Medical Malpractice Lawsuits

Unfortunately, medical malpractice happens everyday somewhere in the world. Everybody has the right to get the medical treatment that they need. No matter what your problem is, you should be able to walk into your local doctor's office, find the answers to your health concerns and receive the treatment that you require. You should be treated with respect and dignity and everything that you tell any medical professional should be kept confidential. However this is not always the case.

Unfortunately, medical malpractice happens everyday somewhere in the world. Everybody has the right to get the medical treatment that they need. No matter what your problem is, you should be able to walk into your local doctor's office, find the answers to your health concerns and receive the treatment that you require. You should be treated with respect and dignity and everything that you tell any medical professional should be kept confidential. However this is not always the case.

Medical Malpractice Birth Injuries

Tragically, severe injuries can occur during pregnancy, labor, or shortly after birth.

Many parents face the challenge of providing for a child with special needs and seeking to secure the child's future care and treatment. If medical error caused the child's injury, a medical malpractice claim may be possible, to help ensure financial security for potentially staggering medical and financial costs. While most injuries or illnesses are usually not caused by medical treatment errors, others are linked closely with medical negligence or medical mistakes. Thus, it is necessary to take a close look, to determine whether a birth injury was caused by a physician or hospital mistake, or if the birth injury was something that simply could not be avoided.

Tragically, severe injuries can occur during pregnancy, labor, or shortly after birth.

Many parents face the challenge of providing for a child with special needs and seeking to secure the child's future care and treatment. If medical error caused the child's injury, a medical malpractice claim may be possible, to help ensure financial security for potentially staggering medical and financial costs. While most injuries or illnesses are usually not caused by medical treatment errors, others are linked closely with medical negligence or medical mistakes. Thus, it is necessary to take a close look, to determine whether a birth injury was caused by a physician or hospital mistake, or if the birth injury was something that simply could not be avoided.

Investigating Medical Negligence Cases

How do you know if you, a family member, or friends have been the victim of medical negligence? What information is important? What are the issues? What are the types of damages that can be recovered? How long do you have to take legal action? These are all important questions and this article will attempt to provide you with useful answers. What Information is Important? Our analysis of your potential case begins with a thorough investigation and examination into your medical history. Any previous hospitalizations regardless of the reason may be important. We need to review your medical records from your family or primary care doctor for several years prior to the date of the treatment which you believe was negligent. We will need to review all records surrounding the treatment which you believe to have been improper. Finally, we need to understand all medications which have been ordered for you during the last several years. No doctor or hospital can refuse to provide you with a copy of your records - it's the law! They may charge you a fee for copying the records but must provide the records within 15 days of your request. You do not have to inform the health care provider that you are requesting the records for review in a potential legal matter.

How do you know if you, a family member, or friends have been the victim of medical negligence? What information is important? What are the issues? What are the types of damages that can be recovered? How long do you have to take legal action? These are all important questions and this article will attempt to provide you with useful answers. What Information is Important? Our analysis of your potential case begins with a thorough investigation and examination into your medical history. Any previous hospitalizations regardless of the reason may be important. We need to review your medical records from your family or primary care doctor for several years prior to the date of the treatment which you believe was negligent. We will need to review all records surrounding the treatment which you believe to have been improper. Finally, we need to understand all medications which have been ordered for you during the last several years. No doctor or hospital can refuse to provide you with a copy of your records - it's the law! They may charge you a fee for copying the records but must provide the records within 15 days of your request. You do not have to inform the health care provider that you are requesting the records for review in a potential legal matter.

Has Medical Malpractice Affected You?

Most doctors provide commendable medical care to their patients. However, on occasion even a good doctor can fail to meet the standard of care expected of a doctor of his or her background, education, and training in a given community. In the event that a doctor fails to meet the accepted standard of care and this failure causes damage to the patient, a legal claim for medical negligence may be warranted.

Medical negligence (also commonly called medical malpractice) can take many forms including failed or delayed diagnosis of a condition, diagnostic errors, failure to obtain consent to treatment, patient identification mistakes, medication errors, failing to warn the patient of the risks of a particular treatment, careless surgical procedures, etc.

Most doctors provide commendable medical care to their patients. However, on occasion even a good doctor can fail to meet the standard of care expected of a doctor of his or her background, education, and training in a given community. In the event that a doctor fails to meet the accepted standard of care and this failure causes damage to the patient, a legal claim for medical negligence may be warranted.

Medical negligence (also commonly called medical malpractice) can take many forms including failed or delayed diagnosis of a condition, diagnostic errors, failure to obtain consent to treatment, patient identification mistakes, medication errors, failing to warn the patient of the risks of a particular treatment, careless surgical procedures, etc.

Negative Effects of Medical Malpractice

Every year, medical malpractice is a serious problem for thousands of people across the country. Procedure occurs when a heath care professional fails to provide a patient with a standard quality of care which results in injury or harm to the patient.

Medical malpractice can take place in any health facility by any type of medical personnel that can include doctors, nurses, hospital workers, dentists, eye doctors, surgeons,etc. An article published in the Journal of the American Medical Association (JAMA) noted that 'every year in the United States 12,000 patient deaths occurred due to unnecessary surgery, 7,000 deaths were caused by medication errors in hospitals, and 20,000 deaths resulted from other errors in hospitals.' The Journal of the American Association for Justice stated that a decade ago 'as many as 98,000 people died every year from preventable medical errors, costing the nation an estimated $29 billion dollars.'

Every year, medical malpractice is a serious problem for thousands of people across the country. Procedure occurs when a heath care professional fails to provide a patient with a standard quality of care which results in injury or harm to the patient.

Medical malpractice can take place in any health facility by any type of medical personnel that can include doctors, nurses, hospital workers, dentists, eye doctors, surgeons,etc. An article published in the Journal of the American Medical Association (JAMA) noted that 'every year in the United States 12,000 patient deaths occurred due to unnecessary surgery, 7,000 deaths were caused by medication errors in hospitals, and 20,000 deaths resulted from other errors in hospitals.' The Journal of the American Association for Justice stated that a decade ago 'as many as 98,000 people died every year from preventable medical errors, costing the nation an estimated $29 billion dollars.'

Medical Negligence Lawyer - Handling Cases of Medical Neglect

When a health care professional does not perform to the accepted standards, it is called medical negligence.  Neglect can happen by a doctor or any other medical professional.  Medical neglect does not always cause harm however; there are cases when the injury causes permanent damage, severe pain and even death.

There are laws in place for victims to seek medical compensation for these injuries.  These injuries can be:

    * Physical
    * Financial
    * Emotional

A medical negligence lawyer can help victims evaluate the damages and help them get what they deserve.

Medical Negligence: A Serious Problem

The Institute of Medicine released an unbelievable report back in 1999 regarding negligence in the United States.  The IOM report shows that 98,000 preventable deaths are due to medical errors.  This report does not include the hundred of thousand victims who suffered injuries.

It is suggested by professionals that medical negligence is more common than you think because many cases are not reported.  Doctors are hesitating to admit to their mistakes and victims sometimes are not aware there was a mistake done.  If a patient thinks there was a mistake, be sure to report the incident and speak to a lawyer.

Are You a Victim of Medical Negligence?

There are many types of medical neglect.  If you think you have a case, you need to talk to a medical lawyer.

Have your case looked at if:

    * You were injured because of an error such as a surgical or medication error, a lab mistake, misdiagnosed or other related errors
    * Your child was diagnosed with cerebral palsy and you think the cause was neglect (lack of oxygen)
    * You lost a loved one because of an error from a medical professional.

There are strict deadlines that vary state by state.  It is important to speak with a medical negligence lawyer as soon as you think your injury was a result of medical neglect.  Even if you think the statue of limitations passed you should still seek the advice from a lawyer, there may be some exceptions.

Contact a Medical  Lawyer Today

Medical negligence lawyers offer free evaluations.  These lawyers represent victims and they have won settlements for their clients.  They have legal and medical knowledge in which they will use all their resources to represent you.  If you have questions, they have answers.

When a health care professional does not perform to the accepted standards, it is called medical negligence.  Neglect can happen by a doctor or any other medical professional.  Medical neglect does not always cause harm however; there are cases when the injury causes permanent damage, severe pain and even death.

There are laws in place for victims to seek medical compensation for these injuries.  These injuries can be:

    * Physical
    * Financial
    * Emotional

A medical negligence lawyer can help victims evaluate the damages and help them get what they deserve.

Medical Negligence: A Serious Problem

The Institute of Medicine released an unbelievable report back in 1999 regarding negligence in the United States.  The IOM report shows that 98,000 preventable deaths are due to medical errors.  This report does not include the hundred of thousand victims who suffered injuries.

It is suggested by professionals that medical negligence is more common than you think because many cases are not reported.  Doctors are hesitating to admit to their mistakes and victims sometimes are not aware there was a mistake done.  If a patient thinks there was a mistake, be sure to report the incident and speak to a lawyer.

Are You a Victim of Medical Negligence?

There are many types of medical neglect.  If you think you have a case, you need to talk to a medical lawyer.

Have your case looked at if:

    * You were injured because of an error such as a surgical or medication error, a lab mistake, misdiagnosed or other related errors
    * Your child was diagnosed with cerebral palsy and you think the cause was neglect (lack of oxygen)
    * You lost a loved one because of an error from a medical professional.

There are strict deadlines that vary state by state.  It is important to speak with a medical negligence lawyer as soon as you think your injury was a result of medical neglect.  Even if you think the statue of limitations passed you should still seek the advice from a lawyer, there may be some exceptions.

Contact a Medical  Lawyer Today

Medical negligence lawyers offer free evaluations.  These lawyers represent victims and they have won settlements for their clients.  They have legal and medical knowledge in which they will use all their resources to represent you.  If you have questions, they have answers.

A Medical Malpractice Primer For Patients

Medical malpractice kills 225,000 people every year, according to the Journal of the American Medical Association (JAMA). In New York state hospitals alone, 1 percent of all patients are injured due to negligence, with a quarter of those patients dying from their injuries. Despite such staggering statistics, fewer than one-half of 1 percent of the nation's doctors face any serious state sanctions each year.

Anyone can become the victim of medical malpractice. Even procedures that seem simple on the surface can lead to devastating injuries if they are not done properly. According to the JAMA, every year, medical malpractice leads to:

    * 12,000 deaths from unnecessary surgery
    * 7,000 deaths from medication errors in hospitals
    * 20,000 deaths from other errors in hospitals
    * 80,000 deaths from infections in hospitals
    * 106,000 deaths from non-error, adverse effects of medication

Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. This can include an error in diagnosis, treatment, or illness management.

There are several types of medical malpractice. Generally, a delay or failure to diagnose a disease is considered medical malpractice if it has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis. This can occur when a doctor or other healthcare professional dismisses the presenting symptoms as temporary, minor, or otherwise not worthy of treatment. Such malpractice also includes erroneous diagnosis, or prescribing the wrong treatment for a correct diagnosis. Finally, if a new or unproven treatment causes an injury, the doctor prescribing it could be liable if a more conventional treatment would have been successful.

Medical malpractice also occurs when a doctor or other healthcare provider fails to follow the established "standard of care". All licensed healthcare professionals are expected possess a basic level of skill and expertise in diagnosing and treating patients in their specialty. When a patient is injured because a medical professional did not follow the established standard of care, the victim may be entitled to compensation.

Malpractice also occurs in cases were a healthcare professional is guilty of "gross negligence" - instances were the practitioners conduct was so reckless or mistaken that even a layman without medical training would known it. Examples of gross negligence include amputating the wrong limb or leaving a surgical instrument inside a body cavity of the patient.

All patients have the right to receive information about their medical condition, treatment choices, risks associated with the treatments, and prognosis. The information must be provided in a way that a patient can understand. This concept is known as "informed consent". If a patient has been deprived of the information needed to give informed consent to a non-emergency procedure, the patient may have a valid malpractice claim.

