Medical Malpractice Attorney
The medical malpractice attorney finished the latest in a series of television commercials that would run on several of the cable superstations and headed to the attorney's car. It was a very hot day in August, and the car was steaming inside until the air conditioner finally won the battle with the interior heat. The series of televisions commercials that had been airing on cable for several years showed the barrister, with kind of folksy manner, telling people that if anyone had been injured by a certain drug taken during heart surgery and perhaps permanently injured or even killed by the drug, a call to the attorney's law office could bring about a recompense from the hospital and doctor's insurance companies. The medical negligence lawyer had a number of law practitioners scattered around the country ready to go and meet with those who called in to the eight hundred number looking for information and hopefully a monetary payback for medical negligence. It was only a few minutes when the attorney's car phone sounded an urgent cry.
One of the many law practitioners the medical negligence attorney had on staff from almost three thousand miles away called to inform the lower level celebrity of daytime cable television that the firm had just won a forty two million dollar lawsuit for a client that had suffered a major stroke from using a drug deemed to be harmful for patients with a particular blood type. Of course, the medical malpractice attorney was ecstatic with the judgment and congratulated the barrister on a job well done. The television medical negligence lawyer began thinking back to what he knew about the case that had just been won, and remembered that the outcome was always in question up to the moment it was announced. The seventy one year old client had been given the drug for treatment of another ailment and had been on the protocol for almost eight months. Suddenly, without warning, the man whose blood pressure was normal and cholesterol was in the good range has a massive stroke and the long range prognosis for even a partial recovery was in doubt.
The medical negligence lawyer remembered that the wife of the client had wept when talking with the staff attorney almost two years earlier. The massive medical bills were an avalanche and the man was no longer able to work as a greeter at the world's largest retailer. The client's small income from the giant retailer gave the elderly duo the ability to keep their heads above the waters of financial ruin. The specter of perhaps losing their home and being at the mercy of government assistance was almost more than the proud woman could bear. The faraway staff barrister had choked up when relating the story to the firm's owner.
When the medical negligence lawyer from the faraway state sat down with the woman to talk about a possible lawsuit against the company who manufactured the medicine and the doctor who prescribed the medicine, the barrister began by explaining how wrongful death suits unfold. They often take several years or more to litigate, and the insurance companies often try every way possible to delay paying liability claims. There are some important pieces in the suit that must be present. He explained that he would deal directly with the insurance companies involved. The barrister explained that he would talk to the representatives of the company who had manufactured the medicine, including their attorneys and the insurance companies for the manufacturer and for the physician in question. In a high stakes suit such as the one involving the older couple, the law firm would spare no expense in using every form of assistance they could, including the use of high profile expert witnesses with doctorates and superb credibility. "Into thine hand I commit my spirit; thou hast redeemed me, O Lord God of truth." (Psalm 31:5)
The western state medical malpractice attorney gently explained to the older woman that through the long experience that the eastern law firm possessed in litigating such important lawsuits, he would use its expertise to decide how much of a claim should be made against the person or persons whose actions caused the tragedy to happen. Factors going in to deciding the size of a claim include payment of all medical bills presently and through the life of the victim as well and pain and suffering compensation. The medical negligence lawyer reminded the woman to have a no communication policy with any insurance company or attorney representing the drug company or the physician unless he was present during the conversation. The barrister also advised the woman that there were no guarantees in terms of outcome of this case or any case so that no false expectations were assumed. The law practitioner also explained that there would be no expense to the family for the attorney's services unless a judgment was won against the store or manufacturer or both. All court costs, including expert witnesses, accident reconstruction and depositions would be paid by the attorney. According to state law and approved by the bar association, the medical malpractice attorney would receive up to a third of the final monetary judgment against the driver.
The actual civil trial lasted several weeks with both sides pulling out their big guns of top rate expert witnesses. At times, one witness seemed to cancel out one from the other side. The jury had to listen very closely from opening statement to the final argument. Whatever strategy the medical malpractice attorney composed, it worked, winning the east coast law firm more than twelve million of the forty million dollar settlement. Who knows how much of the twelve million the hero from the west coast received for his work?
