Medical Malpractice New Jersey Lawyers There for You
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Home Page > Law > Medical Malpractice New Jersey Lawyers There for You
Medical Malpractice New Jersey Lawyers There for You
Posted: Apr 14, 2009 |Comments: 0
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Medical malpractice is a serious matter that one should seek a medical malpractice New Jersey lawyer to help. Although sometimes nurses or medical students can be charged with medical malpractice, usually doctors are charged.
Nurses are not often charged with medical malpractice. However there are cases in which it would be appropriate to file a medical malpractice New Jersey suit against a nurse. Nurses are often times left solely in charge of a patient’s medication. This means that bad side effects resulting from taking the wrong medication would be the nurse’s fault. Also, there are many homes in America in which a nurse is in charge of the health and well being of an elderly or disabled person. When that person is found to be lacking of direct care, then it could be a medical malpractice New Jersey case. In some cases the charges could be even worse if instead the nurse involved is found to be criminally negligent. Nurses need to be especially diligent in their care because they often times don’t have malpractice insurance like doctors.
Normally it is not up to a nurse however to be in charge of a patients health. In our overworked system, normal responsibilities that would be given to a doctor are sometimes left up to a med student. This can be dangerous because as students, they are prone to making mistakes. Although a doctor in charge should be closely monitoring their student’s progress, mistakes can still be missed which can lead to Medical malpractice New Jersey lawsuits. A med student for instance, may not be familiar with uncommon diseases that a seasoned doctor would instantly recognize. Mistakes in a patient’s intake can lead to all sorts of problems in a patients care. If a med student messed up taking a patient’s blood pressure for instance, what could be a heart attack may not be caught until it is too late. It would not be the doctor’s fault that their medical student made mistakes. Taking a patient’s blood pressure is after all a basic skill that a medical student should have mastered.
No matter who else may be involved in a patient’s well being, a doctor is always ultimately in charge. A medical malpractice New Jersey lawyer should be involved in order to make sure the patient gets what they deserve. Although there can be many reasons for which a doctor may be charged with medical malpractice, they at least have the added comfort of having malpractice insurance. This can cover a doctor for any mistakes they may have made in their often times overburdened work schedules. A medical malpractice New Jersey lawsuit suffices in most cases. There is however some circumstances which would cause people to file criminal charges against doctors. Sometimes overzealous doctors have been known to use untested techniques. This sort of case can cause not just medical malpractice New Jersey lawsuits but also criminal negligent lawsuits as well.
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Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about the services of malpractice lawyer, Medical Malpractice New Jersey, medical malpractice NYC and personal injury New York visit www.nbrlawfirm.com
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Tort Reform (part 3): Do Doctors Leave States With Unfriendly Medical Malpractice Environments?
Tort Reform (part 3): Do Doctors Leave States With Unfriendly Medical Malpractice Environments?
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Home Page > Health > Medicine > Tort Reform (part 3): Do Doctors Leave States With Unfriendly Medical Malpractice Environments?
Tort Reform (part 3): Do Doctors Leave States With Unfriendly Medical Malpractice Environments?
Posted: Jun 05, 2008 |Comments: 0
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In the article, “Why Doctors Are Heading for Texas,” Wall Street Journal writer Joseph Nixon builds a strong anecdotal case that “Over the past three years, some 7,000 MDs have flooded into Texas” because of “tort reform.” The argument is that in 2003 and 2005, Texas enacted a series of reforms of the state’s civil justice system to make it harder for people to file a number of different forms of liability cases, including medical malpractice, but also product liability cases. The result, says Nixon, is that doctors and businesses are flocking to Texas, leading to a dramatic increase in the number of doctors and a huge growth in the economy. We have already talked about the fallacy of economic growth figures in this context, but what about the flight of doctors?
High Risk Exodus: Fact or Fiction?
It is a common refrain of those seeking tort reform that doctors, especially those in high-risk specialties such as obstetrics/gynecology (OB/GYNs), flee from states with legal climates that favor plaintiffs to those states with more protective legal systems. The argument is that medical malpractice insurance rates and the threat of frivolous lawsuits cause doctors to seek an environment that is more protective. We have already shown that medical malpractice insurance rates are not necessarily related to the legal climate where the doctors practice, and that insurance companies generally exact a high profit from doctors. But do doctors really go from states where they fear lawsuits to states where they feel protected.
