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I am in medical malpractice settlement negotiations with a dentist. Her insurance company was handling the negotiations, then the dentist license expired and the insurance company dropped the dentist. The dentist obtained a new policy from a new insurance company. Now the original insurance company has dropped out of negotiations. Is it possible that the original insurance company wants me to file suit against the dentist, and then the new insurance company will have to defend the dentist? Or, because the first insurance company received the initial settlement letter with notice of intent to sue, they will have to carry on and defend the dentist even though they no longer have the dentist as a client. Please clarify the typical procedure in this type of situation. Thanks a million! N.
Thanks for the info. I do have an attorney. But I do not want to sue and want to settle. The original insurance Co. made an offer, then we countered..then the Ins Co. dropped the dentist, and did not responded to the counter offer. SO, of course the attorney wants to sue cause he will make the big bucks. I want to settle because we were on track to settle. I just can’t figure why the original insurance company would want to go to court unless they really don’t care one way or another because the dentist is no longer a concern to them in the long run??? Tks. for you input.

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how is that measured and is it the same as any other state, what if you have let your time limits run out?
by the way what do you really need to be able to show?

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If you are thinking about filing a lawsuit for medical malpractice, there are some things that you need to ask before you run out and seek legal services. Since you are going to invest a significant amount of time and money, make sure that you can answer yes to at least one of the following questions:

Did your doctor fail to diagnose or treat your disease in a timely manner or was there a delay in your treatment that made it worse?

Did your doctor fail to notice and act upon an abnormal test result?

Did your doctor fail to order the correct tests or did your doctor fail to refer you to a specialist for additional testing or treatment in a timely manner?

Did the injury in question occur while you or a family member was under the care of a physician, a hospital or a health care provider?

Did your prescription medication cause you injury?

Did your doctor fail to fully disclose specifics of your medical condition or all the risks of your surgery? If so, was the injury a result of one or more of those undisclosed risk factors?

Were you injured because the doctor or the hospital staff was not fully trained in the use of medical equipment or were you injured due to faulty equipment during a medical procedure?

Were you improperly rushed out of a hospital or from your doctor’s care? Was that instrumental in worsening of your condition?

Do the records show someone questioned the diagnosis, or the appropriateness of specific procedures, tests or treatment provided?

Did your doctor or hospital fail to advise you or provide you the best treatment options for your condition?

If you can answer yes to any of the above, then it is time to back it up with medical facts. You need to do this by getting a second opinion from the appropriate physician in the field of medicine that is specific to your issue. Your attorney can direct you to the local expert physician in that area of medicine for your second opinion. This act, by itself, is paramount to the strength of your case.

You should also have a checklist of some of the common items an attorney will ask you to present or do to strengthen your case. If you do these self-organizing tasks, you will better your chances of having a successful medical malpractice case to get the compensation you deserve.

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Yesterday my Attorney filed a complaint on my behalf against an Emergency Room Doctor. Can someone give me an idea on how long it takes to be served?

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Filing a medical malpractice claim is not an easy task. The lanes and by-lanes of the legal world at myriad and twisting and only an experience medical malpractice lawyer who is familiar with medical malpractice laws can really help you in obtaining a proper settlement. If you or one of your loved ones has suffered due to medical negligence, choosing the right medical malpractice attorney may be the most important decision you make towards getting a compensation for your suffering.

The starting step is always the decision to pursue a medical malpractice claim and once that has been taken you need to start hunting for the proper legal representation. Law in itself is highly complicated, but medical law is even more so because of the way in which malpractice laws are pitted in favor of the medical providers. Each state has its own set of medical malpractice laws and so you need to find a lawyer who is well acquainted with the laws of your state.

Another major factor in filing a medical malpractice claim is the costs involved. Expert witnesses – usually other physicians – are required to testify against the erring medical professional to prove that he/she is guilty of malpractice. These experts can be very, very costly and you need to be ready to pay the fees if you wish to go ahead with the litigation. Most of the time, medical malpractice lawyers will only be ready to pick your case if you have a substantial claim involving serious or permanent injury and are ready to put in the initial cost.

Once it is final that you do have a substantial claim to make, you need to follow certain guidelines to choose the right malpractice attorney to represent your case. Start by finding an attorney who has represented clients on multiple medical malpractice cases and won them – most likely it should be the major part of the lawyer’s practice. Lawyers focusing on medical malpractice laws are specially certified in some states. Unless and until the lawyer knows the medical claim laws inside out, he can’t represent you properly.

