Tag: malpractice

When Do You Need a Medical Malpractice Attorney

Have you been the victim of wrongful medical treatment or is it your family member who has been treated in the wrong manner? No matter what the disease is, if someone has been the victim of medical malpractice in Ohio, the law ensures that the person gets justice. You can file malpractice lawsuit against the health care professional or the institute responsible for your suffering.

However you need to know that the practitioners often face such allegation. Therefore they maintain personal liability insurance. Not only that, they also appoint lawyers to get rid of such lawsuits. So you need to be well prepared before taking legal action against a doctor. Facing his or her lawyer will not be an easy task. Convincing the judge to take decision in your favor is even more difficult. So it will be better to hire a medical malpractice lawyer than taking things in your hand.

This kind of lawsuit will definitely be expensive but it will pay off. Your investment will be worth when you get the highest possible compensation and only an experienced lawyer can ensure that you get a good deal of money as compensation. If you wish to win the case it is absolutely necessary that you choose the right lawyer to handle your case.

Many people are unaware of the law and file a lawsuit without even knowing whether it is a valid case or not. If you don’t have strong evidence that your doctor is guilty even the best will not be able to win your case.

There are cases which give you no result though the doctor has made a mistake. So you need an expert to be on your side to guide you and tell you whether your case is at all valid. For example if your doctor has failed to offer desired result in a voluntary cosmetic surgery the law will not held the doctor liable for it. The doctor has done the surgery at the request of the patient. So the judgment will definitely go in the favor of the medical practitioner. Your lawyer can save from this kind of hassle by explaining that your action is absolutely meaningless.

It is nothing unusual to find people who have filed a case only to discover that they are going to get nothing out of it. Therefore before filing a case it is crucial to ensure that the doctor is at fault. Go ahead when you are absolutely sure that the doctor is guilty.

Hiring an experienced attorney will help you to go through the complicated legal procedure. He will save you from filing an unreasonable case and make sure that you win the case if you deserve justices.

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Cardiology Medical Malpractice Cases Are On The Rise

Cardiology patients who have received surgically implanted coronary artery stents on a possibly medically unnecessary basis have been contacting their local medical malpractice attorney in greater numbers than ever in the first three months of this year.

Individual as well as class action medical malpractice lawsuits against individual physicians, hospitals, and health care corporations have proliferated after a 2010 audit of coronary artery stent insertions revealed that the procedures were considered to be unwarranted in at least 140 patients at one hospital alone.

Medical malpractice falls under the category of personal injury law. Though an attorney who files a case against a health care professional may refer to himself as a “medical malpractice attorney”, he is in fact licensed and recognized as a personal injury attorney.

A coronary artery stent is an extremely small tube made of flexible wire webbing. A stent is surgically inserted into a clogged coronary artery via the groin or arm in order to help keep a diseased coronary artery open. An unclogged coronary artery is better able to deliver oxygen to the heart and may prevent future episodes of chest pain (angina) and heart attacks. The general standard of care for the procedure known as stenting is indicated when the patient has at least 70% of blockage in a coronary artery. Intravascular ultrasounds with injections of dye are used to determine the extent of the blockage, also known as calcification, in a coronary artery.

Records from the medical malpractice attorneys representing multiple clients state that the standard of minimum 70% blockage has been ignored repeatedly, with the stenting procedures performed on patients with as little as 50% documentation of coronary artery blockage. One lawsuit even accuses the defendants of battery as a result of the patient having undergone unnecessary stent surgery. The patient is claiming extreme emotional distress. The lawsuits contend that both ethical standards and the patients trust were clearly violated, and that informed consent for the procedures was not properly obtained. It is not yet clear what damages the plaintiffs are seeking.

A review of stenting procedures performed in 2009 is currently underway.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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Hey Abington Hospital Stop Blaming Victims For Increase In Medical Malpractice Suits

Lets face the facts. The Institute of Medicine released a study which states 98,000 people DIE each year from medical errors. That doesn’t even account for the other patients that are permanently disabled or disfigured by the hands of doctors.

To add insult to injury, the medical community has a longstanding tradition of covering up medical mistakes. As a patient, if my doctor screwed up, I want some answers. I want you to be honest and I want you to tell me how your gonna fix it. When you pretend like my suffering isn’t your fault, i’m gonna get mad and i’m gonna call a lawyer.

And to be honest, that’s the consensus among 99% of our clients. However, according to Abington, mediation will solve all of these problems. After all, the doctors will all come back to town, the “sue happy, money hungry” patients get their settlement and we all call it a day. Does anyone else feel like Abington is shifting some blame here on the patient without addressing the real problem that doctors are hurting patients at an alarming rate?

