Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice problem.

Statistics vary considerably on the number of medical errors that occur in the United States. Some studies put the variety of medical errors in excess of one million each year while other studies put the number as low as a few hundred thousand. It is extensively accepted nevertheless that iatrogenic illness (disease or injury brought on by a medical mistake or medical treatment) is the third leading cause of death in the United States after cardiovascular disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As a lawyer who has actually limited his practice to representation of victims hurt by somebody else's carelessness, medical or otherwise, I have received thousands of calls from potential customers over the last 20 years asking me if they have a medical malpractice case. Given that medical malpractice litigation is really costly and really lengthy the attorneys in our firm are very careful what medical malpractice cases where we opt to get involved. It is not uncommon for a lawyer, or law office to advance litigation expenses in excess of $100,000.00 simply to get a case to trial. These costs are the expenses associated with pursuing the lawsuits which include expert witness charges, deposition expenses, exhibit preparation and court costs. What follows is a summary of the concerns, questions and factors to consider that the attorneys in our firm consider when discussing with a client a potential medical malpractice case.

Exactly What is ?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical physicians (or nurses, chiropractic physicians, dentists, podiatrists and so on.) which results in an injury or death. "Standard of Care" means medical treatment that a reasonable, prudent medical supplier in the same community need to provide. Many cases involve a conflict over exactly what the appropriate requirement of care is. The requirement of care is generally offered through making use of specialist testimony from consulting medical professionals that practice or teach medicine in the exact same specialty as the offender( s).

When did the malpractice occur (Statute of Limitations)?

Rand Spear Law Office
Two Penn Center Plaza, 1500 John F Kennedy Blvd #200, Philadelphia, PA 19102, USA
+1 215-985-2424

In Ohio the medical malpractice statute of limitations is one year from the date of the malpractice, or the last date the offender dealt with the complainant (victim) or the date the complainant discovered or fairly ought to have found the malpractice. Some states have a 2 year statute of constraints. In Ohio if the victim is a small the statute of limitations will not even start to run till the small ends up being 18 years old. Be recommended however acquired claims for parents might run several years previously. If you think you might have a case it is essential you call an attorney soon. Irrespective of the statute of restrictions, physicians move, witnesses vanish and memories fade. The sooner counsel is engaged the earlier essential proof can be protected and the better your opportunities are of dominating.

Exactly what did the doctor do or fail to do?

Simply because a client does not have an effective result from a surgery, medical treatment or medical treatment does not in and of itself indicate the medical professional made a mistake. Medical practice is by no means a warranty of health or a total healing. The majority of the time when a client experiences a not successful result from medical treatment it is not due to the fact that the medical service provider made a mistake. The majority of the time when there is a bad medical outcome it is regardless of excellent, quality medical care not because of sub-standard healthcare.

How to Choose a Personal Injury Attorney -

These are excellent points. Hiring a good lawyer with personal injury experience and the willingness to take a case to trial are essential to being represented well. Specific steps clients can take to research and interview lawyers before deciding which one to hire are discussed in my book, “Choosing Your Lawyer: An Insider’s Practical Guide to Making a Really Good Choice,” available through Amazon. How to Choose a Personal Injury Attorney -

When discussing a possible case with a customer it is important that the client be able to tell us why they believe there was medical negligence. As we all know people frequently die from cancer, heart disease or organ failure even with great treatment. However, we likewise know that people normally need to not die from knee surgery, appendix elimination, hernia repair work or some other "small" surgical treatment. When something very unexpected like that occurs it definitely is worth exploring whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Many attorneys do not charge for a preliminary assessment in carelessness cases.

So what if there was a medical mistake (near cause)?

In any neglect case not only is the burden of proof on the complainant to show the medical malpractice the plaintiff must also prove that as a direct result of the medical neglect some injury or death resulted (damages). This is called "proximate cause." Because medical malpractice litigation is so pricey to pursue the injuries must be significant to necessitate progressing with the case. All medical mistakes are "malpractice" nevertheless only a little percentage of errors give rise to medical malpractice cases.

By way of example, if a parent takes his child to the emergency clinic after a skateboard accident and the ER doctor doesn't do x-rays regardless of an apparent bend in the child's lower arm and tells the papa his child has "simply a sprain" this most likely is medical malpractice. But, if the kid is properly identified within a couple of days and makes a total healing it is not likely the "damages" are serious enough to undertake a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of in being appropriately identified, the boy needs to have his arm re-broken and the development plate is irreparably damaged due to the hold-up then the damages likely would call for further examination and a possible suit.

Other crucial factors to consider.

Other issues that are important when determining whether a client has a malpractice case include the victim's habits and medical history. Did the victim do anything to cause or contribute to the bad medical result? A typical tactic of medical malpractice defense lawyer is to blame the patient. If it is a birth injury case, did the mother have correct prenatal care, did she smoke or utilize drugs throughout her pregnancy? In other cases, did the client follow the doctor's orders, keep his appointments, take his medication as advised and inform the physician the reality? These are realities that we have to know in order to determine whether the medical professional will have a valid defense to the malpractice lawsuit?

Exactly what happens if it looks like there is a case?

If it appears that the patient may have been a victim of a medical mistake, the medical mistake triggered a significant injury or death and the patient was compliant with his medical professional's orders, then we need to get the client's medical records. In many cases, obtaining the medical records involves absolutely nothing more mailing a release signed by the client to the doctor and/or hospital along with a letter requesting the records. When it comes to wrongful death, an executor of the victims estate has to be appointed in the local county court of probate then the executor can sign the release requesting the records.

When the records are gotten we examine them to make sure they are total. It is not uncommon in medical neglect cases to get incomplete medical charts. When all the pertinent records are gotten they are offered to a competent medical professional for evaluation and opinion. If the case protests an emergency clinic medical professional we have an emergency room doctor review the case, if it protests a cardiologist we need to acquire a viewpoint from a cardiologist, and so on

. Mostly, exactly what we wish to know form the specialist is 1) was the medical care offered below the requirement of care, 2) did the offense of the requirement of care lead to the clients injury or death? If the medical professionals opinion agrees with on both counts a lawsuit will be prepared on the customer's behalf and usually filed in the court of common pleas in the county where the malpractice was devoted or in the county where the accused lives. In some restricted scenarios jurisdiction for the malpractice lawsuit could be federal court or some other court.


In sum, an excellent malpractice attorney will carefully and completely evaluate any prospective malpractice case before filing a suit. It's not fair to the victim or the physicians to submit a claim unless the specialist tells us that he thinks there is a strong basis to bring the lawsuit. Due to the cost of pursuing a medical carelessness action no good lawyer has the time or resources to squander on a "unimportant claim."

When seeking advice from a malpractice legal representative it is very important to precisely provide the lawyer as much detail as possible and answer the attorney's concerns as totally as possible. Prior to speaking to just click the up coming page consider making some notes so you always remember some essential reality or circumstance the legal representative might require.

Lastly, if you believe you may have a malpractice case contact a good malpractice legal representative as soon as possible so there are no statute of restrictions issues in your case.

Leave a Reply

Your email address will not be published. Required fields are marked *