An Overview Of Medical Malpractice
Unfortunately, Medical Malpractice occurs all too frequently. Medical and governmental studies have shown that more than 200,000 people die each year due to improper medical treatment or advice. Approximately 2,000 deaths per year are due to unnecessary surgery; 7000 deaths per year result from medication errors while patients are hospitalized; 20,000 deaths per year from other errors in hospitals; 80,000 deaths per year from infections in hospitals; and another 106,000 deaths per year from adverse effects of medications, totaling up to 225,000. Over the years, the attorneys at Fodera & Long have come to the aid of victims of Medical Malpractice. Our attorneys have represented clients whose care involved almost every field of medicine, including: emergency care, gynecology & obstetrics, orthopedics, cancer, radiology, cardiology, surgery and pediatrics.
- What Actually Is A Medical Malpractice Claim?
- What Components Make Up A Valid Medical Malpractice Claim?
- What Is The Statute Of Limitations For A Medical Malpractice Claim?
We approach each client’s case with zeal and compassion. We have earned the respect of the lawyers and insurance carriers who defend doctors and hospitals for the way we have represented our clients over the years. In fact, many have asked us to represent their families when they have been injured.
One might ask, “How will I know if I have a Medical Malpractice Case?”
Medical Malpractice, otherwise known as medical negligence, occurs when a health care provider fails to properly treat a patient. Medical Malpractice can occur when the health care provider either commits a negligent act or when he or she fails to take action when the circumstance call for medical action.
Specific legal elements must exist for a Medical Malpractice case to be successful. First, you must have medical negligence. Medical negligence exists when the health care provider deviates from accepted standard of medical care. A health care provider deviates from the standard of care when he or she acts or fails to act in ways that similar providers would act under the same circumstances.
Medical negligence alone does not mean that Medical Malpractice has occurred. Secondly, the health care provider’s negligence must also cause harm or damage as defined by the law. You must provide evidence that harm as a resulted of because of medical negligence. Lastly, you must show proof that you have actually suffered the resulting harm. These injuries need to be substantiated by experts (medical, economic, vocational, etc.). Examples of compensable injuries are loss of some body organ or function, permanent scarring, disfigurement, loss of chance of a cure (as seen in delayed cancer diagnosis cases), death, lost wages and earning capacity, loss of enjoyment of life, pain and suffering, past and future medical expenses.
There are many different scenarios of Medical Malpractice. Some of the more common are as follows:
- birth related injuries, i.e. failure to timely deliver a child who is in distress
- surgical errors or mishaps
- anesthesia errors or mishaps
- Emergency Room errors, i.e. failure to diagnose and treat stroke or heart attack
- medication errors, i.e. prescribing wrong medication or dispensing incorrect dosage
- failure to promptly diagnose and treat cancer
- failure to promptly diagnose and treat infections
- failure to obtain proper consent for surgical procedures
- misuse of medications or medical devices, i.e. not approved by the Food & Drug Administration
- nursing errors or neglect
The experienced Medical Malpractice trial attorneys of Fodera & Long can help you receive all the compensation to which you may justly deserve as a result of receiving poor medical care. Health care providers are insured either by an independent insurance company or by a self-insured program. Regardless, of the type of insurance involved, the common goal is the same – that is to minimize the amount of compensation that you, the injured party receives. The experienced Medical Malpractice trial lawyers of Fodera & Long will litigate vigorously on your behalf. That is why you should trust the Medical Malpractice team of Fodera & Long for your Medical Malpractice claim.
If you or a loved one has been injured by medical malpractice, contact us today for a free consultation.
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