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.

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:

• 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.
  

If your child has been the victim of a birth injury that resulted in cerebral palsy, please contact a cerebral palsy lawyer in your area without delay.

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.

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:

• 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)

Cerebral palsy symptoms and the disabilities and symptoms an afflicted child displays

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

Although Cerebral Palsy is not curable, there are many cerebral palsy treatment options available to help the child lead a more productive and independent life. These include physical and occupational therapy, assistive or applied technology, cerebral palsy surgeries and medications.

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.

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.

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.

Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family successfully argued that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain that resulted in the permanent brain damage.

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.

The verdict may be a record in the county, as no doctor malpractice verdict in the 7 counties of Northeast Pennsylvania has exceeded $10 million since 2000, according to Scranton Times.

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.