Medical Malpractice
Malpractice claims arise when a physician or other medically trained person doesn’t perform to the standards of their profession. In many cases, harm may be concealed, even when a patient suspects there has been a mistake. Patients may not want to get their doctor in trouble. Or they may think the matter can’t be proven with certainty. They may even assume there is no legal remedy.
First, understand that medical errors are far more common than is commonly known. About half occur in Emergency Medicine situations and half in other types of care.
The high incidence of ER errors is due partly to cutting corners. Too often, ER personel rely on subsequent care to catch and fix any mistakes they make.
Unnecessary haste is one pervasive cause that can lead to an inadequate patient history being taken, improper physical exam, too-quick diagnoses and other errors.
Do I have a case?
A successful malpractice lawsuit depends on proving two things: 1) A medical professional failed to act to the standards of their expertise; and 2) there was harm done to the patient.
Not properly acting can include failure to get correct testing or seek another opinion. It may also mean failing to act as much as acting inappropriately. The harm element can be physical, emotional or a combination.
Establishing these elements and seeking full, fair and satisfactory compensation is the job of the medical malpractice law firm. Generally, you will have to undergo an independent examination and testing to demonstrate injury. Expert opinion may be sought as well. Your medical records are a key piece of evidence and documentation in the form of a diary or journal is recommended.
Other types of medical malpractice include:
- Failure to diagnose cancers such as prostate, lung or colon cancer
- Severe birth injuries such as shoulder dystocia and cerebral palsy
- Vaccine and blood transfusion contamination
- Surgical negligence such as utensils left in the body of the patients
- Anesthesia errors and negligence
- Cosmetic surgery failures and disfigurations
More can be found in our FAQ or if you would like our firm to take a look at your case, please contact us. Your information will be kept confidential and you are under no obligation.
Neuhardt Law
Located in Billings, Solomon Neuhardt practices injury and negligence law. He will be able to negotiate on your behalf with a malpractice insurance company. Sol will work to establish the facts of the case and help you decide how to proceed.
Interestingly, the physician involved often does not decide whether to settle or sue. The malpractice insurance company can decide to settle even when a doctor wants to fight. And insurance companies know that average settlements are three times higher when an attorney is involved. The stronger the case, the more likely they will resolve the issue out of court. In fact, about 90% of claims are settled through mediation.
Best Practices of Insurance Companies
Solomon Neuhardt has been representing individuals against insurance companies for years. Get your FREE copy of this book and benefit from Sol's experience. This is a light and humorous read and a definite eye-opener on the best practices of insurance companies.
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Neuhardt Law Firm, P.C.
945 Broadwater Square
Billings, Montana 59101
P.O. Box 2275
Billings, Montana 59103
Phone: 406-670-4752
Fax: 406-656-3044
Toll Free: 888-820-3346
E-mail: info@mtaccidentattorney.com
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