No, or, at least not necessarily, according to the evidence. It’s good to get away from anecdotal evidence and stick to the facts whenever possible, and a number of studies have been done on this question. First, consider the study by Harvard University’s Department of Health Policy & Management, which considered the behavior of doctors during a period when medical malpractice insurance premiums increased by as much as 65 % a quarter. The conclusion of their study was that although most specialties saw 10-20 % of their ranks leave the state every year, there was no difference in the number of departures between high-risk specialists and low-risk specialists. In addition, their findings indicated that the overall per capita supply of physicians actually grew by 5.8 % in the period studied.
In a second study, specifically focused on OB/GYNs, commonly cited as being at risk due to the prevalence of obstetrical malpractice cases, authors from several universities determined that there was no statistically significant correlation between medical malpractice insurance rates and the number of doctors. Instead, they found that the highest degree of correlation was between the number of OB/GYNs and the per-capita income. In fact, per-capita income is more than 20-times stronger a correlation for OB/GYN frequency than insurance rates. Of the tort reforms, the only one which seemed to have a significant correlation was a cap on noneconomic damages less than $250,000, which was correlated at less than half the level of per capita income.
Where Are the Doctors Coming From?
Although doctors do not as a whole seem to leave states where the medical malpractice climate is unfriendly, there is no denying that Texas has seen a recent boom in its applications for medical licenses. According to Texas Board of Medicine statistics, physician applications for licenses were relatively stable in 2001-2004, but shot up by over 30 % from 2005-2007. Where did all these doctors come from? The majority of them are probably residents, who are moving from states such as Pennsylvania (with a purportedly unfriendly medical malpractice climate) to Texas. This is correlated by the fact that the number of resident physicians applying for licenses in Pennsylvania has decreased from 50.5 percent of residents who train in the state in 1994 to just 7.8 % in 2004.
So, wow, it does seem like doctors really are fleeing states like Pennsylvania to go to Texas because of the medical malpractice environment.
Or maybe something else is going on. Looking at data provided by the Texas Medical Association, Texas actually ranks 45th in the population of doctors per capita, with only 186 doctors per 100,000. In other words, Texas has almost no doctors for its population. On the other hand, Pennsylvania has 255 doctors per 100,000 people. Although the medical malpractice environment may have provided an additional incentive for physician residents to set up their practice in otherwise undesirable and underserved rural communities in Texas, it does not seem to have affected the supply of doctors in Pennsylvania, which has actually grown by 33 % over the past three years.
Quality of Care?
Now, if I may be allowed to share a little anecdotal evidence of my own, let’s consider the case of Dr. Jayant Patel, who began his career as a resident in upstate New York, where he sometimes failed to examine patients before operating on them, which the Commissioner of Health considered a “serious failure” and evidence of “his moral unfitness to practice medicine.” Then the doctor moved to Portland, where his practice was increasingly restricted as a result of complaints and lawsuits against him. He was cited for “gross or repeated acts of negligence,” and eventually left the state to work in Australia, where he may have killed as many as 87 people as a result of his poor practices.
Anecdotally, it sure seems like this is the kind of doctor who would be happy to practice in a state where he would be protected from lawsuits.
Now, let’s consider some crucial facts. According to a 2003 report by the citizen’s group Public Citizen, only 4.7 percent of Pennsylvania doctors, all of whom had 3 or more payouts per year for medical malpractice, were responsible for 51.4 percent of all payments, and barely 10.6 percent of doctors were responsible for 84 percent of payments. In other words, the vast majority of medical malpractice payouts are made by a small number of doctors, who are most likely responsible for the majority of errors. It is likely that these are also the doctors who would be seeking a favorable legal environment for protection against medical malpractice claims.
Coincidentally, during the period when physician applications have skyrocketed, so have complaints and investigations against doctors. From 2001-2007, the number of complaints received against doctors increased by almost 50%. In addition, disciplinary actions by the medical board have tripled, and temporary suspensions of physicians by the board have doubled. The percent of these cases related to quality of care has also risen from 55 to 68. In other words, if tort reform is bringing doctors to the state of Texas, maybe they’re not the kind of doctors you want to have.
