Medical Malpractice Lawsuits

October 16, 2008

Statistics show that cases of doctor negligence are on the rise, so it’s not surprising that medical malpractice lawsuits are increasing steadily as well. Chances are good that you or someone you know will, at some point, be part of such a lawsuit, so knowing what they are and understanding how they work is important.

The first step in filing a medical malpractice lawsuit is hiring an experienced malpractice attorney. He or she will gather the medical documentation and send notice of the claim to the medical professional in question. If the doctor chooses not to admit fault and settle the claim, your attorney will file a case in your jurisdiction and you will be assigned a date on which a trial will be held in front of a judge.

Prior to the date of the trial, both your attorney and the doctor’s defense attorney will share information relating to the case. This process is referred to as discovery. Typically depositions, interrogatories and documentation requests all occur during the discovery period. In medical malpractice lawsuits, often times the parties will be able to come to an agreement and a settlement will be offered. If this does not happen, however, your lawsuit will move on to the trial phase.

In court, you (also known as the plaintiff) have the burden of proving your case. Your attorney will present evidence including medical records, statements from independent experts, documentation and may even call witnesses to testify on your behalf. The doctor (or defendant) will also have the opportunity to present evidence in the hopes of proving that they did not act negligently.

After both sides have finished presenting their cases, it will be up to the judge or jury to weigh the evidence, consider what they’ve been presented with, and decide whether malpractice truly occurred. Once a verdict is rendered, the defendant will be found either guilty or not guilty.

If the defendant is found not guilty, he or she will be absolved of all wrongdoing. If a guilty verdict is handed down, however, the trial will move on to the final phase, and you will be awarded a settlement amount determined by the judge presiding over the case.

Keep in mind that both sides have the right to appeal the verdict once the case is concluded.

With more and more doctors today being under trained, over worked and financially squeezed by insurance companies, it’s no wonder mistakes are being made that are causing serious injury or even death to innocent patients. If you or someone you know has been the victim of negligence on the part of a doctor or hospital, know your rights. Hire a reputable attorney to represent you, and file a medical malpractice lawsuit immediately. You have a right to fight back and win.

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Posted by Dave Austin

Filing a Successful Medical Malpractice Claim

October 15, 2008

If you’ve been a victim of a doctor’s negligence, you have a legal right to file a lawsuit against that doctor and seek compensation for your injuries. But how do you make sure you’re successful in your medical malpractice claim? Here are some tips to help you be better prepared.

  • Document everything. From the moment you realize your doctor has acted with negligence, begin preparing a file of your case. Keep records of things such as the dates of your doctor appointments, the paperwork you obtain from said appointments, and any further documentation you obtain from other physicians that treat you after the incident. The more evidence you have, the better chance you have of being successful, so keep a detailed paper trail.
  • Act swiftly. Most states impose a medical malpractice statute of limitations, limiting the amount of time a victim has to bring a lawsuit against the negligent doctor or hospital. In some states this time frame is as short as one year, so time is of the essence. Typically, the clock starts ticking as soon as the incident occurs, so don’t dilly dally with your claim. File as soon as you can to increase your chances of victory.
  • Hire an experienced attorney to represent you in your claim, one who specializes in medical malpractice claims. This is critical because you will need to have someone fighting for you that knows and understands the law and how to present your particular case. Don’t just pick the first attorney that comes along. Interview a few, and get an idea of their track record before you choose one that is right for you. Remember, you should always feel completely comfortable talking with your lawyer, and he or she should give your case the attention it deserves.
  • Once you’ve chosen a lawyer, be sure to work closely with him or her to obtain all the required medical documentation needed to build your case. Make yourself available to your attorney and answer any questions that they may have for you. The more your lawyer knows about you and the details of your case, the more likely it will be that you will win your medical malpractice claim.
  • Have as much proof of your damages as possible. If your case goes to court, the judge presiding over the case is going to want to see proof that you have indeed suffered a loss, particularly financially. It’s critical to the success of your case that you be prepared with all the proper documentation. For example, if you are claiming lost wages, be sure you come to court prepared with copies of your pay stubs. The more you have, the better off you’ll be.

