Alternative Dispute Resolution in Medical Malpractice Claims

When faced with a medical malpractice claim, the typical image that comes to mind involves a courtroom battle, a judge, and a highly charged atmosphere. However, Alternative Dispute Resolution (ADR) offers a different path that can be less confrontational and often more conducive to a mutually satisfactory outcome. ADR encompasses methods such as mediation and arbitration, which can be advantageous for both plaintiffs and defendants.

Understanding Alternative Dispute Resolution

ADR is a collective term for processes that help parties resolve disputes without litigation. Popular forms of ADR include:

●     Mediation: An impartial mediator assists the parties in reaching a voluntary, negotiated resolution. The mediator does not decide the case, but helps facilitate a dialogue to uncover potential solutions.

●     Arbitration: An arbitrator listens to the arguments from both sides and then makes a binding decision. Unlike mediation, this provides a conclusive outcome, but is less formal than a court trial.

Both approaches share common benefits which make them attractive in the context of medical malpractice disputes, including:

●     Cost Efficiency: ADR can be significantly cheaper than court litigation due to shorter timelines and reduced procedural burdens.

●     Time Savings: Resolutions can be achieved much faster with ADR, sometimes within a few months.

●     Privacy: Unlike court cases, which are public, ADR proceedings are confidential.

●     Preservation of Relationships: ADR can be less adversarial, helping maintain professional relationships between medical practitioners and their patients.

Why Consider ADR for Medical Malpractice Claims?

Choosing ADR for medical malpractice law firm disputes can be particularly prudent due to the complex nature of medical malpractice cases. These cases often involve highly technical evidence and personal matters, which can be handled sensitively through ADR. Some reasons to consider ADR include:

●    Expertise: Arbitrators or mediators with specific expertise in healthcare can be chosen to ensure that complex medical issues are understood and evaluated fairly.

●     Control: ADR provides more control over the outcome. In mediation, both parties have a say in forming the agreement, which can lead to creative solutions that are not available in court.

●     Finality: Arbitration decisions are typically final and subject to limited appeal, which can avoid a prolonged dispute.

Choosing the Right ADR Approach

The decision on whether to use mediation or arbitration rests on several factors, including the specifics of the medical malpractice claim, the parties' willingness to negotiate, and their need for a speedy resolution. Considerations include:

●     Nature of the Dispute: Is the dispute highly technical, and does it require specific medical knowledge? If so, arbitration with a specialist might be preferable.

●     Desired Outcome: Do the parties seek a collaborative resolution that could pave the way for future interactions? Mediation might be more suitable.

●     Legal Advice: Consulting with experienced medical malpractice lawyers in Delaware County PA or medical malpractice lawyers in Chester County PA can provide guidance tailored to the specific circumstances of the case.

Key Steps in Initiating ADR

Initiating ADR involves several steps that should be handled with care:

●     Selection of the Mediator/Arbitrator: It is crucial to choose professionals with the right expertise¾particularly in medical malpractice¾to increase the likelihood of a satisfactory outcome.

●     Preparation: Parties need to gather all necessary documentation and evidence related to the medical claim. This includes medical records, expert reports, and any other relevant material.

●     Representation: Even in ADR, the advice and guidance of a personal injury lawyer can be invaluable. Lawyers can navigate through the legal and procedural nuances, even in a less formal setting.

ADR: A Viable Option for Many

Alternative Dispute Resolution offers a path to resolving medical malpractice disputes that can be less adversarial, quicker, and more cost-effective than traditional court litigation. With the right preparation and expert help, parties can achieve fair, equitable resolutions that satisfy all involved. For individuals embroiled in such disputes, exploring ADR could prove to be a highly beneficial decision.

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This blog was originally posted on https://pa4law.com/alternative-dispute-resolution-in-medical-malpractice-claims/

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Surgical Errors and Medical Malpractice: When the Wrong Organ is Removed

During surgery, patients are at their most vulnerable and rely on physicians and other medical professionals to look-out for their health and well-being. Unfortunately, medical mistakes like removing the wrong organ can have lifelong consequences. Recently, a California woman was a victim of this type of error and had to hire medical malpractice lawyers to help her hold the responsible parties accountable.

