Medical Malpractice Lawyers
A Medical Malpractice Lawyer of Attorney Referral Service pursues professional negligence and causes injury or death to the patient. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. An Attorney referral service Medical malpractice lawyer has extensive experience in Medical malpractice claims.
Types of Medical Malpractice Cases an aa attorney referral service Medical malpractice lawyer has experience in include
- Breast Cancer Misdiagnoses
- Transvaginal Mesh
- Actos baldder cancer
- yaz yasmin
- Anesthesia Error lawyer
- Disease Not Diagnosed
- Birth Injury lawyer
- Birth Trauma lawyer
- Blood Transfusion Injury lawyer
- Brachial Plexus Palsy
- Brain Injury medical malpractice lawyer
- Cancer Misdiagnoses lawyer
- Cerebral Palsy
- Cerebrovascular Accident
- Complications Not Diagnosed
- Contaminated Instruments
- Cosmetic Surgery Error lawyer
- Wrongful Death From Childbirth Medical malpractice lawyer
- Diagnostic Error medical malpractice
- Doctor Errors
- Doctor Negligence and medical malpractice
- Emergency Room Errors
- Emergency Room Misdiagnoses medical malpractice
- Equipment Failure
- Erbs Palsy
- Esophageal Cancer
- Extravasation Injury
- Facial Paralysis
- Failure to Diagnose
- Failure To Prevent Blood Clot
- Failure to Prevent Injury
- Failure to Suspend Medication
- Gastric Bypass Error
- Heart Attack Misdiagnoses
- HELPERR Mnemonic
- Hospital Errors
- Hospital Malpractice
- Hospital Mistakes
- Hypoxic Ischemic Encephalopathy
- Incorrect Incision
- Incorrect Operation
- Infections in Hospitals
- IV Errors
- Laboratory Mistake
- Laparoscopic Cholecystotomy
- Lung Cancer Misdiagnoses
- Medical Malpractice
- Medical Malpractice Attorney
- Medical Malpractice Caps
- Medical Malpractice Cases
- Medical Malpractice Claims
- Medical Negligence
- Medication Allergy
- Medication Mistake
- Misdiagnoses
- Missed Diagnosis
- Nerve Damage
- Neurology Malpractice
- Nursing Error
- Nursing Home Negligence
- Nursing Mistakes
- Ob/Gyn Errors
- Obstetrical Mistake
- Organ Damage
- Over-diagnosed Conditions
- Paralysis
- Pediatric Errors
- Plastic Surgery Error
- Poor Preoperative Care
- Postoperative Infections
- Prescription Errors
- Preventing Misdiagnoses
- Prolonged Surgery
- Shoulder Dystocia
- Strategies of Tort Reform
- Surgical Errors
- Surgical Infection
- Surgical Injury
- Surgical Mistakes -Surgical Injuries
- Tort Reform
- Types of Brachial Plexus Palsy Injuries
- Under-diagnosed Conditions
- Underlying Disease Not Diagnosed
- Unsanitary Conditions
- VBAC
- Veteran Administration Medical Malpractice
- Wrong Dose
- Wrong Medication
- Wrong Patient Surgery
- Wrong Site Error
- Wrong Site Surgery
- Wrong Type of Disease Diagnosed
- Wrongly Diagnosed
What is a Medical Malpractice case
You must must prove all four elements of medical negligence for a successful medical malpractice claim before he may sue a doctor. It is up to the medical malpractice lawyer to prove these in a court of law.
- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors.
- The breach caused an injury: The breach of duty was a proximate cause of the injury.
- Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without medical negligence, for example, when someone dies from a fatal disease.
Medical Malpractice Damages
Damages in medical malpractice cases may include compensatory and punitive damages. Compensatory damages (both economic and non-economic) include:
- financial losses such as lost wages (sometimes called lost earning capacity),
- medical expenses and life care expenses.
- past and future economic losses.
- 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 only awarded in the event of wanton and reckless conduct. Attorney Referral service believes:
Individuals should be protected and a duty was owed to you by the health care provider or facility. Our medical malpractice lawyers will work aggressively to make sure you are compensated. "Since 1997 fighting for justice for injured people."
Medical Malpractice Statistics
(sources: National Association of Insurance Commissioners, the Institute of Medicine of the National Academy of Sciences, medicalmalpractice.com)
- Fewer than one-half of 1% of the nation’s doctors face any serious state sanctions each year. 2,696 total serious disciplinary actions a year, the number state medical boards took in 1999, is a pittance compared to the volume of injury and death of patients caused by negligence of doctors.
- Medical students at SUNY-Buffalo were asked to recall incidents during their clinical training that raised ethical concerns. More than 200 students responded (40% of total sample); the majority of instances they reported (60%) did not in the researchers’ opinions threaten the patient’s life, health or welfare. This, however, implies that potentially 40% did.
- residents excessive work hours Their longest period without sleep during their first year of residency was an average of 37.6 hours — 25% reported being on-call in the hospital a total of over 80 hours per week. Surgeons reported the highest average hours of on-call time per week (72.5).
- Just 5.1 percent of doctors account for 54.2 percent of the malpractice payouts, according to data from the National Practitioner Data Bank. Of the 35,000 doctors who have had two or more malpractice payouts since 1990, only 7.6 percent of them have been disciplined. And only 13 percent of doctors with five medical malpractice payouts have been disciplined.
- Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical negligence, the Institute of Medicine found. A survey of doctors and other adults released in December in the New England Journal of Medicine found that more than a third of the doctors said they or their family members had experienced medical errors, most leading to serious health consequences.
- There is no growth in the number of new medical malpractice claims. According to the National Association of Insurance Commissioners, the number of new medical malpractice claims declined by about four percent between 1995 and 2000. There were 90,212 claims filed in 1995; 84,741 in 1996; 85,613 in 1997; 86,211 in 1998; 89,311 in 1999; and 86,480 in 2000.
- Insurance companies are raising rates because of poor returns on their investments, not because of increased litigation, jury awards or patients seeking to sue a doctor, according to J. Robert Hunter, director of insurance for the Consumer Federation of America. Recent premiums were artificially low.
- Medical Malpractice insurance costs amount to only 3.2 percent of the average physician’s revenues.
- Few medical errors ever result in legal claims. Only one medical malpractice claim is made for every 7.6 hospital injuries, according to a Harvard study. Further, plaintiffs drop 10 times more claims than they pursue, according to Physician Insurer Association of America data.
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