Thursday, January 27, 2011

Medical Malpractice Lawyers (include This Area: Baltimore)

How to Find Medical Malpractice Lawyers in Baltimore?

Are you looking for good medical malpractice lawyers Baltimore? Finding a skilled and proficient medical malpractice lawyer is indeed a difficult task. Perseverance holds the key while looking for good malpractice lawyers in Baltimore. Given are some tips that will come in handy while finding good lawyers:

Colleagues and Friends

You can begin by asking friends and colleagues who have opted for the services of a medical malpractice lawyer. Some of the intricate details that can be found out by friends and family members are as follows:

* Is the lawyer sympathetic

* Does he understand your situation and problem completely?

* What are the overall fees inclusive of the hidden costs?

* Will the lawyer still charge even if you lose the case?

It is recommended that you clarify these doubts before arriving at a decision.

Medical Centers

Medical centers have a database of well-known medical malpractice lawyers.

You can thus get the contact details of attorneys from this particular source. It is better that you note down the contact details of lawyers or legal firms situated in your area. This will save your time. Similarly, you can also ask the hospital staff if they know any medical malpractice attorneys.

Other Lawyers

You can also get referrals from lawyers whom you know personally. Reputed lawyers have a good standing among their colleagues. Therefore, it is ok even if you get referrals from divorce or car accident attorneys. Get the contact details and arrange a personal meeting with the lawyer.

Online Reviews

Browse through the online reviews on medical malpractice attorneys.

Avoid choosing an attorney if you come across too many negative reviews. In addition, you should check the online forums as well. Consider these tips and find good malpractice attorneys accordingly.

Thursday, January 20, 2011

Medical or Surgical Malpractices

Serious mistakes of leaving medical equipment like sponges, needles or surgical instruments inside a patient's body is not rare now. According to the Agency for Healthcare Research and Quality, 1 out of 7,000 surgeries saw a surgical or medical malpractice case. So what are the causes and symptoms of those medical or medical malpractices?


Instruments are counted by nurses before an operation commences and after the operation has been performed prior to closure of the incision. However, the AHRQ notes staff fatigue, changing teams and interruptions can prevent an accurate count.


The AHRQ calculated there is a 1.6 percent chance of an instrument being left in a patient. This estimation was based on the low number of reported cases where an instrument was left in the patient versus the odds increasing 113-fold that a foreign object was retained in the patient when the final account was contradictory.


The AHRQ goes on to say that physicians must make a choice whether it is beneficial to delay closure of the operation site, increasing the patient's risk of infection, or conduct further tests or searches for the missing object based on the 1.6 percent chance it is in the patient's body.

It notes that doing additional searches increases the costs of surgery.

Surgery involves use of multiple instruments and supplies. A partial list of items which might be left in a patient's body are:

· Sponges
· Needles
· Clamps
· Forceps
· Retractors
· Distractors
· Dilators
· Scopes and probes
· Scalpels

A study that followed 54 patients with retained surgical instruments in their bodies indicated the thirty-seven of these patients required a further operation to remove sponges or surgical instruments. One patient died.


Surgical instruments left inside the body have the potential to cause internal bleeding by puncture of organs or blood vessels. Sponges and gauze may fester inside the body leading to serious infections.

The statute of limitations, the time within which a lawsuit may be commenced, begins to run on the day the surgical error was made. However, if the patient is unaware a surgical error occurred during their surgery, the statute of limitations may start, or be tolled and/or extended, from the date they discovered they have an instrument left in their body.


In this case, the patient has to seek medical attention as soon as they have pain. If they delay seeing a doctor about the pain, the statute of limitations may be limited and might commence on the day they first had pain regardless, suggesting the date when it should have been discovered, rather than from the date  when they sought medical treatment.


Sometimes it is many months or even years before pain or ill health makes it evident a surgical error happened. Risk factors for retention of surgical instruments in a patient's body increases with emergency surgery, an unanticipated change during the operation and a high body-mass index.


