Posts Tagged ‘medical malpractice attorney’

Tips To Selecting An Effective Malpractice Defense Attorney

Sunday, February 21st, 2010

Effective Pasadena attorney malpractice medical after an injury that is the result of negligence or intentional harm may take some research and time. The attorney that you select must have certain characteristics that will assure you receive the best representation possible to achieve the goals that are being sought.

Most attorneys specialize in specific areas of the law. The malpractice attorney many specialize in certain, specific areas of malpractice. It will be important therefore, that you find a lawyer who specializes in the specific type of injury or damage you have suffered. The lawyer must be a seasoned professional with expertise in a specific areas of the law relating to your injury or damage. They must also be able to follow through with your case to the final steps of litigation if necessary.

A good way to find an attorney is through family, friends, or colleagues who may have had interaction with attorneys in your local area. They will be able to give you information and insight about attorneys in the area that are reputable and reliable. In addition, if you have a family attorney, they will often have a network of individuals if they work with. Your family attorney may be able to recommend the attorney who will best be able to represent your interests in court.

When you have identified several attorneys who may be equipped to handle your case properly, you will want to take some steps to assure that they are the type of attorney you want. Checking the background of the lawyers before you interview them will help you to narrow the list. It is very easy to check the background and reputation of attorneys by contacting the local Bar Association and Better Business Bureau to see if any complaints have been filed against them.

After you have narrowed your list to reputable and reliable attorneys, making appointments with those legal malpractice attorney will be very helpful. You will want to schedule a consultation with each attorney you are considering so that you can ascertain whether or not they will be able to provide you with the services you require. A consultation will normally last from 30 to 45 minutes and give you an opportunity to ask questions and get information from the attorney about their experience and expertise.

If you are considering a large law firm, you will want to interview the lawyer you will be working with. In some cases one attorney interviews to all potential clients. If this is the case, asked to speak to the attorney who will handle your case. It is important that you feel the lawyer will be able to represent you and feel confident in the attorney that is going to work with you.

When interviewing the lawyer asking questions about their knowledge and expertise in the courtroom and out of the courtroom will play a factor in determining whether or not they will be able to represent you effectively. Some attorneys primarily settle lawsuits out of the courtroom. If your case will require litigation in a courtroom, it will be necessary to have an attorney that has experience in courtroom litigation.

Discussing the time frames involved for litigation will also be an important consideration. In some cases a lawsuit can last for several years. In order to properly gauge the amount of time you will be involved in the case, you will want an attorney who can give you an estimate on the time involved in litigation.

When you visit themalpractice insurance attorney for a consultation, taking all of your documentation and information regarding the case will be helpful. The lawyer will review the information and give you an idea of whether or not the case has a good foundation. The Los Angeles medical malpractice attorney will also provide you with details and information about assistance programs that may be available, financial assistance that you may be entitled to and other benefits that you may be able to take advantage of while the case is in litigation.

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Cervical Cancer: Issues Related to Misdiagnosis

Saturday, January 9th, 2010

Medical Attorney Explains Medical Malpractice

Cancer that affects the lower part of a woman’s uterus, or cervix, is known as cervical cancer and it is diagnosed in more than 11,000 women each year in the United States. When diagnosed early, cervical cancer can be treated successfully. The misdiagnosis of cervical cancer can cause a delay in treatment which then main result in a reduced survival rate and possibly death.

Attorneys will represent a woman who is the victim of cervical cancer misdiagnosis. To speak with a medical attorney for a free claim evaluation, contact a law firm experienced in medical malpractice cases.

How Cervical Cancer Is Diagnosed

Women who are sexually active should receive regular Pap smears. Though not a diagnostic test, a pap smear may be used to identify cells that are not normal. When abnormal cells are present, The doctor will order more tests to get a clear diagnosis. Diagnostic tests may include:

  • Colposcopy – the doctor uses an instrument called a colposcope to look at the cervix and see more clearly areas of abnormal cell growth
  • Biopsy – a sample of abnormal tissue is taken from the cervix for testing
  • Endocervical scraping – a specialized instrument is used to scrape tissue lining the endocervical canal, an area the doctor cannot reach with the colposcope
  • Cone biopsy – a cone-shaped piece of tissue is removed from the cervix

Failure to administer diagnostic tests or to interpret the results properly can postpone effective treatment options and have devastating consequences for the patient.

