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It is unfortunate how often medical malpractice happens. A medical malpractice New York lawyer can help in these cases. Sometimes a medical malpractice New York lawyer is filing suit against a doctor. Other times however one could be filing suit against a medical student or nurse practitioner. In most cases a doctor should be in charge of any patient’s well being.
Medical malpractice New York lawyers can help with all sorts of lawsuits involving doctors. Doctors have the unfortunate position of being the one in charge when things are already going wrong. They have to be giving it their all in order to keep people alive and well. This can be a difficult task however and any mistakes they make usually have serious consequences. If they are lucky, the worst type of mistake that they make will involve allergic reactions to the wrong medications. Usually however when medical malpractice New York lawyers get involved, it is because of a serious medical accident. Rushing and not paying enough attention can be real problems to our country’s over worked doctors. Although it can be understandable how this can happen, it is still ultimately the doctor’s responsibility and they need to be held accountable.
Even though doctors should be the responsible party in most medical malpractice New York cases, sometimes others can be found to be the true guilty parties. Medical students for instance are often given too many responsibilities because of our overburdened medical system. When these students do not perform up to par, dire consequences can be at hand. They are students after all and prone to making mistakes. It is unfortunate that they do not get the same medical malpractice New York insurance that doctors do. There are however things certain basic responsibilities that a medical student should be able to do. When these students do not properly follow through with these responsibilities, medical malpractice New York lawsuits are appropriate. Students should also have malpractice insurance just in case.
Although most medical malpractice New York cases are against the person with the most authority, sometimes a nurse practitioner is found to be the one truly at blame. Sometimes nurses are in a position where they are the sole provider of medications or direct care. In these cases, if a nurse were to give an elderly patient with dementia the wrong heart medication for instance, then the nurse would be found at fault. Another more unfortunate way, in which a nurse practitioner could be found guilty of a medical malpractice lawsuit, would be in cases of negligence. Again an elderly person with dementia who is found with bedsores is an unfortunate case of negligence. A nurse practitioner could easily have a medical malpractice suit on their hands if this were the case.

 

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Have you recently sought medical care from either an individual practitioner or a medical institution and left feeling confused? Did the treatment plan, diagnosis, procedure, or surgery that you went through cause you to have negative and adverse side effects? Have these side effects worsened over time causing you to suffer through more pain and distress? If you have answered yes to any of these questions you may have be subjected to medical malpractice without even knowing it. If you have found yourself in this situation contact a medical malpractice Long Island attorney as soon as possible. If you have waited to long after being subjected to medical malpractice to contact a lawyer, it may be too late for there are time limitations on these types of cases.

Cases of medical malpractice can tend to be very complicated for the medical malpractice Long Island doctor must prove that the doctor owed the patient a duty of care and the doctor failed to provide that duty of care to the patient. The can be a lengthy and costly process for there is often need for many different experts, witnesses, and testimonials from a variety of different sources. Litigation fees also add up when the case involves many different subpoenas and depositions that take a lot of time for both legal teams to prepare and sort through. Since this part of the process tends to take the most time and resources, it is essential that the appropriate legal team be contracted. In hiring a medical malpractice long island attorney, you are ensuring that the best-qualified attorneys are taking care of your legal needs.

A Medical malpractice Long Island claim be lengthy, costly, and emotionally draining, however if successfully executed it can provide you with the compensation that you need and deserve. Compensation that is awarded during a medical malpractice usually goes to medical expenses, loss of wages, and for emotional distress. In wining a medical malpractice Long Island case it is also important for the victim to speak out about what happened to them. In speaking out about the occurrence it allows people to gain awareness about the epidemic. In gaining awareness other people may learn something and be more careful about the doctor they choose to entrust their lives with. People must know that medical malpractice can occur even from the top doctors in the nation, and sometimes it is completely unavoidable.

If you or a loved one had fallen victim to medical malpractice in Long Island, contact a medical malpractice Long Island lawyer as soon as possible. In contacting a lawyer you are taking the first step to standing up for your rights and putting a stop to medical malpractice. Filing a medical malpractice case is a trying time but it can also prove to be successful in not only gaining compensation but it also creates awareness for others. A medical malpractice Long Island lawyer has the experience and skills necessary to stand up for you in a court of law while also providing that you need.

