If you're suffering from a serious or permanent injury that resulted from medical misconduct or doctor malpractice, you should see a medical lawyer or medical attorney in your area. There is a set of basic criteria to consider when choosing a medical lawyer or medical attorney.
Find a medical lawyer who has a track record of winning a lot of doctor malpractice settlements. They even have special certifications for lawyers in some states who focus on doctor malpractice and medical lawsuits. Your doctor malpractice claim is too important to be conducted by someone who does not know medical malpractice laws inside and out.
Select a medical lawyer who has experience negotiating large doctor malpractice settlements with medical providers' insurance companies. Negotiating entails industry-specific knowledge. Medical attorneys or medical lawyers know what certain doctor malpractice cases are worth and won't settle for inadequate compensation.
Choose a medical lawyer or attorney with experience taking doctor malpractice claims to trial. Although most medical lawsuits are settled out of court, there is always that possibility that your doctor malpractice claim may reach trial. This is can be attributed to the heavy burden of proof on the doctor malpractice plaintiff. Hiring an experienced medical lawyer gives you the best chance to succeed.
Choose a medical attorney whom you are comfortable working with. Always ask for references before making your decision final. Make sure the medical attorney explained to you the terms of your contract before signing it. Since the expenses associated with medical lawsuits can be very high, it is important to understand the difference between a contingent fee taken from net recovery and one taken from the gross recovery.
Lastly, bear in mind that you are the customer, and if you are not happy with the level of service provided by a medical lawyer you have the right to hire a new medical attorney.
Sunday, May 10, 2009
Saturday, May 9, 2009
Why medical attorneys need to assess the value of your case
Medical attorneys will make an initial assessment of value before they will decide to take on your case. During the initial meeting with your medical lawyer, the first thing your medical attorney will do is get a preliminary idea of the value of your case. Since it's so early in the case, your medical attorney will rarely share this information with you. Also at this preliminary stage, the chance that he will be wrong in making the assessment is too great, so your medical attorney might not tell you right away what his opinion is regarding your case. However, this is a vital step in the process.
Doctor malpractice cases are so expensive and time consuming that medical attorneys want to have some idea whether
What is a contingency fee?
A contingency fee simply means that the medical attorney will be paid by retaining a percentage of whatever you, as plaintiff, recover.
What's sad is that there are no good small value doctor malpractice cases. Every medical lawyer knows that even doctor malpractice cases that have only one expert witness, the costs can skyrocket to a staggering $50,000.
Now let's try an example. Suppose the case is valued at $150,000 and the medical attorney's contingency fee is one-third of that, this leaves the client with just $50,000. For the majority of medical attorneys, any doctor malpractice case or medical lawsuit where the medical lawyer gets more than what the client will be getting is a no take case.
Doctor malpractice cases are so expensive and time consuming that medical attorneys want to have some idea whether
- They'll get well compensated for the hard work ahead; and whether
- you'll be left with a reasonable recovery.
What is a contingency fee?
A contingency fee simply means that the medical attorney will be paid by retaining a percentage of whatever you, as plaintiff, recover.
What's sad is that there are no good small value doctor malpractice cases. Every medical lawyer knows that even doctor malpractice cases that have only one expert witness, the costs can skyrocket to a staggering $50,000.
Now let's try an example. Suppose the case is valued at $150,000 and the medical attorney's contingency fee is one-third of that, this leaves the client with just $50,000. For the majority of medical attorneys, any doctor malpractice case or medical lawsuit where the medical lawyer gets more than what the client will be getting is a no take case.
Medical lawyers must prove causation, not just malpractice
Previously, we discussed why medical lawyers consult experts, and we said it's because medical experts are needed to decide whether or not there is a doctor malpractice. Now another reason medical attorneys consult a medical expert is to have the records studied by him or her to see if there is causation.
What is causation?
In doctor malpractice cases or medical lawsuits, it is usually not enough that the medical expert thinks the defendant doctor made a mistake or has been negligent in treating the patient.
Even if the expert thinks that the doctor made a mistake, this is usually not enough. Most (perhaps all) states require proof that the mistake which the doctor made actually harmed his patient. In other words, it boils down to whether the outcome would have been the same had the patient gotten good care. If the outcome would have been the same regardless of whether or not the doctor exercised due diligence, then there is no case.
To illustrate the point, let's say there has been a delay in diagnosing an advanced cancer. If the medical expert thinks that the a patient's treatment and/or chance survival wouldn't have been any different if the cancer had been discovered when it should have, then there is no doctor malpractice case, and no medical attorney will take a case such as this.
What is causation?
In doctor malpractice cases or medical lawsuits, it is usually not enough that the medical expert thinks the defendant doctor made a mistake or has been negligent in treating the patient.
Even if the expert thinks that the doctor made a mistake, this is usually not enough. Most (perhaps all) states require proof that the mistake which the doctor made actually harmed his patient. In other words, it boils down to whether the outcome would have been the same had the patient gotten good care. If the outcome would have been the same regardless of whether or not the doctor exercised due diligence, then there is no case.
To illustrate the point, let's say there has been a delay in diagnosing an advanced cancer. If the medical expert thinks that the a patient's treatment and/or chance survival wouldn't have been any different if the cancer had been discovered when it should have, then there is no doctor malpractice case, and no medical attorney will take a case such as this.
Medical attorneys will consult experts to verify malpractice
Your medical attorneys will gather records to help them make an assessment regarding the merits and value of your doctor malpractice case. The medical lawyers will then bring these records to be reviewed by an expert to see whether there is a doctor malpractice.
Your medical attorney knows that you need at least one good expert to testify for you, otherwise your doctor malpractice case will not succeed. In fact at the outset of your case, one of the things your medical lawyer will immediately do is try to look for such an expert.
Sometimes your medical attorney will tell you who he's been talking to, but sometimes he won't. When he doesn't tell you about the expert, it's usually because he's just following the medical expert's wishes. Some experts do not want to receive calls from clients, especially when they have told the medical attorney that there's no malpractice. Some medical attorneys use physicians they know and have worked with. Other medical attorneys use services that provide a list of medical professionals and doctors who have agreed to look at doctor malpractice cases.
Usually, medical lawyers will choose a medical expert who is from the same field or area of specialty as the defendant doctor. The role of the expert here is try to decide whether or not the care that was rendered by the defendant deviated from the accepted standard of care.
What the medical expert will be doing basically is decide whether the defendant health care provider or doctor committed a significant error, either by his act (doing something) or omission (not doing something). Based on the expert witness' opinion about your doctor malpractice case, your medical attorney can now make an accurate evaluation about its merits and value.
Your medical attorney knows that you need at least one good expert to testify for you, otherwise your doctor malpractice case will not succeed. In fact at the outset of your case, one of the things your medical lawyer will immediately do is try to look for such an expert.
Sometimes your medical attorney will tell you who he's been talking to, but sometimes he won't. When he doesn't tell you about the expert, it's usually because he's just following the medical expert's wishes. Some experts do not want to receive calls from clients, especially when they have told the medical attorney that there's no malpractice. Some medical attorneys use physicians they know and have worked with. Other medical attorneys use services that provide a list of medical professionals and doctors who have agreed to look at doctor malpractice cases.
Usually, medical lawyers will choose a medical expert who is from the same field or area of specialty as the defendant doctor. The role of the expert here is try to decide whether or not the care that was rendered by the defendant deviated from the accepted standard of care.
What the medical expert will be doing basically is decide whether the defendant health care provider or doctor committed a significant error, either by his act (doing something) or omission (not doing something). Based on the expert witness' opinion about your doctor malpractice case, your medical attorney can now make an accurate evaluation about its merits and value.
Why medical attorneys gather records to evaluate your case
During your initial meeting, your medical attorneys will want to know the facts about your doctor malpractice case. Medical lawyers need this information to form an opinion about the merits and value of your doctor malpractice case. Medical attorneys will back up the information you supplied by gathering the records necessary for review.
Your medical lawyers will not stop at just learning what you, as client, remember. Your medical attorneys or medical lawyers will have to practically dig out your medical records to make an accurate evaluation of your doctor malpractice case. Your medical attorneys will study the entire chart, not just the part that seems relevant to you.
A doctor malpractice case or medical lawsuit is a big undertaking for any medical attorney. A medical lawsuit or doctor malpractice case entails hundreds of hours of work as well as tens or even hundreds of thousands of dollars in expenditures and other related costs.
The medical lawyer wants to be sure that he has all the vital facts, proof and evidence. The medical attorney will do all this to make sure that there is nothing that will derail an otherwise good doctor malpractice case. To start the process, your medical attorney will need to get complete copies of all of the records. It follows that if your doctor malpractice case involves imaging studies such as MRIs, X-rays, CT scans and other similar exams, your medical attorney will need to get copies of those films too.
Your medical lawyers will not stop at just learning what you, as client, remember. Your medical attorneys or medical lawyers will have to practically dig out your medical records to make an accurate evaluation of your doctor malpractice case. Your medical attorneys will study the entire chart, not just the part that seems relevant to you.
A doctor malpractice case or medical lawsuit is a big undertaking for any medical attorney. A medical lawsuit or doctor malpractice case entails hundreds of hours of work as well as tens or even hundreds of thousands of dollars in expenditures and other related costs.
The medical lawyer wants to be sure that he has all the vital facts, proof and evidence. The medical attorney will do all this to make sure that there is nothing that will derail an otherwise good doctor malpractice case. To start the process, your medical attorney will need to get complete copies of all of the records. It follows that if your doctor malpractice case involves imaging studies such as MRIs, X-rays, CT scans and other similar exams, your medical attorney will need to get copies of those films too.
Medical lawyers meet with clients to gather basic facts
Medical lawyers need to understand the reasons why you believe you have a doctor malpractice case. This is why medical attorneys meet with clients to gather facts about their client's doctor malpractice case. Medical lawyers greatly appreciate time lines as well as written summaries. Knowing about what you think went wrong will supply a point of reference by telling the medical attorney which records he needs to gather and for what period of time.
Your medical lawyer or medical attorney will ask you a lot of probing questions. Do not hold anything back from your medical lawyer. This will help your medical attorney understand what type of damages or physical injuries you sustained as a result of medical negligence of doctor malpractice.
Supplying your medical attorney vital facts about your doctor malpractice case or medical lawsuit as well as answering his questions as best as you can will allow your medical lawyer to make at least a preliminary assessment about what type of impact you, as a potential plaintiff, will have on a jury.
Medical attorneys know that regardless of how good the facts of your doctor malpractice case are, it will be worthless unless a jury will want to give you money at the end of the trial.
You need to understand that your prospective medical lawyer is evaluating you as a potential client as well as a witness during your initial meeting with the medical attorney. So don't take this meeting with your medical lawyer for granted. This is the time when you really need to focus on facts and give your medical attorney or medical lawyer the information he requires.
Your medical lawyer or medical attorney will ask you a lot of probing questions. Do not hold anything back from your medical lawyer. This will help your medical attorney understand what type of damages or physical injuries you sustained as a result of medical negligence of doctor malpractice.
Supplying your medical attorney vital facts about your doctor malpractice case or medical lawsuit as well as answering his questions as best as you can will allow your medical lawyer to make at least a preliminary assessment about what type of impact you, as a potential plaintiff, will have on a jury.
Medical attorneys know that regardless of how good the facts of your doctor malpractice case are, it will be worthless unless a jury will want to give you money at the end of the trial.
You need to understand that your prospective medical lawyer is evaluating you as a potential client as well as a witness during your initial meeting with the medical attorney. So don't take this meeting with your medical lawyer for granted. This is the time when you really need to focus on facts and give your medical attorney or medical lawyer the information he requires.
Friday, May 8, 2009
How medical attorneys evaluate malpractice cases
Medical attorneys evaluate doctor malpractice in a systematic step by step manner. However for most clients, doctor malpractice case evaluation can be a baffling process. Now, let's unravel some of the mystery surrounding medical lawsuits and how medical attorneys evaluate you doctor malpractice case.
Law differs from one state to another, however, the procedure your medical lawyer will follow to evaluate the merits of your doctor malpractice case should be pretty much uniform.
Law differs from one state to another, however, the procedure your medical lawyer will follow to evaluate the merits of your doctor malpractice case should be pretty much uniform.
- Medical lawyers meet with clients to gather basic facts;
- Medical attorneys will gather whatever records are necessary for review;
- Medical attorneys will consult an expert to see if there is doctor malpractice;
- Medical lawyers have the records examined by an expert whether causation exists; and
- Medical attorneys make an preliminary assessment of value.
Sunday, May 3, 2009
Brain injury and cerebral palsy symptoms
Cerebral palsy symptoms can manifest in many different forms. Often doctor malpractice is the cause of traumatic injuries that occur during birth. If your baby or child displays cerebral palsy symptoms and you believe that he or she has been a victim of doctor malpractice, talk to a medical attorney to know more about your rights. Medical lawyers and expert medical consultants can reveal whether or not doctor malpractice was responsible for these injuries that led to cerebral palsy and cerebral palsy symptoms.
Cerebral palsy (cerebral palsy symptoms) as well as other birth injuries can happen during the delivery process or by improper prenatal care. If your child shows cerebral palsy symptoms, there's a high probability that his suffering is due to failure of the doctor or medical professional to recognize fetal distress. Or, if they did, they responded too slowly. Find an experienced medical attorney to handle these complex doctor malpractice issues for you.
Certainly there are cases where child's condition resulted from genetics, like for instance a chromosomal disorder. But in most cases cerebral palsy and cerebral palsy symptoms are the result of doctor malpractice.
Significant injuries can happen when the doctor or nurse failed to read or inaccurately read the fetal monitor strips. If the strips indicate fetal distress and the doctor failed to act immediately, the fetus could be deprived of oxygen supply, causing the baby to sustain brain damage that could have been avoided.
In other cases, the misuse of forceps or vacuum during delivery has been blamed for traumatic brain injuries to newborn. Being very soft, applying too much pressure to the newborn's skull can cause a direct trauma to the brain.
If your child exhibits cerebral palsy symptoms, and you believe it has been caused by medical negligence or doctor malpractice, consult a cerebral palsy attorney in your area to know more about your legal rights.
Cerebral palsy (cerebral palsy symptoms) as well as other birth injuries can happen during the delivery process or by improper prenatal care. If your child shows cerebral palsy symptoms, there's a high probability that his suffering is due to failure of the doctor or medical professional to recognize fetal distress. Or, if they did, they responded too slowly. Find an experienced medical attorney to handle these complex doctor malpractice issues for you.
Certainly there are cases where child's condition resulted from genetics, like for instance a chromosomal disorder. But in most cases cerebral palsy and cerebral palsy symptoms are the result of doctor malpractice.
Significant injuries can happen when the doctor or nurse failed to read or inaccurately read the fetal monitor strips. If the strips indicate fetal distress and the doctor failed to act immediately, the fetus could be deprived of oxygen supply, causing the baby to sustain brain damage that could have been avoided.
