How To Make A Claim For Medical Negligence Compensation

When a doctor, nurse or other professional health care provider does not give the accepted standard of practice expected by the medical community, and through this lack of care or omission causes injury or death, it is considered medical negligence. Regulations may vary in districts within a particular country. Professional health care providers may also include dentists, midwives and therapists. If it can be proved in court, the plaintiff will get medical negligence compensation.

There are four main things that the plaintiff needs to prove:

1. The medical care was owed. If a person is admitted to a hospital or clinic for treatment, there is a legal duty for the health care providers of the institutions to care for the person to the required medical standards.

2. When the duty is established, it has to be proved that the duty was breached. The health care provider did not give the required standard of care.

3. It must be proved that the breach of duty caused an injury or death.

4. There must be damages or losses caused by the breach. They can be pecuniary or emotional, but the basis for medical negligence claims is damages.

If a person has experienced negligence or a family member has suffered or died from negligence, they may pursue a medical negligence claim. There are several steps to making a claim and one step needs to be met correctly before the next step can be taken. First, the medical records of the plaintiff need to be checked by a specialist medical expert who will determine if the treatment was negligent and, if so, if it did any damage.

If medical negligence is determined, court proceedings should start immediately. Medical negligence cases are most often settled out of court by negotiation but only after beginning court action.

A claim is very complex and difficult to pursue because it depends on the evidence of medical experts who are supported by medical texts and papers. This usually requires extensive research. A medical negligence solicitor is essential if a patient wants to pursue negligence.

Medical negligence solicitors should be chosen on the basis of experience in the field. They will have extensive knowledge of this area and should have a record of successful cases. If the case does go to court, they must have experience in this kind of litigation. In court, the medical experts will undergo rigorous cross examination by counsel for the defence, and the solicitor should be able to prepare the expert for this.

Medical negligence claims are not easy to pursue. They have dire consequences for the patient and are different from other types of compensation cases. The rewards are often large and defendants will work hard to deny the charges. Solicitors need to specialize in this area and have experience winning cases.

A good solicitor will be a member of The Law Society experts who are specialized in medical negligence and undergo continuous training. They will offer patients who qualify a Legal Aid scheme or a no win no fee scheme. Not all solicitors are authorised to use the Legal Aid scheme. The solicitor should be available to discuss the case and work directly with the patient. The patient's suffering may include psychological damage, reduced employment possibilities and loss of amenities of life. Compensation may include loss of income, payment of medical bills, legal expenses.

Anyone who feels that they have not received the best standard of care from a medical professional, and because of that have been injured or damaged in some way has the right to approach a solicitor and make a claim for compensation.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   

Burn Treatment Negligence

Burn Treatment Negligence

Burn injuries are one of the most painful and devastating injuries that one can have. It can take a great deal of time to recover from this kind of injury if the burn was extensive and severe. It is highly recommended that you seek medical care as soon as possible after your burn accident. Skilled medical professionals can reduce the effects of your burn and help to eliminate the pain. However, some doctors and nurses make negligent errors when treating a burn that results in more pain and suffering for the patient.

When patients are forced to experience unnecessary pain and suffering because of medical negligence, this is inexcusable. Fortunately, the law offers a way for victims of medical negligence to pursue compensation for any losses they have suffered. If you or a loved one visited the hospital for burn treatment and you believe that things were worsened because of staff negligence or carelessness, speak with a medical malpractice attorney in your area today about the incident.

Elements Required to Prove Medical Negligence

In a court of law, it is necessary to prove certain elements if you suspect that negligence played a role during your burn injury treatment. These include:

Proof of injury resulting directly from the doctor's negligent acts Proof that the doctor did not act professionally, or that a "reasonable" doctor in the same position would have acted differently Proof that lost wages and medical costs stemmed straight from the doctor's alleged careless acts

Filing a lawsuit for compensation from a medical professional or facility can be a difficult and confusing task. You need experienced legal assistance in order to make a strong case for the compensation you need following a burn injury treatment error.

Contact Us

Contact the Kenosha injury attorneys of Habush Habush & Rottier to discuss your case today, free of charge.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   What Is Medical Negligence?   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   

Are You a Victim Of Emergency Room Negligence?

