Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Stats vary drastically on the variety of medical mistakes that take place in the United States. Some studies position the number of medical mistakes in excess of one million every year while other studies place the number as low as a few hundred thousand. It is widely accepted nevertheless that iatrogenic illness (disease or injury triggered by a medical error or medical treatment) is the 3rd leading cause of death in the United States after heart disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has restricted his practice to representation of victims hurt by someone else's negligence, medical or otherwise, I have received countless calls from potential customers over the last Twenty Years asking me if they have a medical malpractice case. Given that medical malpractice litigation is extremely pricey and extremely drawn-out the legal representatives in our company are really cautious what medical malpractice cases in which we opt to get included. It is not uncommon for an attorney, or law firm to advance lawsuits expenditures in excess of $100,000.00 simply to obtain a case to trial. These expenses are the expenses connected with pursuing the litigation that include skilled witness fees, deposition costs, display preparation and court expenses. What follows is an overview of the issues, questions and considerations that the lawyers in our firm consider when discussing with a client a prospective medical malpractice case.

Exactly What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical physicians (or nurses, chiropractic physicians, dental experts, podiatric doctors and so on.) which leads to an injury or death. "Requirement of Care" suggests medical treatment that an affordable, sensible medical service provider in the same community should offer. Many cases include a conflict over exactly what the relevant standard of care is. The standard of care is usually provided through the use of specialist testimony from consulting physicians that practice or teach medicine in the exact same specialty as the defendant( s).

When did the malpractice occur (Statute of Limitations)?

Rand Spear Law Office
Two Penn Center Plaza, 1500 John F Kennedy Blvd #200, Philadelphia, PA 19102, USA
+1 215-985-2424

In Ohio the medical malpractice statute of restrictions is one year from the date of the malpractice, or the last date the offender treated the complainant (victim) or the date the complainant discovered or fairly ought to have discovered the malpractice. Some states have a two year statute of limitations. In Ohio if the victim is a small the statute of limitations will not even begin to run up until the minor becomes 18 years old. Be recommended however derivative claims for parents might run many years previously. If you think you may have a case it is necessary you call an attorney soon. Irrespective of the statute of constraints, medical professionals transfer, witnesses vanish and memories fade. The sooner counsel is engaged the quicker important proof can be maintained and the much better your opportunities are of prevailing.

What did do or cannot do?

Merely because a patient does not have a successful result from a surgery, medical treatment or medical treatment does not in and of itself suggest the physician made a mistake. Medical practice is by no means a warranty of good health or a total recovery. Most of the time when a patient experiences a not successful arise from medical treatment it is not because the medical company slipped up. Most of the time when there is a bad medical result it is regardless of great, quality healthcare not because of sub-standard treatment.

Personal Injury Claims Solicitors - Slater & Gordon

A personal injury claim is a legal process used to recover financial compensation for anyone who has suffered injury or harm and someone else, either fully or partially, is to blame. can help guide you and your family through this process and help you get access to rehabilitation and medical support as well as fighting for financial compensation. To speak with one of our specialist personal injury solicitors please call 0800 916 9046 or contact us online. Personal Injury Claims Solicitors - Slater & Gordon

When discussing a prospective case with a customer it is necessary that the client have the ability to tell us why they believe there was medical neglect. As we all know people frequently pass away from cancer, heart problem or organ failure even with great medical care. However, we likewise understand that individuals normally must not die from knee surgical treatment, appendix elimination, hernia repair or some other "small" surgical treatment. When something really unexpected like that occurs it certainly deserves exploring whether there was a medical mistake. If in will discuss your case with you informally on the telephone. Many legal representatives do not charge for a preliminary assessment in neglect cases.

So what if there was a medical error (near cause)?

In any neglect case not just is the burden of proof on the complainant to show the medical malpractice the complainant need to also show that as a direct result of the medical negligence some injury or death resulted (damages). This is called "near cause." Considering that medical malpractice litigation is so expensive to pursue the injuries should be significant to warrant progressing with the case. All medical errors are "malpractice" however just a small percentage of mistakes give rise to medical malpractice cases.

By way of example, if a parent takes his child to the emergency clinic after a skateboard accident and the ER physician doesn't do x-rays regardless of an obvious bend in the child's forearm and tells the dad his child has "just a sprain" this likely is medical malpractice. But, if the child is appropriately diagnosed within a couple of days and makes a total recovery it is not likely the "damages" are serious enough to undertake a claim that likely would cost in excess of $50,000.00. Nevertheless, if because of -up in being appropriately detected, the young boy has to have his arm re-broken and the development plate is irreparably damaged due to the hold-up then the damages likely would require further examination and a possible claim.

Other essential factors to consider.

Other problems that are necessary when figuring out whether a customer has a malpractice case include the victim's behavior and medical history. Did the victim do anything to cause or contribute to the bad medical outcome? A typical technique of medical malpractice defense lawyer is to blame the client. If it is a birth injury case, did the mommy have correct prenatal care, did she smoke or use drugs throughout her pregnancy? In other cases, did the client follow the physician's orders, keep his visits, take his medicine as advised and inform the doctor the truth? These are facts that we have to know in order to determine whether the medical professional will have a legitimate defense to the malpractice lawsuit?

What happens if it appears like there is a case?

If it appears that the client might have been a victim of a medical mistake, the medical mistake caused a significant injury or death and the client was compliant with his doctor's orders, then we have to get the patient's medical records. In most cases, acquiring the medical records includes absolutely nothing more mailing a release signed by the client to the medical professional and/or hospital in addition to a letter asking for the records. When it comes to wrongful death, an executor of the victims estate needs to be selected in the regional county probate court and after that the administrator can sign the release requesting the records.

Once the records are gotten we evaluate them to make sure they are total. It is not uncommon in medical carelessness cases to get insufficient medical charts. As soon as all the pertinent records are obtained they are supplied to a qualified medical expert for evaluation and viewpoint. If the case protests an emergency clinic physician we have an emergency clinic doctor review the case, if it protests a cardiologist we have to acquire a viewpoint from a cardiologist, and so on

. Primarily, exactly what we wish to know form the professional is 1) was the medical care supplied listed below the requirement of care, 2) did the violation of the requirement of care lead to the clients injury or death? If the physicians opinion is favorable on both counts a suit will be prepared on the customer's behalf and usually submitted in the court of common pleas in the county where the malpractice was dedicated or in the county where the defendant lives. In some minimal scenarios jurisdiction for the malpractice suit could be federal court or some other court.


In sum, an excellent malpractice lawyer will carefully and thoroughly review any prospective malpractice case prior to submitting a claim. It's unfair to the victim or the physicians to file a claim unless the specialist informs us that he believes there is a strong basis to bring the claim. Due to the expense of pursuing a medical neglect action no good lawyer has the time or resources to lose on a "pointless suit."

When talking to a malpractice attorney it's important to precisely provide the lawyer as much detail as possible and respond to the lawyer's questions as entirely as possible. Prior to talking with a legal representative think about making some notes so you do not forget some crucial reality or circumstance the lawyer might need.

Finally, if you think you might have a malpractice case call a great malpractice attorney as soon as possible so there are no statute of limitations problems in your case.

Leave a Reply

Your email address will not be published. Required fields are marked *