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.
Saturday, February 28, 2009
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.
Thursday, February 5, 2009
Requisites of actionable doctor malpractice
If you are a victim of medical or doctor malpractice and you intend to file a medical lawsuit, the first thing you need to do is seek the help of medical lawyers or medical attorneys.
Your medical lawyer or medical attorney will study your case and determine whether or not your claims have merits. All these will depend on your circumstances, the facts surrounding the case and your state law.
State laws govern the viability of causes of action for medical or doctor malpractice. The laws vary in terms of time limits to bring suit (known as Medical Malpractice Statute of Limitations), qualifications of "expert" witnesses, cognizable theories of liability, and proper party defendants/proper party plaintiffs. Notwithstanding these differences, there are common requisites for all cases.
Competent medical lawyers or attorneys will tell you that before any physician can be held liable for doctor malpractice, he or she must owe a duty to patients. Otherwise his or her competency in performing that duty cannot be subject to scrutiny.
According to US jurisprudence a person is not bound to assist injured individuals in the absence of a special relationship with them, for instance doctor-patient or attorney-client relationship.
A doctor dining in a restaurant is not duty-bound to come forward and assist a fellow customer suffering a heart attack.
If the doctor merely continues with his meal and does nothing to help, the ailing person would have no cause of action for doctor malpractice against him, notwithstanding their harm.
However, please take note that once the doctor decides to assist the ailing customer, he or she becomes liable for any injury that results from any negligence during that assistance.
Once the requisite doctor-patient relationship is established, the doctor owes to the patient the duty to render care and treatment with that degree of skill, care, and diligence as possessed by or expected of a reasonably competent physician under the same or similar circumstances.
The "circumstances" include the area of medicine in which the physician practices, the customary or accepted practices of other physicians in the area (the "locality rule"), the level of equipment and facilities available at the time and in that locality, and the exigent circumstances, if any, surrounding the treatment or medical service rendered.
The requisite degree of skill and expertise under the circumstances is established by "expert testimony" from other practicing physicians who share the same or similar skill, training, certification, and experience as the allegedly negligent physician.
Finally, a doctor who has been negligent may not be the only defendant in a subsequent lawsuit. A hospital that has retained the doctor on its staff may be vicariously liable for the doctor's negligence under a theory of "respondeat superior" (let the master answer) that often holds an employer liable for the negligence of its employees.
Your doctor's liability carries with it vicarious liability. Ask medical lawyers or medical attorneys about it; they will gladly explain it to you in more detail.
More often, the doctor has "staff privileges" at the hospital, and the hospital will attempt to prove the limited role it plays in directing or supervising the doctor's work.
Also, a lot of physicians belong to private medical practices, such as limited partnerships or limited liability companies, that also may be vicariously liable for the negligence of their member doctors.
However, a doctor is generally liable for any negligence on the part of his assistants and staff in carrying out his orders or caring for his patients. Likewise, an attending physician is generally liable for any negligence on the part of interns and medical students under the physician's guidance.
Your medical lawyer or medical attorney will study your case and determine whether or not your claims have merits. All these will depend on your circumstances, the facts surrounding the case and your state law.
State laws govern the viability of causes of action for medical or doctor malpractice. The laws vary in terms of time limits to bring suit (known as Medical Malpractice Statute of Limitations), qualifications of "expert" witnesses, cognizable theories of liability, and proper party defendants/proper party plaintiffs. Notwithstanding these differences, there are common requisites for all cases.
Competent medical lawyers or attorneys will tell you that before any physician can be held liable for doctor malpractice, he or she must owe a duty to patients. Otherwise his or her competency in performing that duty cannot be subject to scrutiny.
According to US jurisprudence a person is not bound to assist injured individuals in the absence of a special relationship with them, for instance doctor-patient or attorney-client relationship.
A doctor dining in a restaurant is not duty-bound to come forward and assist a fellow customer suffering a heart attack.
If the doctor merely continues with his meal and does nothing to help, the ailing person would have no cause of action for doctor malpractice against him, notwithstanding their harm.
However, please take note that once the doctor decides to assist the ailing customer, he or she becomes liable for any injury that results from any negligence during that assistance.
Once the requisite doctor-patient relationship is established, the doctor owes to the patient the duty to render care and treatment with that degree of skill, care, and diligence as possessed by or expected of a reasonably competent physician under the same or similar circumstances.
The "circumstances" include the area of medicine in which the physician practices, the customary or accepted practices of other physicians in the area (the "locality rule"), the level of equipment and facilities available at the time and in that locality, and the exigent circumstances, if any, surrounding the treatment or medical service rendered.
The requisite degree of skill and expertise under the circumstances is established by "expert testimony" from other practicing physicians who share the same or similar skill, training, certification, and experience as the allegedly negligent physician.
