Mesothelioma Legal Advice

When the lower part of a women’s uterus or the cervix is affected by cancer it is known as cervical cancer and it is diagnosed in over 11,000 women in the United States each year. Successful treatment is possible when cervical cancer is diagnosed early. The misdiagnosis of cervical cancer can cause a delay in treatment which then main result in a reduced survival rate and possibly death.

Attorneys represent the victims of cervical cancer misdiagnosis. Contact a law firm if you would like to speak with a medical malpractice attorney for a free claim evaluation.

How Cervical Cancer Is Diagnosed

Women who are sexually active should receive regular Pap smears. Though not a diagnostic test, a pap smear may be used to identify cells that are not normal. If abnormal cells are present, the physician should order further testing to make a positive diagnosis. Diagnostic tests may include:

• Colposcopy – the doctor uses an instrument called a colposcope to look at the cervix and see more clearly areas of abnormal cell growth
• Biopsy – a sample of abnormal tissue is taken from the cervix for testing
• Endocervical scraping – a specialized instrument is used to scrape tissue lining the endocervical canal, an area the doctor cannot reach with the colposcope
• Cone biopsy – a cone-shaped piece of tissue is removed from the cervix

Failure to administer diagnostic tests or to interpret the results properly can postpone effective treatment options and have devastating consequences for the patient.

How Misdiagnosis of Cervical Cancer Occurs

A misdiagnosis of cervical cancer may occur because:

• The doctor fails to recognize symptoms of cervical cancer, thereby failing to perform the tests necessary for diagnosis
• The doctor fails to obtain a full patient history, which is important for identifying risk factors such as Human Papilloma Virus (HPV)
• Lab results are misinterpreted
• A laboratory error causes the patient’s results to be confused with another patient’s

Misdiagnosis can take several forms, including delayed diagnosis, missed diagnosis, and wrong diagnosis. These misdiagnoses each carry particular consequences. A patient diagnosed with cervical cancer but who does not have cancer will suffer unnecessary and painful treatments. An individual whose cancer was not diagnosed at all may not receive the necessary treatments for survival.

Have You Been Misdiagnosed

Victims of a cervical cancer misdiagnosis can take legal action to hold the negligent party(s) accountable. Depending on the facts of the case, a person may be able to obtain compensation for losses related to medical care, pain and suffering both physical and emotional.

To learn more about your legal rights if you have been misdiagnosed, contact a medical attorney today. They will happily evaluate your case, answer questions related to legal issues and inform you of your legal rights.

There are laws both state and federal that protect the rights of those who have been wrongfully harmed because of negligence of medical professionals. It is the right of an individual who was wrongfully injured to sue the party(s) responsible for compensation of damages. In other words, those who have been harmed by the negligence of a doctor, nurse or other healthcare professional have the right to file a medical malpractice suit. By filing a medical malpractice suit, the injured person may be able to recover damages such as:

Medical expenses, including future treatment costs
Past and future wages lost
Pain and suffering
Other losses suffered because of the negligence

Time Restrictions for Medical Malpractice Suits

The most important thing someone who has been harmed by medical negligence can do to protect their rights is to speak to an attorney as soon as possible. A person needs to file a medical malpractice suit within the time limits after the negligence occurred, or was found out. Otherwise known as the statue of limitations, every state’s statues are different. Individuals who fail to file a medical malpractice suit within the time provided by the statute of limitations forfeit their legal right to compensation.

Medical Malpractice Suit – Do You Have One?

To find out if you have a medical malpractice suit, you will need to have your claim evaluated by an experienced attorney. You should consider consulting a medical malpractice attorney if you suffered harm due to:

A doctor’s error – the error may involve anesthesia, surgery, medication, diagnosis, treatment, labor and delivery, etc.
A nurse’s error – this could include but not limited to medication distribution, insertion of IVs, not calling the doctor when necessary and not carrying out procedures and they are not trained
Lab or pharmacy mistake

There are many different types of medical malpractice, and it’s in your best interest to talk to an attorney if you think negligence has occurred and caused you to suffer injury.

Not All Malpractice Suits Go To Trial

Many medical malpractice suits are settled before they ever go to court. A trial can be drawn out and costly and many defendants rather settle out of court rather than going to trial. It takes a skilled medical malpractice attorney to negotiate a fair settlement, so if you’re considering filing a medical malpractice suit, make sure to choose your attorney based on experience in this area of law.

Questions about a Medical Malpractice Suit

If you have questions or would like to learn more about filing a medical malpractice suit, contact our law firm today. We offer free evaluations of claims and we will explain to you your legal rights.

When someone suffers harm due to a medical professional’s negligence, they have the right to pursue legal action against the responsible party(s). However, the amount of time a person has to file a lawsuit is limited by what is known as a medical malpractice statute of limitations.

In other words, a statute of limitations is a type of legal deadline, and individuals who fail to file a lawsuit within this deadline may have to forfeit their right to take legal action.

Statutes of Limitations Vary

Medical malpractice statutes of limitations vary according to state but range between one and five years from the time the malpractice occurred. There are, however, certain exceptions. For example, medical malpractice is not always evident immediately. In cases such as this, the statute of limitations may begin at the time that the malpractice was or should have been discovered. In other instances, the law may allow a delay in the statute of limitations when the victim of medical malpractice is a minor so it doesn’t start until the age of majority is reached.

Even if you think the medical malpractice statute of limitations has run out in your case, you should consult an attorney who can tell you whether any exceptions apply given your circumstances.