Sarajane Parfitt’s Story

In 2021, 55-year-old Sarajane Parfitt underwent surgery to have her diseased left kidney removed at the Community Regional Medical Center in Fresno, California. The surgery was botched, and her spleen was mistakenly removed instead. She will now have to undergo another surgery to remove her kidney. Although it’s possible to live without a spleen, Sarajane is now more at risk for infection and will require special treatment to boost her immune system for the rest of her life.

Even more shocking, her spleen was labeled as a kidney when submitted to a pathology lab for testing, and the error went unnoticed for several days. When the pathologist reported that her spleen had been removed, the hospital performed a CT scan and found that her left diseased kidney will still there, and her spleen was gone.

Sarajane Filed a Medical Malpractice Lawsuit

Sarajane found a medical malpractice law firm, and her attorney, Paul Pimentel, filed a lawsuit on her behalf against Dr. Narayana Ambati, Community Regional Medical Center and Urology Associates, and Dr. Shahin Chandrasoma.

Her medical malpractice claim asserts that having the wrong organ removed has caused her to suffer severe emotional distress and other damages. Dr. Ambati’s malpractice defense lawyer asserts that he did not do the nephrectomy (kidney removal) – it was performed by a visiting surgeon, Dr. Chandrasoma. Sorting-out which parties are liable in this situation is just one factor that could make this medical malpractice lawsuit especially complex.

The Case Will Likely Be Resolved Outside the Courtroom

The vast majority of medical malpractice cases are settled out of court.  Physicians, health systems, and other medical providers don’t want to deal with the hassle or expense of going to court, not to mention the public scrutiny that can accompany a trial.

Pennsylvania personal injury lawyers fight to help clients resolve medical malpractice cases as efficiently and effectively as they can, but sometimes litigation is necessary to recover damages and hold negligent parties accountable. This case is still pending, so there’s no word on whether Sarajane has reached a settlement agreement with the defendants, but hopefully, she’s saved the trauma and headache of a lengthy trial.

If you or a loved one has been injured due to a healthcare provider’s error or negligence, our personal injury lawyers can help. Our team features one of the best medical malpractice attorneys in Pennsylvania. We’re dedicated to fighting for your rights and helping you recover the maximum compensation you need to move on with your life.

This blog was originally posted on https://pa4law.com/surgical-errors-and-medical-malpractice-when-the-wrong-organ-is-removed/

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How Do I Know if I Have a Medical Malpractice Claim?

Although most physicians and health care providers do their best to protect the health and safety of their patients, medical errors do happen. Understanding what might constitute medical malpractice and the elements that go into a claim can help you decide whether you may need the assistance of a medical malpractice law firm. 

Elements of Medical Malpractice Claims

There are several basic requirements that must be met for a medical mistake to be considered malpractice.

Evidence of a doctor-patient relationship. You must show that you had a patient-doctor relationship with any physician you are suing. In most cases, it is easy to prove that a relationship existed if a doctor is seeing and treating you directly. Things can get murky when someone tries to sue a consulting physician that did not provide direct treatment. 

The health care provider was negligent. To have a valid claim for medical malpractice, you must show that the physician caused you harm in a way that under the same circumstances, a competent doctor would not have. 

The doctor’s negligence caused the injury. In cases involving patients who are already sick or injured, it can be challenging to prove that a physician’s actions (or inaction) caused harm. That’s why it’s critical to seek the counsel of top-rated personal injury lawyers who are well-versed in handling medical malpractice cases if you believe you or a loved one has been the victim of a medical error. 

The injury led to damages. Regardless of whether a doctor was negligent, if a patient did not suffer any harm then there is no medical malpractice case. Some examples of damages that could be compensable include physical pain, additional medical bills, mental anguish, and loss of earning capacity. 

