Friday, December 30, 2011

Medical Malpractice Claims

Medical malpractice is one of the most egregious forms of negligence. We expect for doctors and medical practitioners to use the highest level of care when treating patients. When they fail to do so, however, their already ill or injured patients run the risk of experiencing even more damage to their health. 

Malpractice is defined as professional negligence exhibited by a medical practitioner or health care provider. Professional negligence differs from general negligence because doctors are expected to perform up to a certain, industry-set standard (of which they are aware). If a physician lacks the competence necessary to adequately fulfill his or her duties, of if he or she is negligent while on the job, then malpractice has been committed.

Types of Malpractice

Not all medical situations can be remedied, and patients and doctors should be aware of this. However, health care providers are still expected to do what they can to help their patients as best as possible. When they fail to take action as they should, or when they commit inexcusable errors while on the job, then they may be cited as having committed malpractice.

There are a number of negligent medical errors that are considered to be malpractice:

· Misdiagnosis

· Unreasonable delay in treatment

· Pharmacy error

· Lack of informed consent

· Surgery error

· Nursing home abuse

· Hospital negligence

· Improper treatment

· Birth injuries

If you have suffered further injury because your doctor committed one of the above mistakes, then you may have reasonable grounds for a successful medical malpractice claim.

The Elements of a Malpractice Case

For a malpractice case to be successful, the claimant needs to ensure that the following four elements are all present:

· Medical worker owed you a certain duty of care

· This duty was breached

· The breach in duty resulted in further injury to you

· Damages were incurred from this injury

Physicians know how costly and damaging it is to have malpractice case filed against them. Because of this, they will do everything in their power to fight or delay the case. Therefore, if you have been a victim of malpractice, then you will need a strong and talented lawyer to assert your claim.

Contact Us

If you have been a victim of medical malpractice or if you would like to learn more about the dangers associated with this form of negligence, then the Las Vegas personal injury lawyers of Palmer & Associates, P.C.

can help. To learn more, visit

Thursday, December 22, 2011

Medical Malpractice: An Overview

It is quite unfortunate that medical malpractice has become one of the most common criminal offenses in places like Chicago. The health care professionals often behave carelessly which results in serious consequences including death of the patients. Therefore Chicago medical malpractice law has introduced stringent penalties for medical practitioners who neglect their duty. This is undoubtedly good news. But the problem is that people run to file a lawsuit against a doctor if they are not cured within a short span of time and the issues they raise are often insignificant.

If you are planning to file a lawsuit against a doctor you need to understand what is covered by medical malpractice law and what can not be termed as medical malpractice. Many people don't understand that a medical malpractice lawsuit can not be brought against a doctor if he or she simply fails to diagnose and treat a disease.

But one can obviously file a lawsuit against a medical practitioner if the person's failure to diagnose a disease has resulted in further complications.

In Chicago, in order to file a lawsuit against a health care professional or a medical institute the plaintiff needs to prove two things. Let's have a look at what are the two elements that the plaintiff requires to establish.
The very first thing that the plaintiff needs to establish is that the doctor has been unsuccessful in diagnosing the disease or the injury.
Once the plaintiff proves this, the next step to be taken is to prove that the doctor's inability to diagnose the disease or injury has resulted in further complicated medical condition.

Having a little knowledge of medical malpractice will save you from the hassle of filing an unreasonable case.

If you think it is not your cup of tea to decide whether your case will be valid or not it is better to seek advice from a Chicago Malpractice Attorney.

An experienced attorney can easily analyze your case and see whether it is at all a valid a case. If you don't have enough strong points to win the case the attorney can also help you to negotiate with the defendant and go for out-of-the court settlement. Doctors, health care professionals and medical institutes also prefer this because when a case is taken to court it becomes public and it can have negative impact on their social image. So consult your attorney and go ahead under his guidance.

There are very few online lawyer resources that can provide genuine information on Allentown based lawyers or law firms. 800 Allentown Lawyer directory is one among those resources having the details of all the reputed lawyers based in Allentown.

Monday, December 12, 2011

Birth Injuries and Medical Malpractice

When a couple is expecting a child, there are many considerations that must be taken into account. They spend time planning, decorating, and buying items for the new baby. Pregnancy requires classes, doctor's visits, and preparation before the birth. Unfortunately, even the most prepared parents-to-be may discover complications during childbirth. Even more tragic is the fact that complications may be caused by mistakes made by medical professionals in the delivery room.

The risks to both mother and baby can be very high during childbirth. Studies show that nearly 9.5% of medical malpractice suits involve misdiagnosis or failure to diagnose problems involving childbirth. Victims often feel that the complications that arise during the birthing process could have been avoided if the issue had been identified and addressed in a timely manner.

Common Childbirth Injuries

Although there are countless issues that can arise during childbirth, some common complications include:

• Death of the fetus

• Physical injury to the child (including broken bones, bruising, internal bleeding)

• Stillbirth

• Maternal death

• Brain injury

• Cerebral palsy

• Paralysis

• Maternal infection

These injuries can cause severe pain and suffering and may have lifelong effects on the mother and baby.

Medical professionals should practice the utmost care when dealing with any procedures, and especially so in the case of childbirth.

Some common cases of medical malpractice during childbirth include incidents where the physicians failed to notice metabolic disorders, blood issues, and complications involving diabetes.

Other issues have included failure to monitor babies after childbirth, improper evaluation during pregnancy, and physicians arriving too late to help with childbirth.

Most individuals plan and prepare for a childbirth that follows normal procedure and expectations. Unfortunately, complications have been known to arise, and the issues may have serious effects on the family and patients.

The medical staff is responsible for conducting proper evaluations and tests during the pregnancy. During childbirth, they should be prepared to execute the delivery, properly handle the child during birth, and make sure both mother and child are healthy during the process. After the birth, they are responsible for handling the child, monitoring its health, and responsibly addressing any issues that may arise.

For more information on medical malpractice involving childbirth, visit the website of the Philadelphia birth injury lawyers of the Law Offices of Lowenthal & Abrams.

Monday, December 5, 2011

Medical Malpractice Lawyers (include This Area: Maryland)

How to Choose Medical Malpractice Lawyers in Maryland?

Are you planning to sue your family doctor for medical malpractice? It is recommended that you choose an experienced malpractice lawyer for getting your compensation successfully. Given are some points to keep in mind while choosing a medical malpractice lawyer in Maryland:

Medical malpractice lawyers in Maryland: Things to Consider

Legal Expertise

You should look for an attorney who is skilled in medical malpractice lawyers Maryland. It is not necessary that all the lawyers are experienced in medical malpractice. Therefore, you should look for lawyers who are skilled in medical malpractice.


It is important that you choose a lawyer who has been in this field for several years. Check the website of the firm to find out the total experience of the firm. It is better that you choose a firm that has been in this field for more than five years.

Comfort and Communication

Determine if you are comfortable working with that particular. Similarly, decide if he is he easy to work with and understands your lawsuit appropriately. In addition, determine if the attorney is easily accessible. Does he respond to your queries and calls? Do not take a decision before clarifying your doubts.

Fees and Hidden Costs

Never take a decision before finding out the overall fees and hidden costs, if any. Compare these costs with the rates of other attorneys or legal firms. You can also request for quotes online. In addition, you should find out the associated hidden costs. For instance, some attorneys do not charge extra for the initial consultancy session. Some firms also do not charge in case you lose the case. On the other hand, some firms cut down the consultancy fees in case you lose the case. Therefore, it is important that you understand the fee structure in detail. Consider these tips and choose a good medical malpractice lawyer.

Saturday, November 26, 2011

Determining Medical Malpractice

A terribly low percentage of suspected medical malpractice claims ever build it to the trial stage. This is often as a result of so many patients are misinformed of what specifically goes into determining medical malpractice versus general complications. It's important to perceive the fundamentals of a medical malpractice claim before you attempt to file one therefore you don't waste it slow on a non-case.

Negligence is that the Key

The primary factor you want to contemplate when determining medical malpractice is whether or not or not negligence was a factor in your injury or suffering. After you gather the proof for your claim, you wish to point out that the medical professional responsible for your care was negligent in their duties.

Negligence in determining med-malpractice will return in many forms. It might be obvious negligence like leaving a surgical implement within an incision, or less obvious like the failure to diagnose cancer in a timely manner.

The apparent negligence cases make filing a malpractice claim abundant easier, however they are still a fight you do not wish to require on alone.

Proving the a lot of difficult cases such as misdiagnosis or the failure to recognize and treat surgical complications is why therefore many med-malpractice claims are denied. You will need to produce clear evidence that your doctor failed to recognize tell-tale signs of your condition andfailed to use correct measures to handle them. This typically involves a second review of your medical history by another medical skilled who can testify on your behalf.