When Medical Malpractice Results in Death

Families who have lost a loved one to medical malpractice may be entitled to file a lawsuit to seek justice on behalf of their loved one. However, when medical malpractice results in death, the case may be subject to a different statute of limitations. Many states recognize what is called “wrongful death,” and the laws pertaining to wrongful death cases may override the state’s medical malpractice statute of limitations.

Again, if you have any questions as to the wrongful death or medical malpractice statute of limitations that may apply to your case, it’s in your best interest to talk to an attorney as soon as possible.

Do You Have a Medical Malpractice Case?

Medical malpractice is an unfortunate cause of serious injury and death in the United States. Every year, there are between 80,000 and 100,000 preventable deaths due to medical mistakes in this country. Individuals and families of those who have suffered harm due to a medical error be be entitled to be compensated for their damages.

Negligence can come in many forms, and acts of negligence are often committed by doctors, nurses, pharmacists and other healthcare professionals who are well-intentioned. Whenever any of the following occurs, it’s always best to seek the advice of a lawyer:

· Medication/prescription error

· Surgery/anesthesia mistake

· Misdiagnosis/failure to diagnose

· Obstetric error

· Delayed diagnoses/treatment

· Infection due to unsterile conditions

The sooner you contact a lawyer, the better. Once the medical malpractice statute of limitations has passed in your case, you are no longer eligible to file a lawsuit and recover damages.

Contact Burke & Eisner Today

To find out what the medical malpractice statute of limitations is in your state, contact the attorneys at Burke & Eisner today. One of our skilled attorneys will evaluate your claim and give you the information you need with regard to your rights and any applicable legal deadlines.

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Medical malpractice lawsuits are either tried in court or settled out of court. Reaching a medical malpractice settlement is typically beneficial to both parties because it avoids a lengthy and costly trial. Although a medical malpractice settlement is often preferable, it is not always easy to come by – This is why it’s crucial that you choose an experienced medical malpractice attorney who has a history of successful settlement negotiations.

Burke & Eisner: Medical Malpractice Lawyers

We have successfully negotiated millions of dollars in medical malpractice settlements for our clients in the 15 years since our firm was founded. However, we are experienced litigators as well as negotiators, and when cases have gone to trial, we have worked hard to secure favorable jury verdicts for our clients.

Whether a medical malpractice settlement is reached out of court or a case is tried in court, we strive to ensure our clients are compensated for their:

• Past and future lost wages
• Past and future treatment expenses
• Pain and suffering
• Other damages

Are You Eligible for Compensation?

The best way to determine whether you’re entitled to compensation is to have a medical malpractice attorney evaluate your case. You should have an attorney evaluate your claim as soon as possible after an injury is sustained due to a:

• Surgical error – an instrument or gauze was left in the body, the wrong body part was removed or operated on, etc.
• Laboratory error – an x-ray was misread, biopsy results were misinterpreted, blood samples were mixed up
• Medication mistake – overdose, under-dose, wrong medication was administered
• IV error
• Mistake made during labor and delivery
• Diagnostic or treatment error – cancer was not diagnosed or misdiagnosed, for example
• Other mistake made by a healthcare worker

Individuals with medical malpractice claims only have a certain amount of time to file a lawsuit. Therefore, the sooner you contact a lawyer after you suspect negligence occurred, the better.

If you have a case, the attorney may be able to negotiate a medical malpractice settlement on your behalf. However, it’s possible that your case may end up going to trial if a medical malpractice settlement cannot be reached.

Ask Us about a Medical Malpractice Settlement

Our attorneys are available to answer your questions and discuss your possible medical malpractice claim as well as the best way to secure a medical malpractice settlement. We offer claim evaluations at no charge, so contact us today.

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A medical malpractice lawsuit generally arises out of situations in which a healthcare professional such as a doctor or nurse acts negligently and the negligence results in patient harm. Such negligence is not uncommon in the United States and, in fact, results in hundreds of thousands of injury each year.

The law protects victims of medical malpractice, allowing them to file a lawsuit to hold negligent parties responsible and to obtain money for damages. However, victims of medical malpractice have only a limited time in which to file a lawsuit. For this reason, it’s always best to consult with an attorney as soon as you suspect negligence.

Medical Malpractice Compensation

You may be entitled to compensation if you have suffered injury due to the negligence of a doctor or nurse, and the way to obtain this compensation is through a medical malpractice lawsuit. By filing a lawsuit, you may be able to recover money for damages such as:

· Past and future medical expenses related to the injury

· Lost wages and loss of earning capacity

· Pain and suffering

· Loss of companionship (in cases involving the death of a loved one)

· More

Do You Have a Medical Malpractice Lawsuit?

Only an experienced lawyer can properly evaluate your circumstances and determine if you have a medical malpractice lawsuit. You may wish to contact a lawyer for a case evaluation if you or your loved one suffered injury due to a medical error:

· involving medication

· while having surgery

· during labor and delivery

· involving a missed or wrong diagnosis

Injuries stemming from medical malpractice often include serious infections, drug overdose, disability, disfigurement and even death. However, it’s important to note that there are several different kinds of medical malpractice. You may still have a medical malpractice lawsuit, even if you don’t see your particular situation listed here. Contact an attorney to find out if you have a case.

Learn More about Filing a Medical Malpractice Lawsuit

Medical malpractice lawsuits require extensive knowledge and financial resources on the part of the firm handling the case, as they are extremely complex to litigate. At Burke & Eisner, we focus much of our practice on medical malpractice cases and we have a long track record of successful case outcomes for our clients.

If you think you have a medical malpractice lawsuit, let us evaluate your case free of charge. We’ll be happy to answer any legal questions you may have and inform you of your legal rights for a possible claim.