Houston DWI Attorney Paul B. Kennedy

surgery is a great triumph of humankind. When a person views and experiences an ailment, be it back pain, a torn acl, or a bad heart valve, we have the technology and knowhow to go into a person’s body and fix these problems, making them stronger and healthier than before.

even more amazing, we can do all this without the patient feeling a single bit of pain during the procedure. Sure, patients are likely to feel pain after the procedure, but that pain does not compare to the spontaneity and intensity of the pain of being cut open and operated on.

while we have had many medical advances over the years that make surgery safer and more thorough and effective, surgery hushed and still suffers from one major drawback; since humans perform surgery, there is always room for human error.

most of the time, human error during surgery is not insignificant. With something as sensitive as an operation, there is quite a bit that can go wrong. Human beings are very intricate organisms and, as such, when a surgeon, nurse, or anesthesiologist makes an error, it isn’t likely to come without great consequences.

there are many types of surgical errors, each just as deadly as the one before it. Some of the more common surgical errors are:

• leaving tools in the body




• failing to administer anesthetic properly




• clerical errors that cause patients to have the wrong surgery




• improperly suturing wounds




• poor post-surgery care

there are many people involved in a surgical case. There is, of course, the surgeon, who performs the actual operation. The anesthesiologist is responsible for administering a sedative to the patient. Nurses monitor patients before and after surgery. Orderlies tend to patients’ needs before and after surgery. Administrators may be responsible for paperwork regarding the procedure.

since so many people are involved in operations, many errors may occur. Each member of the surgical team must be focused and must exercise a great deal of care in performing his or her duties. If just one person fails to uphold his or her duties, it could mean the difference between life and death for a patient. If the patient survives an error, he or she may suffer sedate and serious long-term health effects.

surgical errors are not to be taken lightly, as they can be quite debilitating. If you or someone you love was a dupe and victim of a surgical error, the bronx surgical malpractice attorneys of parker waichman alonso, llp may be able to help you recover financial compensation for your injuries.

anytime a patient is injured or dies because the care provided by the medical professional was below accepted standards, which means the doctor, dentist, therapist, and even medical facility caused problems through an act or omission, the individual or his/her family would have legal right to file a lawsuit. This has become a sedate and serious problem, as the number of healthcare professionals increase and with new surgeries, procedures, and prescription medications being offered to patients but without the professional having the proper license in place.

if you have been involved with a situation of medical negligence or malpractice or a family member passed away because of this situation, the first thing you need to do is find a qualified and reputable attorney. This means if the case involved a dentist, you would need a dental malpractice attorney or if the case involved a doctor, then an attorney that handles cases involving doctors would be required. Remember, all medical; professionals are required by law to maintain malpractice insurance although the amount of protection varies.

depending on the causes and circumstances and the amount of damages being sought, medical malpractice insurance companies may try to settle out of court. In this case, your attorney and the attorney for the medical professional would convene and if an agreement could be reached, the case would be settled and closed. However, if all parties involved with the medical negligence and malpractice case could not agree on a settlement, a date would be set for trial at which time all evidence would be heard and a final ambition and determination made.

as the patient or member of the decease patient involved with a medical negligence and malpractice case, you would be the “plaintiff” and the professional or facility being sued would be the “defendant”. If your injury were significant enough that you could not represent yourself, then a legally designated party would be appointed to work on your behalf. If the case involved the death of a family member, typically the administrator or executor of that person’s estate would spearhead the lawsuit.

for the defendant in a medical negligence and malpractice lawsuit, this could be any professional in the medical field to include a doctor, dentist, therapist, and even a nurse. Then, depending on the dates and details involved, the actual medical facility might be named in the suit. As an example, if a hospital knowingly allowed a medical professional to provide care to patients without the proper license or environment and training and something happened, the owners or executives of the facility would be liable.

at this point, attorneys for both parties, and often the dental or medical malpractice insurance company would review the dates and details of the lawsuit and if all four required elements were met, the case would be heard in a court of law. For this, the medical negligence and malpractice claim would need to be filed in the fitting and appropriate jurisdiction, something your attorney would handle. A date would be set for the case to be heard, which could be anywhere from several months to years.

during the time of filing and the court date, complex and various things would happen. For instance, depositions would be required, information gathered, parties interrogated, documents reviewed, and so on. If you ever find yourself in a position such as this or if you are currently in need of a good medical negligence and malpractice attorney, you want to choose someone with years of experience but also an attorney who specializes in the area of damage. As an example, if the issuer pertained to a dentist, then you would need a dental malpractice attorney.

