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Do You Have a Medical Malpractice Case?

by | Feb 22, 2016 | Medical Malpractice | 0 comments

From doctors to nurses, surgical instruments to medications, diagnoses to treatments, healthcare is a chain of risks. If you feel that your healthcare has been compromised by a healthcare professional, you may have a medical malpractice case. Here’s what you need to know.

What is Medical Malpractice?

According to the US National Institutes of Health, medical malpractice occurs when a medical provider’s negligence causes injury. Since malpractice is both a medical issue and a legal issue, it requires that a patient offer proof of the following:

  • The medical provider owed a professional duty to the patient.
  • The provider breached that duty.
  • The breach caused injury to the patient.
  • The patient experienced financial or other losses due to the injury.

How Common Is Medical Malpractice?

An analysis of medical malpractice lawsuit payouts in 2014 showed:

  • Over $3.8 billion was paid out during the year.
  • The most common types of allegations in medical malpractice lawsuits were incorrect diagnoses (33%), followed by surgical negligence (24%).
  • An astonishing 30% of incidences of medical malpractice resulted in the patient’s death.

Do You Have a Medical Malpractice Case?

When thinking about whether you have a medical malpractice case, consider the following questions:

  • Did your medical provider fail to meet a reasonable standard of care?
  • Did this negligence of good care directly result in an injury to you?
  • Can you document the financial cost of your injury, from medical bills to loss of wages?

If you answered “yes,” to any of the questions above, it’s time to contact a medical malpractice lawyer for advice on how to proceed.

How Can You Protect Yourself?

Healthcare will always involve some risk; however, you can adopt good habits that can help to lower some of the risks and provide you with the necessary legal documentation if something negative happens.
 

  • Research your health conditions or diagnoses. Being informed makes you a partner in your own health care and helps you make better decisions.
  • Keep written details of your appointments, test results, and a diary of your symptoms. Write down questions you have and print them out for your doctor to answer.
  • Get a second opinion: Life-threatening diagnoses require precision care and timing. Never be afraid of working with your health insurance provider to get a second opinion.

Client Testimonials

“Where do I begin, I found Eric Mausner by accident when my fiance got into an accident back in July of 2019, Eric and his paralegal Janelle worked on our case diligently and closed the case quicker than we expected! In October my fiance was involved in ANOTHER accident but this time it was a more serious motorcycle accident and he was in the hospital for about three months. I only knew then I had to call Eric and Janelle right away. They were the best, not only did they come and visit us in the hospital to make sure we both were doing ok, but they came to get everything started! long story short, The case closed today! We got everything we hoped for and more. Eric and Janelle are the best to work with and I would recommend their office to EVERYONE that needs an accident attorney!”

Ashley Guerrero

“Eric Mausner and the team at Balkin & Mausner are excellent at what they do. With a tremendous work ethic, Eric represents his clients with both zeal and professionalism. He is a victim's advocate who commits to make sure that the case is pushed through to its rightful conclusion.”

Daniel Wolf

“My girlfriend was involved in an accident. Immediately, I called Eric and he stayed on the line with me from start to finish to make sure that I received the proper legal assistance.Eric went above and beyond to help me and I cannot be anymore grateful for his professionalism and attentiveness. He will be the first person I call if the unfortunate circumstance ever arises again.Thanks Eric!”

Jory Cass

“I'm very happy that I went with Eric Muasner Law, P.A. Him and his associates were extremely professional and very pleased with the results. I received three times more than what I originally expected! Thank you! Thank you! Thank you!”

Eric Brito

“Chuck Balkin represented my father 22 years ago when he was working in construction and a scaffolding failure led to some pretty substantial injuries. On that referral, I called Balkin & Mausner to speak to him after I was in a motorcycle accident. I was promptly put through and he asked me how my Dad was doing. He remembered everything about my Dad and his case as if they were old friends. I promptly signed-up with him. From there, everything was so easy, and my case was settled quickly. I would recommend him to everyone.”

Matt Samuel

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