Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Statistics vary considerably on the variety of medical errors that happen in the United States. Some research studies position the number of medical errors in excess of one million annually while other research studies place the number as low as a few hundred thousand. It is commonly accepted nevertheless that iatrogenic illness (disease or injury caused by a medical mistake or medical treatment) is the third leading cause of death in the United States after cardiovascular disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has limited his practice to representation of victims injured by someone else's carelessness, medical or otherwise, I have received countless calls from potential clients over the last 20 years asking me if they have a medical malpractice case. Because medical malpractice lawsuits is very pricey and really lengthy the legal representatives in our firm are extremely careful exactly what medical malpractice cases where we choose to get included. It is not at all unusual for a lawyer, or law practice to advance lawsuits expenditures in excess of $100,000.00 simply to obtain a case to trial. These expenses are the expenses connected with pursuing the lawsuits that include expert witness charges, deposition expenses, show preparation and court expenses. What follows is an overview of the concerns, concerns and factors to consider that the lawyers in our company think about when talking about with a customer a prospective medical malpractice case.

What is Medical Malpractice? is medical treatment that breaches of the "Standard of Care" for medical physicians (or nurses, chiropractic practitioners, dentists, podiatric doctors and so on.) which leads to an injury or death. "Requirement of Care" means medical treatment that a reasonable, prudent medical provider in the very same neighborhood should provide. The majority of cases include a disagreement over what the suitable standard of care is. The standard of care is generally provided through the use of specialist testimony from seeking advice from physicians that practice or teach medication in the same specialized as the offender( s).

When did the malpractice happen (Statute of Limitations)?

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In Ohio the medical malpractice statute of restrictions is one year from the date of the malpractice, or the last date the accused treated the complainant (victim) or the date the complainant discovered or fairly need to have found the malpractice. Some states have a 2 year statute of limitations. In Ohio if the victim is a minor the statute of restrictions will not even begin to run up until the small becomes 18 years of ages. Be encouraged however acquired claims for parents might run several years earlier. If you believe you may have a case it is essential you get in touch with a legal representative quickly. Irrespective of the statute of constraints, doctors relocate, witnesses vanish and memories fade. The faster counsel is engaged the quicker important evidence can be maintained and the much better your possibilities are of dominating.

What did the doctor do or fail to do?

Merely due to the fact that a patient does not have a successful result from a surgery, medical treatment or medical treatment does not in and of itself mean the medical professional made a mistake. Medical practice is by no implies a guarantee of good health or a complete healing. of the time when a patient experiences an unsuccessful result from medical treatment it is not due to the fact that the medical provider made a mistake. Most of the time when there is a bad medical result it is regardless of excellent, quality medical care not because of sub-standard treatment. blockquote class="curated_content">

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When discussing a possible case with a customer it is important that the client be able to tell us why they believe there was medical negligence. As we all understand people typically pass away from cancer, heart disease or organ failure even with good healthcare. Nevertheless, we likewise know that individuals usually need to not die from knee surgical treatment, appendix removal, hernia repair or some other "minor" surgical treatment. When something extremely unanticipated like that happens it certainly deserves checking out whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. Many legal representatives do not charge for an initial consultation in neglect cases.

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

In any carelessness case not only is the burden of proof on the plaintiff to prove the medical malpractice the plaintiff need to also prove that as a direct result of the medical carelessness some injury or death resulted (damages). This is called "near cause." Given that medical malpractice litigation is so costly to pursue the injuries must be considerable to call for moving forward with the case. All medical errors are "malpractice" nevertheless just a little portion of errors give rise to medical malpractice cases.

By way of example, if a parent takes his son to the emergency clinic after a skateboard mishap and the ER doctor doesn't do x-rays in spite of an apparent bend in the kid's lower arm and tells the dad his child has "simply a sprain" this likely is medical malpractice. But, if the child is correctly detected within a couple of days and makes a complete recovery it is not likely the "damages" are severe sufficient to carry out a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of the hold-up in being effectively identified, the young boy has to have his arm re-broken and the growth plate is irreparably harmed due to the hold-up then the damages likely would call for additional investigation and a possible lawsuit.

Other important factors to consider.

Other concerns that are very important when figuring out whether a customer has a malpractice case consist of the victim's habits and medical history. Did the victim do anything to trigger or add to the bad medical result? A typical technique of medical malpractice defense attorneys is to blame the client. If it is a birth trauma case, did the mama have correct prenatal care, did she smoke or use drugs throughout her pregnancy? In other cases, did the client follow the physician's orders, keep his visits, take his medicine as instructed and inform the medical professional the fact? These are realities that we have to understand in order to figure out whether the physician will have a legitimate defense to the malpractice suit?

What takes place if it appears like there is a case?

If it appears that the patient might have been a victim of a medical error, the medical mistake triggered a significant injury or death and the patient was certified with his physician's orders, then we have to get the patient's medical records. For the most parts, obtaining the medical records involves absolutely nothing more mailing a release signed by the customer to the medical professional and/or healthcare facility together with a letter asking for the records. In the case of wrongful death, an executor of the victims estate needs to be designated in the regional county probate court then the executor can sign the release requesting the records.

As soon as the records are gotten we review them to make sure they are total. It is not unusual in medical carelessness cases to get insufficient medical charts. When all the relevant records are obtained they are offered to a qualified medical specialist for review and viewpoint. If the case is against an emergency room physician we have an emergency clinic physician examine the case, if it's against a cardiologist we need to acquire an opinion from a cardiologist, etc

. Mostly, what we would like to know form the expert is 1) was the treatment offered listed below the standard of care, 2) did the violation of the standard of care result in the clients injury or death? If the medical professionals opinion agrees with on both counts a suit will be prepared on the client's behalf and usually filed in the court of typical pleas in the county where the malpractice was devoted or in the county where the offender lives. In some limited situations jurisdiction for the malpractice lawsuit could be federal court or some other court.


In sum, an excellent malpractice attorney will carefully and completely evaluate any potential malpractice case before submitting a lawsuit. It's not fair to the victim or the doctors to file a suit unless the professional informs us that he thinks there is a strong basis to bring the suit. Due to the expense of pursuing a medical negligence action no good attorney has the time or resources to lose on a "pointless lawsuit."

When speaking with a malpractice lawyer it is very important to precisely offer the lawyer as much information as possible and address the legal representative's questions as completely as possible. Prior to speaking to a legal representative think about making some notes so you always remember some important fact or circumstance the lawyer might require.

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

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