What to Do When Denied a Non-Medical Leave of Absence

The Family and Medical Leave Act (FMLA) is structured to allow qualifying employees to take unpaid leave. This can be for medical needs or caring for a family member while ensuring their job security upon return. However, not all employees are entitled to FMLA leave. There have been instances where eligible employees have been denied their rightful leave. If you find yourself in a situation where your leave has been denied, understand these aspects.

Determine If the FMLA Applies to Your Situation

The Family Medical Leave Act offers security for workers grappling with certain health-related issues. Companies that employ 50 or more individuals are obliged under the FMLA to provide a guaranteed 12 weeks of unpaid leave within a year. FMLA addresses health concerns such as:

  • Childbirth and subsequent care for the newborn
  • The employee’s serious illnesses or injuries
  • severe health conditions affecting the employee’s spouse, child, or parent
  • time following the adoption or foster care placement of a child
  • A maximum of 26 weeks for caring for a spouse, parent, or child injured service member, with the employee being the “next of kin”.

Additional information on the eligibility criteria for the FMLA, the procedure for requesting FMLA leave, and the benefits and protections offered by the FMLA can be sourced from the U.S. Department of Labor’s website.

In cases where you face termination or layoffs due to requesting medical leave, exploring all possible solutions to ensure financial stability during this challenging period is essential. However, not every employee or health condition falls under the purview of the FMLA. You may find that your circumstances don’t align with your qualifications for filing a complaint under FMLA.

While this doesn’t prevent you from seeking a satisfactory resolution, you won’t have nationwide legal protection. Alternatively, you may find you qualify for FMLA leave, but your employer is dishonestly trying to refuse it.

Appeal Denied Request

If a California-based worker is not granted leave under workplace leave laws, they can contest this decision. Per the state’s legal regulations, any disputes against such denials must be lodged within a 30-day timeframe from when the denial notice was received from their employer. The appeal should contain any fresh evidence bolstering the original application.

This may encompass medical documentation or eyewitness testimonies confirming the need for FMLA leave. Following this, the employer is given a 10-day period to address the dispute and either approve or decline it, considering the extra information provided.

If an individual needs support while appealing a rejected FMLA leave application, they are advised to consult with a seasoned FMLA attorney in California. These professionals can offer strategic advice on effectively presenting evidence during the appeal process, and counsel on potential legal repercussions if the employer does not adhere to the relevant laws.  Proficient lawyers can also help employees comprehend their entitlements under the CFRA and ensure all required actions are executed promptly.

File a Complaint with the Labor Department

If your leave application aligns with the Family Medical Leave Act, but your employer has unjustly refused it, you can complain to the Department of Labor. You can initiate this process through either online means or a phone call to the DOL. It’s important to retain all necessary documents to respond to any detailed inquiries about your case. If your issue doesn’t come under FMLA or the resolution isn’t satisfactory, considering legal assistance to defend your rights as an employee might be the next step.

Endnote

If your employer rejects your non-medical leave of absence request, it may be difficult to determine the next course of action. Engaging an employment lawyer can assist in comprehending your rights and guide you through any necessary legal steps. They can also help establish your entitlement to leave.

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Camp Lejeune Tragedy and Its Effect on Future Generations

On a military base, the daily routines of life unfold amidst the backdrop of honor, duty, and patriotism. Now, picture that the very water you and your loved ones rely on for drinking, bathing, and cooking is imaginably dangerous for your health.

This is the harrowing reality faced by countless individuals and families connected to Camp Lejeune. For the victims, many of whom served their country, this incident is a personal story of resilience, struggle, and an unrelenting quest for justice.

In this blog, we will explore the profound and enduring effects of the incident on the future generations who carry the burden of its legacy.

Health Impacts Passed Down

The Camp Lejeune tragedy, marked by widespread water contamination, has left an enduring legacy of health impacts that extend far beyond the initial exposure. For decades, residents and military personnel stationed at the base were unknowingly subjected to toxic chemicals seeping into their drinking water. This contamination has resulted in a host of long-term health consequences, posing a concerning risk to future generations as well.

