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.
Wednesday, February 4, 2009
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.
Wednesday, January 28, 2009
Your cerebral palsy lawyer and your legal rights
Cerebral palsy is a brain disorder that affects a person's motor skills. This affliction is usually acquired before, during, and after birth and will tend to stay throughout the child's lifetime.
There are many types of cerebral palsy symptoms. Cerebral palsy treatment and therapy are available to make cerebral palsy patient’s lives more normal.
Cerebral palsy can alter the lives of children and their family. If your child exhibits cerebral palsy symptoms be prepared. Your child's condition can drastically change the way you live your life forever.
Most families don’t have the financial capability to cover the cost of treatment and therapies for their child who has Cerebral Palsy.
For this, you can consult a cerebral palsy lawyer to get the medical compensation that you deserve and in some cases, get you discounts on medications and treatments in the hospital.
For additional help, you may join Cerebral Palsy Associations. However, these associations can only do so much. Oftentimes, because of the large number of cerebral palsy patients that are in need of financial support they tend to make you wait for your turn.
Cerebral Palsy Associations will conduct an investigation whether or not your child has acquired the condition because of mishandling during birth that in turn caused brain damage so they can file a medical lawsuit against the doctor or the hospital.
If you want the proper medical compensation, you can obtain it by hiring a cerebral palsy lawyer.
If you think that there has been birth or delivery mistakes that may have caused the child’s condition, you should immediately contact a cerebral palsy attorney in order to get you the right medical compensation.
The money that medical lawsuits can provide is more than enough for the treatment and medication for your child who has cerebral palsy.
Another great thing about cerebral palsy lawyers is that you owe them nothing until they've helped you get your medical compensation.
Mishandling a child during birth is a very common cause of cerebral palsy. So, you should not erase this on the list of possible causes and you can really make the doctor or the hospital pay for what they are responsible for.
You can also hire a cerebral palsy lawyer to let the hospital give you a cheaper treatment fee for your child. This can really benefit you because cerebral palsy treatment is often long term and entails a lot of expenses.
Always remember that cerebral palsy treatment can be expensive. You can always seek help from Cerebral Palsy Lawyers to get you the proper medical compensation and also significantly lower the treatment fee for your child with cerebral palsy.
There are many types of cerebral palsy symptoms. Cerebral palsy treatment and therapy are available to make cerebral palsy patient’s lives more normal.
Cerebral palsy can alter the lives of children and their family. If your child exhibits cerebral palsy symptoms be prepared. Your child's condition can drastically change the way you live your life forever.
Most families don’t have the financial capability to cover the cost of treatment and therapies for their child who has Cerebral Palsy.
For this, you can consult a cerebral palsy lawyer to get the medical compensation that you deserve and in some cases, get you discounts on medications and treatments in the hospital.
For additional help, you may join Cerebral Palsy Associations. However, these associations can only do so much. Oftentimes, because of the large number of cerebral palsy patients that are in need of financial support they tend to make you wait for your turn.
Cerebral Palsy Associations will conduct an investigation whether or not your child has acquired the condition because of mishandling during birth that in turn caused brain damage so they can file a medical lawsuit against the doctor or the hospital.
If you want the proper medical compensation, you can obtain it by hiring a cerebral palsy lawyer.
If you think that there has been birth or delivery mistakes that may have caused the child’s condition, you should immediately contact a cerebral palsy attorney in order to get you the right medical compensation.
The money that medical lawsuits can provide is more than enough for the treatment and medication for your child who has cerebral palsy.
Another great thing about cerebral palsy lawyers is that you owe them nothing until they've helped you get your medical compensation.
Mishandling a child during birth is a very common cause of cerebral palsy. So, you should not erase this on the list of possible causes and you can really make the doctor or the hospital pay for what they are responsible for.
You can also hire a cerebral palsy lawyer to let the hospital give you a cheaper treatment fee for your child. This can really benefit you because cerebral palsy treatment is often long term and entails a lot of expenses.
Always remember that cerebral palsy treatment can be expensive. You can always seek help from Cerebral Palsy Lawyers to get you the proper medical compensation and also significantly lower the treatment fee for your child with cerebral palsy.
Saturday, January 17, 2009
Misdiagnosis leads to young mother's death
Like any mother, Edel Kelly held on to every second she could with her two young sons and fought breast cancer to the very end.
Despite her fading energy, she did all she can to expose what the inadequacies in the system that led to her misdiagnosis -- those who she believed had cheated her of precious months or even years as a mother and a partner.
However, she was brought to hospital on October 19, 2008 as a result of vomiting blood. Then they broke the terrible news: The lump she had been told was benign turned out to be breast cancer and had fatally spread to her liver and bones.
The blow, after the faith she had placed in the medical practitioners, was unfathomable. Her GP had acted promptly in referring her to Ennis General Hospital
Shortly after, an ultrasound was carried out where it was found she had a "soft tissue mass," which warranted further investigation. The final diagnosis from Limerick regional hospital said there was "no tumor identified" after a core biopsy took place.
However, attached to the diagnosis it was stated "clinical correlation recommended," indicating that the results should be looked at with other details including ultrasound and the fact that a physical lump had formed.
But a report to Edel's GP said test results were "benign" and she was reassured of her health.
She had no reason to doubt the verdict of the experts. So it was with shock, and subsequent anger, that she heard of the fatal spread of the disease through her body the next year.
She consulted a medical lawyer, Eugene O'Kelly, to take legal action. "No compensation will ever make up for the loss of the boys' mother. [However] we would like to get something for them to help them as they grow up."