Legal Recourse
Currently, medical malpractice insurance hurts doctors fairly equally, so that even the best doctors are harmed by the behavior of a small number of poor ones, so if tort reform can lower medical malpractice rates, it can help doctors. But is it worth sacrificing quality of care? Or is there some way to restructure the medical system so that it is not so expensive to doctors, does not merely profit insurance companies, and yet addresses the concerns of patients injured by doctors’ mistakes? We will consider just such an option in Part 4.
On the other hand, if only a few doctors are responsible for the majority of medical errors, the entire profession can be improved and the health of the population can be protected if those doctors can be exposed and encouraged to leave the profession. Currently, the best option for patients to address the poor quality of care they have received is through the legal system.
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If you or a loved one has been hurt by the negligence or mistakes of a doctor, contact the experienced medical malpractice lawyers at Snyder & Wenner, P.C. today for a free initial consultation.
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Categories: Malpractice Lawsuits Tags: Doctors, Environments, leave, Malpractice, Medical, Part, reform, States, tort, Unfriendly
Bookmark and Share Malpractice – Medical Malpractice Overview
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Home Page > Law > Health and Safety > Bookmark and Share Malpractice – Medical Malpractice Overview
Bookmark and Share Malpractice – Medical Malpractice Overview
Posted: Nov 03, 2009 |Comments: 0
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In this article we’re going to do an overview of medical malpractice, what it is and what are the main causes of medical practice.
Medical malpractice, technically and legally defined as “a specific legal term related to lawsuits alleging various different circumstances leading to damage to a patient.” To put that into English, medical malpractice is anything where a patient receives poor care from a physician leading tothe patient developing problems because of this care.
These malpractice suits, stemming from this improper care, include misdiagnosis, mistreatment and any type of negligence. Not all errors are considered malpractice because there is always a certain amount of risk involved in medicine, especially when dealing with a patient who has serious medical problems to begin with. That is why malpractice suits have to be settled in a court of law because it is not so cut and dried.
The most common diseases that are usually involved in malpractice suits are breast cancer, lung cancer, colorectal cancer, heart attack and appendicitis. The main cause of these malpractice suits is usually misdiagnosis either because the diagnosis was delayed for some reason, such as the equipment required wasn’t available or a wrong diagnosis was made. Delays in diagnostic testing too often lead to a patient’s death. The severity of these delays explains why the monetary awards, when given, are so large.
In winning a malpractice suit there are several factors involved. The first is that the claim itself must be made before the statute of limitations expires. If a patient orthe patient’s family (assuming the patient has died) brings up the suit after too much time has passed then the case never even makes it to trial. So speed is probably the most important element in winning a malpractice suit. The actual statute of limitations varies depending on the type of lawsuit and where the lawsuit takes place. Each state and country has its own rules.
The next thing is that malpractice has to be proven. It must be proven that the error, if an error occurred, was not an error that could have been reasonably avoided. If something unforeseen happens that could not have been accounted for then the likelihood of proving malpractice is slim. For example, many surgeries and procedures have risks associated with them and therefore if something were to go wrong malpractice would be difficult to prove as long asthe patient received what is called “accepted standard of care.”
The problem with many malpractice suits is that in too many cases the patient delayed seeing a doctor about a symptom. Usually they disregard it as just life’s everyday aches and pains. Finally the pain gets bad enough thatthe patient goes to see a doctor and by that time it is either too late to successfully treat the problem or the treatment itself needs to be more severe than it would have been hadthe patient seen the doctor right away. This of course leads to a greater risk that the treatment will not be successful. When it’s not, the patient or patient’s family then sues for malpractice.
Maybe if both sides were a little more diligent medical malpractice suits wouldn’t be so common.
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How many law firms are there in the uk ?
How many law firms are there in the us ?
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What is My Medical Malpractice or Personal Injury Case Worth?
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Home Page > Law > What is My Medical Malpractice or Personal Injury Case Worth?
What is My Medical Malpractice or Personal Injury Case Worth?
Posted: Nov 13, 2007 |Comments: 0
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Determining the value of any personal injury, wrongful death or medical malpractice case is both an art and a science.
