How Social Networking Can Affect Your Medical Malpractice Claim

April 4, 2009

By now just about everyone who has access to a computer has heard of the popular social networking sites like Facebook and Twitter.  They offer convenient ways to stay in touch with friends and keep people up to date on what you’re up to at any given moment.  But as entertaining as these sites can be, they can also be detrimental to your medical malpractice claim.

If you utilize social networking websites regularly, it’s important to realize that they are public in nature and consider just who might be reading up on you.

Let’s assume you are bringing a medical malpractice lawsuit against a doctor who you claim harmed you, and part of that lawsuit includes injuries that you claim hinder you from certain activities that you used to perform, such as heavy lifting.  If you update your Facebook profile to indicate how much snow you shoveled over the weekend, it may come back to bite you in the end.

You must be aware that the doctor or medical facility you are suing are going to have a team of experienced defense attorneys who will go to many lengths to ensure their clients are not found guilty.  This often includes doing extensive research on you, the plaintiff, to help disprove any or all of your claims in the case.

Should a clever defense attorney decide to pull you up on one of these social networking sites and discover that something you inadvertently “Twittered” about contradicts your claim of injury or pain and suffering, it will most definitely be revealed in court and can mean the difference between victory and defeat in your case.

This is not to say that anyone should seek compensation for an injury that doesn’t exist, or inflate claims of pain as worse than they really are.  Medical malpractice cases are serious business and expert medical witnesses will review all the details of the claim to determine if, in fact, the claim is legitimate.  It’s just important to remember that what you choose to put on the internet, as innocent or benign as you might think it is, could be misconstrued and used against you.  It may even cost you your case.

If you ever have any question about whether the information you have made public online might hurt your malpractice claim, you should consult with your medical attorney for advice.

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Posted by Dave Austin

A Brief Medical Malpractice Q&A

April 3, 2009

If you’re reading this, you or someone you love has most likely been a victim of some sort of medical negligence.  You’re probably looking for more information on what medical malpractice is and wondering if you have an actionable case and if so, how you should proceed.  Here are a few FAQ’s to point you in the right direction.

Q.  What is medical malpractice?
A.  Not every error made by a doctor or medical professional constitutes medical malpractice, however when a doctor fails to provide a patient with the same level of care and treatment that would be provided by another doctor in the same field causing the patient injury or harm, it becomes a case of medical negligence and in many cases is actionable.

Q.  What if I had surgery and am not happy with the results?
malA.  For the most part, surgery (particularly elective procedures such as cosmetic) comes with no guarantees and simply being unsatisfied with your results does not necessarily constitute a malpractice claim.  For medical malpractice to be proven, you generally must show that you suffered significant injury or damages due to your doctor’s negligence and that the injury could have been prevented.

Q.  What should I do if I believe I have a legitimate malpractice claim?
A.  Your first step should be to contact an experienced medical lawyer.  He or she will review the details of your claim and determine whether or not you have a good chance of being successful.  If it is determined that your claim is legitimate, your attorney will then explain exactly what steps should be taken to move forward with your case.

Q.  What do I need before I contact a medical attorney?
A.  It’s always a good idea to gather as much documentation as you can regarding the malpractice incident.  This includes follow up visits to other doctors, medical records, proof of medical bills, etc.  The more information you provide, the better chance you will have of successfully proving your case.

Q.  How much time do I have to file a medical malpractice claim?
A.  When it comes to medical malpractice, time is of the essence.  Each state is different, however they all impose a statute of limitations on filing a claim.  This means that you are only allowed to bring a lawsuit within a certain predetermined amount of time following the date of the incident.  Your medical lawyer can explain this to you, and advise you as to the statute of limitations in your specific state.  The bottom line is, you should speak with a lawyer right away.

Q.  How does a jury determine whether my doctor was negligent?
A.  First of all, not every case will end up in front of a jury.  Many medical malpractice lawsuits are resolved before they get to court.  However, if your case does end up in front of a jury, they will be able to hear expert testimony of medical witnesses who will help to explain what occurred in a way that is easy to understand.  After hearing this testimony, they will then decide if the doctor acted with negligence and whether or not to award you damages for your injury.

Surely there are more questions running through your mind that you’d like to have answered.  An experienced medical attorney can answer any additional concerns you may have and help put your mind at ease, so don’t hesitate to get in touch with one today.

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Posted by Dave Austin

Veteran Affairs Hospital May Have Committed Mass Malpractice

April 1, 2009

A Miami VA has announced publicly that thousands of patients are at possible risk of disease after having undergone colonoscopies that were performed with improperly sterilized equipment.  The situation affects some 3,260 patients and could result in a case of mass medical malpractice.

Those at risk include anyone who had a colonoscopy at the VA between May 2004 and March 12, 2009.  Patients who fall into this group are being urged to get tested for diseases such as HIV and hepatitis.

Sadly, this is not the first such announcement of a VA hospital using contaminated medical equipment in recent months.

In February, a VA clinic in Tennessee notified 6,378 of its patients that they may have been exposed to infectious body fluids while they received colonoscopies.

Additionally, some 1,800 patients of a Georgia ear, nose and throat clinic were recently advised that they may have been exposed to an infection after they were treated with instruments that were not properly disinfected.

Not surprisingly, officials in all three cases are attempting to minimize the severity of the situation.

U.S. Rep. Kendrick Meek is not so forgiving.  In a letter to the VA’s inspector general, Meek stated, “The very notion that veterans have to contemplate this new reality now before them and visit special care clinics to undergo blood testing is stomach-turning.”

Our veterans deserve to be treated with honor and respect and should receive as high a standard of medical care as anyone else in this country.  If you are a veteran who received substandard treatment at a VA or other medical facility and have suffered injury or harm as a result, contact an experienced medical attorney right away to discuss your rights.  You may be able to receive medical compensation for your damages.

Source:  FoxNews.com

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Posted by Dave Austin

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