Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Stats vary dramatically on the number of medical errors that occur in the United States. Some research studies place the variety of medical mistakes in excess of one million annually while other research studies position the number as low as a few hundred thousand. It is widely accepted however that iatrogenic disease (illness or injury triggered by a medical error or medical treatment) is the third leading cause of death in the United States after heart disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has actually restricted his practice to representation of victims injured by somebody else's negligence, medical or otherwise, I have gotten countless calls from potential clients over the last Twenty Years asking me if they have a medical malpractice case. Given that medical malpractice lawsuits is extremely expensive and very protracted the legal representatives in our firm are extremely mindful what medical malpractice cases where we choose to get involved. It is not at all uncommon for a lawyer, or law firm to advance lawsuits costs in excess of $100,000.00 just to get a case to trial. These expenses are the expenses associated with pursuing the lawsuits that include professional witness costs, deposition costs, display preparation and court expenses. What follows is a summary of the concerns, questions and considerations that the attorneys in our firm think about when discussing with a customer a prospective medical malpractice case.

What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical doctors (or nurses, chiropractic physicians, dentists, podiatric doctors etc.) which results in an injury or death. "Standard of Care" indicates medical treatment that a reasonable, prudent medical supplier in the very same neighborhood should supply. A lot of cases include a conflict over what the suitable requirement of care is. The standard of care is typically offered through making use of specialist testimony from speaking with physicians that practice or teach medication in the same specialty as the defendant( s).

When did the malpractice happen (Statute of Limitations)?

Rand Spear Law Office
Two Penn Center Plaza, 1500 John F Kennedy Blvd #200, Philadelphia, PA 19102, USA
+1 215-985-2424

In Ohio the medical malpractice statute of restrictions is one year from the date of the malpractice, or the last date the accused treated the complainant (victim) or the date the plaintiff discovered or reasonably must have discovered the malpractice. Some states have a two year statute of restrictions. In Ohio if the victim is a small the statute of limitations will not even begin to run until the small ends up being 18 years old. Be encouraged nevertheless acquired claims for moms and dads may run many years earlier. If you think you may have a case it is very important you get in touch with an attorney quickly. Irrespective of the statute of restrictions, physicians relocate, witnesses disappear and memories fade. The faster counsel is engaged the sooner crucial proof can be preserved and the much better your opportunities are of prevailing.

Exactly what did the physician do or cannot do?

Merely due to the fact that a client does not have an effective result from a surgery, medical procedure or medical treatment does not in and of itself indicate the physician made a mistake. Medical practice is by no indicates a warranty of health or a complete recovery. Most of the time when a client experiences an unsuccessful arise from medical treatment it is not because the medical company slipped up. Most of the time when there is a bad medical outcome it is in spite of great, quality treatment not because of sub-standard healthcare.

Illinois Medical Malpractice Law – 40 Things You Should Know

In my day to day job, I educate people about all areas of Illinois law and provide lawyer referrals.  With education in mind and having spoken to probably 20,000+ people who are looking for medical malpractice lawyers in Illinois, here are 40 things that I think you should know.  Nerdy lawyer caveat that you shouldn’t... Read more » Illinois Medical Malpractice Law – 40 Things You Should Know

When discussing a prospective case with a customer it is very important that the customer be able to inform us why they believe there was medical negligence. As all of us understand individuals frequently die from cancer, heart problem or organ failure even with excellent medical care. Nevertheless, we also understand that people usually need to not die from knee surgical treatment, appendix elimination, hernia repair work or some other "minor" surgical treatment. When something really unanticipated like that occurs it definitely is worth checking out whether there was a medical error. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. A lot of legal representatives do not charge for a preliminary assessment in carelessness cases.

So what if there was a medical error (near cause)?

In is the burden of proof on the complainant to prove the medical malpractice the plaintiff must also show that as a direct result of the medical negligence some injury or death resulted (damages). This is called "near cause." Because medical malpractice litigation is so costly to pursue the injuries must be considerable to call for moving on with the case. All medical mistakes are "malpractice" however only a small percentage of mistakes give rise to medical malpractice cases.

By of example, if a moms and dad takes his child to the emergency clinic after a skateboard accident and the ER medical professional does not do x-rays regardless of an obvious bend in the child's lower arm and informs the papa his child has "simply a sprain" this likely is medical malpractice. However, if the child is properly identified within a few days and makes a total recovery it is unlikely the "damages" are severe adequate to undertake a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of the hold-up in being appropriately detected, the kid has to have his arm re-broken and the development plate is irreparably damaged due to the hold-up then the damages likely would call for more investigation and a possible lawsuit.

Other crucial considerations.

Other concerns that are important when figuring out whether a customer has a malpractice case include the victim's habits and case history. Did the victim do anything to trigger or contribute to the bad medical outcome? A common tactic of medical malpractice defense lawyer is to blame the patient. If it is a birth injury case, did the mommy have proper prenatal care, did she smoke or use drugs throughout her pregnancy? In other cases, did the patient follow the medical professional's orders, keep his consultations, take his medicine as instructed and inform the physician the reality? These are facts that we need to understand in order to identify whether the doctor will have a legitimate defense to the malpractice claim?

Exactly what happens if it appears like there is a case?

If it appears that the client may have been a victim of a medical error, the medical error caused a considerable injury or death and the patient was certified with his doctor's orders, then we need to get the client's medical records. In many cases, getting the medical records involves nothing more mailing a release signed by the customer to the medical professional and/or medical facility together with a letter asking for the records. In the case of wrongful death, an administrator of the victims estate needs to be designated in the regional county probate court and after that the executor can sign the release requesting the records.

As soon as the records are gotten we examine them to make sure they are complete. It is not unusual in medical carelessness cases to receive insufficient medical charts. As soon as all the pertinent records are gotten they are provided to a qualified medical professional for evaluation and viewpoint. If the case is against an emergency clinic medical professional we have an emergency clinic doctor examine the case, if it's against a cardiologist we have to obtain a viewpoint from a cardiologist, and so on

. Primarily, what we need to know form the expert is 1) was the healthcare supplied below the requirement of care, 2) did the infraction of the standard of care result in the patients injury or death? If the physicians opinion agrees with on both counts a lawsuit will be prepared on the customer's behalf and normally submitted in the court of common pleas in the county where the malpractice was dedicated or in the county where the offender lives. In some restricted situations jurisdiction for the malpractice claim could be federal court or some other court.


In sum, a great malpractice attorney will carefully and thoroughly review any possible malpractice case before filing a lawsuit. It's not fair to the victim or the physicians to file a suit unless the professional tells us that he thinks there is a strong basis to bring the suit. Due to the cost of pursuing a medical neglect action no good legal representative has the time or resources to lose on a "unimportant suit."

When talking to a malpractice attorney it is necessary to accurately give the legal representative as much detail as possible and respond to the legal representative's concerns as completely as possible. Prior to talking with a lawyer consider making some notes so you always remember some important reality or situation the attorney might need.

Last but not least, if you think you might have a malpractice case contact a great malpractice attorney as soon as possible so there are no statute of restrictions problems in your case.

Leave a Reply

Your email address will not be published. Required fields are marked *