Medical Malpractice Lawyer
You Need to Know All of the Facts Before Filing a Medical Malpractice Lawsuit: Talk to a Lawyer FIRST
When the person, staff, or hospital that you have entrusted your care to causes even more harm than the injuries you were being treated for due to negligence, medical malpractice becomes an issue. The responsible healthcare professional or medical assistant should be brought to rightful account for your damages through a medical malpractice lawsuit.
Malpractice can involve birth injuries, dental malpractice, pharmacy injury, or surgical error. And damages can include medical bill payment, pain, suffering, disability if it occurs, psychological harm, and wrongful death attributed to malpractice.
But how to go about winning damages depends on which state in which the malpractice occurred. Recent tort reforms in Texas have made these types of personal injury lawsuits quite challenging to bring against healthcare professionals. They’ve become so daunting and complex that today, many attorneys in Texas now refuse to take on plaintiff medical malpractice cases because of these additional restraints. The medical malpractice lawyers at our Law Office are adept at successfully arguing such cases and stand ready to help in the event you’ve been harmed due to medical negligence.
No matter what the injury or illness, it’s bad enough to have to suffer through it, even under the most favorable circumstances. But when you’re suffering is amplified because your medical professional has engaged in negligent malpractice, your physical and emotional pain is even harsher. We understand that you have a lot of questions in your efforts to find out if your doctor or healthcare professional has been negligent in your care. Some of your initial questions likely include:
Why did this happen and what negligence might have led to it?
Who is responsible for this less-than-professional medical treatment?
Who’s going to pay for this cavalier or uncaring conduct?
How much, and how long will I have to endure this heightened pain and suffering?
Can I be reimbursed for the time I’m losing at work because of this malpractice?
Does this medical professional owe my family for their pain and hardship also?
Did this medical professional kill my loved one, and what are my legal rights?
Do I need an experienced medical malpractice lawyer to help me?
Is there anything I can do to make sure this tragedy won’t happen to someone else?
Every one of these questions is very reasonable when you or suspect medical malpractice. Many times the answers are elusive unless you have the assistance of an adept medical malpractice lawyer. Without one, you have virtually no chance to win the fair compensation you deserve for such neglectful healthcare.
The veteran medical malpractice lawyers and the investigative team at our Law Office can get to the bottom of things. We work closely with third-party medical experts to analyze your malpractice claim and aggressively pursue the paper trail that clearly reveals every medical professional who harmed you. Our investigations will reveal the answers to these questions, while we work on your behalf in order for you to receive the fairest compensation for your damages from your unwarranted malpractice injuries, pain and suffering.
This article will share valuable insight into the often complicated and contradictory world of medical malpractice. We’ll share the tactics that must be considered in order to win such a claim, and the typical challenges to holding all legally liable malpractice defendants fully accountable for their recklessness and negligence, You’ll also attain a better understanding of what doctors, their attorneys, and insurance underwriters of their malpractice coverage will likely do to oppose you. We’ll also make you aware of the difference in outcomes between representing yourself (or hiring an inexperienced attorney) and having a capable, strong legal medical malpractice lawyer to advocate your rightful claims.
Clearly Identifying Those Responsible for Medical Malpractice is the First Step
If you might be the victim of medical malpractice, your doctor is usually the first person you suspect. This person who managed your treatment, or performed the surgery seems the logical choice. But the primary caregiver is only the first step in the investigative chain that can involve many suspects. Medical staff members who administered your drugs or others involved in your care might have a prominent hand in the malpractice that harmed you. But it might not stop there as even on rare occasions, hospital administrators have had to answer malpractice charges.
Malpractice can occur in a number of different ways. Many times, the failure to correctly diagnose or treat a medical condition within a reasonable amount of time can be grounds for a malpractice lawsuit. It’s also possible that several medical professionals may have each unwittingly contributed to your malpractice-related pain and suffering. Any, or all, of the following healthcare professionals can be responsible and could be held accountable for their negligence in civil court. It makes no difference if their involvement was overt or passive, some of the typically responsible healthcare providers who owe you malpractice damages might include:
Your primary caregiver (your doctor)
Your surgeon
Any nurse, or specialized hospital technician, who was involved in your care
Chiropractors
The hospital or healthcare facility itself
Dentists, dental hygienists, and other dental care specialists
Your anesthesiologist
A nursing home attendant
An obstetrician
A pharmacist or pharmacist assistant
It makes no difference if these professionals worked alone or in concert, whether each was aware of the others’ negligence or not. If the sum of their efforts resulted in additional injury, to the patient, or created further pain and suffering, the victims of that malpractice can seek damages from each liable party, in proportion to their contribution to the cumulative malpractice injuries. Rare is the instance where medical defendants are not covered by various insurance policies. This is good news because you know the money is there to compensate you. But the downside is that it’s certain that a medical malpractice lawsuit that is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation responsible for paying those damages. And it’s every malpractice insurance company’s job to aggressively challenge all such cases. We’ll speak more about that obstacle in a moment.