Finally, doctors and other practitioners who breech patient confidentiality might also be guilty of malpractice. Patient confidentiality is required of doctors even after a patient leaves their care. Confidentiality covers all medical records, as well as communications between patient and doctor, and generally includes communications between the patient and other professional staff working with the doctor.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. But because there is never a guarantees of medical results, bad outcomes do not necessarily mean negligence occurred. In order for a medical malpractice claim to be considered valid, several elements are needed.

To be successful, a plaintiff in a medical malpractice case must prove:

    * A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
    * A duty was breached - the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors.
    * The breach caused an injury - The breach of duty was a proximate cause of the injury.
    * Damages - Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.
 

Medical malpractice kills 225,000 people every year, according to the Journal of the American Medical Association (JAMA). In New York state hospitals alone, 1 percent of all patients are injured due to negligence, with a quarter of those patients dying from their injuries. Despite such staggering statistics, fewer than one-half of 1 percent of the nation's doctors face any serious state sanctions each year.

Anyone can become the victim of medical malpractice. Even procedures that seem simple on the surface can lead to devastating injuries if they are not done properly. According to the JAMA, every year, medical malpractice leads to:

    * 12,000 deaths from unnecessary surgery
    * 7,000 deaths from medication errors in hospitals
    * 20,000 deaths from other errors in hospitals
    * 80,000 deaths from infections in hospitals
    * 106,000 deaths from non-error, adverse effects of medication

Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. This can include an error in diagnosis, treatment, or illness management.

There are several types of medical malpractice. Generally, a delay or failure to diagnose a disease is considered medical malpractice if it has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis. This can occur when a doctor or other healthcare professional dismisses the presenting symptoms as temporary, minor, or otherwise not worthy of treatment. Such malpractice also includes erroneous diagnosis, or prescribing the wrong treatment for a correct diagnosis. Finally, if a new or unproven treatment causes an injury, the doctor prescribing it could be liable if a more conventional treatment would have been successful.

Medical malpractice also occurs when a doctor or other healthcare provider fails to follow the established "standard of care". All licensed healthcare professionals are expected possess a basic level of skill and expertise in diagnosing and treating patients in their specialty. When a patient is injured because a medical professional did not follow the established standard of care, the victim may be entitled to compensation.

Malpractice also occurs in cases were a healthcare professional is guilty of "gross negligence" - instances were the practitioners conduct was so reckless or mistaken that even a layman without medical training would known it. Examples of gross negligence include amputating the wrong limb or leaving a surgical instrument inside a body cavity of the patient.

All patients have the right to receive information about their medical condition, treatment choices, risks associated with the treatments, and prognosis. The information must be provided in a way that a patient can understand. This concept is known as "informed consent". If a patient has been deprived of the information needed to give informed consent to a non-emergency procedure, the patient may have a valid malpractice claim.

Finally, doctors and other practitioners who breech patient confidentiality might also be guilty of malpractice. Patient confidentiality is required of doctors even after a patient leaves their care. Confidentiality covers all medical records, as well as communications between patient and doctor, and generally includes communications between the patient and other professional staff working with the doctor.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. But because there is never a guarantees of medical results, bad outcomes do not necessarily mean negligence occurred. In order for a medical malpractice claim to be considered valid, several elements are needed.

To be successful, a plaintiff in a medical malpractice case must prove:

    * A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
    * A duty was breached - the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors.
    * The breach caused an injury - The breach of duty was a proximate cause of the injury.
    * Damages - Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.
 

Medical Malpractice Laws - Responsibilities of Lawyers

Among different forms of personal injury medical malpractice is perhaps most frightening and devastating. Negligence on the part of medical practitioners puts the life of the patients on stake. Patients are taken to physicians for treatment; it is very frustrating when the condition of the patient deteriorates because of the negligence and irresponsible behavior of the physicians, hospital or the clinic. Consequently the recovery process is elongated and the entire process becomes a lot expensive.

Medical Malpractice Laws in Florida - A brief discussion

All the states have incorporated laws to protect consumers' rights against medical negligence. In Florida, medical malpractice laws are quite strict. However, along with protecting consumer rights, Florida medical negligence laws also look after the goodwill of the medical practitioners in Florida.

Law makes it compulsory for lawyers to submit written statement confirming the fact that his or her client has a genuine case. If investigation proves that the case was built up just to insult a physician, the lawyer is held responsible for defaming the physician.

Medical malpractice lawsuit can be filed in Florida court of law only when there is strong evidence supporting the victims. Victims should consult medical malpractice lawyers immediately after the incidents of medical negligence. Attorneys who have been working for medical malpractice victims for many years can be of great assistance to prove a genuine case in court. Competent attorneys obtain reports, records, statements and evidence from various sources and finally prepare the plan of action to establish the rights of the victims in the court of law.

The job of a medical malpractice lawyer Florida is not easy. They need to overcome a lot of huddles. Apart from handling all the legal issues directly related to the case, they need to complete many more legal formalities.

Responsibilities of Medical Malpractice Lawyers

1. Decide if the case falls under medical malpractice laws or not. Sometimes bereaved family members decide to bring medical malpractice case against the physician who was in charge of their near and dear one out of personal grievance. Hence, it becomes the duty of the medical malpractice lawyer to determine if the case has solid base or not. Cases filed to defame the physicians are not only dismissed, but the lawyers handling such case are held responsible as well. So the lawyers need to be careful while taking up the case.

2. Most personal injury, medical negligence and wrongful death cases go through 'no win no fee' route. Hence, it is the responsibility of the medical malpractice lawyer or the law firm to bear initial financial matters and investigation expenses. Sometimes medical negligence cases go for years and the lawyer can recover their fees only when the case completes successfully. So the lawyers should be prepared to stand all the financial burdens.

3. Medical malpractice lawyers need to do feasibility study of each medical malpractice case properly before submitting the lawsuit in Florida court of law. They should invest their time and money only if there are enough chances of getting significant return. Otherwise, out of court settlements can be a wise option.

4. Lawyers handling medical malpractice cases should have some medical knowledge as well. They may also need to consult with physicians to understand the ins and outs of the case. Senior lawyers who have been overseeing medical malpractice cases for many days should be called on to prepare the right plan of action and to ensure success of the case.

Among different forms of personal injury medical malpractice is perhaps most frightening and devastating. Negligence on the part of medical practitioners puts the life of the patients on stake. Patients are taken to physicians for treatment; it is very frustrating when the condition of the patient deteriorates because of the negligence and irresponsible behavior of the physicians, hospital or the clinic. Consequently the recovery process is elongated and the entire process becomes a lot expensive.

Medical Malpractice Laws in Florida - A brief discussion

All the states have incorporated laws to protect consumers' rights against medical negligence. In Florida, medical malpractice laws are quite strict. However, along with protecting consumer rights, Florida medical negligence laws also look after the goodwill of the medical practitioners in Florida.

Law makes it compulsory for lawyers to submit written statement confirming the fact that his or her client has a genuine case. If investigation proves that the case was built up just to insult a physician, the lawyer is held responsible for defaming the physician.

Medical malpractice lawsuit can be filed in Florida court of law only when there is strong evidence supporting the victims. Victims should consult medical malpractice lawyers immediately after the incidents of medical negligence. Attorneys who have been working for medical malpractice victims for many years can be of great assistance to prove a genuine case in court. Competent attorneys obtain reports, records, statements and evidence from various sources and finally prepare the plan of action to establish the rights of the victims in the court of law.

The job of a medical malpractice lawyer Florida is not easy. They need to overcome a lot of huddles. Apart from handling all the legal issues directly related to the case, they need to complete many more legal formalities.

Responsibilities of Medical Malpractice Lawyers

1. Decide if the case falls under medical malpractice laws or not. Sometimes bereaved family members decide to bring medical malpractice case against the physician who was in charge of their near and dear one out of personal grievance. Hence, it becomes the duty of the medical malpractice lawyer to determine if the case has solid base or not. Cases filed to defame the physicians are not only dismissed, but the lawyers handling such case are held responsible as well. So the lawyers need to be careful while taking up the case.

2. Most personal injury, medical negligence and wrongful death cases go through 'no win no fee' route. Hence, it is the responsibility of the medical malpractice lawyer or the law firm to bear initial financial matters and investigation expenses. Sometimes medical negligence cases go for years and the lawyer can recover their fees only when the case completes successfully. So the lawyers should be prepared to stand all the financial burdens.

3. Medical malpractice lawyers need to do feasibility study of each medical malpractice case properly before submitting the lawsuit in Florida court of law. They should invest their time and money only if there are enough chances of getting significant return. Otherwise, out of court settlements can be a wise option.

4. Lawyers handling medical malpractice cases should have some medical knowledge as well. They may also need to consult with physicians to understand the ins and outs of the case. Senior lawyers who have been overseeing medical malpractice cases for many days should be called on to prepare the right plan of action and to ensure success of the case.

Medical Negligence Or Medical Mismanagement

Medical malpractice is a legal term used for poor quality, incorrect, or negligent medical care by a qualified medical professional that causes harm to a patient. Lately, cases involving medical mismanagement are on the rise owing to increased patient awareness and government legislation.

Case Study

Leon Baker suffered a heart attack after his doctors administered the wrong drug during surgery. He filed a claim alleging medical negligence, which resulted in the award of £200,000 in cash. However, not all claims result in such hefty compensation amounts. In fact, the win rate for medical malpractice claims is much lower than that for road or workplace accidents. This is because in a majority of cases patients do not understand the complex procedures that are involved in filing such a claim.

Criticism

The Personal Injury Valuation Handbook estimates that one in five of medical negligence claims involve death. However, statistics do not reveal the real cost for the patient as well as his or her family. Medical negligence not only causes irreparable physical damage to the patient but also leaves permanent mental scars. Moreover, the process of filing a claim is time-consuming and complex. Yet, some argue against the same laws that protect against faulty treatment. Here are some of the arguments:

o "Medical malpractice laws increase litigation and encourage fraudulent claims." Not true. Research shows that the risk of fraud is minimal though not zero. The real problem, according to Tom Barker, author of The Medical Malpractice Myth, is too much medical malpractice. In fact, research has shown that a majority of such cases go unreported. Laws are necessary to safeguard the interests of the patient and make medical professionals responsible for their actions.

o "Some medical operations come with known risks for which doctors cannot be held guilty." AND "It is not always possible to determine if the patient has adequately followed the doctor's instructions."

These arguments arise from a misunderstanding of the law. Medical malpractice works on the principle of causation, which means that it is not enough to say that the treatment was substandard or that it did not work. Patients also have to prove a cause-effect relationship between the medical professional's poor performance and an undesirable result. This involves the role of an "expert witness" who provides expert medical testimony. The final judgement depends on whether the doctor did something inappropriate that most people in the medical profession would not have done.

Should I File a Claim?

Often, patients are unsure about filing a claim for compensation, as it is difficult to determine if something has gone wrong BECAUSE of poor treatment. If you feel that faulty treatment or misdiagnosis is to blame for your poor health, speak to another medical professional immediately.

If there is some evidence of medical malpractice, then contact a solicitor immediately, as all claims usually have a time limit ranging from one to four years. A qualified solicitor with relevant experience is the best person to guide you through the process of filing a claim.

Medical malpractice is a legal term used for poor quality, incorrect, or negligent medical care by a qualified medical professional that causes harm to a patient. Lately, cases involving medical mismanagement are on the rise owing to increased patient awareness and government legislation.

Case Study

Leon Baker suffered a heart attack after his doctors administered the wrong drug during surgery. He filed a claim alleging medical negligence, which resulted in the award of £200,000 in cash. However, not all claims result in such hefty compensation amounts. In fact, the win rate for medical malpractice claims is much lower than that for road or workplace accidents. This is because in a majority of cases patients do not understand the complex procedures that are involved in filing such a claim.