Signs That You May Have a Medical Malpractice Claim

The prescribed treatment is not helping you. In some cases, treatment does not work because a patient has been misdiagnosed. This can leave you at risk of becoming more ill or developing further injuries. It can also lead to unnecessary treatments or a patient taking medications with risky side effects for no reason. 

Lack of follow-up from your doctor. It can be frustrating when you are given a diagnosis and cannot get your medical provider to address your questions or concerns. If your physician does notfollow up, rushes through without answering questions, or does not give you enough information, your condition could get worse. A competent physician should always take a patient’s concerns seriously and discuss treatment in detail.

You sustained injury due to a surgical or medical error. Every surgery carries some kind of risk. However, if you were hurt or lost a loved one due to an error, medical providers may be held accountable. Some common examples include:

• Infection due to improper sterilization of instruments

• Receiving the incorrect surgery

• Medical instruments being left in the body

• Injuries sustained from your body being carelessly handled during surgery or a hospital stay

• Anesthesia errors

• Improper administration of medication

• Errors or injuries due to understaffing

Lack of informed consent. Your physician should always explain the benefits and risks of any treatment or procedure before performing it. That is why most doctors, dentists, and medical facilities require patients to sign informed consent forms before commencing treatment. 

If you believe you have been wrongfully injured by a medical professional, contact a Pennsylvania medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/how-do-i-know-if-i-have-a-medical-malpractice-claim/

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Can I Sue a Hospital for Medical Malpractice?

Hospitals and their staff have an obligation to provide proper, safe medical care to patients in their charge. However, sometimes errors occur, which can result in life-changing injury or illness. Suing a hospital or healthcare system can be daunting, and there are certain factors that must be considered before filing a claim or lawsuit. Having a medical malpractice law firm evaluate your case can help you understand the nuances of these types of cases and who may be responsible for any injuries caused by negligence.

When Hospitals are Liable for Employee Actions

Nurses, CNA’s, technicians, and other medical workers are typically employees of hospitals. If their incompetence or negligence causes injury, illness, or death, the hospital that employs them most likely will be liable for any damages caused. For example, if a nurse gives a patient the wrong medication and the patient is harmed as a result, the hospital could be liable for the nurse’s mistake and be sued for medical malpractice.

Physicians and Hospital Employees

Many physicians and surgeons who work in hospitals are not direct employees of the facility. Unless a doctor who makes a medical error is an employee, the hospital usually will not be liable if the doctor’s actions cause injury or harm.

Similarly, if a hospital employee is negligent while under a doctor’s supervision, the hospital may not be liable, and the patient may have to file a claim with the doctor’s medical malpractice insurance company instead. Things can get very complex very quickly in these situations. Top-rated personal injury lawyers know how to sort out the facts to determine which parties may be held accountable for a patient’s injuries.

Determining Whether a Doctor is an Employee of the Hospital

Figuring-out the nature of a physician’s relationship with a hospital is a critical piece of the puzzle if you are considering filing a medical malpractice claim. If a doctor is an employee, the hospital typically will have control over their hours and vacation time, and will take payroll taxes out of any compensation the doctor receives. If a doctor is affiliated with a hospital but classified as an independent contractor, the hospital usually cannot be held liable for the doctor’s medical malpractice, even if the malpractice occurred there.

Other Situations in Which a Hospital May Be Liable

It is important to note that in some cases, if a physician appeared to be an employee of a hospital, the hospital may be liable if the patient was not informed that the doctor was not an employee. In addition, some states may hold a hospital financially liable if it continues to give staff or admitting privileges to a doctor who is incompetent or dangerous, whether the facility’s administration was aware of it or not. 

Medical malpractice law is complex. Before filing a claim, make sure to contact an experienced personal injury lawyer.