The science in determining the value of a claim is making sure that all of the necessary facts and figures are gathered and put together in a complete package that answers all of the needed questions. The art of the process is in being able to present this information in a manner that persuasively convinces the reader of the significance of the injuries and great value that they carry.
Because there is no mathematical formula that can be used to put a value on a case, it is very important that you have an experienced attorney utilize their knowledge, experience and visceral feel for determining the value of your case.
It should be stressed that no case should be settled until such time as the injured party has reached maximum medical improvement, that is, until that person has reached a point where his or her medical condition can no longer improve which means that their situation is stationary and permanent.
If the person’s medical condition is subject to change, has not stabilized and will continue to improve, then settlement discussions should not be started. The only exception to this situation is when there is not enough insurance coverage to compensate the individual for the damages suffered to date and there is no other hope of recovering any other funds.
For example, if a person is involved in a motor vehicle accident which is caused by the fault of another who has $20,000.00 of total insurance coverage available and the at fault party does not have any assets and no other means of paying any judgment, the injured party might settle with the at fault party while still treating, by taking the $20,000.00 worth of insurance coverage, prior to reaching maximum medical improvement even if the injured party’s case is worth more than $20,000.00
Once you have reached maximum medical improvement, an experienced attorney can begin to assess the value of your case.
The first major issue that must be evaluated is the strength of your case based upon liability. In other words, a determination must be made as to who is at fault. In many instances, the question of who is at fault is a relatively easy question to answer while in other cases this issue becomes much more complicated. In a typical case, an injured party must prove that their injuries were caused by the fault of another.
In a number of states, an injured party may pursue a claim even if he/she is partly responsible for the injuries sustained due to the doctrine of comparative negligence. In those instances, an injured party will have his/her award reduced by the amount of fault assessed against them. For example, if the injured party is found to be 20% responsible for his/her injuries and a jury found the case to have a value of $100,000.00, the injured party’s award would be reduced by his/her comparative fault (20%) which would result in an award to the injured party of $80,000.00 ($100,000.00 less at fault percentage $20,000.00 [20% of 100,000.00]).
Some states follow the doctrine of contributory negligence which holds if the injured party is in any way at fault then there is no recovery whatsoever and still other jurisdictions follow a modified comparative negligence standard.
In still other cases, fault is assessed on public policy reasons, which results in a finding of strict liability. In other words, certain states hold that a person or company is automatically liable for the injured party’s injuries. In certain states, the owner of a dog is strictly liable for the injuries suffered by a person who is bitten by their dog. In other instances, the manufacturers of certain products may be strictly liable for injuries caused by their use.
The second major issue that must be analyzed is that of damages. There are essentially two types of damages that are recoverable in a negligence action: economic damages; and non-economic damages.
Economic damages are damages that are intended to cover injuries for which an exact dollar amount can be calculated. Economic damages could include:
1. Medical expenses which have been incurred to date along with the future medical expenses which will likely be incurred as a result of the injury;
2. Lost wages or loss of income which have been incurred to date as well as the loss of the ability to earn the same or more income in the future that will likely result from the injury sustained;
3. The cost of past and future special services and/or medical devices to assist with activities which were previously performed by the injured party;
4. The cost of any type of vocational or other type of training which might be reasonable to retrain or assist the injured party who has a permanent disability; and
5. All reasonable out of pocket expenses.
Non-economic damages are intended to cover injuries for which an exact dollar amount cannot be calculated. Non-economic damages could include compensation for:
1. Pain and suffering to date as well as future pain and suffering;
2. Loss of life’s enjoyment of activities normally experienced by the injured party;
3. Emotional distress; and
4. Loss of companionship by a love one (generally a separate claim available to a spouse).
The determination of economic damages is generally a science. Medical expenses can be obtained from the health care providers (doctors, hospitals, therapists, etc.). Future medical expenses can be addressed by the injured party’s treating physician or other medical experts.
Past lost wages or loss of income can generally be calculated from tax returns or pay stubs. Future loss of income is usually determined by an economist and/or vocational rehabilitation expert. All out of pocket expenses can be calculated and documented by the injured party.
The determination of a person’s non-economic damages is generally an art. There is no formula, magic or other way to calculate the loss of function of a certain body part or the permanent injury to a person’s body or the value of the loss of one’s enjoyment of life.
