got undergone. The 2nd opinion, during this instance, would be for the aim of determining whether of not you have got been improperly treated by another physician. You'll possible would like another physician to verify your claim of medical negligence by another doctor or facility as this can help to strengthen your legal case.

Damages that Texas medical malpractice lawyers might seek embody lost wages if you have had to take time far from your work to recover, the price of medical bills and a reasonable total for pain and suffering. It can be easier to begin to arrive at a price of damages once your medical treatment has concluded. If, but, you may require medical treatment for the rest of your life, Texas medical malpractice lawyers can strive to barter arrangements for a lifetime compensation plan for future medical costs.

Once reviewing the data that you just give, Texas medical malpractice lawyers can begin settlement negotiations on your behalf. It is important to hunt legal recommendation quickly if you're feeling that you've got been a victim of medical malpractice. So as to assist defend your interests, Texas medical malpractice lawyers can build positive that your personal injury claim is filed during a timely manner. Each space has specific deadlines that has got to be met so as for a claim to be honored and, if this timeframe isn't met, all future compensation might be forever lost. The settlement process can be lengthy, so patience is essential at this point. A series of letters and phonephone calls will doubtless be exchanged before a suitable settlement can be reached. Once a settlement is approved, Texas medical malpractice lawyers will deduct their commission before providing you with the remaining sum. A retainer agreement can be signed between Texas medical malpractice lawyers and yourself, that will outline the fee schedule as it relates to any settlement or judgment. Within the event that a case is unable to be settled, it might proceed to trial. The trial method is lengthy and expensive, which is why cases are often settled out of court.

Thursday, September 2, 2010

Medical Malpractice

Many people may not realize that medical malpractice is a real and ever growing problem. People die everyday from wrong diagnoses and incorrect treatments. The problem is that most of these cases are private and many are never reported. A lot of the population does not know enough about medical practices to know when they are faced with a malpractice problem. They are forced to take the word of the doctor and staff at hand. This may explain why only a small number of claims are filed for malpractice suits and only about half of them actually win the lawsuit.

Physicians have medical malpractice insurance that will cover them in the event someone files a malpractice claim against them. In the past the cost for this type of insurance was a flat rate, but due to the fact that medical malpractice suits are on the rise, the cost for this insurance has also begun to rise.

There are not as many providers for this type of insurance as it use to be. This is because medical costs are going up and it is very difficult to make a profit in this business.

Things that can be considered a medical malpractice would be failure to treat a medical problem correctly that causes a new medical problem or makes the existing one worse. If a physician fails to diagnose a disease, detects the problem to late to help the patient or fails to treat the condition correctly after it has been diagnosed it could be considered malpractice. If problems occur during the use of anesthesia or surgery that was due to the fault of the doctor or a member of the staff it could be malpractice. Also prescribing the wrong medication for a patient or medicine that interferes with other known conditions the patient may suffer from is also grounds for malpractice.

Medical malpractice suits are normally always expensive and very complicated.

You must be able to provide all of the necessary information to your attorney to have a chance of winning a lawsuit of this nature. This would be information such as a detailed list of the patient's medical history. This would include all doctors and hospitals or clinics that the patient has visited and all treatments that the patients received during this time, even if it seems unimportant. All medicines taken and prescribed must be recorded and a written description of all conversations that have taken place will be needed along with the dates everything took place. A medical expert will review the case and will ultimately be the one to decide if the suit is legitimate.

Thursday, August 26, 2010

Medical Malpractice Law

Medical Malpractice, also known as medical negligence, is the failure of a medical practitioner to meet the standard of good medical practice in the field in which the professional practices. It simply occurs when a medical professional proceeds in a medical conduct when treating a patient. It can simply take place from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples may include: failure to diagnose or misdiagnosis of a medical condition.

The laws and rules governing malpractice suits in each state can vary significantly. A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that result in harm to the patient, even if the procedure is followed properly. If the patient is not harmed by the physician's error, the patient cannot recover damages as the result of the error.

Medical malpractice actions have been significantly affected by "tort reform". These cases are very expensive to pursue and to litigate, and your recovery of damages may be limited by statute.

It is of utmost importance to seek advice from medical experts, who can be very costly to hire. Medical Malpractice being a highly technical field of law, it is usually best to go to an attorney who specializes in medical malpractice cases. Due to the high costs of litigating malpractice cases, some injured people will observe that the cost of litigation will exceed the amount of any damages award, and they are forced to choose between abandoning their claim pursuing it at a financial loss.