Because of the large number of patients that flow through an emergency room on a daily basis, many of whom are in serious or critical condition, along with a common lack of staff, hospital emergency rooms are prime breeding ground for mistakes. A recent study conducted by Harvard University looked at the records of more than thirty thousand hospital emergency rooms, all of which were randomly selected. The study concluded that this department of the hospital was more prone to negligence than any other area of the institution. The most common issues came from misdiagnoses or incorrect treatments being administered, mostly due to staff that is inexperienced and only in the department part time.

Emergency rooms by nature depend on very quick and precise treatments. Depending on the exact condition, a physician on staff may be required to treat on the spot, or refer the patient to a more qualified specialist. Time cannot be wasted in this department. Unfortunately, some patients end up leaving the emergency room with long term side effects such as pain, loss of function, or even death, which could have been avoided if proper, prompt treatment was administered by a competent doctor.

According to the above mentioned Harvard University study, the amount of time patients spend waiting in an emergency room has increased significantly. The average wait time for emergency room patients to see a doctor in 2006 was approximately thirty minutes. This was a shocking increase from 1997, when wait time averaged about twenty two minutes. Even more astonishing, the wait time for serious issues also rose significantly. The average wait time for a heart attack patient in 1997 was just eight minutes, by 2006, the average wait time rose to twenty two minutes.

Not only are wait times in emergency rooms becoming negligent, other mistakes and oversights by medical professionals have become a major issue of concern for patients. The most commonly occurring type of emergency room mistakes include the following:

• A incorrect or late diagnosis; • An improper or incomplete evaluation of the patient's condition; • Blood transfusions that are contaminated; • Wrong medications being prescribed; • A lack of patient monitoring, especially for patients who appear to be confused; • Incomplete or incorrect laboratory tests; • Errors in surgical procedures; • Improper reading of patient information and charts; • Medication and allergy issues.

While most people prefer not to go to the emergency room, and if at all possible prefer to treat their injury or illness at home, there are times it is absolutely essential to seek medical treatment from an urgent care facility. When this happens, patients have a reasonable expectation of receiving prompt attention and proper treatment. Yet, there are many times this does not happen, and there is a major failure on the part of medical staff, doctors, hospital administrators, and lab technicians, which can result in serious injury or death.

In fact, hospital administrators are often the most responsible party in an emergency room setting. These professionals are required to have a proper staff on hand at all times, and this staff must be equipped to handle the demands of a hectic situation. There must be enough doctors on staff, nurses on staff, and technicians in test facilities available to meet all urgent care needs. If a hospital administrator does not take the time to adequately screen staff, hire workers with the proper amount of experience, or administer adequate training, patient treatment may suffer. The administrator must make sure that there is sufficient staff at all times, day and night, to handle a variety of cases.

A hospital administrator is basically the leader of the emergency room team, and needs to make sure all emergency situations can be handled with ease, and that there no patients who may be overlooked or left waiting for treatment. If a patient is forgotten about and treatment is delayed, or a doctor is not notified as to the severity of a patient's condition, very serious consequences may result. Therefore, it is essential that all staff members remain organized, centered, and keep track of patients.

Because the doctors who work in emergency rooms are often forced to work long hours under a good amount of pressure, these facilities can get a bit crazy at times. Doctors are often forced to diagnose, treat, and release patients quickly to keep the flow moving, and to help others. While this is an acceptable practice, it is also necessary to treat accurately and responsibly.

If you or someone you know has suffered any type of injury due to a negligent member of an emergency room staff, you may be entitled to receive compensation for your medical expenses, pain and suffering, along with other types of damages. It is very important that you contact a medical malpractice attorney who specializes in the area of medical negligence or malpractice as soon as possible to start preparing your case.

Medical malpractice attorneys are quite skilled in this area, have a wide range of resources, and work hard to get you the results you need in order to move forward with your life. Doctors and hospitals have teams of attorneys working hard on their side to protect their interests and so should you.

Do not wait to contact an attorney about your case. Many states have statues of limitations, so it is very important that you act quickly following your injury. Your attorney will interview members of the medical staff that were present at the time of your treatment, collect records, interview other medical professionals, and file all of the proceedings on your behalf. You can rest assured your case will be handled with the utmost professionalism and care. All you will have to do is concentrate on healing and getting well.

