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The current working conditions for doctors across the country have been increasingly become more difficult. This is due to high insurance rates, restrictions from management care, and the high cost of living. Having a doctorate once meant that you could earn a large salary and were equipped with the necessary skills to make a difference while earning a large income. However, this tends to not hold true anymore due to the recent turn of events that have been stemming from the recessed economy. Another factor to this equation comes from the fact that medical malpractice is at a all time low. The freeze of insurance rates comes at a detrimental time where many doctors are threatening to retire early or move out of the state to practice medicine. Insurance companies and malpractice attorneys alike are worried that if doctors do not perform up to standards that more people are going to fall victim to medical malpractice. The more people fall victim to medical malpractice, the greater amount of money insurance companies have to pay out in settlements. The replications of medical malpractice are detrimental for all involved in which the bigger question should be how to avoid medical malpractice from occurring in the first place.

Since many doctors on the east coast are threatening to either stop practicing all together or move out of the state, many studies have been done as to why this is occurring. Some other difficulties in having sufficient health care on the east coast stems from the fact that it is hard to recruit qualified physicians to the area due to the high cost of living. One study suggested that, “10.8 percent said they planned to leave Connecticut because of the practice environment. That, combined with tremendous difficulty in recruiting new doctors to the state, especially to Litchfield, Windham and New London counties, could result in a physician shortage that ultimately compromises patient care, sponsors of the survey warned.” This is a very serious issue that could cause not only doctors to leave the area but the public to leave as well. If people are moving to different states with a lower standard of living, the economy is going to suffer as people file out one by one.

Primary care doctors are being hit the hardest because they have lower incomes than specialists and other types of doctors. This is where we are going to see general healthcare deteriorate because there is going to be a lack of primary care doctors. If you have seen this lack of primary health care that has attributed to further injuries resulting in incidents of medical malpractice, contact a malpractice attorney as soon as possible. A malpractice attorney is going to be able to provide you with the information needed to determine how you want to proceed with your case. In determining negligence, a malpractice attorney has access to experts who will be able to prove that your doctor failed to provide you with a duty of care.

 

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A famous study by Harvard Medical School determined that over half of all injuries caused by medical management (in other words, not caused by the patient’s initial injury or disease) were preventable, and another quarter of those incidents were caused by negligence.

A report published in the May 25, 2004 edition of the Canadian Medical Association Journal titled: “The Canadian Adverse Events Study: the incidence of adverse events in hospital patients in Canada” confirmed the findings of similar studies in the United States, Australia, the United Kingdom, Denmark and New Zealand.

The Canadian study concluded:

• As many as 24,000 patients die each year due to “adverse events” (code words for a medical mistake).

• 87,500 patients admitted annually to Canadian acute care hospitals experience an adverse event.

• 1 in 13 adult patients admitted to a Canadian hospital encounter an adverse event.

• 1 in 19 adults will potentially be given the wrong medication or wrong medication dosage.

• 37% of adverse events are “highly” preventable.

• 24% of preventable adverse events are related to medication error.

A report by the Canadian Institute for Health Information (CIHI) indicated that nearly one quarter of Canadian adults (5.2 million people) reported that they, or a member of their family, had experienced a “preventable adverse event” (medical error).

Are Canadian Medical Malpractice Claims Different Than in the U. S.?

In a word; yes.

Lot’s of people have read about large jury awards for personal injury claims in the United States. Sometimes the American jury awards seem to be out of proportion to the injury.

In Canada, court awards are much lower than awards for similar injuries from courts in the United States. Cases that might be successful in the U.S. are simply not economically feasible to pursue in Canada.

For example, the province of Nova Scotia also has some of the most conservative (lowest) awards in Canada for compensation for personal injury claims.

Role of the C.M.P.A.:

In Canada, most doctors are defended by a single organization, the Canadian Medical Protection Association (the C.M.P.A.).

According to a recent annual report, the C.M.P.A. has two point nine (2.9) BILLION DOLLARS in assets (money in the bank). The C.M.P.A. is able to use this money to hire the best experts and lawyers money can buy.

Many victims of serious medical errors cannot work, or have huge expenses for ongoing rehabilitation or medical care.

Against such overwhelming financial odds, Canadian victims of medical malpractice face an almost insurmountable challenge to obtain justice and fair compensation for their injuries.

Remember the Canadian Medical Association Journal study that determined that over 87,000 patients in Canada suffer an adverse event and as many as 24,000 people die each year due to medical errors? That’s more than 100,000 potential malpractice claims in Canada every year!

But between 2002 and 2006 the C.M.P.A. reports only 5246 lawsuits were filed against doctors in Canada: only about a 1000 claims per year.

In other words, out of 100,000 potential claims 99% of potential medical malpractice victims never even filed a claim!