This blog was originally posted on https://www.pa4law.com/can-i-sue-a-hospital-for-medical-malpractice/

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What An Attorney Considers Before Accepting Your Personal Injury Case

 

If you have been injured in an accident or due to a malfunctioning product, you should seek the guidance of a personal injury attorney as soon as possible. Top accident attorneys can help you avoid some common mistakes people make that can affect the amount of your settlement. According to a study by the Insurance Research Council, injured people who have an attorney working on their behalf receive settlements 3.5 times larger than those who settle on their own with insurance companies.

However, many people do not realize that an experienced personal injury attorney does not take every case that is brought to him or her. Personal injury attorneys usually work on a contingency fee, which means that they only get paid if you win a settlement. If the case does not justify an attorney’s involvement, the lawyer will decline the case.

So, what does an attorney consider before accepting your personal injury case?

When the accident or injury occurred. There are prescriptive periods or “Limitations” regarding the amount of time in which you can file a personal injury claim following the accident, and these vary from state to state. Your attorney will know what the rule is in the state in which you would file your lawsuit.

Where the accident or injury occurred. This would include the state, county and municipality where you were injured. You may have exceeded the prescriptive period in the state, or perhaps failed to comply with other rules that regard personal injury cases.

If the liable party is insured. Car accident attorneys often are reluctant to take a personal injury case if the liable party does not have insurance that would pay a settlement. It is very difficult to procure payment from individuals who are not insured.

The extent of your injuries. Monetary damages are established based on the impact of the injuries to your ability to carry on tasks of daily living and to work, as well as the amount of estimated medical bills. The injury may be real, but an attorney may decline the case if you will quickly recover to your previous abilities, and without sizeable medical bills.

Documents you have collected. Documenting an accident as soon as it occurs is very important to maximizing your settlement. Take photos and/or videos (even if you must ask someone at the scene to help you). Write down everything you can remember about the incident and obtain names and contact information of any potential witnesses. Keep records of any medical treatments. Keep a diary of your activities to show the accident’s impact on your personal and work life.

Actions you have taken. If you have been injured by a medical mistake, your medical malpractice law firm will want to review all the records associated with your case. Be sure to collect all medical records if you were taken to the hospital following an accident. If you aren’t in need of emergency care, it is often best to talk to your attorney before visiting a doctor or health care facility. If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured, and retain all packaging, instructions and receipts that accompanied the product.

If you have been injured and another individual or entity is at fault, do not delay seeking the guidance of a highly experienced attorney, who will determine if you have a viable case and what actions you should take next.

This blog was originally posted on https://www.pa4law.com/what-an-attorney-considers-before-accepting-your-personal-injury-case/

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What Is The Length And Process Of A Medical Malpractice Lawsuit?

Medical malpractice lawsuits, which are customarily impacted by the backlog in the court system, are likely to be set back even further by the temporary closing of courts during the COVID-19 lockdown. Experienced medical malpractice lawyers will tell you that a case that goes to court will take years to make its way through the court system, and/or for any settlements to be paid. Most medical malpractice lawsuits are settled out of court, but attorneys on both sides are required to file motions and utilize the court process in other ways.

For all these reasons, personal injury lawyers carefully weigh the pros and cons of a court trial when representing a medical malpractice plaintiff. Often the individual and his or her family are in need of the settlement funds, but the attorney must ensure that the settlement offered out of court is fair to the plaintiff.

The process of a medical malpractice lawsuit includes at least four important steps.

1. Discovery

The discovery phase is triggered when your attorney files a medical malpractice complaint, and all involved sides are informed of the lawsuit. Each side of the medical malpractice lawsuit will request from the other:

●    Information

●    Evidence

●    Documentation

During this phase, both sides are building their case, should it go to trial.

2. Expert witnesses

Your attorney and opposing counsel each will call upon a medical expert to investigate the facts of the case, assess them against the accepted medical standard of care, and advise the attorneys on whether medical negligence has occurred. The medical experts are also required to determine if and how the negligence may have caused additional, undue injuries to the plaintiff (you).

It is possible these medical experts might both find that the health care provider met the medical standard of care and negligence had not occurred. The lawsuit then would likely be dropped.

