How Does Wrong Site Surgery Happen?

Surgery is a huge event in most people's lives. The great risk and cost that are often involved in a surgery grab most people's attention. But doctors, surgeon's, and their teams handle hundreds of surgeries in their careers and do not always share the same focus and concern at all times. In these instances, accidents can occur.

But accidents or negligence that is associated with surgery can have dangerous consequences. Wrong site surgeries can occur in a number of different ways and for a number of different reasons. This type of surgical error can occur when a patient is incorrectly operated on. If a surgery is performed on the wrong body part, or on the wrong side of the body, this can be considered wrong site surgery. Also, this type of medical mistake can be committed if a surgical procedure is performed on the wrong patient. Surgery on the wrong site, side, or person is a dangerous and frightening thought.

This type of negligence can occur for a number of different reasons. One situation in which wrong site surgeries occur is during emergency situations. Any surgery that has time restraints puts additional stress on medical professionals and errors can occur. Also, if multiple surgeons are involved, there is room for communication errors that can result in improper surgical procedures. These actions are inexcusable because the results can be devastating. Not only is the initial problem not addressed, but more unnecessary damage is often done. This is a detrimental and expensive process for every person involved.

If you or someone you love has been the victim of a wrong site surgery, please visit the Detroit surgical errors lawyers at Ravid & Associates, P.C.

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Dentistry - Electronic Health Records (EHR) - The Truth

The goal of the Federal Government is to motivate healthcare providers to implement and use certified electronic health records (E.H.R.) for all patients. This is a great opportunity for dentists; the incentives make it possible to recoup up to 100% of the investment in new technology. There are limitations; not every dentist will qualify for incentive payments. In fact, the number of dentists that are truly eligible is far less than one might think.

The truth is that moving to certified E.H.R. technology is not mandated by the federal government. Every provider has the choice to implement and use E.H.R. in their practices. The law very clearly states that moving to certified E.H.R. is encouraged. However, certain providers are in effect being forced to implement and use it by 2015.

All health care providers are eligible to apply for the certified E.H.R. incentive payments. In order to qualify for the payments, you must be an eligible provider, use certified E.H.R. technology, and prove meaningful use. All three criteria must be met in order to receive any incentive payments.

The first step is to determine if you are an eligible provider. This is extremely important if you are choosing to purchase and implement the technology in anticipation of an incentive payment. Sadly, many dentists don't qualify as an eligible provider and will not receive any incentive payments.

An eligible provider is one that is seeing Medicaid/Medicare patients. All health care providers can apply for the incentive payments however only those that are seeing Medicaid/Medicare patients will qualify. The Center for Medicaid Services website has tools available to help determine if you might qualify for an incentive payment and how much the payment might be.

Second, you must determine if you are a provider that is in effect being forced to comply. The law states health care providers will be penalized for non-compliance. The penalty is a 99% reduction in their fee schedule for 2015 and 98% in 2016 and 2017. Providers that must comply have a patient base that is at least 30% Medicaid/Medicare patients. Again, the law does not mandate them but is in effect forcing them to comply in order to avoid the penalty of their fees being reduced.

Next, you must find a dental software program that achieves the criteria for certified E.H.R. technology. Sadly, most of the software available today fails to achieve all the criteria stipulated in the HIPPA Act. The one missed in most programs is the "locking" of the chart immediately once it is closed. This requirement was adopted from HIPPA and is mandatory in order to receive certification.

Then, even if the program meets all the criteria, there is only one way to become certified and that is through The Office of the National Coordinator for Health Information Technology (ONC). The ONC publishes all programs that have received certification on their website. Remember, providers must use certified E.H.R. technology to qualify for incentives. No dental software programs have received certification, either temporary or permanent, at this time.

Finally, you must prove meaningful use. Basically, this is demonstrating that the technology is actively in use. To apply for incentives, you must report to the government that you are using the technology. This involves filing the requested forms at each stage of the transition in order to receive the incentive payments. Visit www.cms.org for more information on when and how to file the desired forms.

