What Medical Expenses Can I Recover in My Accident Injury Case - Houston Personal Injury Attorneys

by Texas Accident Injury Lawyers


An injured person can recover past, present and even future medical expenses in a personal injury case, but only if the medical expenses were necessarily incurred to treat the injury that was caused by the party that the injured person is seeking to hold responsible, and only if they are reasonable in amount.
So breaking that general proposition down, it isn't sufficient to prove that you incurred or paid a lot of medical expenses after you were injured. There is another important word to consider: "caused." In legal terms, we convert the word "caused" to the word "causation" when talking about holding someone responsible for an accident or injury. In this article we will focus on the other parts of this general statement of law: Were the expenses necessarily incurred, and were they reasonable in amount?
If the answer to that question is yes, and if the causal connection is also established, then past, present and future medical expenses can be recovered.
Understand, though, that simply proving that the medical expenses were incurred or paid does not prove that they were necessary to treat the injury that is the subject of your personal injury claim. Therefore, if you had an underlying condition or illness that was also being treated, and the medical expenses can be separated, that must be done when presenting damages at trial or for purposes of settling your case.
If the evidence of your damages is not properly separated and presented at trial, and the defendant appeals your damage award for medical expenses, you are looking at having to go to trial again to prove your case.
Sometimes evidence of your medical expenses can be presented by an affidavit that includes an itemized statement of the medical services and charges, signed by the person who provided the services or a person who is responsible for keeping their records. If such an affidavit is presented at least 30 days before trial, and if it is not contested by a controverting affidavit from the defendant, it is possible to prove that the amount listed in the itemized statement was reasonable and that the services were necessary.
If a controverting affidavit is served, however, the initial affidavit cannot be used as evidence and it will be necessary to prove from witness testimony that the services were necessary and the charges were reasonable. This witness must usually be an expert, though sometimes a layperson can testify about medical expenses as discussed in this article.
Either way, keep in mind that all the affidavit or the witness testimony accomplishes is to provide evidence that will support a finding of fact by the jury, it is not conclusive proof.
In addition, keep in mind that an uncontroverted affidavit about necessity and reasonableness of charges for the medical treatment does not prove the other element that must be proven, which is the causation element that is also discussed in this article.



The types of medical expenses that can be recovered include, by way of example, hospital care, care provided by doctors and nurses and other health professionals, medical tests, and medicine and drugs. It is also possible to recover other types of medical expenses, however, including the cost or value of nursing care provided by your spouse or other family member or someone else.
You cannot, however, recover for the types of care that one spouse typically provides to the other.
But on the other hand, it may be possible to recover for services that were provided without charge, or that were paid for by a third party such as an insurance carrier or the government.
In order to be recoverable, medical expenses must be actually paid or incurred by or on behalf of an injured person, though the legal bills do not have to be paid before the case goes to trial.
There is a statute in Texas that addresses more issues about the recovery of medical expenses, and it will be the subject of a different article as we continue to provide general information about your rights that we hope is helpful for you.
Sound complicated? It often is very complicated, and we therefore believe that decisions about the best way to recover all of the medical expenses to which you are entitled are best made by an experienced Texas accident injury lawyer who represents you and knows all the facts of your particular case.
To learn more about personal injury and death claims or To speak with an experienced personal injury trial lawyer, please contact one of our Houston accident injury attorneys.
Don't Wait! Discuss Your Case with an Texas Accident Attorney Now.
About the Author
Kennedy Hodges & Solomon is a joint venture that was created when Kennedy Hodges, LLP and The Solomon Law Firm, P.C. combined their many years of courtroom experience to represent Texas accident and injury victims and their families. At Kennedy Hodges & Solomon, we have experienced Texas personal injury trial lawyers and staff, as well as lawyers who are experienced in the trial of complex business litigation matters. Our diverse and experienced Texas accident attorneys are adept at handling personal injury, wrongful death, medical malpractice, and product liability cases through all phases of litigation and are admitted to practice in state and Federal courts across the country.

Malpractice reform demonstration projects

The Associated Press: "In his Wednesday speech and again in (a CBS "60 Minutes" interview), the president signaled he was open to so-called tort reform. Under current practice, doctors and hospitals must pay huge amounts to insure themselves against malpractice lawsuits by patients seeking large court-ordered settlements for poor treatment. … 'I would be willing to ... consider any ideas out there that would actually work in terms of reducing costs, improving the quality of patient care,' Obama said in the Sunday interview, which was taped Friday" (Hurst, 9/14).

The Wall Street Journal: "A central issue in the debate is whether to impose caps on monetary payments awarded in medical malpractice suits. There is broad support among Republicans for such caps, but Democrats have long opposed them" (Davis, 9/13).

The Salt Lake Tribune quotes Sen. Orrin Hatch, R-Utah, "Finally, [Obama] is acknowledging the problem and taking some initial steps. But ultimately, it seemed more like lip service than a real commitment." The paper continues: "The president clearly intended his comments about malpractice reform to be an olive branch for the GOP and an indication that even if few Republicans end up voting for his broad reform proposal, he at least made some attempt to include their ideas. … Officials at Health and Human Services say they will provide specifics on how much money will go to ... pilot projects and/or how states will access that cash within the month, but the White House has already given some indication of what projects they would like to see funded. One idea is pre-litigation screening, where patients would have to present their claims to a panel of experts before going to court" (Canham, 9/13).