Historically, medical malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find, no matter what state you live in. One reason for this is the simple fact that the medical profession is highly technical, very sophisticated, and is subject to higher than normal standards of liability. Another reason these cases can be so convoluted is that the inclusion of so many liable parties can cloud the issue of actual culpability for your injuries. In short, a lot of finger-pointing goes on between multiple defendants. So laying the proper blame is a very difficult order for your lawyer and his investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a medical malpractice claim without the legal help of an experienced medical malpractice lawyer.
A skilled attorney can locate and retain the ideal medical experts to thoroughly review your treatment records, determine whether your malpractice lawsuit is justified, and then reinforce your claims in court. These forensic experts can also help determine the degree of responsibility of every defendant who was involved in your negligent medical care. And the experienced medical malpractice attorneys with our Law Office have the means and the skill to apply that thorough investigation of your case into an effective and compelling strategy that gives you the best odds to be fairly compensated for your damages.
With over 20 years of experience in personal injury and wrongful death law, including medical malpractice, we can help you identify all responsible parties in your malpractice suit, and effectively assist your quest for fair compensation for their negligent behavior that made your injuries even more painful. We also work hard to make certain they do not repeat their careless actions, and harm other unsuspecting patients.
There are Differences in the Journey to Compensation for Malpractice Damages
As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And it is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.
The Difficulty of Winning True Medical Malpractice Damages in Texas
All personal injury lawsuits have their unique challenge, depending on the state in which you bring suit. But there are several that are unique to medical malpractice cases in Texas when a plaintiff decides to seek compensation for an injury through a malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages, and other appropriate damages.
Almost ten years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry, and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in their favor. Simply put, and with very few exceptions, there are now damage award caps when it comes to Texas medical malpractice civil cases. That means if a doctor is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount.
This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.
But in each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.
Before tort reform, anyone in Texas could sue any doctor, hospital, med-tech, or any other licensed healthcare professional for as much as they wanted and there was no limit to the amount they could collect. But after the Texas Legislature re-wrote the medical malpractice laws, those damage caps ended up benefitting Texas malpractice insurers, at the expense of both the doctors they serve and malpractice victims who have legitimate damage claims.
Negligent medical professionals believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your medical malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played within the following guidelines.
Medical Professionals Owe Their Patients a Very High Legal Duty
When it comes to malpractice, a legal duty is viewed as a “standard of care,” rather than most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care, in proportion to their other healthcare peers. In essence, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its high level of social responsibility, the medical profession is held to a much greater standard of care/behavior, since healthcare professionals receive years of highly specialized (and very expensive) training. Many go to school for up to 10 years and undergo extremely rigorous certification in order to be qualified to treat patients.
It is hoped that during their training they will also acquire a high level of sensitivity to their patient’s physical and emotional needs during that care. This is why society, in general, expects its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly diagnose a patient, they must also sympathetically treat their conditions without causing these vulnerable people any further injury or discomfort. It all comes down to the Hippocratic Oath that all doctors must take. It begins with the words, “First, do no harm.”
Any Medical Professional Can Violate Their Legal Duty: Willfully or Inadvertently
Once a standard of care has been legally established in your medical malpractice case, the next plaintiff’s duty is to clearly prove that the responsible medical professional who violated that standard of care is particularly liable for their injuries. A simple example might find that a surgeon breaches the standard of care if he or she operates on the wrong leg, or even the wrong patient (yes, it still occasionally happens). A doctor can also breach the standard of care by prescribing a drug that is known to cause adverse reactions when taken in conjunction with another drug that is already being administered to a patient: or if the healthcare provider is aware that the patient might be more prone to adverse reactions from this particular drug: resulting pain or further pain or injury. In any instance involving prescription drugs, the medical professional must know to avoid these obstacles. And sometimes, the drug companies may share a portion of this liability: though such negligence is commonly pursued through a defective product lawsuit.
But very few people have even the minimal necessary understanding to appreciate, or even know, why a doctor, surgeon, or some other healthcare professional chose to do what they did. This is why expert medical witnesses and other forensic experts must be retained by your medical malpractice lawyer to determine whether or not any healthcare professional has violated their professional standard (duty) of care. These expert witnesses, usually doctors themselves, must have years of similar experience in the same fields of medicine as the defendants in order to be of value to your malpractice claim.