Common Varieties of Error Ensuing in a Medical Malpractice Claim

A plastic surgery procedure that does not result in your lips trying like Angelina Jolie's is not a case for that a jury will confirm medical malpractice. A case where the jury can find that the doctor did everything in his or her power to administer you the most effective outcome during a procedure can most typically not result in a medical malpractice claim, even if your condition isn't fixed.

Only a malpractice claim that shows gross negligence caused you further damage can result in an effort and settlement.

Some of the common events that are employed in determining medical malpractice embody:

? anesthesia errors;

? failure to diagnose;

? surgical errors;

? birth injuries;

? misdiagnosis;

? medication errors;

? failure to recognize allergies or pre-existing conditions;

? wrong patient/treatment; and

? failure to act in an exceedingly timely manner.

Some of those are broad classes, such as surgical errors, where many things will get it wrong because of medical negligence.

The rule to remember when determining medical malpractice is that negligence is the muse upon that you need to build your malpractice claim.

Friday, November 18, 2011

Malpractice Attorneys-because You Have Rights Against Malpractice

It was in 1994 that the term malpractice attorney was coined, and it was in response to the increasing number of victims who suffered from the negligence of doctors and other hospital staff. These attorneys fight for the injustice done to their clients who suffer from either malpractice or negligence of the doctors, employed during medical procedure. It is really unfortunate as people, when injured or suffering from a disease go to a private doctor hoping for the best possible treatment. They shell out huge amount of money for their treatment, but find themselves afflicted with another injury or ailment when they return from the hospital. There have been horrific cases of doctors forgetting surgery instruments inside the bodies of the patients, and it is only when the patients become serious because of their lapse do they come to realize their blunder.

If a person receives injury or permanent disability because of lapses on the part of the doctor during a medical procedure, he is protected under the law to fight for the injustice done to him and he can press claims under malpractice laws against the erring doctor or the person he thinks is responsible for his injuries. Malpractice attorneys are specialists who understand the implications of the related laws and seek compensation for their clients who have been injured in this fashion. It is because of the efforts of these experts that thousands of victims of malpractice have received compensations in terms of not only money but also free treatment of the injuries that they received because of the malpractice.

Malpractice in the field of medicine is preventable as it takes place when the practitioner does not perform his duty at the highest level of perfection or when he has a lapse in concentration. Though no amount of compensation can pay for the mental and physical losses suffered by the victims of medical malpractice, the money heals some of the mental wounds in the sense that he feels that he received justice in some way. This compensation also comes in handy as the victim can easily undergo treatment for his injuries elsewhere.

If you or any of your relatives or friends has suffered due to medical malpractice, you should immediately contact a competent malpractice attorney. These attorneys can be found in the yellow pages or you can search for them through internet. Before appointing a malpractice attorney, make sure that he is a thorough professional and has won malpractice cases before. You can also go by the advice of your friends who may have undergone malpractice injury themselves.

Sometimes, the case is very complicated as when the victim has undergone any surgery and it becomes difficult for the malpractice attorney to pinpoint the lapse or negligence of the doctor. Remember to disclose all minute details during the time you were hospitalizes and also all the papers that you may have signed before your operation. Malpractice attorneys are experts in their field but need all your help to get you compensation if you are a victim of malpractice.

Wednesday, November 9, 2011

Information Pertaining to Malpractice

Malpractice lawyers are legal representatives who specialize in handling cases in which medical or legal malpractice has occurred. You are probably reading this because you or a family member or friend has had a bad experience with, most likely, a health professional who has demonstrated carelessness in his or her work and has resulted in the patient being injured. If this is the case and you are in the Phoenix area, you should seek out a Phoenix malpractice attorney straight away.

In most cases of medical malpractice is where a doctor or hospital does not follow the wishes of a patient. In more extreme cases it can be where the doctor has performed a surgery and has messed it up because of incompetence. Then there are the ones where a doctor scams you for massive amounts of money.

When we seek a health professional such as a doctor or specialist, we blindly trust that they will be doing their best to give us the treatment we need to become healthy again-but they're only human, like us.

If, say, a surgeon had a few too many alcoholic drinks on his lunch break and then showed up for surgery just after, he could severely injure or even kill the patient if he operates.

Not only can you sustain physical injury through a health care worker's negligence, but any future treatment could be difficult if you were to sustain mental issues from the experience. For instance, you are injured during surgery, and need another doctor to fix you up; but you don't want to see another doctor-in fact, you never want to step into a hospital again-because you're too scarred from the malpractice experience.

As you can see, this can be a big problem. Most Phoenix lawyers will ask you if you have any mental anguish.

Adding this to the complaint list can sometimes help you win your case. Most judges will take a look at the facts before deciding though. Just be careful when choosing a surgeon.

In closing, it's a good idea to have information about the usefulness of a Phoenix malpractice lawyer if you're near Phoenix. You never know when you might need one. It's sad that we can't trust our medical professionals but our times are uncertain. Just remember to seek help immediately if you are a victim of malpractice.

Tuesday, November 1, 2011

New York Medical Malpractice Lawyers


Is when a doctor fails in offer the duty of care that means that the doctor didnt have enough care in treating the patient, with drugs prescriptions, didnt perform surgery at the right moment, failure to recognize a symptom, failure to act, failure to diagnose. All this cases are medical negligence; the doctor will be the principal responsible of any harm the patient suffers. If the negligence occurred in a surgery the culpability could be pointed to the anesthesiologist, the doctors assistant, nurses.

After the harm was done to the patient the first step is to contact a lawyer and elaborate a list of the patients harms, with the medical history as a backup and a very detail file about the negligence that the doctor incurred.


There are many cases in which a doctor can incur in medical malpractice, such as misdiagnose or the failure to diagnose a disease, or delayed medical treatment. Doctors must meet a general level of medical standards, if they dont meet those standards they incur in Medical Malpractice.

This is a very serious theme, if a doctor incur in a medical misdiagnose it could lead to a permanent injury in the patient or it could even lead to the patients dead. Some doctors try to protect themselves by making the patient sign a release where its implied that the doctor is not responsible for the outcome of the surgery, and that the patient understands that by signing the release. If you are having any type of surgery or medical treatment, never sign this type of release.

Misdiagnose happens in two forms:

Delayed diagnose. - That means the doctor didnt act on time with the patient treatment and that had consequences with the patients health.

Failure to diagnose. - Is when a Doctor overlooked or ignored the patient symptoms, if this were suppose to be detected by a doctor acting with duty of care If the symptoms were not easy recognizable, for example a rare type of disease that most doctors could have not recognize in a patient, this doctor will not be charged.

Who is responsible for a medical malpractice?

A medical malpractice is difficult to probe and also to determine who is responsible, the most common suspects are, the doctor, doctor assistance, nurses, physicians, hospitals, anesthesiologists, pharmaceuticals companies. All this persons could be found guilty of medical malpractice.

The way to settle a medical malpractice between the victim and the plaintiff is by monetary compensation in damages and medical expenses; it has to be considered the pain suffered by

New York medical malpractice lawyer New York nursing home abuse lawyer New York Accident Lawyer New York auto accident lawyer

Sunday, October 23, 2011

Medical Malpractice 101

Medical malpractice occurs due to the negligent act, error, or omission of a health care provider, resulting in sustained injuries or death of the patient. Common categories for medical malpractice cases include failure by a health care provider to follow standard operating procedures, improperly diagnosing a medical condition, and failure to prevent injury to mother and childduring birth.


If a patient has sufficient grounds to sue for negligence of the doctor or other responsible parties, and if such parties refuse to admit liability and pay damages out of court, then legal action usually follows. A given action resulting in injuries to the patient involving medical negligence needs to be handled through documentation and demands for other damages and losses.


To be successful in a medical malpractice lawsuit, the plaintiff needs to prove, by preponderance of evidence (meaning it is more likely than not), that the healthcare provider breached a legal duty owed to the plaintiff, resulting in injury and damages. For patients, having a legal counsel to prepare, file, and litigate a medical negligence claim is a critical element in obtaining any form of favorable recovery.


Specifically, the patient must show, with the help of an Oakland medical malpractice attorney, that the healthcare provider owed a duty to the patient (which arises when the plaintiff enlists care, services, or treatment from the healthcare provider). It must also be proven in court that the healthcare provider breached this duty by failing to provide care expected of a healthcare provider and that this failure was the direct cause of the plaintiff’s injuries.


A plaintiff, through an Oakland medical malpractice attorney, may bring a medical malpractice case against healthcare providers. The employer of such healthcare providers, such as the hospital or clinic, may also be sued under the theory of respondeat superior (meaning, “let the master answer”). This theory, which provides for liability of the healthcare provider’s employer, may be used when the defendant was, at the relevant time, an employee acting within the scope of employment.