Medical malpractice claims can be difficult to prove and every case is unique, but by following the tips provided here, like hiring a reputable attorney and being prepared, you are much more likely to be successful and win a settlement in your claim.

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Posted by Dave Austin

Choosing a Medical Negligence Attorney

October 14, 2008

Being the victim of a doctor’s negligence can be a frightening and emotionally devastating experience. Not to mention the physical damages. Anyone who has suffered at the hands of a negligent physician should know their legal rights to seek compensation for what has occurred. The first step in doing this is to seek legal advice and representation by someone who specializes in these types of cases. But how do you choose the right medical negligence attorney?

  • First, do your homework. Don’t just blindly pick a name out of the phone book. Remember, this is your health and wellbeing that you are defending. You need to be sure that the person you choose to represent you is experienced and well versed in medical negligence law. Ask people you know and trust if they can refer you to an attorney they have used in the past. If you can’t get a referral, at least research the potential lawyer’s background to be sure you’re hiring someone who is reputable and capable of being successful in your claim.
  • Shop around. Don’t feel funny about interviewing a few different candidates before you make your decision. There are a lot of medical negligence attorneys out there, with different styles and personalities. It’s important that you feel comfortable with the lawyer you choose, because you will be spending a good amount of time working with them on your case.
  • Ask for references. Nothing will give you a better idea of just how good a medical negligence attorney is than hearing the testimonies of people for whom they have successfully won negligence claims. Obviously there are laws that protect lawyer and client confidentiality, but many successful attorneys have obtained permission from some of their previous clients to use them as a reference, so just ask.
  • Be sure you understand, up front, how your lawyer expects to be paid, and what amount. Most medical negligence attorneys don’t collect a fee until after they successfully win the lawsuit. Usually, a percentage of whatever compensation you are awarded is paid to your attorney and you retain the remainder of the settlement. You should ask up front if this is how your attorney is normally compensated, and specifically what percentage you should expect that he or she will take from your settlement. It’s important to know this ahead of time so there are no surprises after the fact.
  • If you feel you’ve chosen wrong, you still have rights. Just because you’ve hired an attorney doesn’t mean you’re stuck with them. If you feel that you’ve made the wrong choice, or you don’t feel your lawyer is showing your case the attention it deserves, you have the right to find someone else to take over your case.

The job of picking a medical negligence attorney can seem overwhelming, but it doesn’t have to be. Know your rights and exercise them. Choose your representation carefully, and with discretion and you’re much more likely to be successful in winning your case.

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Posted by Dave Austin

Pediatrician Errors Not Always Reported

October 12, 2008

A new study has revealed a shocking statistic about pediatric errors: nearly 50 percent of doctors surveyed said they’d be unlikely to admit a mistake to the child’s family. The reasons pediatricians cited for not wanting to disclose a medical error included:

  • Fear of medical malpractice lawsuits
  • Shame and embarrassment
  • Lack of professional support and long-term repercussions

This demonstrates that more needs to be done with regard to acknowledging, preventing and dealing with medical errors, particularly where children are concerned.

Children and infants are especially vulnerable to mistakes, and medical errors involving the pediatric population can have long-term or life-threatening consequences. In fact, cerebral palsy is a condition sometimes caused by medical mistakes.

Statistics on the incidence of pediatric errors may not reflect reality, given that doctors are not always forthcoming about their mistakes and so they tend to be underreported. However, some statistics suggest that medication errors are a problem in the pediatric community, occurring in about 6 percent of hospitalized children.

This latest study is published in the October issue of Archives of Pediatrics & Adolescent Medicine.

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Posted by Dave Austin

Hospital Malpractice

October 11, 2008

Hospital malpractice involves any type of medical negligence that happens in a hospital. It can be charged against any member of hospital staff, not just doctors. This means that hospital malpractice can also be caused by nurses, technicians and even pharmacists. Basically any member of a hospital’s staff could be held liable in a hospital malpractice suit.