Finally, a doctor who has been negligent may not be the only defendant in a subsequent lawsuit. A hospital that has retained the doctor on its staff may be vicariously liable for the doctor's negligence under a theory of "respondeat superior" (let the master answer) that often holds an employer liable for the negligence of its employees.
Your doctor's liability carries with it vicarious liability. Ask medical lawyers or medical attorneys about it; they will gladly explain it to you in more detail.
More often, the doctor has "staff privileges" at the hospital, and the hospital will attempt to prove the limited role it plays in directing or supervising the doctor's work.
Also, a lot of physicians belong to private medical practices, such as limited partnerships or limited liability companies, that also may be vicariously liable for the negligence of their member doctors.
However, a doctor is generally liable for any negligence on the part of his assistants and staff in carrying out his orders or caring for his patients. Likewise, an attending physician is generally liable for any negligence on the part of interns and medical students under the physician's guidance.
Wednesday, February 4, 2009
Nevada has one year Statute of Limitations
A lot of people erroneously believe that the two-year medical malpractice statute of limitations is in effect in Nevada. Most of these people therefore unwittingly allow their cases to expire.
By initiative petition, the state of Nevada changed the medical malpractice statute of limitations from two years to one year.
The statute will begin to run the moment the medical of doctor malpractice is discovered or should have been discovered.
The outer extreme of the new medical malpractice statute of limitations law in Nevada requires medical lawsuits to be filed within three years from the date of the doctor malpractice, regardless of the discovery date.
What this all means is that victims of doctor malpractice and wrongful death due to doctor malpractice must figure out pretty quickly what has happened to them, cut short their grieving and go through all the necessary legal and medical requirements in order to file timely and meritorious medical lawsuits within one year.
One of the greatest roadblocks of all to filing timely medical lawsuits is finding a medical expert who is in the same field as the doctor who committed the malpractice.
That medical expert witness must state embody his opinion in a written affidavit attached to the legal Complaint that the malpractice did in fact happen.
This involves a thorough research of the medical records, which are often hard for surviving family members to assemble from the various medical providers in the aftermath of great pain and loss that accompanies any injury or illness.
To add to the victims' burden, medical experts can be expensive. However, when seen from the expert's point of view, his task entails a lot of time and analysis and oftentimes a lot of courage to come forward and state his expert opinion.
Historically it was said that the medical community was engaged in a "conspiracy of silence" in which many doctors refused to come forward in the face of even the most obvious medical or doctor malpractice.
Often those that came forward faced the possibility of being ostracized or discredited in their tight knit communities.
However, recently there has been a noticeable and refreshing trend for ethical and concerned doctors to come forward and report malpractice, as they are required to do by many state codes.
This seems to be the result of a new attitude that embodies the belief that the medical community benefits from some degree of self policing and housecleaning.
In the long run insurance rates go down, the quality of medical care goes up and the resultant pride and trust in the medical community are greatly enhanced.
To sum it up, please bear in mind that Nevada's medical malpractice statute of limitations is only one year.
By initiative petition, the state of Nevada changed the medical malpractice statute of limitations from two years to one year.
The statute will begin to run the moment the medical of doctor malpractice is discovered or should have been discovered.
The outer extreme of the new medical malpractice statute of limitations law in Nevada requires medical lawsuits to be filed within three years from the date of the doctor malpractice, regardless of the discovery date.
What this all means is that victims of doctor malpractice and wrongful death due to doctor malpractice must figure out pretty quickly what has happened to them, cut short their grieving and go through all the necessary legal and medical requirements in order to file timely and meritorious medical lawsuits within one year.
One of the greatest roadblocks of all to filing timely medical lawsuits is finding a medical expert who is in the same field as the doctor who committed the malpractice.
That medical expert witness must state embody his opinion in a written affidavit attached to the legal Complaint that the malpractice did in fact happen.
This involves a thorough research of the medical records, which are often hard for surviving family members to assemble from the various medical providers in the aftermath of great pain and loss that accompanies any injury or illness.
To add to the victims' burden, medical experts can be expensive. However, when seen from the expert's point of view, his task entails a lot of time and analysis and oftentimes a lot of courage to come forward and state his expert opinion.
Historically it was said that the medical community was engaged in a "conspiracy of silence" in which many doctors refused to come forward in the face of even the most obvious medical or doctor malpractice.
Often those that came forward faced the possibility of being ostracized or discredited in their tight knit communities.
However, recently there has been a noticeable and refreshing trend for ethical and concerned doctors to come forward and report malpractice, as they are required to do by many state codes.
This seems to be the result of a new attitude that embodies the belief that the medical community benefits from some degree of self policing and housecleaning.
In the long run insurance rates go down, the quality of medical care goes up and the resultant pride and trust in the medical community are greatly enhanced.
To sum it up, please bear in mind that Nevada's medical malpractice statute of limitations is only one year.