Medical Malpractice LawsuitsThere are multiple thousands of medical malpractice lawsuits filed each year and these suits represent only a fraction of the deaths and impairments that are due to some kind of health care related mistake or act of negligence. While there are many competent and skilled physicians practicing today, many patients have suffered needlessly because of an error on the part of a medical professional. It is no surprise that so many patients decide to try to receive compensation for damages in these cases. Mistakes such as badly handled procedures, surgery that was performed at the wrong site, mismanagement of labor, or other errors of negligence can permanently alter the life of a patient. Other causes of injury could be errors in prescribing or administering medications, failure to adhere to certain standards of care, or a lack of understanding of a patient's background. Attorneys that are skilled and knowledgeable in this area of the law are crucial for anyone who wishes to file a medical malpractice lawsuit. As in other types of suits, malpractice cases will involve a defendant and a plaintiff. The patient is the plaintiff in these cases and the health care professional is the defendant. If the patient passed away, a wrongful death suit may be filed on behalf of the patient's estate. Not only doctors can be named in medical malpractice lawsuits, but nurses, dentists, therapists, and other health care professionals can be named as well. In some instances, a nurse will have a certain amount of protection if the nurse was simply obeying the dictates of an attending physician.
There are a variety of different types of medical malpractice lawsuits including suits that address such issues as birth injury, failure to diagnose, surgical errors, wrong diagnosis, mistakes regarding medication, improper procedure, wrongful death or any number of other health care related mistakes. Suits have also been brought regarding treatment at nursing home facilities. Elder abuse such can be sexual, physical or mental in nature and may be grounds for a lawsuit. Neglect and insufficient staffing may be grounds as well. Dental malpractice can also result in a court case. Problems with anesthesia can be life threatening for many patients and have been known to cause permanent impairment or even death. There have been many medical malpractice lawsuits pertaining to this type of error. Injury or oxygen deprivation during childbirth can result in brain damage, cerebral palsy, and other health problems for the newborn. If a doctor fails to identify certain factors during labor, childbirth or even prenatal care, that doctor may be liable for damages. Medications and medical products that are defective can cause injury or even death. In these cases, not only may the attending physician be held liable for damages, but the manufacturer of the medication may be as well. There is a widely held assumption that some patients decide to sue physicians, companies or health care facilities out of greed. Many times a suit is brought merely to try to defray the high costs of medical care that is required as a result of a mistake on the part of the health care professional or facility.
Proving fault in medical malpractice lawsuits is an important consideration. In times past, fault was generally placed with the physician. But the advent of HMOs has changed things. Since an HMO can sometimes limit what a doctor or health care facility can do, the HMO can also be named in a lawsuit as can hospitals and other facilities. With medical malpractice lawsuits there are some basic elements. These elements may include duty to patient, expert testimony, causation, and physician's record. Duty to patient involves a physician's direct responsibility to the patient named in the suit. Did the doctor previously make an agreement to treat this patient? Did the doctor's negligence also have an impact on other individuals? For example, if an untreated or misdiagnosed condition led the patient to have an accident that caused harm to others, the physician may have a liability to those injured parties. Expert testimony is needed to explain in a court of law what are the acceptable health care standards that may apply in a given situation. Causation involves proving that the actions of the health care professional did indeed cause the patient's suffering. Some states also allow patients to know whether or not a physician has been named in a prior malpractice lawsuit.
An attorney will be able to best advise a client as to whether or not they have viable medical malpractice lawsuits. When a family looses a loved one through the negligence or poor judgment of a medical professional, dealing with the anger and hostile feelings that result can be difficult. The Bible instructs believers on the importance of asking God for help in forgiving others. And be ye kind one to another, tenderhearted, forgiving one another, even as God for Christ's sake hath forgiven you. (Ephesians 4:32)
There are certain statutes of limitation that pertain to medical malpractice lawsuits. A statute of limitation is the amount of time that has passed since the alleged health care error took place and the last day that a suit can be filed. These limits can vary from state to state and may be as short as six months or as long as four years or more. It is the defendant's responsibility to make sure that the suit has been filed within the time period that has been established by law. A legal professional can best guide clients in the kinds of limits that might apply.