So what constitutes hospital malpractice? It can include:

  • Error in medication type or dosage
  • Failure to properly treat an illness or condition
  • Failure to order appropriate diagnostic tests
  • Birth injury, trauma or death, due to medical negligence
  • Failure to adequately monitor or stabilize a patient’s condition
  • Unnecessary or unauthorized surgical procedures
  • Erroneous treatment of a diagnosed illness
  • Inappropriate or incorrect use of anesthesia
  • Failure to consult with a specialist
  • Inappropriate administration of drugs

In order to prove a case of hospital malpractice, it is necessary that you establish two key facts. First, you must prove that the hospital staff failed to act with the appropriate standard of care that other reasonable professionals in the same field would provide, and second that that failure resulted in direct personal injury to you.

There is a specific window of time in which a claim can be filed, and that statute of limitations is usually relatively short, so time is of the essence in a case of hospital malpractice. It is also sometimes required that a document called an expert affidavit be obtained, which is written and signed by a hospital expert, substantiating that malpractice did occur and that it was the direct cause of damages suffered by the claimant.

Hospital malpractice claims are extremely complex and can be quite time consuming, so it is critical that a lawyer be retained who specializes in these types of cases. If the appropriate evidence is there, and your attorney is able to successfully prove your case, hospital malpractice settlements can be quite substantial. This will certainly help you work toward putting your life back together after suffering personal injuries and damages.

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Posted by Dave Austin

Doctor Negligence

October 10, 2008

Every patient who visits a doctor or medical professional deserves fair and ethical treatment. Unfortunately, this isn’t always the case and mistakes occur. Claims of doctor negligence is becoming more and more common these days, so it’s important that you understand what it is and how to deal with it. You are a victim of doctor negligence when a medical professional fails to act with the proper standard of care with which other doctors in the same field would act, resulting in injury and damages to you.

Keep in mind, though, that not every medical mistake constitutes doctor negligence. If you visit a doctor or medical professional and they take appropriate measures to diagnose and treat you, such as running tests and consulting with specialists, but you still have medical complications or are misdiagnosed, then a medical or doctor negligence case will be difficult to prove.

Doctor negligence comes into play when the physician in question blatantly or knowingly fails to act in an appropriate way to diagnose or treat their patient. This failure to exercise due care must then result in damages to the patient, either financial or emotional, in order to bring a negligence suit against the doctor.

If you feel that you have been a victim of doctor negligence, and your situation meets the criteria above, document everything that happens to you and all of your interactions with the doctor in question. You will need as much proof as possible to win such a case should it end up going to court. The next step is to hire a lawyer. But make sure that the medical lawyer specializes in doctor negligence cases, because these types of lawsuits can be complex and confusing. Your attorney can advise you whether or not you even have a negligence case, and if so, he or she will assist you in gathering the appropriate evidence to prove your claim.

There are three possible outcomes cases of doctor negligence. The first is that the medical practitioner in question will settle the case and offer you a monetary payment not to move forward with the lawsuit. The second option is that the doctor will admit fault and request that a settlement be decided in arbitration. And the last option is that the doctor completely denies any negligence on his or her part. If this happens, your case of doctor negligence will then go either to mediation or to court, to be decided by a judge.

If you end up in mediation or court, are successful and you are rewarded compensation, the settlement can be quite substantial. Settlements in doctor negligence cases include both compensatory damages, such as lost wages and medical expenses, and punitive damages like emotional or psychological damage directly related to the injury. Punitive damages, however, are harder to prove.

Regardless of the situation, it is absolutely critical to have an experienced attorney representing you in your doctor negligence case. You will have a much better chance of successfully winning your case if you do.