However, if either expert finds the standard of care was not met and negligence occurred, more experts may be called upon. If the experts agree that negligence probably did occur, the medical malpractice lawsuit will proceed.

3. Settlement negotiation

The defense is likely to try to settle the case out of court, as 90% of medical malpractice cases are settled out of court. Going to trial is time-consuming and costly, and defense counsel will try to avoid it by making settlement offers. You can expect the initial settlement offer to be below the amount that your attorney might counsel you to accept. This is a delicate process, and one you should place in the hands of an attorney who is experienced in negotiation. If your attorney does not feel a fair settlement is offered, then your attorney is likely to take the case to court.

4. Payment of settlement

When a settlement is reached, or the court has ordered the defense to pay you, two types of payments may occur:

●    A structured payment, often awarded to birth injuries or malpractice against children, as the funds must last over a lifetime of medical care and support.

●    A lump sum payment, which is the total settlement. The plaintiff is advised to seek the advice of a family estate planning attorney to ensure the funds are managed well in terms of tax obligation and investment planning.

If you believe you have been injured due to medical malpractice, do not delay contacting an experienced medical malpractice law firm. There are statutes of limitation on these cases which vary from state to state. Contact Perna & Abracht, LLC today to get expert advice on your situation.

This blog was originally posted on  https://www.pa4law.com/what-is-the-length-and-process-of-a-medical-malpractice-lawsuit/

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Considering Filing A Medical Malpractice Lawsuit? Here Are The Things You Should Know

Medical malpractice is difficult to prove because it is not based simply on whether or not your doctor (or another health care professional) made a mistake. You need the help of experienced medical malpractice law firm to establish some very important things – and establish them as facts – before a medical malpractice claim can be made.

Duty of Care

Duty of care is a key underlying principle on which any medical malpractice claim is based. Duty of care is what the doctor-patient relationship is all about. If you are under the care of a health care professional, he or she owes you the same duty of care that another professional would owe you if he or she had the same educational background and practiced in the same state. The question here is whether the doctor did what would have been expected of him or her when compared to colleagues in your area.

Breach of Duty

After you have established that the doctor owed you a duty of care, your malpractice attorney will investigate whether there was a breach of duty. In other words, was there something that should have been done that was not done or something that was done that should not have been done? We’ve all heard of cases in which a medical implement was left inside a patient after surgery. This is an example of a surgeon not taking the care that was expected in the performance of the surgery. This is more of a clear-cut breach of duty than, say, a misdiagnosis. Perhaps in your case, the doctor misdiagnosed your illness and then treated you for the wrong illness.  Although this is an unfortunate mistake, if the doctor performed the expected tests to reach the diagnosis, the case may not be considered a breach of duty. A good injury lawyer will understand the complexities of this determination.

Injury

If you have been able to establish a duty of care and a breach of duty, now you will determine whether an injury occurred because of the breach of duty. Let us suppose your doctor failed to order a certain test that he or she would have been expected to order, and because that test data was not available, the doctor did not treat your illness appropriately, and you became more seriously ill. Are you now impaired as a result of the serious illness? Impairment is often defined as an inability to carry-on the tasks of daily living and/or an inability to perform a job you had at the time you became ill.

Evidence

Before bringing a claim of medical malpractice, your attorney will collect evidence that supports your claim. This is critical because you are not a medical expert. You may think a mistake has been made and believe the doctor should have known better or should have acted differently, but your opinion doesn’t count. Most plaintiffs must produce medical experts who will testify to support your claim, as well as medical records that back-up your claim. Your attorney will know what kind of evidence is required, and this is another important reason to hire an experienced injury lawyer.

Correct Person or Entity

Another technicality is who you should be making the claim against. There may be an individual health care provider, or there may be a medical facility or system that is at fault (or both). This is another very important determination that your attorney will make.

Bringing a claim of medical malpractice is a complex action. If you believe you have been injured by a health care professional or entity, schedule a consultation now with an experienced medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/considering-filing-a-medical-malpractice-lawsuit-here-are-the-things-you-should-know/

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