Using Medical Experts in Personal Injury Cases

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Personal injury litigation is a very complex process for plaintiff's attorneys, defense attorneys and injured victims alike. While plaintiff's attorneys and defense attorneys are experts in the law, personal injury cases often require the aid and assistance of a medical expert in order to review and understand the implications of the medical evidence and medical bills associated with the case.

When an accident occurs, plaintiffs are entitled under tort laws to seek justice from the person, people or entity who allegedly caused harm. In the American system of jurisprudence, the justice that an injured victim seeks is compensation, which usually comes in the form of monetary compensation. This is different than the justice sought by a district attorney in a criminal law case, although the same wrongful act can often lead to both a district attorney pressing criminal charges and a victim seeking monetary compensation.

When a victim does seek monetary compensation, he or she must prove a case in court or must settle outside of court for an amount that is agreeable to all parties involved. This means a plaintiff must prove injuries occurred, prove the cause of those injuries, show the extent of those injuries, and show the cost of treatment.

Medical experts can assist plaintiffs in building their case and in gathering the necessary evidence to demonstrate both the severity of the injuries and the extent of monetary compensation appropriate for those injuries. Medical experts can also work for a defendant, helping to evaluate whether a plaintiff is being honest either about the extent or cause of the injuries, or whether a plaintiff's medical bills are reasonable based on the injuries that are present.

Types of Medical Experts

Medical experts come in many different forms, depending on the role they are playing in the personal injury claims. For instance, nurses can assist in understanding a medical diagnosis and in explaining the likely consequences and complications of that diagnosis. They can also decipher between pre-existing conditions and injuries, and those that occurred as a result of the present claim.

Medical coders understand the complex system of codes used by insurance companies and doctors for billing and payment for services. A medical coder can thus help the plaintiff or the defendant in keeping tabs on the cost of treatment. An auditor can review the bills in order to make sure that they are reasonable; that there are no financial irregularities occurring; and that the services billed were actually rendered.

Finally, life care planners serve a special role in personal injury cases and must be consummate medical experts. Life care planners estimate the level of ongoing care that an injured plaintiff will need if the plaintiff was disabled in such a way that necessitates many more years, or even a lifetime, of medical assistance. Because a plaintiff is entitled to be compensated for all medical costs arising from an injury caused by a liable defendant, a plaintiff should be able to collect the full amount of medical costs that will be necessary for the rest of his or her life. A life care planner will be responsible for determining what that ongoing care cost will be. As a result, the plaintiff isn't left high and dry without the ability to provide for later care, and a defendant doesn't get stuck paying for a lifetime of treatments that aren't really necessary after all.

Know more about Medical Experts and Medical Legal Consulting visit us at MedLegal-La.Com

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Claiming Compensation For A Mistake During Cosmetic Surgery

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The number of people going under the knife is increasing every year and as a result, the cosmetic industry is making huge money and the figure will continue to increase as cosmetic procedures become more common.

Why the increase?

Celebrity culture

Cosmetic procedures are increasing for a number of reasons. Nowadays more and more people are obsessed with celebrity lives and looking good, people (particularly women) read magazines where every page they turn they are presented with an airbrushed, unrealistic photo. People then feel these airbrushed celebrities are the norm and feel under pressure to look the same.

Fillers

As well as the "celebrity culture", there are more types of affordable procedures available that were unheard of ten years ago. These include fillers such as Botox, which has become extremely popular, and is an affordable treatment. These "filler" treatments don't involve going under the knife so aren't as drastic as surgery, but do help remove wrinkles and other imperfections, which is why they are so popular.

Affordable

Ten years ago, cosmetic surgery was only for the rich, but now more people than ever are undergoing surgery to enhance their looks. Popular companies offering daily deals are even getting in on the market and offering produces with dramatic price reductions: "Half price liposuction" or "70% off laser hair removal" seem to be among the most popular group-buying online deals.

Common cosmetic surgery complaints

Not being aware of the full implications of procedure: Your surgeon should be transparent and honest with you regarding all risks of your procedure. It is a legal requirement for your surgeon to give you time to weigh up your options before you go ahead with the surgery, should you still decide to after being told the risks and side effects.

Bad results: If you experienced pain during surgery, woke up from lack of anaesthetic, or your procedure did not turn out as expected, then you may have a cosmetic surgery compensation claim.

Severe scarring: In some cases, surgery will leave some scarring, but if the scarring is unsightly or abnormal then you may need to ask yourself whether the procedure was carried out correctly.

Surgeons

A reputable cosmetic surgeon will always make you aware of the risks involved in surgery and will offer you suitable alternatives that aren't as drastic as surgery. Your surgeon should also be fully-qualified. It's hard to believe but prior to April 2002, surgeons did not need to be qualified or on a register, so you may find some surgeons do not have the correct qualifications. Since April 2002, all surgeons are required to be on an official register.

Do you have a medical negligence compensation claim?