How Misdiagnosis of Cervical Cancer Occurs

A misdiagnosis of cervical cancer may occur because:

  • The doctor fails to recognize symptoms of cervical cancer, thereby failing to perform the tests necessary for diagnosis
  • The doctor fails to obtain a full patient history, which is important for identifying risk factors such as Human Papilloma Virus (HPV)
  • Lab results are misinterpreted
  • A laboratory error causes the patient’s results to be confused with another patient’s

Misdiagnosis can take several forms, including delayed diagnosis, missed diagnosis, and wrong diagnosis. These misdiagnoses each carry particular consequences. Patients suffer unnecessary and painful treatments when they are wrongly diagnosed with cervical cancer that they do not have. Those whose cancer is missed altogether may never receive the treatment they need to survive.

Have You Been Misdiagnosed

Victims of a cervical cancer misdiagnosis can take legal action to hold the negligent party(s) accountable. Depending on the facts of the case, a person may be able to obtain compensation for losses related to medical care, pain and suffering both physical and emotional.

To learn more about your legal rights if you have been misdiagnosed, contact a medical attorney today. They will answer any legal questions that you have, evaluate your case and let you know what rights you have.

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Medical Malpractice Suit - What is it?

Friday, December 25th, 2009

Medical Malpractice

There are laws both state and federal that protect the rights of those who have been wrongfully harmed because of negligence of medical professionals. A main right an injured individual has is the right to hold the negligent party(s) responsible for compensation of damages. In other words, those who have been harmed by the negligence of a doctor, nurse or other healthcare professional have the right to file a medical malpractice suit. By filing a medical malpractice suit, the injured person may be able to recover damages such as:

Medical expenses, including future treatment costs
Past and future lost wages
Pain and suffering
Other losses suffered because of the negligence

Time Restrictions for Medical Malpractice Suits

The most important thing someone who has been harmed by medical negligence can do to protect their rights is to speak to an attorney as soon as possible. A person needs to file a medical malpractice suit within the time limits after the negligence occurred, or was found out. This is commonly called statute of limitations which are different in each state. Those who fail to file a medical malpractice suit within the statute of limitations will forfeit any right to legal compensation.

Medical Malpractice Suit - Do You Have One?

If you need to see if you have a medical malpractice suit, have an experienced attorney evaluate your claim. You should consider consulting a medical malpractice attorney if you suffered harm due to:

A doctor’s error – the error may involve anesthesia, surgery, medication, diagnosis, treatment, labor and delivery, etc.
A nurse’s error – this could include medication administration, insertion of IVs, failing to call a doctor when needed, and performing processes they are not qualified to do
Lab or pharmacy mistake

There are many different types of medical malpractice, and it’s in your best interest to talk to an attorney if you think negligence has occurred and caused you to suffer injury.

Not All Malpractice Suits Go To Trial

Many medical malpractice suits are settled before they ever go to court. Trials can be long and can cost a lot, and it may be more preferable for victims to avoid a trial. It takes a skilled medical malpractice attorney to negotiate a fair settlement, so if you’re considering filing a medical malpractice suit, make sure to choose your attorney based on experience in this area of law.

Questions about a Medical Malpractice Suit

If you have questions or would like to learn more about filing a medical malpractice suit, contact our law firm today. We will evaluate your claim free of charge and explain your legal rights to you.

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Medical Malpractice Statute of Limitations

Friday, December 25th, 2009

medical malpractice statute of limitations

Normal 0 MicrosoftInternetExplorer4 When a person suffers harm because of the negligence of a medical professional, that person has a right to file a lawsuit against the responsible party(s). However, the amount of time a person has to file a lawsuit is limited by what is known as a medical malpractice statute of limitations.

 

In other words, a statute of limitations is a type of legal deadline, and individuals who fail to file a lawsuit within this deadline may have to forfeit their right to take legal action.

 

Statutes of Limitations Vary

Medical malpractice statutes of limitations vary according to state but range between one and five years from the time the malpractice occurred. There are, however, certain exceptions. For instance, medical malpractice is not always immediately evident. In cases such as this, the statute of limitations may begin at the time that the malpractice was or should have been discovered. In other instances, the victim of medical malpractice is a minor and the law may provide an exception that delays the statute of limitations from starting until the minor has reached legal adulthood.

 

Even if you think the medical malpractice statute of limitations has run out in your case, you should consult an attorney who can tell you whether any exceptions apply given your circumstances.

 

When Medical Malpractice Results in Death

Families who have lost a loved one to medical malpractice may be entitled to file a lawsuit to seek justice on behalf of their loved one. However, when medical malpractice results in death, the case may be subject to a different statute of limitations. Many states acknowledge what’s called “wrongful death”, and the laws governing wrongful death claims may override the state’s medical malpractice statute of limitations.

