Claiming Compensation For A Cosmetic Surgery Mistake

Cosmetic surgery procedure numbers are increasing every day and more people than ever are choosing to go under the knife to enhance their looks. Both men and women are spending vast amounts of money on expensive cosmetic procedures making the cosmetic industry millions of pounds every year - and that number is continually increasing.
The increase in popularity of cosmetic surgery has led to an increase in more private surgeries. The majority of these surgeries are reputable and have fully-trained professionals who look after their patients. However, there are private surgeries popping up and they tend to be more interested in taking your money than looking after you properly during your procedure.

With so many deals and offers in circulation, especially online, for Botox treatments, teeth whitening and liposuction; cosmetic procedures are more easily accessible to people who may not have been able to afford them before.

Going through with surgery is a personal decision that should not be taken lightly, no matter what the type of treatment is. In most cases, your surgeon or therapist will inform of you of all of your options and of any risks or complications with your procedure. By law, you must then be given the time to go away and think about whether you want to go through with your procedure, and make an informed decision. The majority of cosmetic surgeries are all above board but unfortunately, some surgeries are more concerned with taking your money than looking after your welfare.

If you think you weren't given the care you are entitled to before, during, or after a cosmetic procedure, you may be able to claim for cosmetic surgery compensation. Below are a few of the most common types of medical negligence compensation that people have claimed for against a cosmetic procedure:

Fillers (Botox)
Fillers are chemicals that are injected into the skin to change your appearance. Botox is one of the most common procedures carried out in the UK. To become a botox therapist all you need to hold is an EU patent, and most people can get one of these. Unfortunately, accidents occur when the Botox therapist isn't fully-trained. Those who regularly have Botox injections tend to forget it contains the poisonous chemical Botulinum, and if used incorrectly it can result in severe headaches, allergic reactions and paralysis of the wrong facial muscles.

Breast Augmentation
Another common procedure that if not performed correctly can leave you with severe scarring, lopsided breasts, bleeding, desensitisation in the nipple area and implant ruptures.

If facelift surgery isn't carried out properly you can be left with scars and damage to facial nerves.

Tummy-tucks and liposuction have become a lot more popular since cheap deals have surfaced, so more people are going under the knife remove sagging skin and stretch marks. As a rule, this is a safe procedure with minimal risks but it is invasive surgery and there are cases where mistakes can happen.

All cosmetic surgery procedures carry risks and complications, and just because something has gone wrong, it doesn't mean you have a right to claim. You have to prove the level of care fell below what is expected in order to claim for negligence compensation. If you feel you have a case, you should contact a specialist lawyer to help you - claiming for cases such as these can be traumatic if you've experienced physical or psychological damage, so it's important you know the help that is available to you.
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Cosmetic Surgery Compensation Claims

With around 75,000 cosmetic surgeries carried out in the UK alone each year it is no surprise that once in a while things can go wrong. The physical and mental suffering caused by a botched cosmetic surgery can be intolerable for the patient and they are entitled to compensation for their suffering.
Cosmetic surgery (or plastic surgery as it is known perhaps more commonly) can go wrong for a number of reasons. It could be a mistake by the surgeon, surgery carried out by an unqualified surgeon, poor materials used such as breast implants, excessive scarring or poor post surgery care.

Most cosmetic surgery is incredibly invasive and there is huge potential for things to go wrong, whether it's a breast enlargement, face lift, nose job, liposuction or tummy tuck.

Even if surgery goes well a patient could be entitled to compensation if they were not fully informed of all the risks, side effects and alternatives to the surgery. While the majority of plastic surgeons are qualified and experienced, there are some who are practising without the correct qualifications and they are the ones likely to NOT give a patient all the information they require to make an informed decision on whether to go ahead or not.

Should a patient feel that they have suffered physical or mental torment due to plastic surgery and want to make a cosmetic surgery compensation claim the best thing they can do is contact a specialist medical negligence solicitor. The qualified solicitor will be able to use his or her expertise and experience to judge whether or not you have a case in the first place.

They will assess the evidence, including the injuries the patient has based on the surgery they underwent, they will investigate the clinic and the surgeon who carried out the work and come to a conclusion.

Should they feel a compensation claim can be made they will then officially take the patient on as a client and make the necessary legal arrangements to pursue the claim, including gathering further evidence to ensure the case is won and adequate compensation is made.

The amount of compensation a patient receives is ultimately decided by the judge hearing the case, should it be successful, and is based on the amount of suffering or disfigurement suffered by the patient and precedent set in previous cases. It can vary from a few thousand pounds upwards, into the millions in very serious cases of negligence.

For patients worrying about paying for legal representation they should be aware that in some cases Legal Aid can be awarded, where all or part of the fees are paid for by the government. This can be difficult to obtain, however, so a more common route is to choose a medical negligence solicitor who operates on a No Win, No Fee basis.

They will only charge for their services if the case is successful, which also means that if they decide to take on a case they are confident that they will be successful.

Compensation Claims For Anaesthetic Mistakes

Anaesthetic complications are very rare, especially in our day and age where doctors and surgeons are fully trained in administering and injecting anaesthetic.

