Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Data differ significantly on the number of medical mistakes that happen in the United States. Some studies place the variety of medical mistakes in excess of one million annually while other research studies place the number as low as a few hundred thousand. It is widely accepted nevertheless that iatrogenic illness (illness or injury brought on by a medical error or medical treatment) is the 3rd leading cause of death in the United States after heart problem and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As a lawyer who has limited his practice to representation of victims injured by someone else's carelessness, medical or otherwise, I have actually received thousands of calls from potential customers over the last 20 years asking me if they have a medical malpractice case. Since medical malpractice litigation is really costly and really lengthy the lawyers in our company are extremely careful exactly what medical malpractice cases where we opt to get involved. It is not unusual for an attorney, or law practice to advance litigation expenses in excess of $100,000.00 just to obtain a case to trial. are the expenses associated with pursuing the litigation that include expert witness costs, deposition costs, show preparation and court costs. What follows is a summary of the issues, concerns and factors to consider that the lawyers in our firm consider when talking about with a customer a potential medical malpractice case.

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 and so on.) which leads to an injury or death. "Standard of Care" indicates medical treatment that a reasonable, sensible medical company in the same neighborhood should offer. The majority of cases involve a disagreement over what the applicable standard of care is. The standard of care is usually provided through using specialist testament from consulting doctors that practice or teach medication in the exact same specialty as the accused( s).

When did the malpractice take place (Statute of Limitations)?

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In Ohio the medical malpractice statute of constraints is one year from the date of the malpractice, or the last date the accused treated the complainant (victim) or the date the plaintiff found or reasonably need to have found the malpractice. Some states have a 2 year statute of limitations. In Ohio if the victim is a small the statute of restrictions will not even start to run till the minor ends up being 18 years of ages. Be recommended nevertheless for parents may run several years previously. If you think you may have a case it is necessary you contact an attorney soon. Irrespective of the statute of limitations, medical professionals move, witnesses vanish and memories fade. The faster counsel is engaged the earlier important evidence can be protected and the much better your chances are of prevailing.

Exactly what did the physician do or cannot do?

Just since auto negligence florida does not have a successful result from a surgical treatment, medical procedure or medical treatment does not in and of itself mean the doctor slipped up. Medical practice is by no means a warranty of good health or a complete recovery. pedestrian walked in front of my car of the time when a patient experiences a not successful result from medical treatment it is not since the medical provider made a mistake. The majority of the time when there is a bad medical outcome it is regardless of good, quality medical care not because of sub-standard healthcare.

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Being involved in a car accident is traumatic enough if you think about it. Realizing accidents are caused by a series of negligible acts of carelessness will further have you thinking about what could have been. Of course, all these series of thoughts are triggered by the sight of the damages cost to your property, and health. Do not worry yourself sick, just get a lawyer! Picking A Car Accident Lawyer - Times Square Chronicles

When discussing a prospective case with a customer it is necessary that the client be able to tell us why they think there was medical carelessness. As we all understand people typically pass away from cancer, cardiovascular disease or organ failure even with great treatment. However, we also understand that individuals typically ought to not die from knee surgery, appendix removal, hernia repair or some other "small" surgery. When something very unforeseen like that occurs it definitely is worth exploring whether there was a medical error. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Many legal representatives do not charge for an initial consultation in carelessness cases.

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

In any carelessness case not only is the burden of proof on the complainant to show the medical malpractice the plaintiff need to also prove that as a direct outcome of the medical negligence some injury or death resulted (damages). This is called "near cause." Since medical malpractice lawsuits is so costly to pursue the injuries should be considerable to call for progressing with the case. All medical mistakes are "malpractice" however only a little portion of mistakes trigger medical malpractice cases.

By way of example, if a moms and dad takes his son to the emergency clinic after a skateboard mishap and the ER physician does not do x-rays despite an apparent bend in the child's lower arm and tells the father his son has "simply a sprain" this most likely is medical malpractice. But, if the child is correctly diagnosed within a couple of days and makes a complete recovery it is unlikely the "damages" are serious enough to carry out a suit that likely would cost in excess of $50,000.00. However, if because of the hold-up in being properly diagnosed, the kid has to have his arm re-broken and the growth plate is irreparably harmed due to the delay then the damages likely would call for further investigation and a possible suit.

Other crucial considerations.

Other problems that are important when determining whether a client has a malpractice case consist of the victim's behavior and medical history. Did the victim do anything to trigger or add to the bad medical result? A typical technique of medical malpractice defense lawyer is to blame the patient. If it is a birth injury case, did the mom have correct prenatal care, did she smoke or use drugs throughout her pregnancy? In other cases, did the client follow the physician's orders, keep his appointments, take his medicine as instructed and tell the doctor the reality? These are facts that we have to understand in order to determine whether the doctor will have a valid defense to the malpractice suit?

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

If it appears that the patient may have been a victim of a medical error, the medical error triggered a considerable injury or death and the client was compliant with his doctor's orders, then we need to get the client's medical records. Most of the times, acquiring the medical records involves nothing more mailing a release signed by the client to the physician and/or hospital along with a letter asking for the records. When it comes to wrongful death, an administrator of the victims estate has to be selected in the regional county court of probate and then the administrator can sign the release requesting the records.

Once the records are received we examine them to make sure they are total. It is not unusual in medical carelessness cases to get insufficient medical charts. Once all the appropriate records are acquired they are offered to a certified medical professional for evaluation and opinion. If the case protests an emergency room doctor we have an emergency room doctor evaluate the case, if it's against a cardiologist we have to acquire a viewpoint from a cardiologist, etc

. Primarily, exactly what we want to know form the expert is 1) was the treatment offered listed below the requirement of care, 2) did the offense of the standard of care result in the clients injury or death? If the medical professionals viewpoint agrees with on both counts a suit will be prepared on the client's behalf and normally submitted in the court of typical pleas in the county where the malpractice was committed or in the county where the accused lives. In some minimal situations jurisdiction for the malpractice claim could be federal court or some other court.


In sum, a great malpractice attorney will carefully and thoroughly review any potential malpractice case before filing a lawsuit. It's not fair to the victim or the physicians to submit a suit unless the expert tells us that he believes there is a strong basis to bring the lawsuit. Due to the cost of pursuing a medical negligence action no good legal representative has the time or resources to waste on a "frivolous suit."

When talking to a malpractice attorney it is necessary to properly offer the attorney as much detail as possible and answer the attorney's questions as totally as possible. Prior to speaking with a legal representative think about making some notes so you don't forget some essential fact or circumstance the legal representative might need.

Finally, if you believe you may have a malpractice case contact an excellent malpractice lawyer as soon as possible so there are no statute of restrictions issues in your case.

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