The most obvious and easily remedied damages in medical malpractice claims are financial losses and other costs incurred by patients because of their injuries. Other items such as loss of wage, costs of medical and rehabilitative treatment, and other damages may also be claimed under the suit. Obtaining the services of an Oakland injury lawyer ensures that the offended party obtains rightful compensation.

Saturday, October 15, 2011

Medical Malpractice Cases

An incidence of medical malpractice can be a difficult matter to prove. Recent statistics indicate that almost two-thirds of all cases result in victory for the defendant. The attorney is required to prove both negligence on the part of the caregiver, and damage or loss as a result of this negligence. Despite the difficulty this often presents, the prevalence of large malpractice insurance policies demonstrates that doctors and large healthcare providers are not too eager to take any risks.

The most common situation that could result in a medical malpractice case is that of risky procedures or treatments given to a patient during a hospital stay. Hospitals are generally liable for any actions undertaken by any of its employees, obviously including any negligence on the part of a doctor or care provider.

The risks of incurring a malpractice case become even greater when one considers that malpractice is not always based on what a doctor might have done, but also what he or she did not do. For example, take the Polk County Florida case in which the family of a thirty-one year old wife and mother was awarded .75 million due to an undiagnosed, and subsequently fatal heart disease. In this case, the court did not find a direct cause-and-effect relationship in which the doctor in question misdiagnosed, made an error in surgery or otherwise injured the patient. He or she simply failed to make the diagnosis of a heart condition that would result in the woman’s death. After it was determined that that doctor displayed negligence in omitting this diagnosis, that a reasonable person could assume that the proper diagnosis both should have been made, and that this would have avoided the patient’s death, the case was ruled in favor of the plaintiff.

Despite the above example –and the many like it that occur each year in hospitals in Florida and across the country – courts usually find medical malpractice cases in favor of the defendant (the doctor or hospital, etc.). Nevertheless, with damages often reaching into the millions with each finding of medical malpractice, doctors and healthcare providers approach medical malpractice cases with the utmost concern – and a hefty insurance policy.

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Friday, October 7, 2011

Malpractice Suits Go To Trial?

It is a federal and state law that those who have been neglected by a medical professional whether he or she is a doctor, nurse or any other medical staff are subject to taking legal action to file a medical malpractice suit.


  Some compensation that can be recovered includes:


Medical costs, past and future
Lost wages (past and future)
Mental anguish
Other related losses


Time Restrictions for Medical Lawsuits

A person who has been injured because of medical negligence has rights that need to be protected.  This can be done by contacting an attorney right away.  A medical malpractice claim needs to be filed within the statute of limitations.  There is a time limit that each state has requiring a victim to file a claim before the legal deadline.  Failure to file within these deadlines a victim may lose any rights for compensation.


Do You Have a Medical Malpractice Case?

Take your claim to a knowledgeable attorney for evaluation.  They can verify if you have a medical malpractice case.  Attorneys will determine if negligence is the reason for your injury.  Speak with an attorney if you suffered an injury due to the following:


A doctor's mistakes - this can involve surgery, medication, analysis, treatment, labor and delivery, etc.
A nurse's mistakes - this can involve administrating medication, IV insertion, not following doctor's orders, and performing job duties when they are not qualified to do so
Lab errors - tests were misinterpreted


Medical malpractice comes in many forms.  If you suspect your injury is due to neglect of your doctor, it is beneficial for you to speak with a professional attorney today.


Not All Malpractice Suits Go To Trial

The costs to take a case to trial are high and the amount of time spent is drawn out.  Many individuals prefer to settle out of court because of this reason.  If you have any questions about filing a medical malpractice suit, contact an attorney who is skilled in this area.  There are qualified attorneys with many years experience in malpractice cases.


Questions about a Medical Malpractice Suit


If you have any questions about filing a lawsuit in your medical malpractice claim, contact a medical lawyer.  A lawyer will evaluate your case free of charge.  If it is determined medical negligence is the cause, they will advise you of your legal rights.


Thursday, September 29, 2011

Choosing the Best Malpractice Attorney

You might be wondering when you would ever need the services of a New York malpractice attorney. Well, the truth is that unfortunately, medical malpractice can occur in many professions, particularly legal, medical, and architectural work. If you or someone you know has been injured due to the careless, inferior work of a professional, please read on to find out how you can benefit from hiring a malpractice attorney to handle your lawsuit.

There are many intricate details involved in a malpractice case. One of the most difficult parts of a malpractice case is acquiring enough evidence to prove the professional of malpractice. Many malpractice lawyers have been in the business for a while and will have developed many contacts and methods to help them acquire the medical records, surveillance tapes, testimonies, as well as other bits of evidence needed for your case.

When meeting with a candidate for your case, you should ask plenty of questions about his/her background so that you can get a good idea as to the experience and abilities of your New York lawyer.

If your New York malpractice case is a bit personal, it's natural for you to feel a bit nervous sharing the details with a stranger. So, how do you find a lawyer you're comfortable with? Try asking friends, family members, and even co-workers or other acquaintances (whose opinion you trust) if they know of a lawyer they could recommend. You would be surprised how well this works!

Other resources for finding a lawyer include contacting the New York Bar Association. They offer a free referral service in which all of the lawyers they refer have been personally screened and recommended by peers and clients.

You can also try looking online by doing a specific search on Google such as "New York medical malpractice lawyer." If you want a classic approach to research, try looking in the phone book or newspaper.

Once you have rounded up a few lawyers who specialize in the area of law your case falls under and are within decent traveling distance from your home, you can begin interviewing them until you are able to decide which is best for your case. Listen to your gut and go with the lawyer you feel most comfortable with.

Thursday, September 22, 2011



Wednesday, September 21, 2011

Philadelphia Medical Malpractice Attorney

A normal life is easily disturbed by an accident and when the accident is a roadside accident then the wounds even after getting recovered are not actually recovered. A deep image is left on the mind which can never be removed till death. If the accident wasn't a minor one then you cannot come back to your normal life. A strange sort of fear makes a strong base in your heart which keeps on disturbing your normal life activities from time to time. It's the real loss which is not considered by the jury. Similarly there's a big list of such tangible losses which are simply ignored when you claim for the compensation.

A professional lawyer will definitely not ignore such things even these might seem minor ones. So if some serious injury is caused to you by some accident then you must consult some professional lawyer on that field like a car accident can be dealt in its best way by Philadelphia Car Accident Attorney.

Similarly if the accident is some medical malpractice related then Philadelphia Medical Malpractice Attorney can give you the best results i.e. you can get what you deserve for. It won't be just a remedy rather it will be the complete compensation for the loss whether tangible or intangible, happened to you due to that accident.

It's obviously a clear unjust to a person who already suffering and then the hands which were supposed to give him relief, gave him something more to bear. That's nothing but a loss over loss for doing nothing wrong. Wish it may never happen to you but just imagine that you were following each and every rule of law while you were on the road and suddenly a person broke the law and hit you hard.

You get wounded badly though it wasn't your fault at all. Now you will have to bear the pain of wounds which were not in your fate but someone's blunder injected them in your life. Now when you were taken to hospital so you may get some relief or you may come out of the shock, the doctors give you more pain due to his carelessness. How can you bear that… or can you?

Obviously you can't. So you must be compensated completely so you can at least satisfy your mind that you were paid for what you suffered. The ordinary lawyer may not take into account the factor which a professional Personal Injury Lawyer will consider. Such the case will be best handled by some field professionals like Philadelphia Car Accident Attorney and Philadelphia Medical Malpractice Attorney. Just handover your case to such highly professional lawyers and get relaxed as they will definitely fight for your right and you will get the actual remedy. It won't be just compensation but the actual compensation that you deserve in fact. It will be enough to make the other party to realize his mistake and it will be adequate enough to satisfy you as well. But problem is that Gay Chacker & Mittin, P.C can represent you if you are luckily happened in Philadelphia.

Wednesday, September 14, 2011

Valid Claims For Medical Malpractice

Technological advancement in the medical world has brought significant changes in the way medical practitioners diagnose and treat various diseases. The invention of computerized tomography scanner (CT scan) and Magnetic Resonance Imaging (MRI) in the late 20th century enabled doctors to analyze lumps and tissues that abnormally form inside the human body. While, ordinary people do not understand how these machines work; it is the duty of the doctors to understand and interpret results during medical examinations.

Nevertheless, there are instances when doctors fail to give proper diagnosis and treatment to a patients medical condition. For example, studies in the USA found out that about 98,000 patients die each year due to medical errors. Moreover, 47% of doctors recall cases of death resulting from physicians failure to perform correct medical operations. Therefore, a patients life is not dependent on technological advancements, but on the ability of doctors. The failure of doctors to properly address to peoples medical condition is what you call Medical Malpractice.