Implementing certified E.H.R. technology has many well known benefits and now, if you are an eligible provider, it can be done for little or no cost. The truth is implementation of certified E.H.R. is not mandated by the federal government; it is encouraged. Every provider should learn if they are eligible to receive incentive payments before investing in the technology. This is especially true if a provider is relying on incentive payment to help offset the costs.

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Surgery Mistakes

Undergoing surgery can be a very scary and uncertain process for patients. Surgeons and other members of the surgery team have to follow very strict standards of practice. Patients who go through surgery are often helpless while the surgery is happening. This is why it is so important that surgical teams follow strict procedures. However, medical professionals sometimes do make serious errors or mistakes that result in injury to innocent patients.

If you are concerned that medical staff members made errors during your or a loved one's surgery, contact an attorney today to discuss your case. Knowledgeable attorneys can help you understand your rights and any legal action you may be able to take following a damaging surgical error.

Types of Surgery Errors

When patients go under a surgeon's knife, they are completely vulnerable. Many surgical teams are skilled and can handle the procedures well, as well as any unexpected complications that may arise. However, sometimes careless mistakes are committed such as:

Administering anesthesia improperly Giving the wrong dosage of medication Operating on the wrong body part Leaving objects in the patient's body Performing the wrong surgical procedure

Many other kinds of errors could be made as well that could unnecessarily complicate the surgery and a patient's recovery process. If you or someone you love recently went through surgery and the surgical team made an error that resulted in more time spent in the hospital or time away from work, you may be eligible for compensation. Medical bills are expensive and lost time at work can make it very difficult to pay bills and lead a normal life.

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Understanding Wrongful Death Lawsuits

Simply put, wrongful death is the death of one person caused through the fault of another person. You should talk to an experienced wrongful death attorney if you believe you have a claim, but below is some information to help you understand some of the situations that call for legal representation.

Wrongful death lawsuits can originate from a number of situations, such as deadly motor vehicle collisions, medical malpractice, product liability, constructions injuries, reactions to prescription or over-the-counter drugs, and attacks by family pets. In any of these scenarios, should the circumstances result from the neglect of another party, a wrongful death claim may well exist.

1) Motor Vehicle Accidents

The commonest situation bringing on this type of lawsuit is motor vehicle crashes. Each year, many people worldwide are killed in terrible car accidents. Because most of these car accidents come from the carelessness of the other motorists, wrongful death claims are commonplace. In addition, this type of claim can be made against a city when it has been negligent in providing for the safety of pedestrians.

) Medical Malpractice

Members of the family of the deceased victim may well file suit against medical care providers who've been negligent in their responsibility to provide proper health care, which in turn has lead to their patient's demise. This loss of life may have been caused by a surgical error, incorrect medical diagnosis of a fatal condition, emergency room neglect, as well as any other kind of carelessness by a medical care practitioner or healthcare facility.

3) Product Liability

Makers or suppliers of products can be held legally accountable for a wrongful death if the items that they make or sell are faulty and the item brought about the death of a relative. A suit could be based on product liability such as defective medication, a substandard car part, a malfunctioning safety product, faulty medical equipment, or defective construction scaffolding, among others.

4) Premise Liability

Owners of properties will be held accountable death that arises from an incident like a trip and fall incident, construction mishap, escalator or elevator injury, as well as any kind of incident that is a result of the owners' lapse in their legal responsibility of proper care of the property.

A wrongful death claim is different from standard personal injury claims in that family members, as opposed to the individual who has been harmed, generates the legal claim. The kinds of damages granted are consequently distinct too; settlement isn't determined by factors such as pain and suffering. Instead, these claims are meant to deal with the economic and emotional harms sustained by the remaining members of the family.

The laws and regulations concerning damages differ from one state to another. Generally, litigants can get recompense for the calculated lifetime income of the individual that passed away. Pain and suffering as well as loss of companionship can also be compensated in these situations, especially where the complainant, such as a spouse or child, lived in the same residence with the dearly departed.