When you are consulting malpractice attorneys, it is helpful if you can provide them with copies of important documents and data that you have, in relation to your case.

While hiring a lawyer you must look up to some important aspects of his career. You must take into account his professional experience, his knowledge regarding the subject related matters and how many cases has he taken into trial.

Most of the medical malpractice lawyers take their cases on "contingency basis", where the attorney fee is the percentage of the amount recovered from the defendant through the settlement. When you initiate medical malpractice litigation, you should keep in mind that it can be a very long and difficult process.

If you or a loved one has been a victim of medical malpractice, you should act promptly to preserve your rights.

Tuesday, August 17, 2010

Ft. Lauderdale Medical Malpractice: Finding A Good Medical Malpractice Lawyer

Medical malpractice is the third leading cause of death in America, killing 100,000 people every year.

From 1996 through 1999, Florida hospitals reported 19,885 incidents but only 3,177 medical malpractice claims. In other words, for every 6 medical errors only one claim is filed.

Why are the medical malpractice claims in Florida so low even though Florida is the fifth largest market for medical malpractice claims? The U. S. Department of Justice estimates that in 2003 (the latest available), medical malpractice is the second-toughest type of tort case for plaintiffs to win at trial, with defendant physicians prevailing in 63.3% of verdicts.

Florida medical malpractice claims are by no means easy to win. In my own back yard, many Ft.

Lauderdale plaintiffs come into law offices but are hesitant to file a claim. Don’t be. Yes, medical malpractice is a highly specialized area of personal injury and can be complex and time consuming. But if you or a family member has been a victim of medical malpractice as a result of negligent or irresponsible behavior, you deserve compensation.

You just need to find the BEST medical malpractice attorney, a Ft. Lauderdale attorney with a track record of successful malpractice judgments and verdicts.

Don’t be fooled by the TV advertisements that air on Florida stations all the time inquiring about damages caused by a specific condition or a specific drug. In most cases, these central organizations will not bring justice to its clients. Generally, they are clearinghouses and get compensated by racking up referrals to attorneys they serve. If you believe you have a legitimate medical malpractice case, you’re better off contacting a LOCAL attorney.

Here are some other characteristics to look for in medical malpractice attorneys:

Local – You want a local medical malpractice attorney because they are familiar with the state laws and the local judges, medical experts and court personnel.
Trial experience – Although many medical malpractice cases are settled out of court, your particular case may go to trial if an agreeable settlement cannot be decided beforehand. You do NOT want an attorney who has never been to trial .
Payment – Beware of medical malpractice attorneys who want to charge you upfront. Most law firms will accept medical malpractice cases on a contingency fee basis. That means you don't have to pay attorney fees unless the case is settled favorably. Generally, the lawyer will be paid based on a percentage of 25 to 40 percent of what you may collect on a settlement, or on a judgment if the case goes to trial.
Amount of settlement – Do not choose a medical malpractice attorney solely because he predicted the highest amount of money you might be able to recover for the case out of all the lawyers you interviewed. That lawyer may be trying to persuade you to hire him, but then later he can explain to you that the case is not coming along as good as he had hoped, and therefore the value is actually less than promised. Good lawyers will seldom give an opinion on the value of a case until they have had a thorough opportunity to investigate the case and have the records reviewed by experts. Even then, case value is a complicated proposition and not a shoot-from-the-hip matter.
Size of firm – Research the law firm. Is it the right size for your case? Many Ft. Lauderdale medical malpractice and personal injury firms are too small to handle large, complex cases nor do they have the support staff that includes paralegals, law clerks and administrative personnel. You also don’t want a Ft. Lauderdale law firm that is too large, where you and your case get lost in the shuffle.
Special Needs – Do you have special needs? Could you benefit from a medical malpractice law firm that speaks Spanish, for instance? Check to see if the Ft. Lauderdale law firm has information in both English and Spanish on their website.
Commitment to the local community – Is the law firm actively involved in the community? Do they give back through local charities and affiliations?
Local associations – In addition to the Bar Associations, do the medical practice attorneys belong to local associations such as the Broward County Justice Association and the Palm Beach Justice Association?

A good medical malpractice attorney will be familiar with fighting for your rights against hospitals, insurance companies, physicians, nurses, etc. Your medical future could be on the line. Choose a medical malpractice attorney that can be a strong voice for families and victims of negligent healthcare.