If you feel you've experienced medical negligence during cosmetic surgery you should firstly get in touch with your surgeon or the practice where the surgery was performed. In most cases, your surgeon will be aware of the mistake and will cooperate with you to give you the best possible solution. After all, the surgeon is only human and sometimes mistakes occur, but they should want to put it right and put you at ease. Your surgeon may offer corrective surgery with another surgeon, but if this doesn't happen, you may need to consult another surgeon or medical negligence lawyer for better advice.

Clair O'Hara is writing on behalf of Pearson Hinchliffe, specialists in medical negligence compensation including cosmetic surgery compensation.

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Making a Medical Negligence Claim and Why Using Professional Negligence Lawyers Makes Sense

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Medical negligence is a serious issue that can also often be highly emotive for the people involved.

This is why it is so important to seek the advice of experienced, professional negligence lawyers if you think you might be dealing with a case of medical negligence.

Using professional negligence lawyers will help to give your case the best chance of succeeding if it turns out that you do have a valid professional negligence claim. Medical negligence can take a variety of forms and it can be enacted by professionals such as doctors, dentists and others. For instance, if a doctor was to act in a manner or provide a course of treatment for you that no other reasonable medical professional would have done under the circumstances, this could count as a case of negligence.

Also, if a medical professional were to misdiagnose you - especially if you were then given an inappropriate course of treatment or suffered unnecessarily as a result - you might also have a case for making a medical claim. This could also be the case if a medical professional failed to act when required or if they mistreated patients in care. However, bad customer service isn't a case of negligence, which is why it is important to talk to professional negligence lawyers if you are concerned to see whether you have a valid case.

Making such a claim can often be complicated as it can take in different areas of law. For example, a negligence claim might not just apply to the medical professional in question, but if faulty drugs or equipment were used during the course of your treatment, the case might also have to expand to include the manufacturers of that equipment, depending on the exact nature of your claim. This is why it is so important that you use professional negligence lawyers who are highly experienced in the area and know exactly what they are doing.

They will be able to investigate on your behalf and, if necessary, seek outside medical advice. This can be helpful when it comes to verifying whether or not you have a case of negligence. Your lawyers will also be able to act on your behalf when it comes to informing the professional in question that you will be making a claim against them, as well as representing you in any discussions, settlements or court proceedings that might occur as a result of your medical negligence claim.

If you need help with a medical negligence claim then contact Bonallack & Bishop. The firm houses specialist professional negligence lawyers who can offer you invaluable help and advice. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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When Can Patients Sue a Hospital for Negligence?

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When can you sue the hospital or its employees for negligence?

A hospital can be sued for negligence for mistakes that harm or kill a patient. When an employee of the hospital is guilty of negligence, you can sue the hospital. When a doctor working for a hospital makes a mistake, both the doctor personally and the hospital as a whole can be sued. However, doctors can only be sued if they were present and could have prevented the negligence. You cannot sue every doctor in the Emergency Room or surgical floor, only the one who administered or oversaw your treatment. Hospitals can also be sued when a doctor with a history of negligence and medical mistakes was kept on the payroll, thus enabling them to continue harming patients.

What constitutes neglect?

Neglect occurs when someone does not do their job as a normal and competent professional would. Negligence includes not verifying instructions, not following checklists, failing to assist patients in need and not take immediate action in an emergency. There are greater tolerances for mistakes made in life threatening emergencies than general care situations. Malpractice and negligence can arise from a failure to properly diagnose a condition or injury. Negligence can occur when someone is given the improper treatment or the correct treatment is administered incorrectly. Nurses administering the wrong medication and therapists following the wrong protocols are examples of this.

Failing to risk patients of negative outcomes from a medical treatment or side effects of the treatment is also negligence. Recommending a surgery to cure cataracts that can also leave a patient blind is an example of this concept. To sue for negligence, the risk must be significant enough that the patient might have chosen not to have the procedure or treatment if they had known and must have suffered that negative outcome.

Can you sue medical professionals other than doctors at the hospital?

Yes. Any medical professional affiliated with a hospital can be sued for negligence. This includes nurses, physical therapists, medical technicians and pharmacists. First responders such as paramedics and firefighters have broad protection from medical negligence claims, due to the difficulty of acting during emergencies, unless they are employees of the hospital and provide care at the facility. Good Samaritans are rarely sued for negligence unless their actions are reckless.

What types of damages are available when someone sues a hospital for negligence?

There must be a specific injury as well as actual damage to sue for negligence. You cannot sue a hospital because you were unhappy with the level of service.

Physical pain and sufferingMedical bills with other medical facilities or practitioners to treat the condition caused by the hospital's neglect, injuries caused by the hospital or diagnose what the hospital failed to find.Lost income due to the inability to work or lost income of the individual who diedMedical bills resulting from additional treatment at the hospital if the patient had received the proper course of treatment.Costs of physical therapy or assisted care while recovering

A personal injury lawyer in Toronto can review your case and determine the actual damages that could be awarded in your case. Speak with a Toronto personal injury lawyer to determine if you have been the victim of medical negligence.