 

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To many, all lawsuits, let alone medical malpractice ones, are a bit of an enigma. Unless you have been through one, most people do not know much about how medical malpractice cases work. There are some things every person ought to know about these types of lawsuits. 6. Physicians or hospitals are not the only healthcare providers who can be sued in medical malpractice case. Anyone who provides healthcare services can provide negligent medical care, thereby causing an injury to a patient. Examples of other healthcare providers against whom a malpractice claim may be brought include lab personnel, physical therapists, psychotherapists, nurses, or those on staff at a medical facility. Every person and facility, which provides healthcare services, owes a duty to act as a reasonable and prudent medical professional would when in the same situation. Failing to act in this manner means the standard of care has been breached, resulting in malpractice. 7. Every single state has a statute specifying a particular timeframe within which medical malpractice lawsuits must be brought. This is known as the statute of limitations. Failing to file a lawsuit within this mandatory timeframe will result in the inability to legally pursue your malpractice case. Thus, if you have even a mere suspicion that the problem or injury is due to the negligent medical care provided to you, seek counsel with a medical malpractice attorney immediately to preserve your claims. If your attorney fails to file your lawsuit prior to the expiration of the applicable statute of limitations, then you will have a claim against him for legal malpractice. 8. medical malpractice cases are not cheap. Part of properly prosecuting, or defending, a medical malpractice case is retaining expert witnesses. Medical experts are needed to help prove or defend against the treatment aspect of your case. In other words, they will testify as to the standard of care and whether or not that standard of care was breached in this particular case. In addition, economic experts are often retained to address the economic damage portion of your claim, including the cost of future medical care that may be needed, lost wages, future lost wages, etc. Experts in malpractice cases can cost a pretty penny, charging a high fee for their services as well as any travel costs incurred on the case. 9. medical malpractice lawsuits can move quite slowly through the justice system. Since these types of cases are much more complex than traditional personal injuries cases, they may take a longer time to work through the process. 10. Simply because a healthcare provider was negligent in his medical treatment does not mean that a patient will have a successful medical malpractice case. In order to have a legally recognizable malpractice claim, the negligent treatment must result in injury to the patient. At that, most malpractice attorneys will not take on a patient’s case unless the injury suffered was major, which would result in a high recovery. Malpractice lawyers typically take on plaintiff’s cases on a contingency, meaning they do not charge attorney’s fees or costs to the client. Rather, the attorney will advance all costs and then take a percentage from the recovery to constitute his fees in the case plus any costs incurred in litigating the case. Smaller injury cases are often not worth the expense to an attorney, as the monetary recovery may not even cover all of the costs in the case. There are many different types of medical malpractice cases that take place every day, resulting in all types of injuries. These are certainly not one-size-fits-all types of claims. Consulting with an attorney who specializes in medical malpractice lawsuits is the best way to determine if you have a case and to ensure you are compensated fully for your injuries. If you require more information, assistance, and guidance on medical malpractice, malpractice lawyers, Medical Malpractice cases, medical malpractice lawsuits, medical malpractice claims, medical malpractice insurance, please do visit our site or contact us – http://www.malpracticelawyer.org/

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As people are gaining awareness to the recent events that occurred on Wall Street the way people conduct their lives is going to be significantly altered. Now that people are realizing that we are in fact in a recession and are heading towards a depression, people are going to change all aspects of their current decision making process. First off, the general public is awaiting the magnitude to which the $700 billion dollar buyout is going to affect their financial status. People are aware that things are happening, but not sure exactly where they are going to see it t directly on their lives. Not only on a individual basis but companies on a public sector are waiting in vigor to see what stems from the offset. Large and small businesses alike are waiting to see what the implications are going to be both in the short and long run. In order for any type of decision making to occur people want to know what will be the repercussions of every single decision they make. In regards to different industries that will be affected determines how that industry is playing the market. In regards to the medical industry the fact the insurance giant AIG was taken over by the government gives them assurance of coverage. However those involved in occurrences of medical malpractice in Philadelphia may be seeing the brunt in regards to the amount of settlements decreasing.