Sunday, August 8, 2010

The Indispensability Of Malpractice Lawyers

Malpractice lawsuits can range from the common medical ones to others such as legal and/or professional malpractices. If you have been a victim of gross misconduct on the part of a doctor, lawyer or any other professional then you are well within your rights to sue them. You can claim compensation and the accused can also be slapped with a ban on practicing their trade. You need a lot of patience in the search for malpractice lawyers. Kingston, NY has quite a few good law firms who have attorneys specializing in malpractice lawsuits.

A medical malpractice occurs when a person is not given the adequate treatment by his/her doctor or care-giver. This leads to the patient having to go through a lot of pain and in extreme cases he/she could have passed away. If this happens then the doctor should be slapped with a medical malpractice lawsuit. Legal malpractices refer to an attorney's inability to properly defend a client in a court of law. Professional malpractice lawsuits can be brought against a service professional that has knowingly carried out a fraudulent or illegal activity. Financial advisors, billing companies, accountants can be charged under this broad heading.

In order to find the best in the business you need to look high and low before you stop at a particular attorney. Ask friends and family for advice. They are your best source of information and if you're lucky you will find a reputable attorney.

If you couldn't find a suitable candidate then you need to get out there and do your homework. When you speak to a malpractice lawyer don't be afraid to ask him/her about their experience in this particular field. You should question them about their success rate. A good attorney will not boast and make fancy promises. He/she will devote adequate time and energy to your case. Thus, through hard work you will get justice which should involve satisfactory financial compensation.

Experience is the key for all malpractice lawyers. Kingston, NY is home to a good many lawyers who have been embroiled in tough malpractice battles and have come out victorious. This is good news for those who are searching for an attorney who can help them get justice for a malpractice which has caused them mental, physical as well as economical distress. Choose a really good malpractice lawyer and justice will be yours!

Saturday, July 31, 2010

Handling Doctor Malpractice

Doctor malpractice is one of the scariest possibilities when you are going in to be treated by a physician. Whether or not you are going to their office or seeing them in a hospital, it is important that you understand what doctor malpractice is and if you can or should file a claim.

The first item to address is yes, you can file a claim if you are a victim of doctor malpractice. It doesn't matter that you signed a form when you went in to see the doctor or checked into the hospital granting consent for treatment. You gave permission for a procedure to be carried out properly, by proper staff. Don't let the hospital, doctor or attorney for any of these entities try to tell you otherwise. You have the right to seek damages for the injury or loss that you suffered.

This is not to say that if you are not happy with the result of a treatment, procedure or office visit that you can sue the doctor.

There are certain requirements that must be there for it to be considered malpractice. For example, if your doctor does not treat a problem correctly, new problems can arise from the wrong treatment. You can file a doctor malpractice suit.

If through the negligence of your doctor a diagnosis is given too late for a treatment to do any good for you or your loved one, this is grounds for a malpractice suit. Likewise if the wrong diagnosis is given and then the wrong treatment is given you have grounds for a malpractice suit. During a procedure where the patient is under anesthesia or if the patient is having surgery and there are things that go wrong that could have easily been prevented by the doctor, you have grounds for malpractice.

The wrong medication being prescribed or the wrong dosage being prescribed can also be grounds for malpractice.

It may seem as though a malpractice suit can happen over many things, and it can. What you need to know is that you are going to need to provide documentation. This is why it is important that you get a copy of your medical records, and that you keep them. You should also keep track of any and all discharge instructions you are given when leaving the office or the hospital. The last thing you want to have happen is a loss of the doctor malpractice suit because the documentation was not there. As well, you may want to also keep a diary of your own notes, since if things start to really go south, you may not be in a position to remember things accurately.

Everyone should also know that malpractice is not limited to your physician. Professionals such as dentists, lawyers and doctors can all have malpractice suits drawn up against them. By law, malpractice is the dereliction of a professional's duty due to negligence or incompetence by that professional or the institution.

Saturday, July 24, 2010

Suing For Medical Malpractice

Have you or anyone you know found yourself the victim of medical malpractice? If so, you are one of thousands of people who have been injured due to the negligence of a health care professional. Philadelphia malpractice attorneys are there to help you file a malpractice claim and seek the financial compensation that can help cover the costs of medical treatments-both mental and physical-and any other losses that resulted from the injury.