Criticism

The Personal Injury Valuation Handbook estimates that one in five of medical negligence claims involve death. However, statistics do not reveal the real cost for the patient as well as his or her family. Medical negligence not only causes irreparable physical damage to the patient but also leaves permanent mental scars. Moreover, the process of filing a claim is time-consuming and complex. Yet, some argue against the same laws that protect against faulty treatment. Here are some of the arguments:

o "Medical malpractice laws increase litigation and encourage fraudulent claims." Not true. Research shows that the risk of fraud is minimal though not zero. The real problem, according to Tom Barker, author of The Medical Malpractice Myth, is too much medical malpractice. In fact, research has shown that a majority of such cases go unreported. Laws are necessary to safeguard the interests of the patient and make medical professionals responsible for their actions.

o "Some medical operations come with known risks for which doctors cannot be held guilty." AND "It is not always possible to determine if the patient has adequately followed the doctor's instructions."

These arguments arise from a misunderstanding of the law. Medical malpractice works on the principle of causation, which means that it is not enough to say that the treatment was substandard or that it did not work. Patients also have to prove a cause-effect relationship between the medical professional's poor performance and an undesirable result. This involves the role of an "expert witness" who provides expert medical testimony. The final judgement depends on whether the doctor did something inappropriate that most people in the medical profession would not have done.

Should I File a Claim?

Often, patients are unsure about filing a claim for compensation, as it is difficult to determine if something has gone wrong BECAUSE of poor treatment. If you feel that faulty treatment or misdiagnosis is to blame for your poor health, speak to another medical professional immediately.

If there is some evidence of medical malpractice, then contact a solicitor immediately, as all claims usually have a time limit ranging from one to four years. A qualified solicitor with relevant experience is the best person to guide you through the process of filing a claim.

A Primer on Medical Malpractice Lawsuits

When the topic is medical malpractice, there is much more involved than simply answering the question did a medical care provider practice below the required standards of care.

Contrary to the press and public relations, the medical care givers win far more cases than they lose, sometime as much as 80-100% in any given month. It is not a drastic simplification to describe litigation as a hurdle race that often includes the unspoken media created prejudices and policies of a cynical jury pool. The injured party has to clear all of those hurdles to win. If the defendant's attorney can trip the injured party on only one of those hurdles, the verdict goes to the defense.

Malpractice and PROVABLE medical malpractice are vastly different. Regrettably, "provability" is no small problem, given the many excuses and explanations available to the malpracticing care provider. Beyond that is the hard fact, provability is only one of the obstacles. A courtroom full of hurdles awaits the injured plaintiff that must be cleared before he or she can convince the jury that he or she deserves a positive verdict.

Winning not only involves proving the medical malpractice. It also requires convincing the jury that plaintiff's definition or description of proper care is correct, as opposed to the explanations thrown at the jury by the defense. If the plaintiff can clear that hurdle, then he or she must prove that the medical malpractice caused the bad outcome, and not the initial injury, disease or "unavoidable" but predictable complication of the treatment or injury.

Also, the plaintiff's attorney must convince the jury that the injury and residual problems of the medical malpractice are serious enough to make the jury want to award money damages. This is no small burden given the jurors' own experiences, biases and preconceptions, insurance industry propaganda, and their concern for the verdict impact on their cost of medical care.

If this seems like a heavy load to carry, it's only a part of the responsibility the plaintiff's attorney takes on when agreeing to represent an injured patient. It is not only the merits of the facts and medicine that determine whether there will be lengthy litigation, a settlement, and/or a positive verdict; it is the many bumps in the road from the malpractice event to the courtroom, and the ability of the plaintiff and his or her attorney to navigate those bumps that will determine the outcome.

When an injured person seeks the assistance of a medical caregiver, the language of medicine is not the usual vocabulary of laypersons. If there is a medical malpractice dispute, the defense wants it fought in the defendant medical caregiver's language, with the defendant knowing "where the egg is hidden". Thus, the injured person must have his medical malpractice case argued, to a degree, in a strange land in a strange language. The "art" of it is for the plaintiff's attorney to translate what happened into terms and actions that are not so mystical, but rather descriptive of what happened, but should not have.

Furthermore, the plaintiff must "defend" his or her health status against the built in defense that the medical problems were caused by the plaintiff's medical condition and not substandard medical care.

At the center of the battle is that only one party has a script, and that is the medical record. The problem here is that the content of the record or chart is often written and controlled by the offending medical care provider and his or her associates. Between the patient and the medical caregiver, only the latter has records, supposedly created contemporaneously with the treatment events. However, sometimes portions of those records are made and completed later on, after the medical caregivers realize there may be a liability problem. The injured person's knowledge and verbal description of the event is often different than what was written in the medical record. This provides the defendant with the argument that the records are correct because they were objectively put together before any knowledge of malpractice. Proving their inaccuracy and absence of objectivity can be a tough hurdle for the plaintiff's attorney.

There are also the medical books/journals used after the fact by the defense attorney as a vast source of explanations and excuses that what actually happened was a known, but unfortunate and unavoidable complication having nothing to do with any medical error. The argument for the defense is that the excusing explanations must be believable and applicable since it is written in a medical book/journal.

Sometimes there is a decision by the defense not to resolve a legitimate medical malpractice claim. This may be based on the willingness of the defense to test the plaintiff's resolve or the jury's susceptibility to the many hurdles that will be thrown in front of the plaintiff. As was mentioned earlier, some of those obstacles are brought into the courtroom by the jury and involve prejudices or concerns that have been cultivated by an industry over time to induce jurors to use industry created beliefs in an attempt to defeat the patient/plaintiff's claim.

Cases do not always go to trial on the merits of the medicine. The business of the insurance industry is to accept premiums to take financial risk. This often includes forcing a matter to trial, not because there was acceptable treatment, but rather on the calculated decision that the medical malpractice might not be easily proven or that the spoken and unspoken hurdles might sell to the jury.

When the topic is medical malpractice, there is much more involved than simply answering the question did a medical care provider practice below the required standards of care.

Contrary to the press and public relations, the medical care givers win far more cases than they lose, sometime as much as 80-100% in any given month. It is not a drastic simplification to describe litigation as a hurdle race that often includes the unspoken media created prejudices and policies of a cynical jury pool. The injured party has to clear all of those hurdles to win. If the defendant's attorney can trip the injured party on only one of those hurdles, the verdict goes to the defense.

Malpractice and PROVABLE medical malpractice are vastly different. Regrettably, "provability" is no small problem, given the many excuses and explanations available to the malpracticing care provider. Beyond that is the hard fact, provability is only one of the obstacles. A courtroom full of hurdles awaits the injured plaintiff that must be cleared before he or she can convince the jury that he or she deserves a positive verdict.

Winning not only involves proving the medical malpractice. It also requires convincing the jury that plaintiff's definition or description of proper care is correct, as opposed to the explanations thrown at the jury by the defense. If the plaintiff can clear that hurdle, then he or she must prove that the medical malpractice caused the bad outcome, and not the initial injury, disease or "unavoidable" but predictable complication of the treatment or injury.

Also, the plaintiff's attorney must convince the jury that the injury and residual problems of the medical malpractice are serious enough to make the jury want to award money damages. This is no small burden given the jurors' own experiences, biases and preconceptions, insurance industry propaganda, and their concern for the verdict impact on their cost of medical care.

If this seems like a heavy load to carry, it's only a part of the responsibility the plaintiff's attorney takes on when agreeing to represent an injured patient. It is not only the merits of the facts and medicine that determine whether there will be lengthy litigation, a settlement, and/or a positive verdict; it is the many bumps in the road from the malpractice event to the courtroom, and the ability of the plaintiff and his or her attorney to navigate those bumps that will determine the outcome.

When an injured person seeks the assistance of a medical caregiver, the language of medicine is not the usual vocabulary of laypersons. If there is a medical malpractice dispute, the defense wants it fought in the defendant medical caregiver's language, with the defendant knowing "where the egg is hidden". Thus, the injured person must have his medical malpractice case argued, to a degree, in a strange land in a strange language. The "art" of it is for the plaintiff's attorney to translate what happened into terms and actions that are not so mystical, but rather descriptive of what happened, but should not have.

Furthermore, the plaintiff must "defend" his or her health status against the built in defense that the medical problems were caused by the plaintiff's medical condition and not substandard medical care.

At the center of the battle is that only one party has a script, and that is the medical record. The problem here is that the content of the record or chart is often written and controlled by the offending medical care provider and his or her associates. Between the patient and the medical caregiver, only the latter has records, supposedly created contemporaneously with the treatment events. However, sometimes portions of those records are made and completed later on, after the medical caregivers realize there may be a liability problem. The injured person's knowledge and verbal description of the event is often different than what was written in the medical record. This provides the defendant with the argument that the records are correct because they were objectively put together before any knowledge of malpractice. Proving their inaccuracy and absence of objectivity can be a tough hurdle for the plaintiff's attorney.

There are also the medical books/journals used after the fact by the defense attorney as a vast source of explanations and excuses that what actually happened was a known, but unfortunate and unavoidable complication having nothing to do with any medical error. The argument for the defense is that the excusing explanations must be believable and applicable since it is written in a medical book/journal.

Sometimes there is a decision by the defense not to resolve a legitimate medical malpractice claim. This may be based on the willingness of the defense to test the plaintiff's resolve or the jury's susceptibility to the many hurdles that will be thrown in front of the plaintiff. As was mentioned earlier, some of those obstacles are brought into the courtroom by the jury and involve prejudices or concerns that have been cultivated by an industry over time to induce jurors to use industry created beliefs in an attempt to defeat the patient/plaintiff's claim.

Cases do not always go to trial on the merits of the medicine. The business of the insurance industry is to accept premiums to take financial risk. This often includes forcing a matter to trial, not because there was acceptable treatment, but rather on the calculated decision that the medical malpractice might not be easily proven or that the spoken and unspoken hurdles might sell to the jury.

How To Know If You Have A Valid Medical Malpractice Suit

When patients go to their doctors for advice or enter the hospital for an operation, they expect to receive the best care possible under the guidelines of medical practice and state laws. Sometimes, the accepted standards of practice are ignored and a health care provider may commit medical malpractice, which often leads to injury and other irreversible consequences. Overall, medical malpractice involves the negligence on the part of professional medical staff.

The issue of medical malpractice is so important in the eyes of the public and government that the United States has developed specific medical malpractice laws to deal with this concern. In order to take suspected medical malpractice case before a court of law, a medical provider must have done something they weren't supposed to do or failed to complete an act they should have performed.

Medical malpractice suits arise when failed medical services result in detrimental injury, decreased chances of recovery, and in the worst cases - death. When a professional in the health care business commits negligence, it is up to the patient to make it known and confirmed. This is often accomplished by taking the issue to court. In the end, a guilty medical care provider will be held accountable for all of the injury or damages their actions (or lack thereof) have caused.

Since medical malpractice is a severe issue, there are certain restrictions imposed that also protects doctors, surgeons, and hospitals from misuse of the judicial system. Varying on a state-to-state basis, a range of strict time limitations are upheld, which prevents the pursuit of certain lawsuits. Whichever state the medical malpractice is said to have taken place is where the injured party must abide by state time limitations. Therefore, if a patient living in Wisconsin received ill treatment in New Jersey, their medical malpractice suit must reflect the regulations set by the state of New Jersey.

While there are state limitations regarding medical malpractice, there are also exceptions to the rule. For instance, the normal time limits for placing a malpractice claim in New York is within two and a half years of the offending act. However, if the malpractice caused injury to a child, New York State provides ten years to bring a case to court. An additional clause states that once a child reaches the age of 20 and a half years of age, they may not bring forward a medical malpractice suit to court. Another exception to the limitation rule is the uncovering of medical instruments left within the body after an operation, where a patient has up to one year after its discovery to make a claim.