Sunday, February 1, 2009
Why you need the help of a Medical Attorney
Your need for medical attorneys help when it comes to knowing your rights, and whether or not you have a cause for filing a medical lawsuit cannot be stressed enough.
Statistics show that 225,000 people die each year due to iatrogenic causes. This has become the third major cause of death in the United States, after deaths from heart disease and cancer.
- 12,000 deaths/year from unnecessary surgery
- 7,000 deaths/year from medication errors in hospitals
- 20,000 deaths/year from other errors in hospitals
- 80,000 deaths/year from infections in hospitals
- 106,000 deaths/year from non-error, adverse effects of medication.
Medical attorneys or lawyers are needed for medical mistakes. Medical attorneys have in-depth knowledge about medical problems and medical laws. Medical attorneys know what is required to help a claim reach the courts in the fastest, accurate, and most complete way possible.
A medical lawyer will work with the hospital system and medical law system to find out what your rights and legal options are.
While you or someone you know gets better or recovers from medical mistake or injury, the medical malpractice attorney will fight for your legal rights.
Have I waived my rights because I signed a consent form?
Health care professionals are not given a license to commit doctor malpractice simply because a consent form was filled out by a patient.
Despite the fact that the execution of a characteristic consent form specifies acknowledgment of the stated risks and complications in conjunction with a given treatment or operation, it doesn’t relieve a health care provider from their responsibility of meeting the standard of care in association with such treatment or operations.
The first step in deciding whether to pursue a medical or doctor malpractice case is to determine whether or not you have been the victim of doctor malpractice.
Even though not every unfortunate outcome is the result of doctor malpractice, if you feel that something is not right, you should react accordingly and consult a medical attorney or lawyer to evaluate your case.
This process generally involves attaining and evaluating medical records and other relevant materials. If it appears that the case is strong enough, then your medical attorney will give out written notification of the claims to the parties suspected to be responsible for doctor malpractice.
Cerebral Palsy Symptoms: Signs to look for
If your child exhibits cerebral palsy symptoms and medical or doctor malpractice was the reason for your child’s condition, then you shouldn’t be responsible for the astronomical cost of lifelong care.
Cerebral palsy is diagnosed in approximately 8,000 children each year. The cost of caring for children who suffer from cerebral palsy can be financially catastrophic.
See a cerebral palsy attorney
A cerebral palsy lawyer will determine whether you a strong case that doctor malpractice was the cause. Cerebral palsy lawyers will be able to recognize if there may be a claim.
In most cases, cerebral palsy symptoms are easy to recognize. Here are the most common cerebral palsy symptoms:Speech
Just as patients have problems with muscle control in their arms and legs, they also have difficulties controlling their tongue, mouth, lips, jaw, and breath flow. As a result, patients exhibiting this type of cerebral palsy symptom might have problems with speech. The most common speech problem is called dysarthria. This condition causes speech to be slow and slurred and, in some cases, hypernasal (too much air flow through the nose) or hyponasal (not enough air flow through the nose).
Drooling
Fortunately, there are a number of treatments available to combat the problem of drooling:
- Surgery
- Anticholinergics, or drugs that reduce saliva flow
- Biofeedback that allows patients to know when they are drooling.
Eating
Incontinence
This cerebral palsy symptom is more commonly known as poor bladder control. This can take a number of forms, including Enuresis, or bed wetting, urination during physical activity, or a slow leak from the bladder.
Confidential Settlement Terms: How confidential are they?
In a recent case, the Supreme Court of Virginia, has significantly affected the application of confidential settlement terms in wrongful death claims. This ruling will result in the filing of a written petition stating the relevant terms, with the Release attached, and a file that will remain open for all the world to see. (Perreault v. The Free Lance Star, 276 Va. 375, 666 S.E.2d 352 (2008).)
All medical or doctor malpractice defendants or potential defendants, including their respective insurance carriers, would prefer to keep the settlements of claims confidential.
The issue here was whether or not the trial Court should have entered a protective order sealing various pieces of information and data, as well as the final order approving the settlement of the wrongful death claim that had been brought.
The Court decided in favor of “a societal interest in learning whether compromise settlements are equitable and whether the courts are administering properly the powers conferred upon them.” Against, the decision poses the risks of potential damage to professional reputation, emotional damage, or financial harm.
After this decision, courts throughout the Commonwealth varied in their application of Shenandoah Publishing.
In some courts, the order approving a wrongful death settlement would be sealed from public view-as long as no one objected.
In other courts, the Judge would require that the order remain unsealed.
In still other courts, the order might remain unsealed, but the precise terms of the settlement might not be made a part of that unsealed order.
This last option became less frequent after the Supreme Court decided the 1995 case of Ramey v. Bobbitt, in which the Court held that, to be binding, a Release had to be made part of a wrongful death settlement approved by a court.