There are basic requirements before one can claim being a victim of medical malpractice. An ottawa personal injury lawyer says that there must be a doctor-patient relationship that had existed between the person asking for medical assistance and the professional to whom the malpractice is accused. The doctor must have given direct medical treatment to the patient. Pieces of evidence such as prescription letters, receipts, and medical records must be clear and consistent in relation to the claim.

Secondly, a claim is only valid if the medical procedure has been conducted in a negligent manner. According to an ottawa personal injury lawyer, a patient cannot claim to be a victim of medical malpractice solely because of personal satisfaction standards. You must be able to prove that the doctor has not been reasonably skillful and careful in carrying out the medical procedure. Under the same circumstances, another doctor would have not harmed you by putting through the correct way of treating the illness. The doctor must have been negligent in performing the medical operation.

Thirdly, an ottawa personal injury lawyer says that the injury must be caused by the doctors negligence. There are instances when a person with a lung cancer dies in an operation because of the illness itself. You must be able to prove that the death has been caused by the medical errors of the medical professional, not by the patients health problem.

Tuesday, September 6, 2011

What Medical Malpractice Is

Now it is extremely important that you are aware of exactly what medical malpractice and personal injury are if you consider yourself a victim of medical negligence. One would think that medical doctors are working to help their patients. Don’t get me wrong; that is exactly what they are there to do. However, sometimes these medical professionals act in such a way that results in harm to their patient. This could be considered medical malpractice if the doctor’s actions have fallen below a generally accepted standard of medical treatment.

For example, medical malpractice (aka medical negligence)) results if a doctor or other medical professional doesn’t diagnose a condition properly, made mistakes during the patient’s treatment, or prescribed medication carelessly. These cases of negligence usually include individuals like physicians, pharmacists, anesthesiologists, and even entire organizations like medical facilities and hospitals if, say, they fail to properly train their employees or if they failed to keep the medical facilities in a sanitary working condition.

It is important to note that many states have set restrictions on medical negligence cases.

The reasoning behind this is to keep people from making claims that lacked value. In most of these states, it is required that the plaintiffs would need to get a certificate of merit and present it to the court. A certificate of merit is basically a signed document in which another medical expert states (while under oath) that the other medical professional strayed from the generally accepted medical practices while treating the patient.

There are also capped ceilings to the amount that you can recover from the negligent doctor and from your attorney in such malpractice lawsuits.

Also, you must file your lawsuit within two years of the date of medical negligence in most states. A good PA malpractice lawyer can let you know of all the complex laws and issues behind your specific case.

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

Monday, August 29, 2011

Student malpractice insurance is important

Do you think that a student malpractice insurancepolicy is a luxury for your child? If yes, then you need to think over the matter again. There are three main reasons to equip your child with a graduate student medical policywhen he goes abroad for further studies. In fact, it is obligatory to get one prior to sending your child abroad.

The first reason is the fact that most of the foreign universities have now made study abroad health plans a pre-requisite for entry into their campuses. This means that without a valid insurance policy, you cannot get admission to a desired or highly reputed college abroad. You need to get an insurance policy in India prior to heading out to a foreign university.

This will save you a good amount of money because insurance policies when purchased in foreign countries will extract a lot of money. This is due to the basic difference in currency dimensions.

The second reason is that you always want your child to stay healthy and away from potential health hazards. You would also want your child to get the best treatment abroad. However, sometimes you might feel helpless due to the exorbitant rates of health care treatments in foreign countries. This is where you would require getting a graduate student medical policy.These plans are designed in a way to offer you first rate protection during a health emergency abroad.The best part is that you don’t require spending any money to get the treatment. Everything will be taken care of by the study abroad health planscompany.

Third and the last reason is that you want to protect your child from all possible hazards that he might face when in a foreign country with no one to help him out. The student malpractice insurancepolicy will ensure well beingof your child without you having to run around. The policy will cover your child against many common problems such as bail bond assistance on time, third party damage and a lot more. This is really important to keep your child protected and safe always in a foreign nation.

Monday, August 22, 2011

Types Of Medical Malpractice

Nowadays, medical malpractice is often associated with failed cosmetic procedures carried out by professionals on celebrities and popular individuals. Nevertheless, what most people dont know is that these failed cosmetic procedures make up only a small portion of the wide array of errors that doctors accidentally or negligently commit in the medical world.

Medical malpractice occurs when a patient, instead of being cured from an illness, is harmed because of the prescriptions and procedures administered by a medical professional. In the USA, there were about 3,000 doctors who were sanctioned because of medical malpractice. This comprises around 1% of the total number of doctors who were stripped off their medical licenses. Moreover, there are a total of 90,000 patients who die because of negligent medical procedures.

Doctors commit medical malpractice in different cases. Failure of diagnosis refers to a doctors inability to correctly determine a patients medical condition. This can result in a misdiagnosis because of a physicians incompetent interpretation of medical examinations. Under the same circumstance, a competent and skillful doctor would have discovered a disease before it has reached its critical stage. The danger of failure to diagnose is the inability to give proper treatment which could have prevented the worsening of an ailment.

There are instances in which a doctor administers a medical procedure that must not have been given to a patient. This is a type of medical malpractice known as improper treatment. In ottawa personal injury lawyers say that a medical professional can also be sued for improper treatment if he/she has administered a medical procedure in a correct but incompetent way. Frequently, doctors who are involved in this type of malpractice treat illnesses which are not part of their specialized field.

Moreover, medical professionals, in carrying out medical operations, have the duty of informed consent. This means that they must let a patient know about the consequences of certain medical procedures. If a patient experiences physical pain and mental anguish after the operation without his or her prior knowledge in regard to the side effects, a doctor may be liable for failure of warning. According to ottawa personal injury lawyers, this is also a form of medical malpractice.

In ottawa personal injury lawyers highly encourage victims of medical malpractice to act upon unethical conduct of doctors and medical practitioners. Through this, medical professionals will be more careful in dealing with their patients, and in treating their patients medical conditions correctly.

Tuesday, August 16, 2011

Medical Malpractice or Simple Negligence?

A medical malpractice attorney needs to decide if he will accept a possible legal case. The potential lawsuit presented to him for consideration is as follows: A patient sustained a broken limb while hospitalized, through no fault of his own. Is the situation a case of actual medical malpractice, or just a case of simple negligence? The details of the case as well as the medical malpractice attorney's decision are included below. See if you agree with his decision.

A senior age male had been hospitalized and in bed for two days following a moderately serious surgery. All of the patient’s vital signs were recently stable. The patient had just begun to eat semi solid food but had complained of mild transient nausea after eating.

The treating physician had written orders for the patient to be ambulated on the third day. This was considered to be crucial for several reasons: to prevent blood clots in the legs and lungs, to prevent pneumonia, muscle weakness, and bedsores. This type of ambulation is considered to be within the standard of care.

On the third day, nursing staff attempted to assist the patient with standing up to walk, however, the patient stated that he was dizzy and nauseous, so the first attempt was aborted, the MD was notified and a second attempt was rescheduled. Later that day, the staff returned for another attempt at ambulation. The patient denied any dizziness or nausea so the nurse proceeded to assist the patient in waking. The patient subsequently fell and broke his ankle.

The patient and his family filed a lawsuit with a personal injury attorney who specialized in medical malpractice, claiming simple negligence against the nurse.

After reviewing the facts in the case, the medical malpractice attorney decided that this case would fall under the legal category of medical malpractice, not the category of “simple negligence.” The reasons for his classification are as follows:

The patient’s hospital chart documentation was legible, and detailed. It clearly demonstrated that the decision to get the patient up to walk was correct and safe and well within the standard of care. In order for medical negligence to be proven, there would have to be proof showing that the nurse’s actions were negligent and a direct cause of the injury.

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

Note: This article is not intended to provide legal advice upon which you 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, August 7, 2011

Medical Malpractice Attorney - Hospital Malpractice

Hospital malpractice is an epidemic that causes serious injuries in patients every year. When a patient is admitted into a hospital for care, the utmost trust is instilled into the care the patient will receive during their stay. Unfortunately, patients may suffer from errors at the hospital which may necessitate the involvement of a medical malpractice attorney.

Hospital malpractice can occur not only at the hands of a doctor but also at the hands of nurses, technicians and other hospital staff. Statistics show that 33% of all of all medical malpractice lawsuits are attributed to non-surgeons. Negligence in a hospital setting can occur as a result either of an action erroneously performed or in the form of an action of omission. A medical malpractice attorney can help a family to work through the legal issues involved in such cases.

Examples of negligent actions in a hospital can range from a medication error, in that the wrong medication is given or not given in the proper doses, failure to properly monitor a patient's status, errors during surgical procedures, misdiagnosis of a person's illness, infections arising from a non-sterile hospital environment, injuries sustained during the birthing process, unnecessary procedures or procedures performed without a patient's consent, or even death.

The repercussions for a patient suffering from hospital malpractice can be devastating.