A study that delved deep into the consequences of Camp Lejeune’s contaminated water brought alarming findings to light. It concluded that exposure to toxic water during pregnancy significantly increased the risk of specific birth defects. In-utero exposure increased the risk of neural tube birth defects like spina bifida and anencephaly fourfold compared to a control group.

Symptoms of Camp Lejeune water contamination can manifest in various ways, ranging from cancers, neurological disorders, and reproductive issues to immune system dysfunction. These symptoms highlight the urgent need for awareness, support, and comprehensive healthcare for affected individuals and their descendants.

Educational Challenges

Navigating the educational landscape as descendants of Camp Lejeune’s tragedy presents a distinct set of hurdles. From early childhood, the specter of health issues and developmental delays casts a shadow over the path to learning. Many face learning disabilities and special education needs, forcing them to rely on additional resources.

The ATSDR study on birth defects also discovered that children could have developed cancers due to the contaminated water at Camp Lejeune. These cancers range from hematopoietic cancers, namely leukemia, lymphoma, and non-Hodgkin lymphoma.

These conditions hinder a child’s ability to develop the necessary cognitive skills for a good education. Consequently, these conditions impair one’s capacity to empower themselves through quality education, depriving them of one of their legal and fundamental rights.

Moreover, the financial strain stemming from medical bills and ongoing healthcare can limit access to educational opportunities. College dreams might be deferred as families grapple with the long-term consequences of Camp Lejeune’s water contamination. This impact on education extends beyond individual achievement, affecting the community’s potential and progress.

Environmental Awareness

The legacy of Camp Lejeune contamination has sparked a profound sense of environmental awareness among its descendants. Witnessing the devastating consequences of water contamination firsthand has instilled a deep commitment to environmental stewardship. Many individuals and families affected by the contamination have become advocates for clean water and environmental protection.

Instances like this have also compelled government agencies to establish strict drinking water regulations to prevent similar events. One important regulation is called The Safe Drinking Water Act. This Act grants the EPA authority to set national regulations for drinking water quality. It also empowers the EPA to determine the permissible levels of over 90 different substances in drinking water.

This heightened environmental awareness extends beyond Camp Lejeune’s boundaries. Descendants are often at the forefront of campaigns for stricter environmental regulations and pollution prevention. This newfound awareness serves as a testament to the resilience and determination of those impacted by the Camp Lejeune tragedy. It also drives them to create a more sustainable and healthy future.

The Quest for Accountability

Camp Lejeune lawsuits have been a central component in the quest for accountability regarding the tragic events at the base. Families affected by the contamination have sought justice through legal channels, holding those responsible accountable for the health challenges they face. These lawsuits serve as a means for descendants to voice their grievances and demand accountability from government agencies.

According to TorHoerman Law, more than 1 million individuals could have been impacted by the contaminated water at Camp Lejeune. The full consequences of this exposure might not be clear for many years, possibly even decades.

However, the severe health effects have prompted the victims to file lawsuits to seek the compensation they rightly deserve. Despite the scale of the tragedy, the responsible agencies are displaying a lax attitude in addressing the pending cases and disbursing claims.

As of July 2023, there were 1,067 cases pending in the Eastern District of North Carolina, according to Consumernotice.org. This number underscores the enduring commitment of affected families to seek redress and accountability for the harm caused by Camp Lejeune’s contaminated water.

Summing Up

In the aftermath of the Camp Lejeune incident, the path forward for future generations is marked by enduring challenges and unwavering resilience. The legacy of Camp Lejeune includes inherited health issues, education challenges, heightened environmental awareness, and an enduring quest for justice.

But amid these challenges, there is also hope. Descendants have emerged as advocates, determined to ensure that others don’t suffer the same fate. They are voices of change, demanding accountability and working toward a future where clean water and a safe environment are fundamental rights for all.

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Preparing Plaintiff in Medical Malpractice Case

Bronx personal injury lawyer

Patients who have been hurt or wounded as a result of inadequate medical care or a misdiagnosis by a medical provider such as a doctor, nurse, technician, hospital, or medical staff seek medical malpractice lawsuits.

Whether a medical professional was “negligent,” or failed to give adequate care, is usually determined by whether the patient would have gotten the same quality of care from another medical provider under comparable circumstances.