Since most medical malpractice attorneys work on a contingency basis, there is no upfront fee required. This means that you incur no initial expense, and simply pay a portion of your judgment once your case has completely settled.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   

What To Ask Medical Malpractice Lawyers

What do you ask medical malpractice lawyers when you have been injured by a medical provider and you are trying to find the right lawyer? Here are several suggestions.

First, you need to find a lawyer who is experienced, knowledgeable, and willing to actually try a case in court. Next, you want a lawyer who will be honest with you. Finally, you need to know how much the lawyer will charge and how expenses associated with the case will be paid.

Experience & Knowledge

Medical malpractice lawsuits are complex, but jurors who decide the cases are not medical experts. They are lay people. You need a lawyer who is knowledgeable and understands medical treatment and who can explain the treatment in normal, easy to understand terms.

If you have researched your medical problem, you may ask the lawyer about your medical problem to see how familiar he/she is with it. Does the lawyer understand why you feel that there may have been malpractice? Can the lawyer explain other potential causes for your medical problem? Has the lawyer handled other cases involving your medical problem or similar medical problems?

Willingness To Try A Case

This aspect may seem silly. All lawyers try cases don't they? Actually, the answer is no! Some lawyers give a good talk, but they really do not try court cases. Instead, they do everything that they can to settle lawsuits. The reason that this is important is that when a lawyer will not try cases, insurance companies know it, and will give low ball offers knowing that the lawyer will accept a low offer rather than go to court.

When talking with medical malpractice lawyers, ask them questions like: How many medical malpractice cases have your tried in court? When was the last time you tried a medical malpractice case in court? How long does a malpractice trial last? Whatever you ask, you are looking to make sure that the lawyer will, in fact, "go to court".

Honesty

Despite all of the lawyer jokes, most lawyers are honest. But there are some who will misrepresent facts to get what they want. You need a lawyer who is honest with you when trying to get your business and who is honest with you as your case progresses.

One of the easiest questions is to ask how much your medical malpractice case is worth. If the lawyer gives you some fairly specific dollar amount or a small range of dollars, the lawyer may be less than honest. At the beginning, no one can really tell what your case is worth because so much depends on the facts of your case (the facts in every case are different), and, at the beginning, the lawyer doesn't know all of the facts. An honest lawyer will tell you that he/she just cannot say at the beginning what your case is worth. In fact, the lawyer will probably tell you that first, the lawyer must make sure that you do have a case.

Lawyer Fees And Costs

When talking with medical malpractice lawyers, be sure to ask them how much they charge, what costs there will be, and when are the fees and costs paid. You need a clear understanding of the dollar amounts that you will be expected to pay.

This is general information only. If you have any questions whatsoever about medical malpractice lawyers, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   

Cerebral Palsy - The Causes and How To Claim Compensation

Cerebral Palsy is caused by injury to the brain and not, as many people think, an illness or disease. Cerebral palsy affects one in 400 children every year and can be caused in a number of ways.

The most common causes of cerebral palsy, often abbreviated to CP, are a lack of oxygen to a baby's brain, blocked blood vessels, infection in the mother, multiple or premature birth and trauma during labour or the birth itself.

Sufferers of the neurological condition will have problems with posture, movement and coordination. There are varying degrees of severity and three different types of cerebral palsy.

Each of these relates to different areas of the brain that has been damaged. Ataxic Cerebral Palsy will result in the sufferer experiencing balance problems, as well as irregular speech and shaky hand movement. Those with Athetoid Cerebral Palsy will display a loss of posture control and may also make unwanted movement. Spastic Cerebral Palsy sufferers may have weak and / or stiff muscles, which is particularly noticeable when pressure is applied. Movement control may also be affected.

Around 10% of cases are caused by birth complications, some of which can be the result of poor obstetric management by a doctor, nurse or midwife. It is these cases where claims can possibly be made for compensation.

Experienced medical negligence solicitors, usually operating on a no win, no fee basis and offering Legal Aid in order to pay for the claim, are best placed to help families who want to pursue a compensation claim.

The solicitor will be able to investigate the circumstances surrounding the claim and determine whether or not there is a case worth pursuing. If there is, they will gather the necessary evidence to build a case against the defendant, whether that is a hospital or individual.

There are likely to be many questions to ask and decisions to make through the course of building a medical negligence case, especially one as sensitive as a cerebral palsy case. The right solicitor with the right experience and expertise will be able to advise a family on the best course of action for them, taking each case individually and on its own merits.