A patient may have to deal with increased amounts of pain and suffering, may have to endure additional medical treatment to correct the negligent act, may be subject to disfigurement of some kind or may be dealing with some type of disability as a result. The patient and family must also deal with the financial consequences as well such as the medical bills, lost wages and income, cost of care and even travel expenses if a patient receives care a long distance from family and loved ones.

As is typical with such a traumatic event, a family can be devastated in the wake of being victim to hospital negligence. Some issues that a family may be concerned with are elements needed to prove that negligence occurred, state specific laws governing medical malpractice lawsuits, and also what the statute of limitations are to bring such an action before a Court. These are just a few of the issues that an experienced medical malpractice attorney can help a family navigate when dealing with the pain and trauma of being a victim of hospital negligence.


Friday, July 29, 2011

Tuesday, July 19, 2011

Medical Malpractice and Tort Reform

Political debates, television news, and radio sound bites regarding healthcare and medical malpractice reform commonly use the phrase “tort reform”, but seldom provide any in-depth information about what tort reform is or what it entails.

The simple definition of the word “tort” is injury or wrongful act. To be more specific, a tort has been committed when physical, emotional, or financial injury has been caused against another party, regardless of the act being intentional or unintentional. When a tort is committed against a medical patient, the injured party has the legal right to hire a medical malpractice attorney to bring suit against the perpetrator for damages.

Medical malpractice, and medical negligence are just two broad category examples of torts.

Tort reform measures were enacted in California in the 1970s due to a jump in the cost of medical malpractice insurance. Caps were placed on victim's compensation, and limits on the contingency fees of personal injury attorneys were also instituted.

Tort reform refers to the idea that laws should be passed by a state or federal government to limit the amount and/or type of awards that are given to an injured party. The innocuous sounding phrase of “reform” actually amounts to decreasing the rights a person has to seek fair compensation for a civil wrong. Applying a statute of limitations on the amount of time that one has to file a medial malpractice claim is the most commonly known example of tort reform.

Another example is dollar amount limits that have been put in place to limit the amount of damage awards.

So-called “reform” places limits on the amount of responsibility that the negligent or wrongdoer must legally bear. And who are the strongest supporters of tort reform? Large companies and insurance corporations.

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

Note: This article is not intended to provide legal advice upon which you 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.

Monday, July 11, 2011

About Malpractice and Claiming

Malpractice is the act of a medical professional, lawyer, or other influential professional who does not follow standard procedures and causes harm, injury or death to a client. Particularly in medical practices, by neglecting to follow generally accepted guidelines, a physician or other medical practitioner may inflict grave bodily harm on an individual. Harm may also come in the form of mental duress. When you've suffered damages at the hand of a local physician or medical center, contact a Phoenix malpractice attorney to gain control of the situation.

We tend to put a tremendous amount of trust into our family doctors, their nurses, and other clinical or hospital staff who are responsible for running a medical center. However, they, too are only human and experience the occasional mistake. But whether the "mistake" was genuinely unintentional or a mere result of carelessness, the result means harming a patient-and they are liable either way.

It is very unnerving to realize that a mishap could occur while you're in surgery both unaware of the situation and unable to do anything about it.

Not only have people suffered serious bodily injury through the fault of a medical professional, but some have also experienced serious mental or emotional damage that require months and sometimes even years to rectify. The costs for counseling and other psychiatric treatment could really add up fast, but the pursuit of filing a malpractice claim can help you gain compensation that will not only cover past medical bills and treatments, but the costs of future ones as well. Be sure to talk to a Phoenix medical malpractice lawyer to determine if your claim for past or future treatments are justifiable reasons for filing a malpractice lawsuit.

It is important when you search for a Phoenix lawyer that you find one who not only specializes in the type of malpractice you're trying to claim for, but one who you feel comfortable with.

You want to be able to share every nuance of your situation with the lawyer so that they can offer you the best help available.

Monday, July 4, 2011

Medical Malpractice Lawyers

What exactly is medical malpractice? Medical malpractice is defined as the negligence by a health care provider, resulting to injury, or even death of a patient. Its important for you to hire the services of a reputable medical malpractice attorney in case you or your loved one was injured or put at risk by a doctors negligence.

Recent studies indicate that there were around 195,000 hospital deaths from 2000 to 2002 due to negligence and medical errors. Other studies show that only 1 out of 10,000 patients would have lived for 3 months or more if proper care had been provided. The statistics are shocking, and the number of people injured by medical malpractice is quite hard to fathom.

Each medical malpractice case varies a great deal from one another. If a patient was under the care of a doctor or a hospital, and something wrong puts the patient at risk, a case of medical malpractice can be considered in this scenario. A patient may have undergone unnecessary surgery, incorrect medication, or a slew of other things that may have gone wrong when a patient was under the hospitals care.

This is when a good Oakland medical malpractice lawyer comes in. The lawyer investigates the different elements and details of the case. They know what information must be gathered and what must be proved. Once this has been established, they determine if there is medical malpractice case on your hands and if its a good idea to pursue it.

You can hire an Oakland motorcycle accident attorney to take on medical malpractice cases, but it would be better to get someone more specialized. Nevertheless, its always important to be able to trust and feel comfortable with any lawyer you choose. Make sure they have a good track record and years of experience under their belt. This way, youll feel more confident when talking about your case with them.

A good Oakland medical malpractice lawyer also knows how to present your case, being familiar all the laws governing the medical field. Unlike representing yourself, most of these malpractice cases can be settled out of court quickly and easily. If you or your loved one was put at risk by malpractice, call a medical malpractice lawyer right away.

Monday, June 27, 2011

Medical Malpractice and Prescription Malpractice

The scope of prescription malpractice can encompass more than one area of personal injury law. One type of case where a prescription malpractice lawsuit may occur is the unfortunately all-too-common incident where an incorrect medication is administered to a patient resulting in irreversible injury or wrongful death. The reasons this error happens include the fact that many medications have names that sound very similar, and that labels on mediation bottles are not large or clear enough to be easily read.

A variant of this scenario happens when the correct medication is given, however, it was dispensed in an unsafe dosage, via the wrong route in, or on the body, or in an unsafe frequency. In all of these situations, professional medical personnel such as the nurse, nurse practitioner, and/or the attending physician, physician assistant, and/or the medical facility, and the pharmacy would be the parties involved in a resulting medical malpractice lawsuit filed by a medical malpractice attorney.

On a much larger scale, a medical malpractice attorney (also called a “prescription malpractice attorney”) deals directly with the Pharmaceutical manufacturers and the Federal Drug Administration (FDA) in another type of prescription malpractice legal action.

This article will focus more on this second type. In this sort of case, a patient is harmed or killed by a drug despite the fact that the drug was approved by the FDA after their declared review of data gleaned from thousands of patients involved in hundreds of national and international clinical trials.

Unfortunately, the data that the FDA reviews for approval can be incomplete at best and purposefully manipulated with dangerous data omitted at worst. One of the most egregious examples of this is with the anti-inflammatory drug Vioxx which was permanently recalled due to it’s putting users at risk for heart attack. A whistle blower for the Pharmaceutical Giant who manufactured the drug later reveled that data about the heart attacks had been know long before the drugs approval and had been hidden from the FDA.

Many hundreds of patients are victims of errors from prescription medication mistakes and from dangerous prescription drugs. Protect yourself and your loved ones by being proactive: When a nurse brings medication, don’t just take it without asking what it is, and what it is for. Always speak to a pharmacist when picking up a new prescription. Ask about interactions with other medications, don’t take it for granted that the computer has checked for and caught all possible contraindications. Know what the possible serious side effects are for a new drug, and be aware of your body after taking your first dose. Above all else, trust your gut instincts, if you feel like something is wrong, don’t ignore it; contact your health care provider right away.

In the event of serious injury or death as a result of the negligence of a health care professional, be certain to locate an experienced medical malpractice attorney who specializes in prescription malpractice to represent you.

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

Note: This article is not intended to provide legal advice upon which you 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 18, 2011

Responding to Medical Malpractice

Every year, the number of people in the United States that die from medical malpractice increases. According to the Journal of the American Medical Association, malpractice deaths are now the third leading cause of death in the nation. Patients may not even be aware of when malpractice has occurred, as doctors tend to cover up errors and medical negligence by telling patients they have encountered "complications." In truth, inadequate treatment, misdiagnosis, and other medical errors occur all too often, leading to serious and life-threatening consequences for patients.

Sometimes, a patient might suspect a medical professional of negligence or malpractice, but find themselves at a dead end because they cannot necessarily prove the connection. Because of how complex and scientific medical care is, cases must be approached by experienced attorneys who understand the types of medical errors that can occur, and exactly how they lead to illness or injury.

An experienced medical malpractice attorney has the resources to thoroughly investigate each claim, gathering the evidence and testimonies necessary to build an airtight case.