Another issue in regards to the medical industry being impacted by the current economic state will stem from the outcome of the pre-emptive proposal. A Pre-Emptive doctrine has been proposed by Congress, which states “FDA approval of drugs or medical devices pre-empts the ability for individuals to sue manufacturers for liability in state courts.” If the Supreme Court passes this piece of legislature the implications will affect medical malpractice and product liability cases tremendously. This proposal has been brought to decrease the amount of injury cases based on frivolous claims. If this proposal is passed, the people who will be hurt the most are those victims that have legitimate claims of medical malpractice in Philadelphia and product liability issues. The victims suffering from true instances of medical malpractice in Philadelphia may have their claims thrown out if they do not meet the necessary requirements for the Pre-emptive statute will kick in. There are two sides to every story in which both benefits and risks are going to be brought to attention to the Supreme Court that will make the final decision.

If you or a loved one has been harmed by an instance of medical malpractice in Philadelphia, contact a medical malpractice lawyer immediately. For there may be time limitations placed on your case in which it is essential to get all your information to an attorney as soon as possible. Don’t let those who wronged you get away with what they have done and continue to do it to others. An experienced medical malpractice Philadelphia lawyer has the skills and qualifications necessary to stand up for you in a court of law and gain justice.

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You can define “Medical Malpractice,” can’t you? You may know what it means, but I would be surprised if you have actually considered how to file a med mal claim. This article briefly outlines what Medical Malpractice means in Virginia, from the letter of the law, to the process families undergo when filing a Medical Malpractice Claim. Please note, the laws are often being changed, so always consult an attorney about your specific case, AS SOON AS POSSIBLE.

Definition

Under Virginia law, Medical Malpractice means “any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. Put simply, medical malpractice claims arise from health care worker / patient relationships, where the patient experiences damages (physical and/or financial), as a result of the health care provider’s negligence.

Clearly, you know who your doctor is, but who is included in the legal definition of “health care provider?” Virginia case law has frequently defined who is, and who is not a health care provider. For example, a physician with an expired license is not a health care provider and is therefore not covered by the laws in the Virginia Medical Malpractice Act. A laboratory is not likely considered a health care provider. A nurse however, is a health care provider. A nursing home is also a health care provider. Tell your attorneys who you believe was involved, and allow them to do the research to determine whether or not your case is technically a medical malpractice claim.

Statute of Limitations

Claim for an Adult

In Virginia, most personal injury actions against health care providers must be filed with the Court within two years of the date of the negligence.

In a case involving a foreign object (surgical sponges, needles, etc.), you have the two-year limitations from the date of negligence, or “a period of one year from the date the object is discovered or reasonably should have been discovered” – whichever period of time is longer.

In Virginia, under limited circumstances, you may be able to file a medical malpractice claim after the two year statute of limitations under what is called the continuing treatment doctrine. This rule is very complicated, and not a sure bet – so as previously stated, speak with an attorney as soon as possible to allow sufficient time to investigate and possibly file your claim.

Claim for a Minor

The rules for children are different. If you are under the age of 18, you are deemed to be a minor in Virginia. If the parent or guardian of a minor wants to file a claim for damage to property (their child being the property), the parent or guardian has five years after the damage, to bring the suit. You will not be able to recover anything but the actual damages or medical bills.

To bring a medical malpractice claim for damage sustained by a minor, it gets even more confusing. Virginia law provides that if the child is less than 8 years old at the time of the injury, they have until their 10th birthday to bring the claim. If the child was older than ten at the time of the negligence, they have two years from that date to file the action.

Virginia Code §8.01-229 states that if one is under a disability (which includes under the age of 18), they have until they are 18 to bring the claim. Please note, the Virginia Supreme Court recently held in medical malpractice cases, it is not until you are 18, plus two years – it is until they are 18 and then the statute expires.

The moral of the story is – with a possible malpractice claim involving a child – call an attorney immediately to find out when your cause of action must be filed.

