Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

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

As an attorney who has restricted his practice to representation of victims injured by somebody else's carelessness, medical or otherwise, I have 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 extremely expensive and extremely drawn-out the attorneys in our company are really cautious exactly what medical malpractice cases in which we choose to get involved. It is not at all unusual for an attorney, or law office to advance litigation expenditures in excess of $100,000.00 simply to obtain a case to trial. These expenditures are the expenses associated with pursuing the lawsuits that include skilled witness costs, deposition costs, display preparation and court costs. What follows is an outline of the issues, questions and factors to consider that the attorneys in our company think about when going over 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 physicians (or nurses, chiropractors, dental practitioners, podiatric doctors and so on.) which results in an injury or death. "Standard of Care" means medical treatment that a sensible, sensible medical service provider in the exact same community must provide. The majority of cases include a dispute over what the appropriate requirement of care is. The standard of care is usually supplied through using specialist testimony from consulting physicians that practice or teach medication in the very same specialized 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 constraints is one year from the date of the malpractice, or the last date the defendant dealt with the plaintiff (victim) or the date the plaintiff found or fairly must have discovered the malpractice. Some states have a two year statute of constraints. In Read Full Report if the victim is a minor the statute of constraints will not even begin to run until the minor ends up being 18 years of ages. Be advised however acquired claims for parents may run many years previously. If you think you might have a case it is very important you call an attorney quickly. Regardless of the statute of restrictions, physicians move, witnesses disappear and memories fade. The earlier counsel is engaged the sooner important proof can be preserved and the better your possibilities are of prevailing.

Exactly what did the doctor do or fail to do?

Simply because a client does not have an effective arise from a surgical treatment, medical treatment or medical treatment does not in and of itself imply the doctor slipped up. Medical practice is by no implies a warranty of good health or a total recovery. The majority of the time when a patient experiences an unsuccessful result from medical treatment it is not since the medical service provider slipped up. The majority of the time when there is a bad medical result it is in spite of excellent, quality medical care not because of sub-standard healthcare.

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 truck crashes youtube caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We 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 discussing a potential case with a customer it is essential that the client have the ability to tell us why they think there was medical negligence. As we all know individuals frequently pass away from cancer, cardiovascular disease or organ failure even with great healthcare. Nevertheless, we also know that individuals typically ought to not die from knee surgical treatment, appendix elimination, hernia repair work or some other "small" surgery. When something very unanticipated like that happens it certainly is worth checking out whether there was a medical error. If in doubt most medical malpractice attorneys will discuss your case with you informally on the telephone. A lot of legal representatives do not charge for a preliminary consultation in negligence cases.

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

In any carelessness case not just is the burden of proof on the complainant to show the medical malpractice the plaintiff must also prove that as a direct outcome of the medical neglect some injury or death resulted (damages). This is called "proximate cause." Because medical malpractice lawsuits is so pricey to pursue the injuries need to be significant to require moving forward with the case. All medical mistakes are "malpractice" nevertheless just a small portion of mistakes generate medical malpractice cases.

By way of example, if a parent takes his boy to the emergency room after a skateboard accident and the ER medical professional doesn't do x-rays despite an apparent bend in the kid's lower arm and informs the father his child has "simply a sprain" this likely is medical malpractice. However, if the child is effectively diagnosed within a couple of days and makes a complete recovery it is unlikely the "damages" are serious sufficient to carry out a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of the delay in being properly identified, the boy needs to have his arm re-broken and the growth plate is irreparably harmed due to the hold-up then the damages likely would warrant more examination and a possible suit.

Other important factors to consider.

Other problems that are necessary when determining whether a client has a malpractice case consist of the victim's behavior and medical history. Did the victim do anything to cause or add to the bad medical outcome? A typical method of medical malpractice defense attorneys is to blame the client. If it is a birth trauma case, did the mother have appropriate prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the client follow the physician's orders, keep his consultations, take his medication as advised and tell the doctor the truth? These are realities that we need to know in order to identify whether the medical professional will have a valid defense to the malpractice claim?

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

If it appears that the patient might have been a victim of a medical mistake, the medical error triggered a substantial injury or death and the client was certified with his doctor's orders, then we need to get the patient's medical records. In most cases, getting the medical records involves absolutely nothing more mailing a release signed by the client to the medical professional and/or medical facility along with a letter asking for the records. In the case of wrongful death, an executor of the victims estate has to be selected in the local county probate court then the executor can sign the release requesting the records.

As soon as are received we examine them to make sure they are complete. It is not uncommon in medical negligence cases to get insufficient medical charts. Once all the appropriate records are gotten they are provided to a competent medical specialist for review and opinion. If the case protests an emergency clinic physician we have an emergency room medical professional examine the case, if it's against a cardiologist we need to acquire a viewpoint from a cardiologist, etc

. Mostly, exactly what we want to know form the professional is 1) was the medical care provided listed below the standard of care, 2) did the infraction of the standard of care lead to the patients injury or death? If the doctors viewpoint is favorable on both counts a suit will be prepared on the client's behalf and usually submitted in the court of common pleas in the county where the malpractice was dedicated or in the county where the defendant lives. In some restricted scenarios jurisdiction for the malpractice claim could be federal court or some other court.


In sum, an excellent malpractice lawyer will carefully and thoroughly examine any potential malpractice case before submitting a claim. It's not fair 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 expense of pursuing a medical negligence action no good attorney has the time or resources to waste on a "pointless lawsuit."

When consulting with a malpractice lawyer it's important to accurately give the attorney as much information as possible and respond to the lawyer's concerns as entirely as possible. Prior to talking with a legal representative consider making some notes so you do not forget some important truth or circumstance the attorney may need.

Finally, if you believe you may have a malpractice case get in touch with a great malpractice attorney as soon as possible so there are no statute of limitations issues in your case.

Leave a Reply

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