MEDICAL MALPRACTICE

Talking to a Malpractice Law Firm

Submitted by jrlaw on Dec 21st, 2010

It’s always difficult, and sometimes embarrassing, to share medical information. When patients believe that they’ve been the victims of physician malpractice, however, they oftentimes have to do just that. To make it even more intimidating, such patients may have to share their medical information in court during a trial. There’s no reason to be embarrassed about this and, once you understand malpractice law and why it exists, you’ll likely understand why some victims of medical negligence go ahead and take this courageous step.

Physicians have a unique place in society. They have a form of duty that does not come from being elected or appointed to a high post. They are very educated, of course, but not all doctors are responsible in their duties and, sometimes, that means that patients suffer. When this happens, medical malpractice law kicks in and offers those who suffer a way to fight back.

How much does a Medical Malpractice Suit Cost?

Submitted by jrlaw on Nov 16th, 2010

A medical malpractice lawsuit can help you recover damages from incompetent care or outright medical negligence. There are lawyers who work in this field who use what’s called a contingency arrangement or contingency agreement with their clients. This is a way for the client to minimize their risk. The way it works is simple: If you get paid, your attorney gets paid. The lawyer will do the work of putting together the case and will take it all the way through the court system with you. If it fails, the lawyer doesn’t charge you.

While it may be politically convenient for some individuals to claim as much, this is not why there are a lot of medical malpractice lawsuits in the courtrooms. The reason for that is, quite simply, that there are a lot of doctors but far fewer truly good doctors. There are also frequently issues with huge healthcare providers, where incompetence, bureaucracy and concerns about profit margins conspire against the interests of patients. While malpractice law is a frequent whipping boy in the media, the vast majority of the people who file these claims have suffered real pain and real financial loss. Some of them are filed by the loved ones of people who have died.

When You Suspect Physician Malpractice

Submitted by jrlaw on Nov 9th, 2010

You’re at a disadvantage whenever you enter a doctor’s office. Because the doctor obviously knows a lot more than you about medicine, it’s sometimes problematic to figure out whether or not they’re being straight with you about your health. If you suspect that your doctor isn’t being forthcoming about something, you may want to talk to an attorney. Some cases of medical malpractice are very obvious and result in almost immediate lawsuits. Others, however, are more subtle and may take some help to identify. The main thrust of any medical malpractice claim, however, is that the doctor breached their duty to you, and this is what you must be on the lookout for.

Most doctors take their work very seriously and, though the pay can be very good, many of them are not in the medical field because of the money. There are some doctors, however, who care very little for their patients and who take risks that shouldn’t be taken at all. If your doctor seems to be ignoring legitimate complaints when you have them, if the sanitation standards at their hospital or clinic don’t seem up to par or if you’ve been harmed outright because of their mistakes or sloppiness, an attorney may be able to help you construct a good medical malpractice claim.

How Medical Malpractice Claims Work

Submitted by jrlaw on Oct 4th, 2010

Medical malpractice claims revolve around the duty of a doctor to their patients. A doctor, when they agree to give care, takes on a duty to provide the best possible care to their patient. When they fail in this duty in a way that harms the patient, the patient may have an option to sue the doctor for damages. There are several different situations that lead to these suits being filed. What they have in common is this breach of duty and the patient being harmed in some way by that action or inaction.

A medical malpractice law firm* will try to establish where the doctor or institution failed. For example, if you went in for a surgery and the procedure wasn’t done correctly, you may be able to sue for malpractice. This doesn’t necessarily mean that you could sue if a procedure failed to cure you, however, if it was delivered in a competent and effective fashion. There are some diseases that cannot be cured and there are some patients whose conditions will worsen. It is not always the doctor’s or institutions fault that this is the case.

Medical Malpractice and Your Privacy

Submitted by jrlaw on Aug 10th, 2010

One of the most intimidating things about filing a medical malpractice claim is having your medical information dragged out in public. Fortunately, this isn’t as bad as you may think. Your lawyer can be trusted with all of your medical information as much as any doctor can. If you go in for a consultation and you don’t end up having a case, the lawyer will not divulge your information to anyone, ever. There’s no reason to let embarrassment or fears that your information will be outside your control stop you from filing a claim that could net you damages for your pain and suffering.