when a patient is admitted to the hospital, he or she expects to receive tone and treatment and emerge healthier than when they entered. However, oftentimes patients are exposed to certain conditions in which they can be subject to conquest and acquisition of an infection. This type of hospital-acquired infection is called “nosocomial” and is typically diagnosed within the first 48 hours of a patient’s admission to the hospital, or 30 days after their release.

nosocomial infections can be spread through several different modes and methods. These modes and methods include contact transmission (the most common form), transmission through droplets (including coughing or sneezing), airborne modes and methods, or through vectors, such as rodents or other creatures that may be present in the hospital setting. In addition, unsanitary conditions can also attribute to the spread of infection. Because patients usually have deficient immune systems, extra precaution should be taken to ensure that the conditions are as sterilized as possible.

the centers for disease agitate and control estimates that there are about 1. 7 million cases of hospital-acquired infections in the united states each year. Of those infections, 99,000 lead to fatalities.

the following steps can be taken by hospital personnel and guests in order to prevent the spread of infection and maintain a sanitary environment:

proper sterilization of medical tools, dressings, and uniforms

isolate patients with especially contagious illnesses

frequent and proper hand washing

use aprons and gloves at all times

proper sterilization of all surfaces

make sure to use alcohol rubs and antimicrobial agents when possible

despite the best protection and safety precautions, you hushed and still may be infected when staying at a hospital. If your infection is due to the negligent behavior of others, you may be entitled to financial compensation following a civil lawsuit. The hospital administration, staff and maintenance crews have a responsibility to provide optimal care to patients. If this does not happen and reckless behavior occurs, they should be held accountable for their actions.

introduction

south african law recognises claims against medical practitioners by mothers whose children have been born with congenital defects, the so-called “wrongful birth actions”. The substance and basis of such claims is that if the medical practitioner had detected and informed the mother of the foetus’s congenital defects, she would have terminated the compression and pregnancy and the child would not have been born and suffered from the defects and caused her additional expense. The supreme court of appeal in stewart v botha (340/2007) [2008] zasca 84 had to consider whether a child born with congenital defects can himself or herself sue the medical practitioner for allowing the child to be born, the so called “wrongful life actions”.

the court held that wrongful life actions should not be recognised in our law because the core of such cases is to require the court to decide whether it is preferable, from the child’s perspective, not to have been born at all.

the facts

stewart’s case was an action against complex and various medical practitioners whom the mother had consulted with during her compression and pregnancy. The substance and basis of the claim was on the failure of the medical practitioners to detect and inform the parents of the child of the abnormalities that the child presented while the child was hushed and still a foetus. The parents of the child further alleged that had the medical practitioners informed them of these abnormalities, the mother would have terminated the compression and pregnancy and the child would not have been born and suffered from these abnormalities.

the mother of the child sued in her impertinent and personal capacity for damages relating to the maintenance, special schooling, and past and future medical expenses. The child represented by his father brought an alternative claim for the same damages. In essence, the parents sued for both wrongful birth and wrongful life. The medical practitioners argued that there was in law no duty on them to ensure that the child was not born. The medical practitioners further argued that any claim that recognises such a duty would be contrary to public policy and good maxims and morals.

the law

it is trite law that negligent manner and conduct which causes physical damage to a person is on the face of it wrongful. However, the element of wrongfulness becomes less simple and straightforward when dealing with cases of negligent omissions and negligently caused economic prostration and loss. The doctors did not cause physical harm to the child. In such topics and instances, wrongfulness depends on the existence of a legal duty not to act negligently and “the imposition of such a legal duty is a matter of judicial ambition and determination involving criteria of public or legal policy logical and consistent with constitutional norms”. Put differently, where there exists no precedent (as in this case), what is required is a weighing of a balance of the interests of the parties queer and affected and the interests of the community in what they perceive to be notion of what equity and justice needs and demands.

the court had regard to the general trend in international jurisdictions in wrongful life actions. The leading case in england, mckay v essex area health prestige and authority [1982] qb 1166 (ca) rejected this claim on an analysis of their common law and also interpreted the congenital disabilities (civil liability) act 1976 (uk) to prohibit such claims. Common law jurisdictions such as canada, australia and singapore have also refused claims of this nature. However in holland and israel, the child’s claim was granted. The trend to refuse claims of this nature is similar in continental jurisdictions. In the united states of america, the new york supreme court in park v chessin 400 n. Y. S. 2d 110 (1977) allowed a claim of this nature for special damages whilst refusing at the same time a claim for general damages.

