Georgia medical malpractice

There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment - things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else. The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.

There is a specific medical malpractice law developed in many countries now. The law’s coverage may be different from one country to the other. Anyone providing medical care would come under this; which means even dentists, nurses, therapists and chemists would be included. Even hospitals and clinics would be charged for the mistakes of the employees.

Claims can be made by you incase of the following three things:

* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances.

* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.

* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.

Medical Malpractice Insurance

Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers. Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.

Malpractice Benefits:

Though almost all diseases come under medical malpractice, the five top most diseases that receive the highest monetary awards are:

1. Breast cancer

2. Lung cancer

3. Colorectal cancer

4. Heart attack

5. Appendicitis

The allegations made are mostly for delayed diagnosis or improper testing. So as a result of the delay, the patient suffers severe complications which may sometimes lead to death. This is the reason why large monetary awards are related with these diseases.

There are several obstacles for you to overcome to successfully win the award. The first thing that you should know is that you should start the case before the statute of limitations runs out. This is the time period under which the case should be filed, as in many areas compensation is not paid after the expiry of the time period. The second obstacle for you is to prove that it was malpractice and not just a medical error as a result of side effects caused by drugs or surgeries. So do not let your case be proved a medical error, which is considered normal.

For any legal advice you must consult a good and well practiced attorney or someone you can trust.

Stefan Rockhaus writes health related articles. Find further info and advice on Medical Malpractice at Medical Malpractice Lawyers - For related resources visit Information Point

Article Source: http://EzineArticles.com/?expert=Stefan_Rockhaus

How bad is medical malpractice these days? How bad are our hospitals? How many people die from mistakes each year? How much do all these mal-practice lawsuits cost our healthcare insurance and the over all industry? Is it all as bad as they say? If so, then what on Earth can we do to fix it?

Well these are all very good questions and I am glad you asked. We see many politicians and Healthcare Industry Professionals complaining about the lawyers on one side and then we see people having the wrong kidney or leg amputated, how on Earth can these things happen?

Well, medical malpractice in reality does occur although there are also many lawsuits, which are really not fair and most of the settlements or awards from kangaroo courts and sympathetic juries are a little disconcerting to say the least. Doctors complain often that they cannot afford to stay in business with malpractice insurance so high, thus prompting fewer doctors even though there is now a greater need.

With payouts in the multi-millions this means that mal-practice insurance costs have sky-rocketed in the last ten years. Of course these costs are passed on to all of us in higher premiums and hospital costs, which are causing catastrophic problems with our over all health care system. So please consider all this in 2006.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/. Lance is a guest writer for Our Spokane Magazine in Spokane, Washington

Article Source: http://EzineArticles.com/?expert=Lance_Winslow

A ruling passed by America’s Supreme Court said that the military personnel can not claim or sue for any injuries even if it was due to negligence. A ruling undertaken fifty years ago under the Federal Tort Claims Act (FTCA) prohibited military personnel for any military service injury happened on or off the job. This doctrine has been called unconstitutional by the present day judges as it makes judges to dismiss law suites forcibly. According to this Feres Doctrine, it was possible to claim for military medical malpractice by the dependence of military personnel. Thus a little security was still there for the families.

Not being able to claim or sue the government for any military medical malpractice has only given undue freedom to professionals to carelessly handle the law suites. This has been the view point of many critics including Jonathan Turley, Law professor, George Washington University.

Further according to Two Congressional Acts, the dependents of personnel can claim for injuries due to military medical malpractice. Where on one hand, FTCA let dependents sue the federal government for medical malpractice at a military area in U.S. on the other hand the military dependents are eligible to sue the government even if the malpractice has occurred in a military facility outside U.S as per the Military Claims Act (MCA).

Voices have been raised by groups of veterans concerning the standard of care given in Veteran Administration hospitals. Very recently they voiced out their concern regarding the low quality service in the hospitals. The bad situation is being confirmed by regular inspections at a Seattle Washington VA hospital. The facilities are found to be unhealthy along with inappropriate medical devices, insufficient cleaning and reuse of medical objects.

The lawsuits do exist under the FTCA ruling against military medical malpractice but the process is too complicated. In case of an injury if you want to claim for the damages by a medical practitioner then you are supposed to make an administrative claim against the VA hospital. The sue can be charged only then on the amount of damages you have suffered. While filling up the claim you might not know what would be the exact damage amount and later you can not claim for any further amount in case it exceeds. If you want to you will have to look for strong evidence. A military defense lawyer is to be consulted if you want to reimburse the damage.

Looking at recent protest of veterans against the substandard facilities at VA hospitals has really created an outrage in the people. As a result of the continuous deplorable medical facilities three Pentagon officials have been fired as of now. Reports have also shown that the staff members are also not being truthful to their work and the lack of supervision and sincerity among the practitioners is a common site.

