Archive for the ‘Medical Malpractice’ Category
Pharmaceutical Malpractice
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Prescription medications are a vital part of many Americans’ lives. Without these essential prescriptions, many individuals would be unable to control their ailments. The advancements of prescription drugs have allowed individuals to live longer and healthier lives.
Unfortunately, with the number of prescriptions available on the market and the growing demand of pharmaceuticals, pharmacies may make occasional errors. Though they may seem small, some of these errors can be the difference between life and death for many individuals.
Pharmacy malpractice typically refers to delivering the incorrect medication to the wrong patient. This may be accomplished in many ways. Most commonly, this occurs when:
Drug bottles are mislabeled
The wrong medicine is put in a bottle
Patients are given another person’s prescription
Pharmacists write the incorrect dosage
Though it is possible for doctors to make errors when writing out prescriptions, it is usually the pharmacist’s responsibility to check with the prescribing physician when he or she is unsure of whether the prescription has been correctly written.
Pharmacists are not always to blame for pharmacy malpractice; in some cases, pharmacy technicians make errors that can be costly to individuals. Technicians are individuals who assist pharmacists and usually fill prescriptions when all it requires is counting the number of pills to put in a bottle.
There are a number of reasons why individuals are unable to catch these errors. Most commonly, errors occur when a patient receives a new medication for the first time. He or she may not know what to expect the medication to look like or how much of the medication he or she should be taking.
Regardless of why pharmacy malpractice occurs, it is always unacceptable. If you or someone you love has suffered injuries from pharmacy malpractice, learn more about your legal options from the Springfield medical malpractice attorneys of Strong-Garner-Bauer, P.C.
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Malpractice Lawsuit – How to Know If You Have a Medical Malpractice Case
Malpractice is a form of negligence by a professional. Regarding medical malpractice cases, negligence occurs when a healthcare professional such as a doctor or nurse, does not perform to the level of standards of care and that negligence resulted in harm to the patient.
There are laws in every state that allows medical negligence victims to file a malpractice lawsuit against the party responsible. By filing a malpractice lawsuit, the victim can recover damages due to the injury such as:
Mental anguish
Loss of a companion/loved one
Loss of enjoyment of life
Permanent injury or disability
Lost wages
Medical treatment expenses
To find out if you have a legitimate claim, speak with a medical attorney. An experienced attorney will evaluate your case to determine if you can legally go on with the proceedings. They will be able to decide if the injuries you suffered were a result of a healthcare professionals’ negligence.
It is important that you take legal action if you suspect you were a victim of medical malpractice as soon as possible. Medical malpractice cases have a statute of limitations that will prevent you from filing a claim if it is not done within a certain amount of time. The law varies by each state but is usually 1- 3 years from the time of the incident or when it was discovered. A medical malpractice attorney will know these laws and will work in a timely manner to have your case heard.
Do You Have a Malpractice Lawsuit?
Negligence comes in many types. You may be entitled to file a malpractice lawsuit if you experienced the following:
Diagnosis mistake – This is one of the most common forms of medical mistakes. These mistakes can include a delayed diagnosis, a misdiagnosis or failure to diagnose. This can involve illnesses including cancer, stroke, blood clots, heart attack and meningitis
Surgical errors – Every year thousands of patients are injured because of a mistake during surgery. These mistakes can include the removal of the wrong body part or leaving a medical instrument inside the patient’s body after surgery.
Medication mistakes – Any minor mistake (an overdose, under-dose or administration of the wrong drug or to the wrong patient) can have deadly consequences, especially to children or the elderly.
Errors made during labor and delivery – Mother and infant are at risk at this time and negligence can result in a birth injury such as cerebral palsy, Erb’s palsy, damage to the brain and stroke.
If you do not see your injury listed, you should still have your case evaluated. A malpractice lawsuit can come in many types and may be committed by any healthcare provider such as doctor, nurse, or pharmacist. It is in your best interest to speak with a malpractice attorney if you suffered an injury due to negligence.
Contact Us about Filing a Malpractice Lawsuit
Malpractice lawsuits are technical and complex, but professional attorneys have experience in these types of cases. They have a long and successful record of accomplishment representing clients all over the country. A professional malpractice attorney will evaluate your case at no cost to you and they will go over your legal rights and options.
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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?
A statute of limitations governs how long a claimant has to file a legal claim for injuries caused by a defendant. As with all legal claims, every state has a statute of limitations for medical negligence. In general, a claimant has one to seven years to bring a lawsuit. The statute of limitations will typically begin to run when the injury occurred or when the claimant learned of the medical malpractice.