Types of Medical Malpractice

Medical malpractice is a broad term, encompassing many different levels and types of medical error or negligence.

Some of the more common examples of malpractice include:

Prescription errors
Surgical errors
Birth injuries
Late diagnosis or failure to diagnose

It's important to remember that there is inherent risk in any medical procedure or treatment.

Just because a surgery goes wrong does not necessarily mean a physician made an error or is guilty of medical negligence. Treatments are never guaranteed, and adverse reactions can occur even when every possible precaution has been taken.

Statute of Limitations for Medical Malpractice Claims

If you suspect a medical professional of malpractice or negligence, you have a limited timeframe – called a Statute of Limitations – during which you can file a claim. Failure to file paperwork with the courts within the timeframe prescribed by the Statute will prevent you from pursuing a lawsuit, no matter how strong your case is.

The period of time you have to file a lawsuit varies from state to state. In New York, a patient is generally allowed two-and-a-half years from the date of the negligent incident, or from the last day of treatment, to file a case. However, if the medical malpractice took place at a municipal hospital or county hospital, a claim must be filed within 90 days and a lawsuit must be started within a year and 90 days.

Because of these time limits, you should consult with an experienced medical malpractice attorney as soon as you suspect you may have a case. The earlier you begin your investigation, the more time your attorney will have to identify witnesses and gather relevant evidence, building the strongest case they can to present in court.

For more information on medical malpractice in NY, or to schedule a free consultation, please visit the website of Silberstein, Awad & Miklos, PC.


Friday, June 10, 2011

Fort Lauderdale Medical Malpractice Lawyer

Medical professionals are no god. They are humans and are susceptible to making errors. However, this cant justify some of the negligent acts and misdiagnosis committed by medical professionals. Several foreign nationals come to the USA for treatments. This is because the medical sector has moved forward with great strides in treating patients with complex medical conditions.

On several occasions injuries that have occurred at the operation table heals and pose no permanent threat to the patient. However, some injuries are severe enough to leave permanent damage to the body. As a result these injuries require legal action to bring the offenders to justice.

The presence of medical malpractice lawsuits have resulted in liability insurance from this type of injuries. As a result it is evident that you will be negotiating with the Insurance Company. There are sub-categorization of liability insurance in this sector too, they are:

1) Claims made coverage insurance - this remains applicable as long as the policy is active and requires lower premiums;
2) Prior acts and tails coverage insurance - this insurance covers the gap created when the incident occurred when the claims made coverage insurance was in force. However, the lawsuit is filed when the aforesaid insurance has become ineffective.
3) Occurrence coverage - this type of insurance remains effective even after its active period has elapsed. As a result act and tail coverage isnt required for this.

Insurance companies will try every measure to reduce the compensation amount that you have claimed. This is where a medical malpractice lawyer will come in handy. There are several types of cases:

1) Misdiagnosis and delayed diagnosis
2) Medication errors
3) Surgical errors
4) Medical procedure related errors

There are several others as the list goes on and on. The medical facility where the patient or the victim was admitted is also liable to pay compensation. This is due to the corporate responsibility of the medical facility.

Medical facilities get entangled in complex lawsuits where the attending physician or surgeon was visiting professional. In order to curb this type of negative impact a medical facility should maintain high standards for visiting professionals.

A medical facility can also engage a third party organization. In order to review the data so that statistical trends relating to areas of medical malpractice can be revealed. Increased lawsuits of this type will force professionals to move to states where insurance premium is low and lawsuits are low in frequency.

Fort Lauderdale is no exception to the curse of medical malpractice. However, the residents of this place are blessed with good and experienced Fort Lauderdale medical malpractice lawyer.

Avail the comprehensive Florida Lawyer Directory to find reputed lawyers and legal services. Law firms can register with us and reach out to numerous prospective clients.

Wednesday, June 1, 2011

Legal Medical Malpractice Issues

Medical Malpractice is a serious issue. Every day people get improper treatment resulting in numerous negative outcomes. The medical society has sworn an oath to provide the best medical care to their patients. Unfortunately, we all are human and mistakes are made. This is a seriously concerning issue due to the fact that we trust our lives to individuals that may be either not properly trained, inexperienced, neglectful, overly exhausted or just plain unfit to perform medical practices.

Now it is the nature of the beast, in the medical profession, to undergo long hours without rest. This may be looked at as an error in society because no one can predict always when an injury or emergency will happen. What happens when a doctor creates a much more serious issue to an already existing problem? This term could be considered medical malpractice.

Now, in regards to those that protect us every day and help keep us healthy, many complications that result from medical treatment are not medical malpractice, they are simply complications. The human being is a biological product and like anything biological we have tendencies to reject certain treatments that we may undergo. Doctors and Medical Professionals help us daily overcome numerous illnesses and medical emergencies. These good Samaritans give their heart and soul to their work. We should hope they do so!

The problem lies when someone falls victim to an incident that could have easily been prevented with a little more attention to detail. The patient can be left with much less than he or she was willing to gamble. Its horrible to think about, but it is a truth in our society that gets dealt with on a daily basis. When someone falls victim to such acts such as medical neglect, it may be in their best interest to seek legal action.

If legal action is found necessary. It may mean compensation for the injured and neglected. Sometimes it gets no where close to filling the void that may have been left from the incident, however it does spread awareness. In order to help prevent legal matters to take place it is important to do your homework. When doing research on a physician or doctor it is extremely important to look at their credentials. Then you are not working on blind faith alone.

When taking legal action, it is important to take down every little bit of detail possible. Record every date, every happening, and every little thing you can think about relating to the incident at hand. Its important to take names, addresses, phone numbers, dates and numerous specific details about everything that took place. Understanding your options and knowing your situation inside and out is the number one key to success if legal action is necessary. It is quite an unfortunate even, when something such as medical malpractice occurs, but it does happen and one should realize the risks before hand.

Thursday, May 26, 2011

True Facts About Medical Malpractice

Medical malpractice has become a common phenomenon in the present day scenario. Also known as medical negligence, medical malpractice simply refers to the failure of a medical professional to meet set medical standards.


A recent study published in the journal of American Medical Association reveals that an approximate number of 2,25,000 deaths in the US alone are caused due to medical malpractice every year. This makes medical malpractice the third largest cause of death in the United States.


Cases of medical malpractice can be registered against any kind of health care provider. It could be against a doctor, hospital, nurse, HMO or any other individual who has been licensed to provide health care services.

Pursuing a case of medical malpractice against a hospital employee is slightly more complicated than filing a suit against a private practitioner. So, if you are filing a case against a hospital employee, it is suggested that you seek the services of an experienced malpractice attorney in Philadelphia.


Amidst various health care practitioners, it is HMOs also known as Health Maintenance Organizations that tend to be most commonly blamed for medical malpractice. The reason for the same is that these organizations compromise on the quality of medical care in order to minimize the expenses. However, winning a lawsuit against a HMO is a difficult task. But, malpractice lawyers in Philadelphia can be of great aid here too.

With their expertise in the field, they can help you pursue lawsuits against HMOs successfully.


Many a times, a single health care practitioner may be alleged for numerous medical malpractice cases. In such a case, issuing a class action suit would be the best thing to do. A class action suit involves multiple plaintiffs filing a lawsuit against the same party. If the plaintiffs win the case and a suitable compensation is granted by the court, the compensation is distributed amidst numerous plaintiffs. However, this is done after all the court costs have been gratified.


To many, filing a classic suit may seem as an easy thing to do. Since there are numerous plaintiffs alleging negligence on a health care practitioner, plaintiffs seem to have an edge. This is true to some extent but does not really imply that filing a classic suit is easy. Since they are so many plaintiffs involved, it can be a little difficult to file the suit so that everyone gets just compensation. This calls for the need of an experienced medical malpractice attorney in Philadelphia. Thankfully enough, you have numerous malpractice lawyers in Philadelphia who can help you with the same.


While medical malpractice has become common place these days, laws governing the same are still very complicated. In fact, there are numerous branches of medical malpractice, which can be extremely difficult for an average person to understand. Thus, cases of medical malpractice require malpractice attorneys who have experience as well as expertise in the field.


Now that you know the true facts about medical malpractice, you should be able to deal with it much better in case you are met with the same in future.


Wednesday, May 18, 2011

Tips For Purchasing Doctors Malpractice Insurance

If you are a doctor or other related medical professional, you probably understand that there is a certain level of risk you undertake in your career. Although you work very hard to take care of your patients and have a stellar record with the medical board, that doesn't mean there isn't a chance that a mistake could happen. That's why it is important to protect your career with medical malpractice insurance.

When it comes to buying medical malpractice insurance, it's vital that you have a sufficient amount of liability coverage in addition to having the right type of coverage.  Although the hospital you work for may have its own insurance, you may want to consider purchasing your own separate insurance to ensure that you are personally protected.

