Tag: statute of limitations

Understanding Medical Malpractice

A medical malpractice lawyer represents victims of medical negligence. In 1999, the Institute of Medicine, in a report, called the incidence of medical malpractice in the United States epidemic. Nearly a decade later, this still holds true. Each year, hundreds o fthousands of Americans are injured due to medical malpractice and as many as 98,000 people die.

How a Medical Malpractice Lawyer Can Help

If you have been injured or lost a loved one because of the negligence of a healthcare professional, a medical malpractice lawyer can:

  • Evaluate your claim – Medical attorneys offer free claim evaluations.
  • Answer legal questions regarding your possible claim and inform you of your options – We will be glad to do both of these during your free claim evaluation.
  • Plan a course of action – If you have a viable medical malpractice claim, we will devise a plan of action. This usually begins by filing a lawsuit on your behalf.
  • Attempt to negotiate a settlement – In many situations, a case will be settle rather than that go to court. Medical malpractice lawyers are experienced and skilled negotiators and can work to make sure your interests are maximized.
  • Represent your case in court – If the case goes to trial, your lawyer will work to obtain a jury award in your favor.

For a free of charge evaluation of your case, contact a medical malpractice lawyer.

When to Talk to a Medical Malpractice Lawyer

You may not be immediately aware of your injury or you may not even realize that the doctor (nurse or other medical professional) has acted negligently. As soon as possible after any medical error including medication, surgical, laboratory or diagnostic errors, you should contact an attorney. Also, if you have a child diagnosed with cerebral palsy or other birth injury resulting from a traumatic labor and delivery, you may want to contact a medical malpractice lawyer to have the case evaluated.

Medical malpractice takes many forms and it never hurts to talk to a lawyer if you think your injury or that of your loved one has been caused by someone else’s negligence.

Time is of the Essence

Medical malpractice cases are subject to a statute of limitations, which essentially means injured individuals only have a certain amount of time to file a claim. There are some exceptions to the time limits and they vary from state to state. It is best to act as soon as malpractice is even suspected. If you don’t, you may end up forfeiting your right any compensation for damages such as lost wages, disability, medical expenses and pain and suffering.

Contact a Medical Malpractice Lawyer Today

To discuss your case with a medical malpractice lawyer, an experienced medical malpractice law firm today.

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Medical Malpractice - Statute of Limitations

Many people believe medical malpractice cases are common but this is not the case. They are extremely complicated cases that arise out of instances of medical negligence, and less than 15 percent of the hundreds of thousands of malpractice victims in the U.S. each year ever file a lawsuit. This shows that many Americans are forfeiting their legal right to compensation for damages they have suffered.

Victims’ Rights

At our law firm, we have seen the individual devastation caused by medical malpractice and we passionately pursue the rights of victims. We know that medical malpractice negligence often results in more than just physical injury. Victims usually experience damages both emotional and financial. Our goal is to help our clients recover compensation for these damages.

Since 1994, our attorneys have been handling medical malpractice cases across the U.S. At that time, we have gathered tens of millions in compensation for our clients who have been injured due to medical negligence and we can help you too.

Do You Have a Medical Malpractice Case?

There are many different types of medical malpractice cases, but some of the more commonly seen involve:

  • Obstetrical errors – Obstetrics is a high risk area of medicine, and many medical malpractice cases involve errors made during labor and delivery. For instance, failing to diagnose infections in the mother or baby, not responding to the changes in the fetal heart rate and not performing a C-section promptly are some errors. Such failures can result in lifelong conditions like cerebral palsy.
  • Drug/medication mistakes – Errors involving medication are increasingly common and young children and the elderly are particularly vulnerable to mistakes. Errors include over and under dosing, the wrong medication is administered or failing to give it at all.
  • Surgical errors – It seems shocking that a surgical team could forget to remove operating instruments or materials from a patient’s body, but this is, in fact, not uncommon. These sorts of errors can cause patients to experience infections, even death. Additional types of surgical mistakes can include the removal of the wrong body part or a healthy organ.
  • Laboratory mistakes – An error made in the laboratory may involve the misreading of a biopsy, misreading of an imaging scan, or a labeling mix up in which patient samples are confused. Any of these can result in a misdiagnosis, and a misdiagnosis can be deadly.