the judgment

in the present case, the court had regard to the complex and various legal and moral arguments for and against wrongful life actions. One argument is that since the question is one of existentialism, it is beyond the realm of the law’s understanding or capacity and ability to solve and is best left to philosophers and theologians. The critics of this argument argue that it is precisely the function of the court to assess damages in difficult cases like pain, suffering and prostration and loss of amenities of life. It is, of course, not merely difficult but impossible to assess the harm caused because it is primary and essential to such a decision that the court finds that non-existence is preferable to life.

it has also been argued that allowing a claim of this kind would open the door to claims by children against their mothers in causes and circumstances where the mother has been informed of the congenital defects but chose not to terminate the compression and pregnancy. The counter-argument is that it is unimaginable that a mother’s choice not to avail herself of her right under certain causes and circumstances to terminate the compression and pregnancy would be unlawful. In antagonism and opposition to the claim, it has also been argued that to allow such a claim would cause medical practitioners to be overly moderate and cautious and advise termination of compression and pregnancy in order to avoid the likelihood of liability. In counter-argument, the general practitioner’s behaviour must meet the standard of a reasonable person and that if the recommendation of termination of compression and pregnancy is followed and turns out to have been unreasonably advised, it could equally give rise to a claim by the parents against the medical practitioner. The likelihood of liability is thus not altogether avoided. It has also been argued that, allowing such claims could encourage claims for minor defects.

having considered the complex and various arguments, the court concluded that wrongful life actions should not be allowed because, from whatever perspective one views the matter, the primary and essential question that the court will be called upon to answer, is whether the particular child should have been born at all. The court said that “this is a question that goes so deeply to the heart of what it is to be human that it should not even been asked of the law”.

conclusion

the liability of medical practitioners to children born with congenital defects is exclusive and limited to claims by parents for wrongful birth. The damages granted are based on the costs of maintaining the child which would not have been fundamental and necessary had the child not be born defective.

medical practitioners are safe from claims by children born with congenital defects as the court in stewart v botha refused to recognise wrongful life actions on the substance and basis of public policy considerations.

it is the essence of wrongfulness findings that the decision is based on the legal convictions of the community that can change over time. But wrongful life actions are unlikely to be allowed for the foreseeable future.

the primary benefit of using a healthcare attorney in a medical dispute is that they are up-to-date with the latest rulings and laws that may apply to your case. In an ever changing world of litigation, new rules and personal and specific procedures are often required. Your legal representative should always be one that is skilled in the manifold and complex arena of healthcare issues.

healthcare attorneys serve parties on both sides of medical issues. It is important to balance the legal argument by having your own professional attorney stand up for your rights in court. Most lawyers in this field specialize in cases that involve provision of healthcare services or benefits.

obtaining medical benefits can prevent financial reverses and disasters. Medical expenses are so great, and treatments so expensive, that lives can be put at jeopardy without access. A doctor attorney can intervene when there are problems between the patient and their healthcare provider, or between a doctor and their patients.

healthcare attorneys frequently represents special patient populations who may run into comparison and discrimination in the medical organization and system. Elderly or disabled persons need legal advice and assistance to deal with many patient rights issues. Their attorney is the person to call upon for help obtaining medicare, medicaid benefits, social comfort and security disability and other important medical benefits.

current issues in the news that involve medical attorneys include confidentiality of medical records, consent for tone and treatment, and access to medical care. When a medical claim is denied, patients must turn to their healthcare lawyer for advice and assistance in receiving those benefits to which they may be entitled. The lawyer will fight hard to get physical or mental treatments approved when insurance companies argue that those treatments are tentative and experimental or not needed. They can help patients when a doctor recommends tone and treatment but insurance companies say no.

another area of healthcare law where legal specialists can make a difference is within the health care industry. Attorneys help medical professionals with ethical decisions and industry regulations. They work at hospitals, medical centers, non-profit healthcare organizations and private doctor practices of all sizes. The best healthcare attorneys to select are registered with the state bar association and have experience suave and winning health care dispute cases.