In other cases, the misuse of forceps or vacuum during delivery has been blamed for traumatic brain injuries to newborn. Being very soft, applying too much pressure to the newborn's skull can cause a direct trauma to the brain.
If your child exhibits cerebral palsy symptoms, and you believe it has been caused by medical negligence or doctor malpractice, consult a cerebral palsy attorney in your area to know more about your legal rights.
Saturday, May 2, 2009
Medical attorneys' proof of your claim
One of your medical attorney's major tasks is proving your doctor malpractice claims. This is what a medical lawyer will do basically to protect your rights. In a lot of medical lawsuit cases, there is a need to retain a number of medical experts who will assess as well as substantiate your doctor malpractice claim. This is because your medical attorney or medical lawyer must prove the validity of your doctor malpractice claim.
Your medical attorneys or medical lawyers must prove a couple of things:
- Your doctor's care for you fell short of the acceptable standard. This is one of the most important things medical lawyers or medical attorneys must establish in court.
- Your medical condition worsened because of a medical error.
It is your medical attorneys' responsibility to work with credible experts and specialists to review your doctor malpractice case.
Usually, medical attorneys or medical lawyers will take on your doctor malpractice case on a contingency basis. This simply means that you need not pay your medical lawyers their medical attorney's fees until they have obtained a recovery for you in the form of damages and medical compensation. In most instances, when medical attorneys work on a contingency fee basis, you also do not have to pay for any out-of-pocket-costs or fees, and there will be no need for you to reimburse your medical attorneys unless your medical lawyers have won your case for you.
For more information about medical lawsuits or if you want to know more about your rights, schedule an appointment with a medical lawyer in your area.
Sunday, April 26, 2009
When you and your medical attorney disagree during the first meeting
If you during your first meeting with your medical attorney, the two of you do not agree on certain issues, then both of you should immediately start resolving potential problems. A smooth relationship with your medical attorney is vital to a successful medical lawsuit.
Ask your medical lawyer whether he will agree to arbitration should a serious dispute arise between you two. A common area of disagreement would be cost or expenses. This can be resolved if both parties are willing to come up with a solution that will benefit everyone.
In some states, it is compulsory for medical attorneys to agree to arbitrate certain types of disputes with their clients. A number of state bar associations do have arbitration committees. This committee is charged with the task of settling disputes between you and your medical attorney whatever they may be.
Ask your medical lawyer whether he will agree to arbitration should a serious dispute arise between you two. A common area of disagreement would be cost or expenses. This can be resolved if both parties are willing to come up with a solution that will benefit everyone.
In some states, it is compulsory for medical attorneys to agree to arbitrate certain types of disputes with their clients. A number of state bar associations do have arbitration committees. This committee is charged with the task of settling disputes between you and your medical attorney whatever they may be.
Will my medical attorney allow me to actively participate in my case?
If you're wondering whether your medical attorney will allow you to actively participate in your doctor malpractice case. Then the answer is yes.
It will be to your advantage if you actively participate in your doctor malpractice case. When you hire your medical lawyer, you are paying him to give you legal advice. Your medical attorney shouldn't be making any major decision about whether to push through or how to go about with the case without your consent.
Pay attention to whether the medical attorney seems willing and able to explain the doctor malpractice case to you. Does he answer your questions clearly and completely? Ask the medical attorney what information will be supplied to you.
In order to actively participate in your doctor malpractice case you need to also ask your medical lawyer in what manner and how often will you be kept informed about your case' progress. Will the medical attorney furnish you copies of documents that have to do with your case? Will it be possible for you to cut down on medical lawyer's fees and other costs by gathering documents or otherwise assisting in the effort? If so, then do it.
The more actively involved you are with your doctor malpractice case, the better you understand the process and the better prepared you will be whatever the outcome of your case.
It will be to your advantage if you actively participate in your doctor malpractice case. When you hire your medical lawyer, you are paying him to give you legal advice. Your medical attorney shouldn't be making any major decision about whether to push through or how to go about with the case without your consent.
Pay attention to whether the medical attorney seems willing and able to explain the doctor malpractice case to you. Does he answer your questions clearly and completely? Ask the medical attorney what information will be supplied to you.
In order to actively participate in your doctor malpractice case you need to also ask your medical lawyer in what manner and how often will you be kept informed about your case' progress. Will the medical attorney furnish you copies of documents that have to do with your case? Will it be possible for you to cut down on medical lawyer's fees and other costs by gathering documents or otherwise assisting in the effort? If so, then do it.
The more actively involved you are with your doctor malpractice case, the better you understand the process and the better prepared you will be whatever the outcome of your case.
Questions for your prospective medical attorney
When meeting your prospective medical attorney for the first time, the first thing you'd probably want to ask about is the possible outcome of your doctor malpractice case.
This is a good question to ask any medical lawyer. However, beware of medical attorneys who guarantee a big settlement or assure a victory. Keep in mind that basically there are two sides to every legal issue. In addition, there are a lot of other factors that can affect the resolution of your medical lawsuit.
Go ahead and ask for the medical attorney's opinion of your doctor malpractice case's. What does the medical lawyer think your case' strengths and weaknesses are? As a follow-up question, you might want to know whether the medical lawyer thinks the medical lawsuit will settle out of court or go to trial.
How will settlement or going to trial be advantageous or disadvantageous to you? What type of experience does the medical attorney have regarding medical lawsuit trial? Last but not least, ask the medical attorney whether or not he will be willing to appeal the decision in case you lose the medical lawsuit.
The answers to these questions should give you a pretty good idea of how well the medical attorney will be handling your doctor malpractice case if and when you hire him. If in doubt, consult other medical lawyers. Get a second or third opinion about your case.
This is a good question to ask any medical lawyer. However, beware of medical attorneys who guarantee a big settlement or assure a victory. Keep in mind that basically there are two sides to every legal issue. In addition, there are a lot of other factors that can affect the resolution of your medical lawsuit.
Go ahead and ask for the medical attorney's opinion of your doctor malpractice case's. What does the medical lawyer think your case' strengths and weaknesses are? As a follow-up question, you might want to know whether the medical lawyer thinks the medical lawsuit will settle out of court or go to trial.
How will settlement or going to trial be advantageous or disadvantageous to you? What type of experience does the medical attorney have regarding medical lawsuit trial? Last but not least, ask the medical attorney whether or not he will be willing to appeal the decision in case you lose the medical lawsuit.
The answers to these questions should give you a pretty good idea of how well the medical attorney will be handling your doctor malpractice case if and when you hire him. If in doubt, consult other medical lawyers. Get a second or third opinion about your case.
Saturday, April 25, 2009
Why medical lawyers sometimes refer you to other medical attorneys
There will be times when your medical attorney will refer your doctor malpractice case to another medical lawyer. When this happens, take it easy. This doesn't mean that your medical lawyer is taking your case for granted or is not interested in it.
Sometimes, a medical attorney will suggest that another medical lawyer, either in the same firm or outside, handle your medical lawsuit. It could be that the original medical attorney is too busy to give your doctor malpractice case the full attention it deserves. Maybe your problem requires another medical attorney's expertise.
While, nobody likes to feel that his or her doctor malpractice case is being shifted to another medical lawyer, most reassignments within firms happen for a good and valid reason.
The best thing that you can do when this happens is to meet your new medical lawyer as soon as possible and make sure that you are comfortable with him.
Sometimes, a medical attorney will suggest that another medical lawyer, either in the same firm or outside, handle your medical lawsuit. It could be that the original medical attorney is too busy to give your doctor malpractice case the full attention it deserves. Maybe your problem requires another medical attorney's expertise.
While, nobody likes to feel that his or her doctor malpractice case is being shifted to another medical lawyer, most reassignments within firms happen for a good and valid reason.
The best thing that you can do when this happens is to meet your new medical lawyer as soon as possible and make sure that you are comfortable with him.
Sunday, April 19, 2009
How medical attorneys deal with cosmetic malpractice cases
Every medical attorney or lawyer knows that cosmetic malpractice cases are different from the usual doctor malpractice cases. Any medical lawyer will tell you that if you have received cosmetic surgery and the results are not satisfactory, it can be a terrible thing to have to deal with. You may even feel that you have a cosmetic malpractice case against the doctor who performed the surgery. If so, it is most definitely worth it to have a consultation with a medical attorney; however, cosmetic malpractice cases rarely win. There are several reasons why this is so.
Risks regarding surgery
With every type of surgery – including cosmetic surgery, there are risks involved. From severe swelling and bruising to the inability for the wound to heal correctly, there are always going to be risks. Individuals who go through surgery are typically aware of the types of risks involved and therefore, juries are not usually sympathetic. However, this is not always the case. Depending upon what happened to you, you may still have a cosmetic malpractice case.
What the jury and the judge will typically look at is whether the doctor was in some way negligent or if the injuries that were sustained happened due to the normal risks that are involved in these types of surgeries and procedures.
Distinguishing horrible but naturally occurring injuries related to surgery from something that could have easily been prevented by the doctor is sometimes difficult.
Cosmetic malpractice cases seldom reach trial. One of the reason doctor malpractice cases of this kind don’t win often is because insurance companies typically settle with the cases they think they will lose. For this reason, most cosmetic malpractice cases are settled out of court. If the insurance company isn’t ready to settle your case out of court, you can bet that they are quite sure they will win the case. A case that is allowed to go to court by the insurance company is not likely to come out in favor of the plaintiff.
In some cases, individuals who may have a medical malpractice case who cannot agree on the settlement terms may go into arbitration or mediation with the defendant. This is another option for settling things and making both parties satisfied. Whether or not to proceed with this type of arrangement depends entirely upon the case and what kinds of injuries were sustained.
Cosmetic-related doctor malpractice cases that make it to trial are unlikely to have a positive outcome for one simple reason: Juries are notoriously unsympathetic to victims of cosmetic surgery errors, because they feel the victim brought it upon his or herself.
However, there are cases where the claim is legitimate, and juries may recognize that. Only a qualified medical lawyer can tell you if you have a meritorious case or not.
What to do when you're not sure
Most of the time, having a consultation with a medical malpractice attorney is enough to help you realize whether or not you have a chance at winning your case. Medical attorneys are well versed in the laws and in which cases have a chance of winning or not. Meeting with an attorney can help clear up your questions and if the medical lawyer believes you have a shot, you can decide from there what route you want to take.
Risks regarding surgery
With every type of surgery – including cosmetic surgery, there are risks involved. From severe swelling and bruising to the inability for the wound to heal correctly, there are always going to be risks. Individuals who go through surgery are typically aware of the types of risks involved and therefore, juries are not usually sympathetic. However, this is not always the case. Depending upon what happened to you, you may still have a cosmetic malpractice case.
What the jury and the judge will typically look at is whether the doctor was in some way negligent or if the injuries that were sustained happened due to the normal risks that are involved in these types of surgeries and procedures.
Distinguishing horrible but naturally occurring injuries related to surgery from something that could have easily been prevented by the doctor is sometimes difficult.
Cosmetic malpractice cases seldom reach trial. One of the reason doctor malpractice cases of this kind don’t win often is because insurance companies typically settle with the cases they think they will lose. For this reason, most cosmetic malpractice cases are settled out of court. If the insurance company isn’t ready to settle your case out of court, you can bet that they are quite sure they will win the case. A case that is allowed to go to court by the insurance company is not likely to come out in favor of the plaintiff.
In some cases, individuals who may have a medical malpractice case who cannot agree on the settlement terms may go into arbitration or mediation with the defendant. This is another option for settling things and making both parties satisfied. Whether or not to proceed with this type of arrangement depends entirely upon the case and what kinds of injuries were sustained.
Cosmetic-related doctor malpractice cases that make it to trial are unlikely to have a positive outcome for one simple reason: Juries are notoriously unsympathetic to victims of cosmetic surgery errors, because they feel the victim brought it upon his or herself.
However, there are cases where the claim is legitimate, and juries may recognize that. Only a qualified medical lawyer can tell you if you have a meritorious case or not.
What to do when you're not sure
Most of the time, having a consultation with a medical malpractice attorney is enough to help you realize whether or not you have a chance at winning your case. Medical attorneys are well versed in the laws and in which cases have a chance of winning or not. Meeting with an attorney can help clear up your questions and if the medical lawyer believes you have a shot, you can decide from there what route you want to take.
Questions to ask your medical attorney
What sort of questions should you ask a medical attorney?
Ask your medical attorney or lawyer if staff such as paralegals or law clerks will be used in researching or preparing the case. If so, you need to ask your medical attorney further questions:
- Ask the medical lawyer about his or her experience and areas of practice.
- How long has the medical attorney and the law firm been practicing law?
- What kinds of legal problems does the lawyer handle most often?
- Are most clients individuals or businesses?
Ask your medical attorney or lawyer if staff such as paralegals or law clerks will be used in researching or preparing the case. If so, you need to ask your medical attorney further questions:
- Will there be separate charges for their services?
- Who will be consulted if the medical lawyer is unsure about some aspects of your medical lawsuit?
- Will the medical lawyer recommend another medical attorney or firm if he or she is unable to handle your doctor malpractice case?
Meeting your medical lawyer for the first time
Before you decide to hire your medical lawyer, it's best to meet him first. Usually, a medical attorney will meet with you briefly or talk with you by phone so you two can get acquainted.
This is your chance to talk with your prospective medical lawyer before making your hiring decision final. Medical attorneys, in many cases, do not charge for an initial consultation. However, just to be safe, ask the medical lawyer about fees before meeting him for the first time.
During this meeting, you can decide whether you want to hire that lawyer. A lot of people feel intimidated by lawyers. Bear in mind, however, that you're the one doing the hiring, and the most important thing to consider is that you're satisfied with what you're getting for your money. Before you make any decisions whether or not to hire the medical attorney, you might want to ask him certain questions to aid in your evaluation.
This is your chance to talk with your prospective medical lawyer before making your hiring decision final. Medical attorneys, in many cases, do not charge for an initial consultation. However, just to be safe, ask the medical lawyer about fees before meeting him for the first time.
During this meeting, you can decide whether you want to hire that lawyer. A lot of people feel intimidated by lawyers. Bear in mind, however, that you're the one doing the hiring, and the most important thing to consider is that you're satisfied with what you're getting for your money. Before you make any decisions whether or not to hire the medical attorney, you might want to ask him certain questions to aid in your evaluation.
Saturday, April 18, 2009
What's a damages cap? How do medical attorneys deal with it?
Some states do not allow medical attorneys or judges to inform the jurors about damages cap. The reason for this rule is to prevent jurors from changing their decision about other compensation for the doctor malpractice victim. This keeps the legal process fair for both you and the doctor.
A damages cap limits the amount of money a jury may award to you in a malpractice case. The damages cap varies by state. Some states do not cap damages at all, claiming that to do so would violate that state's constitution. Indiana caps damages at $500,000, while California caps damages at $250,000. States may put a limit on punitive damages only, or on both punitive damages and any money that compensates you for your injury alone. Putting caps on damages is a hot topic in legal and political circles. The type of cap may vary from state to state, but look for more states to put a cap on damages in the coming years.