State statutes establish the time period when these kinds of claims may be brought, along with who will be permitted to file a wrongful death lawsuit. For more information, if you believe you have a claim, you should contact a local trial attorney who is experienced in wrongful death lawsuits. These attorneys normally offer a free consultation to determine if you have a case and if he or she is the best lawyer to represent you in your claim.

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Types of Birth Injuries

The birth of your baby should be a joyous moment. Unfortunately, this day can be marred by an act of negligence or carelessness on account of your doctor, a nurse, or the hospital. Incidents of birth injury medical malpractice can change your life and the life of your baby forever - leading to paralysis, nerve damage, permanent disability, and even death. Studies indicate that for every 1,000 babies born in the United States, six babies will suffer some type of birth injury. As a soon-to-be-parent, these statistics indicate a potential birth injury must be something you are aware of and try to prevent.

These are some of the most common birth injuries:

The doctor delaying a decision, such as deciding whether or not a c-section is needed, could endanger your unborn baby. The hospital could fail to detect an infection. Misuse of medical equipment, such as forceps or vacuum extractor, during the birthing process. Misreading the fetal monitor or misuse of the fetal heart rate monitor. Incorrect dose of medication or given medication at an inappropriate time. A mistake could be made during your newborn son's circumcision surgery.

These mistakes can lead serious, life-altering injuries. Misuse of forceps could lead to nerve damage and paralysis in the face, shoulders, and arms (cerebral palsy).

Erb's palsy occurs when nerve damage causes problems with moving the arms and hands. If the baby suffers from blood loss or lack of oxygen to the brain, it could result in permanent brain damage.

If you believe your child was the victim of a birth injury caused by medical malpractice, contact a Las Vegas medical malpractice lawyer right away.

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Lawsuit Follows Death Of Woman When Doctors Failed To Screen Her As Per Cancer Screening Guidelines

The need for screening even symptomatic patients for colon cancer when they are 50 or older and for testing patients who exhibit certain symptoms such as blood in the stool is generally accepted within the medical community. A failure to do so may lead to a delay in the diagnosis of colon cancer which in turn may allow the cancer to spread. Below we examine a documented case involving a woman over the age of 50 whose doctors not only failed to screen her when she was as symptomatic but continued to not test her even after she developed a number of symptoms.

In this case the woman treated with her primary care physician from the time she was 50 years old to the time she was 55. During that time her medical history included obesity, a hernia and hypertension. Her doctor, however, never performed or recommended that she undergo screening for colon cancer.

When she was 55 she experienced vomiting as well as diarrhea with blood clearly visible in her stool. She went to the emergency room where the attending physician diagnosed her as having gastroenteritis. She followed up with a doctor a few days later. This doctor made a note of the fact that she now had up to three bowel movements a day, all of which contained a blood. The doctor recommended a wait-and-see approach and thought that she would need a lower G.I. endoscopy if her condition did not improve. The doctor's differential diagnosis was for colitis. The doctor apparently never considered colon cancer as part of the differential diagnosis. A year later she again saw this doctor complaining of abdominal issues and at least 50 pounds of unexplained weight loss. The doctor concluded that her weight-loss was the result of a change in her diet and even though she had a history of blood in her stools that doctor again did not order or perform any tests to rule out colon cancer.

A month later the woman again goes to the hospital with complaints of pain in her abdomen and continuing diarrhea. Also, by now there was blood present when she vomited. Her stool was now a dark brown color and testing revealed blood present in the stool. The doctor at the emergency room diagnosed her as having a gastrointestinal bleed. The doctor next ordered an x-ray which revealed a partial obstruction of the bowel. The doctor then admitted her to the hospital. Blood tests revealed that her CEA, a marker for colon cancer, was abnormally high.