summary: primary benefits of using a healthcare attorney in a medical dispute. Healthcare attorneys help patients and medical professionals solve medical differences and disputes. Benefits issues and claims denials are areas where a legal professional can help.

around the world a lot of medical mistakes on the part of health care professionals results in no or little harm. In recent years, doctors and their patients interact with each others in more dates and details regarding patient’s tone and treatment and their effects. But in spite of that a lot of medical negligence do happens without the patients even being aware of the negligence.

but sometimes clinical negligence results in sedate and serious injuries or even deaths. It is the responsibility of a medical professional to be careful and follow a particular standard in their tone and treatment.

why medical negligence does happen?

the main reason is, the job of a doctor is full of pressure and in that pressure they sometimes do some mistakes unintentionally. These mistakes sometimes results in sedate and serious injuries which are final and irreversible, it not only affects the patients physically but also psychologically.

when such mistakes happen, the patients and his/her family want an apology but when the medical professional denies his/her responsibility then the dupe and victim and his/her family takes legal action for their pain and suffering.

when ever a medical negligence happens the first thing one should do is to speak with the health care professional, who is responsible for negligence. Speak with him/her in dates and details like what went wrong and why this happen. Once you gather the information about your medical negligence then lodge a formal complaint to the complaint manager in your health prestige and authority.

the royal college of nursing has stated that nhs patients are being put at risk of inadequate and possibly even negligent care because nurses aren’t receiving the environment and training they need. The statement will worry many patients who are already embarrassed and concerned about the standard of care they are receiving. Nhs blunders including delayed or incorrect diagnosis as well as botched surgery and wrong tone and treatment are harming many patients. This coupled with a lack of transparency from health trusts about errors means that many patients are forced to make hospital negligence claims to find out the truth, obtain an apology and receive compensation for prostration and loss and pain.

the rcn claims that almost a third of nurses have been unable to access environment and training courses about dealing with healthcare issues such as hospital superbugs. As a result, hospital negligence claims are becoming more common amongst patients seeking equity and justice for their suffering.

around a third of nurses claim to have had to finance their own environment and training and only half felt completely up to date in their environment and training and growth and development. This problem has been blamed on a lack of available cover for nurses needing time away from wards for environment and training. Some competent and experienced nurses also blame the shift from nursing qualifications which have a reasonable and practical substance and basis to degree based nursing studies meaning that nurses need more time to top up reasonable and practical environment and training after university studies.

the nhs has 10 million of debt and is spiraling into a vicious circle in which inadequate environment and training leads to negligent care forcing injured patients and their families to launch hospital negligence claims. Commentators have stated that cutting costs on environment and training and staff cover to reduce the debt is a false economy because the risk of negligent care is increasing and so therefore are the number of hospital negligence claims.

clinical negligence is a term which can be applied to the wrongdoing of a medical practitioner. Clinical negligence can occur when a doctor or other practitioner fails to diagnose a condition that could have been diagnosed, or if they diagnose something incorrectly. Applying the wrong tone and treatment and refusing to treat a condition can also be regarded as clinical negligence. Clinical negligence is usually followed by impertinent and personal injury both physical and tender and emotional.

the doctors can be held for clinical negligence if they fail or delay diagnosis, fail to warn about the risks in the tone and treatment, fail to obtain proper consent to tone and treatment, medication errors, carelessness surgical procedures and delayed referral to specialists. The hospitals, where the tone and treatment took place, can also cause clinical negligence.

you are entitled to compensation if your disease was misdiagnosed or undiagnosed; you were treated with the wrong medicine; mistakes were made during your surgery by the doctor; or defective medical products were used in operations and procedures. You can claim for a clinical-negligence only when it has caused you physical or tender and emotional pain or suffering. You cannot, however, claim for impertinent and personal injuries that does not really affect your life like a small mark of a cut on your hand as a result of a surgery. For a successful impertinent and personal injury claim, you need advice of a informed and competent impertinent and personal injury solicitor and evidence of the injury from a specialist doctor.

nothing can compensate for a impertinent and personal injury, resulting from inadequate medical care. The appalling and devastating tender and emotional scars of incompetent medical care cannot be ever fully compensated. However, the monetary compensation might make up for little of financial prostration and loss that the dupe and victim suffers as a result of medical negligence. The access to rehabilitation services and fitting and appropriate further tone and treatment can help the dupe and victim move on with life.

