Sunday, April 5, 2009

Medical Lawyers: Legal Professionals Supporting Medical Malpractice Victims

By Rebekah Gillford

Each year, there are over 80,000 deaths and hundreds of thousands of serious or permanent injuries that are caused by a variety of medical errors. These are the alarming statistics for medical malpractice in the United States.

A health report, in 1999, estimated that 3% of all people hospitalized had been victims of medical malpractice. Yet, as few as 15% actually consulted medical lawyers regarding their potential cases against the medical professions or institution that were responsible.

Under state and federal laws, victims are entitled with the right to file a legal claim seeking compensation for: monetary damages like loss of jobs and income, additional medical costs for treatment of injury, and loss of earning capacity (permanent disability); and non-monetary damages like mental distress, emotional grief, and physical pain.

There is a standard of care that is established for health care providers and medical professionals. A failure to care for patients with this degree of competence is considered medical malpractice.

Medical lawyers should evaluate any case of medical negligence even if there is no apparent negative result or injury. As legal professionals with extensive medical knowledge and experience in medical malpractice cases, they will be able to look at the case and help the victim decide whether the claim will lead to compensation.

What are the common forms of medical malpractice?

*Diagnostic errors - misdiagnosis, missed or delayed diagnosis

*Mistakes in surgery - surgery on the wrong body part, leaving foreign objects in the body or mistakes with anesthesia

*Errors with medication or prescriptions

*Infections caused by unsterile medical devices and surroundings

*Labor and delivery errors leading to injuries - especially when infant has received a diagnosis of Erb's palsy or cerebral palsy

*Death of a loved one due to medical mistakes

The case evaluation will involve reviewing medical records and other related materials. Depending on the circumstances, the medical lawyers may seek testimony from a physician to confirm that the case is worth taking to court.

After evaluation, a medical lawsuit will be prepared. It involves sending written notification of the claims against the health care providers and health care institutions responsible for medical malpractice.

It is important to know what the time limitations on these medical lawsuits are in the state it is being filed. The statute of limitations vary from state to state. Seeking the help of medical lawyers is important in understanding and protecting the rights of the victim. - 23802

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