If you live in a state that has a $100,000 cap on damages and the jury learns about it, they might decide that you suffered a minor injury. The jury may start with the $100,000 and decide that you deserve only about a quarter of that because your injury was minor. That leaves you with $25,000.
If the jury had not known about the cap, they might have started with a figure of $500,000 and awarded you a quarter of that, which is $125,000. Because of the cap, you would only receive $100,000 of that award, but that would still be much more than the $25,000 you would have gotten if the jury knew of the cap.
On the other hand, it is not fair for the jury to award you a million dollars simply because they think the doctor's insurance will cover it, regardless of whether the doctor actually caused your injury. A sympathetic jury is not always a fair jury. The damages cap may protect the doctor from a jury that is disproportionately sympathetic toward you.
A damages cap limits the amount of money a jury may award to you in a malpractice case. The damages cap varies by state. Some states do not cap damages at all, claiming that to do so would violate that state's constitution. Indiana caps damages at $500,000, while California caps damages at $250,000. States may put a limit on punitive damages only, or on both punitive damages and any money that compensates you for your injury alone. Putting caps on damages is a hot topic in legal and political circles. The type of cap may vary from state to state, but look for more states to put a cap on damages in the coming years.
If you live in a state that has a $100,000 cap on damages and the jury learns about it, they might decide that you suffered a minor injury. The jury may start with the $100,000 and decide that you deserve only about a quarter of that because your injury was minor. That leaves you with $25,000.
If the jury had not known about the cap, they might have started with a figure of $500,000 and awarded you a quarter of that, which is $125,000. Because of the cap, you would only receive $100,000 of that award, but that would still be much more than the $25,000 you would have gotten if the jury knew of the cap.
On the other hand, it is not fair for the jury to award you a million dollars simply because they think the doctor's insurance will cover it, regardless of whether the doctor actually caused your injury. A sympathetic jury is not always a fair jury. The damages cap may protect the doctor from a jury that is disproportionately sympathetic toward you.
Medical attorneys, medical lawsuits and medical compensation
If you believe that you have been a victim of doctor malpractice, then you need to see a medical attorney as soon as possible. Often, the health care community will make you believe that medical lawsuits are nothing but frivolous claims. Because of this, most of us are blinded to the fact that for most doctor malpractice victims, the only person they can run to for help is their medical lawyer.
Usually, medical lawsuits are the only means to file grievances and ask for medical compensation.
By filing a medical lawsuit, medical attorneys can help doctor malpractice victims recover damages and receive medical compensation. The filing of medical lawsuits by medical lawyers in effect holds medical professionals accountable and encourages monitoring of health care by individuals as well as organizations.
Statute of limitations
The law sets a time limit within which to file a medical lawsuit or doctor malpractice claim. It is called the medical malpractice statute of limitations. If you failed to comply with the applicable statute of your particular area or state, this could prevent you from making a valid claim and might prevent you from ever recovering damages for any of your injuries.
For further information talk to a medical attorney in your area. Medical lawsuits seek to establish an expected standard of care for the location and type of facility where the alleged doctor malpractice took place. After establishing the standard of care, medical attorneys must prove that that standard was breached, that the breach caused or greatly contributed to an injury or death, and that the doctor malpractice victim is therefore entitled to medical compensation.
For medical lawyers or attorneys, medical malpractice lawsuits are often costly and time-consuming, due in part to the requirement for expert witness testimony. Additionally, doctor malpractice lawsuits require that the medical attorney obtain copies of all of the patient's medical records, which can take weeks or months.
Most medical attorneys take medical lawsuits on a contingency basis. In other words clients don't have to pay their medical lawyers unless the medical lawsuit is won. This is intended to prevent medical attorneys from taking advantage of people, but also means that medical lawsuits may be turned down even if they have merit, if medical lawyers are not willing to take the risk.
Most medical lawsuits never reach trial. Usually, a settlement is reached in advance of actual court proceedings. All parties in medical lawsuits have an opportunity to benefit from a settlement. Settlement allows the defendant to avoid a costly and potentially embarrassing court trial, and settlements are usually for less than the amount originally asked by the plaintiff.
Medical attorneys or medical lawyers, through the filing of a medical lawsuit, can help doctor malpractice victims recover funds associated with medical care, hospitalization costs, lost wages, quality of life, pain and suffering, and punitive damages.
Usually, medical lawsuits are the only means to file grievances and ask for medical compensation.
By filing a medical lawsuit, medical attorneys can help doctor malpractice victims recover damages and receive medical compensation. The filing of medical lawsuits by medical lawyers in effect holds medical professionals accountable and encourages monitoring of health care by individuals as well as organizations.
Statute of limitations
The law sets a time limit within which to file a medical lawsuit or doctor malpractice claim. It is called the medical malpractice statute of limitations. If you failed to comply with the applicable statute of your particular area or state, this could prevent you from making a valid claim and might prevent you from ever recovering damages for any of your injuries.
For further information talk to a medical attorney in your area. Medical lawsuits seek to establish an expected standard of care for the location and type of facility where the alleged doctor malpractice took place. After establishing the standard of care, medical attorneys must prove that that standard was breached, that the breach caused or greatly contributed to an injury or death, and that the doctor malpractice victim is therefore entitled to medical compensation.
For medical lawyers or attorneys, medical malpractice lawsuits are often costly and time-consuming, due in part to the requirement for expert witness testimony. Additionally, doctor malpractice lawsuits require that the medical attorney obtain copies of all of the patient's medical records, which can take weeks or months.
Most medical attorneys take medical lawsuits on a contingency basis. In other words clients don't have to pay their medical lawyers unless the medical lawsuit is won. This is intended to prevent medical attorneys from taking advantage of people, but also means that medical lawsuits may be turned down even if they have merit, if medical lawyers are not willing to take the risk.
Most medical lawsuits never reach trial. Usually, a settlement is reached in advance of actual court proceedings. All parties in medical lawsuits have an opportunity to benefit from a settlement. Settlement allows the defendant to avoid a costly and potentially embarrassing court trial, and settlements are usually for less than the amount originally asked by the plaintiff.
Medical attorneys or medical lawyers, through the filing of a medical lawsuit, can help doctor malpractice victims recover funds associated with medical care, hospitalization costs, lost wages, quality of life, pain and suffering, and punitive damages.
Monday, April 13, 2009
Documents your medical attorneys need to see
When you meet with your medical attorneys to discuss a medical lawsuit which you may have against a doctor and other healthcare provider or hospital, there is only so much that you can actually tell your medical lawyer. However, you can show your medical attorney relevant documents that will help prove your doctor malpractice.
Here is a list of documents your medical lawyer might need to see:
- Your medical records;
- Your mental health records;
- Prescription medicine information;
- Your insurance information;
- Hospital and medical provider invoices and bills;
- Evidence of lost wages;
- Documents received from the defendant; and
- Any other document relating to your claim.
If you have sought treatment from mental health professionals such as psychologists, psychiatrists, or psychotherapists, your medical lawyer will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition. As with medical records, be able to provide your medical attorney with your record, or with a listing of your mental health care providers.
If you have a serious illness or disease, or if you have been hospitalized, it is likely that you are either on or have been on some type of prescription medication or medications. Your medical attorney will need to know the names of any prescription medications which you have taken, including the dosage. While you may be able to tell your medical lawyer this information or while she may be able to find it out by poring through your medical records, you can also show your medical attorney your prescription medications.
If you have any type of health or disability insurance, it is important that your medical attorney knows about it. Hand your medical lawyer copies of your health or disability insurance policy or, in the case of a group plan of insurance, a copy of your certificate of coverage or participation. This will enable your medical lawyer to review the scope of your health insurance coverage.
If you have health insurance, chances are that your insurance will pay for some or all of your doctor and hospital bills. However, those payments may also be denied for a variety of reasons. Whether you are covered by insurance or not, your medical attorney will be interested in seeing how much you, or your insurance company, were charged for medical care and treatment. Keep copies of any invoices or bills that you receive and provide them to your medical lawyer.
If you have lost time from work as a result of your illness your medical attorney may be able to help you recover some of that loss. Some types of health insurance allow coverage for lost wages or profits. In other situations, your medical attorney may try to collect those lost wages or profits directly from the defendant in your medical lawsuit. Either way, your medical lawyer will need to prove that you actually suffered a wage loss and that it was caused by your illness or hospitalization. One of the easiest ways to prove lost wages is to compare earnings from the periods before and after you were sick or hospitalized. Provide your medical lawyer with these wage records. If you do not have your wage records or pay stubs, your medical attorney will be able to request them from your employer on your behalf.
If you have received any documents from the defendant, make sure that you keep them and provide them to your medical attorney. This will enable your medical attorney obtain proof or knowledge of things the defendant admits to be true. Such documents may provide your medical lawyer with an idea of the liability of the defendant, if any.
If there are other documents relevant to your medical lawsuit, show them to your medical attorney. It may not make a win-or-lose difference in your medical lawsuit, but it will provide your medical lawyer with information about you and your history.
Thursday, April 9, 2009
Types of medical attorney's fees
The type of fee arrangement that you make with your medical lawyer will have a significant impact on how much you will pay for the services.
Several factors affect legal fees. They include the amount of time your medical lawyer spent on your problem; your medical attorney's ability, experience and reputation; the novelty and difficulty of the doctor malpractice case; the results obtained; and the costs involved.
Other factors that may effect the medical attorney's fee charged should also be considered such as your medical lawyer's overhead expenses, e.g., rent, utilities, office equipment, computers, etc.
In doctor malpractice cases, there is usually no fee or cost to you to have your case evaluated by qualified medical attorneys. However, you should still check whether you will be charged for this initial meeting.
Most medical lawyers charge on a contingency basis. A contingency fee is based on a percentage of the amount awarded in the case. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary . A one-third fee is common. Some lawyers offer a sliding scale based on how far along the case has progressed before it is settled.
Courts may set a limit on the amount of a contingency fee a medical attorney can receive. This type of fee arrangement may be charged not only in doctor malpractice and personal injury cases, but also in property damage cases, or other cases involving a large sum of money.
Several factors affect legal fees. They include the amount of time your medical lawyer spent on your problem; your medical attorney's ability, experience and reputation; the novelty and difficulty of the doctor malpractice case; the results obtained; and the costs involved.
Other factors that may effect the medical attorney's fee charged should also be considered such as your medical lawyer's overhead expenses, e.g., rent, utilities, office equipment, computers, etc.
In doctor malpractice cases, there is usually no fee or cost to you to have your case evaluated by qualified medical attorneys. However, you should still check whether you will be charged for this initial meeting.
Most medical lawyers charge on a contingency basis. A contingency fee is based on a percentage of the amount awarded in the case. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary . A one-third fee is common. Some lawyers offer a sliding scale based on how far along the case has progressed before it is settled.
Courts may set a limit on the amount of a contingency fee a medical attorney can receive. This type of fee arrangement may be charged not only in doctor malpractice and personal injury cases, but also in property damage cases, or other cases involving a large sum of money.
How medical lawyers determine doctor malpractice liability
Many people erroneously think that just because something goes wrong with a medical procedure it entitles them to see a medical attorney and file a medical lawsuit. The sad truth is it's not easy to sue your doctor and win a medical lawsuit.
Medical lawyers tend to warn prospective clients that medical lawsuits are extremely tough to win. Medical attorneys need to consider three important factors before he decides if your doctor malpractice case is worth pursuing. These are: liability, damages, and who's going to pay the damages.
How do medical attorneys determine if someone is "liable" for medical negligence or doctor malpractice? The first thing a medical lawyer would do is conduct some investigation to determine whether a health care provider or a doctor was negligent, and if so, whether that negligence caused the injury.
Note: Just because the procedure or treatment turned out poorly does not necessarily mean that a doctor or health care provider was negligent.
There are three key factors that determine negligence:
Medical lawyers will not stop at proving only the doctor's negligence, but will probe further in order to know whether or not the negligence caused or worsened the patient's condition. For instance, a case that involves misdiagnosis of cancer that caused a patient's death, the doctor may successfully defend himself by proving that the illness was terminal and that nothing could have been done anyway.
Once your medical attorney has established liability you are entitled to damages, which can include medical compensation, lost wages as well as pain and suffering. The damages may cover losses you've already suffered as well as future medical bills and lost wages.
Damages vary widely depending on each person's situation - even two people of the same age who both lose their right index fingers through botched surgical procedures may see very different outcomes. The amount of damages they will receive depends on how the injury affects their earning potential and quality of life. So a professional guitarist may get more for a missing finger than a lawyer and confirmed couch potato whose life won't be as disrupted.
A good medical attorney who takes a look at the witnesses, the individual and the medical circumstances can estimate the potential damage awards.
Damages must be substantial for medical lawyers to take on a case, because of the huge expenses involved - it's not unusual for a medical attorney to dole out $30,000 to $50,000 before the case is resolved.
Many medical lawsuits require two or three doctors to serve as expert witnesses to support the injured patient's case - doctors who may charge upwards of $1,500 an hour to review records or answer a medical attorneys' questions.
Doctor malpractice claims tend to be a fight to the death; they're settled less often than most other cases, which means more time and expense.
Even if you decide you can establish liability, the person or organization you're suing must have the resources to pay damages for your case to be worthwhile. Usually, this isn't an issue in the case of a doctor, hospital or clinic. The vast majority of health care providers are insured and the insurance company steps in to cover the loss in the event of a medical malpractice claim.
Keep in mind that you have a deadline to file your claim. The statute of limitations varies by state but is typically about two years. That time often starts running at the moment of the negligent act, but other factors may come into play, such as when you learned of the negligence and when you stopped receiving treatment.
Medical lawyers tend to warn prospective clients that medical lawsuits are extremely tough to win. Medical attorneys need to consider three important factors before he decides if your doctor malpractice case is worth pursuing. These are: liability, damages, and who's going to pay the damages.
How do medical attorneys determine if someone is "liable" for medical negligence or doctor malpractice? The first thing a medical lawyer would do is conduct some investigation to determine whether a health care provider or a doctor was negligent, and if so, whether that negligence caused the injury.
Note: Just because the procedure or treatment turned out poorly does not necessarily mean that a doctor or health care provider was negligent.
There are three key factors that determine negligence:
- The accepted standard of care;
- whether that standard was followed; and
- if the standard of care was not followed, whether the failure to follow that standard caused the injury.
Medical lawyers will not stop at proving only the doctor's negligence, but will probe further in order to know whether or not the negligence caused or worsened the patient's condition. For instance, a case that involves misdiagnosis of cancer that caused a patient's death, the doctor may successfully defend himself by proving that the illness was terminal and that nothing could have been done anyway.
Once your medical attorney has established liability you are entitled to damages, which can include medical compensation, lost wages as well as pain and suffering. The damages may cover losses you've already suffered as well as future medical bills and lost wages.