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Posted by Dave Austin

Medical Negligence Lawyers

October 9, 2008

Medical negligence, or malpractice, occurs when a doctor or medical professional fails to provide adequate care or treatment to a patient, directly resulting in injury and damages to that patient. The laws governing medical negligence are complex and can be extremely confusing, so it is crucial that you hire a medical negligence lawyer to represent you if you want to be successful in your claim. Medical negligence lawyers specialize in malpractice claims, and are very familiar with the laws in your area regarding such lawsuits.

Medical negligence lawyers will be able to tell you right away if your case is actionable and worth pursuing. If it is determined that you do have a legitimate malpractice claim, your attorney will assist you in preparing your case every step of the way. He or she will help you to gather the needed evidence to prove medical negligence occurred, which is crucial in winning a malpractice lawsuit. Your attorney will also most likely consult with third party medical experts to substantiate the negligence claim and bolster your chances of success.

Once your evidence is in order, your medical negligence lawyer will file the required notice with the health care professional in question, to advise them of the pending suit. The doctor or practitioner will then compile their own case and respond with either an immediate offer to settle, an admittance of fault to be settled through arbitration, or a denial. If the doctor involved denies that he or she was negligent, the case will go to either mediation or trial. Here is where it is most critical to have the representation of an experienced medical negligence lawyer on your side. He or she will know the law and exactly which way to present your case to a mediator or judge.

If you have been the victim of medical negligence, you have the right to fight back! But you should never try to do so alone. Hiring an experienced medical negligence lawyer will ensure you the guidance and representation needed to successfully win your suit.

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Posted by Dave Austin

Medical Negligence Compensation

October 8, 2008

Ok, so you’re a victim of medical negligence, and have hired an attorney who helped you to win a malpractice suit against the doctor who was negligent. What now? What type of medical negligence compensation can you expect to receive now that you’ve successfully proven your case? First you have to understand the different types of medical negligence compensation and what each is comprised of.

There are two categories that make up medical negligence compensation: compensatory damages and punitive damages. Compensatory damages are easier to prove, because they involve actual economic, or monetary, damages. Things like lost wages due to a malpractice injury, medical expenses incurred from the injury and expenses for life care required after the event, are all considered compensatory in nature because they have an actual price tag associated with them. You can easily prove lost wages by supplying documents such as pay stubs and employment records. And you will most likely already have medical and hospital bills to substantiate the costs incurred from the injury in question. It is also relatively easy to provide the court with evidence to show how much certain life care requirements will cost you, by producing estimates obtained from the vendors or businesses you will be hiring to provide you with such care. (Life care requirements include anything from the use of equipment such as wheelchairs, to the necessity of adding ramps to your home to make it more accessible, to hiring long term caregivers to assist you in your day to day life.) All of these things make up compensatory damages and are figured in to your medical negligence compensation. Keep in mind that compensatory damages can also be assessed both for past and future losses.

Punitive damages are also considered when determining the amount of your medical negligence compensation, but they are more difficult to prove because they are subjective. Things like emotional and psychological distress caused by the injury, and a reduction in the quality of someone’s life, are considered punitive in nature because they are non-economic. In order to have these types of damages included in your medical negligence compensation, you must be able to prove wanton or reckless conduct on the part of the medical practitioner who acted negligently. Obviously, this is much more difficult than proving compensatory damages.

The amount of medical negligence compensation awarded can be quite substantial; much more significant than settlements in other types of tort cases. You have also have to remember that most medical attorneys are paid from the settlement you receive in your suit, as they are usually not paid upfront for their services. The portion that they take varies depending on the rate set by each attorney. You should know that statistically speaking, a much smaller percentage of claims involving medical negligence are awarded a settlement than that of regular tort claims; however the amount of compensation received is significantly higher in malpractice claims. There is no way to know ahead of time, however, how much medical negligence compensation you will receive if you are successful in your lawsuit. The amount is ultimately determined by the mediator or judge presiding over the case, depending entirely on the injury and subsequent damages incurred.

2 Comments | Medical Malpractice | Tagged: , , , | Permalink
Posted by Dave Austin

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