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Have You Had A Misdiagnosis of Vulva Cancer?

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Vulva cancer is a form of cancer that is located in the external area of the female genitalia. While this cancer is rare, it is usually found in women of an older age. The vulva is comprised of the opening to the vagina, the labia, the perineum (the area between the vagina and the anus), and the clitoris. Vulva cancer can affect any of these areas, but it is usually found in the labia.

It is estimated that the labia is affected in nearly seventy percent of all cases of vulva cancer. Another fifteen to twenty percent of cases affect the perineum, and an additional fifteen to twenty percent affect the clitoris. About five percent of cases have cancer that is found in more than just one particular area, and ten percent of all cases cannot have the origin of the cancer traced back to one spot. Vulva cancer does spread and can eventually affect areas such as the vagina, the anus, and the urethra.

The majority of types of vulva cancer are referred to as squamous cell carcinomas. Squamous cells are the most common types of cells found in the skin. This type of carcinoma usually begins in the area that surrounds the vagina, or the area found on the edges of the labia. Vulva cancer is a slow growing cancer and often starts as condition that is precancerous and is called dysplasia, or vulvar intraepithelial neoplasia (VIN). This condition simply states that there are cells that are considered to be precancerous located in the layers of the skin.

Less commonly found forms of vulva caner include adenocarcinomas, melanoma, basal cell carcinoma, Paget's disease of the vulva, and tumors of the connective tissues. Melanoma is the second most common type of vulva cancer and is found in roughly five to ten percent of all cases. Adenocarcinomas form in the glands, such as those that are located close to the opening of the vagina and produce fluid and mucus for lubrication. Basal cell carcinoma is the most often located in areas of the body that are exposed to the sun, so this condition is not usually seen on the vulva. That being said, they can still appear anywhere there are skin cells, which include the vulva.

As mentioned above, vulva cancer usually affects women who are advanced in age, typically over the age of fifty. Most diagnoses are made in women between the ages of sixty five and seventy. Beside age alone, there are other risk factors for this type of cancer including: cervical cancer, having multiple sexual partners, vaginal inflammations, and sexually transmitted diseases.

Cancer of the vulva is a slow growing cancer that can be in the body for a number of years before any symptoms appear. When symptoms do finally become evident, they may include the following: swelling, pain, lumps, growths, soreness, burning, a mole that has changed shape or color, itching, bleeding or a discharge that is blood tinged, burning during urination, or thick raised red, dark, or white patches of skin.

Because the symptoms associated with early stages of vulva cancer are quite subtle, and can be attributed to a variety of less serious conditions, it is not uncommon that they are dismissed or ignored for a period of time. When proper testing or further investigating is not done, medical negligence may have occurred, and you may have grounds for a medical negligence lawsuit.

In order for a proper diagnosis to be made, a complete physical examination needs to be done, a check of the vulva using a magnifier should also be done, and blood tests or x-rays may be ordered as well. An examination of the internal reproductive organs, such as the cervix by means of a speculum may also be necessary. The doctor will most likely insist upon biopsying the area in order to collect samples of tissue to be sent off for examination in a laboratory setting under a microscope. Depending on what the preliminary tests, as well as the biopsy reveals, follow up tests such as an examination under anesthesia (commonly referred to as an EUA), a magnetic resonance imaging scan (commonly referred to as an MRI), a positron emission tomography scan (commonly referred to as a PET scan), or a computerized tomography scan (commonly referred to as a CT scan) may be ordered to check the lymph nodes for cancer.

If for any reason these tests are not ordered in a timely manner, the cancer could spread to other areas of the body which could cause the prognosis for a successful recovery to diminish. This is truly devastating for the patient because in many cases, this form of cancer is treatable. When a doctor does not act expeditiously and treat the patient's complaints seriously to rule out or in any more serious conditions, malpractice could have taken place, and a patient may be able to seek compensation for his or her damages.

Just as it is important to seek prompt medical attention for any condition you believe is serious, it is just as important to seek prompt legal help should you be the victim of medical negligence. Most states have strict statutes of limitations that must be adhered to in order to file a claim. Not knowing these statutes or not filing in time can reduce your chances of a favorable outcome, and may cause your case to be dismissed completely.

Hiring a personal injury attorney to assist you with your claim can remove a tremendous amount of worry. These professionals will review the details of your case, assess its validity, collect medical records, interview medical professionals, and file all legal paperwork on your behalf. Best of all, most personal injury attorneys work on a contingency basis, which means you pay nothing upfront. Not having to worry about how to fund your claim will provide you with great peace of mind and the ability to focus on your personal recovery. You should not suffer in silence, and you should not hesitate to hold those responsible accountable.

For information on medical malpractice lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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How To Seek A Medical Negligence Claim

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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.

Duncan Gibbins Solicitors can give more detail about medical negligence claim. Assistance will be provided for you to claim the medical negligence compensation you are entitled to.

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Surgical Mesh Attorney Cases

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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.

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