Mesothelioma Legal Advice

There has been a great outcry in the medical community about the high cost to society of medical malpractice litigation. Medical malpractice litigation drives up insurance premiums for doctors according to claims made by those in the healthcare business.

However, medical malpractice litigation actually has a positive impact on healthcare in the United States:

Medical malpractice claims can signal to hospitals, medical facilities and healthcare providers that procedures need to be reviewed or strengthened.
Claims do have a deterrent effect – they will deter specific doctors from making mistake after mistake plus it will deter other medical providers from doing the same. In other words, the future outlook of liability can bring into existence an atmosphere in which doctors adds to the level of care they give to avoid mistakes. Although some will justify how this leads to the practice of defensive medicine, it is a fact that doctors should consistently act in a way as to prevent mistakes – not just to avoid liability for one.

An important part of our country’s system checks and balances is the right to sue a negligent party for damages a victim suffered, the law is in place to protect people from being wrongfully harmed.

Attorneys Experienced in Medical Malpractice Litigation

Individuals who are interested in pursuing legal action against a medical professional should understand the importance of finding a knowledgeable medical malpractice attorney. Medical malpractice litigation is extremely complex, and often costly. Consequently, it is important that the firm have the resources both legal and financial to properly litigate the case.

Our law firm have attorneys that have years of experience representing clients who were involved in medical malpractice litigation. We have handled a wide array of cases – from cancer misdiagnoses to birth injuries like cerebral palsy – and we have seen firsthand the physical, emotional and financial damages caused by medical negligence. We have provided many years of service to clients who were injured, tens of millions of dollars in compensation has been secured for clients for damages including lost wages, medical costs, mental pain and more.

Contact Our Law Firm Today

If you would like to talk to an attorney about a medical malpractice claim, contact our law firm today. Free evaluations are provided by our attorneys in which we will then give you the information regarding your legal options.

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.

Medical malpractice lawsuits provide victims the options to seek compensation for injuries suffered due to the medical negligence. Depending on the extent of a person’s injuries and the types of damages suffered, victims of medical malpractice may be able to obtain compensation for:

• Lost wages
• Disability
• Past and future medical costs related to the negligence
• Pain and suffering
• Mental anguish
• More

Contrary to popular belief about frivolous medical malpractice lawsuits flooding the American legal system, only a small percentage of victims (less than 15 percent) ever file a claim. There are so far, hundreds of thousands of medical malpractice instances every year in the United States. If you are a victim of negligence, exercise your legal rights and talk to an attorney. You may have the right to compensation.

Time Limits for Filing Medical Malpractice Lawsuits

In the U.S., all medical malpractice lawsuits are required to be filled within the time guidelines after the negligence took place. The law that determines the amount of time an individual has to file a claim is known as a statute of limitations, and statutes vary from state-to-state. Overall, many statutes have a two to three year window when an individual can file.

However, as soon as you believe medical negligence took place, talk to an attorney because there are some exceptions. A professional attorney will provide you with the necessary information regarding medical malpractice lawsuits in your state.

Types of Medical Malpractice Lawsuits

Medical malpractice lawsuits encompass a wide variety of legal claims, including those arising as a result of:

• Mistakes made by doctors – surgical errors, diagnostic errors, misinterpreting lab results, prescription errors, delivery room errors, etc.
• Mistakes made by nurses – medication errors, IV mistakes, failing to follow doctor’s orders, failing to contact a physician when necessary, performing procedures for which they are not qualified
• Mistakes made by technicians/medical staff – lab or pharmacy mix-ups, for example

These represent some of the more common bases for medical malpractice lawsuits. Every case is unique, and the best way to determine if you have a lawsuit is to have your claim evaluated by a medical malpractice attorney.

Contact Our Law Firm Today

At our law firm, we have successfully handled medical malpractice lawsuits for clients across the country. We work with some of the leading legal and medical experts in the field and strive to obtain fair settlements and awards for those whose lives have been forever altered by medical malpractice negligence.

Talk to one of our experienced medical malpractice lawyers for a free evaluation of your claim. We’ll answer your questions about medical malpractice lawsuits and explain your legal options.