If you suspect a loved one died as the result of a medical mishap, you need to speak to a malpractice attorney, today. Malpractice law covers a wide range of medical mistakes and protects you from further wrong doing. Don't let time get away from you. Malpractice law has time restraints that require quick action. Time is money when you have been hurt by a negligent physician. A malpractice attorney can help you turn back the clock and get compensation for your grief.

It is important that you begin your Philadelphia malpractice claim as soon after the incident as possible.

If you are suddenly feeling painful or inappropriate effects from previous treatment, you may still be able to file a claim. Hospitals can also be at fault sometimes, and you can bet that they will also try to cover up any mishaps that occur. This is why you must be prepared to contact a lawyer to help you acquire the evidence necessary to file your claim against the hospital or one of its employees.

If the death of a loved one has occurred either through mishandling, misdiagnosis, surgical errors, or another form of negligence, you may find that you are unable to obtain the medical records of your relative. This is where a Philadelphia attorney really pays off, as they are able to obtain medical records on the basis of legal necessity.

You might find information in these records that can help support, if not confirm your claim.

When you have been mistreated by a medical professional or medical institution, malpractice law is on your side. Contact your trusted Philadelphia malpractice attorney immediately for guidance and protection. The law is on your side. Make it work for you today.

Saturday, July 17, 2010

Medical Malpractice Lawyer- Responsibilities

No one wants to be on the other side of medical malpractice case. If you do find you or a member of your family has been a victim of medical malpractice in New York you should contact a Medical Malpractice lawyer. Lawyers know the laws of the stat they practice in and they know how to fight for their clients rights. Medical Malpractice lawyers work with cases that deal with doctor negligence or the negligence of any medical staff members that may work in a hospital or clinic. They deal with cases birth injury cases and other hospital or clinic error cases. They even deal with the most extreme cases which are accidental death; also known as wrongful death. To make sure your Malpractice case whatever type it may be is legitimate contact a Medical Malpractice lawyer.

For The Best Medical Malpractice Yonkers visit

The attorneys' job is to make sure the patients' standard care has not been violated.

If the rights of the patient to obtain standard medical treatment were not met, there may be a possible medical malpractice case. The other requirement of the attorney is to prove malpractice, rather than a procedural error or additional unfortunate happening that might not be thought of as negligence. Some procedures carry established risks. Even if you're injured by a medical intervention, some incidents are looked at as normal medical injuries and not as malpractice. Some hospital problems are thought of as "acceptable" for medical care.

One of the most important things an attorney may have to prove in your case is hurt.

If the patient was not hurt in a case then there is no malpractice to claim.


Thursday, July 8, 2010

Florida Medical Malpractice

Forman Law Offices is a specialized law firm concentrating in the area of Florida medical malpracticemedical negligence, and other serious injuries. Seasoned Florida Medical Malpractice lawyers and staff are uniquely qualified to handle a wide range of matters from wrongful death, brain injuries, misdiagnosis and surgical errors to complex litigation involving medical issues. Multi-million dollar verdicts and claims that have been recovered on behalf of its clients is a testament to the firm's success.

Almost 100,000 wrongful deaths and countless other problems causing serious debilitating injuries occur every year in this country as a result of medical mistakes, however, less than 10% of these cases are pursued through our justice system.

To ensure that negligent health care providers are held accountable for their actions, victims of medical malpractice must pursue their legal rights.

When medical mistakes cause serious injury or death, Forman Law Offices provides trusted experience, guidance, and compassion to victims who may be entitled to financial compensation. Forman Law Offices offers a unique combination of expertise by merging legal and medical professionals under one roof. A full-time in-house doctor teams up with case Florida Medical Malpractice attorney s to offer the highest level of insight from all angles.

Legal strategy is blended with the medical knowledge and insight of the firm's doctors to efficiently and effectively evaluate almost any medical issue presented.

The firm takes into consideration each client's personal plight, addressing the facts and circumstances of each case on an individual basis.

Forman Law Offices uses its expertise and experience to weigh the benefits of each claim and chances for success. As a result, the firm guides clients through the litigation process, keeping them informed every step of the way, florida medical malpractice lawyer.

This combination of experience has earned Forman Law Offices an impressive reputation against some of the largest and best-represented medical organizations in Florida. Misplaced Lab Specimen Results in Infection of Ankle Bones Our client fell and broke her ankle, requiring surgery. Within a week, our client began complaining of symptoms consistent with that of an infection.