The most common case of medical negligence compensation regarding anaesthetics is Anaesthetic Awareness - the term given to regaining some form of consciousness during surgery under general anaesthetic. If a patient has not been administered an adequate dosage of anesthetic before an operation, they might end up regaining consciousness during a surgical procedure causing them a lot of physical and psychological stress. There are cases where the patient has been given enough paralysing agent to be unable to move or speak but to be conscious enough to know what's happening to them.

There are also cases of over-dosage of anaesthetic, which in the most serious cases can lead to brain damage or death. Of course these situations are extremely rare, but they do happen, and if they have happened to someone close to you, it's important to know the steps you can take to claim compensation should you need any support.

Administration of aneasthetic requires specialised training and certification and all aneasthetic procedures should be noted and recorded for medical evidence. Complications have been known to occur in cosmetic surgeries and dental practises because the patients are under general anaesthesia and there are no trained anaesthesia staff present.

Making a clinical negligence claim can be very difficult, especially in cases where you need to supply lots of evidence during a traumatic time for you or a loved one. It's important that you find a specialist medical negligence lawyer to assist you with your claim and to give you all of the necessary support available to you. Not only will the lawyer be able to help you with your claim but they will also be able to give you relevant contacts for support and counselling as anaesthetic complications can cause major physical and psychological distress.

When making your claim it will be necessary for you to collate all medical evidence, and of course, the more evidence you have, the better the chances are of you receiving compensation. You will need to show in your evidence that the level of care fell below what is expected and you'll need to prove this negligence is the result of your injury or condition.

You will be entitled to different types of compensation. The first is financial compensation for the pain and suffering caused during the procedure and this is known as loss of amenity. The second is special damages compensation and this covers you for all of your expenses over the time of your claim - you should keep all receipts of any expenditure during this period, for example, travel costs that have incurred travelling back and forth to hospitals and various solicitors or sources of help.

Anaesthetic malpractice is one of the most difficult types of negligence to prove because at the time the patient is in a state of sedation, so the only evidence lawyers can rely on is word of mouth from both the patient and the doctors, and previous medical records. This is why it's so important to find a specialist lawyer who will be able to help you with your claim and everything that surrounds it.

Medical Malpractice in Pediatrics: What Every Parent Should Know

Your child means the world to you. You do everything to make sure that he has everything he needs to live healthy, safely, comfortably and most of all, happy. When a child suffers from a serious injury, disability, or even death due to a medical error, it's understandable that a parent would feel rage against the doctor who committed the mistake. Every parent should know about medical malpractice in pediatrics. Every parent should be aware that even topnotch doctors can commit the worst mistakes in the field of medicine that they are supposed to be experts of. Every parent should learn that medical malpractice or negligence is something that they can fight against.

Pediatric malpractice can happen anytime. It can involve negligence in neonatal care or failure to diagnose a chronic disease in teenage children. Most of these cases are difficult and complicated. As you can imagine, the doctor and the hospital will not be too accommodating when it comes to offering you with the information you need to file the claim. They may distort some facts or choose not to disclose pertinent information regarding the case. It's possible that they will not explain truthfully or properly what really happened that caused the injury, disability or death of the child.

Because of this, parents should be aware of what can be included in a valid pediatric malpractice claim. These are complications from surgery, mistakes in the administration of anesthesia, misdiagnosis or failure to diagnose a disease, avoidable birth trauma, pediatric burn injury cases, negligence during the postoperative recovery, errors in nursing, infections, failure to diagnose infections, and errors in prescription. As with any other medical practitioner, it's also possible for a pediatrician to commit varied mistakes when providing care and treatment to your child. But those that cause the most common cases of pediatric malpractice are failure to diagnose or misdiagnosis of pneumonia, infection, meningitis, appendicitis and errors in prescription.

If it happens that you suspect of medical malpractice in the way your child's treatment and care were handled, you must collect and review all of the child's medical records, evidence, testing reports, and evidence. All these are necessary for filing the malpractice claim. You'll have better chances of recovering compensation that your child rightfully deserves if you are equipped with complete documents. Since complete and accurate records are to be kept by the physician, hospital or medical facility where you child was given treatment, you can ask them for these documents.

Right now, there is no special area of law that addresses malpractice injury in the field of pediatric. But the medical malpractice law that applies to the adult also applies to a child. A lawyer who's experienced in malpractice law is qualified to handle such case. If you have a personal injury attorney and lawyer, he/she can refer you to a smart and efficient medical malpractice lawyer. It's of utmost importance to find a good lawyer to back you up through every step of the way.

Medical Malpractice Lawyers File HIV Lawsuits

Medical malpractice lawyers respond to medical negligence that a person is suffering especially those that have been misdiagnosed with HIV. Human Immunodeficiency Virus cases around the world are increasing each year and being diagnosed with it can be traumatic. It can create a psychological impact to the person particularly in his/her self esteem as well as self image. However, there are cases wherein the person receiving HIV treatments for a longer period of time has been found to be negative on several HIV tests. This may give hope to the person but it has already inflicted moral damages to him/her. Hence, seeking the advice of a medical malpractice lawyer can be a great help to file a case against the doctors and other health professionals who have misdiagnosed such person.

