MEDICAL MALPRACTICE LAWYER

A Medical Malpractice Lawyer proves a failure to exercise an assignment at the accepted "Standard of Care".

A medical professional is required to exercise the skill and learning applied under the circumstances by the average prudent reputable member of the profession in the given "community".

MEDICAL MALPRACTICE STATISTICS

• According to a recent study from the National Academy Institute of Medicine, each year more people die from medical errors than from motor vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516).
  
• Total national costs (lost income, lost household production, disability and health care costs) from medical errors are estimated to be between $17 billion and $29 billion per year.
  But not all costs can be measured. The grief, distress, pain and loss of enjoyment of life resulting from medical malpractice are incalculable.
  

Despite these statistics, legal claims for medical malpractice are difficult, time consuming, and expensive. In fact, studies have shown that more than 80% of medical malpractice cases result in no recovery for the injured person.

SELECTING THE RIGHT ATTORNEY

We can help you find a law firm with the experience and resources to accept important and challenging medical malpractice cases and can obtain significant compensation for you.

If you or a loved one has been harmed as a result of medical negligence, here is some important information that you should consider:

• In order to prevail in a medical malpractice suit you have to prove that the doctor acted unreasonably and that the doctor's conduct was a direct cause of injury. Unless both issues are proved, there is no case.
• A doctor is not negligent simply because his/her efforts were unsuccessful.
• The failure of a treatment is not negligence if it was an accepted treatment based on the information the doctor had or should have had when the choice of treatment was made.
  

Because of the time, cost and complexity of medical malpractice cases, good law firms are very selective about the cases they take. That's why they screen the cases very carefully. Here's how the process works: In response to an inquiry, a law firms staff will conduct a free telephone consultation. If they believe the case has merit, they will ask you to obtain medical records, after which they will have them reviewed by an expert medical-legal consultant. If the consultant feels there is a valid claim and they believe the case is worth pursuing, they will conduct a thorough analysis and investigation and proceed with the case.

You should also be aware of some special laws that apply to medical malpractice cases:

Statute of limitations: This is a law that requires commencement of a lawsuit within a specific time period. If the case is not filed within that time period it will be barred regardless of its merit.Because the time period is often very short and exceptions apply, it is very important to consult with an experienced attorney as soon as possible.

Experts Affidavit: At or shortly after the commencement of a medical malpractice case the party bringing the claim must provide a written document signed by a medical expert confirming that medical negligence was committed and that it was a direct cause of the claimant's injuries. The format and timing of the affidavit are critical.

SPECIFICS OF MEDICAL MALPRACTICE

Some states have laws which significantly limit the amount of damages that an injured person may recover as a result of medical malpractice.

Many states also have shortened the applicable statute of limitations.

Further, some states have established mandatory arbitration of medical malpractice disputes as a pre-requisite to a lawsuit for medical malpractice.

To prevail in a medical malpractice lawsuit, you must prove that your injury, loss or damage resulted from the doctor's deviation or failure to conform with the applicable standard of care for your condition in your community.

ALTERNATIVES TO MALPRACTICE LITIGATION

Your first step could be to contact the profession who rendered the service. The professional may not be aware that there is a problem and that something needs to be done.

Most professionals are honest and diligent, although as they are still human they can make mistakes. Where the mistake can be corrected, many professionals who become aware of a problem take the necessary steps to provide a remedy -- without the need for any further action. Most professionals welcome the opportunity to make things right when given the chance -- this helps you obtain immediate relief and lets the professional correct the problem before any others are hurt.

State regulatory boards and licensing authorities also often regulate the practice of professionals rendering service within the state. A professional must comply with the regulations established by the state in order to initially be licensed and thereafter to continue to be able to render services within the state. As part of the regulation of professional practices, these state agencies or organizations typically have review and disciplinary functions. Penalties and fines -- as well as the suspension or revocation of authority to render services in the state -- can be imposed by state agencies and organizations

If you feel that a professional has committed malpractice, and you have been damaged, you should consult with an attorney. That can set the wheels in motion both to enable you to recover for the harm you were caused and to stop offending behavior by that and other professionals.