CBS News on one health system and the way they handle malpractice claims: A University of Michgan Health System "policy of honesty and apology started in 2002, and it's proven to be a shrewd business practice for the 40-member hospital system. Since then, claims against the system have dropped from 262 in 2001 to 83 in 2007. Fewer claims have allowed the system to drop its malpractice insurance cash reserves from 73 million to 13 million. The policy was initiated at the University of Michigan by Rick Boothman, who spent 30 years defending hospitals in malpractice cases" (David, 9/12).

Serious Medical Malpractice Brooklyn Incidents

by Paul Justice

Cases of medical malpractice Brooklyn incidents are unfortunately very real. They can be very serious and cause long term terrible affects. They can also be very expensive cause unending medical bills. Luckily most people suffer from incidents that are not so dire and patients can recover.

When there are serious Medical Malpractice Brooklyn incidents many people's lives are changed. There are many ways in which a patient who has been gravely injured will need to adjust. Sometimes accidents can leave a patient disabled or barely alive. Their physical suffering is only one way in that they are hurt. They often have to change their entire way of life. Most people rely heavily on their physical bodies for their livelihoods. If a person loses their ability to do their job then they have no way to support themselves. Also a person who loses their ability to walk loses out a much life has to offer. There are many simple pleasures that people take for granted that would cause unknown torment if lost. A person whose favorite activity is hiking for instance, would suffer greatly at their loss of mobility. These are extreme cases of medical malpractice Brooklyn incidents.

These extreme cases also cost many people lots of money. Although medical malpractice Brooklyn insurance can help subside some of the expenses that occur around severe incidents, there is a limit to the amount of money available. A person who has been disabled by a severe incident of malpractice will need money to deal with the new medical expenses surrounding this new injury. They would also need physical therapy and all of the necessary equipment needed to help cope up with the new disability. A loss of job can cause many more monetary issues as well. There are rent and food costs that are necessary to everyone. Beyond that there are other living costs like clothing and toiletries. Those are merely the bare bones of what a person requires to live. Medical malpractice Brooklyn insurance is needed to be able to cover all those costs and, if a person is going to lead anything resembling a normal life, then they will need a bit extra as well. When these incidents occur it often takes time to get the gears in motion in order to get people the money that they need. Often their entire savings are instantly wiped out.

It is truly fortunate that the extreme cases are not the average cases. Most medical malpractice Brooklyn incidents are small and do not cause serious consequences. Often times the cases are miscalculations made in doses of medications. When these miscalculations occur usually the worst side effect is some kind of allergic reaction. Allergic reactions can be life threatening, but usually are just annoying. They can however cause damages and the injured patient should receive some kind of compensation. These sorts of cases are very common and are often even solved outside of court.

About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about the services of malpractice lawyer, medical malpractice New York, Medical Malpractice Brooklyn and personal injury New York visit www.nbrlawfirm.com

The Medical Malpractice System Affecting Many People

by Paul Justice

It is fortunate for our society that the medical malpractice system we have in place exists. It is important to doctors and patients alike. Not only that but it provides a whole set of jobs for people as well.

Doctors need to have medical malpractice insurance. This insurance safeguards doctors when there is an accident and it is found that they are to blame. Often times this insurance is the only thing that allows doctors to continue to perform their trade. There are all sorts of reasons for accidents to occur during a medical procedure. When it is found to be a doctor's fault, usually it is because of something understandable. Doctors are only human and are prone to all of humanity's shortcomings. Everyone has days where they are distracted or tired. Unfortunately for doctors, or anyone who has people's lives in their hands, for them to slip up is a very serious problem. Doctors need to have a system set up to protect them for being only human.

Patients also rely on the protection that medical malpractice insurance provides them. Doctor's cannot be held solely, financially responsible in cases of medical malpractice. No one person can afford the repercussions of severe medical accidents. There are often more than just new medical expenses to be covered. Accidents usually result in long-term care needed. The adjustments that a patient needs to make can be life changing. For a single person to be expected to cover all of the expenses of another person is difficult. If a doctor were expected to cover all of the expenses of several patients life expenses they would quickly go bankrupt. Luckily there is medical malpractice insurance there to deal with the cost of extra medical procedures and to cover the bills of injured patients in sever cases.

Since there is a medical malpractice system set up for everyone to use, there are jobs that are available for people in this field. Not only are there whole insurance companies, but lawyers and other officials in place to help make the system work. Insurance companies employ many people. Also hospitals have specific people set up to only deal with malpractice paperwork. Also because it is a legal matter there are all sorts of lawyers who specialize in malpractice suits. There are also professors who have a specialty in malpractice suits that are there to teach these lawyers. Lawyers also have law journals as a resource, and a prominent subject is malpractice lawsuits. Another type of job that is touched by malpractice lawsuits is advertising. Lawyers and insurance companies need a way to promote themselves to other people. There are thousands of people in the United States alone that are employed because of the medical malpractice system we have in place.