Medical malpractice lawyers will assess the case; study the medical records and research every detail that can support the negligence of the health care professionals. They will be the advocate for a person who has suffered the consequences of misdiagnosis. Any lawsuit will not guarantee success but in order to win the case for misdiagnosis, the attorney needs to prove in the court that there are errors that took place during the HIV screening. The Medical Malpractice Lawyers will definitely question the medical doctors about the reason why they have wrongly interpreted the diagnosis and why they have given HIV treatment for a person who has not acquired the disease at all. Apart from the emotional distress that it brought to the claimant, it has also triggered physical conditions such as depression, loss of appetite, chronic fatigue, inflammation of the intestines and many others. This is mainly due to the effects of prescription drugs that were given.

Being diagnosed with HIV is not a joke and it can even cause public humiliation, relationship breakup and behavioural changes. This kind of negligence is common these days. In fact, there have been several HIV patients who had negative results after years of carrying this particular diagnosis. Doctors often claim that the disease has a tendency to become dormant, giving the person a negative result upon re-screening. However, they should face the charges that will be held against them. Although the trial will need further research and time, the claimant and the defendant need to meet for the criminal proceedings. If the medical doctors are found guilty for not giving the right diagnosis, they have to pay the damages that were created. Their license as a doctor will also be revoked and they will not be allowed to practice their profession for a specified number of years.

The entire lawsuit will depend on how the medical malpractice lawyers defended their client's side and the strong evidences they have gathered. They should properly present it to the court in order to show the negligence that has caused the moral and physical damages. Even though there is no certainty whether the case will be a success or not, these law professionals will do their best to attain the justice that their client is seeking.

A directory has been released targeting medical malpractice lawyers to help the public easily find an attorney who specializes in this area of law. Listings are free for law firms. Unlike other online directories, this directory requests physical address, phone numbers and any other special information needed for choosing a medical malpractice lawyers.

Surgical Mesh Attorney Cases

Over the last few years there have been more than 4,000 cases of injury due to vaginal mesh. It's not the surgery, but the mesh that creates complications like eroded mesh, infection, bacteria build up, urinary problems, bleeding, pain and more. This doesn't have to just be taken and thrown aside as another part of life. You can hire an attorney and get what you are entitled to.

Vaginal mesh is also known by names such as transvaginal mesh, bladder mesh and pelvic sling. It is used to fix organ prolapse and stress urinary incontinence. Unfortunately, a lot of the time they have caused serious internal injury in patients that have had surgery in the vagina. The pads have caused many problems that have not been given warning about from the manufacturers. The doctors nor the patients have been warned properly or even educated about the risk of using these pads internally.

You can receive significant compensation for problems from vaginal mesh problems. People don't realize that they are not alone a lot of the time and don't understand that there are attorneys out there that have had many cases before yours. Whether you are experiencing pain, bowel or bladder perforation, bleeding or serious infection then you are entitled to have all of your medical bills taken care of, money for pain and suffering, money to compensate of work time lost and money for any stress or mental un-wellness you have developed from this incident.

An unbelievable number of 15% of women that have undergone surgery and have been implanted with vaginal mesh have suffered from complications such as vaginal mesh erosion within three months of implantation. The mesh has been distributed by nine different companies without warning so physicians and patients everywhere have been blindly getting involved with this problem. The FDA has recently issued warning in 2011 which cautions that the risk of using vaginal mesh is severe enough that alternate treatments should be looked into. Now, pelvic organ prolapse is treated without vaginal mesh.

Filing for a defective medical device lawsuit is your best bet when dealing with something like this. You will be entitled to pursue compensation for undergoing such a dangerous medical procedure using dangerous devices. A lawyer that specializes in defective medical product liability can review your claim and explain your situation to you. They know what your rights are and you should too.

Different Types of Compensation

Claiming for compensation has in recent times got itself a bad name. You hear phrases like "where there's blame, there's a claim" and "ambulance chasers", referring to lawyers who carry out compensation claims on behalf of clients. There has also been enormous growth in the number of companies offering compensation claim services. But in many cases, claiming for compensation is not only legitimate but also very necessary.

There are many different types of compensation from personal injury through medical compensation to unfair dismissal compensation. Making a claim under these varies widely, so let's focus on these three types.

Personal Injury Compensation.

Claiming for a personal injury can take many forms. You will want to hire a professional solicitor who specialises in these types of claims. A potentially successful claim could include a car or motorcycle accident, an accident at work, a public accident (ie, on the street), an animal attack or a slip, trip or fall.

If one of these has happened to you, then you could be eligible to claim. You would need to prove that you suffered some kind of injury or ongoing health related issue or that you suffered loss of earnings in some fashion. This is how your claim will be judged and, if you're successful, how much compensation you will be rewarded.

Medical Negligence Compensation

This is a very difficult area of law, as medical treatment has inherent dangers that can lead to suffering even without a mistake being made. However, if you can prove that the medical staff treating you or relative was indeed negligent, made a mistake in treatment or an operation or failed to diagnose something, then you could have a claim.