Wrongful Death Claim

If the negligence of the health care provider caused the death of your loved one and you want to file suit, the claim is called a wrongful death claim. Virginia Code §8.01-244 states that such “action shall be brought by the personal representative of the decedent within two years after the death of the injured person.”

What is the process of filing a malpractice claim?

Investigating / Reviewing Records

Every attorney who is approached about a medical malpractice case will first need to review the relevant medical records. In our office, we prefer the family request these records so the facility or doctor is not made aware of attorney involvement. Once the records are requested, a doctor or hospital has 3 days to produce the records to the family. Under federal law, a nursing home must produce requested records within 2 business days. The hospital, doctor, or nursing home is allowed to charge a reasonable copying fee.

Once you get the records, the attorney, staff or a third party will review the records for the attorney. The purpose of the review is to make sure all the records are present and that the records reflect the events as told to the family, etc. It will take most law offices 2-4 weeks to review the records and decide whether it is a case worth investigating.

Expert Review

If your attorneys believe the case is worthy of further investigation, after reviewing the medical records, they will seek an expert review of the case. An expert is basically a licensed physician who practices medicine in the same field, or specialty, as the health care provider you believe acted negligently.

In Virginia, an expert is required in almost all cases to establish what the health care provider did wrong or should have done. A second expert may be necessary to establish that the defendant health care provider’s negligence caused the damages suffered by you or your loved one. And you just can’t hire any doctor – your expert must meet a certain set of standards established by Virginia Courts, which includes an understanding of the state wide standard of care, in addition to sufficient knowledge skill and experience. Typically, your attorney will find the experts for you.

Experts are not cheap! Typically an expert will charge $300-$400 an hour to review a case. They may increase their fees for court time and depositions. Experts will be the largest cost in any malpractice case. Paying the experts falls upon the family. Because attorneys are prohibited from forwarding money to their clients in Virginia, law firms will require families to pay a cash retainer to the law firm, so the firm can pay the experts for their review and time.

Certification

If the expert believes malpractice occurred, they will have to certify their opinion in writing. This is a new requirement in Virginia. Virginia Code § 8.01-20.1 and Virginia Code §8.01-50.1 require in all medical malpractice and wrongful death actions a written opinion signed by the expert, that the defendant has deviated from the applicable standard of care and the deviation was a proximate cause of the injuries/death.

Filing Suit/Arbitration

From start to end, a lawsuit in Virginia State Courts could take 1-2 years.

If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.

Please note – not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/

If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.

Written Discovery

After the lawsuit is filed, both sides will issue what is called written discovery.

Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.

Depositions

In addition to written discovery, both sides are given the opportunity to question their opponents’ witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney’s office, with both attorneys, a court reporter, and other witnesses present.

Settlement

If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

Trial

You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

Parties

Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

Burden of Proof

You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

2. That the health care provider’s negligence was the cause of your damages.

This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

Limitations

Ever read about big huge verdicts in the paper?

Well, they are not likely Virginia cases. The General Assembly has established

a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

2000 – $1,550,000.00

2001 – $1,600,000.00

2002 – $1,650,000.00

2003 – $1,700,000.00

2004 – $1,750,000.00

2005 – $1,800,000.00

2006 – $1,850,000.00

2007 – $1,925,000.00

2008 – $2,000,000.00

Cost

Filing a medical malpractice claim is not cheap. While most malpractice attorneys

will accept your case on a contingency basis (meaning they don’t charge you an hourly rate for their time) – families, and not attorneys, must be responsible for the costs of litigation.

The costs of litigation are:

Expert hourly fees

Copying costs

Long distance phone calls

Mileage for travel

Court costs

Court reporters

When potential clients come into our office inquiring about a potential medical malpractice lawsuit, we advise them that the Expert Fees alone may exceed $25,000. Certainly something to think about if your only damages as a result of the doctor’s negligence is around $10,000.

Outcome

If you take a case to trial – there is no guarantee you will win. Virginians are

wonderful people, but as everyone has a different opinion on politics, faith and justice – you cannot guarantee a Judge or Jury will rule in your favor, even with the best possible medical malpractice case.

Filing a malpractice case will not bring back your loved one, or take away your pain. So each and every family must consider all of the factors before they pursue a claim.