In a medical malpractice claim, the involved parties include a plaintiff (the patient) and the defendant (health care provider). Under law, the defendant may include physicians, dentists, nurses, therapists, hospitals, clinics, and other managed health care facilities.

A plaintiff is responsible for proving a variety of case details in order to succeed in their medical malpractice claim. This includes: a duty was owed (care or treatment), a duty was breached (failure to adhere to standards of care), the breach caused injury, and damages came as a result. One of the most important things to prove in a medical malpractice case is that damages occurred during failed medical care. Without damages, a medical malpractice claim has no basis even if a medical provider was indeed negligent in their actions.

When patients go to their doctors for advice or enter the hospital for an operation, they expect to receive the best care possible under the guidelines of medical practice and state laws. Sometimes, the accepted standards of practice are ignored and a health care provider may commit medical malpractice, which often leads to injury and other irreversible consequences. Overall, medical malpractice involves the negligence on the part of professional medical staff.

The issue of medical malpractice is so important in the eyes of the public and government that the United States has developed specific medical malpractice laws to deal with this concern. In order to take suspected medical malpractice case before a court of law, a medical provider must have done something they weren't supposed to do or failed to complete an act they should have performed.

Medical malpractice suits arise when failed medical services result in detrimental injury, decreased chances of recovery, and in the worst cases - death. When a professional in the health care business commits negligence, it is up to the patient to make it known and confirmed. This is often accomplished by taking the issue to court. In the end, a guilty medical care provider will be held accountable for all of the injury or damages their actions (or lack thereof) have caused.

Since medical malpractice is a severe issue, there are certain restrictions imposed that also protects doctors, surgeons, and hospitals from misuse of the judicial system. Varying on a state-to-state basis, a range of strict time limitations are upheld, which prevents the pursuit of certain lawsuits. Whichever state the medical malpractice is said to have taken place is where the injured party must abide by state time limitations. Therefore, if a patient living in Wisconsin received ill treatment in New Jersey, their medical malpractice suit must reflect the regulations set by the state of New Jersey.

While there are state limitations regarding medical malpractice, there are also exceptions to the rule. For instance, the normal time limits for placing a malpractice claim in New York is within two and a half years of the offending act. However, if the malpractice caused injury to a child, New York State provides ten years to bring a case to court. An additional clause states that once a child reaches the age of 20 and a half years of age, they may not bring forward a medical malpractice suit to court. Another exception to the limitation rule is the uncovering of medical instruments left within the body after an operation, where a patient has up to one year after its discovery to make a claim.

In a medical malpractice claim, the involved parties include a plaintiff (the patient) and the defendant (health care provider). Under law, the defendant may include physicians, dentists, nurses, therapists, hospitals, clinics, and other managed health care facilities.

A plaintiff is responsible for proving a variety of case details in order to succeed in their medical malpractice claim. This includes: a duty was owed (care or treatment), a duty was breached (failure to adhere to standards of care), the breach caused injury, and damages came as a result. One of the most important things to prove in a medical malpractice case is that damages occurred during failed medical care. Without damages, a medical malpractice claim has no basis even if a medical provider was indeed negligent in their actions.

Medical Malpractice Law Addressing Medical Malpractice Concerns

Medical malpractice is said to be taking place when a medical practitioner is acting in a negligent manner while undertaking treatment of some medical condition. The medical malpractice law is a branch of personal injury law. This deals with pain and suffering caused owing to some gross mistake(s), negligence or bad judgment on the part of a doctor or other medical practitioner.

Failure to diagnose or wrongly diagnose a disease or medical condition, failure to provide right treatment for the condition and unreasonable delay in treating a medical condition diagnosed are common examples of medical malpractice that are sought to be redressed by enforcement of medical malpractice law.

The roots of the medical malpractice law can be traced back to the nineteenth century English common law. The general law body dealing with injuries to people or property- the tort law included the laws that developed concerning medical malpractices.

In order to win a genuine negligence lawsuit filed regarding medical care the person injured bears the onus of proving that he/she had obtained considerable medical care and such care was the causative of the injury. In the first place a person injured during treatment has to ascertain whether the harm has been the result of inadequate care. Usually the physicians and other medical care providers are not legally bound to tell the patients that they got hurt by medical care that was less than adequate. So, it is the patients themselves (those who suffer adverse outcomes) who need to approach and consult other professionals in the medical field to find out facts. The patient could have been under the care of multiple health care providers in which case the particular provider responsible for the injury needs to be determined.

It may be noted that a medical malpractice lawsuit need be brought within a period prescribed by law. This is referred to as a 'statute of limitation'. Upon bringing the lawsuit the court will inquire into a number of issues prior to deciding whether the medical malpractice has actually occurred. If evidences available provide sufficient indications that medical malpractice has actually occurred then remedial/compensatory/punitive action is ruled.

It needs to be borne in mind that medical malpractice cases are very expensive to litigate and the recovery of damages may be limited by statute. The necessary advice in the regard that is sought from medical experts can be costly too. The highly technical nature of medical malpractice litigation makes it best suited to first approach an attorney who specializes in medical malpractice law with the case. Such attorney will be having the resources needed in order to develop the case, hire the right experts and to take the case for trial at court if necessary.

Medical malpractice is said to be taking place when a medical practitioner is acting in a negligent manner while undertaking treatment of some medical condition. The medical malpractice law is a branch of personal injury law. This deals with pain and suffering caused owing to some gross mistake(s), negligence or bad judgment on the part of a doctor or other medical practitioner.

Failure to diagnose or wrongly diagnose a disease or medical condition, failure to provide right treatment for the condition and unreasonable delay in treating a medical condition diagnosed are common examples of medical malpractice that are sought to be redressed by enforcement of medical malpractice law.

The roots of the medical malpractice law can be traced back to the nineteenth century English common law. The general law body dealing with injuries to people or property- the tort law included the laws that developed concerning medical malpractices.

In order to win a genuine negligence lawsuit filed regarding medical care the person injured bears the onus of proving that he/she had obtained considerable medical care and such care was the causative of the injury. In the first place a person injured during treatment has to ascertain whether the harm has been the result of inadequate care. Usually the physicians and other medical care providers are not legally bound to tell the patients that they got hurt by medical care that was less than adequate. So, it is the patients themselves (those who suffer adverse outcomes) who need to approach and consult other professionals in the medical field to find out facts. The patient could have been under the care of multiple health care providers in which case the particular provider responsible for the injury needs to be determined.

It may be noted that a medical malpractice lawsuit need be brought within a period prescribed by law. This is referred to as a 'statute of limitation'. Upon bringing the lawsuit the court will inquire into a number of issues prior to deciding whether the medical malpractice has actually occurred. If evidences available provide sufficient indications that medical malpractice has actually occurred then remedial/compensatory/punitive action is ruled.

It needs to be borne in mind that medical malpractice cases are very expensive to litigate and the recovery of damages may be limited by statute. The necessary advice in the regard that is sought from medical experts can be costly too. The highly technical nature of medical malpractice litigation makes it best suited to first approach an attorney who specializes in medical malpractice law with the case. Such attorney will be having the resources needed in order to develop the case, hire the right experts and to take the case for trial at court if necessary.

10 Reasons Why Most Victims Won't Recover a Dime

Despite popular opinion about the "skyrocketing" increase in malpractice suits and awards, the number of suits has not increased since 1996, and in most cases, plaintiffs receive nothing. There are a variety of reasons why patients do not recover any compensation for injuries suffered while receiving medical care. Most of these issues stem from general misconceptions about medical malpractice. It is important for potential malpractice victims to understand these issues while seeking counsel to represent their case.

1. Patients don't know they are victims of medical malpractice.

Studies show that roughly 2.9 to 3.7 percent of admitted hospital patients suffer some sort of preventable injury as a result of medical management (i.e., not from the original medical condition). Even more management-related injuries occur outside of the hospital. These injuries are a result of a physician /administrator's affirmative mistake, or that person's failure to act in a particular situation. Types of mistakes include errors in diagnosis, use of automated materials, and inappropriate delay of treatment.

However, one of the most common errors occurs with administering medication. The Massachusetts State Board of Registration in Pharmacy estimates that in Massachusetts alone 2.4 million prescriptions are filled improperly each year, the majority of which involve providing the wrong strength drug, or the wrong drug altogether. Each layer of communication introduces another opportunity for error. Improper diagnoses and negligent supervision of trainees are other common errors, and both have led to disastrous results in many cases. Up to 98,000 patients are killed each year as a result of preventable medical errors, the eighth leading cause of death in the U.S., yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases, however, the fact that a poor medical outcome was caused by malpractice is hidden from the patient.

2. No autopsy was ever performed.

Remember that we must prove both carelessness on the part of the doctor or hospital and that the carelessness resulted in death or injury. In a medical malpractice case that results in death, it is extremely difficult to prove that the death occurred because of the malpractice without an autopsy. This is because there are so many reasons why a person might have died, but we must prove that at least one of the reasons for the death was the negligence or carelessness of the doctor or hospital.

3. A physician's poor bedside manner does not constitute negligence.

In the vast majority of cases, even egregiously poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn't matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care, and not bad bedside manners, that caused injury.

4. The patient suffered no significant damages.

As we noted above, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury is not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don't have the basis for a case. That's because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.

5. The physician or hospital's mismanagement did not necessarily cause the injury suffered.

As discussed earlier, it is very difficult to prove that medical wrongdoing was the reason why the patient suffered the injury that he or she received. The insurance companies have many standard defenses including, for example, that (1)The injury was an unforeseeable consequence of the initial condition/injury, (2)The injury was due to the patient's non-compliance with prior medical advice, (3)The risk of the patient's particular injury was a known, recognized, acceptable risk (acceptable to whom?), (4)Some other party was responsible for causing the injury, or (5)The injury was caused by a previous illness or disease.

Medical malpractice claims must show that the doctor's substandard care, more likely than not, was a substantial factor in causing injury.

6. The injured patient has not retained an experienced attorney.

The world of medical malpractice claims is a world unto its' own. It has its' own special rules and laws. We believe that it is imperative that an experienced medical malpractice attorney or an attorney that is 'teaming up with' an experienced malpractice attorney represent you.

7. The statute of limitations has expired.

This is the time a person has to start a lawsuit. The time limit is very different for a city, state or municipal hospital than it is for a private hospital or doctor. One reason that you should consult an experienced medical malpractice attorney early is to determine when the statute of limitations expires in your case! DON'T LET YOUR TIME RUN OUT without knowing your legal options!

8. Jurors have been biased by the insurance industry.

The insurance industry has spent millions of dollars funding research to suggest that there is a widespread problem with respect to medical malpractice suits. These studies claim that excessive verdicts are causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. It has been proven that increased medical malpractice premiums have nothing to do with lawsuit verdicts! Even the American Insurance Association has said that lawmakers who enact "tort reform" should not expect insurance rates to drop! Jurors who hear the insurance company propaganda then award less of a verdict than they would normally have deemed appropriate. Unfortunately, after the verdict is reduced on appeal, malpractice victims often receive less than is necessary to pay their medical bills for treating the subsequent injury that was caused by the malpractice. Even your doctor probably believes that by capping, or reducing damage awards, this will cure all that is ill with the legal system.

Nothing is further from the truth. The medical malpractice insurance companies are in business to make money. Not to pay out money. The more they pay out in claims, the less profit they and their shareholders take home. I have always asserted that if the doctors wanted satisfaction in reducing their inflated premiums, they should look no further than their own malpractice insurance companies. By demanding rate reductions and by threatening to obtain coverage elsewhere, the insurance companies have to realize that their rates must be re-evaluated. Also troubling is why physicians have not banded together to open competing insurance companies in order to obtain reduced rates.