Damages vary widely depending on each person's situation - even two people of the same age who both lose their right index fingers through botched surgical procedures may see very different outcomes. The amount of damages they will receive depends on how the injury affects their earning potential and quality of life. So a professional guitarist may get more for a missing finger than a lawyer and confirmed couch potato whose life won't be as disrupted.
A good medical attorney who takes a look at the witnesses, the individual and the medical circumstances can estimate the potential damage awards.
Damages must be substantial for medical lawyers to take on a case, because of the huge expenses involved - it's not unusual for a medical attorney to dole out $30,000 to $50,000 before the case is resolved.
Many medical lawsuits require two or three doctors to serve as expert witnesses to support the injured patient's case - doctors who may charge upwards of $1,500 an hour to review records or answer a medical attorneys' questions.
Doctor malpractice claims tend to be a fight to the death; they're settled less often than most other cases, which means more time and expense.
Even if you decide you can establish liability, the person or organization you're suing must have the resources to pay damages for your case to be worthwhile. Usually, this isn't an issue in the case of a doctor, hospital or clinic. The vast majority of health care providers are insured and the insurance company steps in to cover the loss in the event of a medical malpractice claim.
Keep in mind that you have a deadline to file your claim. The statute of limitations varies by state but is typically about two years. That time often starts running at the moment of the negligent act, but other factors may come into play, such as when you learned of the negligence and when you stopped receiving treatment.
Discussing legal costs with your medical lawyer
The first step in reducing legal costs and expenses is by discussing them with your medical lawyers or attorneys. If you and your medical lawyer have discussed the basis and nature of legal fees and costs, and if you have a written medical attorney's fee agreement, then you have taken a very important step in controlling your legal expenses.
Here are a few things to do to help both you and your medical attorney manage the overall fees and costs:
Here are a few things to do to help both you and your medical attorney manage the overall fees and costs:
- Get organized: Right from the start, share as much information as you can with your medical lawyer. Think about the medical lawsuit in advance before talking to a medical lawyer. Write down the questions you want ask your medical attorney. This will help cut down the time that your medical lawyer will spend investigating the case and gathering information.
- Be thorough: Tell your medical attorney all the facts. Do not assume that your medical lawyer knows them all. Everything you tell your medical attorney will be kept in confidence and will not be admissible as evidence against you. So don't be afraid to tell him the truth. When your medical lawyer has sufficient knowledge about your case, surprises are avoided during the course of the representation.
- Be efficient: Try to be as concise as possible. In many circumstances you will pay for every minute you spend with your medical lawyer. A friendly relationship can facilitate the handling of your doctor malpractice case, but you should try to limit your discussions to your legal matter. You will not want to pay for a long, friendly conversation about non-legal matters.
- Communicate: You need to discuss the case with your medical lawyer and prepare for meetings. You are probably the main source of information about your doctor malpractice case. If something new happens, you should inform your medical attorney. It may change what the medical lawyer is doing on the case and save you and your medical attorney time and, of course, money.
- Examine your bill: Do your bills contain costs and expenses beyond those you agreed to pay for? If so, you should bring this to your medical attorney's attention at once and discuss the matter with him.
Wednesday, April 8, 2009
Medical lawyers' fees and other legal costs
The amount your medical lawyers or attorneys charge you for legal services may include the medical lawyer's fees and other legal expenses and costs. If the medical lawyer or medical attorney will represent you in a court proceeding, you will have to pay a filing fee, which may include other court costs.
On your medical lawyer's bill, you may find several costs, which may or may not be charged separately. There are medical lawyers who prefer to lump these costs together as a separate item on medical attorney's bill, while others may include some of these costs in their medical lawyer's fee.
Before hire your medical attorney, find out first whether these costs are included or whether they will be itemized on your bill.
Costs in addition to your medical attorney's time may include:
For example, you will want to find out if there is a set rate for some costs (e.g., $0.15 per page for copying costs). If you are concerned about the costs building up, you can also tell your lawyer that any costs over a certain amount have to be approved by you in advance. You also may be able to negotiate in advance the amount charged for many of these costs.
On your medical lawyer's bill, you may find several costs, which may or may not be charged separately. There are medical lawyers who prefer to lump these costs together as a separate item on medical attorney's bill, while others may include some of these costs in their medical lawyer's fee.
Before hire your medical attorney, find out first whether these costs are included or whether they will be itemized on your bill.
Costs in addition to your medical attorney's time may include:
- Filing fees and court costs;
- Photocopying;
- Telephone and postage charges;
- Paralegal time;
- Messengers;
- Computer or research related costs;
- Secretarial and staff time;
- Deposition and court reporter costs;
- Facsimiles (faxes);
- Experts, consultants, and witness fees;
- Investigators;
- Process Servers (delivery of legal documents relating to case); and
- Travel expense.
For example, you will want to find out if there is a set rate for some costs (e.g., $0.15 per page for copying costs). If you are concerned about the costs building up, you can also tell your lawyer that any costs over a certain amount have to be approved by you in advance. You also may be able to negotiate in advance the amount charged for many of these costs.
Saturday, April 4, 2009
Medical attorney's fees
During the early stages of your meeting with your medical attorneys you should discuss attorney's fees and fee arrangement. Your medical attorney's fee agreement should be clear about the following:
Topics you and your medical attorney might cover during your discussions about medical lawyer's fees and costs:
If your medical attorney asked you to sign a pre-printed medical lawyer's fee agreement, read it carefully and make sure it includes the terms you discussed with your medical attorney. Otherwise, you should ask your medical lawyer to change the language.
The agreement should state clearly what you and your medical attorney agreed to do.
- services your medical lawyer will do for you;
- the type of fees; and
- the sum you will be expected to pay.
Topics you and your medical attorney might cover during your discussions about medical lawyer's fees and costs:
- Type of medical attorney's fee arrangement: How will your medical lawyer bill?
- Will your medical lawyer bill on an hourly basis?
- Will it be on a contingency fee arrangement?
- Will you pay your medical attorney a retainer fee?
- Type of permissible costs:
- Which costs are properly passed on to you?
- Will you have to pay for copying costs?
- How much per page?
- Will you be responsible for electronic research charges? (Make sure you and medical attorney agree which costs you will pay and at what rate you will pay them.)
- Estimated fees and costs:
- What will the case cost?
- Your medical lawyer may not be able to determine the exact amount of time and effort required to handle your case. However, your medical attorney should be in a position to give you an estimate of both fees and costs based upon past experience.
- Frequency and detail:
- You should find out how often your medical attorney will bill you and whether interest or other charges will be added to unpaid amounts.
- The medical lawyer's bills should include details of the services provided along with an itemization of costs.
- If your medical lawyer is working on a contingency arrangement, find out how often you will be billed for costs and when you will receive payment if the doctor malpractice case is resolved in your favor.
- Basic charges:
- If your medical attorney charges by the hour, you should find out the minimum billing segment. Is it one-quarter or one-tenth of an hour or some other figure? For example, a medical lawyer may bill you for a tenth of an hour (six minutes) for a simple three minute telephone call.
- You should also find out whether you will be billed for work by others -- associates, legal assistants, or paralegals.
- Control:
- How much control will you have over fees and expenses?
- Do you want to be notified after fees and expenses reach a certain amount?
- Do you want to be notified before the medical attorney incurs an expense more than a certain amount?
If your medical attorney asked you to sign a pre-printed medical lawyer's fee agreement, read it carefully and make sure it includes the terms you discussed with your medical attorney. Otherwise, you should ask your medical lawyer to change the language.
The agreement should state clearly what you and your medical attorney agreed to do.
The role of medical lawyers
If you believe that you or your loved one has been a victim of doctor malpractice, medical lawyers can help you with your doctor malpractice issue. Talk to an experienced medical attorney, he will know what to do with your case.
Initially your medical attorney will do three things for you:
In general the role and responsibilities of medical attorneys or medical lawyers include:
Now, if you have questions about doctor malpractice, birth trauma, birth injury or cerebral palsy, or if you have questions about a possible medical lawsuit or doctor malpractice claim, contact medical lawyers in your area. Usually, there is no fee or cost to you to have your case evaluated by qualified medical attorneys.
Initially your medical attorney will do three things for you:
- evaluate your case;
- make a full assessment of your legal rights; and
- ensure that those rights are fully are protected.
In general the role and responsibilities of medical attorneys or medical lawyers include:
- researching the law;
- interviewing witnesses;
- collecting records;
- conferring with expert consultants;
- planning legal strategy;
- negotiating with insurers; and
- negotiating with opposing lawyers.
Now, if you have questions about doctor malpractice, birth trauma, birth injury or cerebral palsy, or if you have questions about a possible medical lawsuit or doctor malpractice claim, contact medical lawyers in your area. Usually, there is no fee or cost to you to have your case evaluated by qualified medical attorneys.
Thursday, April 2, 2009
Medical negligence exposes VA patients to HIV and hepatitis
Veterans in South Florida who received a colonoscopy between May 2004 and March 2009 are at risk of exposure to HIV and hepatitis, according to reports. Investigation reveals that these patients were examined with contaminated equipment, a situation that might give rise to potential medical lawsuits against Miami Veterans Affairs Healthcare System.
The VA sent more than 3,200 letters to veterans who had a colonoscopy during that period. According to reports, clinic workers were not following manufacturer's directions for cleaning and maintaining colonoscopy equipment. The colonoscopy tubing was not properly disinfected before use.
The chance of infection is slim, officials say. However, they will take every precaution by examining every veteran who may have been exposed. Since March 23, 2009 (Monday), the VA received more than 2,600 calls from patients who received the letter.
There are about 350 veterans who have already been examined. Still, there are 650 others waiting for their turn.
Reports say, this is not the first time that this sort of thing happened to a VA clinic. In fact the VA Medical Center in Augusta, Georgia faced a similar problem last year. They sent a letter to more than 1,200 patients who may have been exposed to infections after treating them for ear, nose and throat problems between January and November 2008.
If you or a loved has been diagnosed with Hepatitis, HIV or another infection after being treated at a VA medical clinic, you are eligible to recover medical compensation for losses including medical expenses, lost wages, long-term treatments and emotional pain and suffering. Speak with qualified medical attorneys who will help get your case started.
The VA sent more than 3,200 letters to veterans who had a colonoscopy during that period. According to reports, clinic workers were not following manufacturer's directions for cleaning and maintaining colonoscopy equipment. The colonoscopy tubing was not properly disinfected before use.
The chance of infection is slim, officials say. However, they will take every precaution by examining every veteran who may have been exposed. Since March 23, 2009 (Monday), the VA received more than 2,600 calls from patients who received the letter.
There are about 350 veterans who have already been examined. Still, there are 650 others waiting for their turn.
Reports say, this is not the first time that this sort of thing happened to a VA clinic. In fact the VA Medical Center in Augusta, Georgia faced a similar problem last year. They sent a letter to more than 1,200 patients who may have been exposed to infections after treating them for ear, nose and throat problems between January and November 2008.
If you or a loved has been diagnosed with Hepatitis, HIV or another infection after being treated at a VA medical clinic, you are eligible to recover medical compensation for losses including medical expenses, lost wages, long-term treatments and emotional pain and suffering. Speak with qualified medical attorneys who will help get your case started.
Wednesday, April 1, 2009
Medical lawyers help brain damaged boy recover $5M medical compensation
When Michelle and Kendall Turner realized that their son was born impaired, they did not delay in seeking the help of medical attorneys. After hearing their story, the medical lawyers informed them that they did have a possible doctor malpractice claim.
According to the couple's medical lawyers, both the doctor and nurse erred badly on that fateful day. That had Dustin, plaintiffs' son, been delivered by emergency C-section once he started to show distress, he would likely be a healthy boy today.
“Had the very simplest of steps been taken in recognition of the problems going on, Dustin would have been born 100 percent healthy,” the medical attorneys said further.
The Turners say they shouldn’t have taken anything for granted. They believe they should have questioned Dr. Mitchell Zager and labor nurse Mary Doran during Dustin’s stress-filled two-hour delivery.
The medical lawsuit didn't reach trial. It is believed to be among the largest pretrial medical malpractice settlements in the state of New Hampshire. The medical attorneys did their job pretty well, and the Turners received $5 million medical compensation to pay for Dustin's long-term care.
If have questions about a possible medical malpractice claim see a medical attorney as soon as possible. Generally, there is no cost to you to have your case evaluated by qualified medical lawyers.
According to the couple's medical lawyers, both the doctor and nurse erred badly on that fateful day. That had Dustin, plaintiffs' son, been delivered by emergency C-section once he started to show distress, he would likely be a healthy boy today.
“Had the very simplest of steps been taken in recognition of the problems going on, Dustin would have been born 100 percent healthy,” the medical attorneys said further.
The Turners say they shouldn’t have taken anything for granted. They believe they should have questioned Dr. Mitchell Zager and labor nurse Mary Doran during Dustin’s stress-filled two-hour delivery.
The medical lawsuit didn't reach trial. It is believed to be among the largest pretrial medical malpractice settlements in the state of New Hampshire. The medical attorneys did their job pretty well, and the Turners received $5 million medical compensation to pay for Dustin's long-term care.
If have questions about a possible medical malpractice claim see a medical attorney as soon as possible. Generally, there is no cost to you to have your case evaluated by qualified medical lawyers.
Sunday, March 29, 2009
Obstetrician ordered to pay almost $40M medical compensation
A Middlesex County jury found an obstetrician and gynecologist negligent for having waited more than five hours to deliver a baby by caesarean section despite signs of severe fetal distress. The doctor was ordered to pay nearly $40 million medical compensation to the boy and his family.
The boy is now about eight years of age, has cerebral palsy and functions at the level of a two- to four-year-old. His mother said she felt relieved and vindicated by the doctor malpractice judgment against the doctor.
Plaintiff's medical attorney said the verdict, which exceeds a $30 million award to a Randolph mother and her brain-damaged child in 1992, apparently stemmed from the severity of the boy's injuries and the care he will need for the rest of his life.
Today plaintiff's son needs help dressing and showering. His speech is garbled, and he can generally be understood only by his parents. He walks with braces and has a wobbly gait. He has no control over his right hand and has a shunt in his head to drain fluid.
The boy is now about eight years of age, has cerebral palsy and functions at the level of a two- to four-year-old. His mother said she felt relieved and vindicated by the doctor malpractice judgment against the doctor.
Plaintiff's medical attorney said the verdict, which exceeds a $30 million award to a Randolph mother and her brain-damaged child in 1992, apparently stemmed from the severity of the boy's injuries and the care he will need for the rest of his life.
Today plaintiff's son needs help dressing and showering. His speech is garbled, and he can generally be understood only by his parents. He walks with braces and has a wobbly gait. He has no control over his right hand and has a shunt in his head to drain fluid.
Jury awards $16M to child with cerebral palsy symptoms
The baby was born with cerebral palsy symptoms. The child's condition and the cerebral palsy symptoms he exhibits are due to the negligence of Dr. Dennis Lund, a Children's Hospital surgeon and Dr. James Rawn, a former Children's Hospital resident who is now a cardiothoracic fellow at Brigham and Women's Hospital, said the plaintiff's medical attorney.