If you have any questions about a medical malpractice case, you should consult an attorney.

Statute of Limitations

The important thing to remember about medical malpractice cases is that they are subject to legal deadlines known as statutes of limitations. The statutes (laws) governing medical malpractice cases vary by state, but most deadlines range between two and three years from the time the negligence occurred.

Still, there are exceptions to the rules. An attorney will advise you regarding the laws for medical malpractice cases in your state.

Attorneys Handling Medical Malpractice Cases

Find out if you have a medical malpractice case by contacting the lawyers at our law office today. We will evaluate your claim at no cost to you.

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Medical Lawsuits

Medical Attorney Explains Medical Malpractice

When representing a client in a medical lawsuit, extensive knowledge in legal and medical topics is important as well as access to significant financial resources. Medical lawsuits are a way to making sure victims of malpractice are compensated fairly for their losses. Medical malpractice victims have received millions of dollars in settlements through medical lawsuits.

Has Medical Malpractice Been the Cause of Your Injury?

The first step in filing a medical lawsuit is to sort out whether you injuries are the result of malpractice or negligence by a nurse, physician or other medical professional. You should contact an attorney for a case evaluation if you suffered injury or lost a loved one after:

  • Being administered the wrong medication or the wrong dose of medication
  • Undergoing surgery on the wrong body part
  • A missed diagnosis or a wrong diagnosis
  • A traumatic labor and delivery
  • Unnecessary or delayed medical treatment
  • Any procedure for which you (or your loved one) did not provide consent
  • Learning that your lab tests, x-rays or imaging scans were misinterpreted

Medical malpractice takes many forms, and sometimes a patient may not be aware that of the malpractice immediately. As soon as you suspect that medical malpractice may be involved, you should contact an attorney.

Obtaining Compensation

Each case is unique, and the particular circumstances will determine the types of compensation for which an individual is eligible. Generally speaking, the following are common recoveries obtained through medical lawsuits:

  • Medical and rehabilitation costs
  • Permanent disability and/or disfigurement
  • Emotional anguish
  • Pain and suffering
  • Lost wages and/or earning capacity

In medical lawsuits involving death, recoverable damages may include funeral costs, loss of support, and similar damages related to the death of a loved one.

Deadline for Filing a Medical Lawsuit

Medical lawsuits must be filed within a specific time limit determined by the law. This is known as the statute of limitations, and it is a strict legal deadline. The courts will not hear lawsuits when they have been filed after the time period that was allotted for doing so. But cases vary, so it’s always best to discuss your circumstances with an attorney to ensure your legal rights aren’t forfeited.

Medical Malpractice Attorneys

Every year in the United States alone, as many as 98,000 people die from preventable medical mistakes and hundreds of thousands more are injured. Costing this country billions of dollars annually, preventable medical errors are also an overwhelming financial burden for the individual.

Attorneys are dedicated advocates whose main goal is to ensure that individuals and families are able to recover after avoidable mistakes. Part of this recovery involves making sure that responsible parties are held accountable for the damages they’ve caused.

Contact a medical malpractice attorney, today, for a free claim evaluation and find out if you are eligible to file a medical lawsuit.

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Medical Malpractice Attorney - Statute of LImitations

Medical malpractice in the United States is the cause of hundreds of thousands of injuries and as many as 100,000 deaths each year. Very few victims ever take legal action even though popular belief is otherwise and the statistics are so alarming. Only 10 to 15 percent of medical malpractice victims or their families will seek out a medical attorney for legal support.