An experienced layer will know through personal experience and jury verdict research what juries have awarded in similar cases which help them arrive at a range of values for a particular case.
To further complicate matters the value of an injured person’s case can also be influenced by any one or more of the following factors and/or considerations:
- The age of both the injured party and the at fault party;
- The likeable qualities of both the injured party and the at fault party which includes the impression each party might have on a jury;
- The experience and skill of each party’s lawyer and their ability to influence the jury to side with their particular client;
- The willingness of the injured party to go to trial;
- The willingness of the injured party’s lawyer to go to trial;
- The willingness of the at fault party’s lawyer to go to trial;
- The cost to defend the case;
- The cost of prosecuting the case;
- The experience, skill and history of the trial judge;
- How quickly it will take the case to come to trial;
- The available insurance limits and any risk that there may be a verdict in excess of the available coverage;
- The assets of the at fault party;
- The injured party’s life expectancy and unrelated conditions which might shorten the injured party’s life;
- The chance of the injured party being awarded punitive damages from the at fault party;
- How badly the injured party needs the money;
- The assessment of the injured party’s treating physicians;
- The assessment of the injured party’s expert witnesses;
- The assessment of the at fault party’s expert witnesses;
- The strength of the claims for future damages;
- The probability of success for future medical treatments for the injured party;
- Any claimed lien amounts on the file by any health care professionals, insurance companies or other parties;
- The nature and extent of any scarring or deformity;
- The sex of the injured party;
- The extent of any pre-existing conditions;
- Any statutory caps for damages; and
- The law of that particular jurisdiction.
The above factors are just some of the other considerations which make the evaluation of a case an art The ability to know what information to look for, how to evaluate it and how to present it makes the proper evaluation of a case a very difficult undertaking.
An experienced lawyer will be able to gather all of the needed information, properly weigh each piece of information, and will then be able to persuasively present it to the insurance adjuster, judge or jury to maximize the amount of money an injured party can receive.
The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.
It is very important that you contact a free lawyer referral service website like SelectCounsel.com, at the earliest possible moment, at , so that you can get one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.
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Medical Malpractice – Is The Nhs The Worst Offender?
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Home Page > Internet > Affiliate Programs > Medical Malpractice – Is The Nhs The Worst Offender?
Medical Malpractice – Is The Nhs The Worst Offender?
Posted: Jul 15, 2006 |Comments: 0
| Views: 1,313 |
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Doctors sued by patients, insurance companies sued by doctors and doctors sued by insurance companies; nowadays, this is the prevailing situation in the Health care industry. Greater responsibility or the lack of it, rather than negligence is implicated by the word “malpractice”. In the US a specific medical malpractice law is in force to bring justice to the patients. In UK, a doctor will be liable only when proved to have not acted in accordance with the medical body’s opinion. In a lengthy and complicated battle, patients who feel that they are treated wrongly or given misinformation about illness can approach the law for compensation.
Every year, thousands of people are facing death due to medical errors which can be prevented with little bit of effort. Instead of reforming the medical system to prevent these pointless injuries and deaths, the rights of injured persons to get full recovery from the law is being limited by the efforts of insurance companies and doctors.
Even clinics, hospitals or medical corporations can be sued for the mistakes committed by their employees under “vicarious liability”. We associate the expression “medical malpractice” with doctors in general but in can be caused by any medical service provider such as nurses, therapists and dentists.
The patient who suffers damages due to medical malpractice should prove that the doctor or any other medical service provider failed to do what a prudent health care provider in a similar field would have done under similar or same circumstances. Because of this breach, the patient suffered damage or loss and fairly reasonably the defendant should pay for the damages caused by malpractice.
Medical malpractice claims are filed nearly ten times less frequently in Great Britain than they are in America. Compared to American patients, the British patients normally adopt a less adversarial stance towards medical malpractice.
It is mostly patients taking treatment through NHS that normally complain about not getting correct medical treatment, environment and building where healthcare is provided, lack of or incorrect information, inordinate delay and staff behaviour. These types of complaints should be lodged within six months from the time of treatment.
To end on a lighter note, a cancer victim who was told that he is expected to live only 3 more months, gave up his well paying job and prepared himself to face the impending death. (Un)fortunately, he outlived all the predictions and sued the hospital claiming compensation for the loss of his well paid job. A medical association spokesman found this astonishing and commented that people these days sue for anything!!
