Archive for the ‘Medical Malpractice’ Category

posted by Legal Executive on May 31

The U.S. Supreme Court is considering a review current laws that protect military hospitals from lawsuits arising from medical errors, a South Carolina law firm reported earlier this week.

Unknown to many Americans, in many states military personnel cannot claim damages for harm and injury caused by a military physician’s or hospital’s medical mistakes. The Feres Doctrine, established in 1950 out of a Supreme Court ruling, classifies malpractice injuries as combat wounds and thus protects doctors from legal liability.

New case proceedings may soon change the rules, however. In 2003, during a routine appendectomy on Air Force Staff Sgt. Dean Patrick Witt, a nurse anesthetist inserted a breathing tube into the patient’s esophagus instead of the trachea, depriving his brain of oxygen for up to 10 minutes and causing irreversible brain damage. After a few months on life support, Sgt. Witt’s family decided to pull the plugs as there was no hope of recovery.

Mrs. Witt’s medical negligence claim was denied in 2008 on the basis of the Feres Doctrine. She then took the case to the U.S. District Court for the Eastern District of California, citing the Federal Tort Claims Act and alleging that the nurse anesthetist committed gross medical negligence that led to the sergeant’s death.

The case was again dismissed in 2009, despite the District Court’s acknowledgment that in this case the malpractice was blatantly obvious and the Feres Doctrine was unfair and “wrongheaded.” Mrs. Witt then took the case to the Ninth Circuit United States Court of Appeals, arguing that the doctrine was unconstitutional.

Among her main arguments were that excluding citizens on active military duty from the right to fair medical practice directly violates the Constitution’s Fifth and Fourteenth Amendments, which advocate equal protection. The Feres Doctrine, she added, allows courts to override Congressional views and thus goes against constitutional separation of powers.

When the case was again decided in favor of the Feres Doctrine, with the Court of Appeals noticeably skirting the constitutional claims, Mrs. Witt turned to what is perhaps her last legal alternative: filing a petition for certoriari, which is essentially asking the Supreme Court to review the case.

The Witt case is widely considered a trailblazer for military personnel and their families, and has sparked almost unanimous criticism of the Feres Doctrine. The Supreme Court has already ordered more information on the case and is expected to announce its decision soon, including whether or not to review Mrs. Witt’s other allegations on the constitutionality of current laws.

posted by Legal Executive on Apr 7

New York has announced that it will foot the bill in deliveries where the newborn suffers brain injuries during birth, the Times Union reported this week. The costs are normally shouldered by hospitals; the state has made room for the new law in the recently completed 2011-2012 budget.

The fund will pay the medical bills for children who suffer brain or spinal cord injuries due to oxygen deprivation or mechanical pressure during labor and delivery, and while medical services such as resuscitation are being administered. Part of the fund will be taken from a new tax on hospitals’ earnings from obstetrics programs, totaling $30 million. The state’s share, which will be taken from cigarette and other health taxes imposed under the Health Care Reform Act of 1996, will be $30 million, $70 million, and $100 million in the first, second, and third years respectively.

The move was advocated by a group of hospital leaders who said it would lower medical malpractice insurance premiums. Daniel Sisto of the Healthcare Association of New Yorksaid that the current method tends to over-project medical costs, resulting in higher premiums. With the fund, he says, bills will be paid as they come. The Greater New York Hospital Association says that this can save hospitals some $320 million.

Some patients, however, have opposed the bill, saying the added bureaucracy will complicate the claims process and keep hospitals from owning up to their errors. Center for Justice and Democracy director Joanne Doroshow has called the new system a “bureaucratic monstrosity,” adding that it forces families to turn to the state–and tackle miles of red tape–to get the necessary care for their children.

To get state coverage, a family must file a lawsuit and provide proof of negligence. If provided, the fund will cover the child’s lifetime medical expenses. The hospital in question will be responsible for legal costs, including attorney’s fees and punitive damages.

In a study published March 2011 in the American Journal of Obstetrics & Gynecology, researchers showed that hospitals can lower the rate of birth injuries, and subsequently the cost of malpractice payments, by improving medical care standards. The New York Presbyterian Hospital-Weill Cornel Medical Center, after implementing a range of safety initiatives (including Caesarian section guidelines and communication training for doctors and nurses), saw its malpractice expenses go from $28 million from 2003 to 2006 to a mere $3 million from 2007 to 2009.

posted by Law Help on Oct 29

 

Medical malpractice refers to the failure of a health care provider to provide accepted standards of service. If the health care provider deviates in any respect from the norms of treating a patient, it is termed as medical malpractice. This failure or deviation is very dangerous for a patient as it can cause injury to him, or in extreme cases lead to the patient’s death. This means that medical practice is nothing but professional negligence on the part of the health care provider. Medical Malpractice in Nassau County can be common due to large medical organizations pushing their doctors to be as efficient as humanly possible. This strive for excellence and efficiency causes doctors and nurses to move product or “patients” as fast as possible causing lapses in judgment that leads to medical errors.

