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.