If you seek compensation from an obstetrician accused of malpractice, your expert witness should be another similarly experienced obstetrician. Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses and get them involved in order to clearly prove your allegations that a healthcare professional actually breached their required standard of care. This is vital if your medical malpractice insurance claim or civil case is to be a success.
Informed Consent Does not Universally Protect Medical Professionals from Malpractice
Almost every time before you are seen by a doctor or undergo a medical or surgical procedure, you are asked to sign an informed consent form. They appear to be harmless and on the surface, somewhat educational. But there are some times when informed consent can also serve to protect medical professionals should an accident occur during a procedure or any sort of medical care. Informed consent typically describes the treatment that will be performed, the possible complications, treatment alternatives you and your doctor have discussed, and what may happen if the stratagem of care is not performed as envisioned.
But more often than now, medical professionals might try to use an informed consent document as a blanket defense for anything they do that might later constitute malpractice. They believe this is their “get out of jail free” card for future malpractice liability in the event of a medical accident or some form of negligence that produces a negative outcome after the procedure. Sometimes that defense might work, depending on the circumstances and if the negative outcome might have been unforeseen. But just because you sign a “legal form” doesn’t necessarily make it legal. A patient’s signature on an informed consent document does not universally absolve a medical professional from the negligence to which he or she may be held liable. Nor does it limit the degree of responsibility to which any healthcare professional may be held if malpractice is proven.
The circumstances of a patient’s case, and who was involved ultimately determines the actual malpractice lawsuit defendant. And an investigation of those events establishes the degree both the harm done to the patient and the compensation this plaintiff might rightfully seek from each liable party under the law. Informed consent doesn’t preclude your right to sue a negligent medical professional through a malpractice lawsuit. So even if you’ve signed an informed consent document, it is still in your best interests to seriously contact the medical malpractice lawyers with our Law Office.
Medical Malpractice Cases can be Difficult for Some Civil Trial Juries
No more than a third of personal injury claims actually make it to the courtroom. The rest can be dismissed on a technicality (possibly from the actions of a plaintiff’s inexperienced personal injury attorney) or result in a negotiated settlement between the plaintiff and the defendant(s). In the world of personal injury, trials are the last, and least attractive, option. By then, every avenue to a fair settlement has been exhausted: usually because the defendants and those who represent them resist paying fair damages. So a trial is the only way out. Now we mentioned a few paragraphs ago that in Texas, tort reform damage caps might make insurance companies in malpractice cases less willing to settle. But if the malpractice investigation reveals obvious negligence which is easy to prove, and your damages appear to fall under that cap amount, the odds of a settlement are better. And again, the environment surrounding settlement negotiations is probably more to the advantage of the plaintiff due to the absence of those damage caps.
Malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to what costs the insurer more: losing the case in court (on top of the trial’s cost) or a truly fair settlement amount. So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope.
Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re picked, these citizens would rather spend a week with their in-laws than being cooped up in a courtroom, listening to a bunch of lawyers argue the merits of your case. It’s hard for them to constantly have to pay attention to minute facts surrounding a technical malpractice case. Plus, malpractice trials involve a lot of boring technical experts who aren’t very engaging when explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve seen jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.
The ambiguity of juries alone is enough to explain why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of malpractice cases even see the inside of a courtroom: much less go to a jury. Yes, the longer the legal argument goes on between plaintiff and defendant, the more appealing that fair settlement looks to both sides.
Smart Plaintiffs, Enlist an Experienced Medical Malpractice Lawyer to Represent Them
As you have seen, medical malpractice lawsuits are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information that must be investigated, and then presented that proves your claim is a huge burden. The crucial ability to identify and leverage expert medical witnesses, not to mention the skill to see a medical malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the of many law firms that do not specialize in personal injury.
We hope you don’t learn too late that you should have hired a capable malpractice lawyer after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance. It’s one-and-done, no matter how things turn out. So we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.
Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer.
Our Law Office can quickly apprise you of all your legal options and the best course to recover the rightful damage compensation for all harm done to you due to every negligent defendant who performed malpractice. Once your medical malpractice lawyers with our Law Office are on the case, we will:
Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your medical malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert medical witnesses to testify on your behalf.
Deal with all communications with all involved parties, compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.
We want to help you receive the compensation you need for your recovery, and hold every negligent healthcare professional responsible for their behavior. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case and outline the steps that we need to take together in order to realize success.
Our Law Office has over 20 years of experience in calculating, then proving the correct amount of damages done to our malpractice clients, in addition to aggressively representing them against negligent healthcare professionals, their insurance companies, and the powerful lawyers who represent them. If you have suffered injury or illness as the result of medical malpractice, contact the medical malpractice attorneys at our Law Office for a free and confidential legal consultation.