9. The injured patient is unable to hire good qualified medical experts.

You cannot win a malpractice case without a medical expert. A good expert who is willing to testify can be hard to find. It is becoming increasingly difficult to find doctors who are willing to stand up for what is right and to right a wrong. It takes time and money to find the best experts for your case. This is one area where insurance companies have an advantage. If they have a case that is particularly bad for their doctor, they may show the case to many experts before they find one to support the defense (or concoct a defense). They can afford to hire many experts. Most plaintiffs cannot afford to have ten experts look at their case in order to determine which expert will work 'best' for them.

Increasingly, doctor's professional groups are now attempting to bring claims against doctors who testify against other doctors. These claims seek to revoke the doctor's board certification or punish the expert doctor for testifying for a patient. This has happened recently in the field of neurosurgery and obstetrics and gynecology. The potential threat of professional repercussions for testifying on behalf of a patient will significantly inhibit many doctors from helping injured victims in seeking justice and proper compensation.

10. Juries like doctors.

Folks sitting on juries rely on doctors when they're sick. They trust their doctor. Their family uses the doctor. The doctor has trained for many years to learn their specialty. How can the doctor be faulted for something that would have happened even if good care were rendered? Fighting a malpractice case is an uphill battle. But, with proper information, the right facts, the right experts and an experienced attorney, you stand a much better chance of knowing the risks of taking your case to trial.

Despite popular opinion about the "skyrocketing" increase in malpractice suits and awards, the number of suits has not increased since 1996, and in most cases, plaintiffs receive nothing. There are a variety of reasons why patients do not recover any compensation for injuries suffered while receiving medical care. Most of these issues stem from general misconceptions about medical malpractice. It is important for potential malpractice victims to understand these issues while seeking counsel to represent their case.

1. Patients don't know they are victims of medical malpractice.

Studies show that roughly 2.9 to 3.7 percent of admitted hospital patients suffer some sort of preventable injury as a result of medical management (i.e., not from the original medical condition). Even more management-related injuries occur outside of the hospital. These injuries are a result of a physician /administrator's affirmative mistake, or that person's failure to act in a particular situation. Types of mistakes include errors in diagnosis, use of automated materials, and inappropriate delay of treatment.

However, one of the most common errors occurs with administering medication. The Massachusetts State Board of Registration in Pharmacy estimates that in Massachusetts alone 2.4 million prescriptions are filled improperly each year, the majority of which involve providing the wrong strength drug, or the wrong drug altogether. Each layer of communication introduces another opportunity for error. Improper diagnoses and negligent supervision of trainees are other common errors, and both have led to disastrous results in many cases. Up to 98,000 patients are killed each year as a result of preventable medical errors, the eighth leading cause of death in the U.S., yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases, however, the fact that a poor medical outcome was caused by malpractice is hidden from the patient.

2. No autopsy was ever performed.

Remember that we must prove both carelessness on the part of the doctor or hospital and that the carelessness resulted in death or injury. In a medical malpractice case that results in death, it is extremely difficult to prove that the death occurred because of the malpractice without an autopsy. This is because there are so many reasons why a person might have died, but we must prove that at least one of the reasons for the death was the negligence or carelessness of the doctor or hospital.

3. A physician's poor bedside manner does not constitute negligence.

In the vast majority of cases, even egregiously poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn't matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care, and not bad bedside manners, that caused injury.

4. The patient suffered no significant damages.

As we noted above, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury is not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don't have the basis for a case. That's because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.

5. The physician or hospital's mismanagement did not necessarily cause the injury suffered.

As discussed earlier, it is very difficult to prove that medical wrongdoing was the reason why the patient suffered the injury that he or she received. The insurance companies have many standard defenses including, for example, that (1)The injury was an unforeseeable consequence of the initial condition/injury, (2)The injury was due to the patient's non-compliance with prior medical advice, (3)The risk of the patient's particular injury was a known, recognized, acceptable risk (acceptable to whom?), (4)Some other party was responsible for causing the injury, or (5)The injury was caused by a previous illness or disease.

Medical malpractice claims must show that the doctor's substandard care, more likely than not, was a substantial factor in causing injury.

6. The injured patient has not retained an experienced attorney.

The world of medical malpractice claims is a world unto its' own. It has its' own special rules and laws. We believe that it is imperative that an experienced medical malpractice attorney or an attorney that is 'teaming up with' an experienced malpractice attorney represent you.

7. The statute of limitations has expired.

This is the time a person has to start a lawsuit. The time limit is very different for a city, state or municipal hospital than it is for a private hospital or doctor. One reason that you should consult an experienced medical malpractice attorney early is to determine when the statute of limitations expires in your case! DON'T LET YOUR TIME RUN OUT without knowing your legal options!

8. Jurors have been biased by the insurance industry.

The insurance industry has spent millions of dollars funding research to suggest that there is a widespread problem with respect to medical malpractice suits. These studies claim that excessive verdicts are causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. It has been proven that increased medical malpractice premiums have nothing to do with lawsuit verdicts! Even the American Insurance Association has said that lawmakers who enact "tort reform" should not expect insurance rates to drop! Jurors who hear the insurance company propaganda then award less of a verdict than they would normally have deemed appropriate. Unfortunately, after the verdict is reduced on appeal, malpractice victims often receive less than is necessary to pay their medical bills for treating the subsequent injury that was caused by the malpractice. Even your doctor probably believes that by capping, or reducing damage awards, this will cure all that is ill with the legal system.

Nothing is further from the truth. The medical malpractice insurance companies are in business to make money. Not to pay out money. The more they pay out in claims, the less profit they and their shareholders take home. I have always asserted that if the doctors wanted satisfaction in reducing their inflated premiums, they should look no further than their own malpractice insurance companies. By demanding rate reductions and by threatening to obtain coverage elsewhere, the insurance companies have to realize that their rates must be re-evaluated. Also troubling is why physicians have not banded together to open competing insurance companies in order to obtain reduced rates.

9. The injured patient is unable to hire good qualified medical experts.

You cannot win a malpractice case without a medical expert. A good expert who is willing to testify can be hard to find. It is becoming increasingly difficult to find doctors who are willing to stand up for what is right and to right a wrong. It takes time and money to find the best experts for your case. This is one area where insurance companies have an advantage. If they have a case that is particularly bad for their doctor, they may show the case to many experts before they find one to support the defense (or concoct a defense). They can afford to hire many experts. Most plaintiffs cannot afford to have ten experts look at their case in order to determine which expert will work 'best' for them.

Increasingly, doctor's professional groups are now attempting to bring claims against doctors who testify against other doctors. These claims seek to revoke the doctor's board certification or punish the expert doctor for testifying for a patient. This has happened recently in the field of neurosurgery and obstetrics and gynecology. The potential threat of professional repercussions for testifying on behalf of a patient will significantly inhibit many doctors from helping injured victims in seeking justice and proper compensation.

10. Juries like doctors.

Folks sitting on juries rely on doctors when they're sick. They trust their doctor. Their family uses the doctor. The doctor has trained for many years to learn their specialty. How can the doctor be faulted for something that would have happened even if good care were rendered? Fighting a malpractice case is an uphill battle. But, with proper information, the right facts, the right experts and an experienced attorney, you stand a much better chance of knowing the risks of taking your case to trial.

Medical Malpractice and the Law

Medical malpractice cases can be big news, but these cases run the gamut from minor injuries to permanent injuries to death. What is medical malpractice? It's a mistake, often called medical negligence, made by a doctor, nurse, or other medical professional that results in a patient's injury. Doctors and medical facilities maintain malpractice insurance policies to pay for these mistakes, and patients can file lawsuits against the doctor and medical facility or hospital to receive money for the injuries.

The most obvious type of medical malpractice is a mistake made during surgery. This famously happened to comedian and former Saturday Night Live star, Dana Carvey. He had a blocked artery to his heart, but the surgeon ended up operating on the wrong artery. This meant that Carvey had to undergo a second surgery. In this high profile medical malpractice case, Carvey was awarded $7.5 million.

Other surgical mistakes could lead to infection, paralysis, accidentally cutting a vital organ, or leaving a foreign object inside the patient's body. Surgical mistakes are only one type of medical malpractice, however. These cases can involve any number of mistakes, such as:

Misdiagnosis - A doctor may inaccurately determine that a patient has one condition or disease when it is later discovered that the patient had a different condition or disease. If the real disease goes untreated, it can lead to injury or death. A misdiagnosis may also lead the doctor to prescribe the wrong medications or unnecessary surgery, which can cause injury to the patient.

Delayed diagnosis - In this case, the physician fails to determine that the patient has a serious illness such as cancer or heart disease. Obviously, if the person isn't treated because the doctor failed to recognize the illness, it could lead to injury or death. A delay can also occur if someone is forced to wait in an emergency room for too long, for example.

Anesthesia Mistakes - Anesthesiologists are responsible for the medication that causes a patient to sleep during a medical procedure. Since people can be sensitive to these medications, it's the responsibility of the anesthesiologist to review a patient's medical history to try to ensure that the anesthesia medication won't cause problems. If it does, the anesthesiologist and medical facility may be sued for the patient's injuries.

Prescriptions - Before prescribing medications, a doctor needs to know all other medications that a patient may be taking because it can be dangerous to mix them. It can also be dangerous to take some medications if the patient has a specific disease. For example, a particular heart medication may be dangerous for someone with Parkinson's Disease.

Childbirth - If medical personnel make mistakes during childbirth, the result can be death or permanent disabilities, such as brain damage in the baby.

Of course, these are just a few of the more common forms of medical malpractice. Dental malpractice and all sorts of other possibilities exist in the medical field.

What to Do If You Have Been Injured by Medical Malpractice

If you believe that you or a loved one has been injured by medical malpractice, the first thing you need to do is consult a lawyer. These kinds of cases can be very complicated, so it's absolutely necessary to have an experienced attorney working on your behalf.

Why are these cases so complicated? It can often be difficult to prove that the medical professionals acted negligently. All medical records have to be carefully examined to determine if malpractice really did take place. Did the doctor not perform his or her duties up to the standards expected of the profession? This can be likened to a driver who runs a red light or doesn't stop for a stop light.

It is also important to note that each state has what is called a "statute of limitations" on medical malpractice claims. So, you need to act quickly if you believe malpractice has taken place because after a period of time, you will no longer be allowed to file a lawsuit.

Most lawyers who work on medical malpractice cases don't require you to pay them a fee up front. They work on what is called a "contingency" basis, which means that they take a percentage of the total settlement you receive when the case is finished. The lawyer takes a certain risk here, so it's to the lawyer's advantage to only take cases that are likely to lead to a settlement that will be higher than the costs of the lawsuit. This means, first and foremost, that there must be what is called "causation."

Causation means that it must be provable that the injury occurred as a direct result of the medical professional's negligence. Most of the lawyers who handle medical malpractice cases have medical investigators to help them develop the evidence to prove that you or your loved one was indeed a victim of malpractice.

It's also to the lawyer's advantage to try to get you as much money as possible and to try to keep your case from going to court. This means that the lawyer will negotiate on your behalf with the lawyer for the malpractice insurance company, working to obtain a settlement for you. Experienced medical malpractice attorneys know what settlement amounts are reasonable to expect for different kinds of cases.

How long do medical malpractice lawsuits take to settle? This varies greatly and depends on a number of factors. The more complex the issues involved, of course, the longer it will probably take before a settlement will be reached.

The most important reason for filing a medical malpractice lawsuit is to receive the money you need for medical care related to the injury. If the injury is permanent, such as in the case of cerebral palsy or paralysis, the costs can be enormous and will last a lifetime. The injured person or the caretaker of the injured person may not be able to work for a period of time, so there may also be a loss of income - before the settlement and perhaps also in the future.

In addition, there may be money awarded for what is called "pain and suffering" and for "loss of consortium," which refers to a loss of benefits by the injured person's husband or wife. Punitive damages are also sometimes awarded, which is punishment when the negligence is extreme. Monies in the settlement that are for non-economic damages, such as pain and suffering, punitive damages, and loss of consortium, are restricted in some U.S. states.

