Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Statistics differ drastically on the variety of medical errors that happen in the United States. Some research studies position the variety of medical errors in excess of one million every year while other research studies place the number as low as a couple of hundred thousand. It is extensively accepted however that iatrogenic disease (disease or injury brought on by a medical error or medical treatment) is the third 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 injured by somebody else's neglect, medical or otherwise, I have received countless calls from prospective clients over the last Twenty Years asking me if they have a medical malpractice case. Considering is very expensive and really protracted the lawyers in our firm are really careful what medical malpractice cases in which we decide to get involved. is not uncommon for an attorney, or law office to advance lawsuits expenses in excess of $100,000.00 simply to obtain a case to trial. you can check here are the expenses connected with pursuing the lawsuits that include professional witness charges, deposition expenses, exhibit preparation and court expenses. What follows is an overview of the issues, questions and considerations that the attorneys in our firm think about when talking about with a client a prospective medical malpractice case.

Exactly What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Standard of Care" for medical physicians (or nurses, chiropractic practitioners, dental experts, podiatrists etc.) which results in an injury or death. "Requirement of Care" suggests medical treatment that an affordable, sensible medical service provider in the very same neighborhood must offer. A lot of cases include a dispute over what the applicable standard of care is. The standard of care is generally supplied through using professional statement from speaking with medical professionals that practice or teach medication in the exact same specialty as the defendant( 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 restrictions is one year from the date of the malpractice, or the last date the defendant treated the plaintiff (victim) or the date the plaintiff found or fairly need to have discovered the malpractice. Some states have a two year statute of restrictions. In Ohio if the victim is a small the statute of restrictions will not even begin to run until the small ends up being 18 years of ages. Be advised nevertheless acquired claims for parents may run many years previously. If you think you may have a case it is essential you contact a lawyer quickly. Regardless of the statute of restrictions, medical professionals transfer, witnesses vanish and memories fade. The quicker counsel is engaged the quicker crucial evidence can be preserved and the better your possibilities are of prevailing.

What did the medical professional do or fail to do?

Simply since a client does not have a successful result from a surgery, medical procedure or medical treatment does not in and of itself suggest the doctor made a mistake. discover this info here is by no means an assurance of good health or a complete recovery. Most of the time when a client experiences an unsuccessful 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 excellent, quality healthcare not because of sub-standard medical care.

Car Accident Attorney in Albuquerque, New Mexico. The Davis Kelin Law Firm.

If you have been involved in a car accident, you or the injured party can be financially liable for the consequences; including property damage, passenger injuries and any fatalities. Liability insurance can cover these potential costs. If you have been injured, working with a car accident attorney can help determine if you have any grounds to seek any financial compensation you may be entitled to. Car Accident Attorney in Albuquerque, New Mexico. The Davis Kelin Law Firm.

When talking about a prospective case with a customer it is very important that the customer be able to tell us why they believe there was medical negligence. As we all understand people typically pass away from cancer, heart problem or organ failure even with good healthcare. However, we also know that individuals generally must not pass away from knee surgery, appendix removal, hernia repair work or some other "small" surgical treatment. When something extremely unanticipated like that occurs it definitely is worth exploring whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Many lawyers do not charge for a preliminary assessment in neglect 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 complainant must also prove that as a direct outcome of the medical neglect some injury or death resulted (damages). This is called "proximate cause." Since medical malpractice lawsuits is so pricey to pursue the injuries need to be significant to call for moving forward 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 kid to the emergency room after a skateboard accident and the ER physician doesn't do x-rays in spite of an obvious bend in the child's lower arm and informs the papa his son has "simply a sprain" this most likely is medical malpractice. But, if the child is properly detected within a couple of days and makes a complete healing it is not likely the "damages" are serious sufficient to carry out a claim that likely would cost in excess of $50,000.00. However, if because of the delay in being correctly detected, the kid has to have his arm re-broken and the growth plate is irreparably damaged due to the hold-up then the damages likely would necessitate more examination and a possible lawsuit.

Other important factors to consider.

Other problems that are very important when determining whether a client has a malpractice case include the victim's habits and medical history. Did the victim do anything to trigger or add to the bad medical result? A common strategy of medical malpractice defense attorneys is to blame the patient. If it is a birth trauma case, did the mom have appropriate prenatal care, did she smoke or use drugs throughout her pregnancy? In other cases, did the patient follow the medical professional's orders, keep his appointments, take his medication as advised and inform the physician the fact? These are truths that we need to know in order to determine whether the physician will have a legitimate defense to the malpractice lawsuit?

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

If it appears that the client may have been a victim of a medical error, the medical mistake caused a considerable injury or death and the client was compliant with his physician's orders, then we have to get the patient's medical records. In most cases, obtaining the medical records involves absolutely nothing more mailing a release signed by the customer to the doctor and/or healthcare facility in addition to a letter asking for the records. In the case of wrongful death, an executor of the victims estate needs to be appointed in the local county probate court and after that the executor can sign the release requesting the records.

As soon as the records are gotten we review them to make sure they are total. It is not unusual in medical carelessness cases to get incomplete medical charts. When all the relevant records are gotten they are supplied to a qualified medical professional for evaluation and viewpoint. If the case is against an emergency room medical professional we have an emergency clinic doctor evaluate the case, if it's against a cardiologist we need to get a viewpoint from a cardiologist, and so on

. Mostly, what we need to know form the specialist is 1) was the medical care provided listed below the requirement of care, 2) did the infraction of the requirement of care result in the patients injury or death? If the medical professionals viewpoint agrees with on both counts a claim will be prepared on the customer's behalf and usually filed in the court of common pleas in the county where the malpractice was dedicated or in the county where the defendant lives. In some minimal scenarios jurisdiction for the malpractice suit could be federal court or some other court.


In sum, a good malpractice lawyer will carefully and thoroughly review any prospective malpractice case prior to submitting a claim. It's unfair to the victim or the medical professionals to file a lawsuit unless the expert informs us that he thinks there is a strong basis to bring the lawsuit. 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 seeking advice from a malpractice legal representative it is essential to properly offer the lawyer as much detail as possible and respond to the legal representative's concerns as totally as possible. Prior to talking with an attorney consider making some notes so you do not forget some important fact or scenario the attorney might need.

Finally, if you think you might have a malpractice case contact an excellent malpractice legal representative 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 *