Ohio Medical Malpractice Law Overview
According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine.
This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).
Under Ohio law, you often have only 1 year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, then additional time is allowed.
Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.
Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor’s mistake can have severe — or even deadly — consequences for a trusting patient.
What is Medical Malpractice?
Some forms of medical malpractice are unmistakable, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication.
Other types of medical malpractice may not be obvious. For example, if an individual was not warned about the serious risk of a particular treatment or if treatment unexpectedly causes a horrible injury, malpractice may have occurred.
In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and the incorrect treatment caused the patient to suffer a new injury. The law requires evidence of new injury, because it would be unreasonable to hold the healthcare professional responsible for the original medical problem.
Some examples of medical malpractice include:
Failure to diagnose a medical condition
Misdiagnosis of a medical condition
Failure to treat a patient’s medical condition properly
Failure to administer anesthesia safely
Failure to manage a pregnancy or deliver a baby in a safe manner
Failure of a nurse or other staff member to keep a treating physician informed of a patient’s condition
Failure to administer medications properly
Failure to protect a patient from a fall or other injury on hospital property
The Rights of Ohio Medical Malpractice Victims
Sadly, many Americans die each year from medical mistakes. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes.
In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated.
The laws governing malpractice suits may be the most complex of all Ohio personal injury laws. Failure to meet the Ohio legal requirements for an Ohio medical malpractice claim means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury — or even death.
If you or a loved one is the victim of medical malpractice, talk with a dedicated Ohio medical malpractice lawyer.
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Anesthesia Malpractice Cases
In the United States, the majority of malpractice cases are anesthesia related cases. Out of doctors with specialties anesthesia malpractice is the twelfth highest medical specialty in which doctors had to pay a claim for their negligence. Anesthesia is a strong drug so any error could be life altering or even deadly in cases where they are severe. When an injury occurs such as brain damage, paralysis and death a case is anesthesia malpractice is usually filed.
Even though we are seeing more and more of these malpractice cases, they are difficult to prove. Patients who are given anesthesia are heavily sedated or they are not conscious making it difficult to prove credible. In many situations, there is not enough record keeping of the doctor’s part. Either medical records do not exist or there is a minimal amount of notes taken by staff.
Taking Preventative Measures to Avoid Anesthesia Malpractice Cases
Sadly, mistakes occur, a patient can take measures to prevent these mistakes to make certain you or your loved ones. Having thorough notes of your medical history, your health condition, allergies etc. is important when going through surgery. Make sure you share this with the medical facility you are having surgery at so they can update any new information. Thus if any mistake does happen, you will have re cords to show that your health cannot be blamed for someone else’s negligence.
Before you are put under anesthesia, make sure documentation is shared for yourself and your doctor including:
Results from a pre-anesthesia examination
Your signed consent form
Operative records
Any transfer notes taken
Records taken by a doctor
A post-anesthesia record
Malpractice insurers and medical societies are to notify healthcare providers regarding altering patient’s medical records and it is strongly frowned upon. Unfortunately, when a surgery goes bad and the patients get injured or worse, the advice that was given is forgotten or avoided. Therefore, the individual or family member will file an anesthesia malpractice lawsuit for the negligence of the doctor or other medical facility.
Where Does Anesthesia Malpractice Occur?
Many people suspect that anesthesia malpractice only occurs in the operating room at a hospital. This is not always the case. Malpractice relative to anesthesia can occur in many other situations such as before or after surgery, during a dental procedure, while giving birth and plastic surgery.
There is a variety of side effects when an anesthesia error happens. Some common side effects that cause an individual to file an medical malpractice case includes:
Cerebral palsy
Brain damage
Nerve damage
Paralysis
If you are considering filing a case due to the effect of anesthesia and possible malpractice, speak with a professional medical attorney. These attorneys will evaluate your case to make sure you and your loved ones’ legal rights are protected. Contact an attorney to get the legal advice you deserve.
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California Medical Malpractice Insurance
Medical malpractice is an act of omission on the part of a doctor, nurse or a therapist. The act can cause injury or death due to sub standard practice by the medical personnel. Medical professionals are liable to pay in case of such an omission. Medical insurance has a department that caters to insurances for medical professionals. These plans insure costs that are incurred as liability claims arising from an omission. Premiums for medical malpractice insurance plans are higher, due to the high amount of claims and difficulty in earning profits.