Don’t let those you trust the most, your doctor or another healthcare provider, harm you even more than they already have by remaining silent about their malpractice. Stop being a victim if a healthcare provider has treated you with neglect. If you won’t, who will?
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Dental Malpractice
Attorney Discusses Dental Malpractice
When most people hear the term “medical malpractice” they immediately think of accidents that involve doctors or surgeons. While these medical professionals indeed do account for many medical malpractice cases, they certainly still only account for a portion of all the cases initiated each year.
Negligent dentists can also be sued for causing injuries to their patients. In fact, not only can a dentist be held liable but so can any person working in a dentist’s office who shares liability for causing a patient injury. This can include the dental hygienist, dental assistant, anesthesiologist, oral surgeon, or pharmacist… basically, anyone responsible for causing harm to you or to a loved one.
The attorneys at our Law Office have had over two decades litigating medical malpractice cases. We have written this brief article to review for you the basics of dental malpractice law and to discuss your legal rights.
What Are the Main Causes of Dental Malpractice?
While there are a wide variety of reasons that may cause dental malpractice, here is a list of some of the more common ones:
The correct treatment is not provided by the dentist in a fast enough time.
A dental professional incorrectly diagnoses a medical condition.
A necessary follow-up exam is not provided.
Errors are made in prescribing medications.
If these or other types of errors have occurred and injuries have consequently resulted, then a dental malpractice lawsuit may be filed against the negligent parties. Because there may be more, less obvious causes for a dental accident and because these cases are technically complicated and full of medical jargon, it is wise for a victim to contact an experienced attorney, such as the lawyers at our Law Office. We have the experience and the knowledge to overcome the many challenges present in these types of cases.
How To Prove a Dental Malpractice Lawsuit
In order to win a dental malpractice case, you must be able to prove that four different events occurred.
The defendant violated a legal duty that was owed to the plaintiff. To put this more simply, the dentist owed you the legal duty not to cause you any harm; he or she then violated that legal duty by causing you an injury.
The defendant did not live up to a reasonable standard of care in his treatment plan; this standard of care is established by other similar medical professionals, in this case by other dentists engaged in similar types of dental practice.
Your injury was directly caused by the negligence of the defendant.
Your injury resulted in damages. Damages may include medical or dental bills, lost wages because of hospitalization or inability to work, loss of future potential earnings, and compensation for pain and suffering. In other words, let’s say that a dentist broke your jaw during a standard procedure; the injury would be the broken jaw, while the damages would be the financial losses that you incurred because of that broken jaw.
Expert Testimony for your Case
Since dental malpractice cases involve so many complicated technical and medical issues and terminology, there is often a need to bring in what is referred to as “expert medical witnesses.” These are dental professionals with outstanding credentials and resumes who can testify on your behalf and who can explain the cause and type of injuries that you suffered in clear, easy-to-understand language to the judge and the jury. It can be, however, very difficult for some law firms to locate and procure these types of witnesses; many times a dental professional will be reluctant to testify against another dental professional. The attorneys at our Law Office have been litigating these types of cases for over two decades and we have built up excellent relationships during that time with dental expert witnesses throughout Texas.
Tort Reform and Medical Malpractice Lawsuits
Recent legislative changes have made things even more difficult for those injured by a dentist to receive fair compensation for their injuries. Ostensibly passed in order to protect doctors and dentists from frivolous lawsuits, these tort reforms have raised the standard of proof very high; if one piece of corroborative evidence is missing in a case, or if the new procedures are not followed exactly, there is a good chance that the case will simply be tossed out. This is no arena for the novice lawyer let alone for a non-attorney even thinking of attempting self-representation. In fact, many law firms consequently will not even take on these complex cases today. The attorneys at our Law Office are different. We believe that anyone who has been injured because of dental malpractice deserves to seek fair and full compensation from those liable for the injuries. We know how to procure expert witness testimony and we know our way around all the new tort reforms. Put our knowledge and expertise to work for you!
How We Can Help You
The attorneys at our Law Office have been successfully litigating dental malpractice lawsuits for over 20 years. During that period of time, we have won millions of dollars for our Texas clients from major insurers nationally. These huge insurance companies are only too well aware of our outstanding reputation and today are often eager to seek to settle out of court rather than face our aggressive and tenacious attorneys in front of a jury. This can be beneficial to you since it will cut down the amount of time that you will be involved in the whole legal process and also can mean receiving your settlement more rapidly. This, in turn, will allow you to return to your regular way of life more rapidly.
If you or a family member has been injured in a dental accident contact the attorneys at our Law Offices today (toll-free). We are pleased to offer a free consultation and we are available 24 hours a day. We look forward to discussing your case with you and to answering all of your questions.
