Medical Malpractice occurs when a doctor does not exercise the same degree of skill and care that other doctors in the same specialty would exercise in similar instances. This applies also to all health care professionals, including nurses, dentists, osteopaths, hospitals, nursing homes, and other health care facilities.
In many instances the victim of Medical Malpractice dies as a result of Doctor or Hospital Negligence, severe Birth Defects, Cerebral Palsy, or Misdiagnosis of a serious medical condition. A wrongful death claim seeks money damages for the death of an individual as a result of the Medical Malpractice. In these cases, the surviving spouse and children are entitled to monetary damages as a result of the death of their loved one. If you have lost a loved one due to Medical Malpractice, Doctor or Hospital Negligence, Birth Defects, Cerebral Palsy, or Misdiagnosis contact us, at the earliest possible moment, at http://www.selectcounsel.com/, so we can arrange to get you one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.
Cerebral palsy is a chronic condition affecting body movements and muscle coordination. It is caused by damage to one or more specific areas of the brain, usually occurring during fetal development, or during infancy. It can also occur before, during or shortly following birth. Was your child’s Cerebral Palsy caused by a Doctor’s or Hospital’s Negligence? Unfortunately, Medical Malpractice causes thousands and thousands of Cerebral Palsy cases each year.
Medical Malpractice is also one of the leading causes of many Birth Defects. Many of these Birth Defects include Erby’s Palsy (the inability of a child to move his/her arm and shoulder); Klumpke’s Palsy (the inability of a child to move his/her wrist or hand); and Horner’s Syndrome (a defect that affects the facial nerves resulting in constricted pupils and eye retraction into the head.
Unfortunately, some Doctors fail to diagnose medical conditions that harm their patients. Such a Medical Misdiagnosis may cost their patients their life. Some of the most common life threatening diseases that are misdiagnosed include: Breast Cancer; Tuberculosis; Lung Cancer; Diabetes; Prostate Cancer; Cervical Cancer; Ovarian Cancer; Testicular Cancer; Heart Attack; Strokes; Pulmonary Embolism; Bacterial Meningitis; and Appendicitis.
Tuesday, December 11, 2007
What is Medical Malpractice?
Auto & Car Accidents
Automobile travel remains the primary means of transportation in the United States. Unfortunately, despite all its advantages, deaths and injuries resulting from auto accidents are the leading cause of death for persons of every age from 2 through 33 years old. Automobile traffic fatalities account for more than 90 percent of all transportation-related fatalities. Auto accidents occur every single day and are the most common source of personal injury. While some auto accidents result in minor damage, many are extremely serious and result in severe injury, permanent disability, and even the death of drivers, passengers, and pedestrians.
These auto accidents often result in pain and suffering, emotional distress, lost wages, medical expenses, and property damage - all of which may entitle you to financial compensation. According to the United States Department of Transportation, there were 6,328,000 car accidents in the US in 2003. As a result of these automobile accidents, there were 2.9 million injuries and 42,643 people were killed in auto accidents.
Car accident victims have a right to be compensated for their injuries. However, many victims of auto accidents do not realize they are entitled recovery money damages for their injuries. Insurance companies have entire teams of employees, adjusters and attorneys, devoted to limiting the amount of money they will have to pay out to innocent victims in an effort to limit their own liability.
Frequently asked questions on medical malpractice and personal injury cases and lawyers
HOW DO I KNOW IF I NEED TO HIRE A LAWYER?
You will probably need a lawyer’s services if you have been seriously injured or wronged in some way, either by an accident, medical malpractice, a defective product, a slip and fall, a dog bite or sports injury. We provide free consultations to understand the facts of your case and to be in a position to refer you to one of the best lawyers in your area.
WHY SHOULD I HIRE AN ATTORNEY TO ASSIST ME IN RESOLVING MY ACCIDENT OR INJURY CLAIM?
More money for you is the primary reason! An insurance industry research institution studied personal injury claims processed by the injured person alone versus those that were handled by attorneys. The study determined that those represented by attorneys had a higher net recovery for themselves (more money in their pocket after attorney’s fees and costs) than those without attorneys.
Our experience provides you the advantages of a skilled professional who can assist you in helping to find you one of the best lawyers in your area to represent you. One major benefit in having a skilled lawyer is that it will provide you with the benefit of their experience and insight to equal the playing field when dealing with insurance companies and the major corporations of the world to help maximize the amount of money you can recover. Having an experience lawyer or law firm involved in your case allows you to focus on recovering from your injuries while the attorney focuses on holding the responsible party accountable for those injuries and damages.
I HAVE BEEN INJURED, WHAT WILL IT COST TO HIRE A LAWYER?
The majority, if not all, personal injury clients and medical malpractice are represented on a contingent fee basis. That means you pay a fee only if your attorney recovers money for you. You are responsible for costs incurred, but costs do not include attorney fees, and the costs are paid from any settlement or judgment entered against the person responsible for your damage or injury. Most firms advance all costs so that the case can be properly prepared and presented for settlement or trial.
DO THE FIRMS YOU CONTACT OFFER A FREE CONSULTATION?