A Suffolk County jury ordered the doctors to pay plaintiffs $16 million. This makes it one of the largest doctor malpractice awards in Massachusetts to date. The boy is now about six years of age. He suffered severe brain damage during his treatment at Children's Hospital shortly after birth. The boy has the mental capacity of a two- to three-month-old infant, said his medical attorney.
The boy's medical lawyer persuaded the jury that the brain injury was caused by the defendants. The medical attorney charged: "They overdosed this baby with potassium.... The jury found they failed their responsibilities to this child." It was the potassium overdose, the medical attorney said, which precipitated the cardiac arrest.
This medical lawsuit might mark a record for a Massachusetts doctor malpractice award. With interest, the amount paid to the child's parents could total $24 million.
A Suffolk County jury ordered the doctors to pay plaintiffs $16 million. This makes it one of the largest doctor malpractice awards in Massachusetts to date. The boy is now about six years of age. He suffered severe brain damage during his treatment at Children's Hospital shortly after birth. The boy has the mental capacity of a two- to three-month-old infant, said his medical attorney.
The boy's medical lawyer persuaded the jury that the brain injury was caused by the defendants. The medical attorney charged: "They overdosed this baby with potassium.... The jury found they failed their responsibilities to this child." It was the potassium overdose, the medical attorney said, which precipitated the cardiac arrest.
This medical lawsuit might mark a record for a Massachusetts doctor malpractice award. With interest, the amount paid to the child's parents could total $24 million.
Saturday, March 28, 2009
Medical attorneys help cerebral palsy child recover $23.8M medical compensation
Medical lawyers succeeded in obtaining $23.8 million medical compensation for a girl suffering from cerebral palsy. At birth, the child exhibited cerebral palsy symptoms due to a traumatic delivery at Massachusetts General Hospital.
Plaintiff's medical attorneys argued that the obstetricians neglected Maria Lynn McLaughlin while she struggled to deliver her first child and failed to recognize that baby Julia's head was tipped so that she could not fit through her mother's pelvis.
The medical lawyers charged that after 17 hours of labor the defendant doctor pulled the baby out with a vacuum extractor without informing the parents about the risk of brain damage.
''They weren't paying close enough attention to this patient, and they didn't take the time to discuss the situation and warn the parents," said the medical attorneys further.
The verdict, which includes $12.9 million in damages and $10.9 million in interest since the lawsuit's filing in 1998, must be the third largest overall award in state history.
If you have questions about birth trauma, birth injury or cerebral palsy, or if you have questions about a possible doctor malpractice claim, contact medical lawyers in your area. Usually, there is no fee or cost to you to have your case evaluated by qualified medical attorneys.
Plaintiff's medical attorneys argued that the obstetricians neglected Maria Lynn McLaughlin while she struggled to deliver her first child and failed to recognize that baby Julia's head was tipped so that she could not fit through her mother's pelvis.
The medical lawyers charged that after 17 hours of labor the defendant doctor pulled the baby out with a vacuum extractor without informing the parents about the risk of brain damage.
''They weren't paying close enough attention to this patient, and they didn't take the time to discuss the situation and warn the parents," said the medical attorneys further.
The verdict, which includes $12.9 million in damages and $10.9 million in interest since the lawsuit's filing in 1998, must be the third largest overall award in state history.
If you have questions about birth trauma, birth injury or cerebral palsy, or if you have questions about a possible doctor malpractice claim, contact medical lawyers in your area. Usually, there is no fee or cost to you to have your case evaluated by qualified medical attorneys.
Baby with cerebral palsy symptoms awarded $4 million
This is a doctor malpractice case involving an infant who at birth exhibits cerebral palsy symptoms. The minor plaintiff recovers $4 million in medical compensation plus damages for injuries sustained due to fetal distress.
A 34 year-old woman expecting the birth of her first child and was admitted to the hospital in the afternoon with complaints that she had been leaking small amounts of fluids since very early that morning. Tests confirmed that she had ruptured membranes.
The plaintiff also conveyed that she felt good fetal movement earlier that morning but that was unable to detect any signs of movement in the afternoon. The plaintiff was hooked up to an electronic fetal monitor to assess fetal well being as well as to determine the frequency of the plaintiff’s contractions. The plaintiff was unaware of any contractions, but the external fetal monitor displayed mild contractions every 5 to 9 minutes. The baby’s heart rate was reactive with a baseline in the 140’s and no decelerations. Pitocin, a drug used to stimulate labor, was ordered at this time and was subsequently started at 2mu/ml at 4:30 p.m.
At 6:05 p.m., the attending nurse opted for decreased long-term variability and called the attending physician to view the strip. The strip shows a decrease in long-term variability that can indicate that the baby is experiencing some distress, requiring vigilant monitoring.
It took a long time for attending physician to arrive and, in the mean time, additional signs of fetal distress were noted. After several hours of monitoring and noting the baby's worsening condition, no steps were taken to expedite delivery.
The next day at 2:43 a.m., the baby’s heart rate becomes tachycardic at times and there are numerous decelerations with decreased to absent short-term variability. At 4:10 a.m., defendant doctor recognizes that the baby must be delivered and the Pitocin was subsequently shut off, and scalp stimulation was attempted. These were futile steps, as shortly thereafter the baby’s heart rate dropped to 60 bpm and did not recover to baseline.
Defendant doctor claims that between 4:15 and 4:31 a.m. she paged the on-call anesthesiologist (another defendant), in preparation for an emergency Cesarean section. By 4:36 a.m., the fetal heart rate went into a terminal bradycardia, indicating further that the baby was experiencing the cumulative effects of hypoxia. Defendant doctor said that the anesthesiologist was paged a couple of times more after the initial page and that she waited at least 20 minutes for anesthesia. There is no mention of any delay for anesthesia anywhere in the medical records.
However, defendant physicians made the decision to proceed with an emergency Cesarean section without the anesthesiologist. They gave the plaintiff a local anesthetic in order to make their incisions.
The baby was delivered at 4:54 a.m. through particulate meconium. She was limp, apneic and cyanotic with Apgar scores of 1, 2, and 2. She was promptly intubated and taken to NICU.
The minor plaintiff was diagnosed as suffering from hypoxic ischemic encephalopathy, severe metabolic acidosis, and respiratory depression. On the first day of life, minor plaintiff's head ultrasound and cranial CT were within normal limits. However, after a couple of weeks MRI would show ischemic changes in the post-frontal and basal ganglia area confirming the diagnosis of hypoxic ischemic encephalopathy.
Today, the minor plaintiff suffers from profound brain damage as a result of the delay in her delivery. About 8 years of age now, she cannot walk, talk or even hold her head upright unsupported. She feeds through a G tube. She continues to take medication for a seizure disorder. She has been diagnosed with spastic quadriparesis, microcephaly and marked gross/motor delays.
Prior to trial, the parties entered into negotiations which resulted in settlement of the matter in two parts due to the fact that the defendants had separate insurers. The case settled for a total of $4 million.
A 34 year-old woman expecting the birth of her first child and was admitted to the hospital in the afternoon with complaints that she had been leaking small amounts of fluids since very early that morning. Tests confirmed that she had ruptured membranes.
The plaintiff also conveyed that she felt good fetal movement earlier that morning but that was unable to detect any signs of movement in the afternoon. The plaintiff was hooked up to an electronic fetal monitor to assess fetal well being as well as to determine the frequency of the plaintiff’s contractions. The plaintiff was unaware of any contractions, but the external fetal monitor displayed mild contractions every 5 to 9 minutes. The baby’s heart rate was reactive with a baseline in the 140’s and no decelerations. Pitocin, a drug used to stimulate labor, was ordered at this time and was subsequently started at 2mu/ml at 4:30 p.m.
At 6:05 p.m., the attending nurse opted for decreased long-term variability and called the attending physician to view the strip. The strip shows a decrease in long-term variability that can indicate that the baby is experiencing some distress, requiring vigilant monitoring.
It took a long time for attending physician to arrive and, in the mean time, additional signs of fetal distress were noted. After several hours of monitoring and noting the baby's worsening condition, no steps were taken to expedite delivery.
The next day at 2:43 a.m., the baby’s heart rate becomes tachycardic at times and there are numerous decelerations with decreased to absent short-term variability. At 4:10 a.m., defendant doctor recognizes that the baby must be delivered and the Pitocin was subsequently shut off, and scalp stimulation was attempted. These were futile steps, as shortly thereafter the baby’s heart rate dropped to 60 bpm and did not recover to baseline.
Defendant doctor claims that between 4:15 and 4:31 a.m. she paged the on-call anesthesiologist (another defendant), in preparation for an emergency Cesarean section. By 4:36 a.m., the fetal heart rate went into a terminal bradycardia, indicating further that the baby was experiencing the cumulative effects of hypoxia. Defendant doctor said that the anesthesiologist was paged a couple of times more after the initial page and that she waited at least 20 minutes for anesthesia. There is no mention of any delay for anesthesia anywhere in the medical records.
However, defendant physicians made the decision to proceed with an emergency Cesarean section without the anesthesiologist. They gave the plaintiff a local anesthetic in order to make their incisions.
The baby was delivered at 4:54 a.m. through particulate meconium. She was limp, apneic and cyanotic with Apgar scores of 1, 2, and 2. She was promptly intubated and taken to NICU.
The minor plaintiff was diagnosed as suffering from hypoxic ischemic encephalopathy, severe metabolic acidosis, and respiratory depression. On the first day of life, minor plaintiff's head ultrasound and cranial CT were within normal limits. However, after a couple of weeks MRI would show ischemic changes in the post-frontal and basal ganglia area confirming the diagnosis of hypoxic ischemic encephalopathy.
Today, the minor plaintiff suffers from profound brain damage as a result of the delay in her delivery. About 8 years of age now, she cannot walk, talk or even hold her head upright unsupported. She feeds through a G tube. She continues to take medication for a seizure disorder. She has been diagnosed with spastic quadriparesis, microcephaly and marked gross/motor delays.
Prior to trial, the parties entered into negotiations which resulted in settlement of the matter in two parts due to the fact that the defendants had separate insurers. The case settled for a total of $4 million.
Tuesday, March 17, 2009
Medical attorneys and cerebral palsy lawsuits
What is cerebral palsy? The term cerebral palsy describes a group of disorders that affects body movement and muscle coordination. Brain development starts in early pregnancy and continues until approximately age three. If the brain is damaged during this time, it may lead to cerebral palsy.
This damage interferes with messages from the brain to the body, and from the body to the brain. The effects of cerebral palsy vary widely from individual to individual. At its mildest, cerebral palsy may result in a slight awkwardness of movement or hand control. At its most severe, cerebral palsy may result in virtually no muscle control, profoundly affecting movement and speech.
Having a child with cerebral palsy can be difficult for a parent, and although this is a condition that will not worsen as the child grows older it can affect the child’s life quite dramatically. The condition is the result of impaired development or damage to certain areas of the brain, and can be the result of medical malpractice or birth injuries sustained during delivery.
As a parent you could be entitled to claim compensation for your child’s condition if it was caused in this way, and this will go some way towards providing the extra care and attention that your child may need as a sufferer of cerebral palsy. However, it is not always easy to prove negligence, and with medical authorities having expert legal teams on their side you need to ensure that you also have the assistance of someone with specialist knowledge and expertise.
A medical attorney specializing in cerebral palsy lawsuits is the ideal person to help you with your cerebral palsy case, and as a legal expert in this area can put together a solid case to increase your chances of success. Your cerebral palsy medical attorney will gather all of the information and evidence required to get the most favorable outcome possible.
Based on the information that you provide and the evidence available, an experienced cerebral palsy medical lawyer or attorney will be able to advise you immediately whether or not you have a case. Your cerebral palsy medical attorney will also give an assessment regarding your chances of success based on previous similar cases.
Medical attorneys or lawyers with experience and expertise in cerebral palsy medical lawsuit are your invaluable allies, as they can use their skills and knowledge to maximize your chances of a successful medical compensation claim.
Your medical lawyer will take the necessary action to prove your case and to get the medical compensation to which you and your child are entitled.
This damage interferes with messages from the brain to the body, and from the body to the brain. The effects of cerebral palsy vary widely from individual to individual. At its mildest, cerebral palsy may result in a slight awkwardness of movement or hand control. At its most severe, cerebral palsy may result in virtually no muscle control, profoundly affecting movement and speech.
Having a child with cerebral palsy can be difficult for a parent, and although this is a condition that will not worsen as the child grows older it can affect the child’s life quite dramatically. The condition is the result of impaired development or damage to certain areas of the brain, and can be the result of medical malpractice or birth injuries sustained during delivery.
As a parent you could be entitled to claim compensation for your child’s condition if it was caused in this way, and this will go some way towards providing the extra care and attention that your child may need as a sufferer of cerebral palsy. However, it is not always easy to prove negligence, and with medical authorities having expert legal teams on their side you need to ensure that you also have the assistance of someone with specialist knowledge and expertise.
A medical attorney specializing in cerebral palsy lawsuits is the ideal person to help you with your cerebral palsy case, and as a legal expert in this area can put together a solid case to increase your chances of success. Your cerebral palsy medical attorney will gather all of the information and evidence required to get the most favorable outcome possible.
Based on the information that you provide and the evidence available, an experienced cerebral palsy medical lawyer or attorney will be able to advise you immediately whether or not you have a case. Your cerebral palsy medical attorney will also give an assessment regarding your chances of success based on previous similar cases.
Medical attorneys or lawyers with experience and expertise in cerebral palsy medical lawsuit are your invaluable allies, as they can use their skills and knowledge to maximize your chances of a successful medical compensation claim.
Your medical lawyer will take the necessary action to prove your case and to get the medical compensation to which you and your child are entitled.
Sunday, March 15, 2009
Newborn's catastrophic brain damage settled for $5 million
This case involves a child who at birth exhibited cerebral palsy symptoms. Failure on the doctor's part to supervise student and failure to respond appropriately to change in fetal activity level has resulted in catastrophic brain damage in newborn baby.
The boy is now 11 years old. Because of his devastating neurological injuries, he can neither sit, walk, communicate in any way nor can he use his arms or legs purposefully. He cannot swallow food or liquids. At times, he smiles. He cries when he feels pain.
The defendants in the case are a certified nurse midwife and an obstetrician. The claim against the nurse midwife is that on 07/07/97 she abandoned her responsibility for the plaintiff (her patient) during a 33–34 week prenatal visit when she allowed a student to conduct the entire prenatal visit unsupervised by any certified nurse midwife.
The result was that important information about fetal activity was overlooked and the plaintiff was sent home without required follow up testing. The next day, testing was non-reassuring and the plaintiff was admitted to the defendant obstetrician at St. Vincent Hospital for further evaluation.
The plaintiff was 35 years old and this was her first pregnancy.