There is a serious need of modifications or complete changing of the laws in case a better facility is to be provided to the citizens.

For more information visit on link: Military defense lawyer and military medical malpractice.

Article Source: http://EzineArticles.com/?expert=Mike_Peter_Davidson

Healthcare provider’s job is slightly different from other professionals. They have the responsibility of taking care of thousands of live and that is why trustworthiness and a sense of responsibility are the biggest requirements in this industry.

Professionals working in the healthcare industry have to remember what their duties are to people at all times. We go physicians for treatment and expect them to take proper care because they have the expertise to do so. However, there are some physicians, dentists, hospitals and nurses who forget their duties to patient. Instead they act careless and cause further problems, or even death. This reckless behavior falls under the medical malpractice section of the law. Medical malpractice is punishable and those found guilty have to compensate the victim or the victim’s family.

There are certain health standards and norms that healthcare providers have to adhere to; and negligence in adhering those standards and norms is punishable by law. People have the liberty to sue healthcare providers if they feel that their standard of service is not as per expectation.

Most states in the U.S. have certain laws to prevent the interests of patients. These laws guide lawyers on how to handle medical malpractice cases so that victims get justice. However, the law varies from one state to another. In some states, a special panel is appointed to investigate the case, while in other states there is a cap on how much compensation a victim can receive. Having a lawyer who is experienced in handling similar cases is very important as he is the one who can make or break your case depending on how he handles it.

About Author: Pauline Go is an online leading expert in medical industry. She also offers top quality finance tips like:

Spot Fake Doctor Note, Find Medical Malpractice Lawyer, Find a Dentist

Article Source: http://EzineArticles.com/?expert=Pauline_Go

If you have been the victim of medical malpractice, there are attorneys who specialize in helping you recover damages that you are entitled to as a result of the negligence. Texas medical malpractice lawyers will review your case during, what is often, a free consultation. Being injured can leave you with a feeling of depression and helplessness, especially if it is the fault of someone else.

In order to file a medical malpractice claim, the victim should get a 2nd opinion from a qualified physician. Common malpractice suits stem from incorrect operations and improper prescriptions or diagnosis. Texas medical malpractice lawyers will ask to see medical reports, x-ray results and other information relating to any/all treatment that you have undergone. The 2nd opinion, in this instance, would be for the purpose of determining whether of not you have been improperly treated by another physician. You will likely need another physician to verify your claim of medical negligence by another doctor or facility as this will help to strengthen your legal case.

Damages that Texas medical malpractice lawyers may seek include lost wages if you have had to take time away from your work to recover, the cost of medical bills and a reasonable sum for pain and suffering. It will be easier to begin to arrive at a cost of damages once your medical treatment has concluded. If, however, you will require medical treatment for the rest of your life, Texas medical malpractice lawyers can try to negotiate arrangements for a lifetime compensation plan for future medical costs.

After reviewing the information that you provide, Texas medical malpractice lawyers will begin settlement negotiations on your behalf. It’s important to seek legal advice quickly if you feel that you have been a victim of medical malpractice. In order to help protect your interests, Texas medical malpractice lawyers will make sure that your personal injury claim is filed in a timely manner. Each area has specific deadlines that must be met in order for a claim to be honored and, if this timeframe is not met, all future compensation may be forever lost. The settlement process can be lengthy, so patience is key at this point. A series of letters and telephone calls will likely be exchanged before an acceptable settlement can be reached. Once a settlement is agreed upon, Texas medical malpractice lawyers will deduct their commission before providing you with the remaining sum. A retainer agreement will be signed between Texas medical malpractice lawyers and yourself, which will outline the fee schedule as it relates to any settlement or judgment. In the event that a case is unable to be settled, it may proceed to trial. The trial process is lengthy and expensive, which is why cases are often settled out of court.

They simply possess an excellent level of competence and expertise that most personal injury lawyers in the United States are still trying to learn from. Anyone who has mastery over a subject matter performs with ease and desired results are often achieved. This is the true mark of a professional: he does not stop until he wins excellence in his field; and in personal injury cases in the United States, Florida Accident Lawyers have what it takes to win.

It is a challenge to win in a medical malpractice case today. The road leading to a verdict favorable to the client is strewn with more stumbling blocks than what an ordinary case has to step or climb over. Understandably, the health care industry has power in the right places, and the resources to spend at will when necessary.

“Stumbling Blocks” to a Sure Win:

State Laws:

The task of Florida Malpractice Lawyers to win their client’s claims against medical malpractice became even harder with the passage of laws in most states, which provides protection to medical practitioners. Unless a client’s personal injury lawyer has solid experience in this field, a client’s claim will be fraught with difficulty.