The amount of medical negligence compensation you could receive will depend on the extent of your injuries or suffering, and this can be physical or mental. There are so many forms of medical negligence it would be impossible to list them all. It is vital you employ the services of a specialist solicitor when pursuing a medical negligence claim as they will have the know-how required to determine if a claim is worth making and be able to get as much compensation as possible.

Unfair Dismissal Compensation

If you have been made redundant or fired and feel that it was unfair - possibly because of your creed, race or religious beliefs for example - then you could claim for this type of compensation. Employment law is hugely complex and their could be many more reasons you have been fired that could qualify for unfair dismissal.

Making this sort of claim again requires a specialist solicitor, first to determine if, in fact, your employer has broken any employment laws and secondly to pursue that claim on your behalf and claim as much compensation as possible for you.

No matter what the reason may be, if you feel you have been wrongly dismissed then contact such a solicitor and have them review your case. Many solicitors work on a no win, no fee basis so will be able to tell you whether or not you have a serious claim before they even begin work. It will cost you nothing to find out, in other words.

There are more forms of compensation, but these are, in general, the most common types. Always seek professional legal advice whatever the case.

Victim Of Medical Malpractice? What You Should Do

Undergoing medical treatment is rarely a pleasant experience. Nonetheless, most people recognize the necessity of receiving regular, competent medical care as a part of maintaining an acceptable quality of life. Doctors and other health care professionals are held to certain standards of care and their patients trust them to exercise all of the skill and judgment at their disposal.

Sometimes, however, health care professionals fail to exercise an acceptable standard of care. This deviation from accepted medical practices may consist of a misdiagnosis or a failure to diagnose a condition. It may also result from inadequate treatment or failure to provide care. Sometimes medical malpractice is the result of having insufficient equipment. Physicians may be held responsible for this medical malpractice, but so may dentists, nurses, administrators and health care facilities.

When the patient believes they are the victim of malpractice it can be a stressful time. Income may be lost and quality of life can take a sharp decline. The mental and emotional toll can also be extensive. Personal relationships may suffer, making the consequences of having experienced medical malpractice create shockwaves throughout the patient's life.

When a patient believes they have been the victim of medical injury it is important for them to act quickly by contacting an experienced medical malpractice attorney. Such an attorney will utilize their knowledge to determine whether or not the patient actually experienced medical malpractice and whether the case has sufficient merit to be pursued. A malpractice claim is one that is difficult and expensive to prove. The opinion of expert witnesses must be obtained and this can be a costly process. Furthermore, many malpractice claims must be taken to trial before they are resolved. This can involve years of the patient's life and become expensive and stressful.

Most medical malpractice attorneys will take a case that they believe has merit on a contingency basis. This means that the attorney essentially gets paid when their client's case has been won and they have been compensated by the defendant. At the outset of the case the attorney and the client will sign an agreement in which the percentage of the attorney's compensation is stipulated. This may be a percentage from 25% to 45% depending upon the attorney's practice. Generally the percentage given to the attorney will be smaller if the case can be resolved before going to trial.

Anyone who believes they are the victim of medical malpractice should consult an attorney as soon as possible thereafter. The statute of limitations may define how long after the occurrence of the malpractice a claim can be made. That is why early consultation with an attorney is crucial. It is only with such a speedy consultation that the attorney can ensure that no important deadlines are missed.

A medical malpractice claim has a way of encroaching on every aspect of the claimant's life. For a period of months or perhaps even a few years it may be a central concern. However, an egregious case of malpractice also consumes the patient's life. They may be unable to work or enjoy life in any capacity. In such cases compensation is both necessary and fair. In extreme cases where the malpractice resulted in the death of the patient the family of the deceased may sue on their behalf. Such a case would involve compensation for loss of companionship and punitive damages.

Claimants in a medical malpractice case may make claims for lost wages, mental anguish and physical pain and suffering. Generally, the claimant is seeking to be placed in a position comparable to that which they would have occupied had the malpractice never occurred. Although financial compensation cannot always fully redress the issues caused by the medical malpractice it can at least help enhance quality of life. With the help of an experienced medical malpractice attorney claimants can regain their peace of mind.

Causes of Anesthesia Mistakes In Hospitals

Anesthesia is often the highest risk element of a surgical procedure. It is not widely known that a simple error in administering anesthesia can create serious lifelong medical problems for the patient. In some cases the mistakes can prove fatal.

Probable Causes of Anesthesia

Common areas where errors occur in the use of anesthesia include: not accounting for the height and weight of the patient, failing to carefully review the patient's records, lack of proper training for technicians, and fatigue of the medical staff attending to the patient.

Problems Associated With Anesthesia Errors

Improper administration of anesthesia can lead to low blood pressure or inadequate blood flow to major organs including the brain. Errors like these can have catastrophic consequences for the patient including: heart failure, stroke, mild or severe brain damage, paralysis, or death. Obviously, these problems are nearly always more severe than the initial medical condition the patient may have been trying to correct with surgery.

Anesthesia Blunders Don't Always Show Up In The Operating Room

Anesthesia mistakes can take place during the simplest dental procedure, during minor and major surgical procedures, and during childbirth if the mother chooses to have a cesarean section. The problems can occur in the waiting room prior to surgery, operating room, or even post surgery.

