Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Statistics vary significantly on the number of medical mistakes that take place in the United States. Some research studies put the variety of medical errors in excess of one million annually while other research studies place the number as low as a couple of hundred thousand. It is commonly accepted nevertheless that iatrogenic disease (illness or injury caused by a medical mistake or medical treatment) is the 3rd 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 an attorney who has actually limited his practice to representation of victims hurt by somebody else's carelessness, medical or otherwise, I have actually received thousands of calls from potential clients over the last 20 years asking me if they have a medical malpractice case. Considering that medical malpractice litigation is really expensive and extremely drawn-out the legal representatives in our company are really cautious what medical malpractice cases where we decide to get involved. It is not at all unusual for an attorney, or law office to advance litigation expenses in excess of $100,000.00 simply to obtain a case to trial. These costs are the expenses related to pursuing the litigation which include professional witness costs, deposition expenses, exhibit preparation and court expenses. What follows is an overview of the concerns, questions and considerations that the attorneys in our firm consider when talking about with a client a potential medical malpractice case.

Exactly What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical doctors (or nurses, chiropractic physicians, dental practitioners, podiatric doctors etc.) which leads to an injury or death. "Requirement of Care" indicates medical treatment that an affordable, prudent medical service provider in the exact same neighborhood ought to provide. Most cases include a dispute over what the suitable requirement of care is. The standard of care is generally offered through making use of expert testament from speaking with physicians that practice or teach medicine in the same specialty as the defendant( s).

When did the malpractice take place (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 constraints is one year from the date of the malpractice, or the last date the defendant treated the complainant (victim) or the date the plaintiff found or reasonably ought to have discovered the malpractice. Some states have a two year statute of constraints. In Ohio if the victim is a small the statute of constraints will not even start to run up until the minor becomes 18 years old. Be recommended nevertheless acquired claims for moms and dads may run several years earlier. If you think you may have a case it is very important you contact a legal representative quickly. Irrespective of the statute of restrictions, doctors move, witnesses vanish and memories fade. The earlier counsel is engaged the faster crucial proof can be protected and the better your opportunities are of dominating.

What did the physician do or fail to do?

Just since a patient 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 suggests an assurance of good health or a total healing. The majority of the time when a client experiences an unsuccessful result from medical treatment it is not because the medical supplier made a mistake. Most of the time when there is a bad medical outcome it is regardless of good, quality medical care not because of sub-standard medical care.

Top 10 Reasons to Hire a Personal Injury Attorney - Personal Injury Legal Blogs Posted by Michael John Tario -

If you or a loved one is dealing with an accident or injury, you have enough on your plate. Let an experienced accident attorney fight for the justice and compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you! Top 10 Reasons to Hire a Personal Injury Attorney - Personal Injury Legal Blogs Posted by Michael John Tario -

When talking about a potential case with a client it is essential that the customer have the ability to inform us why they think there was medical neglect. As all of us know individuals frequently pass away from cancer, cardiovascular disease or organ failure even with great healthcare. Nevertheless, we likewise understand that individuals generally should not pass away from knee surgery, appendix elimination, hernia repair or some other "minor" surgery. When top workers compensation lawyers unanticipated like that happens it certainly deserves exploring whether there was a medical error. If in doubt most medical malpractice legal representatives will discuss your case with you informally on the telephone. Most lawyers do not charge for an initial consultation in negligence cases.

So what if there was a medical error (proximate cause)?

In any carelessness case not only is the burden of proof on the complainant to show the medical malpractice the complainant need to also prove that as a direct outcome of the medical neglect some injury or death resulted (damages). This is called "near cause." Since medical malpractice lawsuits is so expensive to pursue the injuries must be considerable to necessitate progressing with the case. All medical mistakes are "malpractice" however just a small percentage of errors generate medical malpractice cases.

By way of example, if a moms and dad takes his kid to the emergency clinic after a skateboard accident and the ER doctor doesn't do x-rays in spite of an obvious bend in the kid's lower arm and informs the dad his child has "just a sprain" this 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 extreme enough to undertake a claim that likely would cost in excess of $50,000.00. Nevertheless, if because of the hold-up in being correctly diagnosed, the kid has to have his arm re-broken and the development plate is irreparably damaged due to the delay then the damages likely would call for further investigation and a possible claim.

Other crucial factors to consider.

Other concerns that are essential when figuring out whether a client has a malpractice case include the victim's habits and medical history. Did the victim do anything to cause or add to the bad medical result? visit the next page of medical malpractice defense attorneys is to blame the client. If it is a birth injury case, did the mom have correct prenatal care, did she smoke or utilize drugs during her pregnancy? In other cases, did the patient follow the doctor's orders, keep his visits, take his medication as instructed and inform the doctor the truth? These are truths that we need to understand in order to determine whether the medical professional will have a valid defense to the malpractice lawsuit?

What occurs if it appears like there is a case?

If it appears that the client might have been a victim of a medical error, the medical mistake triggered a significant injury or death and the patient was compliant with his medical professional's orders, then we have to get the client's medical records. Most of the times, obtaining the medical records involves nothing more mailing a release signed by the customer to the medical professional and/or medical facility together with a letter asking for the records. In the case of wrongful death, an executor of the victims estate has to be appointed in the local county court of probate and after that the administrator can sign the release asking for the records.

When the records are gotten we evaluate them to make sure they are total. It is not uncommon in medical neglect cases to receive insufficient medical charts. As soon as all the relevant records are obtained they are offered to a competent medical professional for evaluation and viewpoint. If the case is against an emergency clinic doctor we have an emergency room physician review the case, if it's against a cardiologist we have to get an opinion from a cardiologist, etc

. Primarily, exactly what we wish to know form the professional is 1) was the treatment offered below the requirement of care, 2) did the violation of the standard of care result in the patients injury or death? If the medical professionals viewpoint is favorable on both counts a suit will be prepared on the customer's behalf and usually filed in the court of typical pleas in the county where the malpractice was committed or in the county where the defendant lives. In some restricted situations jurisdiction for the malpractice suit could be federal court or some other court.


In sum, an excellent malpractice legal representative will carefully and completely review any possible malpractice case prior to filing a lawsuit. It's unfair to the victim or the doctors to submit a claim unless the professional tells us that he thinks there is a strong basis to bring the suit. Due to the expenditure of pursuing a medical carelessness action no good lawyer has the time or resources to squander on a "frivolous lawsuit."

When speaking with a malpractice attorney it is essential to properly provide the lawyer as much detail as possible and answer the attorney's questions as entirely as possible. Prior to talking with a legal representative think about making some notes so you don't forget some crucial truth or scenario the attorney may require.

Finally, if you believe you might have a malpractice case call an excellent malpractice attorney as soon as possible so there are no statute of restrictions problems in your case.

Leave a Reply

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