It is therefore important that a family chooses the right solicitor to suit them. The best recommendation is word of mouth from someone who has experience with a particular solicitor. Whether this is someone you know or from the various review sites on the internet, getting opinions is a good idea.

Cost is also a consideration - although many work on a no win, no fee basis, it is worth finding out what percentage of any compensation they will take should the case be successful. Find the level of service, the highest best reputation and the lowest percentage cut you can and you will have found the perfect solicitor for you.

Successful cerebral palsy compensation claims have often been in the millions of pounds and while it is not about the money, claiming compensation can really help out in the care and future of both the sufferer and the carers.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   What Is Medical Negligence?   Nursing Care Malpractice (Part I)   

OB/GYN Negligence

Most people assume that when they visit a medical professional, they will receive the care they need without any problems or complications. Unfortunately, this is not always true. Every year thousands of people fall victim to the negligence of medical professionals and thousands of people file personal injury lawsuits as a result.

Irresponsible behavior amongst medical professionals in the OB/GYN field is particularly dangerous. This form of medical malpractice can injure not only a woman, but her child, as well. Although medical mistakes in this field are less common than in some other medical fields, the effects of OB/GYN negligence can be absolutely devastating.

A doctor or other medical professional can make serious mistakes before, during, or after the birth of a child. Doctors and nurses in this field need to see their patients frequently. It is important that pregnant women visit the doctor regularly during a pregnancy for many different reasons. Constant attention is the best way to identify potential problems early on and monitor a baby's growth. If a medical professional is blatantly negligent during this time, they may fail to identify treatable complications in a timely manner. They may also incorrectly diagnose a condition, resulting in unnecessary and potentially harmful treatment.

There are also a wide range of mistakes that can arise during the birth of a child. Misuse of forceps can cause the mother to have a cervical injury. If forceps are used in incorrectly on a child, the child may have permanent brain damage. Carelessness during a c-section is also a threat. Incorrectly performed c-sections can result in lacerations to a newborn baby. The mother is also at risk of developing serious infections if proper post-op care is not administered. An incorrectly performed vacuum delivery can cause nerve damage, scalp bruising, or serious scarring.

Fortunately, those who have suffered due to the inexcusable negligence of a medical professional may be able to pursue justice through a personal injury lawsuit.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   Nursing Care Malpractice (Part I)   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   

Stroke Treatment Errors

When you experience a severe and sudden medical emergency, such as a stroke, you should feel safe and secure once you are under the care of medical personnel at a hospital or clinic. However, negligent or careless medical errors can and do happen, and innocent patients often suffer as a result. If a member of the medical team makes a mistake that worsens your condition, you could have to spend more time in the hospital or accumulate more medical bills as a result.

If you feel that you or a loved one has been the victim of medical malpractice, it is important that you are as informed as possible about your available legal rights and options. However, because the legal system is so complicated, it is highly recommended that you speak with a knowledgeable attorney who is familiar with the laws in your area.

Potential Errors in Stroke Treatment

When a stroke happens, time is very important. Medical teams must work swiftly to diagnose and treat a stroke, or long-term damage can result. However, stroke treatment errors do happen. Unfortunately common mistakes include:

Failure to diagnose the stroke in a timely manner Failure to prevent blood clots from formulating Failure to properly care for the patient

If you have suffered any of these mistakes at the hands of a negligent medical professional, you should not have to pay for any of your injury-related expenses out of pocket. Fortunately, you may be eligible for compensation from the medical professional or facility responsible for your condition.

Contact Us

If you believe that you or a loved one has suffered at the hands of a negligent medical professional, speak with an experienced Chicago medical malpractice at of Friedman & Bonbrake, P.C., today.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   What Is Medical Negligence?   

Statistics About Malpractice and Sleep Loss

Among all of the problems facing modern medicine, the training and scheduling of doctors may be one of the most serious. As physicians pushed into treating may not have been properly trained, they may prescribe a dangerous treatment or fail to act fast enough. With the grueling schedules that some medical professionals have, even prepared doctors may lose sleep to such a great degree that they make major mistakes without noticing their mishaps. Healthcare institutions, in this way, can produce extremely dangerous situations due to sleep deprivation.