The podiatrist properly took a culture. Unfortunately, it took over a week before the results were evaluated. The podiatrist improperly waited two days before sending the culture to the lab. The lab promptly faxed the results back to the podiatrist within 48 hours. The results sat the podiatrist's desk for several more days while he was out of the office. By the tim the results were finally evaluated, the infection had spread into the bones in our clients ankle resulting in pain and inflamation. The case was settled the day before trial for 0,00.

Tuesday, June 29, 2010

Prescription Malpractice and the Law

A patient places trust in doctors, pharmacists and manufacturers when he or she uses a pharmaceutical or medical device. But the widespread incidence of prescription malpractice shows we aren’t always getting the best medicine – and that legal action may be necessary in order to obtain compensation for injuries.

It’s unfortunate that a medical malpractice attorney would need to get involved in your prescription medications. But malpractice with pharmaceuticals and medical devices – by medical doctors, pharmacists, administrators, nursing staff and manufacturers – can cause serious injury and death. Further, manufacturers of drugs have had massive recalls in recent years due to adverse effects being discovered after widespread patient use and injury.

At least 400,000 patients are harmed by prescription malpractice every year in the U.S., some of them fatally.

A significant degree of healthcare is delivered through medical prescriptions, causing pharmaceutical malpractice to be far too common. Here are some of the ways in which prescription malpractice frequently occurs:

Physicians prescribe medications that injuriously interact with other medications the patient is already taking.
The doctor’s instructions to the pharmacist were misread or misinterpreted, leading to the wrong medication being prescribed or an incorrect dosage.
A nurse administers medications incorrectly or according to flawed instructions in in-patient settings.
A mistake in manufacturing resulted in a defective product.
Side effects are not disclosed by the pharmaceutical company.
The drug manufacturer was given approval to market the drug but adequate testing was not conducted or findings were misrepresented.

Important to note, however, is the fact that not all unfavorable medical outcomes are due to errors in pharmaceuticals or other interventions (therapy, medical devices, etc.). A prescription malpractice attorney (a medical malpractice attorney who specializes in prescription malpractice) must prove the following:

Did the patient’s condition deteriorate following treatment?
Do new symptoms correlate with known effects of the medication in question?
Can the physician provide a plausible alternative explanation for the patient’s worsened health?

Who is responsible in prescription malpractice cases?

In several widely reported cases (Fen-Phen, Rezulin, Baycol and others) in recent years, drug manufacturers have been shown to hide key facts about a medication’s side effects or exaggerated its efficacy. Economic pressures to bring medications to market and expand their use are believed to be responsible for this spate of medication malpractice injuries.

But even with prescription drugs that are proven effective and safe under proper conditions, several participants in healthcare delivery can still be negligent or reckless in the administration of medicine and medical devices:

Prescribing physicians
Hospital and nursing home administrators

As with any form of medical malpractice, it is important for patients and their families who intend to file claims to collect all medical records and to establish a written record of conversations they had with medical professionals. Share this with your prescription malpractice attorney as you consider your options for seeking fair and just compensation.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Sunday, June 20, 2010

Medical Malpractice and Patient Confidentiality

Breaking a patient – physician confidentiality is one type of medical malpractice and can be grounds for a medical malpractice lawsuit filed by a personal injury attorney who specializes in medical malpractice cases, otherwise known as a “medical malpractice attorney”.

Those seeking medical care or advice implicitly trust that their personal information will be kept safe from disclosure to unauthorized parties. Every patient has a right to feel safe in that trust, and can suffer in several ways if the confidentiality is broken.

Protection of patient confidentiality involves more than one might initially imagine. For example:

All contents of the patient’s record should be considered confidential and therefore “protected”. This includes information the patient has provided (such as health history forms), the providers’ examination notes, telephone messages, notes or letters written to the doctor, labs, prescriptions, and diagnostic tests.
Doctor-patient confidentiality still applies even if the patient permanently stops going to that particular office or facility, or is no longer considered an active patient.
Sensitive patient information should be kept safe from persons both within and outside the facility or office.