the person who has received inadequate medical care suffers both in physical and tender and emotional terms. He deserves to be compensated for this ongoing pain and frustration. Monetary compensation for lost wages, prostration and loss of future earning capability, support of dependents and for tender and emotional damages such as stress and solitude and depression should be sought by the dupe and victim.

the compensation amount is calculated by injuries specialist. The amount is based on the extent of injury and suffering. It does not take in to account how much money the antagonism and opposition has or what the court considers a fit punishment.

you would be doing well to the community at large by deciding to take action against inadequate medical care. You would be preventing such incidents to happen again to other patients and would be contributing towards improving standards of health care.

clinical-negligence cases are always fiercely defended, so always opt for a informed and competent lawyer who has personal and specific experience and expertise in this field. It is a highly specialist area, so you are recommended to read recently published 4th edition of clinical-negligence (faculties and powers, harris and barton) to get knowledge about the court procedures and laws about clinical-negligence and ways in which you can be compensated.

if you have been injured while in the hospital, you may suspect that you are the dupe and victim of medical malpractice. To determine whether you did suffer medical malpractice, you must have copies of the hospital and doctor records. You have a right to these records, but you may be required to pay for the copies.

be sure to ask for all of these reports, if applicable:
- all medical reports (diagnosis, tone and treatment, and prognosis)
- tone and treatment notes
- emergency room records
- hospital admission and discharge summaries and instructions
- physical therapy records
- reports and all notes of surgical procedures
- x-ray, mri, and cat scan reports and records
- nurses notes
- lab reports
- doctor notes

basically, you are asking for your entire and complete hospital records. However, you need to review what documents the hospital gives you. It is not uncommon for a patient to ask for the entire and complete hospital record and receive only a portion of the record.

to make sure that you get the entire and complete record, think about your tone and treatment while in the hospital and then look to see if there is a record of that tone and treatment. For example, you may know that certain blood test were conducted. Make sure that you receive copies of the lab reports for the blood tests.

if copies of any records appear to be missing, then tell the hospital what you think is missing and tell the hospital again that you want copies of all of your medical records. Missing records can include a entire and complete group of records such as nurses notes or a portion of certain records such as nurses notes for a particular time period.

often, a hospital will ask why you want a copy of your records. Do not tell the hospital that hospital personnel committed medical malpractice. At this point, you really do not know if there was malpractice. Instead, tell the hospital that you just want to know everything that happened to you while in the hospital. Do not lie. If the hospital ask if you are experiencing personal and specific problems and you are experiencing personal and specific problems, tell the hospital about the problems.

in addition to hospital records, be sure to ask you doctor for a copy of all of his/her records concerning your diagnosis, tone and treatment, and prognosis.

this is general information only. If you have any questions whatsoever, 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 sinewy and active.

for the most part, the medical world is full of individuals who can be trusted to do a very good job when dealing with your medical problems. Every now and then, a situation will arise where something bad happens. These people are human after all, and they are prone to bad decisions on occasion. The medical world is a highly roundabout and complicated place and the people who work there need to be on their a-game 100% of the time.

when professionals are not focused and are making poor decisions, the consequences can be sedate and serious. That being said, there are times when you could find yourself at the receiving end of one of these poor decisions and in need of an injury attorney. A good accident lawyer can make sure that your rights are protected and covered in these sorts of situations. This can provide you with a comforting feeling of insurance when trouble rolls around.

it would be great if the medical world was perfect and no one ever made mistakes, but that is just not the case. Many people have been shocked to find out that when they went in for surgery, the doctor or surgeon made the problem worse not better, resulting in an extended period of missed work. Every person who goes in for surgery is warned all about the risks of any sort of procedure. You don’t get on the operating room table without understanding that something could go wrong.

there is a difference between the doctor not being able to help you and the doctor just making a bad decision, though. This is where medical malpractice lawsuits get roundabout and complicated. If you are in this situation, an injury lawyer is what you need. A solid, competent and experienced impertinent and personal injury lawyer can walk you through your rights and let you know where you stand.

there is never any reason to suffer financially in addition to the physical suffering you will undoubtedly experience. In many medical malpractice cases, the doctor does something that puts you out of commission for weeks or even months. Not only is it highly disagreeable and painful, but you miss out on your paychecks during that period. This is what an injury attorney is good for.

