Personal Injury Lawyers

A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances.

In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.

In most medical malpractice cases, this standard of care is established by the testimony of expert witnesses. However, there are situations when the injured plaintiff may be able to prove the standard of care without the use of experts.

Whether a medical malpractice victim or his or her family can recover for emotional distress caused by the malpractice is a matter of great debate. Historically, courts were reluctant to award damages for emotional distress because the damages are difficult to prove and difficult to assess. Currently, courts are split as to under what circumstances, if any, emotional distress damages are recoverable.

In general, there are two theories under which a person can recover emotional distress damages in medical malpractice cases...

One of the most serious types of emergency room malpractice is the failure to diagnose meningitis. Meningitis is an infection and inflammation of the membranes and fluid surrounding your brain and spinal cord. Meningitis is most often caused by bacteria or viruses. Bacterial meningitis is usually much more serious than viral meningitis. Over two-thirds of all meningitis cases occur in children under the age of five.

The failure to timely diagnose bacterial meningitis can have catastrophic consequences. It is estimated that one of every ten meningitis patients dies. Those who survive can suffer from brain damage, deafness, and seizure disorders if the condition is not diagnosed timely or treated properly. Nearly 500 people die each year from bacterial meningitis.

Whether the failure to diagnose a case of bacterial meningitis is malpractice depends on the circumstances of the case. Expert testimony is required to demonstrate that the physician's failure to make a timely diagnosis of bacterial meningitis was a breach of the standard of care and that the breach caused the plaintiff's injuries. The damages in a failure to diagnose meningitis case can be very high because of the likelihood of significant brain damage or death from the failure to make a timely diagnosis.

• What is a binding arbitration clause?
• Are nursing home arbitration clauses legally binding?

• What is a contingent fee?
• Are there any state laws that regulate attorney fees?
• Can I hire an attorney to handle my case on an hourly rate?

This article offers information about the legal process from when you call to settlements and filing a lawsuit.

At the first meeting we obtain general information about your accident: how it happened, who was involved; the nature of your injuries; your health care providers; insurance information; witnesses; the damage to your automobile if a car was involved. (Try to get pictures of the damage.) It is very important that you tell us all the facts, even those that you think might hurt your case. Remember that all of our conversations are confidential and are protected by attorney-client privilege...