While the majority of healthcare workers strive to give the best level of care to all patients, things sometimes go horribly wrong.

Medical malpractice compensation may be available if someone has suffered a loss or harm as a result of poor medical care, misdiagnosis, lack of consent, or a breach of doctor-patient confidentiality.

Medical malpractice lawyers from different law firms can help prepare your case.

How to Prepare for a Medical Malpractice Case

Preparing for a medical malpractice case is very simple and with Bronx truck accident lawyer law firm it is easier.

1.      Make certain you’re pursuing the appropriate goal.

Consider why you want to bring a lawsuit against a healthcare provider. One of the most important things you’ll do during the litigation process is figuring out why. The reason for a person’s desire to sue will influence the nature of the litigation process and may even influence the final outcome. Medical malpractice cases should only involve medical negligence that causes injury.

2.      Do you have a physical ailment?

Remember that just because your healthcare professional has angered you or made a small mistake isn’t enough. The Negligent Act Must Have Caused Injury. Medical misconduct is not always a result of carelessness.

A successful medical malpractice lawsuit attorneys require the plaintiff (you) to demonstrate that the health care provider breached the standard of care (for example, wrongful conduct occurred), that the breach directly caused injury to you, and that you suffered identifiable damages as a result of the breach.

You should think about whether your harm was caused directly by your healthcare provider’s actions or inaction. You’re on the correct road if you feel you can prove these statements.

3.      Gather as much information as possible.

During your initial consultation with your medical malpractice lawyer, you can expect to do a lot of talking and explaining. Your lawyer will need all of the details concerning your possible lawsuit. Medical malpractice lawsuits are no exception to the norm that all legal cases must be founded on evidence. As a consequence, it’s vital that you gather your information and papers ahead of time to ensure that the procedure runs well.

This implies that you should compile a list of healthcare providers who have treated you for the condition that is the basis of your claim. You’ll also need to be able to provide a summary of the relevant medical treatment.

Also, gather all pertinent medical correspondence and documents to bring to your attorney’s office. You might also take the initiative and make a list of questions for your lawyer.

Is it Time to File a Medical Malpractice Case? An attorney can assist you.

An expert attorney will be able to discuss the advantages and disadvantages of your case and advise you on how to proceed.

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When Should I Need a Birth Injury Lawyer?

WHY DO YOU NEED TO REACH OUT TO A LAWYER IN CASE OF BIRTH INJURIES?

Expecting a child is one of the most exciting things for many people. When expecting one, you hope they will be healthy and safe. Even when the child has been safe inside the womb, negligence on the part of the medical professionals can cause traumatic injuries to the child during the birth. Not all injuries are avoidable, but there are some which are. These injuries change the course of the life of the parents and child. If you believe the injury sustained by your infant was preventable, you need to reach out to a lawyer. Birth injury cases can be tricky. You need experienced lawyers like https://wagners.co/birth-injuries-traumas-lawyer/  by your side, who will fight for your right. Following are some of the common preventable traumatic birth injuries and the reasons why you need to reach out to a lawyer. 

What are some of the common preventable traumatic birth injuries?

The injuries which we are about to discuss are considered to be preventable because they are caused due to negligence of medical professionals. An infant can suffer facial paralysis when the pressure from the forceps causes the facial nerves to tear. When this happens, surgery needs to be undertaken. Many times, facial paralysis is permanent. Fracture of the clavicle and brain hemorrhage can also be caused due to negligence. Cephalohematoma is another preventable condition. In this injury, a lump is formed on top of the head. The lump signifies bleeding under the cranial bones. Some other common birth injuries include Brachial palsy, cerebral palsy, infant brain injury, and failure to perform a C-section. 

Why do you need to reach out to a lawyer?

If you believe that your child has been injured due to the negligence of the medical staff, you need to reach out to a lawyer as soon as you can. When a medical professional is assisting you through childbirth, you trust them. You believe that they will protect you and your baby from all harm. If anything happens they will jump in to take care of it. This is the type of care that is expected out of the doctors during childbirth. When they fail to do that, it can cause harm to the mother and the child. The harm can make the child permanently disabled. This negligence will change the course of the life of the child. In such a situation, you must fight for your rights and get the compensation that is required to make the infant’s life comfortable.

