What Will A Malpractice Attorney Do If There Was A Medical Mistake?
In any negligence case the burden of proof on the plaintiff to prove that medical malpractice has occurred. The plaintiff must also prove that as a direct result of the medical negligence he or she has suffered damages. This is referred to as “proximate cause.” A malpractice attorney knows that malpractice litigation is expensive to pursue so the injuries must be significant to warrant moving forward with a case. All medical accidents are “malpractice”, though only a small percentage of mistakes give rise to medical malpractice cases.
Other Important Considerations For A Malpractice Lawyer Or Birth Injury Attorney To Consider
Other issues that can be important when determining if a client has a malpractice case include the victim’s behavior and medical history. Did the victim do anything to cause or contribute to the bad medical result? A common tactic of a medical malpractice attorney for the defense is to blame the patient. If it is a birth trauma case, a birth injury attorney will determine whether the mom had proper prenatal care, whether she smoked or used drugs during her pregnancy. In other cases, did the patient follow the doctor’s orders, keep his appointments, take his medicine as instructed and tell the doctor the truth? These are facts that your malpractice attorney needs to know in order to determine if you can proceed with your case.
What Happens Once Your Malpractice Lawyer Determines That You Have A Case?
If it looks probable that you have been a victim of a medical mistake, the medical mistake caused a significant injury or death (preferably not the latter) and you were compliant with your doctor’s orders, then you need to get your medical records and provide them to your malpractice lawyer. In most cases, obtaining the medical records involves mailing a signed release to the doctor or the hospital along with a letter requesting the records. In the case of wrongful death, an executor of the victim’s estate needs to be appointed in the local county probate court and then the executor can sign the release requesting the records.
Once the records are received your malpractice lawyer will review them to make sure they are complete. It is not unusual in medical negligence cases to receive incomplete medical charts. Once all the relevant records are obtained they are provided to a qualified medical expert for review and opinion. If the case is against an emergency room doctor an emergency room doctor will review the case, if it’s against a cardiologist an opinion from a cardiologist will be relevant.
A malpractice attorney wants to know form these experts is 1) whether the medical care provided was below the standard of care, 2) did the violation of the standard of care result in the patients injury or death? If the doctor’s opinion is favorable on both counts a lawsuit will be prepared on your behalf and filed in the court of common pleas in the county where the malpractice was committed.
When To Consult A Malpractice Lawyer
Most people think that some mistakes committed by a doctor are too small to get a malpractice lawyer involved. Sometimes you can be prescribed a medication that is in conflict with another medication and this can lead to complications that can lead you back to the doctor’s office, cause you to lose work, or worse, can put you in the hospital for an extended period. Even small issues should be taken seriously, and if you feel that you have suffered as the result of a doctor’s incompetence you should get the satisfaction of getting your case heard. Nobody wants to go to the doctor, but it is especially horrible if you can’t enjoy your life afterward. Get the help that a malpractice lawyer can provide.
What To Do If You Should Ever Need A Wrongful Death Attorney
Unfortunately, there is the rare occurrence where a doctor’s mistake causes the death of a loved one, and though this is should never happen, there is nothing that can be said or done to minimize your loss. In this case it is especially important that you contact a wrongful death attorney. As much as it may be clear that it is the fault of the doctor, he or she will have insurance that will fight to not have to pay a claim. If you loved one was the sole provider for your family it will be especially important that you receive money for your damages so that you can pay your bills. A wrongful death attorney will fight for you to make sure you get what you deserve.
Hire A Medical Malpractice Attorney To Make Your Case
A medical malpractice attorney is the one person who can make your case before a court of law. A medical malpractice case has a lot of technical ins and outs, and there is no way for you to manage such a burden of proof, especially when you are busy trying to keep you family on solid economic footing. If you have a strong case it is possible that your medical malpractice attorney will take your case on contingency. This means that you don’t pay anything until your case is resolved in your favor. For this reason you should be sure to consult a malpractice lawyer who has successful experience in this area.
A Malpractice Attorney Believes In Defensive Medicine
Today’s medical technology can accomplish things that wouldn’t have been possible twenty years ago. You would think that this would be a good thing for you. An experienced malpractice attorney often hears complaints from doctors that because of the threat of litigation they have to practice “defensive medicine”. They define that as ordering numerous “unnecessary tests” to rule out the possibility of problem for their patient. To the extent that ordering these tests either confirms a doctor’s initial suspicions or rules out an initial diagnosis so a doctor can start the proper course of therapy it should be considered that “defensive medicine” benefits, not harms patients.