What To Do If You Or A Family Member Have Been Harmed By An Anesthesia Mistake

Most anesthesia mistakes are easily prevented. Those responsible for causing these extreme errors can be held accountable for the patient's injuries, suffering or death. If you or a member of your family is the victim of an anesthesia mistake, speak with a lawyer to get an appraisal of your situation. You may be entitled to receive compensation for any damages caused.

Insurance companies and their legal departments are heavily incentivised to keep anesthesia-related injury claims in check. Often, this can mean that an injured patient's rights are being violated. Cases involving anesthesiologist malpractice can be extremely complicated. It pays to speak with injury attorneys who dedicated their practice entirely to medical malpractice cases. The lawyers and their firms are in a good position to navigate the medical legal complex. They understand medical procedures, hospital processes, and operating room protocol. Additionally many law firms have medical professionals on staff to advise their legal team on a stream of pharmaceutical and medical nuances.

Another point to bear in mind is that injury victims (or their families) must seek legal guidance as soon as possible after the injury. It is far easier for a legal team to research and investigate all aspects of the incident including critical issues and personnel involved at the medical facility while the injury event is still fairly recent.

How To Seek A Medical Negligence Claim

When you check into a medical facility, it is because you need some form of medical attention, and you trust your physician to provide an adequate service. However, sometimes the physician may fail to provide what you paid for or worse still, make critical mistakes such as wrong diagnosis, failing to refer you for specialized treatment in time or any other life threatening mistake. This is legally referred to as medical negligence, and the law allows you to file a medical negligence claim against such a practitioner in order to indemnify for damages incurred.

If you become a victim of medical negligence, you have the legal right to seek restitution. The key to filing a successful medical compensation claim is proving that your physician failed to follow the right medical procedure while treating you. Since this can be an extremely challenging task to a layman, you need to engage the services of medical negligence lawyers in order to win your claim. Here are four essential steps that you need to follow while filing your medical compensation claim.

Your first step towards seeking restitution for your medical damages involves contracting a lawyer who specializes in medical negligence claims. Most lawyers offer free initial consultations for their clients. During these sessions, the attorney will review your case to determine if it is strong enough to claim compensation. You can search for reputable lawyers online or get referrals from friends and family.

While meeting your lawyer, consider bringing your medical records for review. For your information, comprehensive medical records are crucial for any successful medical negligence claim. Some of the documents that you should bring along include your personal details, name of the physician or physicians who treated you, the medical facility where you sought treatment, the nature of the treatment, tests carried, prescribed medication and the dates of treatment.

In medical compensation cases, you need to be truly candid, discussing everything with your lawyer. Never hold anything back. Your lawyer will review your statement and study your documents in order to determine whether your case is strong enough to award compensation. In addition, this will guide your lawyer in making an estimation of the amount of compensation that you should seek as well as the duration that your case should take.

During your medical compensation claim case, chances are a medical expert will be contracted to examine your documents in order to establish if there is evidence of negligence and how it affected you. Such experts are usually doctors with several years of experience in the specific specialty. These experts may testify in court or prepare a comprehensive report detailing the extent of negligence and damages incurred. Once these experts have done their job, your lawyer will propose a compensation figure that both parties should consider.

The entire process of seeking a medical negligence claim can be terribly long, with barely any short cut to take. Even in cases where there is no dispute about the facts, reaching the final settlement can be an exceptionally long and frustrating process. However, with the help of an experienced lawyer, you can have the peace of mind that the case will end in your favor.

A Debate on Medical Mistake Payments

According to a survey conducted in 2006 by the Archives of Surgery, there are 1,300 to 2,700 medical procedures that went terribly wrong in the United States. This long list of medical mistakes includes wrong site procedures - operating on the wrong person, wrong place, or wrong body part.

Whether it is a healthy organ that was removed, operation on the wrong side of the brain, bypassing the wrong artery, or not administering enough anesthesia, the question remains, who pays for these horrendous medical mistakes? So far, only eleven states in the U.S. have agreed to not charge patients or their health care providers for serious preventable errors on behalf of the medical team. Hospitals should waive fees for these rare errors because they should not have been allowed to happen in the first place and patients should not be punished even further by being pinned the medical bill. However, this isn't the case in reality. Since only 11 states have acknowledged medical mistake waivers, the rest of the states take the position of not paying for these wrongful procedures because they feel that they are accepting total liability in court. That leaves 39 states where patients who suffered from wrongful medical procedures to expect they, or their medical insurance providers to pay for procedures. This should stir a reform for no payment policies to waive all fees to patients who suffered from unexpected removals of organs, amputations, or wrongful operations.

While some states have developed their own lists based on NQF (National Quality Forum) standards, the list outlines a selection of non-billable errors to medical mistakes that will hold the hospital liable. Even still, such lists may or may not accept responsibility for mistakes such as artificial insemination with the wrong donor sperm or egg, or wrongful removal of a body part. It's hard to believe, but since medical mistake payment and liability is not controlled on the federal level, it is up to the states to develop their own process of action when dealing with such cases.

