Medical malpractice litigation is highly complex and expensive, and selecting a skilled attorney to represent your claim is important in reaching a successful resolution.
With the personal stresses and without any way to separate out which attorneys truly know how to handle a medical malpractice case, many people will hire the wrong lawyer. A further part of the difficulty an injured person deals with when he or she considers a lawsuit is the perceived role of lawsuits in today’s society.
When you choose The Eisen Law Firm you get focused, exclusive Medical Malpractice representation in Ohio. We focus exclusively on medical negligence and wrongful death cases. Why such a narrow focus? For the same reason heart surgeons don’t deliver babies: because the development of expertise requires extensive experience in a narrow field.
Choosing the right medical malpractice attorney is crucial. What we offer is experienced, aggressive representation with client’s interests as our primary concern. We believe that recovering monies for victims of medical malpractice can affect our clients and their families for the rest of their lives.
Jan 13, 2022 · 55 YEARS OF COMBINED EXPERIENCE. With over 55 years of combined experience in medical malpractice, Linda Thomas and Michelle Wan are the lawyers you need to fight for your family’s rights. At Thomas & Wan, we have handled cases for birth injuries, injuries to moms delivering babies, brain injuries from surgery, lack of oxygen during hospital procedures, failure …
Medical malpractice lawyers represent clients suing medical practitioners for professional misconduct (malpractice). Medical malpractice attorneys perform general civil litigation tasks and work with medical experts, analyze medical records, and conduct medical research.Sep 17, 2020
Three of the most common defense strategies in medical malpractice cases are:rejection of expert testimony.reduction or elimination of damages, and.absence of causation.
In fact, it's estimated that 440,000 people are killed by medical errors every year, making it the third leading cause of death in the world, after heart disease and cancer. In other words, medical malpractice is responsible for 1,200 fatalities a day.Jul 22, 2019
Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.Jun 2, 2020
Below are some basic first steps in bringing a medical malpractice case.Contact the Medical Professional Involved. ... Contact the Relevant Medical Licensing Board. ... Know How Long You Have to File a Claim. ... Get a Medical Assessment to Confirm Your Case Has Merit. ... Consider an Out-of-Court Settlement.More items...•Jul 2, 2019
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
What Are the Four Elements of Medical Malpractice?Duty: The duty of care owed to patients.Dereliction: Or breach of this duty of care.Direct cause: Establishing that the breach caused injury to a patient.Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.
Misdiagnosis. Diagnosis is the foundation of medicine and patient care, which is also the likely reason errors in diagnosis are the most common type of medical error leading to medical malpractice lawsuits.Oct 19, 2020
Medical malpractice is the breach of the duty of care by a medical provider or medical facility. ... Medical negligence applies when a medical provider makes a “mistake” in treating patient and that mistake results in harm to the patient.
Signs Of Medical MalpracticeYour Treatment Isn't Working. ... Your Treatment Doesn't Make Sense With Your Diagnosis. ... Your Doctor Failed To Order Anything More Than Basic Lab Tests. ... You Got A Second Opinion That Was Different Than Your Diagnosis. ... The Hospital Or Care Facility You Stayed In Seemed Understaffed.More items...
The 4 predominant reasons prompting patients to file a lawsuit included 1) a desire to prevent a similar (bad) incident from happening again; 2) a need for an explanation as to how and why an injury happened; 3) a desire for financial compensation to make up for actual losses, pain, and suffering or to provide future ...
Brian Eisen, Managing Partner of The Eisen Law Firm, has a unique ability to analyze cases, and he is personally and extensively involved in every case in the office. With a degree in Neurobiology from Harvard College, he quickly understands the medicine involved in medical negligence cases and can relate the medicine to the applicable law. Mr.
Some lawyers and law firms are afraid to go to trial. They talk a good game, but they always settle. And defense attorneys and insurance companies quickly learn which firms will try cases and which firms won’t. Those that won’t typically are offered a lot less in settlement negotiations than those who will take the case to a jury verdict.
Most healthcare professionals have an attorney on hand to represent them and they might have previously encountered malpractice suits. It is imperative that you select a medical malpractice attorney who has successfully handled Tampa malpractice claims.
If the negligence of a medical provider caused you injury, our medical malpractice attorney might be able to help you proceed with a lawsuit so you can get compensated for your damages. We will prepare your Tampa legal claim by:
When a patient suffers injuries because of a medical professional’s negligence, a lawsuit might help recover damages. In Florida, the injured party must prove these four elements to have a successful medical malpractice claim:
Here is a hypothetical scenario regarding medical malpractice. If you go to the nearest emergency room suffering from stomach pains, a medical provider will question you about your symptoms. This doctor will then determine what treatment should be administered. You have now established a doctor – patient relationship.
Damages for medical malpractice claims are designed to provide compensation for the patient’s harm resulting from the medical provider’s negligence and an experienced medical malpractice attorney can get you a better settlement. In fact, the more experience the medical malpractice attorney has the better settlement you are likely to win.
Medical negligence involves hospital error, committed by the hospital or physician negligence resulting in medical errors. Hospital error can be in the form of leaving a contaminated piece of equipment around and causing injury to a patient, or not cleaning an instrument properly thus causing infection.
There is a statute of limitations according to laws in certain states. This means there is a limited amount of time in which someone who is hurt can proceed with a medical malpractice claim against the negligent medical provider.
As today’s healthcare world becomes more complex, there are unfortunately many more opportunities for medical malpractice to occur. Whether in a hospital or doctor’s office, some of the most common examples of medical malpractice include: 1 Performing surgery deemed unnecessary 2 Failing to diagnose cancer, heart attacks, or other serious impending illness 3 Anesthesia errors during surgery 4 Failing to properly monitor patients 5 Improperly reading x-rays or other test results 6 Giving incorrect medication or dosage of medication 7 Using procedures during childbirth that result in such injuries as Cerebral Palsy
Florida law defines medical malpractice as any situation where health care falls below a reasonable standard of care.
Jack Bernstein, Injury Attorneys offer free consultations for medical malpractice cases in Tampa, Florida. The best lawyers in this field never allow their clients to be intimidated, and also are never intimidated themselves when dealing with the complexities of medical malpractice cases. We will be able to provide an objective view of your case, and be your representation to the insurance companies or defendants.
When providers fail to provide care at this level and it results in an injury or other consequence, they can be held accountable for any damages related to the injury.
If your physician deviated from the expected standards, they could be held liable.