When To Consult A Malpractice Lawyer Regarding False Test Results
However, these tests are not accurate 100% of the time. You must make sure that the correct analysis has been done and the right test results returned. When a biopsy is done to rule in or rule out a cancerous condition you must make sure the test results is in actual fact, your own. In some rare cases a doctor or lab may misread the results of a test, or even worse, switch the results from two different patients. If this happens to you or a loved one and the result leads to significant damages you may want to consult a malpractice lawyer right away.
Alice W. went to have a biopsy done. The test results were positive for cancer so Alice started radiation therapy to rid herself of the cancer. You would think that catching this cancer and treating it was a good thing – except that she did not have cancer at all. It turned out that the lab mixed up her biopsy with someone else’s causing Alice to endure a severe course of treatment. As a result, Alice brought a lawsuit to recover money damages for what happened to her.
The treatment for Alice’s non-existent cancer was radiation. By being exposed to that amount of radiation, Alice now has significantly increased chances that she will get cancer in the future. Not to mention the emotional pain and suffering caused by being told that she might die when in fact she was perfectly happy.
Get Help From A Medical Malpractice Attorney
However, this is not the end of the story. What happened to the woman whose biopsy got mixed up with Alice’s biopsy and was told that she did not have cancer? Remember, what the medical profession says about early detection of cancer -the earlier you catch and treat it, the better your chances are. The other woman was eventually diagnosed and treated, but there was a delay in treating her.
A medical malpractice attorney will tell you that you need to make sure you get the right test results. Do not be afraid to ask to have it confirmed that it was done right and labeled correctly. You are the patient and you have rights.
Hire A Highly Experienced Birth Injury Attorney
If you have experienced a tragedy in the delivery room at the hands of a doctor, anaesthetist or nurse, you need to find a birth injury attorney that is committed to assisting you get the help for the medical expenses, rehabilitation, and other compensation arising from a birthing injury due to doctor negligence or surgical malpractice. There are various causes of birthing injuries to the mother and the child, including the following:
- failure to monitor fetal monitor tracings showing nonreassuring signs
- delivery room error
- surgeon error or doctor error
- anesthesiology error
- premature delivery
- failure to determine proper due date
- prolonged labor
- failure to timely go to Caesarian section (C-section)
- misuse of forceps
- misuse of vacuum extractor
- failure to respond to bleeding
- failure to respond to umbilical cord entrapment
- failure to detect umbilical cord prolapse
- failure to diagnose maternal diabetes
- failure to diagnose or treat pre-term labor
- failure to diagnose or anticipate birth complications for a larger baby (macrosomia)
- failure to treat fetal distress
- uterine rupture
- acute placental abruption
Medical Malpractice In This Kind Of Case Requires Specialized Representation
If you were injured, or if you lost a baby due to wrongful death, or had a baby suffer a birth injury such as cerebral palsy due to medical malpractice or the negligence of a hospital, obstetrician, or healthcare professional, you want experienced representation. You want to have a medical malpractice attorney who is prepared to handle your case no matter what the injury. A qualified attorney can represent families suffering from birth injuries, such as:
- Hypoxic Ischemic
- Erb’s palsy
- Brachial plexus
- Shoulder dystocia
- Stuck shoulder
A Medical Malpractice Attorney Works Hard For You
If you have suffered from a painful loss, you want to be sure that the medical malpractice attorney who will do everything in his power to get you the justice you deserve. A case like this is complicated and the bar for proving a medical malpractice case is high because the stakes are equally high for all parties involved. You deserve to have the best legal representation so that you won’t have to spend the rest of your life asking the question: “What if?”
When To Hire A Birth Injury Attorney
Nearly1 in every 1,000 births in the United States results in a complication to the child that will lead to a brain injury. Usually in these cases, it is the doctor’s negligence during a delivery complication that that will cause the defect to the child’s brain. In other cases, it can be something that the doctor didn’t catch beforehand that would have prevented this tragedy. A birth injury attorney can you if you child suffers from a birth defect caused by a medical professional’s negligence. Brain damage is most often the result of birth complication.