On the Federal level, at least the government has some idea about the statistical numbers attributed to medical errors. Looking at reported Medicare numbers, in 2006 Medicare was sent bills 764 times for foreign objects left behind in a surgery. Each average payment per case was estimated to be about $62,000.

Many patients resonate the same opinion regarding this matter. They should not be charged for any egregious mistakes performed and hospitals should step up and even pay the patients a remuneration or compensation fee for enduring unexpected and often painful procedures.

Regarding health associations and large medical insurance companies, refusing to pay for hospital errors is a way to improve patient safety and cut health costs. Since hospitals cannot charge insurance companies for their mistakes, it might be more of an incentive for hospital practices to take greater precaution in patient care. Medicare has already taken this step and starting in October, will no longer pay costs associated with preventable conditions of patients after they have been hospitalized. Other large medical insurance providers will follow suit.

Finding an Experienced Medical Negligence Solicitor

If you've experienced complications that were caused from medical treatment you've received or from a medical professional's mistake, you might be entitled to medical negligence compensation. To find out whether you are entitled to any compensation, you'll need to find an experienced medical negligence solicitor to help you assess your claim. Fortunately, few medical negligence claims will end up in court and will usually be settled before the trial date, but you will still need a medical negligence expert to help you assess your claim.

You should look into speaking to a solicitor if you feel your treatment has fallen below the level of what is expected, and it is the cause of your injury or suffering. Try and keep a diary of the treatment you've received and describe how you think the care may have fallen below the standard of what is expected. Keeping track of all procedures is useful evidence and will help your medical solicitor making the process easier and quicker. Successful clinical negligence claims include misdiagnosis, surgical errors, anesthetic complications, cerebral palsy due to birth trauma and negligence in accident and emergency departments. You can claim medical negligence compensation against doctors, nurses, surgeons, midwives, carers and even pharmacists - if you have an injury that has been caused by the negligence, and you can prove it, then you have a case. All medical procedures carry risks and patients are informed of all risks before they go through with their treatment. If in the unlikely case the explained risks do occur then you cannot claim for medical negligence.

Medical negligence compensation claims can be complex and difficult to handle, especially if you are in pain or distress from the complications caused. You should contact local support networks who will offer you guidance on the best solicitors in your area, and also to help you through the often stressful process. Contact the Citizen's Advice Bureau to find people who can help you psychologically as well as physically, and you will also be given guidance on benefits you are entitled to if you are unable to work.

When searching for a clinical negligence solicitor, you should find out which solicitors have expertise in claims similar to yours and also if they were successful with their cases. By choosing the wrong solicitor you could receive less than you deserve, or nothing at all. A lot of solicitors will operate on a no win no fee basis, so they will only take on your claim if it is likely to be a success. This shows the solicitor or law firm are confident they will achieve good results. Solicitors offering free consultations are good to choose for the same reasons. If you are browsing the solicitor's website, look for customer testimonials and recommendations. It's also important you have a good rapport with your medical negligence solicitor, you should always be able to speak to them face to face when you need to and if they aren't willing to dedicate any one on one time to you then they're probably not worth your time.

Common Pitfalls in Medical Malpractice Cases

If you were injured from what you believe was doctor's error, you need to consult medical malpractice lawyers, who will review the evidence and tell you if your case has a chance of success. Listed below are common pitfalls of medical malpractice cases which may cause your lawsuit to be dismissed:

1. Not all bad results are medical malpractice

A physician must deviate from the acceptable standard of medical care, and his negligence must cause a serious injury in order for the malpractice claim to have merit. A doctor may fail to diagnose a condition (for example high blood pressure), but if the condition is eventually identified, the patient is treated and shortly thereafter gets better, while the physician is at fault, this may not be medical malpractice. The issue or recovery, extent of the injuries and length of disability play an important role in maintaining a successful medical malpractice lawsuit. For example, if the patient arrives to a hospital with a fractured hip, which is improperly operated on, but the following day, undergoes an additional operation, where the fracture is finely set in place, most Professional lawyers will decline to accept this case, since the possibility of recovering substantial damages is remote and the costs of litigation, will outweigh the result.

2. Failure to have the medical malpractice case reviewed by another physician or expert.

The courts now require that the attorney, filing the summons and complaint on the client's behalf in a medical malpractice cases, include what's called a Certificate of Merit, stating that he or she consulted with a physician or expert, concerning the pluses and minuses of the case, including doctor's negligence, and believes that the case has merit. An experienced malpractice law firm will make sure to use due diligence in filing the necessary paperwork in court when commencing the lawsuit, and will retain contact with the consulting physician to possibly use him later on as expert witness, to testify at trial.

3. Failing to file the lawsuit within the applicable statute of limitations

Each state has its own time limits for when the plaintiff or his estate must commence an action against the doctor. Should the lawsuit be started past the allowed time, the complaint will be dismissed. In New York there are different statutes for medical malpractice and dental malpractice cases, wrongful death cases, as well as actions against public hospitals.