Yes, the firms we contact on your behalf offer an initial consultation for which they do not charge. The purpose of this initial consultation is to review the facts of your case, give you an indication of whether the case is one that they might be interested in handling, and to discuss with you the financial arrangements for their representation.
HOW SOON AFTER I AM INJURED DO I HAVE TO FILE A LAWSUIT?
Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. There are also a number of notice requirements of a much shorter period of time which, if missed, can result in a dismissal of your case. If you miss the deadline for a notice requirement or for filing your case, your claim can be dismissed. Consequently, it is important to talk with us as soon as you receive or discover an injury.
WHAT IS “NEGLIGENCE?”
The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the situation that caused the injury. A person is negligent when he or she fails to act like the “reasonable person.” The determination of whether a given person has met his/her “reasonable person” standard is often a matter that is decided by a jury after presentation of evidence and argument at trial.
WHAT IF I CAN’T PROVE SOMEONE’S NEGLIGENCE CAUSED MY INJURY? IS THERE ANY OTHER BASIS FOR LIABILITY BESIDES NEGLIGENCE?
Yes, certain individuals or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product or the owner of a dog that bites someone, for instance, may recover compensation for without showing that the other was actually negligent.
WHAT COMPENSATION CAN I RECEIVE IF MY PERSONAL INJURY OR MEDICAL MALPRACTICE LAWSUIT IS SUCCESSFUL?
Usually, a person who is liable for an injury, which means his or her liability insurance company, must pay an injured person for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and damaged property. You will be awarded “damages” or compensation which is money intended to restore you to the position you were in before you injury. This money is not considered income (excluding monies paid for loss of income) and is not taxable as income by the federal government or state.
The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.
It is very important that you contact us, at the earliest possible moment, at www.selectcounsel.com, so we can arrange to get you one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.
You will probably need a lawyer’s services if you have been seriously injured or wronged in some way, either by an accident, medical malpractice, a defective product, a slip and fall, a dog bite or sports injury. We provide free consultations to understand the facts of your case and to be in a position to refer you to one of the best lawyers in your area.
WHY SHOULD I HIRE AN ATTORNEY TO ASSIST ME IN RESOLVING MY ACCIDENT OR INJURY CLAIM?
More money for you is the primary reason! An insurance industry research institution studied personal injury claims processed by the injured person alone versus those that were handled by attorneys. The study determined that those represented by attorneys had a higher net recovery for themselves (more money in their pocket after attorney’s fees and costs) than those without attorneys.
Our experience provides you the advantages of a skilled professional who can assist you in helping to find you one of the best lawyers in your area to represent you. One major benefit in having a skilled lawyer is that it will provide you with the benefit of their experience and insight to equal the playing field when dealing with insurance companies and the major corporations of the world to help maximize the amount of money you can recover. Having an experience lawyer or law firm involved in your case allows you to focus on recovering from your injuries while the attorney focuses on holding the responsible party accountable for those injuries and damages.
I HAVE BEEN INJURED, WHAT WILL IT COST TO HIRE A LAWYER?
The majority, if not all, personal injury clients and medical malpractice are represented on a contingent fee basis. That means you pay a fee only if your attorney recovers money for you. You are responsible for costs incurred, but costs do not include attorney fees, and the costs are paid from any settlement or judgment entered against the person responsible for your damage or injury. Most firms advance all costs so that the case can be properly prepared and presented for settlement or trial.
DO THE FIRMS YOU CONTACT OFFER A FREE CONSULTATION?
Yes, the firms we contact on your behalf offer an initial consultation for which they do not charge. The purpose of this initial consultation is to review the facts of your case, give you an indication of whether the case is one that they might be interested in handling, and to discuss with you the financial arrangements for their representation.
HOW SOON AFTER I AM INJURED DO I HAVE TO FILE A LAWSUIT?
Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. There are also a number of notice requirements of a much shorter period of time which, if missed, can result in a dismissal of your case. If you miss the deadline for a notice requirement or for filing your case, your claim can be dismissed. Consequently, it is important to talk with us as soon as you receive or discover an injury.
WHAT IS “NEGLIGENCE?”
The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the situation that caused the injury. A person is negligent when he or she fails to act like the “reasonable person.” The determination of whether a given person has met his/her “reasonable person” standard is often a matter that is decided by a jury after presentation of evidence and argument at trial.
WHAT IF I CAN’T PROVE SOMEONE’S NEGLIGENCE CAUSED MY INJURY? IS THERE ANY OTHER BASIS FOR LIABILITY BESIDES NEGLIGENCE?
Yes, certain individuals or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product or the owner of a dog that bites someone, for instance, may recover compensation for without showing that the other was actually negligent.
WHAT COMPENSATION CAN I RECEIVE IF MY PERSONAL INJURY OR MEDICAL MALPRACTICE LAWSUIT IS SUCCESSFUL?
Usually, a person who is liable for an injury, which means his or her liability insurance company, must pay an injured person for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and damaged property. You will be awarded “damages” or compensation which is money intended to restore you to the position you were in before you injury. This money is not considered income (excluding monies paid for loss of income) and is not taxable as income by the federal government or state.
The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.
It is very important that you contact us, at the earliest possible moment, at www.selectcounsel.com, so we can arrange to get you one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.
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