Just like in other lawsuits, even in medical malpractice Nassau County lawsuits there is a plaintiff and defendant. The plaintiff will be the patient, while the defendant is the health care provider, who can be a doctor, physician, therapist or dentist. In case the malpractice led to the patient’s demise, the plaintiff’s role is assumed by an individual who is the administrator or executor of the deceased patient’s estate. Due to the close proximity of Nassau County to New York City, many people are going to hire medical malpractice attorney in both Nassau County and New York City. This means that there is large competition between law firms that could potentially affect the cost of your litigation. Therefore, it is imperative that you hire a medical malpractice Nassau County attorney that has the right experience and knowledge to help you.

 

Even a hospital, clinic or medical center can be sued for medical malpractice. Depending on the gravity of the case, managed care organizations or medical corporations can be defendants too. Even nurses can be liable as previous cases have shown us that non-physicians cannot be protected for just following orders.

A medical malpractice in Nassau County lawsuit should prove that the medical treatment or care that was supposed to be given or undertaken by the health care provider was not done so. In addition, it must also be proven that the health care provider failed to perform his or her duties according to the prescribed standards. The case should further prove that the duties performed by the health care provider were breached. All this can be done by sworn testimony or proved results of obvious errors.

Medical malpractice in Nassau County is similar to tort cases anywhere. The plaintiff’s attorney first files the lawsuit. The time between the filing and the trial is then used for sharing information between the concerned parties. This period involves depositions, interrogations and requests for documents. If the two parties cannot come to a mutual understanding, the case then proceeds for trial. In the trial, it is important to have expert witnesses who should have enough training, education and knowledge about the specific medical issue. It is only then they can qualify as experts witnesses. If the plaintiff wins the case, he can be awarded punitive as well as compensatory damages.

 

By: Paul Justice

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about Malpractice lawyer,medical malpractice Nassau County , personal injury lawyer and New York attorneys visit www.nbrlawfirm.com

posted by Law Help on Oct 27

 

If you are reading this now you have taken the first and very important step to receiving just retribution for your medical malpractice in the Bronx. The law gives you a specific amount of time to bring your case to trial. This is called a “statute of limitations.” If you do not start your medical malpractice case in the Bronx within the required time, you lose your right to bring your case to trial. Seeking the services of a malpractice attorney skilled in medical malpractice in the Bronx will ensure that you file your case in time since the “statute of limitations” varies depending upon the type of case.

The victims of medical malpractice in the Bronx often feel powerless. Victims of medical malpractice in the Bronx need a powerful advocate with compassion and commitment to see their case through with the strongest and most persuasive argument for a wide range of medical malpractice cases in the Bronx. An experienced malpractice attorney is equipped with the skills in conjunction with the victim to determine if your case is the result of medical malpractice in the Bronx and will see that just compensation is awarded.

Medical malpractice in the Bronx often affects families with newborns. Young mothers return home after having experienced difficult deliveries after being reassured that their baby is “fine.” However, the young mother starts to notice things that do not seem right to even a new mother. She notices that her baby doesn’t move an arm or that her baby isn’t rolling over or smiling. She brings this to the attention of her doctor or nurse and is once again reassured that things are “fine” or that her baby is just a “late bloomer.” This may very well be the result of improper care during delivery and a result of medical malpractice in the Bronx. Cerebral Palsy can also be the result of medical malpractice in the Bronx. Cerebral Palsy is the result of a lack of oxygen to the brain prior to, during, or soon after delivery. A malpractice attorney can help you determine if this was the result of medical malpractice in the Bronx. You should not only rely upon the explanation of the medical professionals for why you child’s development is impaired.

Medical malpractice in the Bronx is not limited to birth trauma cases. Medical malpractice in the Bronx also affects adults. Breast cancer that is diagnosed too late for any hope of survival, after years of routine mammograms, may be a cause of medical malpractice in the Bronx. The medical malpractice attorney in the Bronx will guide you through all of the necessary steps to ensure that you are rightfully compensated for your pain and suffering. The medical malpractice attorney specializes in medical malpractice in the Bronx and knows all of the ins and outs in this field of the law. If you have been a victim of medical malpractice in the Bronx do not lose your opportunity to seek compensation and seek the advice of a compassionate and committed malpractice attorney.

