Medical Negligence lawsuit?

Posted by 70sfamily | 9:55:00 PM

So my grandmother has cancer and the hospital she was receiving treatment gave her an infection by leaving a needle in her. How would i go about filing a law suit on the hospital and what type evidence should I have for a successful case?

Eye C U
i highly recommend asking this question in the law section instead of the infectious disease section.

you need to hire a lawyer, and get evidence, but if you didn't take pictures of it then it may be very difficult to prove.

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Orignal From: Medical Negligence lawsuit?

Personal Injury or Malpractice?

Posted by 70sfamily | 8:40:00 PM

I sent in a complaint against a doctor that took out the wrong side of my toenail which should have been the outside (lateral) that was to be removed permanently! Now the side that didn't need to be removed (the inside of my toenail) is gone and will never come back! So I went and got records and called and asked what does the word lateral mean and they told me it was the nail on the outside of your big toe! So I took pictures of my toe and printed them out to put with my records! He wrote down that he took the lateral part out but he didn't write that he took the part out he actually took out which would be the inner nail. I wrote this on the complaint

"I, Yvonna *** ******** received medical care on April 24, 2009 from Doctor Jon Miller. The medical care was to take out an ingrown toenail on my left toe on the outside of my first toe and burning the bed of it so it won't grow back anymore. Instead the doctor took out part of my nail on the inside of my first toe and burned it. I am reporting this because I went to Doctor Jon miller on April 17,2009 and he gave me an anti-biotic called Zithromax for the infection on my first toe on the outside of it. I believe that it was in record on which side of my toe that my nail needed removed. I know for sure that the inside of my first toe nail did not need to be removed. It was not causing me any problems. The infection was on the outside of my first toe and is still very sore. I have an appointment with Doctor Jon Miller May 1,2009. I will keep up to date on what he says! I have also taken pictures if anyone needs them. Thank you for your time!"

The point is he took out a nail that was fine! Nothing was wrong with it and it's NEVER going to grow back! What do you guys think about this?

I am not sure what category that would fall under so I am sorry I cant help with that.Either or both would be my opinion.I understand the anger you are experiencing because not only didnt he fix the original problem he created a whole other one.It isnt the size of the problem its the principle behind it.More people should stick up for whats right and that was definetly not right!!It may be your toenail but it could have been a bigger issue and he needs to be held accountable.

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Orignal From: Personal Injury or Malpractice?

This digital document is an article from Medical Law's Regan Report, published by Medica Press, Inc. on September 1, 2000. The length of the article is 864 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Digital Locker immediately after purchase. You can view it with any web browser.

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Title: Is the National Practitioner Data Bank Working?(Brief Article)
Author: A. David Tammelleo
Publication: Medical Law's Regan Report (Magazine/Journal)
Date: September 1, 2000
Publisher: Medica Press, Inc.
Volume: 33 Issue: 9 Page: 4

Article Type: Brief Article

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Is the National Practitioner Data Bank Working?(Brief Article): An article from: Medical Law's Regan Report


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The Working Class Student and Impoverished Philadelphia Citizen Family Victims of Fern Brown Caplan Official Corruption Fraud Civil Rights Child Abuse ... Docket Database Court Reform Case Study)

Orignal From: Is the National Practitioner Data Bank Working?(Brief Article): An article from: Medical Law's Regan Report

My wife fell in a movie theater and fractured her ankle. According to her, she didn't see the steps in front her when she got up from her seat frustrated and angry because people were texting with their cell phones while the movie was playing. Can this be a case of negligence since the theater did not provide staff members to control the crowd, or to correct the cell phone issue?

She might have a case for negligence for her fall if there were supposed to be lights on the steps and weren't (were they burned out?), but there's no cause of action based on the movie theater's failure to keep people from texting.

Your clutzy wife fell and you want someone to pay? Typical American entitlement. Put a cast on and suck it up. Just because someone gets hurt they are entitled to a payoff.

No its not neligence on the movie theater. Perhaps on your wife, though.

It can be but you have to prove that the theater did not give ample "warning" of the steps being there.

Lawyer X
She can file, but I doubt she'd win. Your wife's falling down the stairs is not a reasonably foreseeable consequence of the theater's failure to prevent people from texting on their cell phones.

Gen. Stiggo
I don't know California law, but it doesn't seem to be a case. After all, the texting did not force your wife to get up. She chose to. So the movie theater not having people to stop texting wouldn't be a proximate cause of the accident. It really isn't foreseeable that someone would trip and hurt themselves simply because patrons were not stopped from texting. And had she left for any other reason and tripped, the step would still have been there. It was the step, not the texting that caused her to fall. Finally, she should have known the steps were there, since she used them to get to her seat in the first place.

Disgusting how anybody can sue anybody for their own stupidity in this country.

She can sue the theater for an injury occurring on its property, but the whole cell phone thing is absurd.

How dare the theatre turn off its lights during a movie. Sorry for the sarcasm but common, most everyone knows to watch thier step in a dark room. Don't blame the theater for not having ann airport screener to see if you got a cell phone. People make mistakes and your wife made a mistake, simple.

Marc D
I don't think so. if the staff were goofing off and hurt your wife some how perhaps. Because of fires in theaters in the twentieth century fire codes have been improved with part of the codes stipulating that aisles must have lighted paths to exits and that enough light is emitted to see a path to the exit. was your wife wearing high heels? Nobody forced your wife to move she did it freely. I agree people texting in a movie is very rude. There has to be evidence the theatre was negligent. I don't see how they were.

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Orignal From: Tips: Can you file a lawsuit on a movie theater for negligence in California?

The only person that could bring a claim for wrongful death is the representative of the estate who brings the claim on the behalf of the next of kin of the deceased. The time limit for bringing a wrongful death claim is two years from the date of death. Contact Miraldi & Barrett Co, Personal Injury Attorneys at 800-589-3023 or at
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The time limit for filing a lawsuit for personal injuries due to medical malpractice is complicated. The date is one year from the date that the patient knew or should have known of their injury due to medical malpractice. Contact Miraldi & Barrett Co, Personal Injury Attorneys at 800-589-3023 or at
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A study of the size of jury awards in civil cases (such as injury, product liabilty, and medical malpractice) in Chicago showed that the median award was about $ 8000. But the mean award was about $ 69,000. Explain how this great difference between the two measures of center can occur.

There is an outlier that affects the mean but not the median.

For example:

5000, 7000, 8000, 10000, 90000

If that was the data, the median would be 8000 but the mean would be a much larger misleading number.

kurt b
most cases are lost

Joris M
It means that 1 very BIIIIG reward was given.
Let's say that there are 3 jurors:
juror A gets 8000
juror B gets 8000
juror C gets 191000
Then we get the situation you desribe.
Ofcourse, if there are more jurors, then the BIIIIG reward even gets bigger...