Below is a guideline with tips to help make the process of purchasing malpractice insurance much easier.

1.  The first thing you'll want to do when buying malpractice insurance is to find an insurance agent or broker who understands your specific needs and has experience with medical malpractice insurance.

2.  Make sure you feel comfortable dealing and communicating with an insurance broker.  Remember that you will be giving them your private information, so you want someone who is very trustworthy and makes client service a priority.

3.  The insurance provider you get should have a stable background and have a history of paying out claims.

4.  If a broker recommends a particular type of coverage, make sure to study the policy.  Read the fine print and ask questions if are not clear about what is or what is not covered.  There are many types of insurance coverage, so it is important that you know what you're getting into.

5.  Don't buy a policy just because it's cheap.

Keep in mind that you get what you pay for.  It's possible that you could be settling for insufficient coverage or inferior service.  

Shopping for malpractice insurance is easier with a broker who is experienced and stays updated with the industry.  If you follow this simple guideline, you should have no problem getting the insurance coverage you need for your situation.

Thursday, May 12, 2011

Psychiatric Malpractice

Getting up the courage to seek psychiatric help is no easy task. Millions of Americans battle with some sort of mental illness whether it is temporary or long-term. Psychiatric medicine has proven to be helpful to many of those who suffer with a variety of psychoses, neuroses, behavioral disorders, anxiety, or depression. When you go to a psychiatrist, you hope to feel better. You assume the care and treatment you are provided is adequate or, better yet, above average. Sadly, however, not all people who seek out psychiatric help have positive experiences. While you may have heard of medical malpractice such as surgical errors, prescribing the wrong medication, or failing to diagnose cancer accurately, you may not be familiar with a kind of medical malpractice known as "psychiatric malpractice."

A medical malpractice attorney who handles psychiatric malpractice cases may represent clients who have experienced the following:

Psychiatrist abuses his or her power or knowledge
Information about the patient is shared without his or her consent
Patient is threatened
Patient is not properly diagnosed and/or treated
Incorrect medication is prescribed
Medication side effects are not dealt with
Patient is sexually abused either while under hypnosis or through seduction by the psychiatrist

Putting your personal issues "out there" makes one very vulnerable.

To have the very person you trust your life's secrets to hurt you can be infuriating and very damaging to one's psyche. Some acts of psychiatric malpractice may be egregious such as prescribing a medication that the patient is allergic to or has violent adverse effects to. Other forms of psychiatric malpractice will be more subtle such as a slow, steady seduction of the patient during sessions. Regardless of the egregiousness of the act of malpractice, you must report the malpractice to a higher authority and contact an experienced medical malpractice attorney in your area immediately.

By reporting the unprofessional conduct, you may just save the lives and minds of many others who are also being victimized by the psychiatrist who hurt you. Personal injury does not have to be obvious such as an open head trauma; personal injury can be less apparent such as damage done to one's mind. A skillful medical malpractice attorney will have the knowledge and resources to prove that damage was done to the victim and that the psychiatrist is responsible for that damage.

Unfortunately, many cases of psychiatric malpractice go unreported because the victim feels people may consider him or her paranoid. In many cases, victims are already emotionally unstable, and they fear accusing their doctor of medical malpractice will only cause them further problems. Every medical professional takes an oath to do no harm to their patients, including mental health professionals.

Thursday, May 5, 2011

Maryland Malpractice Insurance Policies

Every state in the US has its own insurance laws. Maryland, in particular, requires each insurance company that they license to carry malpractice insurance in order to protect the welfare of the citizens. The average person will associate malpractice insurance with doctors and the medical field and only with that. However, this is simply not the case. Any company or individual that is licensed as a business can be sued for malpractice. Every once in a while, we all make mistakes, and malpractice insurance ensures that we are protected from them. Consumers, especially, are protected from financial or physical harm from inappropriate services or care.For example, let us examine a married couple under the age of forty. In seeking out a health insurance policy, a responsible agent will offer the option of maternity coverage. The pair may or may not choose to pay for this maternity coverage, but it would be seen as malpractice if the insurance agent did not address the matter.

If the salesman had sold them a policy without mentioning the lack of maternity benefits, the couple could have a baby later on, assuming that their child would be covered. The company and agent could be sued for malpractice because they did not inform the couple of future enrollments in their policy, because of the age of the couple. Therefore, all insurance companies in Maryland must be licensed with malpractice insurance themselves.

Homeowner's insurance would be another key example. If a company sells an insurance policy to someone who lives in a known legal flood zone, but does not include flood insurance on the policy, bad things could happen. Unless the agent discussed and addressed the flood zone with the homeowner, and the homeowner declined to buy the coverage, the company can be taken to court for malpractice.

However, if the company has proof that the homeowner declined (a signature, a witness), then they are safe from malpractice. A responsible company would not issue an insurance policy to a homeowner who lived in such an area without covering them for flood damages. In the case of getting a mortgage, the issuing company would require the homeowner to produce the flood insurance before carrying out the approval of the mortgage.

No matter what type of insurance company it is, the state of Maryland requires that they have malpractice coverage. This will pay for any and all lawsuits the company is charged with for malpractice. Because these rulings often deal with large sums of money, the state can not allow the company to provide insurance for itself.

Although there is much more that comes into play in the  practical application of the law, the principles remain the same. Each case has many aspects that come into play. Many lawsuits boil down to a case of "he said, she said," and can become quite hairy. Because insurance companies have to carry malpractice insurance, the price of insurance in general skyrockets, but it ends in general protection for the greater good.

Wednesday, April 27, 2011

Medical Malpractice & Dangerous Medical Products

Lately it seems that prescription medications that were previously hyped up to be the latest and greatest "miracle" treatment are being recalled left and right. It is always after people have already taken the medications and have been significantly (negatively) affected by them! Is it too much to ask to NOT have major side effects from treating a common condition? This has been happening more in recent years and is the sole reason there is such a demand for a Denver medical malpractice lawyer. The need for this type of attorney representation is skyrocketing due to the large amount of innocent people affected by the malpractice of pharmaceutical giants.

It takes a confident and skilled Denver malpractice lawyer to successfully stand up to pharmaceutical companies. Unfortunately, pharmaceutical companies only seem to have the desire to protect their profits (never people) and that is why they staff their own malpractice attorneys who are exceptional at finding loopholes in the law to avoid taking responsibility for the mass number of careless medication recalls that affect so many innocent people.

You need Denver medical malpractice attorneys who can counter their attempts at finding loopholes and get you the compensation you deserve for being subjected to the dangerous drug that you were previously assured was safe. Don't let yourself get taken advantage of by a pharmaceutical company. Seek the representation that will help you through this difficult time.

Find a firm of Denver medical malpractice lawyers who will fight for your rights and be by your side every step of the way as you battle it out head to head with a large pharmaceutical company. It is best to seek out a firm that is highly experienced with medical malpractice cases in particular and not just personal injury law in general. This type of case calls for special skills and perseverance on the part of your Denver medical malpractice lawyer. Someone with a decade or more of experience is your best bet in winning your case.

When you are the victim of a recalled medication or medical device and need quality representation by a Denver medical malpractice lawyer, interview a few candidates at look at their track record. Look for Denver medical malpractice attorneys that understand how sneaky pharmaceutical companies are and can guide you through the case. Those who are confident in their ability to represent your medical malpractice case will gladly work based on contingency because they already have the needed skills to win on your behalf. These are the best Denver medical malpractice lawyers to consider during your search.

Monday, April 18, 2011

Understanding Medical Malpractice Cases

Physicians and surgeons are vital to the functioning of a country's people and health care system. They are the link that holds public health together.

However, due to the increase of surgeries and illnesses, there are a greater number of patients who claim that they have been treated with negligence. Anyone that is a practicing physician is required to have some form of professional liability insurance to guard against these claims.

These offset most of the risks and costs of lawsuits that are filed against professionals. Medical malpractice is a very interesting type of case.

It is always the mission of an honorable medical professional to take care of their patients and help them to become healthy once again. However, there are often accidents or situations that elicit a case.

Wrongfully diagnosing a patient can lead to medical malpractice lawsuits. For instance, if a doctor diagnoses a patient as having an illness that is less serious than one that they really have and they do not receive adequate treatment for a cure, it could mean trouble for the physician.

The opposite is also true; if a patient is treated for a disease that they do not have, and they receive damaging surgeries and medication, the doctor is liable. These cases are unfortunate and happen more often than they should.

They are especially traumatic if the individual experiences damage, disability, financial loss, unemployment, or death. Many common complaints have a likelihood of turning into malpractice cases.

Some of these include chest pain, abdominal pain, breast lumps, coughing, and bleeding. All of the symptoms are basic ones that lead to more serious illnesses, like breast cancer, appendicitis, or a heart attack.