 

Do not lose your right to deserved compensation for your pain and suffering by passing the “statute of limitations” for your specific medical malpractice in the Bronx. You should seek out the services of a malpractice attorney to see that you are awarded just compensation for medical malpractice in the Bronx.

 

By: Paul Justice

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as Medical Malpractice and automobile accidents. To know more about Malpractice NYC, Malpractice Lawyer, Medical Malpractice Bronx and medical malpractice New York visit www.nbrlawfirm.com

posted by Law Help on Oct 25

Every year the number of malpractice lawsuits filed all over the country is increasing. If you are in the unfortunate situation of having been a victim of malpractice, whether you live in Colorado or any other state or country, you might need help from a malpractice attorney.

Colorado malpractice attorneys are used for filing cases against the professionals who are performing their duty up to the expected standard in the State of Colorado. It is found that there are professionals who do not perform their duty properly due to negligence. Due to their act of negligence their clients are affected psychologically and sometimes more financially. There is no need to adjust and go along with their actions. If you find any professional like that you can very well file a case against and seek compensation.

For this purpose only there are legal malpractice attorneys and medical malpractice attorneys. Some of the legal malpractices against which you can file cases are breach of contract, ethics, financial fraud, criminal acts and negligence. The same applies to the medical profession also. There are cases where a healthcare professional does not perform his duty up to the standard that is set.

This kind of act might harm the patient and the morale of the loved ones that come along with the patient. Under such circumstances you can file a case against that medical professional and get some compensation. Many people are not even aware of this facility and they go along with what they face without even complaining.

There are many websites that give you a list of Colorado malpractice attorneys who serve this purpose. You can make use of these attorneys for your cases if you want. You can also perform a simple search on the internet using some good search engines to locate the malpractice attorney in your locality.

There are websites out there specializing in locating attorney in Colorado as well as in other states. In most of these websites you can select the State in which you are searching and then the city of search. Upon selecting the city you might also be asked to pick the area code to locate the attorney in that area.

For example a search of this kind revealed Hillyard, Wahlberg, Kudla & Sloane, L.L.P., Gerash, Toray & Gerash, P.C., and Chalat Hatten Law Office, P.C. in the locality of Dupont with area code 303.

Why not do a search on the web for your malpractice attorneys’ requirement?

By: Ian Koch

About the Author:

Ian Koch is a writer and internet publisher who likes to publish

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posted by Law Help on Oct 17

Are you looking for a Milwaukee medical malpractice attorney? If you or a loved one has been the victim of medical malpractice, you need an attorney who understands your unique situation. Since it can be difficult to win a medical malpractice case, you need to choose your attorney carefully – the right one can help you collect damages for your injuries and suffering, while the wrong one can end up costing you quite a bit of time and money.

It is critical that you choose an attorney that specializes in medical malpractice cases. Medical malpractice is a complicated field, so having an attorney who is well versed in medical malpractice law is essential to building a case against a physician or hospital. Be wary of attorneys who handle multiple types of cases – they may not fully understand the nuances of medical malpractice law.

You should also look for a Milwaukee medical malpractice attorney who has many years of experience in this field. Your attorney should have a proven track record of cases won. Hiring an inexperienced attorney can make it very difficult to prove your case, and to obtain damages from your medical provider.

It is also important that you choose a Milwaukee medical malpractice attorney who is willing to discuss his fee schedule with you up front. If you have suffered significant injuries due to medical malpractice, you are likely already paying for additional medical care. In some cases, your injuries might even prevent you from working. If this is the case, your financial situation might not allow for unexpected legal fees. Thus, you should know about all fees before you hire an attorney to represent you.

One of the most important things you should do when looking for a Milwaukee medical malpractice attorney is prepare a list of questions. Meeting with a lawyer can be an overwhelming experience, so you will need to have a list of questions handy to make sure you fully understand the process of building and filing a case against a medical provider.

You should also avoid getting in a hurry when looking for a Milwaukee medical malpractice attorney. You are probably eager to file your case against your hospital or physician, but taking your time will allow you to obtain the knowledge you need to make informed decisions. Carefully evaluating and selecting your attorney will greatly improve your ability to collect damages for your injuries.

Find the best Milwaukee Medical Malpractice Attorney at Warshafsky Law Firm.