A Malpractice Lawyer Knows The Causes Of Birth Defects
The most recognized causes of brain defect happen during birth. These complications can include:
- Bleeding inside the brain due
- Infection during pregnancy
- Lack of oxygen to the fetus
Though some of these factors may not be the fault of an obstetrician, they may be caused by a failure to detect obvious warning signs and take preventative measures to avoid complications. Premature babies can be at risk for birth defects – it is the doctors job to monitor and care for the child and the mother as best as they possibly can. Failure to do so in a can result in dangerous conditions that may lead to brain damage. Get legal help from a local malpractice lawyer as soon as you can.
What A Medical Malpractice Attorney Knows About Birth Injuries
Here are some of the signs that a baby may have suffered brain damage delivery:
- The baby lies in an unusual position when held
- Developmental Issues
- Problems seeing
- Problems hearing
Low blood sugar is a common cause of brain damage for newborns. A doctor should test for hypoglycemia in the fetus in order to reduce the chances of the child becoming brain damaged. A doctor’s failure to take the necessary tests in order to ensure everything is normal can sometimes result in tragedy for a young family. A medical malpractice attorney can assist you if your child is affected by the life-altering consequences of a birth defect.
What A Birth Injury Attorney Can Tell You About Caesarean Section Complications
Caesarean section birth delivery is the medical technique of removing a baby from a mother’s womb when regular delivery isn’t possible. This will involve cutting into the womb, where the baby can be removed without fear of harm. Unfortunately, complications are possible, due to natural processes or due to the negligence of the obstetrician performing the procedure. A birth injury attorney can determine to what degree problems during birth were caused by the doctor or by natural processes.
For What Reasons Are C Sections Performed?
There are situations where a physician has to perform a cesarean section, because regular delivery is not possible or would not be safe for either the mother or the fetus. If the baby is too big for the mother’s birth canal to accommodate him or her properly, a c-section may be necessary. Also, if the baby is experiencing distress and has to come out quickly, a c-section may have to be done. Some other reasons that an obstetrician may have to perform a caesarean section include:
- The baby is breech and labor is too far progressed
- The baby’s umbilical cord is wrapped around his or her neck.
- The baby’ has an irregular heartbeat
- The mother is unable to help in the birthing process
What An Malpractice Attorney Has To Say About C Section Complications
The major complications that can occur when a doctor is required to perform a cesarean section include:
- Severe bleeding at the site of incision
- Risk of infection
- Fetal injury during delivery
Though some injuries are common and would be considered unavoidable, there are injuries that occur that an alert physician could prevent. Should this occur, it may be able to determine whether the physician is negligent. When physicians are negligent, victims have the right to get the assistance that a malpractice attorney can offer.
Cesarean Section Legal Help
For those individuals who wish to seek legal action against negligent physicians, there are many options. The first thing should be to contact a medical malpractice lawyer who has expertise in this area. He or she can take a look at the facts and explain whether or not a case would be considered legitimate in a court of law. You can get advice on what steps to take next in order to protect your best interests.
Road Accidents Are The Leading Cause Of Wrongful Death In America
If your family has been touched by the tragedy of losing somebody because of an accident or injury that was the fault of another person, you know just how painful this can be. There are many causes of wrongful death in America today, and the psychological as well as financial burden such an event can put on a typical family is astronomical. If the individual lost is the primary wage earner for the family this can lead to an upheaval in the future of everyone involved. If this is something that you are faced with, you need to know that there is someone who is looking out for your interests and who can get you the help your family deserves.
Find A Trial Attorney To Guide You Through The Process Of Getting Help
When someone dies prematurely from non natural causes, the entire chain of life is disrupted for good. There is the loss of income, the loss of future income, the loss of future inheritance, the loss of love and support, and numerous damages that the family will be denied for the rest of their lives. A trial attorney can guide you through the process of getting financial restitution for your loss, and this can be the first step to overcoming your grief.
Coming To Terms With Your Grief After A Wrongful Death Case
Your family will have the rest of their lives to come to terms with the loss of a loved one. This is one factor in determining claims for damages. Your attorney can help calculate the damages, including pain and suffering of the descendent and survivors, and help the injured family get due compensation for their untimely loss. It will take time to overcome the grief of a loved one following a wrongful death case, but this can be the beginning of a new life, free from the pain of the past.
