Medical Malpractice

Medical malpractice is a "tort action" that occurs as a result of a medical practitioner acting in a negligent manner while treating a patient for a medical condition. Unfortunately, even considering the all the advancement in medical diagnosis and treatment, more and more cases of medical malpractice and nursing home neglect are reported each year, possibly due to the pervasiveness of managed care companies, such as HMO's and PPO's, which are largely bottom-line driven. In fact, statistics on medical malpractice reveal that for every medical error reported, over 50 go unreported.

Malpractice may occur either as a result of the medical practitioner taking an inappropriate action or by the failure of the practitioner to take an appropriate action, while treating a patient for a medical condition.

Examples of medical malpractice include:

• Failure to diagnose a disease or medical condition
• Mis-diagnosis of a disease or medical condition
• Failure to provide appropriate medical treatment for a diagnosed medical condition
• Unreasonable delay in providing treatment for a diagnosed medical condition
• Performing a proper medical procedure without the patient's "informed consent"

Informed consent means that a doctor must disclose the possible risks of any treatment or procedure that may result in a harm to the patient, giving the patient the information needed to make an informed choice to either have or refuse the procedure. If the patient is not harmed by the physician's error, the patient cannot recover damages in a malpractice suit as the result of the error.

Medical malpractice actions have been significantly affected by "tort reform." Malpractice cases are very expensive to litigate, and the recovery of damages may be limited by statute. Even when there is a clear case of negligence, a medical malpractice suit may not be appropriate, as the cost of litigation may, in fact, exceed the amount of damages that would be awarded. Due to the highly specific nature of medical malpractice litigation, it is best to go to an attorney who specializes in medical malpractice law.

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Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.