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Nursing Home Abuse Attorney
Need An Attorney Experienced in Nursing Home Abuse?
As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real-life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.
These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. And as much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.
If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. But as married couples spent more time away from home working, nursing homes and daycare centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus the cost of the medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.
Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.
For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. But statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys for a free consultation.
When nursing homes became popular some forty years ago they were not state-regulated and prospective employees were not screened. But as more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also resumes help hiring managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.
As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing homes caregivers.
The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:
Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. And that has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.
If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call our Law Office as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our associates along with our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.
Nursing Home Abuse at Its Worse
The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do its part to let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. But if a nursing home staffer is found to be negligent or abusive the offending nursing home employee or employees could face criminal and civil charges.
The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence are a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.
Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits which were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. Attorney Our associates are good at what they do best which is to use the law and their investigative skills to uncover the truth.
Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. But the nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our Law Office today. The call is free as is the initial legal consultation.
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The Informed Consent Document
Texas Medical Malpractice Lawyer, Discusses Informed Consent & Medical Malpractice
Many victims who have been injured due to the negligence of a medical professional worry that they will not be able to seek compensation since they signed an informed consent document. Thankfully, this is not necessarily the case (though medical professionals or insurance companies may lead you to believe that it is in an attempt to avoid paying you).
It may appear that the purpose of the informed consent document is to inform patients about procedures, but their true purpose is to protect healthcare providers from accepting legal responsibility for their mistakes. But in many situations, you can still seek compensation, even if you signed an informed consent document. The medical malpractice lawyers from our Law Office are here to tell you how informed consent documents work, and how you can seek compensation if you have signed one.
The Specifics of the Informed Consent Document
Medical professionals will typically make you sign an informed consent document before any medical procedure, whether it is a course of treatment, medication, or surgery. A typical informed consent document includes the following features:
A basic description of the medical condition that the proposed procedure is supposed to treat.
A description of the general purpose of the proposed procedure.
A description of the procedure itself, including any potential adverse reactions or side effects.
Information about any known risks associated with the procedure, including:
Pre-existing conditions that might make the proposed procedure more dangerous for a specific patient.
The possible benefits that could result from the procedure.
A description of any existing alternatives to the procedure, including their benefits, risks, and possible side effects.
Information about health problems that could arise should the patient elect not to undergo the proposed procedure.
Disclosure of the fact that the procedure might have some unforeseen and unforeseeable risks.
An acknowledgment that the patient can choose not to undergo the procedure now or at any time in the future.
Acknowledgment that choosing not to undergo the procedure does not void the patient’s right to continue receiving current medical treatment or to receive additional medical treatment in the future.
Simply put, the informed consent document should attempt to give the patient enough information to make an informed decision as to whether or not to undergo the proposed medication schedule, surgery, or other treatment.
Filing a Medical Malpractice Claim Even Though You Signed An Informed Consent Document
A signed informed consent document does not automatically make a medical professional immune to liability. Certain conditions can allow a plaintiff to hold a medical professional accountable for his or her injuries, even in the presence of an informed consent document. But as you surely know, the various medical fields are incredibly complex, and the specific decisions that go into determining a course of medical treatment are over the head of most juries (and most patients, despite the informed consent document). To address this complexity, the courts apply three standards to a medical malpractice claim: the reasonable physician standard, the subjective patient standard, and the reasonable person standard.
The reasonable physician standard simply concerns what any reasonable physician would tell a patient about a proposed procedure. The medical provider is responsible for telling a patient everything about a proposed procedure as dictated by the reasonable physician standard. This allows a jury to determine whether or not the medical professional provided enough general information about the procedure in an informed consent document.
The subjective patient standard concerns the details which the specific patient in question would likely want to know about the proposed procedure. Each patient has unique concerns, and medical professionals have a responsibility to know enough about their patients to provide them with these details. Obviously, this standard is not easy to apply, and it must be extensively investigated on a case-by-case basis.
The reasonable person standard considers whether or not a typical, reasonable person would have consented to the proposed procedure, given the information that the plaintiff had about the procedure when the informed consent document was signed.
The standards set in some of these elements rely largely on expert witness testimony from medical professionals in the defendant’s field. Our attorneys can make sure your case has the witness testimony it needs to prove that were the victim of negligence.
When the above standards are not met, someone hurt due to a medical professional’s negligence can file a medical malpractice claim, even though he or she signed an informed consent document. Applying these standards to a case is not easy for someone without extensive experience, but thankfully, the attorneys at our Law Office have been helping victims of medical malpractice for twenty years. We have successfully investigated hundreds of cases, and we are intimately familiar with the laws and regulations surrounding medical malpractice claims. Insurance companies and healthcare providers know who we are, and how successful we have been. In many cases, they cooperate fully with our settlement demands so that we can secure a fair settlement without even taking your case to court.