When there is a birth injury case, you need an experienced lawyer with a proven track record. This is because Birth injury cases can be highly complex. The team at Wagner’s has the deep knowledge and experience required to handle such cases. They will fight for your rights. With experienced lawyers, you can concentrate on the child’s health. If your baby has been seriously injured, reach out to a lawyer now. They provide a free initial consultation.

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Medical Negligence – Get the Justice with the Help of Medical Malpractice Attorney

If you or a loved one is sick, wounded or need medical treatment otherwise, you put a special kind of faith in your physicians, surgeons, nurses, and other medical professionals. You’re sure they’ll work diligently and effectively to support you as much as possible and avoid the kind of medical malpractice you might expect.

The health care professional will often do the utmost, the most professional job they can. But what if they disappoint you? Even if a medical provider is incompetent and is endangering the life, or the life of a family member? Unfortunately, this is increasingly happening in the United States. A recent study shows that medical errors in this country are the third leading cause of death, surpassed only by cardiac disease and cancer

Medical malpractice occurs when a health care provider provides treatment that falls below the accepted standard of care in the medical community, risking injury and death to the patient. Generally speaking, if a health care provider fails to act when there are others with similar training, the medical professional may be responsible for any possible injury and other damage. You could have a case of medical malpractice in that instance.

An example of a case of medical malpractice:

you go to a hospital to complain about abdominal pain, you will be examined by a doctor, who will then determine the correct course of treatment at this point you established a relationship between patient and doctor. As a doctor he or she has an implicit duty to care for their patients— which includes you. If the doctor decides that you need surgery to remove your appendix, the doctor has a duty to perform this procedure as any other competent surgeon would under the same circumstances.

Patients can be the victims of various forms of medical malpractice. Below are just a few examples.

  1. Hospital malpractice

For example, if a hospital fails to verify that an employee has the appropriate degree or qualification and that the employee causes injury, the hospital may be held liable. Examples

  • Making an inaccurate diagnosis.
  • Refusal of the patient or refusal to give the patient adequate treatment

 2. Anesthesia Errors

Errors in anesthesia are one field where patients may suffer greatly from medical professional negligence. Three forms of anesthesia occur: local, regional, and general. Each is used in different circumstances and brings possibly different complications. One of the most serious complications of an anesthesia accident is perception of anesthesia when a patient wakes up before sleep and during surgery. Examples

  • Choosing the incorrect drug.
  • Giving a drug to an allergic patient.
  1. Emergency room errors

However, incompetence by physicians, nurses, and other members of the medical staff can sometimes lead to severe and debilitating injuries. In an emergency room where a mistake occurs, patients may be able to file litigation to obtain compensation for their injuries. Examples

  • Misreading charts, x-rays or test results;
  • failure to detect cardiac problems which may lead to a heart attack;  
  1. Hospital malpractice

For example, if a hospital fails to verify that an employee has the appropriate degree or qualification and that the employee causes injury, the hospital may be held liable. Examples

  • Making an inaccurate diagnosis;
  • Refusal of the patient or refusal to offer the patient adequate treatment
  1. Medical Device Error

While medical devices are frequently used to diagnose, cure or prevent diseases, their malfunction or abuse often results in a patient suffering serious injury or death.

  1. Hospital Vicarious Liability

Hospitals can be vicariously liable for any injuries caused by the negligence of their employees, including technicians and nurses, because employers have a duty of care to direct and supervise their workers. This liability covers negligence of employees, as well as systemic problems within the hospital, including unreasonably long wait times for the emergency room and infections acquired from unclean instruments.

What Does a Medical Malpractice Attorney Do?

If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can a medical malpractice law firm do for me when I actually find one?