On-call shifts, often assigned two days out of every week to first-year residents, create scheduling disasters. These shifts consist of constant work, not providing any time for sleep. On average, first-year residents noted that 56.9 hours every week were spent in on-call shifts. For a sizable minority, roughly 25 percent, these shifts dominated 80 hours each week. Over such periods, healthcare students may spend over 23 hours straight on one shift.

Hospitals often ask their first-year residents to work potentially unsafe shifts. For first-year workers, the average maximum shift reached 37.6 hours. For any matter of comparison, labor laws often frame the average work day for a blue-collar worker at 8 hours per day. At 37.6 hours, the human brain undoubtedly goes through some of the major symptoms of sleep deprivation. Judgment and thinking becomes impaired, and yet these student doctors still treat patients.

On average, the majority of first-year student doctors experience sleep deprivation regularly. For a small minority, measuring roughly 10 percent, this experience characterized their work on practically a daily basis.

For more information regarding a patient's options if their physician has injured them, contact a medical malpractice lawyer.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   Nursing Care Malpractice (Part I)   

Building a Malpractice Case and Knowing the Pitfalls

The cases involve knowing how to identify both medical and legal questions, that often differ from the more typical personal injury claim, and where to go for answers to the medical issues raised. These questions will involve those your own experience reveal, as well as those raised by the sources you must use to discover the questions that need answering. In addition, there will be defense formulated issues and questions your malpractice experience should compel you to anticipate. These will need early answering, to make sure you have properly identified what your case, client and experts will face, should you decide to go ahead.

This is best done early, even before suit, if possible, to avoid the money pit/trap any poorly selected or poorly prepared medical malpractice case can become. Unlike the more common personal injury claim, experts are needed to prove both liability, damages and the connection between the two. The major investment and hurdle to winning is often in doing what is necessary to clear the liability hurdle and to connect it to the damage obstacle. Since the patient usually comes to medical attention with an injury or illness, the causal connection to the end result is something your client may not easily appreciate as the problem it can often become. It is a hurdle that must be understood and cleared early.

If there is no appreciation for the need to differentiate for the jury the end result from proper treatment versus the malpractice caused outcome, you can find yourself, along with your client, well into the responsibilities, obligations, and financial commitment of the suit, finding out that the clearing the liability/fault hurdle might just have led you to the far more difficult damage causation "jump" you had not anticipated to be so high and wide.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   What Is Medical Negligence?   

Read Medical Malpractice Records Before You See Your Doctor

Doctors are among those people we count on and we should trust. We rely on them when it comes to problems concerning health issues that are why it is important to find a good one that you and your loved ones can truly come to whenever you need help. But the problem is how do we know that he is capable and he can be trusted? Every year, there are cases of doctor malpractice that occur not juts only in some hospitals but all over the world. There are records that can prove that even doctors make mistakes and commit errors so the public should be well informed about this.

You have to be aware that there are some fake doctors around. They are considered fake because there license to practice has been revoked because of malpractice. They are no longer capable of having their duty because they are not considered safe. If you happen to encounter these doctors then you are putting your life as well as those of your loved ones at risk. And because this situation is getting out of hand, it is highly recommended that when you are looking for a private doctor you check his or her malpractice records. In that way, you will never become a victim.

What these doctor malpractice records contain are some of the important information that you must know about the doctor you are about to employ. You will discover thee facts about his life like which school he attended, the period when he practiced his profession and the malpractice cases that he was involved in. because doctors are also humans, all of them could have done some malpractices so it is your right as a patient to know what these are. It is not illegal if you wan to know about your doctor's personal life because we are talking about risking our life to the hands of these people. So it is just proper that we do some checking first.

These fake doctors are criminals. They are being looked for by the authority and must penalized for their wrong doings. If you have doubts with regards to your doctor, you may do some research online and find out if he is involved in malpractice. They sure have records there that you can also rely on. Be careful with fake records though. You will know if the site is fake anyway but for your safety better look up at the Government resources. There, you will know if your doctor is true or fake.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   Nursing Care Malpractice (Part I)   

Medical Malpractice - What You Need To Know Before Hiring a Lawyer

Medical malpractice is a specific area of personal injury law that requires even more experience and expertise. In fact even malpractice lawyers often specialize in a particular are of malpractice. As an example, some medical malpractice lawyers primarily handle birth trauma cases, and others handle surgical errors, and others handle misdiagnosis of cancer, or another specific area of medical negligence.

