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Medical Malpractice Indiana | Medical Malpractice Attorney Arlington Heights

If an expert testifies that a doctor had the opportunity to diagnose cancer earlier but failed (negligently) to do so, it would then have to be shown through complex medical evidence that the patient suffered additional harm. Proving that a delay in diagnosis lead to additional injury – death from cancer that otherwise may have been cured, or prolonged treatment and suffering that should have been avoided – is necessary to establish a medical malpractice claim.
In the United States, there are many jurisdictional issues that could bar bringing a claim in an American court. Litigants would have to establish that the doctor had sufficient contacts with the United States for it to exert jurisdiction over him or her. Even if the court does find that it can take jurisdiction over the case, it has to determine which nation and state’s laws would apply.
Experience: All attorneys are not created equal. Many attorneys today work as general practice attorneys, meaning they handle all types of cases from criminal matters to civil suits. However, if you have experienced a case of medical negligence, it is important to have an attorney who specializes in medical malpractice. You do not want a lawyer whose first trial is going to be this case. Even attorneys who specialize in civil matters rarely go to court, as many of their cases settle without a trial. At The O’Keefe Firm, Stephen O’Keefe has had years of actual trial experience specializing in medical malpractice cases. Although your case may be resolved without stepping into the courtroom, you can be assured that Mr. O’Keefe has the trial experience necessary to fight for your rights in front of a jury.

In most cases, doctors are not considered the direct employee of the hospital, but rather independent contractors. However, in some situations, doctors are employees. Doctors are more likely to be found to be employees of the hospital if the hospital controls the doctor’s working hours, vacation time and the fee schedule for the doctor’s services. In a few exceptions, a hospital may be found to be liable for a non-employee doctor’s services.
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.
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Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.
The short answer to your question is: MAYBE. I know that sounds a bit squishy but I’ll explain. The reason the answer is “maybe” lies in the definition of medical malpractice — A doctor’s failure to comply with the prevailing standard of care in rendering (or failing to render) medical care and treatment to a patient which results in compensable harm.
Still, in a few cases, it is possible to say that the doctor or other medical professional acted so poorly that their behavior was actually criminal. The most common instances are those in which doctors or other medical professionals issue prescriptions to patients in dosages that they know, or should know, could be dangerous. An example of such a prosecution was the doctor who prescribed pain medications to famed pop singer, Michael Jackson. Other examples of criminal misconduct by doctors include surgeons attempting procedures while impaired by drugs or alcohol, or so-called “pill mills” that prescribe medications in volumes that could only be used for illegal distribution.

Your safety and health should always be your first priority in any medical decision you make.  If you have already been injured by a doctor’s negligence or mistake, report the problem to your doctor immediately and seek immediate medical treatment from a different physician.  If you identify problems early, another physician may be able to improve the medical error.
Healthcare providers at both private and public hospitals, in emergency rooms, and at all other healthcare facilities owe a duty of care to every patient. When the negligence of a doctor, a nurse, or any other healthcare provider causes an injury or a fatality, it is imperative for the victims and their families to seek sound legal advice and reliable answers to their questions and concerns. To prevail with a medical malpractice claim against a public or private New York hospital, the victim must show that a doctor or someone else employed by the hospital violated the professional and legal duty of care to the patient.
The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush, 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees and contractors.[8]
Whether a judge will conclude the case involves professional medical negligence or simply “standard” negligence is sometimes difficult to discern ahead of time. For example, if a medical technician leaves a guardrail too loose on a patient’s bed, is that professional medical negligence or standard negligence? Different courts have answered similar questions in different ways.
“There are no easy answers, but there are a number of practical steps that can bring stability to an ailing industry,” he says. “In my view, mediation is one of the best options we have available to us and it should be promoted and embraced (by plaintiffs and defendants) more widely. Mediation is inherently a process of reconciliation as opposed to litigation, which is adversarial (and unpleasant).
Doctors must abide by what is called “the duty of informed consent”. This means that a doctor is obligated by law and by professional ethics to warn patients of all known risks of a procedure or course of treatment. If a patient who had been properly informed of risks and potential side-effects would have elected not to proceed, the doctor MAY be liable for medical malpractice. Similarly, if the patient is injured by the procedure – or during the course of treatment – in a way that the doctor should have warned could happen but didn’t, the doctor may be liable for medical malpractice.
You must show that you had a physician-patient relationship with the doctor you are suing. Basically what this means is that you hired the doctor and the doctor agreed to be hired. So if you were harmed while following the advice of a doctor you overheard talking at a bar, you do not have a malpractice claim. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
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]
Any of these areas of conduct could classify as negligent practice, and if it can be shown these actions caused identifiable loss, damage, pain, or injury to you, there may well be a case to report a negligent Doctor to the British Medical Association (BMA). You should also check whether the hospital has a Patient Liaison and advisory service (PALS). If they do, you can complain directly to them, and they will investigate your complaint and provide a decision whether your complaint is justified. PALS will not, however, provide legal advice whether the actions or omissions of the Doctor were negligent.