Medical malpractice cases can be big news, but these cases run the gamut from minor injuries to permanent injuries to death. What is medical malpractice? It's a mistake, often called medical negligence, made by a doctor, nurse, or other medical professional that results in a patient's injury. Doctors and medical facilities maintain malpractice insurance policies to pay for these mistakes, and patients can file lawsuits against the doctor and medical facility or hospital to receive money for the injuries.

The most obvious type of medical malpractice is a mistake made during surgery. This famously happened to comedian and former Saturday Night Live star, Dana Carvey. He had a blocked artery to his heart, but the surgeon ended up operating on the wrong artery. This meant that Carvey had to undergo a second surgery. In this high profile medical malpractice case, Carvey was awarded $7.5 million.

Other surgical mistakes could lead to infection, paralysis, accidentally cutting a vital organ, or leaving a foreign object inside the patient's body. Surgical mistakes are only one type of medical malpractice, however. These cases can involve any number of mistakes, such as:

Misdiagnosis - A doctor may inaccurately determine that a patient has one condition or disease when it is later discovered that the patient had a different condition or disease. If the real disease goes untreated, it can lead to injury or death. A misdiagnosis may also lead the doctor to prescribe the wrong medications or unnecessary surgery, which can cause injury to the patient.

Delayed diagnosis - In this case, the physician fails to determine that the patient has a serious illness such as cancer or heart disease. Obviously, if the person isn't treated because the doctor failed to recognize the illness, it could lead to injury or death. A delay can also occur if someone is forced to wait in an emergency room for too long, for example.

Anesthesia Mistakes - Anesthesiologists are responsible for the medication that causes a patient to sleep during a medical procedure. Since people can be sensitive to these medications, it's the responsibility of the anesthesiologist to review a patient's medical history to try to ensure that the anesthesia medication won't cause problems. If it does, the anesthesiologist and medical facility may be sued for the patient's injuries.

Prescriptions - Before prescribing medications, a doctor needs to know all other medications that a patient may be taking because it can be dangerous to mix them. It can also be dangerous to take some medications if the patient has a specific disease. For example, a particular heart medication may be dangerous for someone with Parkinson's Disease.

Childbirth - If medical personnel make mistakes during childbirth, the result can be death or permanent disabilities, such as brain damage in the baby.

Of course, these are just a few of the more common forms of medical malpractice. Dental malpractice and all sorts of other possibilities exist in the medical field.

What to Do If You Have Been Injured by Medical Malpractice

If you believe that you or a loved one has been injured by medical malpractice, the first thing you need to do is consult a lawyer. These kinds of cases can be very complicated, so it's absolutely necessary to have an experienced attorney working on your behalf.

Why are these cases so complicated? It can often be difficult to prove that the medical professionals acted negligently. All medical records have to be carefully examined to determine if malpractice really did take place. Did the doctor not perform his or her duties up to the standards expected of the profession? This can be likened to a driver who runs a red light or doesn't stop for a stop light.

It is also important to note that each state has what is called a "statute of limitations" on medical malpractice claims. So, you need to act quickly if you believe malpractice has taken place because after a period of time, you will no longer be allowed to file a lawsuit.

Most lawyers who work on medical malpractice cases don't require you to pay them a fee up front. They work on what is called a "contingency" basis, which means that they take a percentage of the total settlement you receive when the case is finished. The lawyer takes a certain risk here, so it's to the lawyer's advantage to only take cases that are likely to lead to a settlement that will be higher than the costs of the lawsuit. This means, first and foremost, that there must be what is called "causation."

Causation means that it must be provable that the injury occurred as a direct result of the medical professional's negligence. Most of the lawyers who handle medical malpractice cases have medical investigators to help them develop the evidence to prove that you or your loved one was indeed a victim of malpractice.

It's also to the lawyer's advantage to try to get you as much money as possible and to try to keep your case from going to court. This means that the lawyer will negotiate on your behalf with the lawyer for the malpractice insurance company, working to obtain a settlement for you. Experienced medical malpractice attorneys know what settlement amounts are reasonable to expect for different kinds of cases.

How long do medical malpractice lawsuits take to settle? This varies greatly and depends on a number of factors. The more complex the issues involved, of course, the longer it will probably take before a settlement will be reached.

The most important reason for filing a medical malpractice lawsuit is to receive the money you need for medical care related to the injury. If the injury is permanent, such as in the case of cerebral palsy or paralysis, the costs can be enormous and will last a lifetime. The injured person or the caretaker of the injured person may not be able to work for a period of time, so there may also be a loss of income - before the settlement and perhaps also in the future.

In addition, there may be money awarded for what is called "pain and suffering" and for "loss of consortium," which refers to a loss of benefits by the injured person's husband or wife. Punitive damages are also sometimes awarded, which is punishment when the negligence is extreme. Monies in the settlement that are for non-economic damages, such as pain and suffering, punitive damages, and loss of consortium, are restricted in some U.S. states.

Medical Negligence FAQs

What is medical negligence?

Medical negligence occurs when a medical provider fails to exercise the kind of care and prudence that other providers in the same field of medicine provide. Medical negligence can occur in the form of recklessness, inattentiveness, or an omission. Common types of malpractice include misdiagnosis, failure to provide proper treatment of a patient's ailment, administration of the wrong medication, and the failure to inform the patient of the risks associated with a treatment or with information about alternative treatments. Tort law governs medical negligence. To establish that a provider's negligence was malpractice, a claimant must establish the following:

1. The healthcare provider owed a duty to the plaintiff;
2. The healthcare provider breached the duty;
3. The healthcare provider's breach caused the injury; and
4. The patient suffered damages because of the defendant's negligence.

Sometimes it is apparent that a medical provider's actions were the cause of a patient's injury. When this happens, a claimant can use the doctrine of res ipsa loquitur to establish negligence. Res ipsa loquitur means "the thing that speaks for itself." When the injury itself presents a reasonable basis for the inference that the medical provider breached the duty of care, a claimant may use this doctrine to establish fault. The claimant must prove the following to establish medical negligence using res ipsa loquitur:

1. The type of injury would not usually occur in the absence of negligence;
2. The instrumentality that caused the injury was in the sole control of the defendant; and
3. The plaintiff's conduct did not produce or contribute to the injury.

What is the "standard of care" for medical providers?

The "standard of care" for a medical provider is based on the kind of care and knowledge that a healthcare provider in the same field would exercise. Every person owes a duty to act as a reasonable and prudent person would, but a higher duty exists for healthcare providers. Medical providers have a special skill, and consequently, the law requires that they possess the same kind of knowledge and skill that a person in the same profession would exercise.

A court will likely find that a provider failed to meet the standard of care when he or she was unable to exercise the same kind of care as others in the same profession. A general practitioner is expected to act as a general practitioner would in the same geographic area and a specialist must possess the skills that a member of the specialty normally would have. A court will use medical experts in a particular field or experts with expertise with a procedure to establish the standard of care in medical negligence cases.

Who is liable for medical negligence?

Any type of medical provider, such as a doctor, nurse, or technician, can be liable for medical negligence. In addition to a medical provider, a hospital is sometimes liable under the doctrine of vicarious liability. Most of the time, another person is not legally responsible for the actions of others. However, sometimes an employer is liable for an employee's actions when the employee's actions occur during the course of employment. This means that even if the employer did not directly cause the injury, liability may attach when the employee was performing a job function. Consequently, a hospital may be liable for the actions of the medical providers it employs. In some circumstances, a court will hold a hospital liable for the actions of a healthcare provider it does not employ if the hospital led the patient to believe that the hospital employed the provider. This may occur in a situation where the medical provider was a contractor.

What is informed consent?

A healthcare provider must provide a patient with information about risks, benefits, and alternatives to a medical procedure or a type of medical treatment. This is called "informed consent." Informed consent is unnecessary in the following situations: in an emergency when the patient is unconscious or when a family member is unavailable to give consent. In these situations, a medical provider may perform a procedure without receiving consent from the patient or family members. The failure to give informed consent in other situations may amount to medical malpractice.

What kind of compensation is available for medical negligence?

Every state has regulations that determine the type of compensation a claimant may recover. Most states will allow a plaintiff to receive damages for past, present, and future medical treatment, lost wages, and pain and suffering. A court will determine noneconomic damages, such as pain and suffering, by evaluating the impact of the injury on the claimant's life. The embarrassment caused by the injury, the permanency of the injury, and the emotional distress are factors that determine the damage award.

Can a third party recover compensation for medical negligence under the doctrine of "subrogation"?

An insurance company or another party that pays for an injured person's medical treatment can recover compensation from the party responsible for the medical negligence. In effect, the third party inherits the rights of the injured claimant. Consequently, the third party can sue the healthcare provider and recover damages for the claimant's injuries.

What is the statute of limitations for medical negligence?

What is medical negligence?

Medical negligence occurs when a medical provider fails to exercise the kind of care and prudence that other providers in the same field of medicine provide. Medical negligence can occur in the form of recklessness, inattentiveness, or an omission. Common types of malpractice include misdiagnosis, failure to provide proper treatment of a patient's ailment, administration of the wrong medication, and the failure to inform the patient of the risks associated with a treatment or with information about alternative treatments. Tort law governs medical negligence. To establish that a provider's negligence was malpractice, a claimant must establish the following:

1. The healthcare provider owed a duty to the plaintiff;
2. The healthcare provider breached the duty;
3. The healthcare provider's breach caused the injury; and
4. The patient suffered damages because of the defendant's negligence.

Sometimes it is apparent that a medical provider's actions were the cause of a patient's injury. When this happens, a claimant can use the doctrine of res ipsa loquitur to establish negligence. Res ipsa loquitur means "the thing that speaks for itself." When the injury itself presents a reasonable basis for the inference that the medical provider breached the duty of care, a claimant may use this doctrine to establish fault. The claimant must prove the following to establish medical negligence using res ipsa loquitur:

1. The type of injury would not usually occur in the absence of negligence;
2. The instrumentality that caused the injury was in the sole control of the defendant; and
3. The plaintiff's conduct did not produce or contribute to the injury.

What is the "standard of care" for medical providers?

The "standard of care" for a medical provider is based on the kind of care and knowledge that a healthcare provider in the same field would exercise. Every person owes a duty to act as a reasonable and prudent person would, but a higher duty exists for healthcare providers. Medical providers have a special skill, and consequently, the law requires that they possess the same kind of knowledge and skill that a person in the same profession would exercise.

A court will likely find that a provider failed to meet the standard of care when he or she was unable to exercise the same kind of care as others in the same profession. A general practitioner is expected to act as a general practitioner would in the same geographic area and a specialist must possess the skills that a member of the specialty normally would have. A court will use medical experts in a particular field or experts with expertise with a procedure to establish the standard of care in medical negligence cases.

Who is liable for medical negligence?

Any type of medical provider, such as a doctor, nurse, or technician, can be liable for medical negligence. In addition to a medical provider, a hospital is sometimes liable under the doctrine of vicarious liability. Most of the time, another person is not legally responsible for the actions of others. However, sometimes an employer is liable for an employee's actions when the employee's actions occur during the course of employment. This means that even if the employer did not directly cause the injury, liability may attach when the employee was performing a job function. Consequently, a hospital may be liable for the actions of the medical providers it employs. In some circumstances, a court will hold a hospital liable for the actions of a healthcare provider it does not employ if the hospital led the patient to believe that the hospital employed the provider. This may occur in a situation where the medical provider was a contractor.

What is informed consent?

A healthcare provider must provide a patient with information about risks, benefits, and alternatives to a medical procedure or a type of medical treatment. This is called "informed consent." Informed consent is unnecessary in the following situations: in an emergency when the patient is unconscious or when a family member is unavailable to give consent. In these situations, a medical provider may perform a procedure without receiving consent from the patient or family members. The failure to give informed consent in other situations may amount to medical malpractice.