Punkass Bitch
say there were 5 amounts
median is 8k, mean is 69k
the median should be low and the amounts higher than the median must be a lot higher.

John T
The median is just the number in the middle of the set. Whereas he mean is the average of all the numbers added then divided by how many numbers there are. Therefore, there might be a lot of lower numbers, then a few really high numbers, so the median would be a lot lower than the average. e.g. (1,2,3,4,100)

There is different amounts of money per state. I think that there is some people receiving more due to the severity of the case. So the cash that someone can get is pretty high but it is more rare and the median reward is the average between the usual higher price and low price. I am not sure but this is just a guess. I hope you can figure it out though.

what is the mean: mathemathical average.
what median is the middle awards when ranked by size.
so 1, 5,10,20, 10,000 has a median of 10 but a mean over 2000.

Hopefully now you can find suitable figures for your question

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Orignal From: Help with statistics help. I don't understand?

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Citation Details
Title: GA: post anesthesia pt. sustains brain damage: no summary judgment for negligence per se.(Medical Law Cases of Note)
Author: A. David Tammelleo
Publication: Medical Law's Regan Report (Magazine/Journal)
Date: November 1, 2005
Publisher: Thomson Gale
Volume: 38 Issue: 11 Page: 3(1)

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GA: post anesthesia pt. sustains brain damage: no summary judgment for negligence per se.(Medical Law Cases of Note): An article from: Medical Law's Regan Report

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CIA mistakes routinely go unpunished

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CIA mistakes routinely go unpunished
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Review summaries of recent medical malpractice court cases in the Litigation Center of the AMA website.

How about you summarize the cases you are talking about instead. We have no idea what cases you are talking about and how they apply to medical offices.

Sounds like you want someone to do your homework.

Generally, if good medical practices are done, then malpractice isn't an issue. It's the doctors, hospitals, etc., trying to hide the bad doctors and cover up for them that produces problems.

The AMA works to preserve this system and try to keep people from getting a reasonable reimbursement for incompetent doctors trashing the rest of their lives.

Or otherwise keeping doctors from having to be responsible for their actions and that of their staffs.

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Orignal From: how might the court decision affect medical offices where it applies?

2 years, or 6 months from discovery. Maximum 6 years, except if fraud by defendant, or foreign object. In the case of a minor under eight years of age, the statute begins to run on the minor's 10th birthday or within the two-year statute of limitations, whichever time period is greater. Where a minor under 13 suffers an injury to the reproductive system, the statute begins to run on the minor's 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. Malpractice claims require 182 days prior written notice of claim during which time SOL is tolled. If plaintiff is 13 or under, claim must be filed on or before 15th birthday.

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you see a individual using a fake id with all my information rented some vehicles and did not return them this rental company did not take a photo copy of this persons id or credit card couple years later i get picked up on a arrest warrant for grand theft auto evidence has concluded in court i was not that person and charges were droped so can i file a lawsuit i was in jail for 44 days.

Truth B
Lawyers offer free consultation. Go talk to a few. With no other reason to hold you to hold you I would think you would have been released on your own recognizance. Ask who ever defended you why the 44 days in jail. If the court found reason to set bail and bail was not posted then you need to check recourse.

if you can prove that it wasn't you and you know who it was then you could sue that person. not the rental company due to the fact they "saw" your wannabes id and it said they were you they did there job just like the police did there and brought you in

there is no law stating a rental company has to take a photo copy of id or a credit card - many companies have a policy on it, but they aren't legally obligated. The rental company is not liable for your troubles, the person who stole your identity is...they had no idea it wasn't you at the time. If they find who stole your identity you can go after them for damages.

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Orignal From: can i file a lawsuit if arrested for negligence of a rental company?

The nurse that I am suing for negligence (medical malpractice) falsified my medical record. In the first copy that I received (they didn't know I had this copy because the receptionist made it for me and didn't mention it to the nurse or anyone else) the nurse did not record the medical procedure that she performed on me. I suppose she realized that it was look terrible in the event of a lawsuit if the procedure wasn't recorded, so she added to the record notes about the procedure.

However, the rest of the note son that page were written in cursive and in a darker pen. She added the new info. in print. Why would she use print?? Is she a moron? Wouldn't one obviously use the same handwriting to make it more legit? A friend of mine suggested that maybe she printed it so it would be more clear, and irrefutable that she recorded the procedure.

How bad will this ruin her defense? Also, can I have the nursing board revoke her license for falsifying? Isn't this way worse than the malpratice itself???
Mama outlaw, it is perfectly fine for them to add later entries. However, they ABSOLUTELY have to DATE the entries. By not dating it, she is trying to pass them off like she wrote it that day. She was tampering with the evidence of my case by altering the record, because her not recording the procedure is evidence of her incompetence.

candy g
If you have the original she is going to be in a world of hurt, makes your case look even better and from what I gather she can lose her license for this.

mama outlaw
I think you would have to prove that she was "falsifying" and not simply updating her notes after your copy was given you. If I were on a jury, I'd be inclined to think that printing instead of writing the addition was to make it clear that the notes were updated later. It would in no way ruin her defense in my eyes.

You seem to have a vendetta against this person, which is something completely separate from seeking justice.

This sounds like a pretty clear cut case. I would call an attorney immediately.

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Orignal From: Tips: How Does a Falsified Medical Record Affect a Malpractice Case?

My MD brother spends more on malpractice insurance than on his entire staff.

Colonel Jack Fessender (Ret.)
Yes. The hospital that I own spends more on malpractice insurance than anything else too. FACT.

It's not like tort reform only accounts for like a fraction of 1 percent of our medical costs or anything. It's not like report after report says that tort reform won't do anyone except the insurance companies any good either. FACT.

Trial Lawyers are one of the largest contributors to the Democrat Party and they will not allow tort reform.

Because the trial lawyers association contributes lots of money to Democrats.

Matthew D
The debate is on health *insurance* industry, not the health care industry.

Because the Democrat health reform bill is not about lowering costs. And many Dem contributors are lawyers who put their kids thru college by suing people.

Because the health care reform bill being proposed is not about fixing health care in this country. Simply put, it's a power grab.

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Orignal From: Why is tort reform (medical malpractice lawsuits) not a part of the health reform debate?

Filing a Medical Malpractice Suit

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The director of a health clinic is intimidating me on the phone for reporting a doctor for malpractice. He is threatening to refuse medical care at the clinic even though I have been a patient there for many years.

I have called many agencies and I have spoken to legal experts. They all say what he is doing seems to be very illegal.