The C.M.P.A. reports it’s success rate in defending claims brought against doctors. More than 3800 of the 5000 claims were dismissed or abandoned because the victim or his or her family quit or ran out of money, or died before trial.

Some Frightening Statistics:

• The C.M.P.A. settled only 229 claims out of court (usually after several years of litigation and just before trial).

• Of the 577 cases that went to trial only 121 resulted in a verdict for the Plaintiff victim. In other words, only twenty percent (20%) of medical malpractice plaintiffs actually won their trial.

• For the few victims who won at trial, the median damage award was only $95,500.00.

• In 2006 the C.M.P.A. spent 72 million dollars on legal fees to defend doctors across Canada.

• Of more than 5000 lawsuits filed against doctors, only two percent (2%) resulted in trial verdicts for the victim.

In other words, 98% of Canadian medical malpractice victims never receive a penny in compensation!

The odds against medical malpractice victims are almost overwhelming. If you think you or a family member has suffered an injury or loss as a result of medical malpractice it is critical to get proper advice. An experienced medical malpractice lawyer can tell you if you have a potential claim and can advise you what you need to prove to have the best chance of winning your case.

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When an act of medical malpractice is committed, the victim may feel that they have no control over the situation. In order to gain back the control that you deserve and want, a victim of medical malpractice must take the proper steps to getting their situation out in the public. I realize that for many and act of medical malpractice may be a very private matter, but gaining awareness about the topic can help others from the same type of occurrence. In getting your experience out in the public it may gain the crucial awareness about medical malpractice in the public so that steps are made so that nothing like this ever happens to anyone else from the same practitioner. The first thing to do if you feel that you have fallen victim to an act of medical malpractice is to contact a malpractice attorney. They will be able to help you to figure out the next steps that need to be take to ensure that you are both safe and are on your way to reclaiming what was taken from you. After you have contacted a malpractice attorney, the next thing you are going to want to do is get a second opinion from a reputable doctor. If this doctor sees that something was not done or was done wrong, it will give you refutable evidence that your doctor committed an act of medical malpractice against you.

After you have contacted your malpractice attorney and have gotten a second opinion, the next step is to ensure that you have all the medical documents that could aide to your case. Documents outlining your treatment plan, how your medical staff treated you, and what their diagnoses, prescriptions, and notes were could add substance and evidence to your case. In gaining this type of information, you malpractice attorney has the tools needed to put together a thorough case determining how you were wronged showing refutable evidence and documentation. At this time you are now ready to go to trial, that is if your medical staff, institution, or their insurance company did not settle your case prior to going to trial. You must be aware that a medical malpractice trial can be lengthy, costly, timely, and emotional draining. However if your case prevails the benefits definitely outweigh the negatives.

If you have found yourself victim to an act of medical malpractice, the first thing you want to do is contact a malpractice attorney. Your Malpractice Attorney will be able to take care of your needs while supporting your case with sufficient evidence stemming from expert witnesses and secondary medical professional testimonies. A medical malpractice settlement will generally cover your medical expenses, loss of wages, as well as for pain and suffering. Don’t let the actions of someone else affect the quality of your life and contact a malpractice lawyer as soon as possible. They will be able and willing to stand up for you in a court of law.

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When you hear the words “medical malpractice,” you probably have terrible visions of surgeons amputating the wrong limb or leaving surgical instruments in bodies during surgery. While those events do take place, not all forms of medical malpractice are so blatant. Some forms can be as subtle as missing or delaying a diagnosis, prescribing the wrong dosage of a medication, or delaying a treatment while awaiting test results. While these errors may not seem as egregious as wrong site surgery or being drunk during an operation, they can be just as catastrophic. Whether you have suffered from an egregious medical error or a subtle one, there is legal help available to cover any losses you have suffered.Medical malpractice cases are often time-consuming, complicated and costly. When deciding whether or not to pursue a medical malpractice case, it is important to ensure the strength of your case and to ascertain that you have a chance for monetary recovery. An experienced medical malpractice attorney can help you determine the validity of your case and advise on whether or not to proceed. Our legal expertise will help you wade through the mire of legal and medical paperwork and jargon that are inevitable in medical malpractice cases.

There are many different types of medical malpractice including, but not limited to, the following:

· Surgical errors

· Emergency room errors

· Birth injuries

· Anesthesia errors

· Medication errors

· Failure to diagnose

· Delay in diagnosis

· Improper procedures

· Failure to get informed consent

Experienced medical malpractice attorneys have spent years representing clients in many different medical malpractice cases and will work tirelessly to get you the compensation you so rightly deserve.