What kind of compensation is available for medical negligence?

Every state has regulations that determine the type of compensation a claimant may recover. Most states will allow a plaintiff to receive damages for past, present, and future medical treatment, lost wages, and pain and suffering. A court will determine noneconomic damages, such as pain and suffering, by evaluating the impact of the injury on the claimant's life. The embarrassment caused by the injury, the permanency of the injury, and the emotional distress are factors that determine the damage award.

Can a third party recover compensation for medical negligence under the doctrine of "subrogation"?

An insurance company or another party that pays for an injured person's medical treatment can recover compensation from the party responsible for the medical negligence. In effect, the third party inherits the rights of the injured claimant. Consequently, the third party can sue the healthcare provider and recover damages for the claimant's injuries.

What is the statute of limitations for medical negligence?

Medical Malpractice - It Happens More Often Than You Think

Medical malpractice can occur whenever a patient is in the care of a healthcare professional. This can involve the failure or delay in properly diagnosing or treating an illness or injury so that it causes new or aggravated injuries.

Medical malpractice attorneys like Ken Lewis at Bush Lewis P.L.L.C. in Beaumont, Texas, help thousands of people every year who have been the victim of medical malpractice or medical negligence.

Many people don't realize how frequently medical malpractice occurs. In fact, thousands of people every year are either injured from medical malpractice or medical negligence, or die from injuries or illnesses that could have been prevented or treated with proper medical care.

If you or a loved one has been injured or if a loved one has died as a result of medical malpractice, contact an experienced medical malpractice attorney. Medical malpractice claims can be difficult because health records must be researched and rules and regulations must be followed in order to prove that injuries were sustained or aggravated as a result of the medical malpractice or medical negligence.

"I investigate the victim's medical history," says, Ken Lewis in Beaumont, Texas, "this way, I can show that their injuries or illness is the result of the breach of standards from a healthcare professional, healthcare facility, or hospital."

Since medical malpractice can occur in many different situations, medical malpractice claims can take many different forms, for many different reasons. Some of the common medical malpractice claims are:

· Birth Injury - when an infant is born, it is a very delicate situation, and medical malpractice can arise because of errors made in the delivery or care of the infant.

· Cerebral Palsy - is a medical condition that is caused by brain damage from a number of reasons. Many times, cerebral palsy is caused by medical malpractice or medical errors, such as birth injury.

· Failure to Diagnose - if your healthcare provider fails to diagnose you for an illness, they could be held liable for medical malpractice because they did not prescribe a treatment, and thus allowed the illness to progress.

· Medication Errors - if you are prescribed the wrong medication it is medical malpractice, and the results can be disastrous. If you are allergic to certain substances, the wrong medication can even cause death.

· Defective Medical Devices - if you are injured or suffer medical problems because you are prescribed or given a defective medical device, the healthcare provider can be held responsible for the resulting injury.

· Wrongful Death - Thousands of people die every year from medical malpractice. If you believe your loved one died due to medical malpractice, contact an experienced medical malpractice attorney.

Medical malpractice can cause serious health problems. If you have been the victim of medical malpractice, you are entitled to compensation for the resulting medical bills, lost wages, loss of enjoyment of life, and other damages.

Medical malpractice can occur whenever a patient is in the care of a healthcare professional. This can involve the failure or delay in properly diagnosing or treating an illness or injury so that it causes new or aggravated injuries.

Medical malpractice attorneys like Ken Lewis at Bush Lewis P.L.L.C. in Beaumont, Texas, help thousands of people every year who have been the victim of medical malpractice or medical negligence.

Many people don't realize how frequently medical malpractice occurs. In fact, thousands of people every year are either injured from medical malpractice or medical negligence, or die from injuries or illnesses that could have been prevented or treated with proper medical care.

If you or a loved one has been injured or if a loved one has died as a result of medical malpractice, contact an experienced medical malpractice attorney. Medical malpractice claims can be difficult because health records must be researched and rules and regulations must be followed in order to prove that injuries were sustained or aggravated as a result of the medical malpractice or medical negligence.

"I investigate the victim's medical history," says, Ken Lewis in Beaumont, Texas, "this way, I can show that their injuries or illness is the result of the breach of standards from a healthcare professional, healthcare facility, or hospital."

Since medical malpractice can occur in many different situations, medical malpractice claims can take many different forms, for many different reasons. Some of the common medical malpractice claims are:

· Birth Injury - when an infant is born, it is a very delicate situation, and medical malpractice can arise because of errors made in the delivery or care of the infant.

· Cerebral Palsy - is a medical condition that is caused by brain damage from a number of reasons. Many times, cerebral palsy is caused by medical malpractice or medical errors, such as birth injury.

· Failure to Diagnose - if your healthcare provider fails to diagnose you for an illness, they could be held liable for medical malpractice because they did not prescribe a treatment, and thus allowed the illness to progress.

· Medication Errors - if you are prescribed the wrong medication it is medical malpractice, and the results can be disastrous. If you are allergic to certain substances, the wrong medication can even cause death.

· Defective Medical Devices - if you are injured or suffer medical problems because you are prescribed or given a defective medical device, the healthcare provider can be held responsible for the resulting injury.

· Wrongful Death - Thousands of people die every year from medical malpractice. If you believe your loved one died due to medical malpractice, contact an experienced medical malpractice attorney.

Medical malpractice can cause serious health problems. If you have been the victim of medical malpractice, you are entitled to compensation for the resulting medical bills, lost wages, loss of enjoyment of life, and other damages.

Do I Have a Medical Malpractice Wrongful Death Case?

The scope of the medical malpractice problem.

Statistics vary dramatically on the number of medical mistakes that occur in the United States. Some studies place the number of medical mistakes in excess of one million annually while other studies place the number as low as a few hundred thousand. It is widely accepted however that iatrogenic disease (disease or injury caused by a medical mistake or medical treatment) is the third leading cause of death in the United States after heart disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has limited his practice to representation of victims injured by someone else's negligence, medical or otherwise, I have received thousands of calls from prospective clients over the last 20 years asking me if they have a medical malpractice case. Since medical malpractice litigation is very expensive and very protracted the lawyers in our firm are very careful what medical malpractice cases in which we choose to get involved. It is not at all uncommon for an attorney, or law firm to advance litigation expenses in excess of $100,000.00 just to get a case to trial. These expenses are the costs associated with pursuing the litigation which include expert witness fees, deposition costs, exhibit preparation and court costs. What follows is an outline of the issues, questions and considerations that the lawyers in our firm consider when discussing with a client a prospective medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Standard of Care" for medical doctors (or nurses, chiropractors, dentists, podiatrists etc...) which results in an injury or death. "Standard of Care" means medical treatment that a reasonable, prudent medical provider in the same community should provide. Most cases involve a dispute over what the applicable standard of care is. The standard of care is usually provided through the use of expert testimony from consulting doctors that practice or teach medicine in the same specialty as the defendant(s).

When did the malpractice happen (Statute of Limitations)?

In Ohio the medical malpractice statute of limitations is one year from the date of the malpractice, or the last date the defendant treated the plaintiff (victim) or the date the plaintiff discovered or reasonably should have discovered the malpractice. Some states have a two year statute of limitations. In Ohio if the victim is a minor the statute of limitations will not even begin to run until the minor becomes 18 years old. Be advised however derivative claims for parents may run many years earlier. If you think you might have a case it is important you contact a lawyer soon. Irrespective of the statute of limitations, doctors relocate, witnesses disappear and memories fade. The sooner counsel is engaged the sooner important evidence can be preserved and the better your chances are of prevailing.

What did the doctor do or fail to do?

Simply because a patient does not have a successful result from a surgery, medical procedure or medical treatment does not in and of itself mean the doctor made a mistake. Medical practice is by no means a guarantee of good health or a complete recovery. Most of the time when a patient experiences an unsuccessful result from medical treatment it is not because the medical provider made a mistake. Most of the time when there is a bad medical result it is despite good, quality medical care not because of sub-standard medical care.

When discussing a potential case with a client it is important that the client be able to tell us why they think there was medical negligence. As we all know people often die from cancer, heart disease or organ failure even with good medical care. However, we also know that people usually should not die from knee surgery, appendix removal, hernia repair or some other "minor" surgery. When something very unexpected like that happens it certainly is worth exploring whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Most lawyers do not charge for an initial consultation in negligence cases.

So what if there was a medical mistake (proximate cause)?

In any negligence case not only is the burden of proof on the plaintiff to prove the medical malpractice the plaintiff must also prove that as a direct result of the medical negligence some injury or death resulted (damages). This is called "proximate cause." Since medical malpractice litigation is so expensive to pursue the injuries must be significant to warrant moving forward with the case. All medical mistakes are "malpractice" however only a small percentage of mistakes give rise to medical malpractice cases.

By way of example, if a parent takes his son to the emergency room after a skateboard accident and the ER doctor doesn't do x-rays despite an obvious bend in the child's forearm and tells the dad his son has "just a sprain" this likely is medical malpractice. But, if the child is properly diagnosed within a few days and makes a complete recovery it is unlikely the "damages" are severe enough to undertake a lawsuit that likely would cost in excess of $50,000.00. However, if because of the delay in being properly diagnosed, the boy has to have his arm re-broken and the growth plate is irreparably damaged due to the delay then the damages likely would warrant further investigation and a possible lawsuit.

Other important considerations.

Other issues that are important when determining whether a client has a malpractice case include the victim's behavior and medical history. Did the victim do anything to cause or contribute to the bad medical result? A common tactic of medical malpractice defense attorneys is to blame the patient. If it is a birth trauma case, did the mom have proper prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the patient follow the doctor's orders, keep his appointments, take his medicine as instructed and tell the doctor the truth? These are facts that we need to know in order to determine whether the doctor will have a valid defense to the malpractice lawsuit?

What happens if it looks like there is a case?

If it appears that the patient may have been a victim of a medical mistake, the medical mistake caused a significant injury or death and the patient was compliant with his doctor's orders, then we need to get the patient's medical records. In most cases, obtaining the medical records involves nothing more mailing a release signed by the client to the doctor and/or hospital along with a letter requesting the records. In the case of wrongful death, an executor of the victims estate needs to be appointed in the local county probate court and then the executor can sign the release requesting the records.

Once the records are received we review them to make sure they are complete. It is not unusual in medical negligence cases to receive incomplete medical charts. Once all the relevant records are obtained they are provided to a qualified medical expert for review and opinion. If the case is against an emergency room doctor we have an emergency room doctor review the case, if it's against a cardiologist we need to obtain an opinion from a cardiologist, etc.

Primarily, what we want to know form the expert is 1) was the medical care provided below the standard of care, 2) did the violation of the standard of care result in the patients injury or death? If the doctors opinion is favorable on both counts a lawsuit will be prepared on the client's behalf and usually filed in the court of common pleas in the county where the malpractice was committed or in the county where the defendant lives. In some limited situations jurisdiction for the malpractice lawsuit could be federal court or some other court.

Conclusion

In sum, a good malpractice lawyer will carefully and thoroughly review any potential malpractice case before filing a lawsuit. It's not fair to the victim or the doctors to file a lawsuit unless the expert tells us that he thinks there is a strong basis to bring the lawsuit. Due to the expense of pursuing a medical negligence action no good lawyer has the time or resources to waste on a "frivolous lawsuit."

When consulting with a malpractice lawyer it's important to accurately give the lawyer as much detail as possible and answer the lawyer's questions as completely as possible. Prior to talking to a lawyer consider making some notes so you don't forget some important fact or situation the lawyer might need.

Lastly, if you think you might have a malpractice case contact a good malpractice lawyer as soon as possible so there are no statute of limitations problems in your case.

The scope of the medical malpractice problem.