That would be illegal and if a case is filed it would be intimidating a witness a very serious offense.{}

Yes, that is defintely illegal. He is just hoping that you aren't smart enough to figure it out and/or do anything about it. Good for you for standing up for yourself. If you haven't already, I would highly recommend that you speak with a medical malpractice attorney ASAP. They should definitely offer you a free consultation so that they can tell you if you have a case or not. Best of luck

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Orignal From: Is intimidating a patient for reporting malpractice a criminal act?

rather than asking doctors to go against their hippocrate's oath, causing more harm to their patients by giving a lower degree of care to them (under the "socialized" medical plan that is obama's VISION of the day...which of course, you too, should ENVISION to become great and protected forever from any type of criticism, as well as, very well cared for the rest of your life by PRIVATE doctors NOT in the commie health plan), why didn't obama come into my city today to announce to them, the doctors of the american medical association, that the government will form an alliance with the banks, that run the insurance companies, that charge them astronomical medical malpractice premiums so that they could give a better quality of care to we, their patients?

i.e., what with all the bailout money that's been doled out to the banks (who own the insurance companies for the most part), why can't more fiat dollars be printed up by the mint at the bequest of the people that live over at the federal reserve banks to pay medical malpractice insurance premiums FOR the doctors and hospitals? yeah, why not? i mean, doesn't that go along with what obama suggests?

did he not infer to the american medical association that the doctors be regulated and paid less money for being so, all to take in the 50,000 uninsured of this country?

i can see many other ways of solving this problem, can't you?

1. legalize and license prostitution and tax it to death: more money in their coffers to pay the doctors to give at least monthly exams to the prostitutes so that they are not passing around venereal disease?

2. legalize and subsidize the crops of even "cush" marijuana (because you only need one hit to get stoned--i don't smoke it because i am an old fart now, but i know people that do) all so that the dealers and the purchasers who smoke the stuff:

a. do not go to prison, claiming our tax dollars to give them 3 square per day and then become

b. even more violent and merciless "citizens" thanks to their close proximity with super criminals and gangs, and then,

c. to pay their fair share of the excessive taxes it will cost to provide health care to these 50,000 people living in the usa that don't have health insurance?

3. raise taxes on alcoholic beverages to the point that the tax cost "deters" drinking it, just like they say that higher taxes deter more people from starting to smoke cigarettes? after all, the politicians drink booze all the time--why not tax the stuff at a greater, higher cost? and we all know, don't we, that smoking kills? well, don't drunk drivers? and aren't some of them politicians and lawyers?

4. make it a part of the "stimulus" package that said 50,000 uninsured people must be HIRED by companies all over the united states (that way, keeping out many illegal aliens so that they get exhausted trying to keep a roof over their 20/household heads and decide to return to their own countries) and that bail outs shall be provided to these businesses to cover what they have to put out to give health insurance to ALL of their employees?

5. let it be a part of the "stimulus" package to stimulate entrepreneurs to open their own companies and hire employees WITH health benefits without getting overtaxed for making themselves and their employees able to attain the american dream with increases in wages/salaries/other benefits?

6. penalize all american companies that do not kick up a part of their almighty "bottom line" (in many cases attained by sending our work to the orient because the mexican workers of the malquiadores just south of our border were "too highly paid" according to the companies that sent american jobs down there before sending them to the orient so that china could get real rich on our debt to them) with higher (even if delayed with interest accruing, like your taxes to uncle sam accrue not only a penalty, but interest until paid in full) TAXES? especially, higher TAXES to the members of the company that control it--they, the ones that make the decisions to send the work overseas to people that have no insurance and who live gratefully on their $ 0.50 per hour?

7. make it law that one hour per week of each health care provider, including all hospital departments, is given by them, to uninsured patients, without being paid? (i had once been on my way to becoming a physician, and if i had gotten there, i would not mind giving health care free, one hour a week--averaged out over 12 months if necessary--so that the uninsured could be treated, and treated WELL).

is there no other possible answer to our problem with uninsured americans than to have the government take the health care business away from those that give the health care to the people, and then to centralize it and to control it, just like what is done in commie countries?

why should banking or health care be controlled by uncle sam?

if it is, the care that you get when you see your physician
Adam B: i touch type and i am a writer. the only reason i ask or answer here is to get someone like you to THINK. but carry on with your rudeness. karma will kick your butt in its own unique, Adam B, way.

Adam B
This rant is filled with so many meaningless lies that an "answer" is pointless. Who the heck do you think is going to read all of this nonsense?

Warren T

limiting malpractice claims is up to each state
and some states have already done so

look, we are only first world nation to have
screwed up healthcare
and only for profit insurance system
if you take the profit out you can afford to
treat everybody
you can call it what you want but it works

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Orignal From: Tips: why shouldn't obama-ites bail out the doctors who pay such high medical malpractice premiums rather than...?

the employee or the corporation?

is it better to work in a incorporated healthcare organization?

The corporation is liable to the patient and the employee is liable to the corporation if negligent.

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Orignal From: Tips: in a healthcare corporation, if an employee has a medical malpractice, who should be liable for this?

Leah Anthony Libresco: Planned Parenthood Slammed for Telling the Truth
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Orignal From: Leah Anthony Libresco: Planned Parenthood Slammed for Telling the Truth

This new text is a comprehensive guide to investigating and litigating clinical negligence claims, written by two leading practitioners in the field. Aimed particularly at practitioners who are looking to develop their practice in this complex and often emotive area, the book provides a general overview of the law relating to clinical negligence, and focuses on the practical aspects of running a claim.

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Clinical Negligence: A Practitioner's Handbook will be invaluable to junior solicitors and barristers working in the field, practitioners with a working knowledge of personal injury law who are beginning to develop a clinical negligence practice, medical professionals with an interest in medico-legal issues, and relevant legal and voluntary sector organisations.

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Clinical Negligence: A Practitioner's Handbook

Orignal From: Clinical Negligence: A Practitioner's Handbook

i had surgery to remove my right ovary and tube it was done laparoscope and out patient. i was only home about two hours when i passed out and my husband said it looked like i was having a seizure so he called 911 i went back to the hospital er where they told us i had gas pains and my chest pains were anxiety to stop shallow breathing and i wouldn't feel like that. they were going to send me home like this. very very long story short i layed from 9:00p.m. til 1:30 or 2:00 a.m. before they pulled my blood and said they called my dr. in and they are getting the or ready for me to go to surgery and i need a couple blood transfushions, i have a few other things going on from all this . i still as of oct 6th cannot lay down to sleep i have very bad shoulder pain , a dr said maybe they pulled my shoulder out of place when moving me ? my dr said he thinks the reason i cannot lay down is that i still have blood clot in by my liver and spleen and thats the pain and pressure i feel in my arm when i lay down. the damage from the blood inside takes up almost all of my body from my ribs past my knees i have 16 days of pics to show what it's done to me and the pain is so bad all i can do is cry even with pain meds. they treated me like i was garbage taking up space til they seen i was bleeding. so i would like to know if this sounds like medical malpractice ? they pulled over 1,300 cc of blood out of me and there is still alot they couldn't get my dr. said my body will have to do it. my blood count is still low and i'm just plan sick.

