Medical and Legal Malpractice

Medical Malpractice

Medical malpractice happens with a medical provider makes a mistake or fails to diagnose or treat a medical condition properly. which results in injury or death to the patient.

Statistically, patients treated on an out-patient basis, experience a higher number of medical malpractice case than that of hospital patients.  However,  medical malpractice within a hospital statistically tends to be more severe. According to a study at the Institute of Medicine of the National Academy of Sciences, more than 1,500,000 people annually are victims of medication errors, while annually,  over 90,000 people lose theirs lives to medical errors.

In the United States alone, more than 19,000 medical malpractice claims were paid by insurers.   The number of cases filed for malpractice is far less than the amount of malpractice events.  For every 7.6 people who has been a victim of medical malpractice, only 1 person has filed a claim for medical malpractice.

On a list of medical malpractice offenses is sexual misconduct.  Sixty percent of psychiatrists within the United States admitted to having sexual contact with their patients.

Medical malpractice can have tragic consequences for victims and their families.  An experienced Medical Malpractice attorney should be contacted immediately if you feel that a medical provider has errored in your treatment or the treatment of a loved one. Medical Malpractice cases are legally complex and often times require the testimony of a qualified expert to determine whether medical malpractice has, in fact, been committed.  An experience attorney will assist you in securing an expert as well as providing the upfront costs.

Legal Malpractice

Malpractice refers to negligent conduct on the behalf of a professional whether it be a doctor, hospital, dentist or a lawyer.

Like a doctor, an attorney must conform to the standards of conduct recognized by their profession.

A lawyer, when dealing with a client must conduct his or herself with honesty, deal in good faith integrity and fairness. Should the lawyer conduct themselves in a negligent fashion they may become liable for their actions.

The most common type of legal malpractice cases arise form negligent errors. An attorney that commits an error would have been avoided by a competent attorney who practices the same standard of care, is committing legal malpractice.  A lawyer who gives wrong or improper advice,  fails to file documents in a timely fashion or fails to recognize a legal action, may be charged with legal malpractice.  However, if an error was committed by an attorney because of an issue of law, a legal malpractice case may not be successful.

An attorneys also has the legal obligation to properly evaluate a case.  For examples, if you have suffered a work related injury and someone other than your employer or fellow employee caused the accident, then you would have a third party action against the at-fault party.  An attorney who does not recognize this and does not file a lawsuit within the statute of limitations could be held legally responsible. Once the statute of limitations has passed you can no longer file a lawsuit against the party who caused the injury.  This may result in a loss of compensation for your injuries.