EXPERTS AND MEDICAL MALPRACTICE

Almost always, Yes. In order to establish malpractice, it will be necessary to prove what the standard of care in the community for that professional for handling a similar matter is. Lay people do not have the necessary education, experience or skills to act as a professional -- or to gauge what a professional is supposed to do or refrain from doing in a particular situation.

In order to determine what should or should not have been done in your particular circumstances, someone with the requisite education, experience and skill would be needed to establish what the standard of the community is. Many malpractice lawsuits are won/lost based upon the effectiveness of the expert.

Experts should always be hired by your attorney, to maintain confidentiality and retain your rights. The leading site used by attorneys to find expert witnesses on the Internet is Expert Pages at http://expertpages.com

TYPES OF MEDICAL MALPRACTICE

Mis-Diagnosis of Cancer

A Medical Malpractice Lawyer considers the following critical factors in evaluating misdiagnosis of cancer cases:

Breast: Delayed diagnoses of breast cancer can result when physicians fail to order baseline and periodic screening mammograms, radiologists misinterpret a mammogram as "normal".The treating physicians fail to perform necessary follow up testing after abnormal mammograms with repeat mammograms, ultrasound or biopsies of a suspicious area to diagnose early breast cancer.

Colon: Delays in diagnosing colon cancer can result when doctors fail to perform occult fecal blood testing and/or order diagnostic screening tests for colon cancer such as colonoscopy and/or barium enema, and when specialists fail to properly perform and/or interpret a colonoscopies and barium enema examinations.

Lung: Delay in diagnosing lung cancers can result when physicians fail to orderchest x-rays for screening purposes and/or after pneumonia's clear up, and when radiologists misinterpret chest x-rays or CT Scans of the chest as "normal".

BIRTH INJURY: MEDICAL NEGLIGENCE

Medical Malpractice Lawyer must be dedicated to this complex area of law.They bring claims for compensation for medical negligence resulting in birth injury.

Cerebral Palsy - is a term that describes a group of disorders that affect movement control. There is not one specific cause of cerebral palsy, however, it can be caused by injury to the brain before, during, or after birth.Cerebral Palsy is sometimes caused by lack of oxygen to the brain during birth and injuries to a birth mother and infant can be cause to persue a claim based on the medical Malpractice.

Erb's Palsy - Brachial Plexus Palsy, or Shoulder Dystocia occurs when excessive lateral traction is applied to the fetal neck region during delivery. This can cause the childs nerves to be torn, resulting in a limp arm. Tearing of these nerves can cause permanent paralysis of the arm.

SURGICAL NEGLIGENCE

A Medical Malpractice Lawyer investigating surgical negligence must find and prove the cause of the injury .There are many components in the operating theatre which may lead to error. The attending surgeon, a surgical resident, anesthesiologist or nursing team, errors in the operating room occur in different ways. In addition there are injuries caused by surgical instruments negligently injuring surrounding areas that should not have been in the operative field, othe errors include improper positioning of the patient on the operating room table, failure to monitor, improper use of anesthetic agents, or even wrong site surgery. It is estimated that multiple surgical errors occur in U.S. operating rooms every day.

HOSPITAL NEGLIGENCE

Find Medical Malpractice Lawyers national law firms and experts; specializing in the areas of: Cerebral Palsy, Birth Injury and Surgical Error or Mistakes.

If you or a loved one has been harmed as a result of medical negligence, here is some Important Information that you should consider:

• In order to prevail in a medical malpractice suit you have to prove that the doctor acted unreasonably and that the doctor's conduct was a direct cause of injury. Unless both issues are proved, there is no case.

• A doctor is not negligent simply because his/her efforts were unsuccessful.

• The failure of a treatment is not negligence if it was an accepted treatment based on the information the doctor had or should have had when the choice of treatment was made.

• They accept no fee until money is recovered for you.
• Fees comes only from successful case settlements.
• They will visit you at Home or in the Hospital.
• The client never pays an expense or fee unless successful.

If you or a loved one have been injured? we can help.

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