In other words, our legal professionals will work hard to get you back on your feet as painlessly as possible. So if you have been hurt due to the negligence of a medical professional, do not let that negligence go unpunished just because you signed an informed consent document. Contact the aggressive medical malpractice attorneys at our Law Office today and let our firm help you seek the fair settlement you need and the justice you deserve.
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Misdiagnosis & Failure to Diagnose
Can I File a Medical Malpractice Lawsuit in Texas for Misdiagnosis or Failure to Diagnose?
Every year, hundreds and thousands of patients visit their doctors in order to do their routine medical checkups or visit their doctors when they are sick or not feeling well. Everyone puts a lot of trust in their family doctor. However, doctors, just like anybody else, can make mistakes.
They can even make medical mistakes. The sad fact is that medical mistakes can be quite costly and have devastating effects on a patient. Every year, medical mistakes injure hundreds of thousands of patients. Improper diagnosis of medical conditions is a leading cause of medical mistakes. Misdiagnosis & failure to diagnose certain medical conditions can lead to severe injury or death of a patient. Many people visit their doctors in order to get better and relief from their pain or injuries. When a medical condition is misdiagnosed or not even found, then a lot of people will suffer in the end. Such “misdiagnosis” is also grounds for a medical malpractice lawsuit.
If you or a loved one has suffered injury or been hurt due to a misdiagnosis of your medical condition by your doctor, then know that help is available. You may be able to seek compensation for your misdiagnosis with a medical malpractice claim. However, pursuing a medical malpractice claim is no easy matter. It is extremely complex. That is why you need to work with an experienced medical malpractice attorney such as the attorneys of our Law Office. Our legal team will educate you on the laws regarding misdiagnosis and present you with options for seeking financial restitution.
There are many reasons why misdiagnosis occurs.
Misdiagnosis can happen because of a doctor’s error in judgment.
A delayed diagnosis by a doctor can occur which results in the patient’s condition becoming too severe to treat.
A doctor does not do the work necessary and fails to consider every possible evidence and scenario before making a diagnosis. (When a general doctor fails to consult with a specialist before being able to diagnosis which involves a special condition).
Texas law requires medical doctors to diagnose a patient’s condition in a correct time frame and then be able to help that patient overcome their condition. If a doctor is unable to diagnose their patient’s medical condition, then they must refer their patient to a specialist who is able to diagnose the condition. In addition, physicians must be able to look over a patient’s medical history and chart in order to understand their current medical condition and then be able to make a diagnosis. If a doctor fails to follow these standard procedures, then he or she can become liable. Doctors must be able to exhaust every possibility so that they can diagnose their patient’s medical conditions and be able to help them recover and heal.
When physicians do not do their jobs properly and do not exhaust all resources to find out what’s wrong with their patients and why their patient is ill, then they are in trouble. If the patient suffers because they experienced a misdiagnosis & failure to diagnose from their doctor, then the patient has the right to seek a medical malpractice claim. However, if you have been through this or are currently experiencing this, then don’t expect your doctor to agree with your assessment and offer you compensation. Medical malpractice lawsuits are just as complex as personal injury lawsuits in Texas. They come with a lot of technical jargon, legal pitfalls, and a lot of red tape. Non-lawyers and people with no legal background do not have a chance of being successful with medical malpractice lawsuits. They stand no chance because they will be facing seasoned and aggressive defense attorneys who will make their life a living hell by doing everything they can to deny their claim. Also, novice lawyers will have a hard time as well defending their case in court because they will have a hard time understanding the complex legal terms involving medical malpractice claims. Medical malpractice claims are harder to litigate today because of tort reform. Tort reform was initiated by insurance company lobbyists in Austin who raised the standard of proof needed in medical malpractice lawsuits and created a whole lot of procedural obstacles that benefit the defense attorneys. Tort reform was created because there were so many bogus lawsuits against the medical profession that the money people were asking for was enormous. In order to succeed with a medical malpractice claim, you must be able to prove very specific conditions so that your case can be successful and you can seek the financial compensation you deserve. Most of the non-lawyers are not aware of the conditions set by the tort reform law and therefore are unable to meet those conditions. In addition, you need to work with a reputable law firm that is experienced in these matters so that they can find you the expert witnesses to turn the tide in your favor. Our Law Office brings you 20 years of experience litigating medical malpractice lawsuits with success. In our 20 years of law, we have never heard of anyone who was successful representing themselves in a medical malpractice lawsuit.