When a doctor is involved in this type of situation, it is necessary that they find help from an attorney immediately. They will be able to direct them in the process and help them to make use of their liability insurance.

It is best to find a lawyer that specializes in medical malpractice, because they will be most adequate in deciding what must be done to win the case and clear the individual's name. Those that find themselves in need of a personal injury lawyer should research online or ask friends and family for recommendations.

Individuals that have received new symptoms after a treatment are usually not able to file a lawsuit such as this, because it could be related to a number of different things. Usually, the underlying medical condition must be the cause of the specific symptom that has been noticed and recorded.

Chronic symptoms of a sickness can also be grounds for a case, especially if they are damaging or disabling. The negligence of a professional could have caused them.

Post-surgical pain would be considered a chronic pain. If it was newly developed after receiving surgery and the patient had never experienced it before, they may be able to receive compensation.

This is especially true if there is proof that the procedure caused the pain and if the problems that they are currently experiencing are worse than what they were being treated for before. If the symptom prevents you from being able to hold an occupation and earn an income, there is a possible that you will be able to receive a monetary allowance or retribution.

Chronic pain, back pain, and overpowering fatigue are all issues that can be brought on after a surgery; if these issues do not heal or stop within a certain amount of time, then you may find it difficult to go on with your regular routine. This may warrant a malpractice case, so get in touch with a lawyer and ask about the type of compensation you could possible receive.

Situations like these are never easy or come without consequences. Even if you file a lawsuit and receive payments back, you will still have to pay the professional that assisted you and take care of fees that you may have incurred.

Medical malpractice is one type of suit that should not be taken lightly; if you are not experiencing any damaging issues or pain, but simply feel that the doctor that treated you could have made a mistake, see that person individually or get a second opinion from another professional. You can learn more about these types of situations by researching online or consulting with an attorney that specializes in them.

Tuesday, April 12, 2011

Prescription Malpractice and Medication Errors

In the coming year, it is estimated that at least half a million patients in the United States alone will be harmed in some way by a medical prescription error committed by their pharmacist, physician, or hospital and nursing home staff.

While these errors are often referred to as “prescription malpractice”, they fall under the laws of medical malpractice, with lawsuits being brought against the perpetrators by personal injury attorneys who specialize in handling prescription malpractice cases. These personal injury attorneys are referred to many different ways including “medical malpractice attorneys” or even “prescription malpractice attorneys”.

Just some of the injuries resulting from prescription malpractice can include: severe allergic reactions, a worsening course of illness, organ impairment or failure, emotional and mental impairment, and sudden death.

Sadly, many of these tragic outcomes are avoidable when strict written polices and protocols are in place, and staff consistently adheres to those standards.

Healthcare professionals can prevent medication errors and prescription malpractice by following what is known as the “Five Rights” each and every time medication is administered to a patient. With the five rights, the healthcare professional must check to see if the following five things are right. Is it…

The right medication?

Many medications have very similar sounding and similarly spelled names.

In addition, the print on very small vials of medication may be difficult to read.

The right patient?

The patient should be asked to identify their name and date of birth. The patient’s wristband should be checked as well.

The right dose?

An incorrect dosage of certain drugs which is increased by even the smallest amount can be deadly.

The right time?

Some medications must be given at exact intervals to be successful in treating an illness. Medications given off schedule could affect the results of diagnostic tests, leading to misdiagnosis and mistreatment.

The right route?

The staff member must be sure to give the medication in the proper manner so that it is delivered into the body in the most efficacious way for that particular patient, and their individual health history and illness.

Ideally, all five of these rights should be checked twice by the first staff member, and a third time by another qualified staff member in addition to the person actually administering the medication.

If you have suffered as a victim of a prescription medication error caused by a healthcare provider’s negligence or recklessness, you have the legal right to contact a medical malpractice attorney in order to file a prescription malpractice claim. Parties who could be held liable include not only nurses and physicians, but also facilities and drug companies.

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.

Monday, April 4, 2011

Malpractice in Lawyers

Lawyers practice a fine art. They are tasked with maintaining stability, delivering justice, and correcting the wrongs of the society. These men and women either protect or prosecute an individual. This could be as small as divorce to big landmark cases like the prosecution of a certain Judge for drug trafficking. But what happens when lawyers commit a mistake?

Legal malpractice in lawyers is uncommon. It could be basically described as a lawyer that is not competent enough to represent a person or organization in court thus resulting in the loss of the case.

This type of malpractice could either be intentional or accidental. An example of an intentional malpractice is the violation of the client and lawyer confidentiality agreement. Since sensitive information is passed between both parties, this arrangement is highly observed. Violation of this pact could result in the lawyer losing his license or imprisonment.

Legal malpractice can only be explained when the acting lawyer did not fully prepare for the case, did not act diligently and acted without competence thus resulting to the loss of something tangible.

Usually this amounts to cash and property.

Since not everybody can afford a lawyer, if a lawsuit is filled against a certain individual, that person can opt for a court appointed lawyer for defense. The appointed lawyer for the defendant could be well versed in the language of the court room or a fresh graduate from the local college of law. If legal malpractice is observed by the defendant, he or she may file a lawsuit against his/her lawyer. This should be made within the allotted time frame or "statute of limitations" established by state law.

It is very difficult to prove legal malpractice. Because as long as the lawyer did his best and prepared the case as best as he could, even if he miscalculated and lost the case, it simply means he made a mistake. It is not grounds accusing the lawyer of legal malpractice.

Saturday, March 26, 2011

Saturday, March 19, 2011

Medical Malpractice Prevention

It is difficult to estimate exactly the number of people who are victims of medication errors in the US each year. But it is no doubt that this number is very high and steadily increasing. Medication errors are the cause behind a medical malpractice case or a wrongful death action. There are several reasons leading to medication errors, inluding improper order communications, improper product labeling or instructions, compounding, dependency, prescribing among others.


In a study performed by the FDA involving fatal medication errors from 1993 to 1998, the most common error was related to the administration of an improper dosage of medicine which accounted for 41% of all fatal medication negligence. The administration of the wrong drugs and using the wrong means of administration each accounted for another 16% of the fatalities. 


Almost one half of the cases involving  medically negligent situations occur in people over the age of 60. The reasoning behind the higher percentage of 60 and over deaths is due to the multiple medications that are often taken by this demographic.  When you are prescribed a medication, have all issues and information described to you: the name of the drug; any generic equivalents; the dosage; what it is used for; any side effects; literature you can review; and what are the potential adverse reactions with the dosage you are currently taking. Make sure you understand, how and when to take the medication, the dosage, storage requirements and any special instructions.


By becoming actively involved in your health care you can help to minimize the incidents of medical malpractice and you can help to avoid becoming a victim of medical negligence.


Friday, March 11, 2011

Chicago Medical Malpractice Lawyer Says Medical Malpractice Is Preventable

A Chicago malpractice lawyer has brought to light the essence of a National Practitioner Data Bank report that points to a stark reality: most doctors who have been meted clinical privilege actions had no punishment from their State Medical Boards. The report casts a light into the fact that most of these erring or incautious medical professionals may still continue to practice their professions despite their spurious records.

This may have the effect of sending a message to the general public that medical malpractice is "Ok" if the State Medical Boards fail to sanction the physician. A striking conclusion that could be derived from this is the possibility that some of these physicians could merely move their practices elsewhere and continue to place patients at risk.

Ramifications of the Study

The implications are very astounding and not to mention scary given the range of offenses that these physicians face.

Considering that some of these doctors have been sanctioned for leaving a medical tool inside the body of a patient, the inaction of the corresponding State Medical Boards is simply flabbergasting.

A clear message should be sent to these doctors and unfortunately, it would have to be sent by a Chicago medical malpractice lawyer or Chicago Birth Injury Lawyer via a lawsuit.

Although the emotional and financial toll of a lawsuit may be too heavy on all the parties involved, with the inaction of the State Medical Boards, punitive action should be undertaken by the affected parties to at the very least ensure that these doctors will no longer victimize other people.

Birth related injuries could best be handled by a Chicago birth injury lawyerwho would also send a clear message to all those who are in the profession that: "you can get sued and your license revoked if you're not careful with our bodies."

A Call to Action

Whether the unfortunate medical event that transpired is one that is deliberate or a mistake, physicians and other health professionals are not above the law. Consulting a Chicago birth injury lawyer to have a solid grasp of your options would not only benefit you as the victim, but also the greater good.

First, it would increase the awareness of people regarding the fact that they have a choice. Next, it would coerce those who are in the medical profession to give better importance to procedures and safety precautions. Finally, it would take those who have been found liable out of the profession so that they would not be able to harm anybody else.

You may have lost a loved one, or have experienced grave injuries because of an incorrect procedure done on you, but this doesn't mean that you can no longer enjoy life. The choice is yours.