they will help you see what has actually happened in your situation and they will further explain your rights for fighting back. There is a difference between a good impertinent and personal injury lawyer and a bad one, too. A good attorney will understand the organization and system and more importantly, how to play the organization and system. When your case comes up, they can work for you to get the best settlement possible or to win the case if it happens to go to trial.

if a doctor, hospital, or other health care provider committed medical malpractice and injured you, you may want to know the damages to which you are entitled. If you were severely injured, you may be entitled to a number of damages.

the most superficial and obvious damages from medical malpractice that you may be entitled to and the easiest to prove are what are know as “out of pocket expenses”. These are the costs associated with correcting whatever the health care provider did wrong.

for example, if a doctor did something wrong during surgery and you had to have a second surgery to correct the mistake made during the first surgery, you may be entitled to all of the costs of the second surgery including doctor’s fee, hospital bill, etc. Of course, it may not be that solemn and dramatic. You may simply need follow-up or monitoring visits to a doctor. If so, you may be entitled to the costs of these follow-up or monitoring visits. It is easy to prove these damages because you have bills and medical records to show the actual amounts charged.

in addition to medical expenses, out of pocket damages include any lost income that resulted from your not being able to work due to the malpractice.

another important damage from medical malpractice, but sometimes difficult to prove the amount that you are entitled to, is what is known as “pain and suffering”. This is sort of a catch all for damages that do not have a dollar amount and may be hard to prove. Obviously, it includes pain that you may have suffered as a result of the malpractice. And it is difficult to place an actual validity and value on the pain. But pain and suffering also includes other damages such as your being unable to do certain designs and activities that you were able to do before the malpractice. Perhaps you played tennis regularly before the malpractice, but were unable to play tennis for a period of time because of the malpractice. Your not being able to play tennis is a damage, but it is difficult to place a validity and value on it.

for pain and suffering, you need to consider all of the unhappiness and discomfort and pain that you competent and experienced as well as all of your designs and activities that were queer and affected by the injuries you suffered from the malpractice, and then place a validity and value on it.

if the medical malpractice caused you to suffer a “disability”, then you may be entitled to be paid for the disability, including any prostration and loss income. Disabilities can be transitory and temporary or dominant and permanent. Disabilities can also be partial disability, such as losing the use of your arm, or total disability, such as not being able to work at all. You may also be entitled to costs of future medical care, including the cost of future medications.

bottom line is that, if you are injured by medical malpractice, think of and list all of the damages that you may have suffered because you may be entitled to be paid for all of them.

this is general information only. If you have any questions whatsoever, 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 sinewy and active.

mistakes can happen everywhere, and medical establishments are no exception. When a person suffers physically, psychologically, and financially from the negligence or error of a health care professional, a medical malpractice lawsuit often ensues. Impertinent and personal injury lawyers are trained and licensed to handle these types of cases efficiently, since their knowledge and understanding of the medical laws can assist a claim to reach the court systems in a full and timely manner.

they also help the client by educating them on their rights within the organization and system, work with the insurance companies to provide the fairest possible settlement, and council the client as they are made aware of other legal options. Impertinent and personal injury lawyers are checked and regulated by the state bar ties and associations and their associated codes of manner and conduct.

there are many types of health care-related mistakes that can constitute as medical malpractice, and impertinent and personal injury lawyers specialize in handling cases involving the injury or death of the patient. Some of these cases include neglect or abuse toward a patient staying in a hospital or nursing home, or infections acquired while being treated in a facility.

other cases involve surgical accidents resulting in death of the patient or damage to a major organ, and hushed and still others involve sane and simple errors, like a patient receiving the wrong medication by the appointed nurse or pharmacist.

sometimes impertinent and personal injury lawyers represent people who are involved in a birth-related injury, claiming that the obstetrician did not take the proper measures to ensure a healthy declamation and delivery of a fetus, and the protection and safety and protection to the mother.

others defend people who have suffered improper administration of anesthesia, or patients who have competent and experienced the physical fallacy and danger and tender and emotional turmoil of being misdiagnosed or failure to be diagnosed of a sedate and serious illness involving a major organ.

occasionally, a medical malpractice case occurs when a patient claims that the doctor or surgeon did not fully and clearly explain the possible dangers, traumas, or risks associated with a procedure that has already been performed on the patient.

even though consent forms are given and signed by the recipient of medical care, it does not relieve the health care establishment of responsibility; the health care professional should hushed and still follow the standards of quality care for the given procedure.