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Categories: Malpractice Lawsuits Tags: Malpractice, Medical, offender, Worst
Birth Injuries, Birth Defects, & Michigan Medical Malpractice Claims
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Home Page > Law > Birth Injuries, Birth Defects, & Michigan Medical Malpractice Claims
Birth Injuries, Birth Defects, & Michigan Medical Malpractice Claims
Posted: Apr 25, 2010 |Comments: 0
| Views: 165 |
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Many types of injuries can occur during pregnancy, labor or after birth. Some of the most common types of birth injuries include cerebral palsy, erb’s palsy, and brachial palsy. Birth trauma is an injury to the child during the delivery. Caring for a child with a birth injury, caused by the negligence, costs an unfathomable amount over the lifetime of the child. Filing a medical malpractice claim through can result in much needed financial assistant for medical expenses and other costs.
Medical error can cause birth injuries or can increase their severity or permanence. Medical errors include: failing to anticipate birth complications, such as your baby’s twisted umbilical cord; failure to respond appropriately to bleeding; failure to respond to fetal distress; delay in ordering a cesarean section when medically necessary; misuse of forceps or a vacuum extractor during delivery; or poor after-care after.
Injuries can occur during the birth of a child. A child can suffer permanent brain injury, Cerebral Palsy, nerve injury or even death as well as other complications later in life like learning difficulties, emotional difficulties and mental retardation.
One of the common birth injuries is shoulder dystocia which can be caused during delivery by a physician’s improper use of forceps. Besides pain, the injury results a limited ability to move a hand or arm. Often a baby suffering from shoulder dystocia cannot lift their arm above the shoulder level. Other common birth injuries are Erb’s Palsy and Brachial Plexus injuries.
Lack of oxygen to the brain during delivery can cause an anoxic or mechanical injury. Anoxic injuries are those caused by a reduced oxygen supply during delivery. The same kind of brain damage can be produced by a physical trauma during birth. This type of physical trauma is known as a “mechanical injury,” such as a fractured skull.
Indicators that a fetus has an higher risk of birth injury include a difficult, prolonged labor, improper use of medication by the pregnant mother, a large fetus or a breech birth. An unreasonable delay in performing an emergency cesarean section can increase the risk of injury.
A pregnant woman with gestational diabetes faces a greater risk of complications at birth. About two to seven babies out of a thousand births will suffer birth injuries. Every precaution to ensure a healthy delivery should be pursued by seeing a competent pre-natal physician.
The statute of limitations for birth injury cases varies from state to state. In Michigan, you must file a lawsuit within two years after the minors 10th birthday. If you miss a deadline, your claim will be lost forever. To avoid these severe consequences it is important that you contact a Michigan birth injury lawyer so that you may make a medical malpractice claim.
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If you suspect that your child has been a victim of a birth injury you should contact our office immediately to discuss your case. Call us now at (800) 606-1717. You should also request our FREE Malpractice book, “The Ultimate Michigan Medical Malpractice Handbook,” which explains the legal process in Michigan and what must be proven to win your case. We will send out immediately to you.
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If you suspect that your child has been a victim of a birth injury you should contact our office immediately to discuss your case. Call us now at (800) 606-1717. You should also request our FREE Malpractice book, “The Ultimate Michigan Medical Malpractice Handbook,” which explains the legal process in Michigan and what must be proven to win your case. We will send out immediately to you.
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Home Page > Law > Health and Safety > Medical Malpractice Statistics
Medical Malpractice Statistics
Posted: Jul 11, 2008 |Comments: 0
| Views: 4,479 |
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Article showing some medical malpractice statistics in US, some very surprising statistics regarding the ever increasing problem of medical malpractice.
There is a good cause that they call lawyers ambulance chasers. The majority of them focus in what is known as medical malpractice suits. The rate at which these suits are increasing each year is stunning. To get a good understanding of just how staid this problem really is, below are some numbers.
All the malpractice trials in the United States last year, nearly 50% of them were against surgeons and other doctors representing only 75 of the largest counties in the United States. This is according to the Bureau of Justice Statistics, which is a very good source. It shows that the main problem of these suits is in the most thickly occupied areas of the country which is where the most income is generated.