Demitri Reynolds
Medical malpractice is defined as is professional negligence by "act or omission" by a health care provider. Therefore, if they failed to find out what was wrong with you in a timely manner and that caused additional harm, the doctor or hospital could be accused of an act of negligent omission. But you would have to prove that the delay in treating you caused harm.
If the complications you are now experiencing occurred because of an accident made by the doctor during the surgery, you have a different medical malpractice case on your hands. It may help to go to another doctor and have him look at you in order to find out if something was done wrong during surgery.
Here's an article on post-operative complications that may help:

Good luck!

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Orignal From: Tips: does this sound like medical malpractice ?

My grandmother was in the hospital and in her chart it says she is allergic to motrin, toradol, and medicines similar.

The doctors gave her toradol yesterday, saying that they didn't get a chart to read (which isn't true in the past her medical history has always shown she was allergic) The doctor claimed they have no information about that despite the fact she always goes to this hospital.

Before this incident they gave her motrin by accident because they didn't read her chart correctly yet again and the time before that they almost gave her a blood transfusion because they made a mistake again.

She's also been to the icu because of screw ups.

It sounds like you do but you'll need copies of the documents. An attorney can subpoena them for you.

You cannot sue for malpractice. You may sue for damages as a result of malpractice. If your grandma's health is good today you have a significantly weaker case.

Of course, ask for all her medical records and contact an attorney.

Michael H
YOU can't sue unless you are her legal guardian.

Your Grandmother may have a case if her health was affected.

Sounds to me like you need to find a different hospital, through all my time in the medical field, prior to giving any medication, the first question I asked or looked for the answer for, was allergies.

Know better? Leave your own answer in the comments!

Orignal From: Tips: Do I have grounds for a malpractice lawsuit?

Health Highlights: Feb. 10, 2011

Posted by 70sfamily | 10:47:00 PM

Health Highlights: Feb. 10, 2011
Title: Health Highlights: Feb. 10, 2011 Category: Health News Created: 2/10/2011 4:05:00 PM Last Editorial Review: 2/11/2011

Health Highlights: Feb. 10, 2011
Here are some of the latest health and medical news developments, compiled by the editors of HealthDay:
Read more on HealthDay via Yahoo! News

Orignal From: Health Highlights: Feb. 10, 2011

Cool Lawyers And Attorneys images

Posted by 70sfamily | 10:28:00 PM

A few nice lawyers and attorneys images I found:

Dr. W.L. Shurtleff, Thaw - Attorney (LOC)
lawyers and attorneys

Image by The Library of Congress

Patent Attorney License
lawyers and attorneys

Image by Jay Tamboli

Orignal From: Cool Lawyers And Attorneys images

Medical Neglect

Posted by 70sfamily | 10:28:00 PM

A totally disabled muscular dystrophy patient goes into an acute care facility after having pneumonia and comes out with a life threatning condition caused by neglect.
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Mike Trivisonno from WTAM1100 (Cleveland AM radio station) talks with Art Elk and answers questions from callers, including discussions on whether callers can make certain claims, what Elk & Elk's image and reputation is, and how to distinguish quality law firms as opposed to "ambulance chasers." To learn more about Elk & Elk please visit Meet our Attorneys Dave J. Elk. Arthur Elk. JM Kelley III Stephen S. Crandall Martin S. Delahunty III R. Craig McLaughlin Matthew J. Carty Robert Gross Gary Cowan Tom R. Kelly Todd O. Rosenberg Amy L. Papesh William J. Price Michael Eisner Phil Kuri Elk & Elk "Serious Lawyers for Serious Injuries" Ph. 1 800 ELK OHIO Website: http Areas of Practice: Automobile Accidents, Motorcycle Accidents, Semi/Truck Accidents, Aviation Accidents, Railroad Accidents, Product Defects, Medical Device Recalls, Drug Recalls, Workers' Compensation, Mesothelioma, Cerebral Palsy, Surgical Errors, Birth Injuries, Medication Errors, Emergency Room Errors, Anesthesia Malpractice, Late Cancer Diagnosis, Erb's Palsy, Wrongful Death, Nursing Home Neglect and abuse
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Orignal From: Medical Neglect

New Targeted Websites for the Doan Law Firm, P.C. Help Injured Victims Find Representation and Obtain Just ...
When insurance companies refuse to offer a just settlement after an accident, injured victims will need the assistance of a skilled Houston personal injury attorney to defend their rights. The new website for the Doan Law Firm, P.C. assists individuals in finding the right legal professional for their case. (PRWeb February 11, 2011) Read the full story at ...
Read more on PRWeb

Oklahoma City Personal Injury Attorneys Find Clients in Need with New Website
The recently launched website of the Law Offices of Stipe & Belote offers a host of informative and educational pages, designed to help injured victims find the legal assistance they need.
Read more on PRWeb via Yahoo! News

Joanne Doroshow: A Medical Liability Reform That Will Actually Work
H.R. 5 imposes cruel measures on the backs of the innocent and injured. How could so many doctors be sued, when almost no one sues and those who do are not suing frivolously?
Read more on The Huffington Post

Oklahoma City Personal Injury Attorneys Find Clients in Need with New Website
The recently launched website of the Law Offices of Stipe & Belote offers a host of informative and educational pages, designed to help injured victims find the legal assistance they need. (PRWeb February 11, 2011) Read the full story at
Read more on PRWeb

Orignal From: New Targeted Websites for the Doan Law Firm, P.C. Help Injured Victims Find Representation and Obtain Just ...

accidental killing is called manslaughter, but the closest i could find was something like negligent manslaughter, like daydreaming at the wheel and hitting a pedestrian. but what about pure innocence? like you're driving along at the speed limit, not close to the sidewalk or anything, there's parked cars to the side, and a child runs across the street right in front of your car right as your passing it, no chance to swerve, no chance to react, just boom dead.

i'm wondering because i was watching Bones, and in one of the episodes a mortician receives a body, declared dead by two medical professionals, sticks something into the body, the body jerk in reaction and the mortician stabs the victim to death. he said he watched too many zombie movies. is there any negligence there? should that even be called manslaughter?

its the same thing. Manslaughter. Thats pretty much what an innocent murder is.

its called an accidental death. No more. No less.

this is still your fault according to driving laws, even if you couldn't do anythig about it, it's your responsibility to pay attention.
you may get a suspended sentence, but it's still manslaughter.
as for the episode youmetnioned, he may not have gottne manslaughter, maybe even accidental homicide, but he would still loose his job as he did kill a person.

For a murder, there must be malice.

For manslaughter, there must be negligence.

For a fatality where neither malice nor negligence was involved, it's simply a fatal accident.

Killing w/o intention is called Negligence leading to Homicide.

Lots of misconceptions out there. An "accident" is of two types: negligent or Act of God. If it is completely unforseeable, then there is no negligence, such as your car being hit by a meteor. If you COULD have avoided a collision by proper attention and control, then that is, by definition, negligence (for failure to adhere to the duty to use reasonable care in all circumstances).