About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as Medical Malpractice, automobile accidents. To know more about the services of malpractice lawyer, medical malpractice Manhattan, personal injury lawyer and Malpractice attorneys visit www.nbrlawfirm.com

Medical Malpractice And Compensation Claims

by Craig Ellyard

Medical negligence occurs when a doctor, dentist or any other medical professional makes a mistake in diagnosing and, or, treating a patient, resulting in injury or trauma to that patient. In cases such as this, where the medical practitioner has not carried out their work to the professional standards that they are expected to practice, the patient may be entitled to make a medical negligence compensation claim against them.

As may be expected making a claim for compensation against a medical professional can be a long, drawn out and very involved process. And, because the procedure is so lengthy and complicated, it is always in the best interests of the claimant to hire a specialist compensation lawyer to file the claim on their behalf.

Unfortunately, choosing the right solicitor or lawyer can be just as difficult. Usually the best way of finding a suitable solicitor is by personal recommendation from a friend or work colleague. Word of mouth recommendations are usually the most reliable method of finding a good lawyer or compensation solicitor.

In the UK most compensation solicitors will offer to take cases on a 'no win no fee' basis. Also known as a 'conditional fee arrangement' this means that all the solicitors fees will be waivered in the event of losing the case. However, because of this layers will not take on any case that they think they may lose; this can make finding a solicitor who will take on the case a frustrating and time consuming process.

Once a suitable lawyer has been hired the lengthy claims process begins with the lawyer firstly gathering all the available evidence. The most important evidence of course will be the medical records of the claimant and details of the treatment given or diagnosis received. These records will be the foundation on which the case is built and will enable the solicitor to prove that medical malpractice has taken place.

The lawyer or compensation solicitor will then hand all the facts of the claim over to their own medical experts for an opinion as to the extent of the malpractice. This expert will advise the solicitor if there was medical negligence on the part of the offending medical practitioner.

Once the medical experts have had their say the claimants solicitor will propose a settlement figure for each party to consider. But, if the medical professional disputes the facts of the case or considers the proposed settlement figure to be too high than it will be necessary for the claim to be settled in a court of law.

The legal process will be a long one and there are very rarely any shortcuts that can be taken. Even in cases were there is no real dispute about the facts the hammering out of the final settlement figure can take a very long, and frustrating, time to agree.

About the Author
For free and independent information on all aspects of claiming compensation in the Uk visit http://www.how-to-claim-compensation.co.uk/ - the leading independent online resource for those who may be looking to claim compensation for personal injury, accidents at work or medical negligence http://www.how-to-claim-compensation.co.uk/

Medical Malpractice Overview: Understanding Medical Negligence

by Jamie Workman

There is a bond of trust between medical professionals and the people who turn to them for care. This bond presumes that a reasonable standard of care will be met by physicians, nurses, anesthesiologists, hospital staff, pharmacists, and other healthcare workers. When care falls below these standards, whether through error or a deliberately wrongful act, and a patient is injured as a result, there may be grounds for a medical malpractice lawsuit to be filed against the liable party or parties.

It should be noted that not all injuries that occur while under the care of a medical professional can be classified as medical malpractice. If a doctor, nurse, or other professional acts as a competent peer would act under similar circumstances and an injury ensues all the same, malpractice may not exist. However, injuries or deaths that result from surgical error, failure to properly monitor vital signs during surgery, the prescription of the incorrect type or dosage of medication, an incorrect diagnosis, the failure to diagnose, or some other form of medical negligence are likely to come under the umbrella of medical malpractice. Malpractice can also be the result of a healthcare professional conducting his or her work while impaired by alcohol, drugs, or lack of sleep.

In order to prove liability in a medical malpractice lawsuit, a personal injury lawyer must be able to show an act or acts of negligence on the part of one or more medical professionals. A medical malpractice lawsuit may be filed against multiple parties, depending on the circumstances surrounding the injury. Tragically, many cases of medical malpractice result in the wrongful death of a patient. Regardless of the type or cause of malpractice, victims and their families may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other losses and expenses related to the injury.

Obtaining legal assistance is critical if you or a loved one has suffered a personal injury or wrongful death due to a medical mistake. Experienced medical malpractice lawyers have the specialized knowledge to help individuals and families protect their rights.

About the Author
Jamie writes legal articles.

What Went Wrong? Proving Medical Malpractice

Submitted By: Richard Romando

Medical malpractice, though usually defined rather broadly in the court of public opinion, is often difficult to prove in a court of law. Extensive criteria must be met for malpractice to be found by a court of law, and fully two-thirds of all medical malpractice cases are won by the defendant. Yet, in order to understand the concept of malpractice and how it affects the doctor/patient relationship, you first must understand the popular connotation of the term.

When it comes to public opinion, medical malpractice is any instance when a doctor has presumably failed in his or her attempt to provide adequate care for a particular patient, and the patient has as a result, suffered some sort of harm from this perceived mistake or oversight. In short, if a patient observes some type of harm as a result of medical care, a claim for malpractice might be made. In the legal sense though, medical malpractice is a much more specific term, issued by the courts, where three criteria must be met before the term can be applied.