At our Law Office, our attorneys are medical malpractice specialists. We can help build a strong case for you with strong evidence that your doctor was negligent by misdiagnosing & failure to diagnose your medical condition. We are able to provide the high standard of proof that is required by law in medical malpractice lawsuits. For the past 20 years, the attorneys at our Law Office have litigated hundreds of cases and have compiled a massive amount of knowledge on medical malpractice law. We know what it takes to win these types of cases and also understand the procedures involved in medical malpractice cases. At our Law Office, our attorneys have successfully battled and resolved medical malpractice cases against every major insurance company in the nation. We have obtained millions of dollars for our clients as a result. We are not afraid of any aggressive insurance company that will try to do everything they can to deny your claim. When other law firms back down on taking cases involving medical malpractice, our firm will not back down in helping you. At our Law Office, the attorneys are devoted to helping injured Texans receive the financial compensation they deserved for being misdiagnosed & failure to diagnose by their doctors which led to their injuries. Insurance companies respect our name due to our past success in litigating medical malpractice claims. Due to our excellent reputation, insurance companies will often settle with us and our clients for a fair amount so that they can avoid a lengthy and costly court trial. If you or a loved one were injured due to a misdiagnosis & failure to diagnose by your physician, then call our Law Office today for a toll-free consultation. Our staff is standing by waiting to answer any questions you may have concerning your condition. By calling us, we will be able to present you with the various legal options needed in order for you to make the right decision. Call us now and find out how we can help you recover from your injuries associated with being misdiagnosed or not being diagnosed by your doctor. At our Law Office, we care.
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Medical Malpractice Lawyer on Nursing Malpractice Lawsuits
Did you know that besides physicians and surgeons, medical malpractice lawsuits can be filed against other health care professionals as well? It seems the vast majority of media coverage for medical malpractice focuses on physicians and surgeons, yet lawsuits against dentists, psychologists, nurses, therapists, anesthesiologists, chiropractors, and other medical care professionals can surface if negligent care is provided.
Nowadays, in this high-tech medical industry, nurses carry far greater responsibilities for patient care than in years past, and even though the majority are highly skilled professionals, instances of neglectful care and sometimes even gross negligence can arise as the result of over-staffing and long work shifts. Doctors have a much higher level of training, so errors committed by nurses can often result in more damage.
You are a candidate for restitution or compensation for your injury and losses, if you or a family member has been injured because of nurse malpractice. This article was put together by nursing malpractice attorneys of our Law Office to highlight some facts about nursing malpractice litigation. This can give you a basic grasp of the issues, but to better comprehend your legal options and to discover the best avenue for getting the compensation you deserve, call our Law Office toll-free for a free consultation.
What are the Grounds for a Legitimate Nursing Malpractice Lawsuit?
There is a certain level of care that is common for the nursing profession and a general expectation for nurses to provide in accordance with that standard or expectation. If they fail in performing this standard of care, you may qualify to pursue compensation through filing a nursing malpractice claim. Often though, there is a fine line drawn between what is viewed as an injury simply because of simple bad luck, and what is perceived as an injury or harm due to negligence. A few examples of nursing malpractice can include the following:
When a patient’s condition changes and a nurse doesn’t report that change to the patient’s physician.
A nurse gives the patient the wrong prescription drug or the wrong dosage of the right drug.
The nurse neglects her responsibility to monitor the patient’s vital signs and report any fluctuations to the patient’s doctor.
The nurse fails to compile results from the patient’s tests in sufficient time so that the correct treatment can be successfully applied.
Nursing Malpractice Lawsuit Challenges
The inherently technical aspect of nursing mishaps or negligence which results in injury, often makes it difficult to prove nursing malpractice lawsuits. Consequently, if you attempt to represent yourself or choose an inexperienced lawyer who doesn’t have a long history of medical malpractice cases, your chances of success are greatly diminished. The issues debated in nursing malpractice litigation are often rooted in highly specific medical knowledge that requires familiarity and understanding to be able to grasp. The attorneys at our Law Office have over twenty years of experience in the medical malpractice field and have developed consulting relationships with numerous experts in several medical fields. We have a keen understanding of how to use that testimony in the courtroom to establish the standard of care in a nursing specialty so that a jury can be influenced in your favor. Our attorneys are skilled in familiarizing juries with medical terminology that defines nursing malpractice cases so they can understand how the negligence caused the injury or harm to our client.
It can be a challenge to meet the standard of proof in nursing malpractice cases, and only an attorney with extensive experience in handling these cases can establish this standard of proof. Also, medical malpractice insurance has caps or limits that restrict the amount of possible compensation; consequently, many attorneys avoid these cases. Our medical malpractice attorneys, however, are committed to helping all nursing malpractice victims pursue the compensation they deserve.
