Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice problem.

Statistics differ dramatically on the variety of medical errors that occur in the United States. Some studies position the number of medical errors in excess of one million every year while other studies put the number as low as a couple of hundred thousand. how long before police stop investigating a hit and run is extensively accepted however that iatrogenic illness (illness or injury brought on by a medical error or medical treatment) is the third 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 an attorney who has limited his practice to representation of victims hurt by another person's carelessness, medical or otherwise, I have actually received thousands of calls from prospective clients over the last 20 years asking me if they have a medical malpractice case. Given that medical malpractice lawsuits is extremely pricey and really drawn-out the attorneys in our company are very careful exactly what medical malpractice cases in which we opt to get included. It is not at all unusual for a lawyer, or law office to advance litigation costs in excess of $100,000.00 just to obtain a case to trial. These costs are the expenses connected with pursuing the lawsuits that include skilled witness charges, deposition costs, show preparation and court costs. What follows is of the issues, concerns and considerations that the legal representatives in our firm consider when discussing with a client a potential medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Standard of Care" for medical physicians (or nurses, chiropractic specialists, dental professionals, podiatrists etc.) which results in an injury or death. "Requirement of Care" indicates medical treatment that an affordable, prudent medical service provider in the same community must offer. A lot of cases involve a disagreement over what the applicable standard of care is. of care is normally provided through the use of professional statement from speaking with medical professionals that practice or teach medication in the same specialty as the defendant( s).

When did the malpractice take place (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 limitations is one year from the date of the malpractice, or the last date the defendant dealt with the plaintiff (victim) or the date the complainant found or fairly must have found the malpractice. Some states have a 2 year statute of restrictions. In Ohio if the victim is a small the statute of limitations will not even begin to run till the small ends up being 18 years old. Be encouraged nevertheless derivative claims for parents might run several years earlier. If you think you may have a case it is very important you call a lawyer quickly. Irrespective of the statute of constraints, doctors relocate, witnesses disappear and memories fade. The quicker counsel is engaged the earlier crucial proof can be protected and the better your possibilities are of prevailing.

Exactly what did the doctor do or fail to do?

Merely because a client does not have an effective result from a surgical treatment, medical procedure or medical treatment does not in and of itself indicate the doctor made a mistake. Medical practice is by no means a warranty of good health or a total healing. Most of the time when a client experiences a not successful result from medical treatment it is not because the medical supplier made a mistake. Most of the time when there is a bad medical result it is regardless of excellent, quality medical care not because of sub-standard treatment.

3 Things You Should Consider Before Hiring a Personal Injury Lawyer

Personal injury law functions to help clients and their families receive the compensation and justice they deserve. Unfortunately, civil litigation is not always so cut and dry. Whether it be a case of intent or negligence, it’s crucial that you choose a personal injury best suited for your individual case. Here are 3 things to consider before hiring a personal injury lawyer: 3 Things You Should Consider Before Hiring a Personal Injury Lawyer

When going over a potential case with a customer it is very important that the client have the ability to inform us why they believe there was medical negligence. As all of us know people typically die from cancer, heart problem or organ failure even with good healthcare. However, we likewise understand that individuals generally should not pass away from knee surgical treatment, appendix elimination, hernia repair work or some other "minor" surgery. When something really unanticipated like that happens it certainly is worth checking out whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. A lot of attorneys do not charge for an initial consultation in neglect cases.

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

In any neglect case not just is the burden of proof on the plaintiff to prove the medical malpractice the complainant need to likewise prove that as a direct result of the medical negligence some injury or death resulted (damages). This is called "near cause." Since medical malpractice litigation is so expensive to pursue the injuries must be substantial to call for moving forward with the case. All medical errors are "malpractice" nevertheless only a small portion of mistakes give rise to medical malpractice cases.

By way of example, if a parent takes his son to the emergency room after a skateboard mishap and the ER medical professional does not do x-rays despite an obvious bend in the child's lower arm and tells the papa his kid has "simply a sprain" this most likely is medical malpractice. But, if the kid is appropriately detected within a few days and makes a total recovery it is not likely the "damages" are extreme adequate to undertake a claim that likely would cost in excess of $50,000.00. Nevertheless, if because of the delay in being appropriately identified, the young boy has to have his arm re-broken and the development plate is irreparably damaged due to the delay then the damages likely would call for additional investigation and a possible lawsuit.

Other crucial considerations.

Other issues that are essential when identifying whether a customer has a malpractice case consist of the victim's behavior and case history. Did the victim do anything to cause or contribute to the bad medical result? A common tactic of medical malpractice defense lawyer is to blame the client. If it is a birth trauma case, did the mom have appropriate prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the client follow the doctor's orders, keep his visits, take his medicine as advised and tell the doctor the truth? These are facts that we need to understand in order to identify whether the physician will have a valid defense to the malpractice claim?

What happens if it looks like there is a case?

If it appears that the patient might have been a victim of a medical error, the medical error caused a considerable injury or death and the patient was certified with his medical professional's orders, then we have to get the client'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 health center along with a letter asking for the records. When it comes to wrongful death, an administrator of the victims estate has to be appointed in the regional county court of probate then the executor can sign the release requesting the records.

Once the records are received we evaluate them to make sure they are total. It is not uncommon in medical negligence cases to get insufficient medical charts. When all the pertinent records are gotten they are offered to a qualified medical professional for review and viewpoint. If the case is against an emergency clinic medical professional we have an emergency room physician examine the case, if it protests a cardiologist we have to obtain a viewpoint from a cardiologist, and so on

. Mostly, what we would like to know form the professional is 1) was the medical care supplied listed below the standard of care, 2) did the violation of the requirement of care result in the patients injury or death? If the medical professionals viewpoint is favorable on both counts a lawsuit will be prepared on the client's behalf and generally submitted in the court of common pleas in the county where the malpractice was dedicated or in the county where the offender lives. In some restricted situations jurisdiction for the malpractice suit could be federal court or some other court.


In sum, a good malpractice attorney will carefully and thoroughly review any prospective malpractice case before filing a claim. It's not fair to the victim or the physicians to submit a lawsuit unless the specialist informs us that he believes there is a strong basis to bring the lawsuit. Due to the expenditure of pursuing a medical neglect action no good attorney has the time or resources to squander on a "frivolous suit."

When seeking advice from a malpractice legal representative it's important to precisely provide the lawyer as much detail as possible and respond to the lawyer's questions as totally as possible. Prior to speaking with a lawyer consider making some notes so you do not forget some crucial reality or scenario the legal representative may need.

Lastly, if think you might have a malpractice case call a great malpractice legal representative as soon as possible so there are no statute of restrictions issues in your case.

Leave a Reply

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