The claim against the obstetrician is that knowing that she could not safely deliver a 33-34 week baby at St. Vincent Hospital, she failed to immediately transfer the patient to U/Mass Memorial Hospital for evaluation and delivery. Instead, she obtained additional non-reassuring test results, attended to other patients and was generally otherwise unable to account for her activities during the more than four hours that the plaintiff remained at St. Vincent’s. Once transferred to Memorial, the baby was delivered promptly by cesarean section.
Over the July 4th weekend, the plaintiff noticed a change in fetal activity she described as rolling movement that was somewhat less than had been happening previously. On Monday, 07/07/97, she attended a 4:30 p.m. prenatal appointment where she agreed to allow a student to participate in the exam. The plaintiff fully expected to be seen by the certified nurse midwife with whom the appointment had been scheduled. This did not happen.
The student recorded a number of concerning findings — elevated blood pressure, proteinuria, breech presentation and pitting edema from the midcalf down. She was unable to find the fetal heart rate and brought the certified nurse midwife in for that purpose only. As for fetal activity, the student recorded that it was present — technically true. However, she did not record the change and diminution reported to her by the plaintiff. The student spoke with the certified nurse midwife outside of the patient’s room and returned with a plan for a non-stress test to be done the next day. The certified nurse midwife did not evaluate the plaintiff herself. The student told the plaintiff that the non-stress test could not be done that afternoon because the midwife had to leave to pick up her children at camp.
The plaintiffs’ claim is that because of the change in the baby’s activity the non-stress test needed to be done on the same day the plaintiff reported the change in fetal movement.
The plaintiffs’ claim is that the test would have been non-reassuring, as it was the next day, resulting in a timely delivery and the avoidance of brain damage to the baby. The plaintiffs’ claim is that the certified nurse midwife was fully responsible for the plaintiff on 07/07/97 and was required — for a variety of reasons — to personally evaluate the plaintiff herself. Had she done so, rather than turning the visit over to a student, more likely than not, she would have appreciated the plaintiff’s description of the change in fetal activity, leading to timely testing and delivery without injury.
The next morning, 07/08/97, the plaintiff returned to Fallon Clinic as instructed. A non-stress test was non-reactive and the plaintiff was sent to St. Vincent’s Hospital under the care of the defendant obstetrician. The plaintiff remained at St. Vincent’s for more than four hours. During this time, the fetal heart pattern was non-reassuring. A biophysical profile was scored as 2/10. The baby’s movement slowed even more. There were few signs of fetal well-being.
At trial, the defendant obstetrician testified that she thought the baby might have been sleeping and so, did not rush to transfer the plaintiff to a hospital with a Level III nursery where the baby could be safely delivered. Once the decision to transfer was finally made, it took nearly another hour to get the patient from St. Vincent to UMass Memorial, which is a few minutes away.
The plaintiffs claimed that it was unreasonable to presume a sleep cycle in the face of the ever increasing signs of fetal distress, and that the obstetrician should have transferred the plaintiff to UMass Memorial rather than accepting her at St. Vincent Hospital. In the alternative, the plaintiffs claimed that the biophysical profile should have been done immediately upon arrival, would have been scored as 2/10 and the plaintiff would then have been timely transferred and delivered without resultant brain damage to the baby.
The plaintiff was admitted to Labor and Delivery at UMass Memorial Hospital at 3:20 p.m. The baby was born by cesarean section at 4:18 p.m. He weighed 4 pounds, 5 ounces. He was limp and dusky, with a heart rate less than 40, and poor respiratory effort. His Apgar score was 1 at 1 minute, and 8 at 5 minutes. He was given blow-by oxygen, then bag/mask breaths. At 5 minutes of age, he developed grunting, flaring, and retractions, with decreased air exchange. Cord pH was acidotic at 7.00.
The baby remained in the nursery for 57 days. The medical records indicate that he had suffered in utero asphyxiation and hypoxic ischemic encephalopathy. Imaging studies showed a grade III intraventricular hemorrhage and eventually, periventricular leukomalacia.
Presently, the child is blind, has significant hearing impairment, suffers from a seizure disorder, is severely developmentally delayed and has spastic quadriparalesis. He is fed through a jejunostomy tube.
The case was tried before a Worcester jury for eight days. At the end of the second day of deliberations, the parties settled for $5 million.
The boy is now 11 years old. Because of his devastating neurological injuries, he can neither sit, walk, communicate in any way nor can he use his arms or legs purposefully. He cannot swallow food or liquids. At times, he smiles. He cries when he feels pain.
The defendants in the case are a certified nurse midwife and an obstetrician. The claim against the nurse midwife is that on 07/07/97 she abandoned her responsibility for the plaintiff (her patient) during a 33–34 week prenatal visit when she allowed a student to conduct the entire prenatal visit unsupervised by any certified nurse midwife.
The result was that important information about fetal activity was overlooked and the plaintiff was sent home without required follow up testing. The next day, testing was non-reassuring and the plaintiff was admitted to the defendant obstetrician at St. Vincent Hospital for further evaluation.
The plaintiff was 35 years old and this was her first pregnancy.
The claim against the obstetrician is that knowing that she could not safely deliver a 33-34 week baby at St. Vincent Hospital, she failed to immediately transfer the patient to U/Mass Memorial Hospital for evaluation and delivery. Instead, she obtained additional non-reassuring test results, attended to other patients and was generally otherwise unable to account for her activities during the more than four hours that the plaintiff remained at St. Vincent’s. Once transferred to Memorial, the baby was delivered promptly by cesarean section.
Over the July 4th weekend, the plaintiff noticed a change in fetal activity she described as rolling movement that was somewhat less than had been happening previously. On Monday, 07/07/97, she attended a 4:30 p.m. prenatal appointment where she agreed to allow a student to participate in the exam. The plaintiff fully expected to be seen by the certified nurse midwife with whom the appointment had been scheduled. This did not happen.
The student recorded a number of concerning findings — elevated blood pressure, proteinuria, breech presentation and pitting edema from the midcalf down. She was unable to find the fetal heart rate and brought the certified nurse midwife in for that purpose only. As for fetal activity, the student recorded that it was present — technically true. However, she did not record the change and diminution reported to her by the plaintiff. The student spoke with the certified nurse midwife outside of the patient’s room and returned with a plan for a non-stress test to be done the next day. The certified nurse midwife did not evaluate the plaintiff herself. The student told the plaintiff that the non-stress test could not be done that afternoon because the midwife had to leave to pick up her children at camp.
The plaintiffs’ claim is that because of the change in the baby’s activity the non-stress test needed to be done on the same day the plaintiff reported the change in fetal movement.
The plaintiffs’ claim is that the test would have been non-reassuring, as it was the next day, resulting in a timely delivery and the avoidance of brain damage to the baby. The plaintiffs’ claim is that the certified nurse midwife was fully responsible for the plaintiff on 07/07/97 and was required — for a variety of reasons — to personally evaluate the plaintiff herself. Had she done so, rather than turning the visit over to a student, more likely than not, she would have appreciated the plaintiff’s description of the change in fetal activity, leading to timely testing and delivery without injury.
The next morning, 07/08/97, the plaintiff returned to Fallon Clinic as instructed. A non-stress test was non-reactive and the plaintiff was sent to St. Vincent’s Hospital under the care of the defendant obstetrician. The plaintiff remained at St. Vincent’s for more than four hours. During this time, the fetal heart pattern was non-reassuring. A biophysical profile was scored as 2/10. The baby’s movement slowed even more. There were few signs of fetal well-being.
At trial, the defendant obstetrician testified that she thought the baby might have been sleeping and so, did not rush to transfer the plaintiff to a hospital with a Level III nursery where the baby could be safely delivered. Once the decision to transfer was finally made, it took nearly another hour to get the patient from St. Vincent to UMass Memorial, which is a few minutes away.
The plaintiffs claimed that it was unreasonable to presume a sleep cycle in the face of the ever increasing signs of fetal distress, and that the obstetrician should have transferred the plaintiff to UMass Memorial rather than accepting her at St. Vincent Hospital. In the alternative, the plaintiffs claimed that the biophysical profile should have been done immediately upon arrival, would have been scored as 2/10 and the plaintiff would then have been timely transferred and delivered without resultant brain damage to the baby.
The plaintiff was admitted to Labor and Delivery at UMass Memorial Hospital at 3:20 p.m. The baby was born by cesarean section at 4:18 p.m. He weighed 4 pounds, 5 ounces. He was limp and dusky, with a heart rate less than 40, and poor respiratory effort. His Apgar score was 1 at 1 minute, and 8 at 5 minutes. He was given blow-by oxygen, then bag/mask breaths. At 5 minutes of age, he developed grunting, flaring, and retractions, with decreased air exchange. Cord pH was acidotic at 7.00.
The baby remained in the nursery for 57 days. The medical records indicate that he had suffered in utero asphyxiation and hypoxic ischemic encephalopathy. Imaging studies showed a grade III intraventricular hemorrhage and eventually, periventricular leukomalacia.
Presently, the child is blind, has significant hearing impairment, suffers from a seizure disorder, is severely developmentally delayed and has spastic quadriparalesis. He is fed through a jejunostomy tube.
The case was tried before a Worcester jury for eight days. At the end of the second day of deliberations, the parties settled for $5 million.
Saturday, March 14, 2009
Baby's brain injury medical lawsuit settles for $3.5 million
At birth, the baby exhibits cerebral palsy symptoms. Nurse midwives, student nurse midwife and registered nurse and physician are defendants in this medical lawsuit. Defendants allegedly responded improperly to signs of fetal distress that resulted in severe permanent brain damage to a baby.
This medical lawsuit involves a now seven-year-old boy with significant, permanent brain damage caused by in utero hypoxia.
According to plaintiffs’ medical attorneys, from the time pregnancy ended to the day of delivery defendants responded inappropriately to obvious signs of fetal distress allowing the unborn baby to become more and more hypoxic, ultimately resulting in permanent brain damage. The defendants deny that their care was the cause of the child’s neurological damage.
At 38 weeks gestation, plaintiff mother placed a call to the midwifery service and told them that she wasn't feeling well. She also reported decreased fetal movement. The responding defendant midwife addressed the mother’s complaints of cough, but failed to address the decreased fetal movement in any way.
Two days after, the plaintiff presented to hospital where she again complained of decreased fetal movement. Defendant registered nurse placed the patient on the fetal monitor and immediately noted alarming findings -- decelerations in the baby's heart rate and absence of accelerations.
This registered nurse and the defendant student nurse midwife would stay with the patient until the baby was ultimately delivered hours later. For the most part, they provided care without the supervision of the attending obstetrician or the supervising certified nurse midwife. At no time did they take any steps to improve blood flow and oxygen to the baby, i.e.: administer an IV fluid bolus, adjust the maternal position, administer oxygen.
At some time during the morning, the supervising certified nurse midwife was contacted and was informed of the presence of the patient and of the non-reassuring appearance of the fetal heart rate pattern. She chose not to come to the hospital as the attending obstetrician was on the premises. The obstetrician claims that he was unaware that the “midwife” with the patient was a student and that in any event, it was not his responsibility to supervise her.
The defendant obstetrician ordered a biophysical profile. The result calls for an urgent delivery of the baby. The defendant obstetrician, however, waited an hour before obtaining the patient’s consent for Cesarean section and failed to relay to the anesthesiologist that the procedure needed to be done urgently. In the meantime, the nurse and the student nurse midwife continued to attend to the patient and still did not undertake any intrauterine resuscitation measures.
The C-section was performed more than three hours after the doctor read the biophysical profile result. At delivery, the baby was showing cerebral palsy symptoms. His heart rate was only 20, he was floppy and was not breathing. Cord pHs were acidotic at 7.02 and 7.04. Apgar scores were 3 and 7. In the nursery, the child had hypocalcemia (low blood calcium levels), thrombocytopenia (low platelets), and hematuria (blood in his urine) – all signs of in utero hypoxia.
He has since been diagnosed with hypoxic ischemic encephalopathy, cerebral palsy and global developmental delay.
Today, the minor plaintiff lives with devastating inury. He cannot walk or speak. He cannot hold his head up or sit unattended. He feeds via a gastrostomy tube. The minor plaintiff is completely dependent for all activities of daily living.
The plaintiffs claim that the defendants were negligent when each failed to properly respond to the obvious signs of fetal compromise -- decreased fetal activity, a non-reassuring fetal heart rate pattern and a low biophysical profile score. The defendants claim that their care was in keeping with the standard of care and that nothing done or not done contributed to the minor plaintiff’s neurological injury.
The defendants settled the medical lawsuit for $3.5 million before the scheduled trial date.
This medical lawsuit involves a now seven-year-old boy with significant, permanent brain damage caused by in utero hypoxia.
According to plaintiffs’ medical attorneys, from the time pregnancy ended to the day of delivery defendants responded inappropriately to obvious signs of fetal distress allowing the unborn baby to become more and more hypoxic, ultimately resulting in permanent brain damage. The defendants deny that their care was the cause of the child’s neurological damage.
At 38 weeks gestation, plaintiff mother placed a call to the midwifery service and told them that she wasn't feeling well. She also reported decreased fetal movement. The responding defendant midwife addressed the mother’s complaints of cough, but failed to address the decreased fetal movement in any way.
Two days after, the plaintiff presented to hospital where she again complained of decreased fetal movement. Defendant registered nurse placed the patient on the fetal monitor and immediately noted alarming findings -- decelerations in the baby's heart rate and absence of accelerations.
This registered nurse and the defendant student nurse midwife would stay with the patient until the baby was ultimately delivered hours later. For the most part, they provided care without the supervision of the attending obstetrician or the supervising certified nurse midwife. At no time did they take any steps to improve blood flow and oxygen to the baby, i.e.: administer an IV fluid bolus, adjust the maternal position, administer oxygen.
At some time during the morning, the supervising certified nurse midwife was contacted and was informed of the presence of the patient and of the non-reassuring appearance of the fetal heart rate pattern. She chose not to come to the hospital as the attending obstetrician was on the premises. The obstetrician claims that he was unaware that the “midwife” with the patient was a student and that in any event, it was not his responsibility to supervise her.
The defendant obstetrician ordered a biophysical profile. The result calls for an urgent delivery of the baby. The defendant obstetrician, however, waited an hour before obtaining the patient’s consent for Cesarean section and failed to relay to the anesthesiologist that the procedure needed to be done urgently. In the meantime, the nurse and the student nurse midwife continued to attend to the patient and still did not undertake any intrauterine resuscitation measures.
The C-section was performed more than three hours after the doctor read the biophysical profile result. At delivery, the baby was showing cerebral palsy symptoms. His heart rate was only 20, he was floppy and was not breathing. Cord pHs were acidotic at 7.02 and 7.04. Apgar scores were 3 and 7. In the nursery, the child had hypocalcemia (low blood calcium levels), thrombocytopenia (low platelets), and hematuria (blood in his urine) – all signs of in utero hypoxia.
He has since been diagnosed with hypoxic ischemic encephalopathy, cerebral palsy and global developmental delay.