4. Failure to obtain all of the patient's medical records

If a patient is suing a doctor for negligence, very often his entire medical record, including reports from years back, comes into play. The usual argument by the defense is that the condition was pre-existing and not the result of doctor's mistake or omission. The counsel for the defendant will pour over hundreds and hundreds of pages of plaintiff's records to try to find the way out of the lawsuit. Making sure that an attorney has your entire medical record will prevent surprises later on, since your counsel will be prepared to counter any argument that the doctor's attorney will make concerning the cause of your injuries.

5. Failing to retain expert witness to testify on plaintiff's behalf

Medical malpractice cases often succeed or fail based on the testimony of an expert witness, who testifies as to whether the defendant doctor deviated from the accepted standards of care. Such experts are expensive to retain, but are vital to the case. Without their statements the jury only hears the defendant's side, and will likely rule in his favor.

It is critical to hire an experienced and aggressive malpractice lawyer who knows what constitutes medical malpractice and has the experience and skill to represent you in a personal injury case. Your case should not be the lawyer's learning experience. Ask the right questions and you can judge whether your lawyer has the ability to handle your case.

Sickle Cell Anemia - A Medical Malpractice Case

Sickle cell anemia is a hereditary disease when red-blood cells, which are normally disc-shaped, instead are crescent shaped. As a result, they can cause blood clots and give rise to painful episodes called "pain crisis".

Nina, now 16-years old, has lived with the effects of the disease for her entire life. Twice a year, she is spontaneously thrown into fits of extreme pain in her arms, legs, abdomen, and back and must be admitted to the hospital. Typically, she is given strong medications such as morphine and placed on an I.V. for hydration.

Two years ago, Nina had an episode and while in the hospital, she spiked a fever of approximately 102.7. The hospital took a chest x-ray that showed Nina had pneumonia. In addition, three blood tests were taken and it was shown that there was probably a contaminant in her blood.

This kind of blood reading would be cause for concern for the average patient. For someone with sickle-cell anemia, the alarms should have gone off. People with sickle-cell anemia are highly predisposed to Staph-infections - a unique bacterium that can erode bone tissue and kill vital organs.

Despite this possibility, the hospital treated the infection as a regular bacterium. Although her pain continued, Nina was given antibiotics and painkillers and discharged.

Nina came back to the hospital two more times in the next month. Family, friends and doctors watched as her condition got worse. Still, the method of treatment was never reconsidered. She couldn't walk, she was short of breath and due to the excruciating pain, Nina could barely carry on a conversation with her mother.

This kind of blood reading would be cause for concern for the average patient. For someone with sickle-cell anemia, the alarms should have gone off. People with sickle-cell anemia are highly predisposed to Staph-infections - a unique bacterium that can erode bone tissue and kill vital organs.

Finally, Nina was taken to a different medical center where it was revealed that a Staph infection killed bone tissue in Nina's spine. She had to have spinal surgery, which is painful, traumatic and involves considerable risk for the patient.

When Nina brought a medical malpractice lawsuit, the Court determined that it is indeed a departure from "good and accepted medical practice" for the hospital to fail to consider a staph infection after the first positive blood culture; particularly in light of the fact that people who suffer from sickle cell anemia are at increased risk for that kind of devastating infection. Nina recovered compensation commensurate with her pain and suffering.

Finding A Malpractice Expert For Your Lawsuit

If you've been a patient and believe you've been the victim of medical malpractice, you need a malpractice expert on your legal team. You might know that you're suffering after undergoing treatment, and you might be able to demonstrate that suffering. It's quite another thing, though, to convince a jury that your suffering was caused by a doctor's neglect.

Few plaintiffs have the expertise to know what a doctor's treatment should be expected to have accomplished, and in what time frame. Perhaps you remember what you were told by the doctor before you underwent treatment, and perhaps you were even given this in written form, but this isn't good enough. You also have to know what range of symptoms qualifies as not just "tough luck" but actual malpractice.

A malpractice expert had better be a doctor. But it takes more than a mere medical degree. It takes specific medical knowledge relevant to your particular case, and for the non-expert even learning what knowledge is relevant will require consultation. For complex procedures like surgeries, the fault might have been the surgeons but it might also have been the anesthesiologists, hematologists, or even the physical therapists. There are companies, like American Medical Forensic Specialists, whose sole business is providing malpractice expert witnesses. They retain a "Medical Director" who can tell you what medical specialties need to be engaged, what counter-claim might be engaged, and more.

With average settlements at over a quarter-million dollars, there's a lot of money at stake for both sides in a case. Keep in mind that the desire is not simply to meet some minimum requirement of expertise. Finally, this comes down to convincing a jury, one way or the other. It's in both sides' interest to retain the best-reputed, most experienced doctor possible.

It isn't difficult to find doctors willing to serve as medical expert witness. For them, it's a way to earn extra income while getting a bit of free advertising. There is rarely any interference with their schedules, and the overhead is negligible to nonexistent.

The procedures and regulations for lawsuits will vary from county to county, and there might even be variances between individual jurisdictions within counties. For instance, if you have decided to sue your dentist, and desire a dental expert witness, you'll need to know what organization to work through. In some cases there will be a licensing board specifically for all dentists; in others there will be a medical board for all doctors which also regulates dentists.