By: warshafsky

About the Author:

Find the best Milwaukee Medical Malpractice Attorney at http://www.warshafsky.com

posted by Law Help on Oct 8

The State of Florida has a law that places caps on non-economic damages in medical malpractice cases that severely limits the amount victims of medical negligence and malpractice can recover for their non-economic losses.

How Do Non-economic Losses Differ from Economic Losses?

Non-economic losses include, but are not limited to, pain and suffering, mental anguish, disfigurement, physical impairment, loss of companionship, loss of enjoyment of life and loss of consortium.

Economic losses include, but are not limited to, lost wages, loss of future income and medical expenses. Economic losses do not have state caps on the amount of damages that may be awarded in a medical malpractice case.

What Are Cap Amount Limits?

The current cap on non-economic damages is $500,000.00 against physicians, chiropractors, podiatrists, optometrists, dentists, midwives, nurse practitioners, physical therapists as well as the hospitals and private practices that employ them. The cap is increased to $1,000,000.00 if there is a death or the patient remains in a permanent vegetative state as a result of the medical malpractices.

The higher cap amount may also apply to what is considered a “catastrophic injury,” such as:

Spinal cord injuries resulting in paralysis Amputation of a hand or limb Severe brain and closed head injury Second or third degree burns over 25% or more of the body or third degree burns covering at least 5% of the hands or face Blindness Loss of reproductive organs

The issue of caps in medical malpractice cases is a very complex issue that requires the skilled legal representation of an experienced medical malpractice attorney. The statute of limitations allows a very short time period to file a claim for a very complicated and regulated area of the law.

By: Erich Shrefler

About the Author:

If you are interested in learning more about medical malpractice damage caps, please visit the website of Best & Anderson, P.A., Attorneys at Law in Orlando, Florida today to protect your legal rights and obtain the compensation you are entitled to.

posted by Law Help on Sep 25

When you visit a hospital, medical care facility, or any other medical establishment, you expect to receive care from professionals and be taken care of accordingly. You certainly wouldn’t expect to catch any nasty viruses, have medical instruments be left inside your body after surgery, or receive the wrong treatment all together. If you feel you have incurred a virus or injury due to the actions (or lack of actions) by a doctor, nurse, or surgeon in NY, you may well be liable to make a medical malpractice NY compensation claim. Making a claim is your civil and legal right, in which you should be entitled to receive compensation to cover your medical bills and pain and suffering.

Regrettably there are situations when doctors fail to diagnose someone with a condition that overtime can turn fatal. Cancer for example, going untreated can cause serious implications because the ability to catch the disease at the right time can reduce spreading significantly. With some cases of cancer, catching it in the later stages will not enable the patients to be treated. This would result in a serious illness or a reduced life expectancy. This is a serious act of negligence, which indicates a true act of medical malpractice. On the other side of the spectrum there are occasions when someone is diagnosed with cancer or any other condition which is not present. Misdiagnosis’ can cause a great deal of stress and anxiety as well as unnecessary surgery and drug treatment. Some people actually develop illnesses from drugs that they shouldn’t have been taking in the first place. And then the actual real illness goes untreated and could get worse.

Medical Malpractice NY claims can be complex can take months to sort out. This is important because it stresses the fact to find a specialist with experience dealing with medical malpractice NY claims. If you have been the victim of medical malpractice in NY and are planning on trying to claim compensation, your case will heavily lie on medical evidence. You or your insurance company will have to pay for these documents which can be quite costly. You will need to show that the person you are making the claim against owed you ‘duty of care’. The duty of care is a general legal duty on all individuals and organizations to avoid carelessly causing injury to persons. It requires everything ‘reasonably practicable’ to be done to protect the health and safety of others at the workplace.

Medical Malpractice NY errors in hospital Emergency Rooms are a common occurrence. They are infrequently talked about and rarely reported to the media. That is why you don’t hear about these types of cases on the news. Understaffed hospitals or ill-equipped emergency rooms may lead to fatal errors while dealing with patients requiring emergency treatment. When the necessary steps of treating an emergency room patient are sidestepped, then a medical malpractice NY emergency error may result. This is when you should consult a medical malpractice attorney to help you with your claim.

Claiming for compensation is very easy these days and will cost you nothing. ‘No win no fee agreements’ are in place which allows anyone to pursue a case without having to find legal costs. With medical malpractice in NY there will be the costs of the medical records. Either way a good medical malpractice NY lawyer will be able to tell you exactly what to expect. Lawyers will not take on medical malpractice cases lightly so you will know what your chances are. Any cost incurred will be recovered from the loosing parties’ insurance company.