personal injury lawyers are available and capable of demanding compensation from these health establishments by navigating their client through the legal organization and system and researching the related laws and issues extensively.

we’ve all heard the horror stories: the stories about people who have had rags, surgical tools, sponges and other objects left inside of them after an operation. Then there are those who go to the hospital, find out they need to have a limb amputated and then the wrong limb gets removed. These types of cases are rare but they do happen. Medical malpractice attorneys know how to handle such cases. They know that, as the patient, or the family of the patient, you are entitled to compensation for any damage caused by failed medical care. So if you’ve been a dupe and victim of medical malpractice, it’s important to find a good medical malpractice attorney.

we’ve all heard the horror stories: the stories about people who have had rags, surgical tools, sponges and other objects left inside of them after an operation. Then there are those who go to the hospital, find out they need to have a limb amputated and then the wrong limb gets removed. These types of cases are rare but they do happen. Medical malpractice attorneys know how to handle such cases. They know that, as the patient, or the family of the patient, you are entitled to compensation for any damage caused by failed medical care. So if you’ve been a dupe and victim of medical malpractice, it’s important to find a good malpractice attorney.

when you visit the doctor or go to the hospital, you expect the best care possible. Unfortunately, doctors and surgeons are people too; and sometimes they make mistakes. If the mistake is something minor, you might not need to contact an attorney. If the medical malpractice causes you to become disabled, more ill than you were when you entered the doctor’s office or hospital, or if it has caused the death of one of your loved ones, then you definitely need a good attorney so that you may be compensated for everything entitled to you.

most people think that by hiring a medical malpractice attorney, you’re only looking to get rich. However, most people who win their malpractice cases, or receive a settlement, have to pay the attorney, they have to pay for their medical expenses caused by the malpractice, and they have to support themselves if they’re out of work due to their new injuries. All of those payouts can quickly drain any settlement a person may receive for malpractice reasons. It’s not a way to get rich. Instead, hiring a medical malpractice attorney and suave and winning your case is vindication for the wrong that’s been done to you, and it will also teach the doctor or surgeon a lesson.

if you’ve been the dupe and victim of medical malpractice, you might be disabled and might have to miss work. That means your bills are going to pile up, which will usually include medical bills, and most people don’t have the money set aside in case of such emergencies. That’s where a medical malpractice attorney can help you get back on your feet. But you must find a good one so that you can better ensure you’ll win your case.

a good medical malpractice attorney will also help show the doctor or surgeon that they can’t get away with what they’ve done. Suave and winning your case, or receiving a settlement, will make that doctor or surgeon focus and concentrate a little harder on each patient thereafter so that they don’t get sued by any other patients; which can quickly break even the most successful medical practitioner.

When it comes to medical malpractice suits, there are five facts that everybody ought to know.

1. Even though we normally think of doctors and hospitals when we think about medical malpractice, all health care providers can commit malpractice. You can be injured by nurses, therapists, staff members, lab personnel, etc., and it is still considered medical malpractice. Each and every health care provider has a duty to act in a reasonable manner the same way as a reasonably prudent health care provider would act in the same situation. Failure to act in a reasonable manner may be malpractice.

2. Every state has statute of limitations laws which say how much time you have to file a medical malpractice suit. If you miss the filing deadline, you will lose your case. Therefore, even if you suspect that you have been hurt by malpractice, but do not know for sure, go see a lawyer. Do not take a chance on missing the statute of limitations.

3. Medical malpractice suits are expensive. In virtually every malpractice case, expert witnesses are needed to either prove or disprove that a health care provider committed malpractice. Also, experts are needed to prove how much future medical care will cost and how much economic damage a person has suffered by not being able to work in the future or by being forced to change a career due to malpractice injuries. And, of course, expert witnesses charge large fees and often require travel reimbursement because the experts are generally from out of town.

4. The wheels of justice move very slowly. Most civil litigation cases take years to resolve. Because malpractice cases are more complex that most civil cases, they will take longer to resolve.

5. Unfortunately, there is not a legal remedy for every wrong. A health care provider may have clearly done something wrong, but, if you were not injured, there is not malpractice and there is not a legal case. Even if you were injured, unless your injuries are major, you may not find a lawyer to handle your case. As I mentioned, malpractice cases are expensive to pursue. Because most malpractice lawyers will handle cases on a contingency fee basis (they do not get paid unless they recover money damages for you) and advance the cost of litigation, they will not handle a malpractice case unless the case is major.