Time is of the essence. Any jurisdiction will have strict deadlines after the treatment within which litigation is accepted. This only makes sense, since the more time passes, the more opportunity there will be for something other than the treatment to have caused your distress.

It isn't necessary to hire an attorney, but it is advisable. Typically, a personal injury attorney will take this particular burden off your hands, and will already have a support network set up. He or she will know who to contact to serve as your malpractice expert.

How To Sue Your Doctor For Medical Negligence

Many people these days are sue happy. Everywhere one turns they can hear of a yet another law suit for medical negligence. It is thought that in this economy with so many people out of work; why not play with the idea of a medical malpractice law suit as obtaining needed monies. A lot of law suits are conjured up because people know that doctors carry medical negligence insurance. So why not sue? Many law practices tend to shy away from medical negligence claims, because they are exceedingly difficult to prove. You will need a specialist to help you sort out the facts of your claim, whether it is a barrister, lawyer or a medical negligence solicitor.

Yet, there are those people who were wrongly treated because of a mistake that the doctor made and the end result is going to affect them or a loved one, such a their child for the rest of their life. In these instances medical malpractice should be brought to the forefront of public awareness. The doctor should admit wrong doing, but many times he/she will not admit this because it would stand to affect their practice and career that they have worked so hard to build. Many will settle out of court in order to keep the suit quiet.

Physicians are human beings and are subject to error like anyone else, so this is where the patient must take control of their own health and wellbeing. The patient must question the doctor at every chance about their medication, dosages, strengths and side effects. Does the medication interact with other medication or supplements that they are taking? Did the doctor misdiagnose, leave a serious illness undiagnosed or even fail to diagnosis an infection. There have been so many medical negligence claims that the doctors and hospitals are becoming much more careful.

While the doctor has the expertise in healing the sick they also are susceptible to error. Medical negligence can come in the form of many different areas from ordering the wrong medication, medication strength, and or surgical mishaps to name a few. While mistakes are certainly a human characteristic and many medical mistakes go undercover, its the ones that cause someone's life to change forever or even death caused as an end result of medical mistakes. It is when the mistake could easily have been avoided by the doctor.

Take for instance cerebral palsy claims. If a child is diagnosed with cerebral palsy soon after birth 99% of the time this condition was caused from some sort of mistake. After the child is diagnosed with cerebral palsy then the parents should file cerebral palsy claims for medical negligence. Either the mother did not receive adequate treatment during pregnancy, or the baby did not receive adequate medical treatment during and/or after the delivery.

Cerebral palsy is not a progressive illness, yet it will affect the parents and child for the rest of their lives because of a mistake. In cases such as these medical negligence claims should be filed on behalf of the parents and child. Cerebral Palsy is a birth injury and it is up to the parents to find out why and how something like this happened. Generally this is caused by oxygen deprivation at some point during or after their delivery.

Compensation For Cerebral Palsy Victims

Cerebral palsy, which is known to some as spastic paralysis, is a condition caused by injury or trauma to the brain. It usually results in permanent damage to the cerebrum causing poor movement of the hands and legs. Generally, cerebral palsy causes a range of developmental delays in child development. Cerebral palsy may be due to medical negligence. Your doctor or healthcare provider may be to blame for your sons or daughters condition.

If you have a medical negligence claim that's being ignored by your healthcare provider you may need legal counsel to get the benefits you deserve for you and your child. Healthcare professionals try their best to free themselves of medical malpractice. It's up to you the patient to get the legal rights you deserve. Most solicitors require no up front fees for cases that result in medical malpractice. No one should have to suffer for the negligence of your doctor.

Your child may have suffered this injury during childbirth. All medical negligence claims should be brought to the attention of a solicitor. You may not be able to handle this situation on your own. Your child may never reach developmental milestone's that the average child does due to this condition. Cerebral palsy claims may never be settled without a solicitor. It may not be wise to pursue these claims with other companies before speaking to a solicitor. There are many companies claiming to be able to replace medical negligence solicitors through mediation. Please consult with a solicitor before attempting to settle a case on your own. These companies usually require major up front fees before services are rendered. Always consult with a solicitor before attempting consultations.

Cerebral palsy claims may also be due to maternal infections, but is often the result of a birth injury, due to lack of oxygen to the brain during birth. Most often, these injuries are due to medical negligence, and can be prevented by your healthcare provider if carefully handled during birth. Doctors usually ignore other risk factors that could result in cerebral palsy. All sufferers should contact a medical negligence solicitors before speaking with anyone. You shouldn't have to suffer for the negligence of reckless providers. It's your duty to know your rights as a law abiding citizen.

You may notice that your child is having a hard time sitting down, sitting up, or walking. Some children may have a hard time eating, which is very dangerous as they tend to choke more easily than the average child due to poor coordination. You deserve to be financially secure. Your child should not have to pay for your doctor's negligence. Most hospitals try to win solicitors over due to the fact that all staff work within the facility, making it very hard to prove where the error occurred. Your child deserves the right to be safe when placed in the hands of any professional. If any healthcare professional fails to provide you with the aid you need, they are guilty of medical negligence.