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Medical Malpractice History | Medical Malpractice Images

It is possible that there are issues lurking here of insurance bias, racism, or anything else we can imagine. But even if that were true, none of those factors will matter. The physician's stated reason for failing to affirmatively cause that drug to be furnished to you is conclusive and, once he realized that, and absolutely once he stated that, there was no alternative course of conduct other than his refusal.
As for your attempt to on the one hand to frame doctors as greedy drug dealers responsible for for most of this countries drug abuse, while at the same time trying to shame them into believing that theirs is a selfless avocation, some kind of priesthood where anyone not willing to martyr themselves to an ungrateful public, shouldn’t be able to practice. -Well i think you’d better put down whatever pills you’ve been swallowing, and come back to reality. Medicine is a profession, and its filled with human beings, not saints or demons. Human beings who will choose their own well being over that of a potential enemy every time just as YOU would. And greedy lawyers, unscrupulous patients, and unwitting juries all over this country are increasingly causing doctors to view their patients as potential enemies.
Damage: The physical and/or monetary costs to the plaintiff that resulted from negligent acts by the medical provider. An example of damage would be a physician assistant’s failure to diagnose the right medical condition which then caused the patient to become sicker, to spend more money on additional therapy, and to incur lost wages for missing work.
Lets make it psychiatric: A psychiatrist recommends lamotrigine and warns of the risk of fatal skin rash. The patient asks the psychiatrist whether any of her patients has suicided. She lies and says no. The patient sloughs her skin, almost dies, discovers the lie and sues. She says if she had know the doctor has lost a patient to suicide she would have found another psychiatrist.
Under Ohio law, a medical malpractice lawsuit must be filed within one year from the later of one of two dates. This is known as the statute of limitations. Those dates are (1) when you discover the injury or (2) from the last date of treatment with the negligent medical provider. There are exceptions to this rule. Therefore, if you think you or a loved one has suffered due to medical malpractice it is imperative that you contact us at your earliest possible convenience so that we can provide you with an opinion as to whether or not you have a potential medical negligence claim. If a loved one has passed away due to medical negligence the family has a separate claim known as a wrongful death lawsuit. This is subject to a two year statute of limitations from the date of death.
According to a 2006 study, medication errors harm approximately 1.5 million people in the United States every year. Medication errors can occur many ways -- from the initial prescription to the administration of the drug. For example, a patient might be harmed if the doctor prescribes the wrong medication. Or the patient might be harmed by medication that the doctor prescribes to treat a misdiagnosed condition. In a hospital setting, the right drug might be given to the wrong patient.
Ex.: New York has a two-and-a-half year statute of limitations for medical malpractice cases, set by New York Civil Practice Law and Rules section 214-a. Let’s say a surgeon in New York negligently leaves a foreign object in a patient during surgery. What if the patient discovers the object 3 years after the surgery? In this example, the patient still has time to sue because New York has adopted a 1 year discovery rule. This patient actually has 1 year after discovery of the object to file a lawsuit. (Note, however, that if there is proven evidence that the plaintiff missed the statute of limitations because the object should have been discovered earlier than it was, then the case could be dismissed.)
A 2004 study of medical malpractice claims in the United States examining primary care malpractice found that though incidence of negligence in hospitals produced a greater proportion of severe outcomes, the total number of errors and deaths due to errors were greater for outpatient settings. No single medical condition was associated with more than five percent of all negligence claims, and one-third of all claims were the result of misdiagnosis.[25]

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Generally speaking, from a legal standpoint, you may need to evaluate whether the risk of being left without legal redress in the event of a medical mistake is worth the potential cost savings of having your procedure performed overseas. With such limited remedies available to patients, and the often lower standards of care in nations offering substantially cheaper medical treatment rates, the risks of medical tourism may far exceed the benefits.
It is not easy to get a full picture of the increase in medical malpractice cases in South Africa, as there is no central register. Cases can be settled in court, out of court or via mediation. If matters are settled out of court or via mediation, there is no public record of compensation. However, if all sources of information are collated, it would certainly appear that both the number and levels of claims are increasing, and this is affecting the overall cost of health care in the country, including what you pay for medical scheme cover.
Medical professionals are held to a higher standard of competence than nonprofessionals. They should have a great deal of knowledge regarding various medical conditions and treatment protocols, and therefore are responsible for providing a high standard of care. Standard of care is defined as what a “reasonable” medical practitioner would have done under similar circumstances. In other words, medical professionals are responsible for using a certain level of knowledge, training, and experience. Medical professionals received extensive training in their field, and can therefore be held to a higher standard than a well-meaning passerby at the scene of an emergency (Bal 2009).