I have a better idea for you Abington Memorial Hospital– why don’t you take some of the money that you are spending on mediators and hire some more doctors? Studies clearly show that medical errors are caused by sleep deprived doctors who work “marathon” shifts of 24 hours or more. Its also common knowledge that going 24 hours with no sleep is equivalent to having a .10 blood alchol level (which either meets or exceds the legal limit in all 50 states).

Quite frankly, I am reminded of that old saying “you made your bed, now lie in it”. If you want to unleash sleep deprived doctors into the operating room, so be it. But at the same time, be prepared to face lawsuits when they make mistakes.

That’s just one of many ways that hospitals can do something constructive to fix this problem. Let’s stop blaming the victims for “our good doctors leaving town”. Step up and take some responsibility Abington. That’s the only real way to bring the doctors back to town.

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Pre-Settlement Lawsuit Funding For Medical Malpractice Victims

Getting injured or sick and having to seek the help of a medical professional happens all too often.. When we do, we trust our lives to the hands of doctors, nurses, and facilities hoping that nothing goes wrong and that they properly diagnose and treat. To the highest level and standard of care possible.

The reality however, is that frequently that’s not always the case. Just like other professionals, medical professionals do make mistakes. But unlike most others, a doctor’s mistake can lead to a serious, life altering condition or even death..

The Shocking Statistics

Although malpractice cases may seem rare, that is not the case. According to an article published [when?] in the Journal of the American Medical Association (JAMA), over 225,000 people die each year [where? due to preventable medical errors. medical malpractice has become the third leading cause of death in the United States, after deaths from heart disease and cancer.

Out of the yearly 225,000, 5% die from unnecessary surgery, 3% die from medication errors in hospitals, nearly 10% die from an abundance of others errors made by hospital staffs, 35% die from infections in hospitals, and a shocking 47% die because of either being prescribed the wrong medication by their doctors or unexpected side effects from the medication that they were provided.

Cost of Medical Malpractice

When a patient suffers additional injuries due to the substandard medical care they received or the preventable medical mistakes made by their physicians, they also suffer from financial hardships for treating these subsequent injuries.

For most individuals, these additional financial burdens are hard to endure and sometimes impossible to pay, especially for individuals without health insurance.

Medical Malpractice Pre settlement Lawsuit Funding

If you or a loved one has suffered from medical errors made by medical professionals, you may be entitled to compensation. You should contact an experienced lawyer immediately. You may also be eligible for a pre-settlement cash advance from Case Funding, Inc., a New York based specialty finance company and industry leader in providing funding solutions to and product liability victims. The money is available in the form of a cash advance, not a loan, which can be used for any type of living expenses, rent and mortgage payments or for medical treatment.

Case Funding also provides working capital loans that enable attorneys to invest in their cases and to pay for items such as expert witnesses and litigation support costs, operating expenses, business development and marketing campaigns and better manage cash flow overall.

ABOUT THE AUTHOR

Atul is author of countless articles on a myriad of different topics. He represents Law, that offers .

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The Overall Role of Medical Malpractice Lawyers

Medical malpractice lawyers are helpful to someone who has had problems related to bills or unresolved conditions after a hospital stay or procedure. This usually happens when medicine is used the wrong way and it causes a serious problem. To fix the issue, it requires extensive knowledge of the law.

If you are a victim of malpractice, a lawyer can help you receive the compensation you deserve. This includes any bills for medical costs, wages or services that you may have lost as a result of the incident, and any damages related to pain and suffering that you may have endured. Medical malpractice lawyers are capable of finding the correct proof needed to win your case, including a disregard of the duty of care by the physician and participating medical center, and also that the injury was a result of this neglect of proper care.

It is not very common for a case to be fought in court the first time because the physical effects of the doctor’s lack of care are obvious. There is a national standard of care that doctors are required to give. The most common result litigation seeks after is the effect of pain and suffering. They do this because it is hard to measure; therefore, the medical center has a tough time working against it. Medical malpractice lawyers will even fight hard to prove that the injury was a direct result of the plaintiff receiving care that fail short of expectations. The defendant is likely to argue that those injuries are the result of other factors that are not related to his/her lack of care, such as an illness found in the patient’s family history.

Medical malpractice lawyers have to gain the same qualifications of those in other fields of law. For instance, they receive a bachelor’s degree, a law degree, proof of passing the bar exam, and evidence of continuing their education even after their initial schooling. What’s different is that they will also need to have a background in medicine, so they can understand important medical terminology.

