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How do I report medical negligence?

How do I report medical negligence?

Medical negligence can happen in a variety of situations. It can happen in a doctor's office, it can happen in a hospital, it can happen in a nursing home. We know from studies that almost 20% of all medical encounters result in some type of medical negligence causing an injury to that patient. In each one of these situations at some point if you find out that that error took place to report it to the proper medical authorities. In each state, we have a Department of Health.

In New York State, the Department of Health is charged with the responsibility of investigating those errors. When it comes to medical events in a doctor's office, each state has a separate disciplinary body that will again perform an investigation. But it's not enough that you rely upon the state to perform the investigation. You need to hire a private attorney to perform our own investigation, to obtain hospital records, to have those records reviewed by an independent medical consultant to determine exactly what happened, why it happened and how it could have been prevented.

When you retain the law firm of De Caro & Kaplen, we will do all this for you and we will make sure that you get the justice that you deserve.

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How to prove a malpractice suit?

Medical malpractice cases are very complicated cases because they involve very detailed areas of medicine. So it's really important that when a client comes in they have all their medical records, all their pharmacy records, all their test results. We will go about acquiring all these records before we can make any determination.

Once we've established that and we give all this information to a competent specialist to review the case, then we will commence an action. Then there's a process of discovery, and there will be depositions which are oral testimony where you'll explain what happened. After that, the insurance company will have a doctor examine you to confirm your injuries and we'll proceed through the rest of discovery until the case is ready to be put on the trial calendar.

Statute of limitations in a medical malpractice case is very short, so it's important that you consult an attorney as quickly as you can.

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Can I change lawyers in the middle of a case?

Changing lawyers
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It's important for clients to know that they can change an attorney any time they want for any reason at all. If they feel that their attorney doesn't really understand them, doesn't understand the nature of their injuries, doesn't understand what happened and the law behind the case, or if the lawyer is rude or disrespectful, or they just have lost confidence in their attorney, people should know that they can change an attorney at any time.

It will not impact any fees that get paid, and so they shouldn't feel that they're going to have to pay a second attorney. Incoming and outgoing attorney will share the attorney fee which is a percentage of the recovery, and it only applies if the client was successful in getting a recovery. If you believe that your attorney is not properly representing, then you have the right to demand proper representation. You are worth it, your case is worth it, you should seek out a qualified and concerned attorney who will represent your best interests.

Free Consultation

Our attorneys have the passion and persistence to take on the toughest brain injury claims—and win. Call us today for your FREE consultation.

Toll Free
(866) 272 4652

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Do I have a medical malpractice case?

Do I have a medical malpractice case?

Well, that depends. That depends if the doctor did something wrong. That depends if the doctor didn’t do something that they were supposed to do. We won’t know that until we have the opportunity to review your medical records, your hospital records and take those records to a qualified expert to get his or her opinion. These are individuals that we retain, who we trust to tell us the truth about what happened to you.
After we do that, we will be in a better position to look at the medical literature, textbooks, medical articles to see what the current standards are for the treatment of your condition, to see if your medical professional met those standards.

How do we prove a medical malpractice case?

 

How do we prove a medical malpractice case? The first step in the process is, we need to get our client’s medical records. If they’ve been in a hospital we need to obtain their hospital records. We need to carefully review those records then we need to present those records to what we call an expert. An expert in the proper specialty, to also go through those records, sit down with us and analyze those records to see if the doctor conducted himself or herself in accordance with the appropriate standard of care. That’s what the law calls it.

Did that individual do something that they weren’t supposed to do? Did that individual not do something they were supposed to do? Did that act or failure to act cause an injury to our client? Sometimes, however, even though that hospital record is supposed to be the patient’s best friend, that record doesn’t tell us everything. We have the right to presume if the doctor didn’t write it in the record, it wasn’t done. We will carefully look at these records to see what’s there, we will see if those records were even changed or altered. Sometimes, unfortunately, that happens. That’s real life and when that happens we want to discover that and show that in a court of law.

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