In these cases are inherently complex and require the attention and skill of an attorney who is well-versed in both of these areas. The attorney you choose should:

  • Have a firm understanding of medicine;
  • Be able to navigate through a complex medical record;
  • Know which experts to consult;

An attorney with such know-how will help you pursue your claim for medical malpractice by doing at least the following

  • Reviewing information given to us to decide if you have a claim;
  • Collecting more evidence to support your claim;

Determining the value of your claim;

Although the evidence and facts may be on your side, the strength of your argument may ultimately depend on your attorney’s ability to prove a causal link. Philadelphia Medical Malpractice Lawyers know how to package, present, and explain supporting evidence to a jury; question expert witnesses; Rebut the defense’s arguments through intelligent and thoughtful means; and convert neutral facts into favorable proof or contradict facts unfavorable to your argument.

If you feel ready to file a lawsuit against your medical provider for injuries you or a loved one suffered because of negligence, contact our attorneys today.

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Pelvic Mesh Implants – What Are They & Why Are Women Suing Over Them

We’ve all heard the ominous ads come over the television warning us about medical device issues and lawsuits. You may have noticed a new term on these ads that have popped up, and that is for pelvic mesh implants, sometimes referred to as a transvaginal mesh. Thousands of women have had this surgical tool used and are suffering the consequences. However, if you haven’t had the mesh implants, you may be curious as to what they are, why there are used, and why women are suing over them. Wonder no more!

What Are Pelvic Mesh Implants?

Also referred to as transvaginal mesh, pelvic mesh implants are generally referred to as urogynaecological meshes. The goals sound harmless enough – treating stress incontinence, which sees women dealing with bladder leakage, particularly when doing physical activity. Normally brought on by childbirth or menopause, this can impact up to 20% of women.

Even more commonly, the meshes were also used to treat prolapses of pelvic organs, which includes the bladder, rectum, or uterus. Simply put, a prolapse is when one of these organs becomes discombobulated because the muscles that normally hold it in place become weakened. Most commonly, this affects women after childbirth as the physical effects of both pregnancy and childbirth can vastly impact the muscular structure of the pelvis. In fact, some estimates put the rate of impact of pelvic organ prolapse as high as 50%. Some cases are severe enough to greatly impact the quality of life of women, including causing urinary and sexual issues.

The mesh implants were introduced to combat these issues. Initially, with stress incontinence, they saw many advantages to the use of implants. Previously, open surgery was required to fix prolapses, and the mesh implant surgery only took about 30 minutes, and most patients could go home the same day. Results for this were so good that the mesh was used to treat prolapses as well. In some countries, the use of mesh, often in the form of transvaginal tape, became so popular by 2010 that it was the final treatment option for prolapse in almost a quarter of patients.

So What Are Women Suing Over Them Now?

It turns out that while the results were impressive for stress incontinence, more testing should have been done on the efficacy and side effects of pelvic mesh for prolapse issues. Instead of the same level of success, it turns out that, according to the UK’s National Health Service, one in every 15 women who get the pelvic mesh treatment will need surgery to extract it. Even in those were extraction wasn’t needed, the efficacy of the tape is highly in doubt. A recent survey found that 59% of pelvic mesh patients didn’t feel their initial issue was resolved, and 58% reported painful sexual intercourse after the procedure. While that survey wasn’t scientific, the results still speak volumes. The mesh has also been known to erode and cause severe side effects, like intense pain, bleeding, and recurring prolapse, among many others. This has led some nations to ban the usage of the mesh.

For this reason, class action suits are being filed on behalf of patients from around the world. It is estimated that many thousands of women have received the mesh implants and could be facing these side effects. The lawsuits target the various manufacturers of the mesh, with the largest suit being filed against Johnson & Johnson. The results of these cases are still outstanding, particularly as the negative side effects of the pelvic mesh can take years to show up.

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Common Birth Injury Symptoms – Essential Resources and Information for Your Situation

The birth of a child should be a joyous event, but certain risks come with these moments. Birth injuries, sometimes known as birth traumas, occur when the size or position of the newborn causes complications during delivery, according to Stanford Children’s Health. In situations like these, the baby, the mother, or both may face serious injury. The injury can have a long-term effect on the child as he or she develops.

The following is a breakdown of some of the most common and damaging birth injuries.

Bone Damage – Including Breaks or Fractures

Aside from crying – which is generally expected even from a healthy baby – newborns have few ways of communicating their injury. This is why bone fractures and breaks aren’t always apparent. Signs such as bruising or limited limb movement may indicate a bone injury. As the damage heals, a doctor will likely recommend a splint to aid in successful recovery.