The future of his/her career always has a positive outlook because there is always someone who complains of malpractice. Usually, the medical malpractice lawyer will work with other lawyers in a large firm, but their salary will be higher than those in other areas of litigation. It could be $150,000 a year, depending on where he/she lives. This is a very competitive field. Since health care is always changing, those who can interpret the laws are always going to be needed.

Medical malpractice lawyers are committed to helping others. They continuously help people get the satisfaction and compensation they truly deserve.

Looking for trusted and successful medical malpractice lawyers? Phillipsburg, NJ residents can visit our site to learn more about what we offer. .

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Making you medical facility free from medical malpractice

Medical malpractice is very unfortunate in our nation with such advanced medical facilities. What would be the goodwill of medical facility of USA in the eyes of a foreigner who has come for treatment in US and has become a victim of medical malpractice?

Medical malpractice may result into permanent disability, death, etc. This is the result of wrong diagnosis of a medical condition, injury at the time of operation or delivery and neglecting patient.

When you find that the medical professional who has treated the victim is not an employee of the medical facility where you have been admitted. This type of situation is very complicated. There can be another instance when a patient dies or suffers medical malpractice after being treated in hospital-B after being transferred from hospital-A.

There are several ways a hospital can make itself risk proof against medical malpractice. A hospital can hire a third party organization for assessing the risk to prevent losses. In today’s competitive market customers expect that the hospital will provide hotel like facilities and business like facilities like accounting, marketing, invoicing, etc. This is expected excluding the medical care that a medical facility provides.

There is a good way to acquire the goodwill of the clients by acquiring accreditation from a neutral third part organization (Joint Commission on the Accreditation of Healthcare Organizations) or from a government body.

A statistical analysis if past compensation claims will throw light on some important information. There can be two types of information that can be drawn from this analysis:

Building an early warning system

Information about the main causes of compensation claims. This will result in taking a better look in those areas.

A stringent background on the experience and track record of visiting doctors should be carried out. This is because the medical facilities get entangled in compensation claims because of faults of visiting doctors. This is in compliance to corporate responsibility of the medical facility to its clients.

The medical facility should ensure that staff medical practitioners carry medical liability insurance against their names. In general due to prevalence of medical malpractice lawsuits it has been made legally binding to have medical malpractice lawsuits.

For a victim it is necessary that they consult a medical malpractice lawyer. A victim will require the testimonial of a medical practitioner validating his claim for malpractice. A resident of Atlanta should consult an .

If you are searching for a lawyer practicing personal injury, please visit the to get the required information.

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Types Of Claims Covered Under Medical Malpractice Insurance

In case you have suffered from a fraud due to medical misconduct, you might take help from medical malpractice insurance. Another reason for you to appreciate this is because there are many types of this kind of insurance.

In this article, let us discuss the main types of medical misconduct protection policies and their coverages.

Claims-Made Insurance Coverage: A claims-made insurance coverage for any kind of medical misconduct is specially designed to provide protection throughout the period in which the insurance is in force and active. Thus, if an individual is willing that his/her insurance claim will be accepted by one of the many medical malpractice insurance companies, the claim would be required to get filed during the period when the insurance coverage is active.

However, later, if a doctor, surgeon or any other medical personnel decides to switch to some other insurance policy or cancels the policy, the policy will be no longer be able to accept any future requests to claim the amount of the medical insurance, even if, the alleged neglect took place while the insurance was active.

Factually, the medical malpractice insurance rates Illinois for this type of policy are by and large more affordable than some of the alternative options since the period of insurance is limited and eliminates the potential of future liabilities.

Tail Insurance Coverage and Preceding Acts: The claims-made insurance coverage is usually taken out by the medical professional, tail insurance coverage provides some extra benefits. In case a medical personnel is willing to have some extra assurance over the liability coverage for such an insurance claim that might be reported after the relapse of the standard insurance term, then, this add-on protection is probably highly desirable. This add-on protection is termed as tail coverage. When this extra coverage is purchased elsewhere, tail insurance coverage is referred to as preceding acts coverage.

Occurrence Insurance Coverage: An occurrence medical misconduct protection coverage policy offers wider coverage option. In this type of insurance coverage, claim can be filed at any time, however, the incident must have took place when the insurance coverage was in force. Also, it is immaterial that whether a policy has been canceled or expired as it reports an act of negligence. Due to the wider insurance coverage and high malpractice insurance rates provided by occurrence insurance coverage, it often attracts the higher insurance rates of medical misconduct as compared to the coverage rates of claims-made policies.

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