Initially a gastroenterologist performed an upper G.I. endoscopy and took several biopsies. The gastroenterologist, however, failed to a colonoscopy. It was not until a covering physician at the hospital noted that her history was suggestive of cancer and that additional testing was required that a sigmoidoscopy was finally performed approximately 2 weeks later. The sigmoidoscopy revealed a large obstruction and a follow-up CAT scan showed a large tumor. During surgery it was discovered that her cancer had already spread to both her uterus and her bladder. In addition the pathology report of the material removed during the surgery found cancer in 13 lymph nodes. The diagnosis - stage IV colon cancer.

She commenced treatment with chemotherapy and after experiencing intolerance for the chemotherapy along with bowel obstructions and even renal failure, the woman died less than a year later. She was only 58 years old at the time of her death. She was married and had two adult children. Her family pursued a claim against the doctors for the delay in the diagnosis of her cancer. The law firm that handled this lawsuit documented a settlement in the case for $950,000 on behalf of the family.

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How a Medical Malpractice Attorney Can Help

A medical malpractice attorney can help a client who has had a doctor who has committed professional negligence, by either act or omission, which then makes the treatment or procedure turn out to be worse than the accepted standard within the medical community. A medical malpractice attorney can also help a family who has had a family member die or be injured by a doctor who has committed professional negligence. Each country has its own regulations and standards that define professional negligence. Sometimes doctors and other medical professionals obtain professional liability insurance to help defray the risk and also the costs of a lawsuit based on their errors.

One statistic shows that about 200,000 people are killed each year by medical errors. If the family decided to sue, this is where a medical malpractice attorney would step in and help them win their case. In October of 2008, there was an estimated $324 million worth of costs for the hospitals where medical errors occurred. Even though there are about 200,000 people killed each year because of medical errors, only about 15,000 to 19,000 actual suits are brought against doctors each year. In 2003 the expenses due to these lawsuits was at a 20-year high with $4.8 billion in payouts. Since then, however, the payouts have been on a decrease, and in 2011, the total amount of payouts hit a 10-year low. Each state has its own amount of payouts, and these quantities vary greatly.

In order for plaintiffs to win their case, they will need to have all four elements of the tort in order. The first thing that a claimant needs to prove is that there was a duty owed to the patient. This is to say that they need to prove that the hospital or doctor had undertaken the treatment of the patient, because any time a hospital or doctor actually undertakes the care or treatment of a patient, then there is a legal duty to care for that patient. The second aspect of the tort that they need to have in place is that duty was actually breached. This means that they have to prove the healthcare provider's failure to provide the relevant standard care. The third thing they need to prove is that a breach in standard treatment practice actually caused injury and that said breach was in fact the cause of that injury. Finally, they need to prove that there was damage as a result of the aforementioned mistreatment. Without damage, be it emotional or pecuniary, then the case will fail, even if the healthcare professional was actually negligent. Even if there was damage, it could have reasonably occurred without negligence.

Another thing that a plaintiff should know is that there is a limited time in which they can file for the suit. These time limits often vary depending on what kind of professional negligence occurred and where it happened. Often, it is good to file as soon as possible where these cases are concerned. That way the process can get started as soon as possible. The complexities of these varied legal requirements make the consultation of a professional medical malpractice attorney most important for a victim's success with a claim.

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Factors in Medical Malpractice Suit Limitations

There are statutes of limitations associated with most types of lawsuits, including medical malpractice claims. A statute of limitations governs when a claim may or may not be filed following an incident of malpractice. After the established time limit passes, a person is no longer permitted to take legal action against a physician. As each state creates their own laws regarding their malpractice statutes of limitations, the specifics may differ according to the jurisdiction.

For many, there may be a general time period set for injuries. As this can be an obtuse figure, many jurisdictions apply their time limitations to the time at which a patient recognized that a physician made a mistake. However, if a patient has not reasonably noticed the effects of malpractice, the time limit may be applied to a rough estimate of when their injuries should have become apparent.