If you were a medical doctor who didn't think to check that a body was already dead before plunging a scalpel into it, and to ignore that duty fails the relevant standards of conduct in that profession, then that would be, in my opinion, negligent. Thereby causing a death would thus be negligent homicide also known as manslaughter.

Give your answer to this question below!

Orignal From: Tips: What is it called when you kill someone with no fault on your part, and what is, if any, the punishment?

My ethics teacher said this is an issue that gets ignored and hidden from patients families. Doctors and nurses continuously shred or not chart correctly when mistakes are made to look out for other healthcare providers. I have to write a paper about what society should do about this issue. My teacher said it's not so much about someone getting fired but something needs to be done and how would you deal with it if it was you or a friend in the healthcare industry who made the preventable istake that killed another human.

Shoot the doctor and anyone who covered for him/her?

All precautionary measures should be taken. All such medicines bottled/pockets should have a label display about the precautionary methods to be taken in BOLD letters. It should be kept out of bounds from children.

dreaming of a transhuman future
Society's response should be measured, rational, and in proportion to other known risks and sources of harm.

It should be noted that we already live in an extremely litigious society, and this "sue first, ask questions later" atmosphere has its own set of detrimental and unintended consequences. So I don't think simply tightening the noose will help.

The simple truth is that while medicine is based on science, its practitioners are still only human. There are things we can do to reduce mistakes and negligence (electronic records of prescriptions to prevent bad drug interactions is a good example), but this is not a problem we can ever completely eliminate.

Because many medical mistakes are preventable, many State licensing Boards now require doctors and other professionals to take error prevention courses. If a doctor does not take them he cannot renew his license. In addition, many maplractice insurance companies either require or give premium reductions for doctors who get error reduction training. In addition, hospitals and clinics have risk managers who make sure that programs are in place to prevent errors. Licensing Boards can also discipline doctors who caused preventable errors. When all these measures fail, ambulance chasing lawyers can punish doctors who make mistakes big time, either thru big cash damages or losing their license. Finally, doctors who cover up mistakes like shred or not chart correctly can be prosecuted for violating state and federal laws, and punished with fines or imprisonment. So a lot is being done these days, compared to the past.

Give your answer to this question below!

Orignal From: What should society do about preventable medical mistakes causeing death?

Slip and Fall Injury?

Posted by 70sfamily | 4:58:00 PM

I recently slipped and fell in a building that I work in, the floor was very oily. The building management has offered to pay my medical bills and lost wages, but is it possible to ask for pain and suffering compensation without getting a lawyer involved. My injuries were basic falling with swelling of the Knee and muscle stiffness, nothing major just uncomfortable and painful.

god punished you i guess! still im saorry to hear that it must suck!

I really don't think you'd get much for pain and suffering. Both of my kids were involved in car accidents which were not their fault. We had a lawyer as they were big settlements. How pain & suffering is figured out is the lawyer looks at all similar cases, and uses that for a base line to start. So in your case, where do you start? Most cases I've heard of have involved broken bones. I guess you could ask for x amount of dollars. Getting a lawyer would not be worth it. I honestly doubt a lawyer would even take your case
Good luck

get an xray done

Add your own answer in the comments!

Orignal From: Slip and Fall Injury?

Settlement for patient who lost leg

Posted by 70sfamily | 3:14:00 PM

Settlement for patient who lost leg
A cardiothoracic surgeon and Netcare Milpark Hospital have agreed to settle a damages claim instituted by a Zambian businessman who went to hospital for a cardiac bypass operation but, because of complications, had his left leg amputated above the knee.
Read more on Pretoria News

Suit filed over death at hospital construction site
A construction company is named in a lawsuit in which a family is seeking $ 600,000 in damages for the Nov. 16 death of a man who was killed by being pinned under lead-lined drywall during construction at a Libertyville hospital.
Read more on Chicago Tribune

The jury's still out on malpractice panels
Reducing frivolous malpractice lawsuits has long been seen as a way to reduce medical malpractice insurance rates, but separate reports released by a legislative oversight committee present inconclusive, and often contradictory, evidence about the effectiveness of screening panels established to curtail the frequency of such suits.
Read more on New Hampshire Business Review

Orignal From: Settlement for patient who lost leg

Serious, I used to think that insurance companies are the caused of driving up the health care cost because I keep seeing higher premiums in my coverage. But now I have learned that the freaking doctors/dentists/optometrists are the ones squeezing our necks for money without we even knowing. Here are examples: I got my 2 wisdom teeth taken out 1.5 years ago, and the dentist charged my insurance $ 2800 ($ 1900 each) and I paid $ 50 deductible. Two months ago, my gf had 2 wisdom teeth taken out too, but she doesn't have dental coverage, she paid by check, and the dentist charges her $ 800 each, total of $ 1600. I was like... wth... and the dentist told us that because we dont have insurance, they'll charge us less....This all makes sense now, since if they charges us $ 1900 each tooth, how the hell can we pay it out from pocket, only the insurance companycan. So basically, the doctorswill be very happy to see if you have insurance coverage. How do I report to insurance company on this?
i made a typo, it should be $ 3,800, not $ 2,800.
"Don't be too quick to complain...

Your girlfriend probably got a 'courtesy discount' because she doesn't have insurance... we do that, too."

Exactly! If you can just charge the same amount to insurance company, the cost wouldn't be so high. Usually insurance benefits state that they will pay after deductible, or about 80% coinssurance (you pay 20%). So doing the math, the main factor driven up the cost is the doctors/dentists charging too much. They already gained profit from charging lower amount in cash, yet, making it triple in charging the insurance.

Free Thnkr
there should be a website using google search for reporting medical malpractice or goto webmd and see if there is an option for this

Malpractice is defined as treatment which actually harms the patient. It has absolutely nothing to do with billing practices.
As for billing the insurance company goes, the insurance will pay the practitioner the going rate in the area, which must be "reasonable and necessary".
Just because the dentist billed the insurance company that amount, that does not mean he will get it. Insurance companies pay between 60% and 80% of the billed amount.
It is strictly up to the practitioner to charge whatever the market will bear, which of course also means they can negotiate prices for cash-paying patients.

Don't be too quick to complain...

Your girlfriend probably got a 'courtesy discount' because she doesn't have insurance... we do that, too.

Know better? Leave your own answer in the comments!

Orignal From: Tips: how do i report malpractice in medical offices (dental, vision, family medical)?

Do you think parents who neglect medical treatment for their children in favour of prayer should be sent to prison if their child dies?
Is it dangerous to tell gullible people to pray when, according to the American Heart Journal, it has no positive medical effects?

gary 7 infiltrator, Atheati.
Yes, absolutely. They should go to prison if their child suffers in any way, not just if their child dies.