 

Again, if you have any questions as to the wrongful death or medical malpractice statute of limitations that may apply to your case, it’s in your best interest to talk to an attorney as soon as possible.

 

Do You Have a Medical Malpractice Case?

Medical malpractice is an unfortunate cause of serious injury and death in the United States. Each year, between 80,000 and 100,000 people in this country die as a result of preventable medical errors. Individuals and families of those who have suffered harm due to a medical error be be entitled to be compensated for their damages.

Negligence can be committed by well intentioned medical professionals like doctors, nurses and pharmacists, and can take on many forms. Whenever any of the following occurs, it’s always best to seek the advice of a lawyer:

 

· Medication/prescription error

· Surgery/anesthesia mistake

· Misdiagnosis/failure to diagnose

· Obstetric error

· Delayed diagnoses/treatment

· Infection due to unsterile conditions

 

The sooner you contact a lawyer, the better. Once the medical malpractice statute of limitations has passed in your case, you are no longer eligible to file a lawsuit and recover damages.

 

Contact Burke & Eisner Today

To find out what the medical malpractice statute of limitations is in your state, contact the attorneys at Burke & Eisner today. One of our skilled attorneys will evaluate your claim and give you the information you need with regard to your rights and any applicable legal deadlines.

 

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Medical Malpractice Settlement

Friday, December 25th, 2009

Medical Malpractice Settlement

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Medical malpractice lawsuits are either tried in court or settled out of court. Usually a medical malpractice settlement is beneficial to both parties involved since it helps to avoid a lengthy and costly court trial. Although a medical malpractice settlement is often preferable, it is not always easy to come by – This is why it’s crucial that you choose an experienced medical malpractice attorney who has a history of successful settlement negotiations.

 

 

Burke & Eisner: Medical Malpractice Lawyers


Over the course of the 15 years since our firm’s founding, we have negotiated millions of dollars of medical malpractice settlements for our clients. However, we are experienced litigators as well as negotiators, and when cases have gone to trial, we have worked hard to secure favorable jury verdicts for our clients.

 

Whether a medical malpractice settlement is reached out of court or a case is tried in court, we strive to ensure our clients are compensated for their:

 

 

 

  • Past and future lost wages
  • Past and future treatment expenses
  • Pain and suffering
  • Other damages

 

 

 

Are You Eligible for Compensation?


The only way to truly know if you are eligible to receive compensation is to have your claim evaluated by a medical malpractice attorney. You should have an attorney evaluate your claim as soon as possible after an injury is sustained due to a:

 

 

  • Surgical error – an instrument or gauze was left in the body, the wrong body part was removed or operated on, etc.
  • Laboratory error – an x-ray was misread, biopsy results were misinterpreted, blood samples were mixed up
  • Medication mistake – overdose, under-dose, wrong medication was administered
  • IV error
  • Mistake made during labor and delivery
  • Diagnostic or treatment error – cancer was not diagnosed or misdiagnosed, for example
  • Other mistake made by a healthcare worker

 

 

Individuals with medical malpractice claims only have a certain amount of time to file a lawsuit. Therefore, the sooner you get in touch with an attorney after you suspect negligence, the better.

 

If you have a case, the attorney may be able to negotiate a medical malpractice settlement on your behalf. However, it’s possible that your case may end up going to trial if a medical malpractice settlement cannot be reached.

 

 

Ask Us about a Medical Malpractice Settlement


Our attorneys are available to discuss your possible medical malpractice claim and answer any questions you may have about how to secure a medical malpractice settlement. Contact us today - we offer free claim evaluations.

 

 

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Medical Malpractice Lawsuit

Saturday, December 12th, 2009

Medical Malpractice Lawsuit

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A medical malpractice lawsuit generally arises out of situations in which a healthcare professional such as a doctor or nurse acts negligently and the negligence results in patient harm. Each year in the United States there are hundreds of thousands of injuries as a result of such negligence.

 

The law protects victims of medical malpractice, allowing them to file a lawsuit to hold negligent parties responsible and to obtain money for damages. Individuals who have been injured, however, have only a limited amount of time in which to seek legal action for the medical malpractice they have suffered. This is why it’s always best to consult an attorney as soon as negligence is suspected.

 

Medical Malpractice Compensation

You may be entitled to compensation if you have suffered injury due to the negligence of a doctor or nurse, and the way to obtain this compensation is through a medical malpractice lawsuit. By filing a lawsuit, you may be able to recover money for damages such as:

 

· Past and future medical expenses related to the injury

· Lost wages and loss of earning capacity

· Pain and suffering

· Loss of companionship (in cases involving the death of a loved one)

· More

 

Do You Have a Medical Malpractice Lawsuit?