Injury to the collarbone is the most common injury among newborns, according to Nationwide Children’s Hospital. This kind of damage generally occurs when a newborn is larger than average or the mother’s birth canal is narrow. The tools a doctor uses during delivery can also fracture a baby’s collarbone.

Facial Paralysis

This birth injury occurs when too much pressure is applied to the baby’s face during delivery – perhaps due to the use of forceps. The result is facial nerve damage that prevents the baby from moving one side of his or her face. Sometimes this condition improves naturally over time, but in more severe cases, additional surgery might be necessary to correct the problem. If permanent nerve damage occurs, therapy may be needed.

This kind of injury is often easy to notice, as the baby won’t be able to move his or her eyelids, mouth, or another part of the face while crying, according to MedlinePlus.

Brachial Palsy

This type of injury affects a newborn’s arms and hands. When the brachial plexus (a collection of nerves) is damaged during delivery, the baby will be unable to move certain arm muscles or experience pain in his or her limbs. If the damage is limited to the shoulder or elbows, the condition is known as Erb’s palsy, according to Seattle Children’s Hospital.

Depending on the severity of the injury, treatment options will range from the use of a splint to surgical solutions such as muscle and nerve transfers. In some cases, brachial plexus palsy will go away on its own.

Other Injuries

Bone damages, brachial plexus palsy, and facial paralysis are just a few of the many potential birth injuries. Further examples include:

  • Cephalohematoma: Pooling of the blood near the skull
  • Caput succedaneum: Swelling of the scalp due to fluid buildup
  • Subconjunctival hemorrhages: Broken blood vessels in the eyes
  • Asphyxia neonatorum: Lack of oxygen

Some of these injuries are potentially fatal and others resolve on their own. However, no matter the severity of the damage, it’s important that you communicate openly with your doctor and voice any questions or concerns you may have. Your willingness to talk to your doctor just might help your baby avoid long-lasting health issues.

Finding Legal Help

Nearly 4 million babies are born each year in the United States. Unfortunately, deliveries don’t always go as smoothly as families hope.

Often the injury is simply the result of unavoidable conditions, such as the baby’s size. But it’s also possible for poor decision making by a doctor to cause lasting harm to the mother or newborn. If you or your child was injured due to a doctor’s negligence, contact a birth injury attorney immediately. This could be the first step toward receiving compensation for the trauma.

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Things You Should Know About Medical Malpractice: Tips, Advice & More

Medical malpractice occurs when a medical professional fails to provide competent services and causes harm to a patient. It is a common problem in the medical field and, while patient care is the primary concern of most doctors, nurses, etc., sometimes mistakes happen.

If you are a victim of medical malpractice, it is important to understand how and when to file a claim. The laws vary from one state to another, but there are several broad rules that apply in most situations. If you are thinking about filing a medical malpractice case, continue reading to discover some helpful tips and advice.

What Is Medical Malpractice?

The term “medical malpractice” refers to situations in which a health care provider fails to provide appropriate medical treatment or takes an appropriate action, or provides substandard care that results in injury, harm, or death to a patient. It normally involves some type of medical error in diagnosis, health management, prescription dosage, treatment, or aftercare.

According to the Medal Malpractice Center, between 15,000 and 19,000 medical malpractice suits are filed against doctors in the United States annually.

Common Types of Medical Malpractice

Medical malpractice occurs in many forms, and there are numerous situations that can lead to claims. However, most cases fall into one of three categories:

Failure to Diagnose

If a doctor fails to diagnose something that a more competent doctor would have discovered, the patient may have a viable claim. This is also true if a competent doctor would have reached a different diagnose that may have led to a better outcome for the patient.

Improper Treatment

If a healthcare provider provides treatment that is different from the treatment a competent doctor would prescribe, the patient may have a viable claim. If the doctor prescribes the correct treatment but administers it incorrectly, it could also result in a viable malpractice claim.

