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.