There are some exceptions to the rule of confidentiality whereby the patient’s permission is not required for release of their records. In general, the following situations would not give cause to a medical malpractice lawsuit for breach of confidentiality:

Data regarding certain communicable diseases, bacteria, or viruses must be reported to State Health Officers such as the Center for Communicable Diseases or The World Health Organization
Cases of child abuse, spousal abuse, or elder abuse
In order to authorize payment for claims, insurance companies always need at least a diagnosis. Supporting data such as diagnostic tests, lab results and more may need to be supplied as well
A medical malpractice attorney will issue a subpoena for records to the medical professional who is being charged with malpractice.

It is the health-care provider’s duty to create and maintain a trustworthy relationship with the patient. When that trust is broken, they can and should be held accountable for the serious negative consequences experienced by a patient. If you have suffered due to the inappropriate disclosure of your medical information, a medical malpractice attorney can advise you of your legal rights and options you may wish to take.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Saturday, June 12, 2010

Tips For Medical Malpractice Victims

What is medical negligence or medical malpractice? As a general rule of thumb, medical malpractice, which is additionally known as medical negligence, occurs when a health care supplier causes injury or maybe death to a patient when she fails to act among the confines of commonplace medical care. Putting it another approach, medical malpractice is committed by a doctor or different health care provider when she or he does not act moderately and responsibly, and this unreasonable conduct causes harm to the patient.

What types are medical malpractice are there? Typically speaking, medical malpractice will commonly occur below the subsequent circumstances:
?Birth injury
?Anesthesia malpractice
?Prognosis misdiagnosis
?Surgical negligence
?Contaminated blood
?Injury from pharmaceuticals/ Overdoses
Is medical malpractice common? Sadly to mention, medical mistakes are common occurrences here within the United States. A report that was recently published by the Institute of Medication stated that as several as 98,000 folks die each year in the hospitals in American due to medical mistakes. Therefore, in our country medical mistakes compose the eighth leading cause of death. Injuries occur to over 1.3 million folks a year that involve medication errors.

What ought to you do if you're thinking that your injuries could are caused by medical malpractice? Definitely not all medical mistakes constitute malpractice. However, if you or if a loved one has suffered a serious injury which is sudden or has even died, then you ought to definitely question whether that death or injury was the result of medical negligence or medical malpractice. You not only owe it to yourself but to your relations to know the reality and hold the health care supplier answerable for the hurt that has been caused. Countless dollars might be at stake.

What should you are doing if you've got been victimized by medical malpractice? You'll find that you are experiencing pain and suffering in addition to severe monetary hardships. There's no want to go through this troublesome time by yourself. You as the patient ought to not be needed to get the mistakes of your doctor or his or her negligence. It is important for you to locate and contact an experienced lawyer who will be ready to protect your rights plus get you the compensation you deserve.

What else will be done different than sue for malpractice? The first step involves informing the health care provider who performed the service. She could not be aware that there was a problem. You'll find that the majority of doctors and pharmacists are honest individuals, and they can take the required action to correct a mistake. Another step which will be taken is to contact licensing authorities or state regulatory boards therefore that they will review the case in query and take disciplinary action if necessary. Penalties, fines and therefore the revocation or suspension of a license can be disbursed by state agencies and organizations.

You need to understand that whether or not you file a medical malpractice suit and win it, that can still not un-do the harm that was caused by the negligent actions. However it can ease the money hardship that you'll be enduring as a results of that negligence, plus helping others to not fall victim to the current by having a doctor's license suspended or revoked because she isn't doing their job properly.

Thursday, June 3, 2010

PA Malpractice Lawyer Story

I’ll call my friend Ryan, since I don’t want to reveal his/her true identity for legal reasons. Ryan is an avid runner and does around 60 miles of running per week. That’s a lot of running and a lot of physical activity, which makes him susceptible to injury more than your average person.

Unfortunately, Ryan did suffer a pretty bad knee injury in which he had to undergo surgery. The surgery went fine, or so everybody thought. It turns out that Ryan’s surgeon had been negligent in multiple ways (again, I can’t share that information for legal and privacy reasons), and Ryan ended up barely being able to walk. Long story short, he ended up suing the doctor for negligence, and he won. Why? Because he had a good PA malpractice lawyer.

Now the purpose of this article is not to advertise one PA malpractice lawyer over another, as that is outside the scope.

The purpose of this article, however, is to let you know how important it is to choose a good attorney. I have worked in the industry and I have heard several horror stories of people who have been victims of medical malpractice, decided to sue, and then further became a victim of a horrible attorney who did not know what they were doing and were not knowledgeable in all the laws surrounding medical negligence.