The best option is to go in for a medical malpractice lawyer who has long experience of negotiating large settlements with the medical providers and their insurance companies. Such lawyers would have in-dept knowledge about the medical industry and the ways and means in which a settlement can be negotiated. They would also immediately know whether a case is worth taking to court or not.

Finally pick the attorney or lawyer that comes with the best references. If an attorney you trust or a close friend refers you to a medical malpractice lawyer they trust, it is always good to work with him or her. That way you can be more comfortable working with the lawyer. Also make sure to understand fully the terms of the retainer agreement before you sign it.
The costs of taking a medical malpractice claim to litigation are generally very high and largely prohibitive for most people; so it is very important to understand if the lawyer will be getting his contingent fee from the net recovery or the gross recovery.

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Medical malpractice is professional negligence by act or omission by a healthcare provider.  This standard of practice causes injury or death to the patient. The standard and regulations for medical malpractice vary according to the country and jurisdiction in that particular country. Medical professionals are required to obtain the professional insurance liability to affect the risk and costs of lawsuits arising out of medical malpractices.

Malpractice is a specific legal term related to lawsuits alleging circumstances that lead to a damage to a patient. Malpractices cover misdiagnosis, mistreatment or various types of negligence. Not all doctors are liable for malpractice lawsuits.  In the medical profession there are certain risks and margins for error in certain sicknesses.

The top five diseases that receive monetary awards in terms of the dollar value are Breast cancer, lung cancer, colorectal cancer, heart attack and appendicitis. In these diseases the main form of allegation is misdiagnosis, either delayed diagnosis or mismanagement of diagnostic testing. This delay may lead to severe complications or death.

The doctor is found negligent even if compensation is paid in money for the damage he / she has suffered.  There are two major kinds in successful lawsuits. These are Compensatory and Punitive Damages. A compensatory damage is the most common kind. This money is paid for the injury caused. The latter is much harder to put a figure on. The damage given depends on the person and the normal income he gets. In addition to the damages that are awarded to the injured person, the patient’s family may recover money for loss of care, companionship, love and affection.  If the victim dies the family members will get more for the death of the victims.

The next is the Punitive Damage. This money may be awarded to the patient in order to punish the doctor for his or her actions. This type of award will be difficult to obtain. This is given if the doctor acted in a willful, wanton or malicious way or was motivated by evil motive, to injure the patient.

This is a brief description that a medical professional will have to face in his practice.

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The incidence of Medical Malpractice is, unfortunately, widespread across the United States, covering all specialties and all categories of health professionals.

 

If a health care professional, whist providing treatment or care, fails to act with the same diligence and ability as a similarly qualified professional would deem acceptable and reasonable, then he may be guilty of medical malpractice.

 

This Duty of Care and Standard of Care is legally binding and applies to all health professionals, be they physicians, therapists or psychiatrists. All the medical procedures they perform and the treatments they administer should be within the standard of care.

 

However the patient has to show more than that an act of negligence has been committed by the health care giver. He must prove that the damage done to his health was as a DIRECT RESULT of the negligent act and that no other causes were possible.

 

The risk of injury is ever present whenever medical procedures take place, whether they are of an invasive nature or otherwise. But if the health provider involved carried out the procedure attentively and with regard to the Standard of Care then the he will not be held responsible for any resultant injury.

 

The unique nature of each compensable injury, ranging from birth injuries to wrongly administered medication, make medical malpractice claims complex and time consuming for the attorney to investigate. He must first of all collect together the medical records and any other relevant material surrounding the case. After satisfying himself that there is a possible case of medical malpractice he must then employ the services of an expert witness to testify in a presuit that in his opinion there is sufficient evidence to take the case further.

 

The importance of engaging the services of an experienced medical malpractice lawyer as soon as the injury is discovered cannot be emphasised enough. The Florida Statute of Limitations requires that a medical malpractice lawsuit be filed within two years of the negligent act being committed and the latest any negligence case can be brought is four years. There are some exceptions to this rule including if the victim is a child under the age of eight years. Further exceptions involve cases where a foreign body has been left in a patient and not discovered until some time later. In a case of this nature the time countdown would start from the date the foreign body was discovered.

 

To ensure the attorney has all the necessary information to make an informed decision on a case of medical malpractice it is advisable that the victim takes the time to write down all the circumstances of his treatment from the first appointment with the physician to his present day circumstances.  

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