By: Paul Justice

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about Malpractice lawyer,Medical Malpractice NY, personal injury lawyer and New York attorneys visit www.nbrlawfirm.com

posted by Law Help on Sep 24

 

Article showing some medical malpractice statistics in US, some very surprising statistics regarding the ever increasing problem of medical malpractice.

There is a good cause that they call lawyers ambulance chasers. The majority of them focus in what is known as medical malpractice suits. The rate at which these suits are increasing each year is stunning. To get a good understanding of just how staid this problem really is, below are some numbers.

All the malpractice trials in the United States last year, nearly 50% of them were against surgeons and other doctors representing only 75 of the largest counties in the United States. This is according to the Bureau of Justice Statistics, which is a very good source. It shows that the main problem of these suits is in the most thickly occupied areas of the country which is where the most income is generated.

Another 33% of the malpractice trials in the United States last year were against non surgical physicians in the 75 largest counties in the country. Adding these two numbers together you get 83% of all medical malpractice suits in the United States last year was against only 75 counties. There are plainly thousands of counties in the United States.

All the cases went to trial only 27% of them were won by the plaintiffs in these 75 counties. This is a large indication that most of these malpractice suits are not legit; otherwise there would be more of these cases won.

Close to 19,000 medical malpractice payment reports were made in the US last year according to the Annual Report, National Practitioner Data Bank, US DHHS. All the malpractice payment reports made world wide, over 80% of those payments were made by United States doctors with the whole rest of the world accounting for just 20% of all payments made for malpractice. This is an utterly overwhelming number.

It is estimated that about 25% of all the doctors in the United States get sued on an annual basis. It is also estimated that between 50 and 65% of all doctors in the United States are sued at least once in their career. Even interns are not immune from this problem as over 1500 malpractice suits were filed against interns last year alone.

To learn more about Medical malpractice Statistics, check out the Medical Malpractice Attorney website.

By: Sanwilliam

About the Author:

posted by Law Help on Sep 12

If you have been injured or made ill as the result of medical malpractice, you should act as early as possible to protect your rights. The rights of medical malpractice victims vary by state, making it crucial that you speak to an experienced medical malpractice attorney in your area to determine whether you may be eligible for compensation. The law typically limits the amount of time in which a victim of medical malpractice may file a claim, so time is always of the essence. The sooner you get an experienced medical malpractice attorney involved, the better your chance of protecting your rights as a victim.

You will have the right to file a claim. Filing a claim is generally the first step a medical malpractice attorney will take in prosecuting your case. Of course, before your attorney takes that step, he or she will need to determine whether you have a viable case. Many state courts require a sworn affidavit from another medical professional, verifying that medical malpractice has occurred in order for you to pursue your case in the civil justice system. Since a viable case is essential to recovering monetary damages, it is imperative that you be straightforward and honest with your attorney about your medical history and the facts and circumstances surrounding your malpractice case.

Your right to file a claim may be limited by the law. In other words, you will most likely be required to file your claim within a certain amount of time following the act (or discovery) of medical malpractice. Typically, states afford victims of medical malpractice 24 to 30 months from the date of the incident to file a claim.

Because medical malpractice is such a specialized area of the law, you will want to retain an attorney with vast experience in medical malpractice cases. Although many personal injury attorneys accept medical malpractice cases as a rule, very few of them know their medicine or are qualified to prosecute serious medical malpractice claims. When seeking an attorney, you should ask what percentage of the lawyer’s practice is devoted to handling medical malpractice cases. You should also inquire as to whether your prospective attorney has handled cases similar to yours and what the outcomes of those cases have been. For complex medical malpractice cases, you may want to consult with an attorney who is also a medical doctor.

Prosecuting a complex medical malpractice case can be an expensive endeavor. Before retaining an attorney, be certain that attorney has the resources to front all expenses that might arise during your case. These expenses might include examinations and expert testimony by qualified physicians, volumes of medical records and elaborate exhibits, like medical illustrations, diagrams and models.

The rights of medical malpractice victims are diminishing in many states. If you believe that you or a loved one has been the victim of medical malpractice, you should learn your rights and take steps to protect them as soon as possible.

By: Yodle

About the Author:

Jack Oceano is a writer for Yodle, a business directory and online advertising company. Find a lawyer or more law articles at Yodle Consumer Guide. I’ve Been a Victim of Medical Malpractice. What Are My Rights?