Where To Find A Good PA Malpractice Lawyer

The easiest place to find a good attorney, besides asking around to your friends and family, is by searching the internet, because they all have websites now (especially the good ones). If you do a simple Google search for “PA malpractice lawyer”, you should be able to easily find a good attorney to help you out with your case. If you have any questions or comments, feel free to leave them in the comments section of this post.

If not, I wish you the best in finding a good attorney, fighting your case, and winning a lot of money.

Tony McGuigano is the owner of the Pennsylvania malpractice attorney website, as well as a website called Vertigo Exercises.

Thursday, May 27, 2010

Medical Malpractice Defined

Medical malpractice is defined as the failure of a healthcare provider to perform his or her medical duties in an adequate manner which results in damages to a patient. Medical malpractice occurs as a result of the negligence or incompetence of the healthcare provider. It can include a failure to diagnose or to treat an illness or a medical condition, as well as a failure to inform the patient about the risks associated with a medical procedure.
The rules that govern medical malpractice are extremely complex and vary from state to state. In Colorado, there are specific regulations that concern medical malpractice. Each should be carefully considered in the case of litigation. The legal field of medical malpractice is among the most difficult to master. Residents of Colorado who are involved in such cases should always seek the help of an expert Denver medical malpractice lawyer.
Some of the most common situations that can be interpreted as medical malpractice are:
The failure to provide a proper treatment for a medical condition
The failure to correctly diagnose a medical condition or the misdiagnosis of a certain condition
The failure to act in a reasonable time in order to prevent the occurrence of injury to a patient
Whenever there is a case of medical malpractice in Denver, the patient should contact a Denver medical malpractice lawyer in order to take the appropriate legal action against the responsible person or entity. Under the laws of Colorado, a Denver medical malpractice lawyer can file a claim against the defendant on behalf of the injured patient within 2 years from the time when the malpractice was discovered or should have been discovered. If a medical malpractice is not discovered immediately, the statutes of limitation assert that the patient has 3 years from the presumed date of the damage to hire a Denver medical malpractice lawyer and begin legal actions against the healthcare provider.
Medical malpractice in Denver regulations state that healthcare providers liable of being accused of medical malpractice include physicians, surgeons, physiotherapists, psychologists, nurses, and other medical staff who can directly alter the state of health of a patient. Litigation in cases of medical malpractice in Denver can also be started against medical institutions such as hospitals and clinics, under the system of vicarious liability.
Medical malpractice in Denver needs to be proven in court with the plaintiff carrying the burden proof. This means that it is up to the plaintiff to provide preponderant proof that the defendant has violated the standard of medical care and is guilty of medical malpractice. In most medical malpractice cases in Denver, experts are called to testify in order to convince the jury that the malpractice occurred as claimed by the plaintiff. Medical malpractice cases are some of the most difficult forms of tort litigation due to their inherent technical complexity. It is crucial for plaintiffs to get legal assistance from a specialized Denver medical malpractice lawyer before even considering opening such legal action.

Monday, May 17, 2010

Anesthesia Medical Malpractice

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.

How Can Medical Malpractice Related to Anesthesia be Avoided?

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

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.

Sunday, May 9, 2010

Medical Malpractice - Shocking Medical Malpractice Records

If you or a loved one has been the victim of a medical malpractice act, you are not alone. Unfortunately, Texas is one of the states that have many medical malpractice lawsuits brought against it. 

Every year, in the entire United State there are many different cases of medical malpractice. Some of these cases are not very significant, while others have resulted in serious injuries and even death. In fact, there are more than 90,000 deaths every single year in the United States that may be attributable to medical malpractice.

Some of the more minor issues have involved botox. Doctors have been found to have been using inexpensive substitutes for botox on their patients. This is not an isolated incident either. In fact, there have been over 1,000 such cases reported recently.

So there are small cases, large cases, and everything in between. Often medical malpractice results from a doctor making a misdiagnosis.

If the doctor assumes that a patient should be treated in a certain manner, the doctor prescribes treatments for the patient which may include prescription drugs. If the diagnosis was faulty, the drugs that are prescribed may not be appropriate for the patient's condition. As such, the patient may receive medicine that can do more harm than good. It is not all that rare that patients have been given medicine that resulted in their death.

Whether you are a Texas resident of not, there are numerous mistakes made by medical professionals. You need to take the necessary steps in order to try to prevent yourself from becoming a malpractice statistic.