Minors are often treated under different standards than those above the age of 18, as their reaction to malpractice may not necessarily be the same as someone who has reached the age of majority. For minors, the statute of limitations may extend through their 18th birthday, at which point they are granted the limit of time given to adults. For cases of malpractice that occurred at or before birth, a child's statute of limitation may be pushed to a different, arbitrary date. Again, this is a concern left to each particular state.

For cases in which a patient died because of the negligent behavior of a doctor, the statute of limitations may be pushed to after the patient's death. Even though these wrongful deaths may be significantly more serious than other injury concerns, there is still an established time limit for filing a lawsuit.

For more information regarding these lawsuits, contact a medical malpractice attorney.

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Treating Sepsis

With the introduction of infection into the body, there are numerous problems that can arise. In particular, if an infection is left unchecked and is permitted to spread to the bloodstream, the resulting condition may prove life-threatening. Known as either sepsis or blood poisoning, this medical emergency can produce extreme tissue damage throughout the body. Additionally, the condition causes the body to enter into a large-scale state of inflammation, causing an increase in body temperature and heart rate. Without medical attention, the mortality rate of this condition is very high.

There are some treatment options available for those suffering from sepsis, although success is certainly far from guaranteed. In cases of severe sepsis or when a patient slips into septic shock, physicians often must take more drastic action to fight the infection, as the mortality rate can hover above 40 percent. With aggressive treatment, this may be even lowered to roughly 25 percent.

Among the different treatment options, there are a few standards. Obviously, as the cause of sepsis is the presence of an infection in the bloodstream, antibiotics are often included as a central part of a treatment program. In addition to antibiotics, supplemental treatment may be necessary to keep each of the major organs running properly. In particular, with heart failure being a major risk, treatments may be prepared to improve heart function in case of weakening.

The removal and drainage of infected tissue and fluids may occur as a part of clearing out the infection. As the body reacts to the extreme conditions, fluid can build up around the body, in part due to the kidneys becoming overloaded. With kidney failure, fluid may collect and build up around the body, requiring prompt removal. If the infection becomes severe enough, the dysfunction within the body can cause necrosis to set in. In these cases, removing necrotic tissue through amputation may be necessary.

To learn more about a patient's options if negligence has caused the onset of sepsis, contact a medical malpractice attorney.

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When To Hire A Malpractice Lawyer

Unfortunately malpractice lawyers are getting more clients than we probably think. Medical malpractice is when a medical professional neglects steps during a medical or even dental procedure that causes their patient injury or in some cases, even death. Most medical professionals are required to have some type of liability insurance just in case any issues arise, but more and more are opting out of this. Many of them think that malpractice issues could never affect them but this leaves them liable for cost if something does end up happening.

Malpractice can cover a wide variety of issues some of which are smaller but others can be life threatening. If you have been unfortunate enough to suffer injuries or a family death due to negligence then hiring a DC malpractice lawyer can greatly change your life. Many people look for their lawyers online or in the local yellow pages only to be directed to lawyers purely interested in making money only. Sifting through malpractice lawyers can take hours of your time and even then you still may not find the best lawyer for your needs. We offer some of the most knowledgeable staff and information available for those in need of a malpractice lawyer.

You are entitled to money and other benefits if you have been a victim of malpractice so why not take advantage of that? With a little professional guidance you can be on your way to collecting those benefits and getting your life back in order. If you have lost a friend or family member to malpractice then it is even more important that you take advantage of our services. Funeral costs these days are through the roof with the average funeral costing between $3,000 and $10,000! On top of medical bills and insurance payments the deceased's family is forced to pay even more money than before.

Malpractice happens more often than we would hope it would and although the doctors are not setting out to neglect their procedures, it does happen. Keep yourself and your family protected during these unsure times and choose us for all of your malpractice needs. No one should have to suffer through an injury and the stress of trying to find the right lawyer. By choosing our company we can help find the best malpractice lawyer that we have available.