With raw determination, Edel pursued the legal route through her final months. "We know that she had breast cancer but she could have had that breast removed. She might have had a few more years left and more time with her boys if it was diagnosed in October 2006," said her mother. Strong to the end of her ordeal, Edel was brought home in her final days and lost consciousness on the evening of Thursday, June 19, 2008. She died two days later, surrounded by her family.
"Lee will never know what his mother was like. He is too young. It's so hard to explain to the children what happened," said Edel's father John.
If you believe that you are a victim of medical or doctor malpractice you should contact one of the experienced and trustworthy medical lawyer or attorney in your area.
Even if you are doubtful regarding the strength of your case, it is better to take it to the medical attorney who can look for your potential betterment.
The medical malpractice advice says that you should not get delayed if you believe you are the victim of medical or doctor malpractice. There is such a thing called Medical Malpractice Statute of Limitations. Ask your lawyer about it and file the claim as soon as you can.
Tuesday, January 13, 2009
Child with quadriplegic CP receives $7.5 M medical compensation
Following an intense mediation process, the family of a baby born with quadriplegic cerebral palsy was awarded $7.5 million medical compensation.
It was determined during the mediation process that the child’s debilitating condition was due to medical or doctor malpractice.
Quadriplegic cerebral palsy is considered one of the most severe forms of cerebral palsy. Throughout the patient’s life, round-the-clock care is required, as patients afflicted with this type of cerebral palsy won’t be able to sit, walk, eat and, in some cases, breathe on their own.
The child’s mother, a healthy young woman, arrived at a hospital to deliver her baby a few years ago. She was expecting a typical delivery, as she had, up until this point, experienced a normal pregnancy.
The initial fetal monitor readings indicated that her baby was healthy. However, within two hours of arriving at the hospital, the baby started showing signs of distress.
In another two hours the nurse would call the obstetrician. At this point, the baby's heart rate had already dropped dangerously low.
Falsified medical records
The OBGYN performed a C-section. Upon birth, however, the baby was not breathing and had no heartbeat. Although medical records indicated that a pediatrician had been present at the birth, later, an attending nurse admitted that this wasn't the case and that no pediatrician was present.
After trying to resuscitate the baby for six minutes, a respiratory therapist finally administered a breathing tube, which was placed in the baby's stomach, rather than in the lungs where it should be.
If only a pediatrician were present, the mistake would have been corrected immediately. It eventually took ultimately took 26 minutes for the baby to achieve a normal heart rate. Permanent damage had already been done, as the baby had developed quadriplegic cerebral palsy due to lack of oxygen during and after the birthing process.
The $7.5 million settlement awarded in this cerebral palsy case will go towards paying for the vital lifelong care this baby needs to survive.
Cerebral palsy causes
Cerebral palsy is an incurable, devastating condition that impairs speech, coordination, movement and health brain function. Fetal development problems and/or medical mistakes made during (and after) delivery typically cause the brain damage that results in cerebral palsy.
While any medical mistake that deprives a baby of oxygen will contribute to cerebral palsy, some of the most common cerebral palsy causes include:
• excessive use of vacuum extraction
• failure to perform immediate C-section
• unrecognized (or untreated) fetal distress
• use of certain medications during the delivery process
If you have a family member living with cerebral palsy see a medical attorney or cerebral palsy lawyer for information regarding your legal rights.
It was determined during the mediation process that the child’s debilitating condition was due to medical or doctor malpractice.
Quadriplegic cerebral palsy is considered one of the most severe forms of cerebral palsy. Throughout the patient’s life, round-the-clock care is required, as patients afflicted with this type of cerebral palsy won’t be able to sit, walk, eat and, in some cases, breathe on their own.
The child’s mother, a healthy young woman, arrived at a hospital to deliver her baby a few years ago. She was expecting a typical delivery, as she had, up until this point, experienced a normal pregnancy.
The initial fetal monitor readings indicated that her baby was healthy. However, within two hours of arriving at the hospital, the baby started showing signs of distress.
In another two hours the nurse would call the obstetrician. At this point, the baby's heart rate had already dropped dangerously low.
Falsified medical records
The OBGYN performed a C-section. Upon birth, however, the baby was not breathing and had no heartbeat. Although medical records indicated that a pediatrician had been present at the birth, later, an attending nurse admitted that this wasn't the case and that no pediatrician was present.
After trying to resuscitate the baby for six minutes, a respiratory therapist finally administered a breathing tube, which was placed in the baby's stomach, rather than in the lungs where it should be.
If only a pediatrician were present, the mistake would have been corrected immediately. It eventually took ultimately took 26 minutes for the baby to achieve a normal heart rate. Permanent damage had already been done, as the baby had developed quadriplegic cerebral palsy due to lack of oxygen during and after the birthing process.
The $7.5 million settlement awarded in this cerebral palsy case will go towards paying for the vital lifelong care this baby needs to survive.
Cerebral palsy causes
Cerebral palsy is an incurable, devastating condition that impairs speech, coordination, movement and health brain function. Fetal development problems and/or medical mistakes made during (and after) delivery typically cause the brain damage that results in cerebral palsy.
While any medical mistake that deprives a baby of oxygen will contribute to cerebral palsy, some of the most common cerebral palsy causes include:
• excessive use of vacuum extraction
• failure to perform immediate C-section
• unrecognized (or untreated) fetal distress
• use of certain medications during the delivery process
If you have a family member living with cerebral palsy see a medical attorney or cerebral palsy lawyer for information regarding your legal rights.
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