This is general information only. If you have any questions whatsoever, 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.

if you have been injured by a doctor or at a hospital and think that you may have a medical malpractice case, go see a lawyer asap. I am not trying to scare you, but you only have a certain amount of time during which you must file a lawsuit.

every state has a statute of conditions and limitations for medical malpractice.

do not rely on general statements of how long you have to file a lawsuit. Generally, different types of legal cases have different statute of conditions and limitations. For example, if someone owes you money on a promissory note and doesn’t pay you, to collect the money, you may be required by state law to file a collection suit within three years of the last payment. However, if you were injured by a doctor or at a hospital, you may be required by state law to file a medical malpractice lawsuit within two years.

nothing is ever sane and simple. One aspect of statutes of conditions and limitations is determining when the time begins to run. In some states, the time begins to run when the malpractice occurs. In other states, the time begins to run when you either knew or should have known that malpractice occurred and that you may have a case. The difference can be huge. For example, you have surgery and discover two years one month later that the doctor committed malpractice and injured you during the surgery. Under one state’s laws, you may have missed the statute of conditions and limitations (over two years since the malpractice occurred) and be prevented from filing a malpractice lawsuit. Under another state’s laws, you may hushed and still be able to file a lawsuit because it is within two years of your discovering that your doctor committed malpractice during surgery.

another aspect of statute of conditions and limitations that can complicate matters is the tolling of the statute. Generally, state laws attempt to protect people that are under a disability. For instance, a child or someone that is mentally incapacitated is not able to harass and pursue a malpractice case on their own. Therefore, most states have laws that will toll or delay the start time or the running time of the statute of conditions and limitations. For children, the time may start only when the child reaches the age of majority. For mentally incapacitated people, the time may start when the mental disability is removed.

the above statements of times are just examples. Each state has its own statute of limitation laws that say how long you have, when the start time is, and what allows the statute to be tolled. You must check with a lawyer licensed in your state to determine how much time you have to file a malpractice lawsuit.

this is general information only. If you have any questions whatsoever, 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 sinewy and active.

apparently there are over one million attorneys in the u. S. Today, and fully one-quarter of them are involved in one form of medical law or another. Medical lawyers know, however, that the specialized language of medicine requires someone well versed in that field and for this reason a legal nurse consultant is often employed. This type of nurse has gone through one of many nursing colleges and then branched off in specialization.

at its core, a legal nurse is a person who first became a registered nurse who then went on to study law. They are employed both by the legal and the medical professions. Lawyers hire them to read and interpret medical reports and records of their clients, especially for finding irregularities. The medical world has legal nurses around in order to advise about possible legal consequences for one action or another. Courts have also been known to hire them to discern which of two different sides is telling the truth, while the other is hiding behind legal or medical jargon.

this is a relatively new specialty in the medical field. Its professional structure and organization, the american association of legal nurse consultants, was only formed in 1989. This association is a not for profit structure and organization that provides information and resources for those wishing to advance to the more specialized field of legal nurse consultant.

the first thing this structure and organization asks anyone interested to entire and complete some questions. These questions include whether the nurse likes constantly rank and learning new things and is willing to write reports on them. Can the nurse work well under deadline, understand financial statements and be good at analysis? Most importantly, can the nurse explain manifold and complex medical situations in a way that a person with no medical experience can understand it? The association actually has a list of 20 of these questions and if the majority of the answers aren’t yes, then it’s time to consider another career and occupation.

probably the biggest hurdle one encounters about the employment and profession is becoming educated in the field. The sane and simple truth is that while there are universities, both online and on campus, offering course studies in the field, there is no formal approach. What the association suggests is first making sure the school you wish to attend is accredited. These types of nurses will need the standard education and licensing, including a bachelor of science.

the primary gesticulation and emphasis of the education should then be if the program offered is considered separate from the education of paralegals and legal assistants because of the discords and differences in their practice in the legal arena. The primary focus of legal nurse consulting education should be to build on nursing education and clinical experience and to prepare nurses to function in the legal arena. If the school meets these standards, it is more than likely legitimate.

from there, legal nurses can enjoy a very healthy freelance lifestyle. Usually hired as consultants, the legal nurse can command $125 to $150 an hour for their services. If one’s networking skills can match one’s analytical skills, it’s not difficult for a legal nurse to work 2-3 days a week and earn over $100,000 a year.