It is important for those who have suffered injury due to the negligence of a healthcare professional to speak with a medical attorney. A medical attorney can tell you whether you have a viable case against the party(s) that caused you or your loved one harm and determine the amount of compensation you may be able to seek.

The Right to Be Compensated

Various state and federal laws provide medical malpractice victims and/or their families with the legal right to seek compensation for damages suffered due to another’s negligence or wrongdoing. The law does require victims to file a claim within a certain amount of time (called a statute of limitations), but those who file a case in a timely manner may be able to recover damages such as:

  • Compensation for monetary losses – for expenses related to medical treatment and rehabilitation as well as wage losses and other expenses caused by the injury
  • Compensation for non-monetary losses – for instance, pain and suffering, mental anguish, loss of a loved one, loss of consortium, etc.

Punitive damages may be awarded by the jury in some cases. This type of compensation is designed to punish the defendant and deter acts of negligence in the future. It is important to understand that not all cases of medical malpractice go to trial. Before taking a case to trial, an attorney will most likely attempt to negotiate a settlement.

When to Contact a Medical Attorney

As soon as you suspect that malpractice has occurred, you should contact a medical attorney.  The following are some of the more common instances of malpractice for which individuals often seek the advice of a medical attorney:

  • Surgery errors
  • Medication mistakes
  • Birth/delivery errors
  • Lab errors
  • Misdiagnosis/failure to diagnose
  • Delayed treatment
  • Infection caused by inadequate sterilization

Please note, however, that each case is unique and this list does not provide all possible examples of medical malpractice. If you are wondering whether medical negligence played a part in your injury or the death of your loved one, it is important to contact a medical attorney.

When to Have Your Case Evaluated

You can have your case evaluated for free and learn more about the process by contacting a medical attorney. If you have been injured due to medical negligence, whether it be nursing error, physician’s error or the negligence of another professional in the healthcare field, it will be in your best interest to learn about your legal rights. Financial compensation may be your legal right and an attorney can help you receive the money you deserve.

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What is a Medical Lawsuit

Medical Malpractice Explained by Lawyer

A medical lawsuit is a legal option for victims of medical malpractice. In a successful medical lawsuit, those who have been injured by the negligence of a doctor, nurse or other medical professional can obtain money for damages such as:

  • Medical bills related to the injury
  • Lost wages
  • Disability
  • Pain and suffering
  • Monetary losses related to the injury

The family of the victim may be able to file a lawsuit for damages in cases involving death. Damages may be recovered for loss of support or companionship as well as other things.

Wondering if You Have a Medical Lawsuit?

Contact a medical malpractice attorney as the first step in determining whether you have a medical lawsuit. This is important because a lawsuit must be filed within a specific time of the malpractice having occurred or being discovered. A statute of limitations is a time limit within which a lawsuit must be filed. So if you think you have a medical lawsuit, you should contact a medical malpractice lawyer as soon as possible for a case evaluation.

You may have a medical lawsuit if you (or your loved one) has experienced any of the following:

  • Medication overdose or other medication-related injury due to a mistake made by a doctor, nurse or medical staff
  • An emergency C-section or traumatic labor and delivery, and your child was diagnosed with a birth injury such as Erb’s palsy or cerebral palsy
  • A diagnostic error – For instance, did your doctor fail to diagnose a condition? Were you misdiagnosed and then treated for a condition you do not have?
  • A surgical mistake – Was an instrument (including gauzes or sponges) left in your body after a surgical procedure? Did the operation occur on the wrong body part?

A medical lawsuit may also stem from a doctor’s failure to obtain informed consent, from lab mistakes, and various other medical errors. In fact, medical errors are alarmingly common in the United States. Tens of thousands of Americans die each year due to preventable medical errors and hundreds of thousands more are injured. To insure that future errors do not occur, it is important to hold the medical professionals legally accountable for acts of negligence.

To learn more about the process of filing a medical lawsuit, contact an attorney. An attorney will be happy to evaluate your claim free of charge and inform you of your eligibility to file a medical lawsuit.

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