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Complications After Surgery

Preparing for surgery can be a frightening thought for many people. Most people take hope in the fact that the surgery that they are about to have will be a benefit for their health and will not take away from it. For most surgeries, this is true and the procedure greatly benefits a person's health. But there are circumstances in which post-surgical complications can leave a patient in even greater pain.

Every surgery involves some risk, but surgeons are well trained to handle situations safely and effectively. If a surgeon is negligent during a surgical procedure, however, the results can be harmful to the patient and may result in dangerous complications. The tissues of the body are delicate and if proper care is not taken to protect unaffected tissues during a surgery, hemorrhaging and infection can result.

Infections after a surgery may be caused by improper hygiene during the surgery or because of improper post-surgical care. Every detail is important before, during, and after surgery because a person's body can easily be exposed to foreign elements that it may not be able to handle. Infections occur when a foreign body is introduced into a person's system. This is a very real threat during surgery and surgeons and their staff must be diligent in protecting a patient against this threat.

Hemorrhaging can also occur after a surgery is completed if a surgeon or their team fails to attend to all of the details of a procedure. Surgery can often be a lengthy and involved process, but it is important for medical professionals to be attentive throughout the entire process or else complications may occur after the surgery has been completed.

If you or someone you love has suffered further injury and pain because of post-surgical complications, it is important to seek justice and proper compensation. Please visit the website of the Detroit surgical errors lawyers at Ravid & Associates, P.C..

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Incorrect Dosages of Anesthesia

Anesthesia has been a blessing to modern medicine. The amount of pain and suffering anesthesia can avoid is immense. Until it's invention, people suffered from surgeries with little pain medication. Considering having wisdom teeth pulled with only alcohol to help with the pain or a limb removed while still having feeling. However, with this gift comes certain responsibilities in it's administration.

With such a powerful form of medicine, if it is used incorrectly it can create huge problems for a patient. Malpractice in anesthesia often includes an anesthesiologist giving an incorrect dosage to the patient. The results can range from a minor increase to sickness to death.

In the event that a person or loved one is a victim of an incorrect dosage, there may be compensation available from the medical professionals to provide some relief from medical bills, emotional distress, and long-term damages and treatment. Discussing your case with an attorney may be the first step to securing it.

Consequences

The unfortunate results of incorrect dosages include creating disabilities with brain injuries and emotional trauma from a sickness which will involve years of care. The cost of sustained illness can be very high, leaving an innocent individual with tough financial circumstances that they do not deserve.

Wrong dosages can be caused by doctor error in amounts of anesthesia given. Even the wrong timing in administration can be dangerous. In many cases, inaccurate or misprinted labels can cause these errors. Sometimes, even something as simple as poor handwriting can lead to serious medical problems. The fault of these errors can be laid on several medical professionals, and a medical malpractice lawsuit may be the best way to secure money needed to pay for medical bills and other significant expenses.

Learn More

For more information about these malpractice cases, visit the website of the Pennsylvania malpractice attorneys of Lowenthal & Abrams, P.C. today.

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The Importance of Finding a Good Medical Malpractice Attorney

When you are ill you turn to a doctor hoping to get the best treatment. You think that the physician is highly educated in his field and can use current medical theories to give you the best possible care. But the problem is that not in all the cases you can rely on your physician. Doctors are also people and they may make mistakes too. There are cases when you can become the victim of a doctor's negligence. In these cases we deal with medical malpractice.

All of us have heard terrible stories about people who have had some surgical tools, rags, etc. in their body after being operated and who have later on found out that they need to have their limb amputated. Or we have also heard stories about people who have been given a faulty diagnosis as well as wrong treatment and, thus, have suffered more pain.

In all of these cases you have the right to get compensation for the loss and pain you have suffered. If you have been damaged as a result of wrong and failed medical care you should hire a medical malpractice attorney and fight for your rights.