Failure to Warn a Patient of Known Risks

Nearly all treatments, medications, procedures, etc. have potential risks. It is a healthcare professional’s responsibility to make sure patients are aware of these risks prior to beginning treatment. This is referred to as the “duty of informed consent.” If a patient would not have gone through with the procedure, if they had been informed of the risk, the doctor may be liable for any harm that occurs as a direct result.

Basic Requirements for a Medical Malpractice Claim

If you are considering filing a medical malpractice claim, you must be able to prove certain things. If you are unable to do so, winning your case is highly unlikely. You must be able to show that:

A Physician-Patient Relationship Existed.

When filing a medical malpractice claim, you must be able to prove that you had a relationship with the healthcare provider you are suing. This basically means that you need to be able to show that you hired a healthcare provider who agreed to be hired. In other words, you can’t sue a doctor for sharing bad medical advice if he or she wasn’t your doctor at the time when the information was shared.

The Healthcare Provider Acted in a Negligent Manner.

Being unhappy with your treatment or results does not necessarily mean that you have a case. In order to prove malpractice, you need to be able to prove that the doctor acted in a negligent manner in connection with your diagnosis, treatment, or aftercare. You must be able to show that you experienced harm that would not have been caused by a competent doctor under the exact same circumstances.

You will likely need to have another medical professional discuss the correct standard of care and explain how the defendant failed to provide that standard during the course of your treatment.

The Negligence Directly Resulted in Your Injury.

Medical malpractice cases often involve patients who were already injured or sick. This leads to questions of whether negligence caused the harm or if it is completely related to a preexisting condition.

If a cancer patient dies, for example, it can be extremely difficult to prove that death occurred as the result of negligence rather than the cancer. In a medical malpractice case, the patient or a representative must be able to prove that it is more likely than not that the doctor’s negligence or incompetence directly caused harm to the patient. This normally means needing to have a medical expert testify that the harm was directly caused by the healthcare provider and not a preexisting condition.

The Injury Caused Specific Damages.

Even if it is abundantly clear that the doctor or other healthcare provider did not provide the expected standard care, a patient can’t sue for malpractice if harm did not occur. When filing and defending a claim, you must be able to show that you are suffering from a specific type of harm, such as mental anguish, physical pain, lost work or lost earning capacity, or additional medical bills. You may need to have a medical expert testify or provide evidence showing that you are suffering from such things as the result of harm caused by a medical practitioner.

Winning a Medical Malpractice Case

Medical malpractice cases are often complex and, because the laws vary from state to state, knowing how to win a case isn’t always easy.

In most states, you need to file the claim quickly. Some require claims to be filed within six months, while others allow up to two years. You may need to submit your claim to a malpractice review panel prior to filing a lawsuit. You may need to give the healthcare provider special notice that you are filing a claim.

How to Choose A Lawyer For Your Medical Malpractice Lawsuit

Expect to need testimony from experts. Medical malpractice is difficult to prove and having a medical professional (or professionals) on your side who can provide expert testimony is the best way to achieve a favorable outcome.

Don’t try to take on a medical malpractice case on your own. Work with an attorney who is experienced with these cases in your state. The value of an experienced medical malpractice attorney is immeasurable and working with one is the best way to achieve a favorable outcome in your case.

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How to Choose a Lawyer for Your Medical Malpractice Lawsuit

If you or a loved one has been harmed due to a healthcare provider’s negligence, one of the first things to do is to find an experienced medical malpractice lawyer with a history of success. Here are some tips to make the process less overwhelming for you. CHALLENGES FACING VICTIMS OF MEDICAL MALPRACTICE Read more

Rhonda Burgess is the Marketing Director for Kopelman Sitton Law Firm. They specialize in providing personalized, quality representation of those who unfortunately suffered catastrophic injuries and death, or the destruction of property as the result of negligence or misconduct of others.

Challenges Facing Victims of Medical Malpractice in Canada

While medical malpractice can be difficult to prove, it can be especially difficult to prove such claims in Canada. Research suggests that in Canada approximately 70,000 people a year suffer from a preventable, serious injury as the result of medical treatment, and another 38,000 to 43,000 people die annually as a result of medical malpractice. Despite these statistics and the known issue of doctors failing to perform the functions of their job correctly thereby injuring patients, little is done to hold medical professionals responsible for the harm they cause. Read more

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