Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.
Have you complied with your statute of limitations? Sometimes we have to tell veterans and service members that we cannot help them because they did not contact us soon enough. If you have a medical malpractice claim against an Army, Navy, or Air Force military hospital, you should contact us as soon as possible because your statute of limitations runs out.
Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.
^ Department of Revenue v. Kuhnlein, 646 So.2d 717, 721 (Florida Supreme Court 1994) ("The State next argues that the cause below was barred by the state's sovereign immunity, by an alleged common law rule that no one is entitled to the refund of an illegal tax, and by the requirements of Florida's refund statutes. Even if true, these are not proper reasons to bar a claim based on constitutional concerns. Sovereign immunity does not exempt the State from a challenge based on violation of the federal or state constitutions, because any other rule self-evidently would make constitutional law subservient to the State's will. Moreover, neither the common law nor a state statute can supersede a provision of the federal or state constitutions.").
Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
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You may have a complaint about improper care (like claims of abuse to a nursing home resident) or unsafe conditions (like water damage or fire safety concerns). To file a complaint about improper care or unsafe conditions in a hospital, home health agency, hospice, or nursing home, contact your State Survey Agency. The State Survey Agency is usually part of your State’s department of health services.
Navy Medical Malpractice Birth Injury $2,322,359 received by clients with lifetime benefits $600,000 attorneys' fees $77,641 litigation expenses Carman v. United States Portsmouth Naval Medical Center During labor and delivery, Navy providers failed to timely respond to our client's placental abruption causing permanent and severe brain damage to her baby.
At the law firm of Wocl Leydon, our skilled Stamford medical malpractice attorneys represent clients in a wide range of cases involving negligence on the part of doctors, hospitals and other health care providers. We are recognized throughout Connecticut for our legal excellence in these matters. In fact, other attorneys frequently refer their medical malpractice cases to us, trusting that we have the experience and resources needed to effectively handle these complex cases within the statute of limitations.
Experience: All attorneys are not created equal. Many attorneys today work as general practice attorneys, meaning they handle all types of cases from criminal matters to civil suits. However, if you have experienced a case of medical negligence, it is important to have an attorney who specializes in medical malpractice. You do not want a lawyer whose first trial is going to be this case. Even attorneys who specialize in civil matters rarely go to court, as many of their cases settle without a trial. At The O’Keefe Firm, Stephen O’Keefe has had years of actual trial experience specializing in medical malpractice cases. Although your case may be resolved without stepping into the courtroom, you can be assured that Mr. O’Keefe has the trial experience necessary to fight for your rights in front of a jury.
Other states require that you file an "affidavit of merit" (or a similarly-named document) with the court when you first begin the lawsuit. This is a sworn statement from a qualified medical expert testifying that you appear to have a valid case for medical malpractice. Once again, if you don’t provide the expert affidavit at the beginning of the case, the court will throw the lawsuit out. Depending on the state, there might be either a screening panel or an expert affidavit requirement or both or other similar requirements.