Patients who experience surgical instruments left in their body will undergo pain, possible further surgery, serious health consequences and incur expenses in what might be a long process to remove the object and recover their health.


These patients should seek immediate legal advice from an experienced medical malpractice attorney. To delay may prevent them from suing for compensation for pain and suffering because of expiration of the statute of limitations.


Tuesday, January 11, 2011

Defending a Medical Malpractice Claim


Facing litigation for a negligent action is a serious problem for a medical practitioner. If you lose, apart from the obvious consequence of paying a hefty compensation, it sure jeopardizes your medical career. Active defense is a necessity in such a situation, and you need a competent injury attorney for the job.


The key to medical malpractice defense is in the elements of the suit. Before you discuss the strategies to use, you need to understand these. Here is a quick look at the details pertaining to such a lawsuit.


The burden of proof in a medical malpractice suit is on the plaintiff's side. This implies that the victim, or his attorney, would need to establish two things – the occurrence of negligent action/non-action on the part of the medical practitioner, and the occurrence of injuries resulting from this negligence.


In such a circumstance, two important questions arise –


Was there any negligence? The first point that the plaintiff's attorney needs to establish is that your action, or inaction, fell below the proper standard of care that should have been provided under the circumstances.


If the Johnson City Injury Attorneys working on your behalf can arrange for experts to establish that your action, or inaction, did not fall below the standard of care, it could work as an effective defense.

If the judge/jury finds the expert testimonials on your side more credible, it may be possible to get a dismissal.


Did it cause any injuries? A victim can only recover compensation only if there were injuries or damages.

If your attorney is capable of establishing that there were no such injuries, even if there was negligence, the case does not hold ground.


Your attorney may also use expert testimonials to establish that the injuries were a natural outcome of the condition, and your role had no effect on it. The standard of evidence, necessary to establish a certain point, in a civil case is lower than that of a criminal one. The stronger the evidence, the better are your chances of successful defense.


Your objective to defend a claim is not to cheat an injured individual out of his/her rightful compensation. You need legal help to ensure that not every negative medical outcome becomes a ground for suing you. After all, there is no way to guarantee favorable results in a medical procedure, especially in complex ones.


The injury laws of Tennessee seek to compensate people suffering damages because of negligent medical practitioners. However, these do not imply that every negative outcome in a medical case is because of a negligent doctor.


Please visit lawyer guide for more information.

Tuesday, January 4, 2011

All About Legal Malpractice

Inside a courtroom, there is the judge, the jury, and the lawyers. The judge makes sure that the law is interpreted the right way, the jury gets to decide if the accused is guilty or not, and the lawyers are there to speak for their respective parties. They may belong to either the prosecution or the defense.

Legal malpractice in lawyers stems from unsatisfied clients. They feel that they were not properly represented in the court. Clients suing their lawyers for legal malpractice are uncommon, but it happens.

Not all mistakes by lawyers are grounds for legal malpractice. The mistake should be made because the lawyer did not use prudence, diligence, and his skill in preparing the case. He is negligent in his duties as a lawyer, therefore resulting in the loss of the case. Usually the loss is something tangible like money and property.

There is some difficulty in proving a legal malpractice case.

The information exchanged under the client and attorney confidentiality law can be nullified. Therefore things discussed by the plaintiff and his former attorney (defendant) under this rule could be used by the accused in proving that he is not guilty of legal malpractice.

Under the "Attorney Judgment Rule", a lawyer cannot be held responsible for errors in judgment if the judgment was made in good faith. This means a lawyer is not responsible for errors committed which he thought at the time was the correct decision. This rule protects lawyers who acted with diligence and prudence but was honestly mistaken.

Sometimes it could be difficult in locating a lawyer that would handle a legal malpractice case. But there are now lawyers in every state willing to take on such responsibilities.

If you are having difficulty finding the right lawyer, try the lawyer referral service offered by your state.