Another 33% of the malpractice trials in the United States last year were against non surgical physicians in the 75 largest counties in the country. Adding these two numbers together you get 83% of all medical malpractice suits in the United States last year was against only 75 counties. There are plainly thousands of counties in the United States.
All the cases went to trial only 27% of them were won by the plaintiffs in these 75 counties. This is a large indication that most of these malpractice suits are not legit; otherwise there would be more of these cases won.
Close to 19,000 medical malpractice payment reports were made in the US last year according to the Annual Report, National Practitioner Data Bank, US DHHS. All the malpractice payment reports made world wide, over 80% of those payments were made by United States doctors with the whole rest of the world accounting for just 20% of all payments made for malpractice. This is an utterly overwhelming number.
It is estimated that about 25% of all the doctors in the United States get sued on an annual basis. It is also estimated that between 50 and 65% of all doctors in the United States are sued at least once in their career. Even interns are not immune from this problem as over 1500 malpractice suits were filed against interns last year alone.
To learn more about Medical malpractice Statistics, check out the Medical Malpractice Attorney website.
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Categories: Malpractice Lawsuits Tags: Malpractice, Medical, Statistics
Do You Feel You’ve Suffered From Your Doctor’s Neglect? Contact A Malpractice Attorney Now!
Do You Feel You’ve Suffered From Your Doctor’s Neglect? Contact A Malpractice Attorney Now!
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Home Page > Law > Do You Feel You’ve Suffered From Your Doctor’s Neglect? Contact A Malpractice Attorney Now!
Do You Feel You’ve Suffered From Your Doctor’s Neglect? Contact A Malpractice Attorney Now!
Posted: May 19, 2009 | Views: 149 |
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A Chicago medical malpractice attorney can turn out to be your best friend in the case that you become a victim of a careless doctor.
There are many people who file a malpractice suit every year for something they feel a doctor did that could have been avoided. As children we are all told that we have to go to the doctor to get treated when we are sick, but what happens when your doctor visit becomes a living nightmare?
That is when you call a malpractice attorney. Many doctors do not like to treat patients that have a past medical history for a particular problem because of the fear of a lawsuit. But the point of the matter is that if they were to treat people with pre-existing conditions they could prevent a great deal of lawsuits from being filed against them.
Malpractice can occur in many different ways, such as experimental surgery or a surgery that is not performed to the best of the hospital’s ability (ie: using cheaper, less effective methods to save the hospital money, and in turn, sacrificing a patient’s health). Basically, any situation in which a patient suffers due to the carelessness of a doctor is considered a form of medical malpractice. A Chicago malpractice lawyer can help you seek justice in any such cases.
Chicago medical malpractice attorneys want people to know that they have rights and they should not have to fall subject to any sort of harsh treatment justice shall be done for all. A lawyer will evaluate your case carefully and help assist you in the right legal action that needs to be taken to assure that your human rights are upheld.
If you have any doubts about treatment you have received recently from a doctor, it would be best for you to call or meet with a malpractice attorney as soon as possible to discuss the case. No one should have to suffer in silence, and the chances are that you are not the only patient who has suffered at the hands of your doctor.
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Getting Justice With A Chicago Medical Malpractice Lawyer
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Categories: Malpractice Lawsuits Tags: Attorney, Contact, Doctors, feel, from, Malpractice, Neglect, suffered, You'Ve
North Carolina Bill May Give Immunity over Medical Malpractice Claims
North Carolina Bill May Give Immunity over Medical Malpractice Claims
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Home Page > Law > North Carolina Bill May Give Immunity over Medical Malpractice Claims
North Carolina Bill May Give Immunity over Medical Malpractice Claims
Posted: Feb 24, 2011 |Comments: 0
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Two mothers in North Carolina are urging the state’s legislators to vote against a bill that would make doctors immune to medical malpractice claims that occur in the emergency room.
Heather Boone took her seven-month-old son, Ethan, to the ER after she noticed he was burning with a fever. She was told that he had a virus and was sent home after a brief examination by an ER physician. After he did not get any better, Boone took him to another ER, however. By that time, it was too late. Ethan was diagnosed with a meningococcal infection. After his first visit to the ER, Ethan was not given any antibiotics, so by the time Ethan’s mother took him to the second ER, his infection had advanced so quickly that he had to have both arms and legs amputated.