Only a skilled attorney can evaluate your situation and help you determine if you have a medical malpractice case. You may wish to contact a lawyer for a case evaluation if you or your loved one suffered injury due to a medical error:

 

· involving medication

· while having surgery

· during labor and delivery

· involving a missed or wrong diagnosis

 

Injuries stemming from medical malpractice often include serious infections, drug overdose, disability, disfigurement and even death. However, it’s important to note that there are several different kinds of medical malpractice. Just because you don’t see your particular situation listed here does not mean that you do not have a medical malpractice lawsuit. Get in touch with an attorney to find out whether you have a case.

 

Learn More about Filing a Medical Malpractice Lawsuit

Medical malpractice lawsuits require extensive knowledge and financial resources on the part of the firm handling the case, as they are extremely complex to litigate. At Burke & Eisner, we focus much of our practice on medical malpractice cases and we have a long track record of successful case outcomes for our clients.

 

If you think you have a medical malpractice lawsuit, let us evaluate your case free of charge. We’ll be glad to inform you of your legal options and answer any legal questions regarding your possible claim.

 

 

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Medical Malpractice Attorneys

Saturday, December 12th, 2009

Medical Malpractice Lawyer

If medical malpractice has caused you or your loved one to suffer harm, the medical lawyers at Burke & Eisner can help you understand your legal rights. As a result of preventable medical mistakes, hundreds of thousands of Americans suffer serious injuries or death and the law provides such victims the right to hold accountable those parties responsible for the damages.

 

The medical lawyers at Burke & Eisner have extensive experience representing victims of medical negligence and malpractice, and have helped clients across the country secure significant monetary awards and settlements. If you feel your injuries (or those of a loved one) were caused by medical malpractice you may also be eligible to receive compensation, but it’s crucial that you have your case evaluated right away.

 

When to Contact Medical Lawyers

Even the most well-intentioned doctors and nurses make mistakes; they are, after all, only human. But there are instances in which mistakes are the result of sheer negligence on the part of the healthcare professional. In fact, by taking appropriate precautions and adhering to accepted medical standards many medical errors can be avoided.

 

Regardless of whether the mistake was intentional or not, you should always consult medical lawyers after:

 

· A missed diagnosis, delayed diagnosis, or wrong diagnosis

· A surgical error, including instruments left inside the body, wrong site surgery, or anesthesia mistake

· A prescription/medication error

· An infection contracted because of unsterile conditions, usually in a hospital

· A birth injury, particularly if a child is diagnosed with cerebral palsy or Erb’s palsy after a traumatic delivery

· The death of a family member that you suspect is due to a medical error

 

Experienced medical lawyers can evaluate your circumstances and determine your eligibility to file a lawsuit.

 

Types of Medical Compensation

Each medical malpractice case is unique, and the damages you may be entitled to depend largely on your particular circumstances. Generally, however, damages can be recovered for the compensation of medical treatment and medical expenses, permanent disability or disfigurement, loss of wages, loss of companionship, and other financial, physical and emotional losses.

 

Deadlines Apply

All medical malpractice cases are subject to a strict legal deadline known as a statute of limitations. This deadline, which is generally within one to five years from the date of the incident, requires victims of medical malpractice to file a lawsuit within a specified period of time. Statutes vary from state-to-state, and there are some exceptions. The sooner you speak with a medical lawyer, the more likely you will be of ensuring the protection of your legal rights.

 

Contact the Medical Lawyers at Burke & Eisner

Let one of the knowledgeable medical lawyers at Burke & Eisner evaluate your case free of charge and learn more about your legal rights and options.

 

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Medical Malpractice and Anesthesia

Friday, November 6th, 2009

Medical Malpractice Explained by Lawyer

Anesthesia has been used for many years in an attempt to take away the sensation of pain a person might feel during a physically uncomfortable experience. Doctors use this painkiller to allow their patients to undergo surgeries and other procedures, both common and uncommon, without feeling a great deal of pain. The term anesthesia itself has been defined as “reversing the lack of awareness,” which is done by blocking the nerves.

Nowadays the term general anesthesia is commonplace among medical professionals and in hospitals and other medical facilities. Typically doctors use general anesthesia during a medical procedure to get their patients into a semi-conscious, relaxed state during which they cannot form memories. However, more and more cases of anesthesia malpractice are arising due to the wrongful administering of the medication, a mistake that has led to cases of cerebral palsy, stroke and even death.

