Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Data differ drastically on the number of medical errors that occur in the United States. Some studies put the number of medical mistakes in excess of one million each year while other research studies position the number as low as a couple of hundred thousand. It is extensively accepted nevertheless that iatrogenic disease (disease or injury triggered by a medical error 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 limited his practice to representation of victims injured by someone else's negligence, medical or otherwise, I have received countless calls from prospective 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 attorneys in our firm are really mindful exactly what medical malpractice cases in which we choose to get included. It is not unusual for a lawyer, or law practice to advance lawsuits expenses in excess of $100,000.00 simply to obtain a case to trial. These expenditures are the costs associated with pursuing the lawsuits that include expert witness costs, deposition expenses, show preparation and court costs. What follows is an outline of the problems, questions and considerations that the attorneys in our company consider when talking about with a customer a prospective medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Standard of Care" for medical doctors (or nurses, chiropractic specialists, dental professionals, podiatric doctors and so on.) which leads to an injury or death. "Requirement of Care" implies medical treatment that an affordable, sensible medical service provider in the same neighborhood should provide. A lot of cases include a conflict over exactly what the relevant standard of care is. The standard of care is generally provided through making use of professional testimony from speaking with medical professionals that practice or teach medicine in the same specialty as the accused( s).

When did what happens to your body when you get hit by a car take place (Statute of Limitations)?

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In Ohio the medical malpractice statute of restrictions is one year from the date of the malpractice, or the last date the offender treated the complainant (victim) or the date the complainant discovered or fairly should have discovered 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 up until the minor ends up being 18 years old. Be encouraged however derivative claims for parents may run many years earlier. If you believe you might have a case it is important you call a legal representative quickly. Regardless of the statute of restrictions, doctors relocate, witnesses disappear and memories fade. The faster counsel is engaged the earlier important proof can be protected and the much better your opportunities are of prevailing.

Exactly what did the physician do or cannot do?

Just because a patient does not have an effective result from a surgery, medical treatment or medical treatment does not in and of itself mean the physician made a mistake. Medical practice is by no implies an assurance of health or a total recovery. Most of the time when a client experiences a not successful result from medical treatment it is not because the medical service provider slipped up. The majority of the time when there is a bad medical outcome it is in spite of excellent, quality treatment not because of sub-standard treatment.

Supreme Court lawyer Indira Jaising in conversation with Krishnadas Rajagopal - The Hindu

Indira Jaising has many firsts to her credit. The first woman senior advocate to be designated by the Bombay High Court, the first Indian woman to be elected to the U.N. Committee on Elimination of Discrimination against Women, and the first woman to be appointed Additional Solicitor General of India. As one of the most senior lawyers practising in the Supreme Court, she has stayed true to her passion for human rights and Constitutional values. Jaising, who began her career in the labour courts, lends a formidable presence to the flood of gender justice cases reaching the Supreme Court: from the Sabarimala temple entry case to Hadiya’s fight to choose her faith to Goolrokh Gupta’s fight to retain her Parsi identity after marrying outside her religion. She calls herself one of “midnight’s children” and worries whether legal icons of today have failed to leave a worthy legacy for future generations of lawyers. Excerpts from an interview: Supreme Court lawyer Indira Jaising in conversation with Krishnadas Rajagopal - The Hindu

When going over a prospective case with a customer it is essential that the client be able to inform us why they believe there was medical negligence. As we all know individuals typically die from cancer, heart problem or organ failure even with good medical care. However, we likewise know that individuals normally must not pass away from knee surgery, appendix removal, hernia repair work or some other "minor" surgery. When something very unforeseen like that occurs it certainly deserves exploring whether there was a medical mistake. If in doubt most medical malpractice legal representatives will discuss your case with you informally on the telephone. A lot of lawyers do not charge for an initial consultation in negligence cases.

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

In any neglect case not just is the burden of proof on the complainant to show the medical malpractice the complainant need to also show that as a direct result of the medical negligence some injury or death resulted (damages). This is called "near cause." Because medical malpractice litigation is so costly to pursue the injuries need to be substantial to necessitate moving on with the case. slip and fall attorney are "malpractice" nevertheless just a little percentage of errors give rise to medical malpractice cases.

By way of example, if a moms and dad takes his boy to the emergency room after a skateboard accident and the ER physician does not do x-rays regardless of an apparent bend in the child's lower arm and informs the father his boy has "simply a sprain" this most likely is medical malpractice. However, if the child is properly diagnosed within a couple of days and makes a total recovery it is unlikely the "damages" are serious enough to carry out a claim that likely would cost in excess of $50,000.00. However, if because of the hold-up in being properly detected, the boy needs to have his arm re-broken and the development plate is irreparably damaged due to the delay then the damages likely would necessitate further examination and a possible suit.

Other important factors to consider.

Other concerns that are very important when identifying whether a customer 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 outcome? A common strategy of medical malpractice defense lawyer is to blame the client. If it is a birth trauma case, did the mama have appropriate prenatal care, did she smoke or utilize drugs throughout her pregnancy? In other cases, did the client follow the physician's orders, keep his consultations, take his medication as instructed and inform the doctor the truth? These are facts that we have to know in order to identify whether the doctor will have a valid defense to the malpractice claim?

What takes place if it appears like there is a case?

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

Once the records are received we evaluate them to make sure they are complete. It is not unusual in medical carelessness cases to get incomplete medical charts. When all the pertinent records are gotten they are offered to a qualified medical specialist for review and opinion. If the case protests an emergency clinic physician we have an emergency clinic doctor review the case, if it's against a cardiologist we have to get an opinion from a cardiologist, and so on

. Primarily, what we want to know form the professional is 1) was the healthcare provided below the requirement of care, 2) did the violation of the requirement of care lead to the patients injury or death? If the physicians opinion agrees with on both counts a claim will be prepared on the client's behalf and typically submitted in the court of common pleas in the county where the malpractice was committed 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 attorney will thoroughly and thoroughly evaluate any possible malpractice case before submitting a claim. It's unfair to the victim or the doctors to file a lawsuit unless the professional informs us that he thinks there is a strong basis to bring the claim. Due to the expense of pursuing a medical neglect action no good lawyer has the time or resources to lose on a "pointless claim."

When seeking advice from a malpractice lawyer it is necessary to properly offer the attorney as much detail as possible and address the lawyer's questions as entirely as possible. Prior to talking with consider making some notes so you do not forget some important reality or scenario the lawyer might require.

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

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