Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice problem.

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

As a lawyer who has actually limited his practice to representation of victims injured by somebody else's negligence, medical or otherwise, I have gotten thousands of calls from potential clients over the last 20 years asking me if they have a medical malpractice case. Because medical malpractice lawsuits is really costly and really lengthy the legal representatives in our company are really mindful exactly what medical malpractice cases where we choose to get involved. It is not at all unusual for an attorney, or law firm to advance lawsuits expenditures in excess of $100,000.00 simply to obtain a case to trial. These costs are the costs connected with pursuing the litigation that include professional witness fees, deposition costs, exhibit preparation and court expenses. What follows is an outline of the concerns, questions and considerations that the lawyers in our firm think about when discussing with a client a prospective medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical doctors (or nurses, chiropractic practitioners, dentists, podiatrists etc.) which leads to an injury or death. "Standard of Care" indicates medical treatment that a sensible, sensible medical provider in the same neighborhood need to supply. Most cases include a dispute over exactly what the relevant standard of care is. of care is generally supplied through using specialist statement from seeking advice from doctors that practice or teach medicine in the exact same specialized as the defendant( s).

When did the malpractice take place (Statute of Limitations)?

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

In Ohio the medical malpractice statute of limitations is one year from the date of the malpractice, or the last date the defendant treated the plaintiff (victim) or the date the plaintiff discovered or fairly must have found the malpractice. Some states have a two year statute of constraints. In Ohio if the victim is a small the statute of limitations will not even begin to run up until the minor ends up being 18 years of ages. Be advised nevertheless acquired claims for parents might run many years previously. If you believe you might have a case it is necessary you call a lawyer quickly. Irrespective of the statute of restrictions, doctors transfer, witnesses vanish and memories fade. The sooner counsel is engaged the sooner essential proof can be preserved and the much better your possibilities are of dominating.

Exactly what did the physician do or cannot do?

Just since a patient does not have an effective result from a surgical treatment, medical treatment or medical treatment does not in and of itself mean the doctor made a mistake. Medical practice is by no implies an assurance of health or a complete healing. The majority of the time when a patient experiences an unsuccessful result from medical treatment it is not because the medical service provider slipped up. Most of the time when there is a bad medical result it is despite great, quality healthcare not because of sub-standard healthcare.

Johns Hopkins study suggests medical errors are third-leading cause of death in U.S. - Hub

Johns Hopkins study suggests medical errors are third-leading cause of death in U.S. - Hub "Incidence rates for deaths directly attributable to medical care gone awry haven't been recognized in any standardized method for collecting national statistics," says Martin Makary, professor of surgery at the Johns Hopkins University School of Medicine and an authority on health reform. "The medical coding system was designed to maximize billing for physician services, not to collect national health statistics, as it is currently being used."

When discussing a prospective case with a client it is necessary that the customer be able to tell us why they believe there was medical negligence. As know individuals typically die from cancer, cardiovascular disease or organ failure even with good treatment. However, we also know that people generally must not pass away from knee surgical treatment, appendix elimination, hernia repair work or some other "small" surgical treatment. When something really unexpected like that happens it certainly is worth exploring whether there was a medical mistake. If in will discuss your case with you informally on the telephone. The majority of attorneys do not charge for an initial consultation in carelessness cases.

So what if there was a medical mistake (proximate cause)?

In any neglect case not only is the burden of proof on the plaintiff to show the medical malpractice the complainant need to likewise 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 expensive to pursue the injuries should be significant to necessitate moving on with the case. All medical errors are "malpractice" however only a small percentage of errors generate medical malpractice cases.

By way of example, if a moms and dad takes his child to the emergency room after a skateboard accident and the ER medical professional does not do x-rays regardless of an obvious bend in the child's forearm and informs the dad his kid has "just a sprain" this most likely is medical malpractice. But, if the child is properly diagnosed within a few days and makes a total healing it is not likely the "damages" are serious enough to undertake a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of the delay in being effectively diagnosed, the young boy has to have his arm re-broken and the development plate is irreparably harmed due to the hold-up then the damages likely would necessitate more investigation and a possible claim.

Other important factors to consider.

Other issues that are essential when determining whether a client has a malpractice case include the victim's behavior and medical history. Did the victim do anything to trigger or add to the bad medical result? A typical method of medical malpractice defense attorneys is to blame the client. If it is a birth trauma case, did the mommy have proper prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the client follow the doctor's orders, keep his consultations, take his medication as advised and tell the medical professional the truth? These are truths that we need to understand in order to identify whether the physician will have a legitimate defense to the malpractice suit?

What happens if it appears like there is a case?

If it appears that the client may have been a victim of a medical error, the medical error triggered a substantial injury or death and the client was certified with his medical professional's orders, then we need to get the client's medical records. In most cases, getting the medical records involves absolutely nothing more mailing a release signed by the customer to the medical professional and/or healthcare facility along with a letter requesting the records. In the case of wrongful death, an administrator of the victims estate needs to be appointed in the regional county probate court and then the executor can sign the release requesting the records.

When the records are gotten we evaluate them to make sure they are total. It is not uncommon in medical neglect cases to receive incomplete medical charts. As soon as all the relevant records are gotten they are supplied to a qualified medical expert for evaluation and opinion. If the case is against an emergency room doctor we have an emergency room physician review the case, if it protests a cardiologist we have to get an opinion from a cardiologist, and so on

. Primarily, what we would like to know form the expert is 1) was the medical care offered listed below the requirement of care, 2) did the violation of the requirement of care result in the patients injury or death? If the doctors opinion agrees with on both counts a lawsuit will be prepared on the client's behalf and typically submitted in the court of typical pleas in the county where the malpractice was dedicated or in the county where the defendant lives. In some restricted situations jurisdiction for the malpractice claim could be federal court or some other court.


In sum, a good malpractice lawyer will thoroughly and thoroughly evaluate any prospective malpractice case before submitting a claim. It's unfair to the victim or the medical professionals to file a lawsuit unless the expert tells us that he thinks there is a strong basis to bring the claim. Due to the expense of pursuing a medical neglect action no good lawyer has the time or resources to lose on a "pointless suit."

When talking to a malpractice legal representative it is necessary to accurately provide the lawyer as much information as possible and answer the lawyer's concerns as totally as possible. Prior to speaking to a lawyer consider making some notes so you do not forget some important fact or scenario the legal representative may need.

Last but not least, if you believe you may have a malpractice case get in touch with a great malpractice legal representative as soon as possible so there are no statute of restrictions issues in your case.

Leave a Reply

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