71 year old Dr. Richard Klein knows a thing or two about practicing medicine.  He’s also honest enough to admit that there is a growing problem involving medical errors in this country.  In fact, he’s written a book about it, warning both patients and doctors about the risks of medical malpractice.

It’s titled “Surviving Your Doctors” and it’s being considered somewhat controversial among Klein’s colleagues.  The book addresses the staggering statistic that one in every 100,000 people die each year of medical malpractice and talks about ways that medical errors occur and how to avoid them.

Some of the leading causes of medical mistakes, according to Klein, involve doctors sticking with initial diagnoses that turn out to be wrong, ignoring other information and data, and, of course, the simple act of not paying attention.

Klein has had plenty of experience with medical malpractice, albeit on the other side of the spectrum.  He has served as an expert witness in numerous court cases involving negligence and the legal process involved in these kinds of lawsuits.

Not surprisingly, there are plenty of doctors who oppose Klein’s views.  Dr. Klein says, “Every time I mention it to my colleagues, they say ‘Don’t go there. Don’t mention it.’ They deny the numbers,” he says. “But something ought to be done about it. We’ve got to talk about it. It’s a pandemic.”

The book is scheduled to be released in December.  As consumers, and particularly as patients, we can never be too educated about our own safety, so you may want to add this one to your holiday ‘wish list’.

In a rare move, a Florida judge decided to throw out a jury’s verdict and grant Lisa Strong a new trial in her medical malpractice claim.  He felt the evidence was overwhelming in the case where a kidney stone was misdiagnosed causing a life threatening infection that resulted in amputation of all four of Strong’s limbs.

In September of 2003, Strong was at work when she started feeling ill.  She decided to go to the ER when her fever hit 106 degrees and she was having trouble walking.

Strong immediately informed the nurse treating her that she’d had a history of kidney stones and felt that she was experiencing another one.  But her concerns were ignored, and so was her kidney stone.  Left untreated for a month, the stone led to a deadly infection and septic shock which cut off the blood flow to her arms and legs.

When the infection first started to set in, Strong thought if she exercised she could get the circulation to her limbs back.  She was gravely mistaken.  A month after her first ER visit, doctors were forced to amputate all four of her limbs to save her life.

Ms. Strong sued the doctors for negligence but the jury ruled against her.  Judge Charles M. Greene disagreed, however, and reversed the jury’s decision.  He stated that the verdict was “contrary to the law and the manifest weight of the evidence”.

It’s extremely rare that a judge reverse a jury’s verdict.  In fact, it happens in less than a half a percent of cases.  Judge Greene clearly saw the impact that the misdiagnosis and other medical mistakes had on Ms. Strong’s life and felt it warranted justice.

Learn more about Lisa’s story at www.lisastrong.org.

You’ve been injured.  You feel wronged and angry, and blame your doctor or nurse for your pain and suffering.  You spoke with a medical lawyer, or perhaps a few of them.  And not one of them agreed to take on your case and represent you.  Why?

There are many reasons why a medical lawyer might refuse a case.  First of all, not every medical mistake constitutes malpractice.  Often people feel wronged and want someone to blame, but a medical lawyer knows what to look for in legitimate malpractice cases.  If certain elements don’t exist, they likely won’t take your case.

So what things do medical lawyers look for when deciding whether to represent a client?

Was there duty of care? Did the medical practitioner have an obligation to provide quality care to the patient?  This question is most often answered ‘yes’ however there is more to the story than just duty.

Was that duty breached? This is often the element that will make or break a case, and therefore determine whether a medical lawyer will pursue a lawsuit on your behalf.  Just because you suffered an injury doesn’t necessarily mean it was due to your doctor breaching his duty of care.  Unless there is a good chance that this can be clearly proven, you don’t have a case.

Was there injury?  If the answer to questions one and two were yes, but there is no significant injury or harm to you, again, you have no case.  You certainly can’t seek compensation for injuries you cannot prove.

Medical malpractice is by no means a black and white scenario, and every case is unique.  But medical lawyers are experienced and know exactly what a judge or jury will look for in a negligence claim.  If your case is weak or difficult to prove, it is likely that a truly experienced and qualified attorney will turn you down.  If you’ve found yourself unable to find legal representation, by all means get a second opinion.  But don’t be upset if you are told you simply do not have a case.  Often it will save you time and anguish in the long run.

What is medical malpractice, anyway? You hear the term on television all the time, but do you truly understand what it is, and how to file a medical malpractice suit if you needed to?

First you must understand what constitutes a medical malpractice claim. It occurs when a doctor or health care provider fails to provide a patient with competent care or medical treatment. But not every bad experience with a doctor can be considered malpractice. There has to be substantial impact on the patient, and it has to be proven that such impact was caused by negligence on the part of the doctor or health care provider.

If a patient consults with a doctor, and presents symptoms that could be attributed to a number of different illnesses or conditions, the doctor is responsible to explore the different possibilities and treatments for the patient. If the medical practitioner takes the appropriate measures to do so, but ultimately ends up misdiagnosing the problem, this doesn’t necessarily point to medical malpractice. The problem arises when a doctor knowingly fails to treat a patient properly, and this negligence results in personal injury to the patient.

So what do you do now? You feel that you’ve been a victim of medical malpractice negligence, have suffered personal injury as a result and you now want to be compensated. First things first, you must contact an attorney that specializes in medical malpractice suits. Your attorney will then work with you to get your case in order and prepare for possible trial.

The first, and possibly the most important part of a medical malpractice suit is evidence. There is no way you will win a settlement for malpractice if you can’t provide evidence to support your claim of negligence. For this reason, it is critical that you keep detailed records of every aspect of your case. The next step involves your attorney obtaining your medical records and having an impartial third party review them to help determine if there truly was medical negligence in your case.

If it is determined that you do, in fact, have a medical malpractice suit, notice will be sent to the health care provider involved. He or she will then have 90 days to prepare a case in their defense. At that point, there are three options available for the defense: settlement out of court, acceptance of liability and settlement through arbitration, or denial of the claim. If the latter is chosen, you’ll be heading to court.

Should your case end up in litigation, your attorney will present the evidence and medical records he or she has compiled, as well as the detailed medical report from the impartial third party to prove your medical malpractice case. The doctor or medical practitioner will present their own evidence in their defense. If it’s determined that medical malpractice did occur, you will be awarded a monetary settlement to compensate you for the personal injury you have suffered and to punish the doctor for their negligence.

The bottom line is, not every medical mistake constitutes medical malpractice. You need an experienced attorney representing you, and you must have a solid case with ample evidence that proves medical negligence in order to win your case and be awarded a medical malpractice settlement.