Necessary Elements

There are three basic elements necessary to a medical malpractice case. The first element is whether or not the physician had a “duty to the patient.” In other words, did the doctor actually agree to treat the patient? If the answer is yes, then a certain standard of care is to be expected. The second element requires the presentation of expert testimony that defines what the acceptable standard of care is and then explains how the physician did not administer that acceptable standard. The final element is referred to as “causation.” Your medical malpractice attorney must prove that the harm suffered was a direct result of the medical professional’s actions. This is achieved through questioning, expert testimony, and medical evidence.

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Medical malpractice is a devastating and very serious occurrence that happens in hospitals, private practices, and clinics across the nation. Whether medical malpractice has occurred first handedly to you, a loved one, friend, or foe, it is important to know what to do, and the steps to take when it happens. No one can predict or be ready for an occurrence of medical malpractice like they can fire. There is no specific “stop, drop, and roll” procedure as there is like in a fire. Every occurrence of medical malpractice is different causing the “what to do’s” to be different. However there are certain steps you can take to make sure that you are prepared to fight against those who have committed the medical malpractice against you. Medical malpractice attorneys have been involved in so many cases, that some specific tips have been extremely successful in a medical malpractice case.

First inclination, so you have been diagnosed, received prescription, underwent surgery, completed your treatment plan, and something doesn’t seem to feel or be right. You talk to your doctor and they assure you that everything has been done correctly and you just have to wait and see. At the first instance where you think something has gone wrong, it probably has. What you need to do is get a second opinion. By doing this you are taking yourself out of the element and being subjected to new surroundings and new doctors that have no idea what you have just been through causing them to provide a biased opinion. It is important that you find a reputable medical institution and a reputable doctor. You can find one through a referral or by a medical malpractice attorney, which leads us into our next tip.

Contact a medical malpractice attorney as soon as you think you may have been subjected to medical malpractice. Most medical malpractice attorneys are hired on a contingency basis so you don’t have to worry about costs. Hiring a medical malpractice attorney will enable your case to be pursued in a timely manner making your case likelier to be heard quickly. A medical malpractice attorney is the key to getting things taken care of immediately for they know how to get the ball rolling. A medical malpractice attorney will also be able to sort through all of the important documents that you received from the hospitals. They have access to the top experts in the medical field that will strengthen your case immensely.

Now that you have had a second opinion and hired a medical malpractice attorney, you have set yourself up for the best malpractice case to be deemed. By getting the second opinion you have proof that what your first doctor did, who committed the medical malpractice, caused you harm. And now that you have hired a medical malpractice attorney they can put all of the documents together and file a medical malpractice lawsuit to gain you compensation for medical bills, pain and suffering, as well as loss of wages.

 

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When an act of medical malpractice happens, it usually leaves the victim confused and hurt. Usually a victim of medical malpractice doesn’t even know that it has occurred until they see negative effects from their recent medical experience. These negative effects could take months to years to incur causing the issue of time restraints to occur. In some instances of law if a claim is not made within a year from the time that the act was originally occurred, there is no possible way for a claim to be made after that time. In instances where a victim of medical malpractice does not see negative side effects for a year, some exceptions can be made. However, this point magnifies the point that contacting a malpractice lawyer and filing a claim in a relatively quick manner is very necessary. Malpractice lawyers are urging victims of medical malpractice to talk a lawyer as soon as they have any inclination of medical malpractice occurring. In order to avoid the time constraint, a malpractice lawyer must file a claim in a relatively quick manner. So many instances have occurred when a drug company has denied that their product was defective just to make sure that the victims didn’t know about the adverse effects until after a year so that no threat of a medical malpractice suit could be incurred.

Malpractice lawyers see this type of behavior all the time from insurance companies, pharmaceutical conglomerates, and even medical institutions. These companies try to delay telling their patients that something might have gone wrong so that they are not susceptible to a medical malpractice lawsuit. This type of behavior has even been seen from individual practitioners who are trying to avoid telling their patients that something might have gone wrong despite the negative effects their patients might see in the future. Malpractice lawyers try to deal with this situation by citing the fact that these medical practitioners intentionally did not tell their patients that they might have been subjected to medical malpractice for fear of a lawsuit. In this instance usually the courts side with the victims who were never notified that might have incurred an act of medical malpractice. In this case a judge can make an assumption and allow for the medical malpractice suit to continue as normal. Many of the times the insurance companies, medical institutions, and their lawyers will do everything in their power for this not to happen.

If you or a loved one has been subjected to an act of medical malpractice, be sure to contact a lawyer as soon as possible to avoid the time constraint that could limit you ability to file a medical malpractice lawsuit. Malpractice lawyers have the superior knowledge to prove that those who committed the act of medical malpractice did not tell you because they were worried about the lawsuit that would follow. If you have found yourself in this situation, make sure to contact a malpractice lawyer as soon as possible.

 

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