Medical malpractice affects thousands of people every year. Sometimes it’s a bad diagnosis that leads to the wrong treatments being prescribed. In other cases, a doctor may simply neglect all of their patient’s needs, resulting in a condition worsening when it shouldn’t have. In any case, medical negligence, at best, is expensive. At worst, it can be lethal. There are specific laws that apply to how doctors conduct their business. They are held to very high standards, as is necessary given what they do for a living. A doctor does have a legal duty to you when they accept you as a patient.

Medical Malpractice and Incompetence

Submitted by jrlaw on Jul 9th, 2010

Medical doctors lead famously stressful lives. They work long hours, pay a lot for their education and are held to higher standards than most other professionals. Unfortunately, some of these elements of their lives are at cross purposes with others. Doctors are oftentimes worked long hours to keep the profitability of hospitals high, but this means diminishing results in patient care. Medical malpractice law claims oftentimes deal with the results of this unhappy situation. In some cases, it’s the fact that the patient is simply treated as disposable that causes the problem.

A common incarnation of this is being prescribed a medication that is entirely inappropriate for the condition or the patient. This may occur because the patient’s condition was not diagnosed properly. It may also occur because of medical negligence: being prescribed an antibiotic that you’re allergic to, for instance, when that allergy was clearly noted on your records. While an attorney can provide recourse in these situations, your best option is to know your own medical history. If you’re allergic to penicillin, for instance, and a doctor writes you a prescription for amoxicillin, that should be a huge red flag.

Dealing with Medical Malpractice

Submitted by jrlaw on Jun 3rd, 2010

Medical malpractice is nothing to take lightly. It also happens far more often than people tend to think, and the consequences of it can be quite grim. Every year between 2000 and 2002, in fact, nearly 200,000 people lost their lives due to various types of medical malpractice. The manifestations of malpractice are not always obvious. It may not be a sponge left in your abdomen after a surgery or a botched procedure. In some cases, these smaller, more common forms of malpractice are just as deadly as the most egregious examples.

Some malpractice involves inattention to detail. The fact that these instances involve medicine, however, means that these small instances of not paying attention can be lethal. Consider, for instance, being given the wrong medication. In some cases, such as with antibiotic allergies, the results of being given the wrong meds may be fatal. In others they may be debilitating or cause severe trauma to the individual affected. No one deserves to suffer due to the incompetence of others and, where malpractice is concerned, that is usually exactly what's at issue: incompetence. Doctors, necessarily, are held to higher standards than most professionals. This is because what they do is literally a matter of life and death.

Four Burdens of Proof for Medical Malpractice

Submitted by jrlaw on May 5th, 2010

Medical negligence or malpractice cases are complicated. They require excellent technical skills in the field of medicine for malpractice law firms to be able to win a case for their clients. In order to win a case, the lawyer must prove four things in court:

• The doctor owed a duty towards the patient

• The doctor breached this duty

• The breach caused Injury to the patient

• There were damages due to the injury

The above are also considered the four elements of medical malpractice.

Four Elements of Medical Malpractice

Duty owed: When a doctor or hospital treats a patient, a legal duty is created. This duty starts as soon as the doctor begins to provide any service to the patient, which includes medical counseling. If the claimant fails to show that there was an active doctor-patient bond during the time of the injury, his or her case becomes baseless. This is the very first step in making the case strong. If the lawyer fails in this, there is not much hope that you can get medical malpractice damages.

Wrongful Death as a Result of Medical Malpractice

Submitted by jrlaw on Apr 19th, 2010

A wrongful death lawsuit is filed when the victim dies as a result of the defendant’s negligence. The suit claims that the survivors of the victim are entitled to because of improper conduct on the part of the accused.

Startling Statistics on Wrongful Death Malpractice Lawsuits

Submitted by jrlaw on Apr 14th, 2010

According to Medical News Today, the medical industry recently became aware that on average 195,000 patients die each year directly because of wrongful death circumstances. Wrongful death occurs when medical errors are made in hospitals. The study was conducted by HealthGrades Patient Safety in American Hospitals for a period of two years. This study not only supported the previous research study done by the Institute of Medicine in their 1999 report conclusion of 98,000 deaths per year, but dwarfed it.

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