To add indirectly to Jeremy,s post a “startling ” piece of news has reached me from the Home of far-right Capitalism in relation to health care .AS you know the biggest debt in the US is health care not a mortgage many people taking their whole lives to pay off the medical charges “Obamacare ” was introduced but highly criticised by insurance companies and BB who were in the medical business . But hold on the great State of Colorado could become the first US State to replace it with —hold on —- an equivalent of the UK NHS — dont all jump up with indignation shouting –never ! we wont let it its “un- American ” they actually want to impose a tax hike on Colorado residents to pay for it –$38 billion of 10 % on the payroll tax –notice in this country cameron is using that as an excuse to Privatise the NHS . It would mean all residents would have EQUAL care – no gold-silver or bronze care and they could chose any doctor and specialist whether in or out of the network and deductibles would also be elimated . US BB medical are spitting fire as is Insurance groups ,do I need to say why ? well yes some might still think the US is run in a philanthropic manner —Profit -money $Billions – it will be interesting to see how far it gets and whether the Colorado residents vote it in ,there again they voted in Bernie Sanders so there is a chance . I look forward to watching massive funds being pumped into media advertising telling the people how its too dear when US medical costs are enormous even priced down to napkins and face masks etc etc.
Most (73%) settled malpractice claims involve medical error. A 2006 study concluded that claims without evidence of error "are not uncommon, but most [72%] are denied compensation. The vast majority of expenditures [54%] go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant." Physicians examined the records of 1452 closed malpractice claims. Ninety-seven percent were associated with injury; of them, 73% got compensation. Three percent of the claims were not associated with injuries; of them, 16% got compensation. 63% were associated with errors; of them, 73% got compensation (average $521,560). Thirty-seven percent were not associated with errors; of them, 28% got compensation (average $313,205). Claims not associated with errors accounted for 13 to 16% percent of the total costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including lawyers, experts, and courts). Claims involving errors accounted for 78 percent of administrative costs.[23][24]
Various studies have shown that the Texas tort-reform law has had no effect on healthcare costs or the number of physicians practicing in the state.[45] A February 2014 study found "no evidence to support" the claim that "there had been a dramatic increase in physicians moving to Texas due to the improved liability climate."[47] The study found that this is true "for all patient care physicians in Texas, high-malpractice-risk specialties, primary care physicians, and rural physicians.[47]
This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes.  You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done.  Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do.  You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.

An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).Show More
Arizona lawmakers in 2012 passed a similar bill to prohibit wrongful birth lawsuits, though the legislation included exceptions in cases of an “intentional or grossly negligent act or omission.” Arizona State Sen. Nancy Barto (R-Phoenix) introduced the bill because she claimed wrongful birth lawsuits negatively affect children with disabilities. “True malpractice suits,” Barto said, would be allowed to proceed.
Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did – the treatment of the preexisting condition – actually caused the harm. If a patient dies of pancreatic cancer after seeking medical treatment, it might be difficult to prove that the doctor caused the patient’s death and not the cancer. The patient must show that it is “more likely than not“ that the doctor’s incompetence directly caused the injury. This often requires that a patient have a medical expert testify that the doctor’s negligence caused the injury.
Have you filed your Standard Form 95? Did you fill it out correctly? Often, we have veterans and service members or their families that call us after they have filed their own Form 95. Many times, we must file amended Form 95s to correct legal, medical, or other errors that are made. Some times, we must tell these individuals that we cannot help them due to a fatal error in filing their Form 95 that cannot be corrected under the law.
In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.

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You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).Show More
At some point, the hospital might make an offer to settle the case. So, it is important for the patient to determine the value of the case. The patient should consider all possible losses and harm stemming from the malpractice, including, past and future medical expenses, past and future wage losses, pain and suffering, loss of enjoyment of life (the decreased value of a person’s life as a result of the injury, measured by changes in lifestyle, such as the loss of the ability to enjoy sports, walk or play with children), and loss of consortium (losses to family members as a result of the injury, measured by loss of companionship or the loss of the ability to engage in certain activities).
Our law firm has the resources to build a strong claim for maximum damages. As our legal team prepares claims for damages, we often collaborate with experts in such areas as medicine, vocational rehabilitation and economics, as well as such specialties as neuropsychology, geriatrics, pediatrics or child development, depending on the specific circumstances of the case. In appropriate cases and with the permission and assistance of our client, our damages presentation may also include the creation of a “day-in-the-life” video to illustrate the ways in which negligent medical care has changed our client’s life. Our team goes above and beyond to demonstrate what full and fair compensation should be for our clients.
Furthermore, we all inform our patients to some degree about the risks and benefits of procedures, meds, etc. Never have I heard that one's own track record or disciplinary history should be included. And in this case we don't for what the doc was disciplined or what led to the death. It may or may not have been relevant to Willis. The real issue here is whether he failed to warn her of the possibility of the perforation. The only thing going for the plaintiff here is that she likely claims that she would have chosen a different surgeon had she known the truth. Easy to say in retrospect when plaintiff and attorneys stand to gain $$. And apparently the same complication could as easily have occurred with a different surgeon anyway.
Medical malpractice cases arise when a patient is harmed by a doctor or nurse (or other medical professional) who fails to provide proper health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority of cases, certain types of errors crop up more often than others. Read on to learn about the doctor and hospital mistakes that make up the bulk of medical malpractice lawsuits.
*AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories ─ legal ability and general ethical standards.
Roman law spread throughout continental Europe around 1200 AD, and many countries’ current laws regarding personal injury and medical malpractice derive from Roman origin. English common law was greatly influenced by the Romans, and in turn 19th century English common law had a substantial influence on the American legal system. During the reign of Charles V, a law took form that required medical professionals’ opinions to be taken into account in cases of violent deaths. This served as a precursor to the presence of expert testimony in medical malpractice cases in order to establish standard of care (for more information on standard of care, see “Medical Malpractice in the U.S.”)
We'll see what ends up happening on retrial, but I thought this was an interesting emerging area of law. What if the issue wasn't technical incompetence? How much "personal background" should a doctor have to tell a patient before treatment can begin? Medical school grades? Failure to pay income tax? Should doctors be required to disclose to patients the fact that they've been treated for mental illness themselves?
This Health Policy Report describes the malpractice system in the United States, examines its shortcomings, and analyzes the forces that have led to past and current malpractice crises. The authors review options for reform of the U.S. malpractice system. Conventional tort reforms include caps on damages, limits on attorneys' fees, and shortening of the statute of limitations. Experts have also proposed major system reforms, such as enterprise liability or administrative compensation.
Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient.[2] If a practitioner holds himself out as a specialist a higher degree of skill is required.[2] Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.[2]