Today, the minor plaintiff lives with devastating inury. He cannot walk or speak. He cannot hold his head up or sit unattended. He feeds via a gastrostomy tube. The minor plaintiff is completely dependent for all activities of daily living.
The plaintiffs claim that the defendants were negligent when each failed to properly respond to the obvious signs of fetal compromise -- decreased fetal activity, a non-reassuring fetal heart rate pattern and a low biophysical profile score. The defendants claim that their care was in keeping with the standard of care and that nothing done or not done contributed to the minor plaintiff’s neurological injury.
The defendants settled the medical lawsuit for $3.5 million before the scheduled trial date.
Wednesday, March 11, 2009
Medical attorneys fear Oklahoma legislature might cap doctor malpractice
Oklahoma medical attorneys brace for doctor malpractice caps as some members of the Oklahoma Legislature are intent on imposing unreasonable caps on non-economic damages in medical lawsuits.
Oklahoma House Bill 1603 would provide a maximum of $300,000 for pain and suffering damages in medical lawsuits in Oklahoma.
Take the case of Karla Beatty, for instance. When doctors removed a brain tumor, Karla developed a serious staph infection in the process, which forced doctors to take a drastic action.
"I lost part of my skull; I lost part of my brain. If he [the doctor] would have just taken the time, when it's been just a little pimple, and took the time to swab in right then, I could still have my vision," says Beatty.
Because Karla's infection was originally misdiagnosed by her doctor, she was awarded thousands of dollars for her pain and suffering in a doctor malpractice or medical lawsuit.
However, under House Bill 1603, Karla would have gotten only a maximum of $300,000 for pain and suffering, regardless of the circumstances.
"How can you say that a dollar is worth that much pain," said Beatty.
"The money does not relieve the pain and suffering," says State Representative Dan Sullivan, who authored the bill.
Sullivan, who was the Doctor's attorney in Karla's case, says that putting a cap on pain and suffering would lower insurance premiums without compromising healthcare.
"What we do not cap is the need for medical expenses and things of that nature where there is no cap," say's Sullivan.
But according to Beatty there a few things the government shouldn't be allowed to decide.
"He (Sullivan) took an oath to the people and he should be working for the people," Beatty says.
Oklahoma House Bill 1603 would provide a maximum of $300,000 for pain and suffering damages in medical lawsuits in Oklahoma.
Take the case of Karla Beatty, for instance. When doctors removed a brain tumor, Karla developed a serious staph infection in the process, which forced doctors to take a drastic action.
"I lost part of my skull; I lost part of my brain. If he [the doctor] would have just taken the time, when it's been just a little pimple, and took the time to swab in right then, I could still have my vision," says Beatty.
Because Karla's infection was originally misdiagnosed by her doctor, she was awarded thousands of dollars for her pain and suffering in a doctor malpractice or medical lawsuit.
However, under House Bill 1603, Karla would have gotten only a maximum of $300,000 for pain and suffering, regardless of the circumstances.
"How can you say that a dollar is worth that much pain," said Beatty.
"The money does not relieve the pain and suffering," says State Representative Dan Sullivan, who authored the bill.
Sullivan, who was the Doctor's attorney in Karla's case, says that putting a cap on pain and suffering would lower insurance premiums without compromising healthcare.
"What we do not cap is the need for medical expenses and things of that nature where there is no cap," say's Sullivan.
But according to Beatty there a few things the government shouldn't be allowed to decide.
"He (Sullivan) took an oath to the people and he should be working for the people," Beatty says.
Raptiva use may lead to medical lawsuits
The use of the psoriasis drug Raptiva could lead to medical lawsuits as the FDA issued a warning that taking the drug could result in serious brain infection and even death.
Raptiva has been found to cause a serious brain infection called progressive multifocal leukoencephalopathy. Three confirmed long term users of Raptiva have developed progressive multifocal leukoencephalopathy (PML) after the use of the injectable drug.
Raptiva is used by adults with moderate to severe plaque psoriasis. It acts by suppressing T-cells in the immune system that cause psoriasis-associated skin inflammation.
Medical attorneys are now starting to look into the facts of potential medical lawsuits involving Raptiva.
If you or a loved one has been diagnosed with progressive multifocal leukoencephalopathy (PML) after the use of Raptiva. If you believe you or someone you love who was taking Raptiva has PML, contact a medical lawyer immediately about your potential Raptiva medical lawsuit.
Raptiva has been found to cause a serious brain infection called progressive multifocal leukoencephalopathy. Three confirmed long term users of Raptiva have developed progressive multifocal leukoencephalopathy (PML) after the use of the injectable drug.
Raptiva is used by adults with moderate to severe plaque psoriasis. It acts by suppressing T-cells in the immune system that cause psoriasis-associated skin inflammation.
Medical attorneys are now starting to look into the facts of potential medical lawsuits involving Raptiva.
If you or a loved one has been diagnosed with progressive multifocal leukoencephalopathy (PML) after the use of Raptiva. If you believe you or someone you love who was taking Raptiva has PML, contact a medical lawyer immediately about your potential Raptiva medical lawsuit.
Sunday, March 8, 2009
Left brain-damaged woman awarded $5 million medical compensation
This is a medical lawsuit involving hospital malpractice in Allegany County Pennsylvania. The jury ordered the University of Pittsburgh Medical Center to pay $5 million to a left brain-damaged woman after she was given eight times the correct dose of sodium required to correct a chemical imbalance.
Plaintiff was diagnosed with an electrolyte deficiency and low sodium after a visit to the emergency room, her medical attorneys said. The hospital's treatment plan was to slowly correct her low sodium. However they accidentally gave her a dosage eight times the amount she should have received.
The sodium overload caused permanent brain damage that has prevented plaintiff from returning to work, impaired her speech and made walking difficult, according to her medical lawyers. She now requires in-home care from her daughter and had a "long recovery period in South Side Hospital and a nursing home, her medical attorneys added.
Plaintiff was diagnosed with an electrolyte deficiency and low sodium after a visit to the emergency room, her medical attorneys said. The hospital's treatment plan was to slowly correct her low sodium. However they accidentally gave her a dosage eight times the amount she should have received.
The sodium overload caused permanent brain damage that has prevented plaintiff from returning to work, impaired her speech and made walking difficult, according to her medical lawyers. She now requires in-home care from her daughter and had a "long recovery period in South Side Hospital and a nursing home, her medical attorneys added.
Missouri wife bleeds to death during dilation and curettage; plaintiff awarded $1.2M settlement
Plaintiff's 49-year-old decedent wife underwent dilation and curettage performed by defendant doctor on January 12th, 2000. Although defendant started the procedure under a local anesthetic, at some point he decided to continue under general anesthesia. Extensive bleeding occurred during the procedure, leading to a lack of blood supply to the brain.
Decedent wife had to be resuscitated. She then died of irreversible brain damage on February 22nd.
Plaintiff's medical lawsuit claimed that the risk of bleeding should have been anticipated and prepared for before the surgery. Plaintiff noted that his wife had a history of diabetes that made her dangerously prone to bleeding. Plaintiff further noted that decedent's hematocrit and hemoglobin levels taken a couple of days prior to the procedure were both low and should have alerted defendants to the potential significance of bleeding during surgery.
Published accounts reveal that the obstetrician/gynecologist and anesthesiologists settled for $1.2 million, while the hospital settled for an undisclosed sum.
Decedent wife had to be resuscitated. She then died of irreversible brain damage on February 22nd.
Plaintiff's medical lawsuit claimed that the risk of bleeding should have been anticipated and prepared for before the surgery. Plaintiff noted that his wife had a history of diabetes that made her dangerously prone to bleeding. Plaintiff further noted that decedent's hematocrit and hemoglobin levels taken a couple of days prior to the procedure were both low and should have alerted defendants to the potential significance of bleeding during surgery.
Published accounts reveal that the obstetrician/gynecologist and anesthesiologists settled for $1.2 million, while the hospital settled for an undisclosed sum.
Saturday, February 28, 2009
Medical attorney helps cerebral palsy child recover $25.5 million
A medical attorney defended the legal rights of a baby delivered with catastrophic brain damage due to doctor malpractice and helped the child recover a total of $25.5 million.
The baby at the time of delivery was showing cerebral palsy symptoms brought about by severe oxygen deprivation. According to plaintiff's medical attorney, had the baby been delivered in a timely manner, this would not have happened and the baby would have been born healthy and normal.
When the baby was delivered at a certain hospital, the baby's mother experienced a complication just prior to delivery, which led to the baby being severely deprived of oxygen. This medical lawsuit had previously been rejected by a prominent Cleveland medical attorney.
At trial, plaintiff's medical attorney proved that the hospital failed to follow the generally accepted standard of care for obstetrical emergencies. Before trial began, a mock jury was utilized by plaintiff's medical attorney bring important issues, from a lay perspective, into sharp focus.
Plaintiff's cerebral palsy attorney used shadow jurors during trial to follow the court proceedings. Also, during trial, plaintiff's medical attorney adjusted his presentation to meet the shadow juror's concerns as they arose.
After deliberating for two and one-half days, the jury awarded the baby and her parents $17 million medical compensation. On top of that, plaintiff's medical attorney obtained an additonal $8.5 million in prejudgment interest because the hospital failed to make a good faith settlement offer prior to trial.
This ultimate judgment is one of the largest medical or doctor malpractice verdicts in the history in the State of Ohio.
The baby at the time of delivery was showing cerebral palsy symptoms brought about by severe oxygen deprivation. According to plaintiff's medical attorney, had the baby been delivered in a timely manner, this would not have happened and the baby would have been born healthy and normal.
When the baby was delivered at a certain hospital, the baby's mother experienced a complication just prior to delivery, which led to the baby being severely deprived of oxygen. This medical lawsuit had previously been rejected by a prominent Cleveland medical attorney.
At trial, plaintiff's medical attorney proved that the hospital failed to follow the generally accepted standard of care for obstetrical emergencies. Before trial began, a mock jury was utilized by plaintiff's medical attorney bring important issues, from a lay perspective, into sharp focus.
Plaintiff's cerebral palsy attorney used shadow jurors during trial to follow the court proceedings. Also, during trial, plaintiff's medical attorney adjusted his presentation to meet the shadow juror's concerns as they arose.
After deliberating for two and one-half days, the jury awarded the baby and her parents $17 million medical compensation. On top of that, plaintiff's medical attorney obtained an additonal $8.5 million in prejudgment interest because the hospital failed to make a good faith settlement offer prior to trial.
This ultimate judgment is one of the largest medical or doctor malpractice verdicts in the history in the State of Ohio.
Case involving negligent removal of ET tube settled for $2.5 million
This is a medical lawsuit involving the negligent removal of a patient's endotracheal tube (ET tube).
A critically ill patient was brought to the hospital. In order to maintain the patient's airway, he was intubated and on a ventilator.
While the patient was being positioned for an x-ray, a hospital personnel accidentally and negligently dislodged his ET tube.
Patient suffered brain injury as a consequence of that hospital personnel's negligent act. Patient died months later. The case was settled for $2.5 million.
A critically ill patient was brought to the hospital. In order to maintain the patient's airway, he was intubated and on a ventilator.
While the patient was being positioned for an x-ray, a hospital personnel accidentally and negligently dislodged his ET tube.
Patient suffered brain injury as a consequence of that hospital personnel's negligent act. Patient died months later. The case was settled for $2.5 million.
Woman with damaged vocal cords awarded $1M medical compensation
This is a doctor malpractice case involving negligent care by anesthesiologist that led to irreparable damage to plaintiff's vocal cords.
Plaintiff was undergoing tubal ligation, and the anesthesiologist was having a hard time intubating the patient. Anesthesiologist resorted to measures deemed by his peers as inappropriate, falling short of the generally accepted standard of care. These inappropriate measures led to the patient's sustaining permanent damage to her vocal cords.
Despite attempts to reconstruct her vocal cords, the plaintiff was left with residual weakness in her voice. The plaintiff was awarded $1 million in medical compensation.
Plaintiff was undergoing tubal ligation, and the anesthesiologist was having a hard time intubating the patient. Anesthesiologist resorted to measures deemed by his peers as inappropriate, falling short of the generally accepted standard of care. These inappropriate measures led to the patient's sustaining permanent damage to her vocal cords.
Despite attempts to reconstruct her vocal cords, the plaintiff was left with residual weakness in her voice. The plaintiff was awarded $1 million in medical compensation.
Friday, February 27, 2009
Stillbirth death of baby settled for $300,000
This medical lawsuit involves the stillbirth death of baby due to nursing and doctor malpractice. Plaintiff mother was admitted to hospital for delivery of her first child.
Upon admission to labor and plaintiff had an initial high blood pressure reading. The attending doctors and nurses, however, failed to observe the generally accepted standard of care expected of them:
Plaintiff's unborn child died due to hypoxic ischemia secondary to placental abruption. The case was settled for $300,000.
Upon admission to labor and plaintiff had an initial high blood pressure reading. The attending doctors and nurses, however, failed to observe the generally accepted standard of care expected of them:
- No repeat of BPs were taken during labor and delivery.
- No steps were taken by labor and delivery nurse to initiate intra-uterine resuscitative measures such as oxygen administration or increasing IV fluid rate.
Plaintiff's unborn child died due to hypoxic ischemia secondary to placental abruption. The case was settled for $300,000.
Thursday, February 26, 2009
Jury awards $365,000 to a couple in Charlotte County
In a doctor malpractice case in Charlotte County, a jury awarded Lisa and Joseph Ferrentino $364,928.10 in doctor malpractice damages against St. Joseph Hospital.
This is a case of wrongful death, where the couple's son was born with deformities on his extremities, face, heart, and brain, said the couple's medical attorney.
The couple’s son was on a respirator and died three days later. During her twenty-second week of pregnancy, Lisa Ferrentino had an ultrasound and St. Joseph Hospital interpreted the results as normal.
The couple contended that the ultrasound was below standard and incomplete.
These are serious consequences to suffer simply because of medical professionals' negligence. Contact a medical attorney in your area if you or anyone you know have experienced any kind of medical negligence or doctor malpractice.
This is a case of wrongful death, where the couple's son was born with deformities on his extremities, face, heart, and brain, said the couple's medical attorney.
The couple’s son was on a respirator and died three days later. During her twenty-second week of pregnancy, Lisa Ferrentino had an ultrasound and St. Joseph Hospital interpreted the results as normal.
The couple contended that the ultrasound was below standard and incomplete.
These are serious consequences to suffer simply because of medical professionals' negligence. Contact a medical attorney in your area if you or anyone you know have experienced any kind of medical negligence or doctor malpractice.
How does a jury determine medical negligence?
In a medical lawsuit, a jury will consider expert testimony before deciding whether or not your doctor is liable for medical or doctor malpractice.
Oftentimes these expert testimonies are from other doctors, who testify whether or not they believe your doctor's actions conform to standard medical practice or fell short of the generally accepted standard of care.
