How To Get Help With Medical Malpractice

by Joe Hanoa

Medical malpractice is a category of personal injury law. A personal injury occurs when the actions or negligence of another causes injury to your person, property, reputation or rights. You wouldn’t have sustained the injury if it hadn’t been for the action or negligence of the other party. An injury is defined as a wrong or damages. This situation obviously applies to medical malpractice.

When medical personnel commit a wrong that results in injury to the patient and that patient sustains an injury, the patient may have the right to seek damages. Whether it is a wrong diagnosis that has resulted in injury, a wrong medication prescribed or given accidentally, a wrong action that results in injury, whatever, the patient may have the right to sue for damages. It doesn’t matter if the act that caused the injury is malicious or accidental. The action happened and the patient sustained injury as a result of the action. The amount of damages is related to the amount of injury. If you think you are in this situation, then you should see an attorney as soon as possible. The sooner you seek legal advice the better.

Finding an attorney is not always easy. You can ask friends, relative and colleagues if they know of any attorneys. You can call the local bar and ask for a referral. You can also look in the phonebook or online for a law firm. When you see the attorney bring whatever material they request you to bring. Tell them all of the relevant facts and details. The law firm will evaluate the situation and tell you if they think you have a cause of action. The attorney will tell you if he wants to handle the case. He may refer you to another attorney at his law firm or at another law firm, depending on the circumstances. Some attorney’s specialize in medical malpractice .

The role of medical malpractice attorney

by RICHARD ROMANDO

When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.



There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.


Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.


Medical malpractice attorneys must be aware of the specific medical malpractice "statute of limitations" governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.


Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.


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Do Not Pay For Florida Personal Injury Lawyers Services Unless They Win

by Drago Marx

In the course of an accident the two parties will either show blame or work together to find a suitable compromise. Nine times out of ten the party who works with a personal injury lawyer is at the advantage. Let me explain.

While it is important to document what has happened to cover your tracks, you also will need to understand what you must document. In the mess of an accident especially in Florida you have many different factors that are involved to make sure you are clear and free from obligation. Here is important advice you will here from every Florida Personal Injury Lawyer.

You will need to exchange information with the other driver. Name, address, phone number, driver's license number, license plate number, as well as insurance carrier and number. Try to get the name, address, and phone number of any witnesses, as well.

The challenge with the process is having enough documentation and your story correct so a Florida personal injury lawyer can help you. In some cases there was a million dollar settlement almost assures, but due to lack of using the same story as the Florida lawyer that case was a disaster. Millions of dollars can be lost from your case just because of no documentation. Now that you understand how important documentation is let me explain how to receive a free interview and if you do not win then you will not even have to pay a penny.

In a personal injury case, you actually have a truly no risk opportunity to receive professional consultation. Many lawyers will not expose this truth up front. You as a victim or someone who is responsible for the accident have a huge advantage. Here is how how you receive free compensation by Florida Lawyer and how you will not be charged a penny until you win.

In the state of Florida all personal injury lawyers do not expose the truth, but as a Florida lawyer they must offer a free consultation. There is also experienced attorneys that will not charge you anything unless they win. You must ask about the no risk consultation plan. When consulting with your Florida lawyers simply ask about the details of how the "No-Risk" case wins and "will I have to pay" if I lose the case.

Nine times out of ten your Florida personal injury will answer no, you will not have to pay if you do not win. The experienced law firms who know what they are doing will offer this an be upfront and let you know.

During a personal injury claim, there are so many details involved. The best is to hire a Florida personal injury lawyer to manage the claim and get you more than you could by yourself. These experienced lawyers are successful because of the people they help. Be sure to ask for a "No-Risk" and "no win no pay" consultation with your Florida personal injury lawyer.

In Florid there are laws that are developed to help citizens who are in accidents, it is the professional law firms who should educate their clients to let them know about which laws are in there favor.

About the Author
Located in Florida and looking for a no risk no win no pay soluion to get started for your personal injury case. Top Florida Lawyers, Boone and Davis offer Free Ebook and consultation to give the information you need.