Yes, they should go to prison.

Freedom of religion is always used as an untouchable trump card. Well, it's time religious freedom took a backseat to the lives of children.

No. Parents have a right to practice their religion. I have experienced and seen many miracles of healing.
DURHAM, N.C. - Cardiac patients who received intercessory prayer in addition to coronary stenting appeared to have better clinical outcomes than those treated with standard stenting therapy alone, according to researchers at Duke University Medical Center.

Their results further suggest that using rigorous scientific methods to study the therapeutic value of prayer and other noetic interventions appears feasible and warrants larger-scale, more definitive investigations. Noetic interventions are defined as "a healing influence performed without the use of a drug, device or surgical procedure," said the researchers.

Results of the phase I feasibility-pilot, known as the MANTRA (Monitoring and Actualization of Noetic TRAinings) Project, appear in the Nov. 1 issue of the American Heart Journal.

"We now know that clinically meaningful, high-quality research can be done in this area," said Duke cardiologist Dr. Mitch Krucoff, who co-directs the study with Suzanne Crater, a Duke nurse practitioner. "The data are suggestive that there may be a measurable therapeutic benefit related to noetic therapies in patients undergoing angioplasty."

Patients who received noetic therapies showed a 25 to 30 percent reduction in adverse outcomes (such as death, heart failure, post-procedural ischemia, repeat angioplasty or heart attack) than those without such therapies, according to the researchers. While increasingly popular outside of mainstream medicine, noetic therapies have not been widely studied with rigorous, scientific research methods. This study represents one of the first such efforts.

Yup. Freedom of religion aside, there's an easily detectable dividing line between obligations on this plane and the next.

Buddy Christ loves you
Definitely, idiots! They may have the right to practise their religion but their child may have also grown up to be an atheist who would be pissed at the thought of their parents praying when they could have actually been helping. Guess we will never know though......

When they send abortionists to jail as well. Isnt killing a child killing a child?

So many here are pro choice. Guess what, this is choice. Live with it.

Parents who pray and their kids die of something common, yes they should go to court and be judged. If the child has a terminal illness and there are experimental drugs or drugs/treatments that only give them a little while longer, then, no, they should not go to jail. Each circumstance is different and must be dealt with accordingly.
I know a man who was born a "blue" baby and his parents gave him up for dead knowing, back then, there were no treatments. Someone prayed for him and he is now 76 years old. (If I heard him correctly, he was born with a whole in his heart and it is not there.)

Sending them to prison after their child has died isn't going to achieve anything positive.

It is irresponsible to suggest that prayer can cure but some people find comfort in it.

It's small beans
YES! Recently two young girls were denied medical treatment by their parents. Both of these girls died. They both had type 1 diabetes. If my parents were religious freaks like those parents I wouldn't be here. I've been a diabetic since 1 yr old.
It is truly disgusting! Let them rot in jail for the rest of their miserable lives!

Chaos the Pirate
It's all well and good to have great faith, but a child's health is not something to take chances on. They should be seen as neglectful in the eyes of the law.

Add your own answer in the comments!

Orignal From: Do you think parents who neglect medical treatment in favour of prayer?

I'm suing "person A" because she lost control of her dog on leash then got loose and trespassed on private property and mauled my dog who was tied to a tree while I was in the working nearby. During recovery my dog died. I looking for compensation for all medical bills etc. Court is taking place in Canada and looking to get around or prove the following: Doctrine of Scienter; plaintiff (me!) has to establish i) that the defendant was the owner of the dog; ii) that the dog had manifested a propensity to cause the type of harm occasioned; and iii) that the owner KNEW of that propensity. For Negligence, I have to establish that the owner of their dog foresaw the risk that their dog would do such harm. While I certainly believe that the dog owner should be liable and have to control their dog, I'm having a hard time proving the above. Canadian precedents would be helpful. I really don't want to lose this case!

Craig S
I really dont think that you will win this one, that happened to my cousin before and since the owner had him on a leash before, nothing was done. =)

have you tried to find out if there was a history of the dog attacking other dogs, or getting out of their yard? I don't think you will win your case. I think you should let your doggie rest in peace. A dog should not be chained to a tree, or to anything, so it can defend itself.

Scott M
I'm sorry I don't have any legal advise for you, and I'm sorry for you loss, but I just wanted to say that this person should be morally responsible for what happened, and it says alot about there character. I'd make it clear to them that the dog better not come back onto your property regardless of what happens.

you should have took care of your dog.

betotron don
paralegal in usa (

brr cold
you may not be able to prove all but if you can prove most of it good luck try to take it to Judge Judy at

System D Rail
I went through a similiar situation. I was walking my greyhound on a leash, and some idiots had a dog-fighting trained pit bull loose. Throughout the attack I was beating on the dog like crazy and he never even looked at me. The dog mauled my dog, went straight for his neck, but luckily his grip slipped and he latched onto my dogs front leg. Thankfully my baby made it through all the surgeries and skin grafts to patch him up, however he has permanate damage to that leg, and cannot extend or walk on it properly. My vet bills were about 7,000 USD. I was able to get two cases going. I sued the home-owner because the dog, and the tenant owning the dog were not allowed in the lease. I got a ruling in my favor against the home owner via a lean placed on their home. He cannot sell it or take out any kind of home-owners loan until I get money from him. This also incurs interest every year that it is not paid. My lawyer and judge told us of a precedent where I could also sue for my attorney fees. It had something to do with intent to harm. I wish I remembered the details. I also have a pending case against the dog owners. The night of the attack, the owners gave me enough cash basically to just walk in the door of my emergency vet clinic. In the eyes or the law, doing this was them admitting guilt. Police reports on the attack were made and it turned out that the dog was not registered or vaccinated. Unfortunately the dead-beat owners skipped town so that case is just kind of there for now. Good luck with your is a shame that things like this happen. Do you have a leash law in Canada?

La Comtesse
Might be a good idea to place this question in the legal section. The Michigan 'Koester versus VCA Animal Hospital' case springs to mind, but I'm not entirely sure if I'm mistaken about the cases' relevence. You might also like to consider cases whereby a murder conviction was sought/obtained for an owner whose dog fatally injured a human: Whipple, Tomlin, Stiles etc. You could argue their connection and legal relevence to your own case.

This might also be useful:

The above poster describes a situation whereby it could be proven that the dog had a propensity to be dangerous; it was a fighting dog. In your case, it's going to be less clear-cut, and you may have to question a number of people to discover if the dog had any history of aggression.