If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
When you go to a hospital, you expect that the medical care you receive will make you better. But with multiple health care professionals in hospitals involved in your treatment, the risk of medical error increases. Sometimes, inadequate patient safety procedures cause hospitals to commit serious medical errors and patients are seriously or fatally injured. Our hospital malpractice attorneys are here for you.
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As for your attempt to on the one hand to frame doctors as greedy drug dealers responsible for for most of this countries drug abuse, while at the same time trying to shame them into believing that theirs is a selfless avocation, some kind of priesthood where anyone not willing to martyr themselves to an ungrateful public, shouldn’t be able to practice. -Well i think you’d better put down whatever pills you’ve been swallowing, and come back to reality. Medicine is a profession, and its filled with human beings, not saints or demons. Human beings who will choose their own well being over that of a potential enemy every time just as YOU would. And greedy lawyers, unscrupulous patients, and unwitting juries all over this country are increasingly causing doctors to view their patients as potential enemies.
In addition, if they lose the civil and/or criminal case it makes it easier for the patient to get the medical board to take action against the physician, rarely causing them to lose their license but maybe forcing them to take classes, pay a fine, they have to travel to the state capitol, the embarrassment of being dressed down by their peers, etc.
For more than 30 years, Hodes Milman has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
When your doctor or other healthcare provider fails to provide to you the proper, acceptable standard of care or treatment, he or she has committed medical malpractice. The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, negligence, lack of skill, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice. These claims are often quite complex, and the services of a hired medical professional are necessary in order to prevail. Michaels & Smolak uses the most qualified medical professionals, including medical doctors, to support their clients’ medical malpractice claims. If you want to find out more, contact us for a free consultation.
Interesting comments. My heart goes out to the doctors caught in the middle,as well as patients discovering to their chagrin the diiference between dependence and addiction. I have been treating addictions for over 20 years in both urban and rural areas in the northeast part of the U.S. I have found addiction does not discriminate but society still does, particularly by marginalizing and stigmatizing much in the same manner as we did for cancer years ago and HIV/mental illness more recently.
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In order to successfully prosecute a medical malpractice lawsuit, the party bringing the action (the plaintiff) must prove by a preponderance of the evidence that the negligent act of a healthcare provider caused injury to the plaintiff. The entire burden of proof resides on the plaintiff; the government need not even present a witness. In order to prove its case, the plaintiff must present the testimony of qualified experts who support his position. Identifying experts and working with them is a major part of preparing your case for trial. Our firm retains only experts of impeccable character and the highest professional credentials. We do this to ensure that when we get to trial, the United States will be unable to attack our case by attacking our experts.

While some diagnostic errors may be seen as reasonable, patient harm that stems from inadequate communication could be the result of negligence on the part of medical providers. Every case is different, and the strength of yours is in the details. To have those details reviewed by an experienced medical malpractice lawyer, contact The Tinker Law Firm, PLLC. Call us today or fill out our online contact form for a free claim evaluation.
The 10th US Court of Appeals reviewed various similar informed consent cases and found that courts took different views on whether or not lying to a patient about a physician's background could be considered a breach of informed consent. Some courts held that doctors could be found liable only if they lied regarding the risks of the proposed treatment. In this case, the appellate court decided that the patient should have had a chance to make the argument, and sent the case back for retrial on that issue.
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