If you file a complaint with the medical board and then file suit, know that the medical board can only take administrative action against the doctor’s license to practice medicine. It can’t help you pursue a medical malpractice case. It also can’t disclose any information that it collects during the course of its review with you or your family members.


For instance, my friend battled to get through to her local practice last week. When she finally did, she was told that there were no appointments for the next three weeks! Of course, like most working people, she was after an evening appointment, which are a tad difficult to get hold of. Yet these are the slots that many of us want – in our 2009 survey, half of the 2,400 people we asked wanted appointments outside of 9am to 5pm.
To discuss your potential medical malpractice claims with one of our compassionate Connecticut personal injury lawyers contact our law offices in Stamford or Bridgeport today. Our dedicated medical malpractice lawyers will provide a free initial consultation to help you evaluate whether you have a viable legal claim and explain your options for moving forward.
Unfortunately worker compensation doctor are not your personal doctors and it is not their job to help you. They only serve the role to provide medical information and determinated for review by the board. If you're not pleased with your current attorney I suggest you tell him and if that does not resolve the problem then you should retain a new attorney
Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself. But for your doctor’s breach of the standard of care, would your injuries have occurred? If your answers are “yes” and “no” to those questions, your case may have a shot. If you can allege, with expert support, that your doctor breached the standard of care, and but for his breach your injuries would not have occurred, your case will likely not be immediately dismissed.
There is a statute of limitations (or time limit in which you can file a lawsuit) for medical malpractice cases. This limit varies from state to state, but in general it is about two years from when the injury occurred. To ensure you file a claim before the statute of limitations is up, you should reach out to a medical malpractice attorney as soon after you realize doctor error occurred.

First, you must show that the health care provider acted negligently. Medical negligence occurs when a professional violates the standard of care. The standard of care is the professionally accepted method for treating a specific disorder. This standard varies depending on a number of factors including the patient's age, overall health, and specific disorder, as well as geographic location.


Still, in a few cases, it is possible to say that the doctor or other medical professional acted so poorly that their behavior was actually criminal. The most common instances are those in which doctors or other medical professionals issue prescriptions to patients in dosages that they know, or should know, could be dangerous. An example of such a prosecution was the doctor who prescribed pain medications to famed pop singer, Michael Jackson. Other examples of criminal misconduct by doctors include surgeons attempting procedures while impaired by drugs or alcohol, or so-called “pill mills” that prescribe medications in volumes that could only be used for illegal distribution.
Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are not available in all states and, when allowed, are usually only awarded in the event of wanton and reckless conduct.
Lucie anything to do with your lungs should be taken seriously .A lung infection makes its way down your lungs starting with upper congestion ,it is not something that “goes away ” unless you have a high body resistance and it lasts for a long time (years). It can cause permanent scarring to the lungs and giving you a low dose of anti-biotics without an x- ray and hospital investigation can not only only be temporary relief it can make the infection stronger because it can easily overcome the anti-biotics if the infection is deep enough . If the pills the doctor gave you didnt work inn the long run and you still have it and it is getting worse then your health is in serious danger at the very least of permanent lowering of lung efficiency , which if you had an accident and needed serious surgery would hamper your ability to be given anesthetics via the mouth . While this is the serious end of it , this is something nobody should make light of , if your doctor is not ,in your eyes performing his duties of keeping you in good health you can complain to the county council and also the medical authorities . Your health is in YOUR hands please dont leave this Lucie. I have worked in hospitals (infectious diseases ) and that includes serious lung infections and the results thereof .
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.
Jason Konvicka: Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.
A word of caution on the types of medical errors described below: Keep in mind that just because a doctor made a mistake or a patient was unhappy with a course of treatment or its outcome, that doesn't mean malpractice necessarily occurred. In order to meet the legal definition of medical malpractice, the doctor or medical provider must have been negligent in some way -- meaning the doctor was not reasonably skillful or competent, and that incompetence harmed the patient. (To learn more about what does and does not constitute medical malpractice, see Nolo's article Medical Malpractice Basics.)

An adult who is injured at a New York City municipal hospital has ninety days from the date of the injury to file a medical malpractice claim. Claims for injured children, however, may be filed until three years past the victim’s 18th birthday, but legal action must still take place within ten years from the date of the malpractice incident and injury.
A a 2004 Congressional Budget Office (CBO) report using data from a private actuarial firm and the Centers for Medicare and Medicaid Services (CMS) found that malpractice costs (excluding "defensive medicine") account for less than 2 percent of health care spending.[51] A 2006 PriceWaterhouseCoopers report for America's Health Insurance Plans (a health-insurer trade association) used the 2 percent figure and an extrapolation from the Kessler and McClellan report to estimate that the combined cost of insurance and defensive medicine accounts for 10 percent of total health care costs in the U.S.[52]
The D.C. Circuit Court of Appeals disagreed, stating that “true consent to what happens to one’s self is the informed exercise of a choice, and that entails an opportunity to evaluate knowledgeably the options available and the risks attendant upon each … it is the prerogative of the patient, not the physician, to determine for himself the direction in which his interests seem to lie.”
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