Boat Accidents Can Be A Tragic Experience
Americans enjoy their recreation time to the max. They want to go further, climb higher, and travel to places they’ve never been. The unfortunate reality is that boat accidents, Jet Ski accidents and ATV accidents are an increasing consequence of this pursuit of Life, Liberty and Happiness. If you are involved in a boat accident, you may be facing years of medical bills and suffering. Worse, if someone else is hurt while on your pleasure vehicle you can be considered at fault. You need to make sure that you are properly ensured in the event of any mishap and if you are faced with a lawsuit you want to have a good trial lawyer on your side in the event of a lawsuit.
Dealing With The Aftermath Of A Wrongful Death Due To A Boating Accident
Around the country thousands of people die or are severely injured in boat accidents every year. Accidents such as these can also result in catastrophic injuries, unpaid medical bills, lost wages, and disabilities which last a lifetime. In countless numbers of these boat accidents, alcohol is a major factor. Authorities believe that this was the case in this accident. Whether it turns out that this case is a matter of wrongful death is to be decided by a jury. However, what can’t be disputed is that if the participants involved hadn’t consumed alcohol there may have been a very different outcome to this situation.
A Trial Lawyer Is Here To Examine The Facts And Put Your Case Together
When a case involving a boat accident goes to trial nobody wins. Generally, everyone involved gets sued and it is left to a jury to decide who is at fault. A good trial lawyer will take all the evidence and seek to fame it in such a light so as to ensure that his client comes across in a sympathetic light. However, no amount of financial damages will compensate a victim for a life of diminished capacity.
Get Help From A Wrongful Death Attorney After A Catastrophic Car Injury
In a split second in the middle of an ordinary day, someone else’s negligence and wrongful acts can change your life or a loved one’s life forever – or end it. A serious auto accident can leave you or your loved one with a catastrophic personal injury. California has more miles of interstate highways than all others. Motorists driving too fast on busy, clogged stretches of highway, make it easy to unknowingly swerve into the wrong lane at 80 miles per hour. Because of a careless motorist, the lives of victims will be changed forever. A serious blow to the head can result in a major brain injury. Any catastrophic injury can result in a wrongful death.
Some people live by the creed that “life is unfair”, and they can be right at times; but that shouldn’t mean that justice can’t be served when it is warranted. You can find a wrongful death attorney with a sincere passion for justice who can help you and your family. A wrongful death attorney can make sure that victims and their families are compensated fairly in a cases involving brain injury, burn injury and wrongful death cases.
Brain Injury Lawyers Have Experience In This Area Of The Law
Although no amount of money can replace a family member’s life, the family has to be compensated for a tragic death case. Even if the loved one escaped death, a serious brain injury or other serious injuries must be equally compensated for the loss of quality of life. Brain injury lawyers have experience making cases for clients who have experienced significantly diminished capacity. Experiencing injury is one thing, but having to spend the rest of your life without the ability to enjoy the things that most individuals take for granted is a tragedy that no family should have to endure.
Don’t Suffer From A Wrongful Death Case
Getting a settlement for a wrongful death provides fair and just compensation for victims who have suffered from a serious back injury, head injury and brain injury. Your wrongful death attorney can bring justice to your family. The time to get help is now. You should never wait to consult the assistance of brain injury lawyers or a wrongful death attorney.
Asking For An Abogado Before You Sign Anything
Any good abogado or attorney will tell you never to sign anything or answer questions to a detective without having an attorney present. The thing is when you are being interviewed by detectives it doesn’t always seem like you are being interrogated. A lot of times the conversation seems really pleasant and like they are asking you these questions as a favor. A lot of times people do not even realize during interrogations that the detectives are building a case against them. So it’s important when you are in a situation like that even if you don’t feel backed into a corner to ask for an attorney. They may try and get you to talk to them and even try to convince you that an attorney will only muddy things. Don’t listen to them, insist on an attorney before you say another word.
Malpractice Attorney: Fighting The Good Fight With A Malpractice Lawyer
A malpractice attorney will fight the good fight for you. They know medical malpractice when they see it and they as a malpractice lawyer know the right steps to take to ensure that you are compensated for hospital and doctor error. While malpractice can be difficult to prove that doesn’t mean that it doesn’t happen and that you are not owed some sort of compensation for whatever it is that happened at the hospital or doctor’s office that left you or your family in the situation that you are in. You hear all the time people complaining that in tis country people sue too much and sometimes that is true but it takes a lot to go to court and usually an attorney won’t even take on a case unless they think that they can win and think that you and your family have been wronged.