First, it must be ruled that the doctor has failed in his or her duty of care towards the patient. A reasonable person would have done something different in the situation in question, thereby avoiding the failure. Second, it also must be found that some harm has resulted from the incident. Simply determining that the doctor has failed to perform his or her duty is not sufficient, as the patient must display a recognizable loss or pain as a result. Now, if a reasonable person could assume that this harm could have been avoided, malpractice might exist. Finally, it must also be found that some damages resulted from the doctor’s mistake or misjudgment. Mental suffering, loss of wages and physical agony would all be examples of this.

The difference between the public’s and the courts’ perception of malpractice boils down to the issue of negligence, and whether or not the doctor in question is guilty of it. Negligence requires a state of mind that is found to be “careless, inattentive, neglectful or otherwise reckless” in its attitude towards others.

Considering the lack of a cut and dry method for deciding when and if medical malpractice has occurred, and the potential for huge financial damages awarded to the victims, doctors typically carry very large malpractice insurance policies, which shield them from the financial ruin a large malpractice suit could potentially bring. With malpractice attorneys commanding huge fees for their services, the practice of malpractice law has, not surprisingly, become big business. Because laws governing medical malpractice, such as the statute of limitations for filing a suit, vary from state to state, it is important to get all the facts before proceeding with a malpractice case.

About the Author:
Medical Malpractice provides detailed information about medical malpractice attorneys, laws, cases, insurance, statutes of limitation, and more. For more information go to http://www.e-medicalmalpractice.com and/or visit our affiliate site at http://www.growthink.com.

Medical Malpractice

Submitted By: Lucy Bartlett

Medical malpractice, which is also known as medical negligence, is caused by a physician who gives improper treatment to a health condition, which in turn causes a fresh or worsening health condition. Even though the primary health condition of the patient when he reported for consultation is not the responsibility of the medical practitioner, subsequent problems caused by improper approach in curing the health problem is the sole responsibility of the medical practitioner.

The malpractice may occur due to failure or delay in diagnosing the illness, a mishap, which happened during anesthesia or surgery, or if the practitioner omits to get the concurrence of the patient by providing incomplete details of when a surgery or an operation is to be performed.

Even though a correct diagnosis was made, subsequent improper treatment of the identified illness also constitutes to medical malpractice.

Implants, medical devices or prescription drug misuse also forms part of medical malpractice.

Medical malpractice is bound by the statute of limitations. Even with a valid claim, if a patient waits for a longer period, then the claim will be lost. After the malpractice takes place, a claim should be filed within 2 years. Since medical malpractice involves tricky exceptions and procedures, hence even if two years are elapsed it can still be possible to file a case.

A patient should not try to evaluate the claim by himself or liaise with the doctor or the hospital/clinic to work out a compromise. A decision is made by the insurance company which carried the medical practitioner's insurance regarding medical malpractice and they have the final and real "say" in the case.

It is the obligation of the attorney concerned to efficiently and quickly determine whether there is an actionable, good case. Medical malpractice cases are very expensive to go through, they are complex and can be a high risk for recovery and frequently involve the personal "attachment" of the client.

A detailed medical history dealing with the hospitals and physicians who gave the treatment should be obtained by the attorney prior to the filing of a medical malpractice case. A written summary highlighting all medical treatment received which should include symptoms, conversations with medical professionals and the type of treatment given is required. The attorney will initiate steps to procure all the relevant records from the hospitals or the doctors as a proof of medical negligence.

Normally a medical expert will be appointed by the attorney to determine the extent of medical malpractice. The expert should have been certified in the relevant medical field by the concerned board since he has to appear as a witness to answer questions and give an expert opinion.

With reasonable certainity, the medical expert should conclude that the cause of the damage to the patient is due to the action or inaction of the physician after investigating the procedures thoroughly.

About the Author:

Lucy Bartlett is a proud contributing author. Find more articles here. For more info visit Law or Medical Malpractice

Medical Malpractice Explained

Submitted By: Stefan Rockhaus

There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment - things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else. The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.

There is a specific medical malpractice law developed in many countries now. The law's coverage may be different from one country to the other. Anyone providing medical care would come under this; which means even dentists, nurses, therapists and chemists would be included. Even hospitals and clinics would be charged for the mistakes of the employees.

Claims can be made by you incase of the following three things:

* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances.
* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.
* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.

Medical Malpractice Insurance

Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers. Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.

Malpractice Benefits:

Though almost all diseases come under medical malpractice, the five top most diseases that receive the highest monetary awards are:

1. Breast cancer
2. Lung cancer
3. Colorectal cancer
4. Heart attack
5. Appendicitis

The allegations made are mostly for delayed diagnosis or improper testing. So as a result of the delay, the patient suffers severe complications which may sometimes lead to death. This is the reason why large monetary awards are related with these diseases.

There are several obstacles for you to overcome to successfully win the award. The first thing that you should know is that you should start the case before the statute of limitations runs out. This is the time period under which the case should be filed, as in many areas compensation is not paid after the expiry of the time period. The second obstacle for you is to prove that it was malpractice and not just a medical error as a result of side effects caused by drugs or surgeries. So do not let your case be proved a medical error, which is considered normal.

For any legal advice you must consult a good and well practiced attorney or someone you can trust.

About the Author:

Article by Stefan Rockhaus. Visit http://www.guideto-malpractice.info for further info and advice on medical malpractice. You may reprint this article as long as no changes are made, and this resource box is left intact. - Find related resources at http://www.information-point.info

Medical Malpractice Defined

Submitted By: Robert Thatcher

A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.

Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.

Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient's health, this is considered malpractice.

In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.

The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.

First, take a look at the mistakes which classify as medical malpractice:

1. injuries relating to birth
2. incorrect dosage and dispersal of medicine or error with prescription
3. incorrect or delayed diagnosis of an ailment
4. improper treatment
5. surgery mistakes
6. failure to refer to a medical specialist
7. health complications from anesthesiologists
8. improper procedures performed on emergency rooms
9. abuse of patients in nursing homes, children's ward and other medical institutions
10. mistakes with the general treatment of a patient

There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.

More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.

In the medical profession, there should be zero tolerance for negligence because people's lives and their health are at stake.

'Medical Malpractice Laws and Cases'

The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.

If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about
this.

If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.

Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.

Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider t he financial and legal merits of your case before they formally proceed to court.

Medical malpractice is a growing problem in the United States. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.

About the Author:

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides malpractice resources on www.aboutmalpractice.info.

Medical Malpractice

Submitted By: Christian Tylor

Many people may not realize that medical malpractice is a real and ever growing problem. People die everyday from wrong diagnoses and incorrect treatments. The problem is that most of these cases are private and many are never reported. A lot of the population does not know enough about medical practices to know when they are faced with a malpractice problem. They are forced to take the word of the doctor and staff at hand. This may explain why only a small number of claims are filed for malpractice suits and only about half of them actually win the lawsuit.

Physicians have medical malpractice insurance that will cover them in the event someone files a malpractice claim against them. In the past the cost for this type of insurance was a flat rate, but due to the fact that medical malpractice suits are on the rise, the cost for this insurance has also begun to rise. There are not as many providers for this type of insurance as it use to be. This is because medical costs are going up and it is very difficult to make a profit in this business.

Things that can be considered a medical malpractice would be failure to treat a medical problem correctly that causes a new medical problem or makes the existing one worse. If a physician fails to diagnose a disease, detects the problem to late to help the patient or fails to treat the condition correctly after it has been diagnosed it could be considered malpractice. If problems occur during the use of anesthesia or surgery that was due to the fault of the doctor or a member of the staff it could be malpractice. Also prescribing the wrong medication for a patient or medicine that interferes with other known conditions the patient may suffer from is also grounds for malpractice.

Medical malpractice suits are normally always expensive and very complicated. You must be able to provide all of the necessary information to your attorney to have a chance of winning a lawsuit of this nature. This would be information such as a detailed list of the patient's medical history. This would include all doctors and hospitals or clinics that the patient has visited and all treatments that the patients received during this time, even if it seems unimportant. All medicines taken and prescribed must be recorded and a written description of all conversations that have taken place will be needed along with the dates everything took place. A medical expert will review the case and will ultimately be the one to decide if the suit is legitimate.

About the Author:

Christian Tylor is a freelance publisher based in Atlanta, Georgia. He publishes articles and reports in various ezines and provides financial resources on http://www.freenetpublishing.com.

What is Medical Malpractice?

by Joe Devine

Medical malpractice is the very broad term given to a very wide variety of incidences where a doctor or someone with a medical license makes some sort of mistake that results in the injury or death of a patient. Such areas include birth injuries, missed or wrong diagnoses, or improper treatment. These are just three of many other areas of medical malpractice.
Birth injuries are basically any injury to a baby during birth that could have been prevented by action on the part of the doctor that was responsible for delivering the baby. For instance, if there are difficulties during the delivery and a doctor does not perform a c-section to get the baby oxygen, brain damage can occur. This is an example of birth injury that could have been prevented by quicker action or action in general by the doctor that was delivering the baby. Many birth injury situations involve unforeseeable complications that must be treated as best as possible when they occur. In other situations, a birth injury is preventable and may be the result of medical error, negligence, or malpractice. Birth injuries and birth traumas are often considered the same thing. Common causes of birth injuries include:

- Complications during pregnancy

- Improper dating

- Complications during childbirth

- Ob/Gyn errors such as mishandling of an instrument, improper delivery technique, Incorrect estimation of birth date, improper prenatal testing, failure to perform C-section in a timely manner, diagnostic errors, and failure to treat a condition

- Obstetrical mistakes such as failure to recognize fetal distress, failure to diagnose or treat infection, and failure to respond to complications in a timely manner

Missed or wrong diagnoses are pretty much exactly the way they sound. They involve a doctor misdiagnosing a disease or injury or a doctor not diagnosing something that is there. An example of misdiagnosing a disease would be diagnosing someone with Type 2 diabetes as having Type 1 diabetes. Quite frequently, these errors are quite dangerous as they frequently involve incorrect treatment. Doctors can also diagnosis something when a patient is in actuality healthy. The opposite of this situation is also true.

Improper treatment is also very similar to what it sounds like it is. It involves treating a disease or injury incorrectly. The incorrect treatment of a disease often results in the disease getting worse or a different disease developing. In order for incorrect treatment to be brought into play, a doctor must first diagnose the disease or injury correctly. Only then can improper treatment be brought up as an issue.

These are just three of the many areas of medical malpractice that personal injury lawyers see on a daily basis.