In a nutshell, the potential viability of confidentiality had remained murky. Regrettably, the Supreme Court of Virginia recently brought clarity to the issue -- at the cost of a large measure of the confidentiality that has traditionally been a part of the settlement of medical malpractice claims.
The Supreme Court of Virginia acted in the case of Perreault v. The Free Lance Star, which involved the approval by the Spotsylvania Circuit Court of the settlement of four separate wrongful death claims.
The financial terms in each matter were kept private in sealed versions of the petitions (unsealed versions were redacted such that the financial terms were obscured). The Supreme Court of Virginia applied Code - 8.01-55, Shenandoah Publishing, and Ramey, and held that court approval of a wrongful death claim requires the filing of a written petition that contains the complete and unredacted terms of the compromise settlement.
Thus, the file must remain open and must contain a written petition containing all required information, including the financial terms. The case has several significant implications.
Going into the future, it is clear that your bought-and-paid-for confidentiality provision is effective only as to the parties to the immediate proceeding. Because that is the official interpretation of the law, arguably, parties interested in the terms of previous wrongful death settlements (e.g., newspapers or claimants' counsel) may petition the approving Courts to unseal the relevant pleadings.
Also, these principles are likely to be applied to the settlements of claims brought by persons under a disability. The premium that you should be willing to pay for confidentiality and your peace of mind have both just decreased.
All medical or doctor malpractice defendants or potential defendants, including their respective insurance carriers, would prefer to keep the settlements of claims confidential.
There are good reasons why individual defendants want Settlement Terms to remain confidential:
- - on the healthcare providers’ part, confidentiality helps to protect their good name and limits the ability of other potential claimants to find and pursue a target with a proven willingness to settle.
- - For the insurance carriers, an added benefit is the restriction on the ability of claimants' counsel to research the settlement proclivities of any individual carrier.
The nature of the claims at issue is such that the statutory law of Virginia requires that a Court approve settlements in which the claim is brought for wrongful death, and authorizes approval of such claims brought by a person under a disability.
Specifically, as part of the determination of the General Assembly to protect the beneficiaries to the Estate of a wrongful death Decedent - to ensure that all proper beneficiaries are aware of the claim and settlement, and to ensure that claims are not improvidently or hastily settled-Virginia Code - 8.01-55 requires Court approval of the compromise.
Because persons under a legal "disability" (i.e., minors, prisoners, or persons under a mental or other incapacity) are deemed incapable of contracting, and to promote oversight of such settlements, Virginia Code - 8.01-424 authorizes Courts to approve such settlements. Such Court approval carries with it potential viewing by the public eye.
The issue here was whether or not the trial Court should have entered a protective order sealing various pieces of information and data, as well as the final order approving the settlement of the wrongful death claim that had been brought.
The Court decided in favor of “a societal interest in learning whether compromise settlements are equitable and whether the courts are administering properly the powers conferred upon them.” Against, the decision poses the risks of potential damage to professional reputation, emotional damage, or financial harm.
After this decision, courts throughout the Commonwealth varied in their application of Shenandoah Publishing.
In some courts, the order approving a wrongful death settlement would be sealed from public view-as long as no one objected.
In other courts, the Judge would require that the order remain unsealed.
In still other courts, the order might remain unsealed, but the precise terms of the settlement might not be made a part of that unsealed order.
This last option became less frequent after the Supreme Court decided the 1995 case of Ramey v. Bobbitt, in which the Court held that, to be binding, a Release had to be made part of a wrongful death settlement approved by a court.
In a nutshell, the potential viability of confidentiality had remained murky. Regrettably, the Supreme Court of Virginia recently brought clarity to the issue -- at the cost of a large measure of the confidentiality that has traditionally been a part of the settlement of medical malpractice claims.
The Supreme Court of Virginia acted in the case of Perreault v. The Free Lance Star, which involved the approval by the Spotsylvania Circuit Court of the settlement of four separate wrongful death claims.
The financial terms in each matter were kept private in sealed versions of the petitions (unsealed versions were redacted such that the financial terms were obscured). The Supreme Court of Virginia applied Code - 8.01-55, Shenandoah Publishing, and Ramey, and held that court approval of a wrongful death claim requires the filing of a written petition that contains the complete and unredacted terms of the compromise settlement.
Thus, the file must remain open and must contain a written petition containing all required information, including the financial terms. The case has several significant implications.
Going into the future, it is clear that your bought-and-paid-for confidentiality provision is effective only as to the parties to the immediate proceeding. Because that is the official interpretation of the law, arguably, parties interested in the terms of previous wrongful death settlements (e.g., newspapers or claimants' counsel) may petition the approving Courts to unseal the relevant pleadings.
Also, these principles are likely to be applied to the settlements of claims brought by persons under a disability. The premium that you should be willing to pay for confidentiality and your peace of mind have both just decreased.
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