When you're consulting malpractice attorneys, it is useful if you can provide them with copies any documents or records that you have, regarding your case. Before hiring a malpractice lawyer you may wish to ask the next questions:

What percentage of your practice is malpractice?

Do you have experience with cases like mine?

Are you willing to spend the money to take my case to trial?

How many medical malpractice cases have you taken to trial?

Do you specialize in a particular area of medical malpractice?

Most Philadelphia medical malpractice lawyers take their cases on a "contingency" basis, where the attorney fee is a percentage of the amount recovered from the defendant through judgment or settlement, typically around 40 percent. It is unusual for attorneys to take malpractice cases where the client pays the attorney fees and costs but receives the entire judgment or settlement, as few customers can afford that alternative. In many malpractice cases, by the time a case reaches trial, costs alone can exceed $100,000.

Malpractice cases are costly and tough, and attorneys choose their battles cautiously. Don't feel hurt if an attorney refuses your case, and don't be bashful about requesting a referral to another attorney for a "second opinion."

You may discover that an attorney's initial acceptance of your case is conditioned upon a thorough investigation and review of the medical records. You will need to provide your Philadelphia medical malpractice lawyer with the names of all physicians who have treated you, so that all of your medical records can be reviewed. It is important that you inform your attorney about all of your doctors and medical conditions, although you think they don't have anything to do with your case.

When you begin a medical malpractice lawsuit, you should be aware that it can be a really long, tough process. You may end up answering very personal questions, including in response to "interrogatories" (written questions) and at "depositions" (live testimony, taken under oath, often at an attorney's office), and spending a surprising period of time assisting your Philadelphia malpractice attorney with your case. While some situations are resolved quickly, it may be years before your case is resolved.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   What Is Medical Negligence?   

What Goes Into Making a Successful Medical Negligence Claim?

So the unthinkable has happened - you or one of your loved ones went to hospital for a routine procedure but something went terribly wrong. Terrible harm has been done that may be permanent and life-changing, but you don't know the first thing about making a compensation claim against the medical staff that were responsible; what do you do?

While you might seem utterly adrift and alone in having to deal with this nightmare, that needn't be the case at all. By seeking legal advice from a qualified personal injury solicitor that specialises in medical negligence claims, you can begin the process of securing compensation for the injuries you or your family member received in the aftermath of a botched surgery or other procedure.

There are a few things to keep in mind when it comes down to planning a compensation claim for medical negligence, and a good lawyer will go over all these things with you; if they don't, seek out a different solicitor, as your chances of prevailing in your claim will go up when your legal team has all the right information. Also never use a law firm that requires you to pay up front for legal advice, as you can easily find a 'no win no fee' medical negligence specialist that is willing to take on your case without needing a single penny - and if you or a loved one has emerged from hospital with a debilitating medical condition, you're going to need all your financial resources to make sure the proper level of care is provided until your case is resolved.

There are three things that make up a medical negligence case: a breach in the duty of care owed to the patient by medical staff, a loss or injury, and a causal link between the breach and the injury. If you or your legal team can prove all three, you will be owed compensation.

You're not going to have to worry too much about proving a loss or injury occurred, especially if you or your loved one has a debilitating, life-changing condition that wasn't present before the trip to hospital. However, demonstrating that medical staff breached their duty of care towards the patient by providing care below the accepted standard will require expert medical testimony, as will proving that the breach in the duty of care (if any does exist) was the direct cause of the injuries suffered.

Lucky for you, your legal team only has to demonstrate that there is a preponderance of evidence in your favour. That means that, if you would have had a minimum of a 51 per cent likelihood of recovering fully if you were given the proper treatment, that's enough for the courts - your claim is going to succeed - and it's the job of your legal team to provide enough evidence to tip the scales towards that point.

Now that you understand how the process works for medical negligence claims, you have at least one less thing to worry about. Now, you can let your injury solicitors go to work for you, and you can concentrate on getting on with your life the best way you can in the wake of a horrible mistake that has changed your life forever, knowing that you will soon have the compensation you need to provide permanent care for you or your injured loved one.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   

Diagnosing Oral Diseases

Whenever you go to get your teeth cleaned, you dentist has a responsibility to look for more than just plaque. Plaque build-up and other matters of oral hygiene are important to your health, but the mouth can indicate greater medical issues as well. Your dentist, dental hygienists, and nurses can be crucial in diagnosing more severe medical conditions like gum infections and even diabetes.