About the Author
Madison Personal Injury Lawyers of Habush, Habush, and Rottier, S.C.

Malpractice Insurance Companies

by Kevin Stith

Malpractice insurance companies provide timely, accurate, cost-effective malpractice insurance to their clients. These insurance companies have been licensed by state law. They operate as insurers and sell products to clients who pay for premium policies. The policies of malpractice insurance companies vary with geographical location, organization or company, and specialties being offered. The existence (or lack) of malpractice insurance differs from state to state too. The success of a malpractice insurance company very much depends on the financial market and reasonability of awards from lawsuits.


Malpractice insurance companies offer policies that ensure long-term services to customers. There is, in fact, a reciprocal understanding that a malpractice insurance company will give money to its client in return for payment for premiums by the medical professional. For instance, let’s say a doctor is charged with negligence or malpractice in advocating a particular drug. If he is insured, the settlement is done by the malpractice insurance company.


Malpractice insurance companies offer insurance policies that clear the dues of the insured professional – attorney fees and court charges and, most importantly, settlement awards to complainants. Before providing its services, a malpractice insurance company takes a written consent in order to settle the claims made from the professional sued for malpractice.


The insurance companies thus work towards providing fair compensation to the complainant and at the same time offer malpractice insurance to protect specialized professionals in liability suits.


Medical Malpractice provides detailed information on Malpractice, Medical Malpractice, Medical Malpractice Attorney, Dental Malpractice and more. Medical Malpractice is affiliated with Whistleblower Protection Acts.

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 .

Medical Malpractice Involving Medication Errors

by Patricia Woloch

Prescribing medication is something that all doctors (and some other medical professionals) do each and every day, and more often than not, prescribed medicine is a great help to the patient's recovery and well-being. However, sometimes the wrong medication is prescribed due to a wrong diagnosis by the doctor. Other times, the prescription may simply be written incorrectly and a wrong number indicating dosage or number of pills dispensed can be written. Medication errors encompass all mistakes involving prescription drugs, over-the-counter products, herbal supplements, vitamins, and minerals. When physicians and other health care professionals make mistakes involving medication and a patient is harmed in any way, medical malpractice may exist.

Medication errors are among the most common medical errors, harming at least 1.5 million people each year, and the extra costs of treating drug-related injuries occurring in hospitals alone amounts to over $3 billion a year. This estimate does not even take into account lost wages and productivity or additional health care costs. Studies show that there are approximately 400,000 preventable drug-related injuries each year in our nation's hospitals, 800,000 in long-term care facilities, and approximately 530,000 medication errors among Medicare recipients in outpatient clinics.

What Can I do to Make Sure This Doesn't Happen to Me?

There are precautions that consumers can take to ensure they do not become one of the medication error statistics listed above:

· Know what kinds of medication errors occur. The FDA has found that the most common types of errors involve administering the improper dose, giving the wrong drug, and using the wrong route of administration. Older people are at a greater risk for errors because they often take multiple medications. Children are also vulnerable because a lot of medications prescribed for them are based on their weight and miscalculations often occur.


· Find out what the name of the drug is and what it is prescribed for. There is an astonishing number of people who cannot even name the drugs they take and have no idea what they were prescribed for. Knowing what you're taking and why can help reduce your chances of getting and/or taking the wrong medication.


· Find out how to take the drug and make sure you understand all the directions. For instance, if you're told to take a drug three times a day, is that every eight hours or with meals? Sometimes these differences matter greatly.


· Keep a running list of all medications (even OTC and herbs) that you take and make your physician and pharmacist aware of this list. There are certain drugs that are absolutely not supposed to be prescribed with other drugs. Drug interactions can often be fatal.


· Ask questions. It's your body and your life at stake. If you do not understand something, ask your doctor for explanation/clarification immediately.

New computerized systems for prescribing drugs show promise for reducing the number of drug-related mistakes each year as studies have shown that paper-based prescribing produces the highest error rates. Electronic prescribing is safer because it eliminates the problems associated with reading a doctor's handwriting, and technology can alert physicians to drug allergies, adverse interactions with other drugs, and other potential problems.

About the Author
If you or a loved one has been injured or killed by medication malpractice in Long Island or anywhere in New York, please contact the Medical Malpractice Law Offices of Silberstein, Awad & Miklos today to schedule your initial consultation.

Real Life Hospital Medical Malpractice Drama?

Real Life Hospital Medical Malpractice Drama? by Attorney Gabirel Cosh


Have you ever watched any of the TV series that dealt with life's day-to-day drama in a hospital like Grey's Anatomy, House M.D. or Scrubs? If you have, then most likely you are familiar with what typically happens in the ins and outs of a hospital: how patients are treated, diagnosed and the like.

The most gripping episodes in these mentioned hospital drama series would be those that dealt with the scandals of medical malpractice. There was one specific episode that deals with wrong diagnoses, mistakes in medical procedures and so much more. There was even one episode in Grey's Anatomy where Dr. Burke had left a towel inside a patient after surgery! It makes you wonder if these kinds of episodes actually happen in our real life hospital day-to-day drama.