Conclusion

If I can leave you with one piece of advice – it would be to:

FIND AN ATTORNEY YOU TRUST – AND EVALUATE YOUR OPTIONS!!!

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I receive more questions about medical malpractice cases than any other type of case. Medical malpractice cases can be very emotional and confusing. Sometimes it is hard to differentiate between a poor outcome and medical malpractice. When a person has questions, he or she should consult a New York medical malpractice attorney for guidance.

What is New York’s Statute of Limitations for Medical Malpractice?

Potential clients often ask how long after medical treatment they can timely file a medical malpractice case. According to New York State Law, a person must file a medical malpractice lawsuit no later than two and a half years (30 months) from the act or omission named in the complaint or from the end of the continuous treatment during which the act or omission took place. There are cases with different timeframes. For example, claims against municipal hospitals or clinics face much shorter filing dates.

Examples of Medical Malpractice Cases

Let’s look at some examples. I had a client who sought treatment for obesity and his physician prescribed a short-term weight loss pill. That pill had potential damaging side effects that required careful monitoring of the patient’s condition and limited the duration a patient should have taken the medicine to no more than three months. In this case, the physician prescribed the drug for more than two years and failed to monitor the patient’s vital signs. Eventually, the patient developed respiratory failure and wound up in the hospital near death.  We conducted a thorough investigation and determined that the physician committed malpractice. The initial malpractice began when the physician prescribed the diet drug for more than three months and failed to monitor the patient’s vital signs. However, the patient received continuous care from that physician for over two more years so the “clock” on the statute of limitations did not begin until after the continuous treatment ended.

Here is case that falls outside the statute of limitations. A client goes to a doctor complaining about an odd discoloration on his back. The doctor dismisses the patient’s concern as needless worrying. Three years later, the patient sees another doctor who looks at this growing discoloration and determines that it is a melanoma that has spread and now threatens the patient’s life. The second physician remarks that had the first doctor properly diagnosed the patient’s condition, the patient most likely would have avoided extensive surgery and the risk of death. The patient wants to sue the first doctor but cannot because that visit occurred more than two and a half years ago and the patient had not seen that doctor since.  Unlike many other states, New York does not have a toll on the statute of limitations when the patient has no reason to know that malpractice has been committed.

Here is another example.  A patient enters a nursing home in July of 2006 and the treating physician issues orders to accompany the patient to the bathroom or anytime she gets out of bed. During the first week, the patient requests assistance to go the bathroom, yet no one comes to assist her. She eventually gets up on her own, falls and breaks her hip. The nursing home transfers her to a hospital for treatment of the broken hip and the patient returns to the nursing home from the hospital. In January 2010, the patient’s daughter learns the circumstances of how her mother broke her hip and transfers the patient to another nursing home. The daughter wants her mother to sue but is worried since the incident took place nearly three and a half years earlier. Because the patient received continuous care from the nursing home, the clock on the statute of limitations did not start until January 2010 when the patient transferred to a new facility.

The Continuous Care Provision Only Applies to Medical Malpractice Cases

The continuous care protection only applies in medical malpractice cases. Consider a variation on the previous example. Suppose the patient was not under medical orders to receive an escort to the bathroom. The patient gets up in the middle of the night to go the bathroom and slips and falls on a puddle that the maintenance staff failed to clean. She breaks her hip. That injury would result from the negligence of the nursing home and not medical malpractice. The statute of limitations for negligence cases is three years so it would expire in July 2009. If the woman did not file a claim until January 2010, the case would be dismissed for falling outside the statute of limitations.

When in Doubt, Seek the Advice of a New York Medical Malpractice Attorney

As you can see, New York’s medical malpractice laws have many subtleties that can dramatically affect the ability to bring a medical malpractice lawsuit. If you have questions, you should consult an experienced New York Medical Malpractice attorney. That attorney can assist you in determining if your case involves medical malpractice and falls within the statute of limitations. If you want more information on medical malpractice law in New York, you can click here to visit my web site.

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.

I hope you found this information helpful. Please call or email me if you have comments, questions or would like assistance with a medical malpractice case.

 

 

 

 

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