For instance, in deciding whether a brain surgeon was negligent, a jury will rely on expert testimony to determine what a competent brain surgeon would have done under the same or similar circumstances.
Being specialist, a brain surgeon is held to a higher standard of care than would be expected of a non-specialist.
Oftentimes these expert testimonies are from other doctors, who testify whether or not they believe your doctor's actions conform to standard medical practice or fell short of the generally accepted standard of care.
For instance, in deciding whether a brain surgeon was negligent, a jury will rely on expert testimony to determine what a competent brain surgeon would have done under the same or similar circumstances.
Being specialist, a brain surgeon is held to a higher standard of care than would be expected of a non-specialist.
The cerebral palsy attorney's role
The role that your cerebral palsy attorney plays in doctor malpractice and cerebral palsy cases is a very important one. First of all your medical lawyer or medical attorney protects the rights of clients who have suffered from personal injuries, including cerebral palsy, birth injuries, and doctor malpractice.
Medical attorneys can and will help seriously injured clients millions of dollars in the form of medical compensation for the injuries sustained.
If your child has exhibits cerebral palsy symptoms as the result of a birth injury, please call a cerebral palsy attorney today to discuss your case.
There are many cerebral palsy symptoms. They vary greatly depending on how much brain damage occurred and what type of cerebral palsy an individual has. Bear in mind that some people with cerebral palsy may not necessarily have all of these symptoms. Each person’s body reacts differently to the condition; some individuals exhibit severe cerebral palsy symptoms while other people may appear to have very slight forms of the symptoms. A lot of children who have cerebral palsy are diagnosed during infancy, typically before three years of age.
The following is a list of some of the numerous cerebral palsy symptoms:
Medical attorneys can and will help seriously injured clients millions of dollars in the form of medical compensation for the injuries sustained.
If your child has exhibits cerebral palsy symptoms as the result of a birth injury, please call a cerebral palsy attorney today to discuss your case.
There are many cerebral palsy symptoms. They vary greatly depending on how much brain damage occurred and what type of cerebral palsy an individual has. Bear in mind that some people with cerebral palsy may not necessarily have all of these symptoms. Each person’s body reacts differently to the condition; some individuals exhibit severe cerebral palsy symptoms while other people may appear to have very slight forms of the symptoms. A lot of children who have cerebral palsy are diagnosed during infancy, typically before three years of age.
The following is a list of some of the numerous cerebral palsy symptoms:
- bladder problems
- developmental delays (motor skills)-crawling, walking, sitting
- difficulty swallowing
- drooling
- epilepsy or other types of seizures
- hearing impairment
- involuntary movement of the limbs
- lack of head control
- learning disabilities
- little control of bowel movements
- muscles are too loose and unable to be controlled
- peg teeth
- poor perception
- problems behaving appropriately
- problems breathing
- scares easily
- speech difficulties
- stiff muscles
- strange posture
- uses one hand more than the other
- visual impairment.
Sunday, February 15, 2009
Find a good medical attorney
If you believe that you have been a victim of doctor malpractice or medical negligence, the first thing you need to do is seek the help of medical lawyers or medical attorneys.
Find a medical attorney who has tried and settled several malpractice cases. An experienced medical attorney or medical lawyer is an invaluable ally in your fight against doctor malpractice and in helping you get the medical compensation that you deserve as a victim of doctor malpractice.
If you or someone you love has suffered a catastrophic, life-changing injury as the result of the doctor malpractice, see or call a medical attorney immediately for a free consultation.
Usually, doctor malpractice cases are taken on a contingency fee basis so there is no cost to you until your medical attorneys or medical lawyers succeed in helping you get your medical compensation.
Experienced medical attorneys know how to deal with the doctors and hospitals and the defenses they use. Medical attorneys with years of experience know what should and should not happen in the hospital.
Why do you need an experienced medical attorney to handle medical lawsuits?
Unlike other types of personal injury cases, the facts necessary to prove your doctor malpractice case are based on the medical records and the testimony of medical experts.
Your medical attorney must understand the facts in medicine and the law to effectively prepare expert medical witnesses whose testimony is necessary for any successful medical or doctor malpractice case.
Ultimately, your medical attorney or medical lawyer must explain the medical and legal issues to a jury and a Judge to recover the best settlement or verdict.
If you want to have a reasonable chance of winning, you must have a medical attorney who has both experience and track record to present your case.
Find a medical attorney who has tried and settled several malpractice cases. An experienced medical attorney or medical lawyer is an invaluable ally in your fight against doctor malpractice and in helping you get the medical compensation that you deserve as a victim of doctor malpractice.
If you or someone you love has suffered a catastrophic, life-changing injury as the result of the doctor malpractice, see or call a medical attorney immediately for a free consultation.
Usually, doctor malpractice cases are taken on a contingency fee basis so there is no cost to you until your medical attorneys or medical lawyers succeed in helping you get your medical compensation.
Experienced medical attorneys know how to deal with the doctors and hospitals and the defenses they use. Medical attorneys with years of experience know what should and should not happen in the hospital.
Why do you need an experienced medical attorney to handle medical lawsuits?
Unlike other types of personal injury cases, the facts necessary to prove your doctor malpractice case are based on the medical records and the testimony of medical experts.
Your medical attorney must understand the facts in medicine and the law to effectively prepare expert medical witnesses whose testimony is necessary for any successful medical or doctor malpractice case.
Ultimately, your medical attorney or medical lawyer must explain the medical and legal issues to a jury and a Judge to recover the best settlement or verdict.
If you want to have a reasonable chance of winning, you must have a medical attorney who has both experience and track record to present your case.
Recognizing cerebral palsy symptoms
If doctor malpractice at the time of birth results in cerebral palsy symptoms for your child, medical compensation may be available. Your best allies in making an effective medical compensation claim is your medical lawyer.
If your child exhibits cerebral palsy symptoms, he or she may be a victim of doctor malpractice that gives rise to a right to medical compensation claim. Always seek the legal advice of medical attorneys or medical lawyers. Cerebral palsy attorneys or lawyers are the ones most qualified to give you legal advice and information about cerebral palsy symptoms, cerebral palsy lawsuits, doctor malpractice, or other legal issues surrounding birth injury due to doctor malpractice or medical negligence.
Cerebral palsy symptoms can be different in each child. Some children with cerebral palsy only display mild symptoms ranging from clumsiness to awkwardness. However, there are children affected with much more noticeable and disabling cerebral palsy symptoms. These cerebral palsy symptoms include inability to walk, talk, move, or even breathe on their own.
Cerebral palsy symptoms
Recognizing cerebral palsy symptoms early is crucial to obtaining a diagnosis and the necessary treatment for your child. Some of the early cerebral palsy symptoms that a baby may have include:
Even after your child has been diagnosed of cerebral palsy, it would still be difficult to predict the exact impact cerebral palsy will have on your child’s life. In most cases, based on the displayed cerebral palsy symptoms and a myriad of other tests, a doctor will be able to determine the kind of cerebral palsy the child has, and what the possible physical limitations may be associated with that form of the condition.
Cerebral palsy symptoms and the disability your child suffers can range from mild problems to very severe and debilitating limitations.
Here is a list of some of the more severe cerebral palsy symptoms:
To say that caring for a child with cerebral palsy is expensive is an understatement. Caring for a child suffering from cerebral palsy can be financially catastrophic.
If your child's disability was caused by a doctor malpractice or medical negligence at the time of birth, then settlement benefits or medical compensation may be available to cover treatment expenses.
Seek the help of cerebral palsy attorneys
Medical lawyers or medical attorneys specializing in cerebral palsy lawsuits can investigate and review the circumstances surrounding your child's birth. They will determine if the cerebral palsy symptoms and disability was the result of a medical mistake.
The investigation of a cerebral palsy lawsuit requires birth injury specialist medical lawyers or medical attorneys. Look for medical lawyers with the experience and the resources to successfully obtain the medical compensation your child deserves.
There are different deadlines (known as Medical Malpractice Statute of Limitations) in each state which could bar the child’s right to obtain cerebral palsy medical compensation.
See a cerebral palsy attorney. Medical lawyers or medical attorneys will conduct a free consultation as well as medical compensation claim evaluation to find out if medical compensation may be available for your child.
You need not pay any fees or expenses unless and until a medical compensation is obtained for the child.
If your child exhibits cerebral palsy symptoms, he or she may be a victim of doctor malpractice that gives rise to a right to medical compensation claim. Always seek the legal advice of medical attorneys or medical lawyers. Cerebral palsy attorneys or lawyers are the ones most qualified to give you legal advice and information about cerebral palsy symptoms, cerebral palsy lawsuits, doctor malpractice, or other legal issues surrounding birth injury due to doctor malpractice or medical negligence.
Cerebral palsy symptoms can be different in each child. Some children with cerebral palsy only display mild symptoms ranging from clumsiness to awkwardness. However, there are children affected with much more noticeable and disabling cerebral palsy symptoms. These cerebral palsy symptoms include inability to walk, talk, move, or even breathe on their own.
Cerebral palsy symptoms
Recognizing cerebral palsy symptoms early is crucial to obtaining a diagnosis and the necessary treatment for your child. Some of the early cerebral palsy symptoms that a baby may have include:
- poor head control
- excessive startling
- stiffness, floppiness or unusual muscle tone
- difficulty sucking or feeding
- delayed motor development
- poor posture
- slowness to reach developmental milestones (for example: holding head up, rolling over, crawling, supporting own weight)
- seizures (signs of seizures in a newborn)
Even after your child has been diagnosed of cerebral palsy, it would still be difficult to predict the exact impact cerebral palsy will have on your child’s life. In most cases, based on the displayed cerebral palsy symptoms and a myriad of other tests, a doctor will be able to determine the kind of cerebral palsy the child has, and what the possible physical limitations may be associated with that form of the condition.
Cerebral palsy symptoms and the disability your child suffers can range from mild problems to very severe and debilitating limitations.
Here is a list of some of the more severe cerebral palsy symptoms:
- mental disabilities
- hearing and vision problems
- communication problems
- difficulty walking
- difficulty eating
To say that caring for a child with cerebral palsy is expensive is an understatement. Caring for a child suffering from cerebral palsy can be financially catastrophic.
If your child's disability was caused by a doctor malpractice or medical negligence at the time of birth, then settlement benefits or medical compensation may be available to cover treatment expenses.
Seek the help of cerebral palsy attorneys
Medical lawyers or medical attorneys specializing in cerebral palsy lawsuits can investigate and review the circumstances surrounding your child's birth. They will determine if the cerebral palsy symptoms and disability was the result of a medical mistake.
The investigation of a cerebral palsy lawsuit requires birth injury specialist medical lawyers or medical attorneys. Look for medical lawyers with the experience and the resources to successfully obtain the medical compensation your child deserves.
There are different deadlines (known as Medical Malpractice Statute of Limitations) in each state which could bar the child’s right to obtain cerebral palsy medical compensation.
See a cerebral palsy attorney. Medical lawyers or medical attorneys will conduct a free consultation as well as medical compensation claim evaluation to find out if medical compensation may be available for your child.
You need not pay any fees or expenses unless and until a medical compensation is obtained for the child.
Sunday, February 8, 2009
What if your doctor amputated the wrong limb?
If you have been a victim of doctor malpractice, if your doctor amputated the wrong limb or body part, you need to seek the help of medical lawyers or medical attorneys to know your legal rights.
Your medical lawyer or medical attorney will also shed light on whether or not you have a cause of action to file a medical lawsuit and how much medical compensation you will be able to claim from the medical lawsuit.
A simple mistake in marking up can lead to wrong amputation. This type of medical error or doctor malpractice, unfortunately, still happens.
However, in addition to loss of limb, there are other amputations that can be carried out negligently.
Amputation of the wrong testicle
Removal of the wrong testicle is as serious usual resulting in the patient losing both testicles and perhaps the chance to father children.
The wrong disc in a back
Often back discs are removed when someone suffers severe and constant pain and all other remedies have been attempted. If the wrong disc is removed, it is often sometime before the mistake is realized, usually when the patient is still feeling severe pain.
Amputation of the wrong hip
Another dire and serious case of medical negligence causing complications as a replacement hip does not have a great period of longevity.
What should you do?
The first step is to complain, as soon as possible after the event. You should of course demand an explanation, and ensure that the hospital follows its complaints procedures and responds to your complaint.
At the same time you should also seek advice from medical lawyers or medical attorneys. You will need a medical lawyer to help you with your medical compensation claim.
Even with what seems a relatively straightforward claim, it is complex to value the medical compensation claim and needs and expert.
Valuing your medical compensation claim
A medical attorney will value your claim. He or she will obtain evidence to support all aspects of your medical compensation claim. This will include medical evidence from a surgeon (to serve as an expert witness) to explain what went wrong and to confirm that in their expert opinion the treatment was negligent.
In addition, further medical evidence will be required to explain the pain and suffering that you have experienced, advise on any future treatment or operations required, and to comment on the long term impact of the wrong amputation.
This medical evidence will be used to quantify the claim for your pain and suffering.
In addition, your medical lawyer or medical attorney will also claim for losses and expenses.
If your amputation was to a major limb, this can be significant, including alterations to your house or moving costs to a new house, career retraining, ongoing private medical treatment, medical aids and appliances etc.
Other expenses and losses can also be claimed, including lost earnings and travel costs.
A wrong amputation is a serious and costly mistake. Unfortunately, this type of doctor malpractice can only be remedied by a payment of medical compensation.
This clearly cannot replace the lost limb, but is the best that can be done in the circumstances.
Consult medical lawyers or medical attoryneys as soon as you possibly can, to ensure that you take early action to protect your legal rights, and more importantly, to stop such doctor malpractice from occurring again in the future.
Saturday, February 7, 2009
Cerebral palsy child awarded $20.5M medical compensation
In Northwest Pennsylvania, a child suffering from cerebral palsy was awarded $20.5 million in a medical lawsuit filed as a result of doctor malpractice that occurred at the time of the child’s birth.
The medical lawsuit involved the birth of Cody White in June 2001. The child has been showing cerebral palsy symptoms, a condition attributed by the boy's family to the four-hour delay in his delivery.
According to the malpractice or medical lawsuit Laura White, the boy's mother, arrived at Community Medical Center in Scranton, Pennsylvania, to give birth. Immediately, the mother was hooked up to a fetal monitoring system that clearly showed that the baby was in distress.
Despite this finding, a doctor did not arrive to deliver the child for about two hours. Even after the doctor arrived, attempts were made to induce labor instead of doing an emergency caesarean section.
The child is now 7 years old, but as a result of his birth injury, he requires 24 hour care, is unable to use his hands, is mentally retarded, blind and functions at the level of a 9 month old.
The cerebral palsy doctor malpractice or medical lawsuit was decided by a jury in Lackawanna County, Pennsylvania.
Here's a breakdown of the medical compensation awarded to the family: $2 million for past expenses incurred by the parents, and $18.5 million for the child’s pain suffering, lost earning capacity and future medical expenses.
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