It is a fact that doctors don't really have it easy at all. Aside from having the weight of the world on their shoulders in treating patients, they have also been prone to mistakes in handling cases, operations, diagnosis, and even, treatments. Being doctors, they are well aware of the weight of the responsibility in their hands. It has been a part of their study and training to realize that each small mistake can lead to injuries and the worst complications. Sometimes, medical malpractice or doctor's negligence can even lead to death.

"Harvard researchers found out in a study conducted in California in 1974 that 0.8% of hospital patients had either been injured by negligence in the hospital or had been hospitalized because of negligent care. Extrapolation of those findings would have yielded an estimate of 249,000 injuries and deaths from negligent medical practice in 1988." (http://www.medicalmalpractice.com/National-Medical-Malpractice-Facts.cfm).

This is probably why, even when seeking medical attention, we must really be alert with how our doctors have been treating us. We must be careful to avoid being a victim of medical malpractice. Also, we must also be aware of our rights and how to pursue these rights in case of any medical negligence committed against us or against our loved ones.

Acting on the negligence of the medical providers will not only be beneficial to you or your family members, it will also give warnings to the community and prevent them from suffering the same fate.

While most of the time the best remedy against medical malpractice is to maintain a good bill of health, it wouldn't hurt to be aware and vigilant for your day-to-day safety, even in hospitals. In every aspect of our lives, it is better to be careful than to bear the consequences of mistakes, regardless of who or what the cause may be.

For more information about medical malpractice cases consult our Los Angeles Medical Malpractice Attorneys


About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

Errors During Surgery Frequent Medical Malpractice

by Lynn Fugaro

Each year in the United States, the number of mistakes make by medical professionals during surgery is alarmingly high. Sadly, many, if not all, of these surgical errors could have been avoided. Some surgical mistakes are just outrageous to even believe, such as performing surgery at the wrong site (wrong leg, arm etc.) or, worse, amputating the wrong limb altogether, which does actually happen.

When we enter an operating room as a patient, our lives are in the hands of the surgeon and the operating room team, and we trust them to perform our surgery without making errors, especially ones as egregious as operating on the wrong limb or removing the wrong part/area of the body.

How Common Is It?

Approximately 98,000 hospital patients die each year as a result of medical malpractice involving surgical errors by surgeons and others in the operating room. Medical negligence/malpractice is defined as a medical professional's "failure to exercise the skill, care, and prudence necessary to prevent causing a patient injury or illness." Non-fatal surgical errors occur just as frequently and often result in serious injuries such as paralysis and other permanent disabilities.

When we sign consent forms allowing our surgeons to operate, we tend to believe our surgeon has performed this procedure hundreds, maybe thousands, of times and is competent enough to perform the entire procedure without error. Unfortunately, this is not always the case. Surgical errors are sometimes the most shocking of medical malpractice mistakes and include leaving surgical instruments inside patients during surgery, operating on the wrong site, and sometimes even operating on the wrong patient altogether.

There are many contributing factors to surgical errors including:

· Surgeon fatigue
· Inattentiveness
· Miscommunication amongst surgical staff
· Poor handwriting in patient charts
· Failure to take proper patient medical history
· Failure to note all drug allergies

Because the consequences of surgical errors are so serious, the medical costs involved in "fixing" those errors are extremely high. Patients may have to pay for multiple surgeries to correct the problem; there may be nerve/organ damage; infection; and scarring. The emotional toll of being the victim of a surgical mistake is profound and some patients never recover from their surgeon's grave mistake.

There have been some efforts to correct the growing problem of surgical errors. Surgical teams are encouraged to have a last minute "meeting" in the OR to make sure the correct site is being prepped and to make sure it is, indeed, the right patient being prepped for surgery. Surgeons in some states have also been ordered to mark a black X on the correct surgery site to avoid wrong site surgeries. Some surgeons do not like to participate in these last minute meetings and some don't use the black X to mark the surgery site as they feel they are incapable of making such an error.


About the Author
If you or a loved one has suffered or died due to medical negligence, please visit the website of experienced medical negligence attorney Marc Whitehead & Associates, serving clients in Houston, Baytown, Galveston, Sugar Land and Humble, Texas.

Medical Malpractice Menace

by Rainier Policarpio


It is quite alarming that those doctors who we expect to take good care of our health are those who are also prone to inflict us with much more catastrophic injuries. Medical errors happen in the United States at an increasing rate. These incidents have already victimized many individuals to suffer from various impairments and injuries or even death. More or less, there were 98,000 sick people die yearly due to medical malpractice or negligence. However, these mistakes should have been avoided if only our medical practitioners have exercised their duties well.

Among the errors that most negligent doctors perform are:

- failure to make proper planning before conducting an operation - prescribing wrong medication or drug for certain ailments - improper usage of medical equipment and apparatus in treating patients - failure to detect the precise illness of a patient Once a doctor or a surgeon has entered an operating room to treat a patient, he is presumed to have the capability of doing the assigned job. Hence, if he continues to practice a task away from his field of specialization, he will be very prone to committing surgical errors, which can indeed endanger the life of his patient. Possibly, worse defects may be incurred by the patient or worst; he or she may not leave the room breathing.

Medical malpractice, as defined under the law, is the failure of healthcare providers to perform their duties of preventing and/or curing their patients' illnesses or injuries in accordance to the generally accepted standards. The law has also prescribed that whosoever medical practitioner commits this unlawful act can be charged against and be held responsible for his erroneous action.