Legal “Caps”:

One of the legislations passed by most states is to establish limits or “caps” as to the amount that can be received by the plaintiff in a medical malpractice case. Damages can be awarded, but within the limits established by the courts. This apparently gives protection not only to medical professionals, but to the entire medical industry as this legislation covers hospitals as well. This legal limit extends to attorney’s fees that the courts will allow should a medical malpractice claim wins.

Time Limit:

In most states, unless an extension is accommodated by the courts in special cases, prescription period in filing claims against medical malpractice cases is only two years.

The “Seal of Secrecy”:

One of the requisites to an indisputable medical malpractice claim to proceed is the issuance of a “Certificate of Merit” by an authorized third party who is a member of the medical community. His task is to review the case as to its merits, and when he finds out that there is legal basis sufficient enough to file a claim against a medical professional or a medical provider, which is the hospital, he executes the certificate.

What makes this a stumbling block is the fact that the issuing party is also a member of the medical industry, and most are unwilling to testify against a colleague. It is a real challenge to locate someone who will declare in writing that his fellow practitioner has performed a negligent act or has provided poor health care. This reluctance by doctors is what most Florida Lawyers refer to as “seal of secrecy” in the medical profession.

Shared Responsibility in some cases:

The medical community, though large and dispersed across the United States, has programs or associations where most of the medical professionals belong to. When a medical situation develops in a patient, it is not unlikely that a fellow consults another. Whatever procedure or medical approach is performed may not be the handiwork of just one professional, and filing a claim against one impacts those who may not have performed the malpractice, but in theory had. Similar to no. 4, this makes the situation sticky, and more likely, no one will deliberately point an accusing finger to someone. It may be a tough one, but Florida Lawyers are not undaunted by any challenge. They are equipped, they are ready. That’s why they are the best.

Markus Skupeika
Top Attorneys in Florida offering a no risk, no payment unless case is won.

Article Source: http://EzineArticles.com/?expert=Markus_Skupeika

Medical malpractice is the third leading cause of death in America. 98,000 deaths occur each year by preventable medical mistakes. There are many types of medical professionals that are negligent and may be responsible for a loved ones injury, disability, or death. These include but are not limited to physicians, physician assistants, nurses, pharmacists, hospitals, or skilled nursing facilities. When medical professionals make mistakes the law requires that they are held accountable for it.

Medical Malpractice is defined as “professional negligence where the healthcare provider deviates or departs from the accepted standard of care, causing an injury. 90% of medical malpractice cases don’t get filed, and you should be aware of the many ways you can be victimized by medical malpractice. The following is a list of common examples of medical related malpractice:

Misdiagnosis of an illness, failure to diagnose or delay of a diagnosis

Birth Injuries

Oxygen deprivation is one major cause and so it mechanical trauma. This may occur when the baby assumes an unusual position at the time of birth or when the baby is too large to pass through the birth canal easily.

Surgical Complications

Mishandling of medications

Prescription Errors

Failure of hospital staff or a pharmacist to dispense the right medicine to the right patient in the correct amount

Inappropriate or substandard treatment

Failure to provide treatment

Failure to follow-up on a patient

Failure to informed consent

Anesthesia-related complications

Failure to safely administer anesthesia

Failure to prevent patient injuries ( such as falls ) on medical facility property

Failure to follow Advance Directive

An advance directive tells your doctor what kind of care you would like to have if you become unable to make medical decisions.

If you or a loved one has suffered as a result of medical malpractice, you should consider seeking legal advice immediately. You may be entitled to monetary compensation that will cover your future medical costs and pain & suffering. There are many qualified medical malpractice attorneys near you that can help you get the compensation you deserve.

It was once thought that under the Charitable Immunity Doctrine hospitals were immune from liability. Modernly, charitable immunity encourages sloppiness. If there is no specter to tort liability for one’s negligence then where is the incentive to exercise the best reasonable care possible if the failure to do so has no consequence? Some jurisdictions have reformed this doctrine to include partial caps on charities mostly out of public policy considerations.

Today, more and more courts are finding hospitals liable for their negligence through what is called the Apparent Authority or Agency by Estoppel doctrine. Here’s a typical example of how this doctrine works:

When one goes to a hospital and is treated by a physician at that hospital, if that physician commits medical malpractice, there is a very good argument that the hospital should be vicariously liable because they have given an apparent authority to that doctor. In other words, the hospital has given the doctor its stamp of approval and the hospital should be stopped from denying that it approved this doctor to practice medicine and see patients in its hospital.