In California doctors who know the business, and are aware of standard practices in the medical field, start most of medical malpractice insurance companies. Medical malpractice can be burdensome for medical professionals due to huge claims from victims. Some times they may not be malpractice but only an act of carelessness that is normal to human nature. Most of these claims arise from errors during diagnosis or surgery.
America is known for its excellent medical service and facility, but is expensive too. Any error or negligence on the part of medical staff can have long-term effects such as injury or death. Medical malpractice insurance companies are basically instituted for the benefit of doctors. The rates for these plans can be made more affordable to doctors, by ensuring that there are fewer errors or omissions. There are a few legislations that have been passed in the state of California that discourage the plaintiff from filing claims. This has resulted in fewer claims and protects the interest of medical professionals. It is not always possible for them to prove innocence, even if sometimes these errors were unavoidable. During such times medical malpractice insurance is a boon to them.
Companies in California offer a variety of plans catering the medical personnel?s needs. Features of these plans can be known through representative of the insurance company. Affordable premium rates can be selected after researching online.
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The Characteristics That a Medical Malpractice Lawyer Must Have
If you suspect that you or someone you love has been adversely affected by the medical profession, you will have many questions. Depending on the severity of the issue and what has occurred, you may need the services of a medical malpractice lawyer.
Making the decision to contact a malpractice lawyer can be a difficult one; you might not feel as though you have enough cause or you might feel that you’ll be wasting your time and money. A little bit of knowledge about what malpractice lawyers cover and what you should be looking for can help you a great deal though, when faced with a situation like this.
While many malpractice lawyers offer free consultations, there are a few things that most if not all professionals in this field will consider a legitimate grievance. Birth injuries, especially those that result in brain damage are definitely one, as are failure to diagnose serious problems like breast cancer or lung cancer. Certainly, a misdiagnosis is cause to call a malpractice lawyer, as is death due to medical negligence (also known as wrongful death). Nursing home abuse and the prescription of harmful drugs or products are some other things that malpractice lawyers work with. While the lawyer himself will give you the best idea of what constitutes a legitimate suit, all the things listed above are certainly justification to get a legal professional involved.
When looking for a malpractice lawyer, there are a few things that you should keep in mind. Your best bet is always to find a lawyer who specializes in this area of law, or makes it a significant part of his practice. A lawyer with experience in this area will have industry-specific knowledge and will know about negotiating with the insurance companies. A claim of this sort is something that needs to be handled by someone with experience, who can rely on that experience to your benefit.
Similarly, make sure that your malpractice lawyer has trial experience; while many malpractice claims are settled out of court, there is still a chance that it will go to trial. Inquire as to the lawyer’s win ratio, and see if he has significant in-court experience. A trial attorney will have a much better chance of winning a case if he has some experience, and it is important to remember that the burden of proof is upon you to prove that the doctor’s actions or hospital’s actions should be questioned.
Another thing to keep in mind is the fees for the lawyer’s service. Find out exactly how much you need to pay in your lawyer’s fees if you do not get the settlement you expect. If the case succeeds, how much will your lawyer receive? These are all concerns that you need to keep in mind when selecting a malpractice lawyer.
When selecting a malpractice lawyer, make sure that you are comfortable working with him. This can be a very traumatic time in your life and having the feeling that you have someone who is solidly on your side is important.
If you think you need the services of a malpractice lawyer, start searching as soon as possible, and find someone that you trust.
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Illinois Medical Malpractice
You read it everywhere–doctors are being forced out of Illinois by medical malpractice attorneys in Chicago. But what about the people whose lives are devastated by a medical errors, or whose loved ones are killed by a bad doctor or a mistake at a hospital that was 100% preventable?
Why is the media obsessed with protecting the doctors at the expense of the injured person?
Since before even Shakespeare’s time, regard for lawyers has never been high in the public eye…that is, until one is in dire need of legal representation. The insurance industry is taking full advantage of this public misunderstanding of the vital function of lawyers in American society to propose ineffectual and self-enriching tort reform. The charge for tort reform is being lead on the back of the issue of medical malpractice damage caps.
Any medical malpractice lawsuit in Illinois against a doctor or medical services provider MUST be brought along with a certified statement from a doctor that he has reviewed all of the pertinent medical records and case information, and that the reviewing doctor holds an opinion to a reasonable degree of medical certainty that the accused doctor’s medical service was not merely a “bad outcome,” but instead, rises to the level of medical malpractice. Medical malpractice is generally defined as care which constitutes an act or omission that even a minimally-qualified doctor would not have rendered. By definition, bad outcomes from risky procedures do not qualify.