Statistics vary dramatically on the number of medical mistakes that occur in the United States. Some studies place the number of medical mistakes in excess of one million annually while other studies place the number as low as a few hundred thousand. It is widely accepted however that iatrogenic disease (disease or injury caused by a medical mistake or medical treatment) is the third leading cause of death in the United States after heart disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has limited his practice to representation of victims injured by someone else's negligence, medical or otherwise, I have received thousands of calls from prospective clients over the last 20 years asking me if they have a medical malpractice case. Since medical malpractice litigation is very expensive and very protracted the lawyers in our firm are very careful what medical malpractice cases in which we choose to get involved. It is not at all uncommon for an attorney, or law firm to advance litigation expenses in excess of $100,000.00 just to get a case to trial. These expenses are the costs associated with pursuing the litigation which include expert witness fees, deposition costs, exhibit preparation and court costs. What follows is an outline of the issues, questions and considerations that the lawyers in our firm consider when discussing with a client a prospective medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Standard of Care" for medical doctors (or nurses, chiropractors, dentists, podiatrists etc...) which results in an injury or death. "Standard of Care" means medical treatment that a reasonable, prudent medical provider in the same community should provide. Most cases involve a dispute over what the applicable standard of care is. The standard of care is usually provided through the use of expert testimony from consulting doctors that practice or teach medicine in the same specialty as the defendant(s).

When did the malpractice happen (Statute of Limitations)?

In Ohio the medical malpractice statute of limitations is one year from the date of the malpractice, or the last date the defendant treated the plaintiff (victim) or the date the plaintiff discovered or reasonably should have discovered the malpractice. Some states have a two year statute of limitations. In Ohio if the victim is a minor the statute of limitations will not even begin to run until the minor becomes 18 years old. Be advised however derivative claims for parents may run many years earlier. If you think you might have a case it is important you contact a lawyer soon. Irrespective of the statute of limitations, doctors relocate, witnesses disappear and memories fade. The sooner counsel is engaged the sooner important evidence can be preserved and the better your chances are of prevailing.

What did the doctor do or fail to do?

Simply because a patient does not have a successful result from a surgery, medical procedure or medical treatment does not in and of itself mean the doctor made a mistake. Medical practice is by no means a guarantee of good health or a complete recovery. Most of the time when a patient experiences an unsuccessful result from medical treatment it is not because the medical provider made a mistake. Most of the time when there is a bad medical result it is despite good, quality medical care not because of sub-standard medical care.

When discussing a potential case with a client it is important that the client be able to tell us why they think there was medical negligence. As we all know people often die from cancer, heart disease or organ failure even with good medical care. However, we also know that people usually should not die from knee surgery, appendix removal, hernia repair or some other "minor" surgery. When something very unexpected like that happens it certainly is worth exploring whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Most lawyers do not charge for an initial consultation in negligence cases.

So what if there was a medical mistake (proximate cause)?

In any negligence case not only is the burden of proof on the plaintiff to prove the medical malpractice the plaintiff must also prove that as a direct result of the medical negligence some injury or death resulted (damages). This is called "proximate cause." Since medical malpractice litigation is so expensive to pursue the injuries must be significant to warrant moving forward with the case. All medical mistakes are "malpractice" however only a small percentage of mistakes give rise to medical malpractice cases.

By way of example, if a parent takes his son to the emergency room after a skateboard accident and the ER doctor doesn't do x-rays despite an obvious bend in the child's forearm and tells the dad his son has "just a sprain" this likely is medical malpractice. But, if the child is properly diagnosed within a few days and makes a complete recovery it is unlikely the "damages" are severe enough to undertake a lawsuit that likely would cost in excess of $50,000.00. However, if because of the delay in being properly diagnosed, the boy has to have his arm re-broken and the growth plate is irreparably damaged due to the delay then the damages likely would warrant further investigation and a possible lawsuit.

Other important considerations.

Other issues that are important when determining whether a client has a malpractice case include the victim's behavior and medical history. Did the victim do anything to cause or contribute to the bad medical result? A common tactic of medical malpractice defense attorneys is to blame the patient. If it is a birth trauma case, did the mom have proper prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the patient follow the doctor's orders, keep his appointments, take his medicine as instructed and tell the doctor the truth? These are facts that we need to know in order to determine whether the doctor will have a valid defense to the malpractice lawsuit?

What happens if it looks like there is a case?

If it appears that the patient may have been a victim of a medical mistake, the medical mistake caused a significant injury or death and the patient was compliant with his doctor's orders, then we need to get the patient's medical records. In most cases, obtaining the medical records involves nothing more mailing a release signed by the client to the doctor and/or hospital along with a letter requesting the records. In the case of wrongful death, an executor of the victims estate needs to be appointed in the local county probate court and then the executor can sign the release requesting the records.

Once the records are received we review them to make sure they are complete. It is not unusual in medical negligence cases to receive incomplete medical charts. Once all the relevant records are obtained they are provided to a qualified medical expert for review and opinion. If the case is against an emergency room doctor we have an emergency room doctor review the case, if it's against a cardiologist we need to obtain an opinion from a cardiologist, etc.

Primarily, what we want to know form the expert is 1) was the medical care provided below the standard of care, 2) did the violation of the standard of care result in the patients injury or death? If the doctors opinion is favorable on both counts a lawsuit will be prepared on the client's behalf and usually filed in the court of common pleas in the county where the malpractice was committed or in the county where the defendant lives. In some limited situations jurisdiction for the malpractice lawsuit could be federal court or some other court.

Conclusion

In sum, a good malpractice lawyer will carefully and thoroughly review any potential malpractice case before filing a lawsuit. It's not fair to the victim or the doctors to file a lawsuit unless the expert tells us that he thinks there is a strong basis to bring the lawsuit. Due to the expense of pursuing a medical negligence action no good lawyer has the time or resources to waste on a "frivolous lawsuit."

When consulting with a malpractice lawyer it's important to accurately give the lawyer as much detail as possible and answer the lawyer's questions as completely as possible. Prior to talking to a lawyer consider making some notes so you don't forget some important fact or situation the lawyer might need.

Lastly, if you think you might have a malpractice case contact a good malpractice lawyer as soon as possible so there are no statute of limitations problems in your case.

COMMON TYPES OF MEDICAL MALPRACTICE

Medical malpractice, commonly called "medmal" for short, generally occurs when a negligent, careless or reckless act, mistake, error, or omission by a doctor or other medical professional causes damage or harm to a patient. It has been estimated that almost 98,000 people die in hospitals in the United States each year, and that medication errors injure approximately 1.3 million people per year. Medical malpractice errors or negligence typically occur in the diagnosis or treatment of a patient, and may include, but are not limited to:

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

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

ELEMENTS OF A MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE CLAIM

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

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

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

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

INFORMED CONSENT CLAIM

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

BREACH OF CONTRACT OR WARRANTY CLAIM

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

COMPENSATION IN MEDICAL MALPRACTICE CASES

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

CAPS ON MEDICAL MALPRACTICE DAMAGES

For medical malpractice cases arising on or after July 1, 2005, which placed caps on non-economic damages a patient could recover from a liable defendant health care provider. S.C. Code § 15-32-220(a) limits the civil liability for non-economic damages of the health care provider to an amount not to exceed $350,000 for each claimant regardless of the number of separate causes of action on which the claim is based. S.C. Code § 15-32-220(a) provides an exception to the foregoing cap where the health care provider is proven to be grossly negligent, willful, wanton or reckless and that conduct was the proximate cause of the claimant's non-economic damages. S.C. Code 15-32-220(b) provides that the $350,000 cap is limited to each claimant. S.C. Code 15-32-220(c) allows a claimant to stack his claim, and provides that up to three health care providers may be subject to the $350,000 cap per claimant, for a total of $1,050,000 per claimant.

The non-economic damage cap of $350,000 per medical entity or practice or person does not apply to economic damages and does not apply to punitive damages. Effective for medical malpractice cases arising on or after July 1, 2005, S.C. Code 15-32-230 further limits liability with regard to emergency obstetrical or emergency department situations. This section eliminates liability on behalf of any person providing emergency care or emergency obstetrical care to a person in immediate threat of death or an immediate threat of serious bodily injury while in an emergency room, obstetrical or surgical suite, unless the health care provider is proven to be grossly negligent. Other caps or limitations may be applicable to a medical malpractice case as well.

STATUTE OF LIMITATIONS

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

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

NECESSITY OF AN EXPERT

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

Medical malpractice, commonly called "medmal" for short, generally occurs when a negligent, careless or reckless act, mistake, error, or omission by a doctor or other medical professional causes damage or harm to a patient. It has been estimated that almost 98,000 people die in hospitals in the United States each year, and that medication errors injure approximately 1.3 million people per year. Medical malpractice errors or negligence typically occur in the diagnosis or treatment of a patient, and may include, but are not limited to:

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

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

ELEMENTS OF A MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE CLAIM

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

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

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

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

INFORMED CONSENT CLAIM

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

BREACH OF CONTRACT OR WARRANTY CLAIM

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

COMPENSATION IN MEDICAL MALPRACTICE CASES

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

CAPS ON MEDICAL MALPRACTICE DAMAGES

For medical malpractice cases arising on or after July 1, 2005, which placed caps on non-economic damages a patient could recover from a liable defendant health care provider. S.C. Code § 15-32-220(a) limits the civil liability for non-economic damages of the health care provider to an amount not to exceed $350,000 for each claimant regardless of the number of separate causes of action on which the claim is based. S.C. Code § 15-32-220(a) provides an exception to the foregoing cap where the health care provider is proven to be grossly negligent, willful, wanton or reckless and that conduct was the proximate cause of the claimant's non-economic damages. S.C. Code 15-32-220(b) provides that the $350,000 cap is limited to each claimant. S.C. Code 15-32-220(c) allows a claimant to stack his claim, and provides that up to three health care providers may be subject to the $350,000 cap per claimant, for a total of $1,050,000 per claimant.

The non-economic damage cap of $350,000 per medical entity or practice or person does not apply to economic damages and does not apply to punitive damages. Effective for medical malpractice cases arising on or after July 1, 2005, S.C. Code 15-32-230 further limits liability with regard to emergency obstetrical or emergency department situations. This section eliminates liability on behalf of any person providing emergency care or emergency obstetrical care to a person in immediate threat of death or an immediate threat of serious bodily injury while in an emergency room, obstetrical or surgical suite, unless the health care provider is proven to be grossly negligent. Other caps or limitations may be applicable to a medical malpractice case as well.

STATUTE OF LIMITATIONS

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

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

NECESSITY OF AN EXPERT

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

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Privacy Policy for medicalmalpractice-information.blogspot.com

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at duro.duro8@gmail.com.

At medicalmalpractice-information.blogspot.com, the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information is received and collected by medicalmalpractice-information.blogspot.com and how it is used.

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These third-party ad servers or ad networks use technology to the advertisements and links that appear on medicalmalpractice-information.blogspot.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.

medicalmalpractice-information.blogspot.com has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. medicalmalpractice-information.blogspot.com's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

Privacy Policy for medicalmalpractice-information.blogspot.com

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at duro.duro8@gmail.com.

At medicalmalpractice-information.blogspot.com, the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information is received and collected by medicalmalpractice-information.blogspot.com and how it is used.

Log Files
Like many other Web sites, medicalmalpractice-information.blogspot.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons
medicalmalpractice-information.blogspot.com does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

DoubleClick DART Cookie
.:: Google, as a third party vendor, uses cookies to serve ads on medicalmalpractice-information.blogspot.com.
.:: Google's use of the DART cookie enables it to serve ads to users based on their visit to medicalmalpractice-information.blogspot.com and other sites on the Internet.
.:: Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include ....
Google Adsense


These third-party ad servers or ad networks use technology to the advertisements and links that appear on medicalmalpractice-information.blogspot.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.

medicalmalpractice-information.blogspot.com has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. medicalmalpractice-information.blogspot.com's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.