Malpractice Law

by Jim Power

There are many laws in our country that exist for our protection. When one of the laws has been found to be broken or misused there are lawyers who will protect the rights of the people involved. These lawyers and the court of law are going to determine how the law was broken and if monetary compensation is warranted. In order to understand the different laws you have to study them. Malpractice law is one of the most notable laws available. It is often referred to as medical malpractice. Malpractice law occurs when a person acts in a negligent manner when taking care of a problem. Malpractice can be the misuse of something, but more importantly it is usually medical malpractice that we are speaking about in regards to a medical condition.

When malpractice law is broken the medical practitioner fails to due their job in some way. If can be a failure to diagnose, a misdiagnosis of disease or condition, a failure to treat the condition appropriately or an unreasonable delay in treatment. For malpractice law you will need a lawyer that is well versed in the area. Most often the hospitals or medical personal have money to make the malpractice suit go away. What I mean is in the case of hospitals they would rather settle out of court to have the suit brought against them dropped rather than spend the court costs in most cases. This is beneficial to those who do not have a long wait time for the malpractice law suit to be settled.

When informed consent has been given to the patient for a procedure there is little room for argument in malpractice law. When the consent has not been given and the procedure is undergone anyway with a result in harm them the patient has a malpractice law suit. In other words if a patient is not told a procedure can result in paralysis or the information is not provided before surgery the person has a malpractice suit when harm occurs. In cases where the medical doctor erred in the procedure either causing death or harm a malpractice law suit can be brought against the doctors and hospital. If medical error occurred without harm than a malpractice law suit will not form.

An example of this comes from a misdiagnosis. Say a person was misdiagnosed for an ulcer and the doctor did a surgical procedure and found it was not an ulcer but an appendicitis the patient would not have cause for a malpractice law suit. The doctor fixed the problem without causing harm. If instead the person had been diagnosed with heartburn and the problem was actually the gallbladder, which ruptured before the problem was determined the patient would have a malpractice law suit.

To determine if you have a malpractice law suit you will need to speak with an attorney. They will need to study the case, speak with the individuals involved and then determine the course of action. They can often help you settle out of court if you have a strong case and the right lawyer.

About the Author
Jim Power is writer for the legal website about Malpractice Law more information can be found at http://www.lawyermemo.com

Personal Injury Lawyers: My Child's Toys Were Defective Products

by Stacey Crevoiserat

All parents worry about the safety of their kids- you protect them by keeping sharp objects out of reach, don't give them candy they can choke on, you make sure they hold your hand. But what do you do when your child's toys are the cause of their injuries? It seems that more and more children's toys are being recalled because they are not safe. Whether it be interlocking zippers on boots that cause them to trip, or lead paint on their race cars, it seems every time you turn around another product is being pulled off the shelves.

Who's Involved?

The name we've been hearing the most about in toy recalls over the last several months has no doubt been Mattel. They have had to recall many millions of toys because of factory defects, lead paint, and poor design. While 65% of Mattel's children's toys are made in China and despite having spent the proper time to heavily test all of their toys, Mattel has admitted that some of the responsibility for the recall is their own. While the lead in the surface paint on many toys came from subcontractors in China, that was not the only reason for the recalls, many had design flaws as well.

While a number of different defects are responsible for the recent recalls, lead paint has been the number one problem. Several hundred thousand items have been recalled because of excessive levels of lead. 150,000 bookmarks and journals, 200,000 toy key chains, 80,000 toy flashlights, and 20,000 wooden toys... just to name a few.

What's Been Pulled and Why?

Many different toys have been pulled off shelves so it's impossible to list them all here, but here are a few examples of toys that have been recalled and the injuries they cause:

1. Fisher-Price recalled about a million Dora the Explorer and Sesame Street products, because they contained unsafe levels of toxic lead in the surface paint. Other Mattel toys recalled for the same reason include the Elmo Keyboard, toy figures of Sarge - a popular character from Disney Pixar's 'Cars' film, and 675,000 various Barbie accessories.

2. Mattel also recalled about 345,000 action figure sets because of unsafe magnets. The magnets were able to come loose and could be fatal if swallowed. If the child swallowed two magnets they could stick together in the digestive track and require surgery to remove. Mattel also pulled nearly 7.3 million Polly Pocket toys for the same reason.