When your dentist is cleaning your mouth, it is crucial for them to look for other abnormalities. Your mouth can be an indicator of other health concerns in your body. One disease that all dentists should be on the lookout for is oral cancer. This development may be overlooked by the patient him or herself. Often velvety red or white spots develop that indicate the presence of this dangerous disease. Thankful, when oral cancer is diagnosed early, the disease is very treatable. But without the proper inspection or diagnosis, this disease can take a toll on your body.

Gum infections can also be a painful disease that your dentist should be quick to spot. An infection in your gums can cause bone loss. This dangerous infection can spread throughout your entire mouth if it is not spotted quickly. Thankfully, these types of infections can be treated and may not cause significant damage if treatment begins quickly. It is important for your dentist to look for signs of infection.

Finally, other non-oral diseases may show signs of their presence through symptoms in the mouth, including diabetes. Recent studies have linked inflammation in the gums and other signs to diabetes. If you dentist sees indications of abnormal swelling or irritation, it is important to get a proper diagnosis.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   

What Happens When a Person Files a Medical Malpractice Lawsuit?

Going through a medical malpractice lawsuit is a major inconvenience for everyone involved. It is time consuming and expensive, not to mention the emotional toll it can take on a person's body and mind. Doctors put a great deal of energy into their work, and although they try all they can to provide for the needs of their patients, sometimes mistakes happen. Sometimes they may face a malpractice lawsuit.

If a medical professional is sued for medical malpractice, the first thing that takes place is the delivery of summons and complaint. Typically the plaintiff is the patient, a party acting on behalf of the patient, or the executor of a deceased patient's estate.

After a complaint is filed, there is an opportunity to challenge the allegations. The process now enters what is called discovery. Both the plaintiff and defendant can conduct their own investigation to find out all about the allegations and defenses. During this time a deposition may take place in which either party will be questioned. This helps a lawyer prepare the case if it goes to trial.

At any time during the litigation process either party can settle the dispute. If the case does end up going to trial, a jury will decide whether or not the defendant (doctor) is at fault and if the plaintiff (patient) will receive damages.

Medical professionals are still able to work and practice medicine during a malpractice lawsuit. In fact, they can actually still work even if found liable in court. The exception is if records were falsified or the person committed a grossly negligent act, which has caused him/her to be a danger to other patients.

Medical professionals are putting your reputation, career, and financial stability on the line when they don't protect themselves with medical malpractice insurance. All it takes is one lawsuit to break the career that they worked so hard to build.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?   The Complicated World of Expert Affidavits in Minnesota Medical Malpractice Cases   

The Dangers of Delayed Diagnosis

A patient's diagnosis is the first step in that patient's recovery. The sooner treatment can start, the sooner an individual can move closer to being healed of his or her ailment. Treatment cannot start until there is a diagnosis, making a quick diagnosis vital to a patient's health.

Unfortunately, some doctors may not make diagnoses in timely manners. This may be due to a number of factors, including unfamiliar symptoms. In other cases, though, this may be due to negligence. This may mean that the doctor put off the diagnosis, did not see the patient in a timely manner, or was overworked and simply did not have the time to make a prompt diagnosis.

Though not all of these issues are the doctor's fault, most can be traced back to some medical provider, which may make the medical establishment where the individual received treatment liable for any injuries that a person suffered because of a delayed diagnosis.

A delayed diagnosis, first and foremost, may allow an individual's condition to worsen. This means that instead of having an ailment that could have been curable, the individual's condition may advance to a level that is impossible to cure.

When an individual suffers harm after a delayed diagnosis, he or she may be entitled to financial compensation from the medical establishment where the delayed diagnosis occurred. The individual fighting for compensation will need to file a medical malpractice lawsuit and, as such, is advised to seek experienced legal counsel to help them build and fight their case.

If you or someone you love suffered harm because your doctor failed to diagnose your medical condition in a timely manner, you may be entitled to financial compensation for your injuries.

Discuss your legal rights and options with the Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C., today for more information.

Litigating the Brain Damaged Baby Case From the Initial Interview to Trial   What Is Medical Negligence and What Does It Mean for You?   Learn What Medical Malpractice Really Is   Failure to Diagnose Cancer Case - How Does It Work?