No other person or entity being sued in any other type of lawsuit – from car accident, fall-down accidents, products liability cases, contract disputes, or even violations of Constitutional Rights and discrimination suits – receives this “report first” procedural protection afforded to doctors. Damage caps are yet another procedural hurdle the insurance industry wishes to have placed in the way of wrongfully – and catastrophically – injured patients seeking a reckoning.
Currently, in jurisdictions without damage caps, a jury of twelve (as provided in Amendment VII to the U.S. Constitution) listens to all of the law and all of the facts of a particular case, including damages testimony from the injured person, of the plaintiff’s treating doctors, of life-care planners who have calculated the precise amount of money that the crippled plaintiff’s future care is likely to require, and of economists who have calculated, down to the penny, the amount of money the injured person has lost by no longer being able to work in their former capacity – or if the injury is severe enough, at all.
Armed with knowledge, and after hearing all of the defendant’s exculpatory and damages-reducing evidence, the jury retires and, first, decides whether the doctor’s conduct was not merely mistaken, and the harm not merely an innocent “bad outcome” but instead, rises to the level of medical malpractice. If, and only if, a jury makes this determination, it must next consider damages, or, how to fix what can be fixed, help what can be helped, and make up for what cannot be helped or fixed.
Already having a pre-suit procedural safeguard to ensure that only cases with merit are filed against doctors, the insurance industry has now turned its attention to the damages aspect of medical malpractice lawsuits. Instead of allowing the twelve people with the most information and knowledge of the case (the jury) to fix a precise amount which is necessary to compensate the wrongfully injured person, the insurance industry is lobbying hard for caps on damages. In other words, instead of leaving a determination on damages up to the people who have heard exactly how and how much the injured person has been damaged, Big Insurance prefers that a silver-spoon legislature makes that decision.
Instead of relief tailored to the particular case, and a jury left to its constitutionally-mandated province, Republicans and their insurance-industry benefactors seek to impose a big-government, one-size-fits-all answer. They don’t trust juries made up of people like you, your friends and your neighbors to decide based on the facts and evidence in each individual case.
Damage caps do not stop frivolous lawsuits. Caps only affect the cases in which a jury of twelve people heard all the facts of the case and decided the injury was so severe and life-altering and the misconduct so blatant that a patient injured by the errors of a health care provider should receive more than $250,000. By definition, that is not a frivolous lawsuit, but a very serious one. Damage caps do not prevent frivolous lawsuits, but instead, ensure that the most catastrophically-injured patients will not be compensated as a jury instructs, thereby limiting their rights.
The strongest, most publicized argument for damage caps in medical malpractice cases is the mythical unavailability of doctors – particularly in rural areas, who have supposedly been driven out of business due to soaring malpractice insurance premiums, due to outrageous jury verdict. As appealing as this argument may at first seem, it suffers from a fatal flaw. It is complete fabrication, utter hogwash.
Doctors are not fleeing states in droves, despite increasingly frantic and unsupported claims from the American Medical Association, the insurance industry and their allies. Independent assessments by state officials and the media have found that the number of doctors in many states, including Florida, Illinois, Ohio, Pennsylvania and Washington, has remained stable and in most, has actually increased. ( FL, Palm Beach Post Editorial, 7/16/03; OH, Toledo Blade, 7/17/04; PA, Allentown Morning Call, 4/24/04; WA, Seattle Times, 2/23/04).
The 2003 Weiss Report found that despite caps on economic damages in 19 states, “most insurers continued to increase premiums (for doctors) at a rapid pace, regardless of caps.” The report found that insurers failed to pass along any savings to physicians in states with caps by refusing to lower their insurance premiums, and that caps only slowed the increase in the amount of damages insurers were required to pay out. (Weiss Report, 6/3/03.)
Premiums are higher in states with caps than in those without. The average malpractice premium in states without caps was $35,016 in 2003. The average premium in states with caps was $40,381. (Medical Liability Monitor, 10/03)
Medical errors kill an average of 195,000 people a year with an associated cost of more than $6 billion per year – “[t]he equivalent of 390 jumbo jets full of people are dying each year due to likely preventable, in-hospital medical errors, making this one of the leading killers in the U.S.” (“In-Hospital Deaths from Medical Errors at 195,000 per Year, HealthGrades’ Study Finds,” Press Release for “Patient Safety in American Hospitals”, July 2004, http://www.healthgrades.com)
“America spends more on dog and cat food each year than all medical malpractice payouts combined,” said FTCR president Jamie Court, author of Corporateering: How Corporate Power Steals Your Personal Freedom And What You Can Do About It. (FTRC, 7/20/04, [http://www.consumerwatchdog.org/healthcare/pr/pr004485.php3])
“Malpractice costs amounted to an estimated $24 billion in 2002, but that figure represents less than 2 percent of overall health care spending. Thus, even a reduction of 25 percent to 30 percent in malpractice costs would lower health care costs by only about 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small.” (“Limiting Tort Liability for Medical Malpractice,” CBO, 01/08/04)
The median inflation-adjusted payout in all tort (personal injury) cases dropped 56.3% between 1992 and 2001, to $28,000. (“Civil Trial Cases and Verdicts in Large Counties, 2001,” Bureau of Justice Statistics, U.S. Dept. of Justice, 2004.)