3. Nearly 1 million Hasbro Easy-Bake Ovens were also recalled because children were getting their fingers stuck in the oven's opening.

4. Other recalls include baby swings that were trapping the child, Small World Toys that included small magnets and other choking hazard, and Graco Soft Blocks Tower Toys that contained a plastic cover that posed as a choking hazard.

So, Here's What to Do.

If you feel one of your child's toys could be one that has been recalled, check its product number against those listed in the recall notice. If you're seriously unsure, just throw it out. Discard any and all toys you feel may contain lead or other unsafe parts. If you can confirm that it is in fact a recalled item, take it back to the store where you purchased it. Because of the recall, they will give you your money back.

Check your children's toys for choking hazards. Any small parts that could come lose, pull them off and throw them out, or discard the toy entirely.

Have your child tested for lead exposure! Some children will not show signs of lead poisoning even if they have been exposed to levels high enough to result in learning and behavior problems.

If your child was a victim of a defective toy, seek legal advice. While some of the injuries are more minor- like those caused by the Hannah Montana boots that cause children to trip and fall, others are far more serious. The effects of toxic lead on a child could be life altering. Seek experienced and proven successful Personal Injury Lawyers who can fight hard on your behalf.

About the Author
Law firms such as Goidel and Siegel (http://goidelandsiegel.com) specialize in personal injury law and can help you get compensated for your pain and suffering, medical bills, and any future medical procedures your child may require. We have represented victims of serious accidents and assaults for more than 17 years. We are committed to obtaining the highest financial compensation for our clients who have been seriously injured.

Medical Malpractice Lawyers - Their Role Is Most Significant!

by Bryan Wayne

The role of medical malpractice lawyers is to represent victims of medical malpractices in court. Medical malpractice is referred to as that activity in which a patient suffers injury or other harm due to negligence or ignorance of health care professionals. In some extreme cases, a patient may even die of

causes attributable to medical malpractice. Here you must remember that errant health care professionals are not limited to only doctors, but can also include nurses, dentists, radiologists, pharmacologists, or therapists.

Patients who suffer due to medical malpractice can lodge their claims in courts through medical malpractice lawyers for monetary compensation from errant health care professionals or entities for injuries or harm that is done to them patients by these errant people. Medical malpractice lawyers are qualified persons in the legal field, who know very well how to deal with such medical malpractice cases. They will help you in every aspect to win the case.

The Role of a Medical Malpractice Lawyer - The lawyer, on behalf of his client, has to prove three points. The first point is that the health care provider against whom the case is registered failed to provide adequate and proper care to the patient. The second point is that inadequate care by health care providers led to the injury or damage to the patient. The third point is that the health care provider is the one who is liable to pay all the damages.

To prove these three points, the lawyer first files a medical malpractice case in a court on behalf of his/her client. Different States in the US have different laws. So, it is the lawyer who will make his client accustomed with the rules and regulations of that state. Moreover, interpretation of laws is a complex issue, so the lawyer simplifies these for you.

Two types of damages can be claimed in such cases, namely compensatory damages and punitive damages.

In a compensatory damages claim, the patient is refunded payment made by the patient for all past and present medical bills. The patient can also claim monetary benefits as recompense for the pain and suffering endured by him/her, the cause of which can be clearly traced to medical malpractice.

The other punitive damages claim is quite rare. This is invoked by patients or their medical malpractice lawyers only in case it can be proved without any reasonable doubt that there was obvious and reckless disregard by an errant health care professional for the safety of a patient. Monetary damages are recoverable from the errant health care professional more as a punishment measure than as compensation to the victim, in case such charges can be proved.

Although, it is very difficult to prove such charges so there are fewer chances to win monetary claims, the career of the doctor may be really jeopardized for negligence.

So, the role of medical malpractice lawyers is very important if patients are to really get adequate compensation in medical malpractice cases.

About the Author
Bryan Wayne owns and operates http://www.malpracticelawyersinfo.com Malpractice Lawyer