Last week, Heather Boone wrote a letter to the members of the North Carolina legislature telling them her story and urging them to re-consider the vote on the bill. Renee Hazelton took her son to an ER located in North Carolina. A physician told Hazelton that her son had a minor abrasion to his carotid artery and was sent home without treatment. Her son suffered a stroke several hours later.
Senate Bill 33 would give hospitals and ER doctors complete immunity when they commit malpractice like this, says the NC Advocates for Justice. Senators Tom Apodaca, Harry Brown and Bob Rucho are sponsoring this bill.
“Under this bill, hospitals can provide negligent care, which every other doctor in North Carolina agrees is malpractice, but still have complete immunity,” said Dick Taylor, CEO of the NC Advocates for Justice. “They take no responsibility at all for their actions. How is that fair?”
According to Taylor, thousands of patients die every year from medical malpractice. SB 33 not only does nothing to encourage doctors to practice safer medicine, but may actually harm patients by putting them in danger which is why the NC Advocates for Justice and other citizens like Boone and Hazelton oppose it.
Susan Pierce, a nursing professor at the UNC School of Nursing, commented: “I cannot understand why legislators would seek to nullify the duty of doctors and nurses to meet professionally established standards of care. That undermines medical and nursing ethics, and puts patients in danger.”
According to a recent article in the New England Journal of Medicine, researchers found that 4,000 patients die and 5,700 patients are permanently injured in North Carolina hospitals every year because of preventable medical mistakes.
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For more information about filling a potential medical malpractice lawsuit, visit http://medical-malpractice.legalview.info/ and to learn more about TBI treatment, visit http://brain-injury.legalview.info/.
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Mecklenburg County Medical Malpractice Suit – $1.5 Million Settlement
Mecklenburg County Medical Malpractice Suit – $1.5 Million Settlement
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Home Page > Law > National, State, Local > Mecklenburg County Medical Malpractice Suit – $1.5 Million Settlement
Mecklenburg County Medical Malpractice Suit – $1.5 Million Settlement
Posted: Jun 10, 2010 |Comments: 0
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Charlotte, North Carolina resident recovered a $1.5 million settlement claiming his dermatologist should have told him that his negative biopsy results did not rule out melanoma.
According to “North Carolina Lawyers Weekly” (June 03, 2002 issue), in the case of Terrence C. Forrest v. Gary D. Waldman and Gary D. Waldman, M.D., P.A. (00-CvS-19190; Mecklenburg County), the 46 year old plaintiff claimed that he was told “everything was fine” by his physician’s office in regards to the results of a 1997 biopsy of a mole on his forearm. He filed a malpractice lawsuit against the dermatologist. after discovering metastatic melanoma in his armpit eighteen months later.
Mr. Forrest’s defense attorney, Joe Dozier, a respected, successful criminal lawyer in Charlotte, North Carolina stated, “We argued that because the defendant didn’t know that, melanoma should have been part of his differential diagnosis, because if you’re wrong, the patient dies. This is a deadly disease but if you catch it early there’s a 50 percent chance of survival. After that, your chances drop dramatically… The defendant should have told my client to monitor it and look for any signs that it had spread. Instead, the nurse told him not to worry about anything and the doctor sent a letter to another one of the plaintiff’s physicians basically saying that everything was okay. So 18 months went by without the plaintiff having any warning to be on the lookout or having any tests to see if cancer was there.”
Dozier stated further that “the defendant might have had a credibility problem if the case went to trial.” Evidently, the doctor’s office had sent three separate biopsy reports each claiming to be the original.
Although the $1.5 million settled upon was less than policy limits, Dozier stated, “The reason we settled was so the plaintiff could get some money and enjoy it during the few years he has left. That’s the tough decision you face in these cases — whether to fight for the last dollar or get some money for the client while he’s still alive.”
Click the link to read the full article: Vague Biopsy Slides Key In $1.5 Million Settlement
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Categories: Malpractice Lawsuits Tags: $1.5, county, Malpractice, Mecklenburg, Medical, million, Settlement, suit