The doctor who will be proven guilty of malpractice may be punished and be demanded to pay his patient to cover the damages. These include the following:

- payment for hospital bills and rehabilitation, including future treatment needs, - emotional distress, - pain and suffering, - loss wages and - other general damages resulting from the injury

More so, the doctor's medical license may be revoked depending on the degree of his mistake. If this is the case, he may not be able to practice his profession ever again.

Therefore, it is very important for these health professionals to abide by the rules of their profession. They should keep in mind that the lives of their patients depend of their hands. A single mistake if exercising their job may ruin the lives of their patients. Proper planning before an operation is also advisable to have the least possibility of surgical errors.

For the victims of medical malpractice, the first step of consulting a credible and competent personal injury lawyer is very vital in attaining justice. Have a trustworthy advocate to defend your rights and guide you on whatever legal actions you may pursue.




About the Author
For more information about Medical Malpractice Claims, visit our Los Angeles Attorney Services website.

The process of Medical Negligence Compensation Claims

by Alex Sash


Medical negligence arises when the care provided by a health professional falls below what is regarded as an acceptable standard and causes an injury. To successfully prosecute a clinical negligence claim it is therefore necessary for a Claimant to prove firstly that a mistake has been made, and secondly the full extent of the consequences of that mistake.

Within the National Health Service, NHS Trusts have legal responsibility for errors made by employees of the Trust. General Practitioners are legally responsible for their own actions. Hospital doctors and GPs, however, owe patients the same duty of care.

The legal concept of medical negligence is a fairly recent development with the first ever UK case in 1932.

In 1995 the National Health Service Litigation Authority (NHSLA) was created to investigate, and if appropriate, defend clinical negligence claims, or settle them when they arise out of hospital treatment. Claims against GPs are, however, dealt with by a number of medical defence organisations that function rather like insurers.

In 2003 a review of medical negligence procedures was undertaken which arrived at a number of unsatisfactory conclusions. Generally cases take too long to resolve and are expensive to investigate, and the NHS has been accused of dragging its feet and failing to deal with compensation claims fairly and swiftly.

Undertaking clinical negligence claims involves a very high level of skill and experience to overcome the difficulties that may be encountered. The MyClaim team includes lawyers with medical and legal qualifications and importantly considerable experience of investigating clinical negligence claims for the NHS. This detailed knowledge of how the NHS works and how it arrives at settlement decisions is essential in ensuring a satisfactory outcome.

Medical Negligence Statistics:

* More than 95% of medical negligence cases are settled out of court.

* 5% of the general population report suffering injury or other adverse effects of medical care.

* Annual NHS clinical negligence expenditure was just £1 million in 1974-75 (£6.33 million at 2002 prices). This figure rose to £446 million in 2001-02 and is continuously growing.

* The NHSLA dealt with nearly 7,000 claims for clinical and medical negligence in 2002/2003, just under 7% relating to episodes of care that took place prior to 1995!

(Source: Department of Health, 'Making Amends - Clinical Negligence Reform', 2003)

If you are looking for more information about Medical Negligence Compensation Claims please visit www.mycompensationclaim.co.uk. MyClaim also offers expert advice for Brain, Head and Whiplash Injury Claims and much more.

Original source: Politics.co.uk (http://www.politics.co.uk/issuebrief/health/nhs/medical-negligence-and-compensation/medical-negligence-and-compensation-$366559.htm)


About the Author
Freelance writer for Travel, Business, IT, Retails and much more.

The Statistics of Medical Malpractice

by John Luke Matthews


When a doctor, a medical practitioner, or a medical institution caused more harm for its patient rather than good, it was said that he has been negligent in taking care of his patient's welfare and recovery. Medical malpractice is now getting more rampant than ever, and the cases of medical malpractice in the United States are rising at an alarming rate. A simple act of negligence can cause great injury to its patient, which then can lead to disability or even death.

Just how alarming medical malpractice is nowadays? According to the American Academy of Family Physicians, more than two-thirds of the total claims for medical malpractice come from death of patients. One-third of all the total claims account for "diagnostic errors", mainly due to problems with records, or the practitioner's negligence to look at the patient's medical background prior to treatment. In 2006, medication errors constitute at least 1.5 million harmed individuals, roughly 1.3 million of which had suffered preventable drug-related injuries in outpatient settings. Also, a recent study by Healthgrades found out that preventable medical errors have caused up to almost 100,000 new deaths every year, making it considered a national epidemic.

Medical malpractice claims can help determine where primary health care in the United States can go wrong. Analyses by different primary health care organizations have pinpointed the actual locations where people are being injured and it's usually the outpatients who suffer more than the patients in the hospitals. This does not conclude though that medical errors in hospitals are less adverse than medical errors in an outpatient setting.

The data gathered by these studies are useless unless medical practitioners recognize its value to review their medical process so they can identify the root causes and conditions of these medical errors, especially for those working on high-risk medical categories. Eventually, the information given by these statistics aim at investigating as to how potential injuries can be reduced.

About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of personal injury. He is part of the Mesriani Law Group and is currently taking information technology studies as well.