Considering a Medical Malpractice Lawsuit? Get the Information You Need

Look below for information on a medical malpractice lawsuit

If you or someone in your family has been physically injured by a doctor or a hospital, or if a misdiagnosis has caused complications with your health, Weitz & Luxenberg can help you file a lawsuit and win monetary damages to compensate you for medical bills, lost wages and suffering. Don't be a victim of medical malpractice. Let us know your situation.

Continue reading on below or you can Learn More about:

• Cardiology
• Dental Malpractice
• Medical Malpractice & Children
• Medical Malpractice in the Emergency Room
• Neurology

Doctors and hospitals may be held liable for medical malpractice when their conduct causes damage to a patient. Botched surgery, inaccurate diagnoses, failure to perform a necessary examination, experimental therapy, medication errors, adverse reactions to drugs or procedures, and mishandled labor and delivery are all common forms of medical malpractice. Have your claim evaluated for FREE, just complete this simple form.

Medical malpractice is a broad term which covers both the public perception of adverse events during medical care, and a legal definition of negligence.

In common with other forms of civil claims for negligence, in order to succeed in a claim (lawsuit) the claimant (plaintiff) must successfully demonstrate three things:

1. That the doctor failed in his/her duty of care towards the patient: they failed to do something that a reasonably prudent doctor in the same field would have done under the same or similar circumstances, or that the doctor did something that no reasonably prudent doctor in the same field would have done under the same or similar circumstances.
2. That some harm was caused by this failure to comply with the duty of care, and that the harm risked by such misconduct was reasonably foreseeable at the time.
3. The amount of damages that would reasonably compensate the plaintiff for the harm caused by the malpractice.

A doctor will not be expected to be the best doctor in the country, but he or she must be shown to have acted in accordance with a reasonable body of medical opinion. This is known as the Bolam Test.

Expert witnesses usually are required to testify in malpractice cases. Expert witnesses are allowed to testify in terms of opinions, while lay witnesses must confine their testimony to things they perceived with their own senses. Witnesses generally are qualified as experts if they have sufficient education, training, and experience in the field and their testimonial opinions would assist the factfinder (judge or jury), in determining a contested issue. The courts generally hold that lay jurors or judges, untrained in medicine, are not adequately equipped to decide whether the doctor deviated from the requisite standards without being guided by expert witnesses in the field. Expert witnesses in some instances may be independent experts from the same field of medicine as the defendant. However, usually the plaintiff and the defendant will hire their own experts, who will have conflicting opinions. It is up to the factfinder to sort out which opinions to accept from those that are incapable of belief.

Weitz & Luxenberg specializes in many types of medical malpractice cases across the country including:

Birth Cases / Handicapped Children
Anesthesia / Surgery
Diagnosis
Wrongful Death

Birth Cases / Handicapped Children

Has your child had delayed milestones?

Does your child have seizures?

Was there bleeding in the brain during or after birth?

It is important to know which hospital (was it a city hospital?)

And how long the child was in the hospital after birth?

Anesthesia / Surgery

Did you recieve unneccessary surgery?

4,132 medical malpractice payments were made due to surgery related malpractice in the United States in 2002

Have you had a strange or harmful reaction to an anesthetic?

Were you, or a loved one concious during surgery?

Did you feel pain during surgery?

Diagnosis

Was your diagnosis delayed, causing complications?

Were you misdiagnosed?

Was there failure to diagnose cancer, or another fatal illness?

Was your diagnosis mishandled, or medical test taken incorrectly?
Wrongful Death

Was the death of a loved one caused by misdiagnosis, or delayed diagnosis?

Did unneccessary surgery cause the death of a loved one?

If you have lost a loved one, but it wasn't due to medical malpractice, you may pursue legal action by clicking here.

If you have been injured in a medical malpractice accident, get your free legal consultation today. Please fill out our clientrelations@weitzlux.com.

Act now! It is essential that you inquire about your case as soon as possible. Litigation may be the only way to receive the damages to which you may be entitled, such as medical and health care bills, lost or diminished wages, and financial compensation to family in the case of death. Your individual state's law may limit your time to bring a legal claim to protect your rights. You need to have your medical malpractice claim evaluated immediately!

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see also:

Cardiology FREE Information About Cardiology and Medical Malpractice
Learn more about cardiology and medical malpractice.

Children FREE Information About Children and Medical Malpractice
Learn more about children and medical malpractice

Common Surgery Questions Common Questions on Surgery Malpractice: Free Legal Eval from Lawyers
Common Questions about surgery and medical malpractice--Free Case Eval