The filing of personal injury cases has declined 4% since 1993. (“Examining the Work of State Courts, 2003,” National Center for State Courts, 2004.)
And, perhaps most revealing, the U.S. General Accounting Office (GAO), Congress’s nonpartisan research arm, examined the insurance industry’s publicity campaign of lawsuit-induced falling doctor availability. The GAO concluded that “many of the reported physician actions and hospital-based service reductions were not substantiated or did not widely affect access to health care…some reports have received extensive media coverage in each of the five states, we found that actual numbers of physician departures were sometimes inaccurate or involved relatively few physicians,” and at any rate, they “did not find access to these services widely affected.” Rather than concluding that large malpractice verdict drove premiums up (of which the GAO found no evidence), it instead noted that “…malpractice insurers experienced sharply reduced gains on their investments from 1998 to 2001.” (Medical Malpractice: Implications of Rising Premiums on Access to Health Care GAO-03-836.)
If you or a loved one has been injured or killed by bad medical care, you have a right to fair compensation, and you should not feel guilty about it. The wrongdoer should feel guilty. Medical malpractice cases in Illinois are very complicated cases, and you need a good lawyer to handle the case for you and your family.
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Medical Malpractice Stories
Each year hundreds of thousands of patients step forward with medical malpractice stories of injuries they have suffered such as misdiagnoses, medication errors, surgical errors, limbs that were amputated, to name a few. Each story is unique however, they all have one thing in common, and the damages suffered were all devastating. The trauma the patients all have suffered, such as emotional upset or financial losses, cannot be undone very easily.
Medical Malpractice Stories in the News
At any time, finding malpractice stories in the news about medical negligence being the cause of an individual’s (including babies and children) devastation is often seen. These stories also tell about the legal consequences of medical negligence.
Share Your Medical Malpractice Story with an Attorney
The appropriate course of action depends on the circumstances of the individual’s medical malpractice stories. They may have the right to file a lawsuit. There are laws, both state and federal that give the individual the right to hold the negligent party responsible for their actions.
A victim may be entitled to some compensation for the losses they had to bear. For this reason, individuals who have been wrongfully harmed by a doctor, nurse or other medical staff should share their stories with an expert attorney. A professional medical attorney can:
Evaluate the claim to determine if a lawsuit is a possible course of action
Establish the amount of damages that could be sought in a lawsuit – for example, damages for medical expenses, lost wages and mental anguish.
Negotiate a settlement with the responsible party(s) if possible
Act as an advocate for the client throughout the legal process
Malpractice cases have strict time limits called statute of limitations. If you think you have a claim; share with an attorney your malpractice stories immediately. Failing to do so may forfeit your rights.
Medical Attorneys: We will Listen to Your Story
Medical malpractice attorneys have many years experience and have heard these stories from individuals all over the United States. These stories include misdiagnoses of cancer, birth injuries, lab errors and more. Attorneys helped obtain compensation for their clients. Attorneys will listen to medical stories related to malpractice to determine if you are eligible for compensation.
Evaluations are offered at no cost, they will hear your stories and they will answer any relevant legal questions and advise you of your rights.
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Medical Malpractice Law and Litigation
Medical Malpractice Law and Litigation : This current and concise text presents a balanced approach to the study of medical malpractice in the United States. Designed to encompass both early history and modern day principles, The Law of Medical Malpractice takes the reader from a brief history of civil liability for professional malfeasance to the anatomy of a lawsuit and the medical malpractice trial. The author provides sample medical records, definitions of medical and legal terminology, and sample legal forms to enhance student comprehension of key concepts. The text provides actual documents to give insight into real world cases and demonstrates how a case progresses from beginning to end. The many applications are based on true cases and provide an accurate depiction of medical malpractice as it exists today.
More Information
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