Our Medical Malpractice Law Firm Can Help You
Our medical malpractice attorneys have won thousands of cases. Call us today to discuss your case.
With a twenty-year successful track record of litigating medical malpractice suits, the attorneys at our Law Office are equipped to help you pursue the compensation you deserve, if you or a family member has suffered harm because of the negligence of a nurse.
Because of our extensive history and track record in this field, we know how to recognize the liability of a negligent nurse and the process of proving that negligence in a courtroom. We’ve won millions of dollars from nearly every major insurance carrier in the U.S., as compensation for our injured clients. We’ve earned the respect of these insurance companies and defense attorneys. Often they choose to settle out of court with fair settlement offers, rather than face us in court. If the case is forced to trial, however, we are prepared to use all the skills in our arsenal — diligent investigative skills, courtroom strategy, and use of expert testimony on your behalf.
Call our Law Office if you have any questions or reservations about nursing malpractice accidents and litigation, toll-free. We can arrange a free consultation and share the legal options available to you, so you can make an informed choice. Our goal is to help you receive the full compensation needed to recover from your losses so you can move confidently into the future.
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Pharmaceutical Error Cases
Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error
All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.
Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.
If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.
How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:
The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger; In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.
Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.
Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.
We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.
Our attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today toll-free for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.
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Surgical Errors
Attorney Discusses Surgical Malpractice in Relation to Surgeon Error
We all would like to believe that we can safely place our trust in the hands of our doctors. Unfortunately, this is not always the case; over 50,000 people die each year because of medical errors, many of them from surgical fatalities.
The medical malpractice attorneys at our Law Office have been litigating these types of cases for over two decades. We have written this brief article to help you learn more about the basics of surgical error lawsuits and to explain in more detail your legal rights.
Surgery, to be very frank, is dangerous. In the best possible scenario, when surgeons are working flawlessly and doing whatever they can to preserve life, there are going to be fatalities during surgery. Only a true medical malpractice attorney is able to wade through the huge amounts of red tape, understand fully the technically intricate medical details and then present convincingly this information to a judge and jury in order to win your case.
Our attorneys have had the years of experience necessary to be able to recognize immediately if a surgical injury or death is because of a natural evolution of the illness being treated or if it is due to surgical negligence. With today’s precision in complex surgical procedures, we know that even the slightest error can result in serious or even fatal consequences. Some common types of errors that can cause surgical mistakes to include:
Surgical tools that have not been adequately disinfected.
Actually operating on the wrong body part or even on the wrong patient.
Improper administration of the anesthetic.
Tissue or organ damage in the course of the operation.
Failure on the part of the medical or surgical team to obtain or review a complete medical history about the patient.
Absence of appropriate post-surgical follow-up or care.
Since any surgical procedure is a complicated procedure, it follows that filing a medical malpractice claim will also be complicated; this is not recommended for the novice attorney let alone a non-lawyer attempting self-representation. In all of our years of practicing law, we have never heard of a non-lawyer being successful in attempting to represent himself or herself.
This already difficult situation has been made even more difficult by the tort reforms that were recently passed in Texas. Ostensibly done to protect doctors from frivolous lawsuits, these tort reforms have made it even harder for those legitimately injured by medical personnel to successfully win a case against those responsible.
We know how to build the type of strong case that will stand up to the new standards of proof required today. We have years of hard-won experience, both before and after tort reform, and we understand what it takes to win a case in today’s legal environment. We can protect you from the legal pitfalls that so often arise during a medical malpractice case.
Over the past 20 years, the medical and surgical malpractice attorneys at our Law Office have successfully litigated hundreds of these complex cases. These huge insurance conglomerates are only too well aware of our outstanding track record and today will often seek to settle out of court rather than face our attorneys in front of a jury. This can be beneficial to you, allowing you to spend less time involved in the whole legal process and to receive your settlement more rapidly; this in turn will allow you to return faster to your regular way of life.
If you have been injured or if you have lost a loved one because of a surgical error then contact the attorneys at our Law Office today. We may be reached (toll-free) 24 hours a day. We want to help you receive the compensation that you deserve as well as to punish those responsible.
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Birth Injuries
What Legal Options do You Have if You Have Suffered from Birth Injuries?
Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions, as well.
Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?
Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.
Types of Birth Injuries and What Causes Them
The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:
Klumpke’s Palsy – paralysis of the child’s hands and forearms
Broken bones
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.
What Makes Birth Injury Lawsuits so Difficult to Pursue?
Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.
Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.
The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injuries lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.
If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, our Law Office Wants to Help You
Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the aftereffects of birth injuries caused by medical malpractice or negligence, give us a call toll-free for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.
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