Anesthesia Malpractice Is a Common Occurrence

Research shows that anesthesia medical malpractice accounts for a large number of medical malpractice cases across the United States. This life-altering problem is documented as being the twelfth highest medical specialty in terms of the percentage of physicians who have been forced to pay claims for mistakes involving the drug.

Many people are surprised to hear how common anesthesia malpractice is, given the fact that it is considered one of the most difficult types of malpractice to prove. The reason anesthesia malpractice can be so difficult to prove is because the victim is typically either unconscious or heavily sedated at the time that the malpractice occurs. Therefore, minimal medical records are available as a source of reference in the case. However, as the research proves that hasn’t stopped citizens from taking legal action when either they or their loved ones have been wronged against their will.

How Does Anesthesia Malpractice Happen?

Many anesthesia malpractice cases have occurred due to the fact that hospitals and out-patient clinics aren’t careful enough and don’t keep anesthesia notes in a patient’s chart. According to reports, every hospital and outpatient clinic should keep a chart on each patient that includes:

·         A Pre-Anesthesia Exam

·         Informed Consent Form

·         Operative Record

·         Transfer Notes

·         Physician Notes

·         Post-Anesthesia Record

 

This is essential in the case that anesthesia malpractice does occur because such a chart could reveal what mistake was made or if any alterations to the patient’s surgery were taken.

Contrary to popular belief, anesthesia malpractice doesn’t only occur in the operating room. A patient can become a victim of anesthesia malpractice while they are being prepared for a procedure, during or directly after the procedure and even when they’re in recovery. It can also take place during childbirth and during even the simplest of dental procedures.

Are you or someone you love the victim of anesthesia medical malpractice? If so, contact an experienced medical malpractice attorney who will evaluate the case and ensure that you and your loved ones receive the legal guidance you deserve.

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Where To Find A Medical Malpractice Lawyer In Your Area

Tuesday, September 1st, 2009

 

Filing a medical malpractice claim is not an easy task. But as what they’ve said, there is always a first time for everybody and if this is your first time to be a “victim” of medical malpractice and you are longing to find medical malpractice attorneys or lawyers, then, you are in luck because right here right now, you will have an idea, even just a small one on where and how to find a good lawyer for the purpose of filing a settlement

There is a possibility that there will come a time will suffer due to medical negligence. So, choosing the right medical malpractice attorney may be the most important decision you make towards getting a compensation for your suffering and the first question is where, right? So, where can you find a good malpractice lawyer? Let’s take for instance, in California, specifically in places like San Diego and Los Angeles. Today, in those places, there are lots of medical malpractice lawyers that are offering their services to people and what the people will do is to go and find a directory listing online. In San Diego, people will find a San Diego medical malpractice lawyer directory listing and choose a lawyer who is near or within his area.

That way, he will have a convenient and time-saving effort in looking for the best lawyer. Sometimes, when you physically go to a lawyer especially when it is your first time (and you hope it would be the last) to go look for one, you might stumble upon someone who may be even a scam. In Los Angeles alone, there is sure to be one Los Angeles medical malpractice lawyer or two who can be scams so it is better to go online first and go through a directory listing and the second question is how. Once you get to a listing, you will know how to go about it.

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Where To Find A Medical Malpractice Lawyer In Your Area

Tuesday, September 1st, 2009

 

Filing a medical malpractice claim is not an easy task. But as what they’ve said, there is always a first time for everybody and if this is your first time to be a “victim” of medical malpractice and you are longing to find medical malpractice attorneys or lawyers, then, you are in luck because right here right now, you will have an idea, even just a small one on where and how to find a good lawyer for the purpose of filing a settlement

There is a possibility that there will come a time will suffer due to medical negligence. So, choosing the right medical malpractice attorney may be the most important decision you make towards getting a compensation for your suffering and the first question is where, right? So, where can you find a very able and competent lawyer for medical malpractice? Let’s take for instance, in California, specifically in places like San Diego and Los Angeles. Today, in those places, there are lots of medical malpractice lawyers that are offering their services to people and what the people will do is to go and find a directory listing online. In San Diego, people will find a San Diego medical malpractice lawyer directory listing and choose a lawyer who is near or within his area.

That way, he will have a convenient and time-saving effort in looking for the best lawyer. Sometimes, when you physically go to a lawyer especially when it is your first time (and you hope it would be the last) to go look for one, you might stumble upon someone who may be even a scam. In Los Angeles alone, there is sure to be one Los Angeles medical malpractice lawyer or two who can be scams so it is better to go online first and go through a directory listing and the second question is how. Once you get to a listing, you will know how to go about it.

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