Very simple to establish i) as the defendant would have to have come over to you when the whole ordeal occured. Did you guys swap numbers and or contact details? If by doing so, that person agreed that they were responsible for the animal at that time and gave you their contact details in response for the issue that occured. The reason we have leash laws is because of the fact that any animal (wether it be a normal occurance or a spontanious one) has the ability to become vicious at any time therefore it is our responsibility as their owners to have them on a lead at all times to prevent the animal from having the ability to attack, wether it be attacking a dog or a child. If it had've been a different scenario lets say, with a child dying and not a dog, there would be no fighting in the case. The owners would be fined and the dog put to sleep (not that im saying i agree with it as i am against putting down animals except in sickness cases). I think you should have lots of photos of the area the attack occured and the photos of your dog with the wounds caused by the accused dog. I think you should stress the point that you had done the right thing by keeping you dog tied up securely while you worked and that your pet died because another owner could not control her dog and therefore did NOT obey the law.

Add your own answer in the comments!

Orignal From: Dog biting another dog... Going to court and need help!?

My daughter has just suffered a debilitating stroke while being given an IV at the hospital. They failed to treat her stroke at the hospital for two days probably meaning that the damage is now not reversible. She has a two year old infant daughter to take care but she is paralyzed on the left side of her body.

Does any one know who is the best medical malpractice lawyer in the Birmingham, Alabama area?

Thank you

1.Guster, Eric - Guster Law Firm
(205) 581-9777 - 505 20th St N, Ste 1615, Birmingham, AL
Get DirectionsOfficial site
2.The Walker Law Firm
(205) 252-2770 - 2 20th St N, Ste 1320, Birmingham, AL
Get DirectionsOfficial site
3.Kelvin W Howard - Attorney at Law
(205) 328-7915 - 722 29th St S, Birmingham, AL
Get DirectionsOfficial site
More Results....Search resultsMedical Malpractice Lawyer, Attorney in Birmingham, AL @ FindLaw
Birmingham, AL Medical Malpractice Lawyers and Attorneys - This free lawyer search can help you find Medical Malpractice lawyers/attorneys in Birmingham, AL (Alabama)
Medical Malpractice Lawyer in Birmingham, AL |
Medical Malpractice Lawyer in Birmingham, AL (Alabama) at - Search for Birmingham businesses, products and services at the web's leading Local Search, AL
Medical Malpractice Attorney – Lawyer Serving Montgomery / Birmingham ...
A lawyer serving Montgomery, Birmingham, and all of Alabama from Lanny Vines ... Contact Our Medical Malpractice Lawyer in Alabama ... - Cached

You could submit your case to and your case will be reviewed. After it is reviewed one of the best lawyers in your area will take your case at no cost to you. Good luck.

Add your own answer in the comments!

Orignal From: Who is the best medical malpractice lawyer in Birmingham, Alabama?

I am looking for any info on a GOOD medical malpractice attorney that is in Western Washington State. If you live here and have dealt with one,please let me know the contact info. Thanks for answering my question and have a great day or night!

Hey Joe... I don't know a specific medical malpractice attorney here in western WA, but this website helped me choose a very good attorney (outside of med. malpractice): I emailed 10 and 8 got right back to me. I interviewed them first via phone; checked with the state bar association and chose one; worked out excellent.

Good luck!

What do you think? Answer below!

Orignal From: Medical Malpractice Attorney in WASHINGTON STATE?

All I seem to be finding are things about where/how/if i need to hire the attorney. I'm looking for more of a job description.

Barry C
how about googling "what does a medical malpractice attorney do?"

search engines are so simple if you just ask them what you want to know:)

Look for the Book "Medical Malpractice" by David M. Harney.

Medical Malpractice Attorneys typically prosecute Medical Negligence cases on a contingency basis for the plaintiff.

What do you think? Answer below!

Orignal From: I can't find any good sights on the job description on a medical malpractice attorneys?

wild-man of Borneo
What ramification?
What negligence?
Look in the real world.
Decode this lyrics " You'll see "
"Just another day"
Living examples in front of TV news reels and in prints on people, place and events.
What do we expect the I-Robot that had been program with science and mathematics with hear-say from the Book of the Dead to do?
When the dead Mummy who were the living dead with empty skeleton of skull and bones with two empty eye sockets could not even see what went wrong with living human kind in time.
Can the I-Robot with hear-say from the Book of the Dead trace the faults of what went wrong with the living?
Will the I-Robot just scan with "GIGO" from the Book of the Dead with science and mathematics that read with "WYSWYG" then pass quality control with OK label in tracing the fault on another I-Robot in time?
Any defective parts just unscrew the chassis and take out the faulty parts even in throwing out the whole mother board too?
If no spare parts available or obsolete model just throw it all out at the junk yard?
What if it's living human kind with the Book of the Living with science and mathematics in tracing the faults?
Will trace the fault with "Oh ! I see " there is a faulty diode or transistor.
Just change the diode or transistor.
No need to replace the mother board.
The CD-ROM still OK.
The Hardware is OK
The Software is OK
Wiring's OK
Power point OK.
Only 1 piece of transistor that need to be replace?
How about it?
Cost only 10 dollars?
Will that be fine?
Luke 21.30-36
Luke 6.39-40,41-45,46-49
Luke 9.,25,55-56,60
Luke 8.5-8,10-17
Luke 4.4
Revelation 22.13-17
Genesis 11.1,3-9
Revelation 16.14
Luke 9.27
Exodus 20.5
Exodus 20.1-7
Luke 24.44-45,47-48
Luke 11.33-36,46-52
Leviticus 4.13,22
Luke 5.36-39
Exodus 20.12
Exodus 20.1-18
Matt 22.17-21,32
Exodus 23.24,32
What do you think?

What do you think? Answer below!

Orignal From: What are some ramifications of medical negligence actions on society? It is important to act quickly if you suspect that you or a loved one has been injured or killed as a result of medical malpractice. Most claims must be filed within certain deadlines. If you wait too long and miss the statute of limitations you may not be able to ever bring a claim on a negligent healthcare provider. Contact the Rasansky Law Firm at 877-331-4156 or

Orignal From: Medical Malpractice Claim | Personal Injury Lawyer | Rasansky Law Firm

LegalFaces Directory www.legalfaces.comSteven E. North, Medical Malpractice Attorney Steven E. North has devoted the past twenty-five years of his career to litigating major medical and other professional malpractice, products liability and severe personal injury cases. He has successfully tried hundreds of such cases with many multimillion-dollar verdicts and settlements to his credit. Toll Free (800) 861-5001
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LegalFaces Directory www.legalfaces.comRosenberg, Minc, Falkoff & Wolff, LLP We are a top-rated New York Medical Malpractice Law FirmSince 1922 our law firm has been recognized as a leader in the field of medical malpractice. We have recovered millions of dollars for victims of medical negligence. Our team of experienced lawyers, doctors, and Investigators will provide you with an immediate free case review. Call us at 1-800-660-2264
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Orignal From: New York Attorney: Why Are Birth Injury Awards So Large?