Most people think that hiring a malpractice attorney is just a way of getting rich. In reality this is a very faulty opinion. When you are injured as a result of your doctor's fault, you will have to hire an attorney and pay for his services. You will have to pay for medical expenses and support yourself if you are out of work on behalf of your new injury. Compensation will help you to solve these financial problems. Besides it will teach the doctor a good lesson.

The importance of hiring a medical malpractice attorney lies in the fact that the lawyer knows the laws referring to malpractice cases quite well. He will help you to file a lawsuit against the doctor and, if needed, he will represent you in the court and fight for your rights.

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The Dangers of Dirty Needles

Most medical needles are one use only needles that are used to administer medications and vaccines to patients. These needles come into direct contact with an individual's bodily fluids; most notably, they come into contact with an individual's blood.

This is the reason why needles can only be used once. An individual's blood is supposed to be sterile, but some individuals have blood infections and other diseases that may be easily transmitted through shared needle use, as needles tend to contain trace amounts of an individual's blood after their use.

When medical professionals fail to dispose of used needles, other medical professionals may mistake the needles as being unused. This is troublesome, because it means that the unknowing healthcare provider may inject another person with the used needle.

When this happens, the second individual is at risk for catching an infection such as hepatitis, HIV, skin infections and rashes, and other blood borne illnesses. In some cases, these illnesses can be cleared up using antibiotics and fluids.

Unfortunately, some of these illnesses are incurable, leaving individuals with a lifetime of treatment and medication to keep an infection, such as HIV, manageable. When this happens, the victim of the dirty needle may be entitled to financial compensation.

Failure to dispose of a dirty needle will likely be seen as an act of medical malpractice because a competent, sure-minded healthcare provider would have thrown the dirty needle away. As such, individuals who file medical malpractice lawsuits may win the compensation they deserve.

Individuals are advised to seek experienced legal help before pursuing a lawsuit. While legal help does not ensure a victory, it may help an individual increase his or her chances of winning his or her case.

If you or someone you love suffered an infection after being injected by a dirty needle, discuss your legal rights and options with the Sheboygan medical malpractice attorneys of Habush Habush & Rottier, S.C., today.

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What Does Medical Malpractice Law Say About Your Case?

If you believe that you have been injured by the negligence of a doctor or a hospital, you may need to look into contacting an attorney and filing a medical malpractice lawsuit. However, there are many misconceptions about medical malpractice law that should be dispelled. Do not believe all of the myths; instead, find and listen to the advise given you by an attorney experienced in medical malpractice law.

Hospitals, and even physicians, will sometimes include language in the forms you sign when you begin treatment that purports to waive your right to sue the physician. These types of waivers are typically ignored by the courts. In other words, you have not waived your rights by signing that document prior to a procedure.

You will have to be ready to prove to a court that the medical procedure was handled improperly and that this caused you damage. Keep a daily diary of any events and any pain or disability you experience.

An expert will usually have to be retained to testify as to whether the physician or hospital was negligent and did not meet the "standard of care." You will also need an expert who can testify about the amount of your damages and the fact that they were caused by the malpractice. Damages include such things as additional medical bills, disability, pain and suffering and lost wages. Your attorney, who is used to working in medical malpractice law, knows the appropriate expert for your case.

Realize that experts are very expensive, although your attorney will likely pay the expert's fee up front.

You should also understand that a medical malpractice case is not always successful. Quite often juries are more sympathetic to doctors and hospitals. Even if you win your case, you may not win as much as you bargained for. Your case might be the multi-million dollar verdict that you read about in the newspaper. However, let your attorney guide you as to the true value of your claim, as he or she has more experience in knowing what cases are real winners and what juries award in your jurisdiction.

Note however that if you do have a legitimate case, chances are very good that a settlement will be done outside of the courtroom since the doctors and hospitals do not want the huge negative publicity that would accompany a settlement.

Because of the legal and economic hurdles in medical malpractice law, the vast majority of medical malpractice claims are settled before they ever get to trial. However, this should not keep you from taking your case to a lawyer for a review. If there has truly been malpractice and if you have been injured, you could have a valuable claim.

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