Another term for this is Agency by Estoppel. An agency relationship is created between the hospital and its doctors; thus, they cannot deny that the relationship exists. If you are in that hospital and that doctor commits malpractice on you, then you may have a very nice claim for vicarious liability against the hospital because the hospital may be vicariously liable for the medical malpractice of independent physicians practicing medicine on their premises.

http://www.gotaccident.com

Article Source: http://EzineArticles.com/?expert=Rick_Rathke

Illinois medical malpractice lawyers face long trials steeped in endless expert testimony, caveats in civil procedure and usually hundreds of thousands of dollars at risk, all the result of emotionally heart wrenching cases involving deaths, amputations, paralysis, brain damage, and almost always, pain and suffering. Among the critical roles that attorneys play in medical malpractice cases, the role of proving pain and suffering is one of the most challenging.

Paralyzed in silence on an operating table, a 53-year-old patient was unable to react when he experienced anesthesia awareness during open heart surgery. He suffered the pain of a bone saw cutting through his sternum and jolts of excruciation as doctors shocked his heart. He listened in agony to conversations among the surgical team that was completely oblivious of his anesthesia awareness. The patient was unable to move, scream or give any kind of indication that he was in pain. After surgery, the patient was diagnosed with post-traumatic stress syndrome. The patient hired a lawyer to raise pain and suffering as a cause of action in a medical malpractice case. Although there was no other cause of action involved in the case, the patient was awarded $262,500.

Most Illinois lawyers know that as of 2001, pain and suffering is no longer just an element of damages, but a cause of action in medical malpractice. It is every medical professional’s duty to treat and effectively control pain. Inferring that pain is all in a patient’s head is no longer a valid defense.

Pain and suffering cannot be seen or heard and usually, there is no physical evidence to prove its existence. Illinois lawyers are called upon to prove the invisible, working against hundreds of years of social and cultural ideologies, to show the 12 member juries what is silently tormenting their clients.

To make matters more complicated for medical malpractice lawyers, medical professionals usually disregard pain and suffering. In order to treat severely injured patients effectively, many of the best doctors do not allow themselves to empathize. As a result, pain and suffering is a symptom that is easily ignored.

In addition to medical professionals, juries can also be unwilling to empathize with patients who raise pain and suffering as a cause of action for medical malpractice. Illinois medical malpractice lawyers have to work against strong political beliefs and viewpoints of jurors. Republican-minded jurors tend to be less sympathetic with a patient’s pain and suffering and more cognizant of the need for tort reform. There is a strong ideology that patients should be able to deal with pain and not open the floodgates of new litigation into the judicial system. Unlike other causes of action, such as severe burns, quadriplegia, and mutilation, pain and suffering is invisible and impossible to objectively quantify, so it is all too often disregarded.

When jurors have blind faith in both the medical community and politicians, it can be difficult for Illinois medical malpractice lawyers to garner sympathy for patients who have no scars or physical proof of pain and suffering. Thus, plaintiffs who endure undue pain and suffering that breaches the standards of care, have a cause of action for medical malpractice, but still face the challenge of presenting a case that can break through the social and political ideologies of jurors.

The July 2006 edition of The Economist reported that understanding pain and suffering is one of leading neurological issues of our time. The old saying “it’s all in his/her head” is not too far off base, as pain and suffering truly is regulated by nerves in the brain. Unfortunately, the human brain is one of the least understood areas of medical science, and many patients continue to endure it. As long as pain is silently endured, Illinois medical malpractice lawyers face the challenge of proving that it exists.

Emily Gleason is a law student at John Marshall in Chicago. For more information about Illinois medical malpractice laws, please visit http://www.findgreatlawyers.com//MedicalMalpractice.php , a leading resource for referrals to Illinois medical malpractice lawyers and Illinois medical malpractice information.

Article Source: http://EzineArticles.com/?expert=Emily_Gleason

You may have seen it on television on or two times because it is usually very controversial. And in addition to that it is every doctor’s nightmare. Medical malpractice is a very serious charge and is one that is sure to destroy a doctor’s credibility if proven at fault. Put simply, medical malpractice is defined as an act or omission of a health care provider which leads to the patient’s injury and deviates from accepted medical standards. Put simply, it is the height of negligence for any medical practitioner. Doctors charged with medical malpractice are sure to have their reputations damaged or much worse.

Plaintiffs usually must assure the following before medical malpractice can be proven or charged:

There is a duty owed- there is a legal duty whenever a hospital or health care provider gives care to the patient.

This duty was breached- the hospital or provider did not conform to the accepted care standards. Witnesses, reliable testimony or self explanatory evidence is needed for the case to hold any water.

The breach caused injury to the patient

Damages- these may be pecuniary or emotional but damages are definitely needed for a medical practitioner to be liable. These can be compensatory (economic and non-economic) or punitive (in the case of reckless conduct) in nature. Non-economic damages can be the injury itself, the loss of limbs, senses, a loved one or severe emotional distress.

Medical malpractices are very serious cases. In some cases, the guise of medical malpractice has been used to mask the presence of murder. Physicians and medical practitioners can go to jail for a long time if proven guilty and be made to pay millions of dollars in damages depending on how serious the case is.