Medical Malpractice

Posted by 70sfamily | 7:48:00 AM

  • ISBN13: 9780262515160
  • Condition: New
  • Notes: BRAND NEW FROM PUBLISHER! BUY WITH CONFIDENCE, Over one million books sold! 98% Positive feedback. Compare our books, prices and service to the competition. 100% Satisfaction Guaranteed

Honorable Mention, Economics category, 2008 PROSE Awards presented by the Professional/Scholarly Publishing Division of the Association of American Publishers.

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not.

Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.

List Price: $ 21.00

Price: $ 12.84

Medical Malpractice

Orignal From: Medical Malpractice

I was admitted and signed for Pain Management and ER Protocols. The ER staff immediately put me on Morphine (high Dose) and never discussed surgery while I was coherent and capable of making an informed Medical decision. As a matter of fact I don't remember anything for a 17 day time span and there is no signed surgical consent on record. I am single and have no one else that would be allowed to make medical decisions for me. The injury itself is rare in nature and requires procedures and equipment that are not available to my local Hospital in rural West TN. From information obtained on the internet I suffered a level II trauma with brain involvement that was not revealed as the Drs. never looked for any other damage. The Neurologic injury has just been confirmed. Since the surgery was performed without my consent written or verbal does that constitute Malpractice? And who would be liable the Hospital or Private Practice Physician? I requested to be transferred to a trauma unit

Did you suffer additional injuries due to what the doctors' did?
If so (and it can be proven), then you may have a case.

If you did not, your case is much weaker.

Be aware,that a successful malpractice case will require more documentation than what you found on the Net.

If you're still inclined to sue, talk to an attorney.

Sounds like a tricky situation. A lawyer can better sort this type of thing out. There is a thing call "implied consent" used in an emergency situation when there is no one to decide what is best for you. Here is a definition of implied consent:
In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures, suggested, recommended, prescribed or directed by a duly licensed physician, will be implied where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent. For the purposes hereof, an emergency is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.

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Orignal From: If surgical consent is not obtained for a non-life threatening injury & performed anyway is that Malpractice?

If you find a list of the yearly cost of malpractice of every state in the U.S., please copy it onto your answer. If not, please tell me the cost of it yearly in these states:
West Virginia
Rhode Island


Barry auh2o
It varies by specialty. A familiy practicioner who does no surgery will pay much less than a neurosurgeon.

In each of those states, for a vetrinarian, it's about $ 250 a year.

For all the others, it will depend on: which hospitals they have admitting priveleges to, the retroactive date on the policy, the limit of coverage, the type of medicine practiced, the type of procedures they do, the number of hours worked, the proximity to major city hospitals, How long they've practiced medicine, the prior claims history, and I'm probably forgetting a few other things. It can be anywhere from $ 500 for new dentists, to six figures for obstetricians and cardiac surgeons.

You may try to google it,here has some direct resource that might be helpful.

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Orignal From: Q&A: What is the cost of Medical Malpractice Insurance per year?

What are the benefits of Gingivectomy?

Posted by 70sfamily | 3:22:00 AM

I had extensive gingivitis due to negligence of dental hygiene. I had plaque removed by the dentist. After a few weeks the periodontist remove some of the gingiva with the use of a cauterizer and put some white substance as a bandage. What do you call this white substance? What is the procedure in doing gingivectomy? What are the advantages and disadvantages of this? What will the periodontist do after a week?

the primary benefit is the periodontist can now afford a second home, maybe a cottage at the lake.

The primary benefit of the gingivectomy is that you'll now be able to adequately clean your teeth. If it was not done, you would have deep pocketing so that you could not clean your teeth, and the likely result would be that your gingivitis would continue. A secondary benefit is that the appearance will be improved.

The rubbery stuff covering the gums is called a periodontal packing or dressing. It keeps you more comfortable while you're healing, and it helps keep the gums from growing back to where they were. Likely, when the dressing comes off after one week, you'll be mostly healed. Things may still be somewhat tender.

The procedure of gingivectomy is basically to remove the excess gum tissue. It sounds as if you have had good care from your dentist and periodontist. I think you'll be happy with the results. Take care.

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I was referred to an Ophthalmologist from my GP with a serious eye condition that I was told by several Optometrists needed immediate attention with almost daily checking. When I went to the doctor, he said it was indeed serious but didn't explain anything, prescribed a strong medication that can cause long-term damage if taken too long and then left his technicians, who knew nothing of my problem, to check up on me only after 2 weeks after my original appt (he was on vacation apparently). They then didn't contact me for another 2 weeks to tell me to stop taking the medication. This medication should never be taken that long (as I am told by my optometrist and another MD) and one needs to slowly wean oneself from it, which I was not told to do. Although I took myself off the medication beforehand, I want the world to know how bad this doctor treated me without litigating. What should I do that will make them take notice? Websites, complaints, etc.??? Thanks.

stop with that doc

Get a new one and report the bad doctor to the proper authorities.

Johnny B
They will have a governing practice body usually in a major city which you should contact.

Call up your local newspaper, or any newspaper. I'm sure they would LOVE to hear the story, considering what that doctor did was illegal. I myself work for an opthamologist, and he would never allow his techs to see patients on his behalf or do anything else that doctor did.

Tell your story to an attorney

report his actions to the state medical board.

Get your self to another ophthalmologist. That's what you should have done during the first 2 weeks with no contact.

Then, why don't you contact a lawyer to see if you have a malpractice case?

In future you need to ask questions. When he said it wasn't serious and didn;t explain it was then you should have asked him whatever you weren't clear on. Patients must take some responsibility for their own care, doctors are busy and forgetful sometimes and it is up to the patients to take an active part in their own care. If that's the worst experience you ever have with a doctor, count yourself VERY lucky.
FYI: This would not warrant litigation at all. The doctor did not treat you badly he was simply neglectful re: his info. You're rather over dramatizing.

Tell the state licenseing board and call yourself an ambulance chase. I doubt you will get much in the way of compensation as you went against orders and took yourself off the medication which hopefully prevented you from being damaged. It is the principle of the thing.

You can do all of the above, but why don't you want to litigate? You may not have to go to court, you can settle out of court beforehand. But you DO need to see an attorney!

This man needs to be stopped from doing it again, seeing an attorney will force him to file a claim with his malpractice insurance which is costly to begin with. It will make him either have to pay WAY more in costs to keep insurance or if he is not able to, fold altogether. Either way you hit him and you hit him hard and if a person like this is practicing, this is what he needs. Otherwise others will suffer the same fate as you and you DO have the power to prevent this.

Do NOT wait or worry about costs, most attorneys will accept cases and not charge until/if a settlement can be reached and that is what you need to focus on.

As stated, it doesn't have to go to litigation/court, it can be settled well before that time, but it will make him stand up and take notice and it may make him think twice, loose his insurance or pay exorbitant prices which can possibly ruin him financially/or force him to not be able to practice. But Do take action!

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Orignal From: What is the best way to handle a poor experience with a medical doctor that borders on malpractice?