#medical malpractice lawyer deer park tx

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Surgical Complications: 4 Circumstances That May Allow You To Sue Your Doctor

Any surgery carries a number of risks, whether it is required for continued quality of life or a voluntary procedure. Before surgery, your doctor will likely inform you of the dangers involved and have you sign a consent form that outlines them. However, if you encounter unexpected complications afterward, you may wonder if you have the right to sue your physician. Before you move forward and hire an attorney, there are a few circumstances to consider that could affect your case.

1. The State of an Informed Consent Form 

Before surgery, your physician will likely sit down with you and walk you through a consent form that describes the possible complications as a result of the procedure. For example, if you are pregnant and your obstetrician tells you that a natural birth is not possible and you require a C-section, he or she might discuss such dangers as post-op infection, blood clots, risks to the infant and problems with future pregnancies. The more risks that are listed, the less likely you will be able to sue afterward if one or more of these complications arise.

2. Unlisted Complication 

You may be able to sue your physician if you are suffering from a complication that is not listed on the consent form. Some complications are rare; however, if they are known possibilities, they should be mentioned. You may need to ask your attorney about the laws regarding rare side effects of your particular surgery and whether your doctor failed to protect you or acted within his or her rights during the consent stage of your procedure.

3. Who Signed the Consent Form

If you underwent emergency surgery, such as an appendectomy, someone else may have signed your consent form, such as your spouse. In cases like this, the consent procedure might be somewhat rushed, and the person signing the form may not be made fully aware of possible complications. Such issues may be discussed with you after the fact, but if you are already suffering from issues such as blood clots or uncontrolled bleeding, you or your spouse may be able to sue.

4. An Incomplete Consent Form 

Your consent form can be an important circumstance when it comes to your right to sue for medical malpractice. If it is poorly written or incomplete, this may strengthen your case. It is important that you obtain a copy of the form so you can submit it to your attorney for further perusal.

Not all surgeries end with complications, but they are a distinct possibility with any procedure. If you believe you have the ability to sue your doctor for malpractice under these circumstances, contact a medical malpractice lawyer in Deer Park, TX for further information and assistance.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and surgical complications.

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What to Expect in Upcoming Medical Malpractice Tort Reform

Medical malpractice law frequently changes, and it varies widely by state. State legislatures are lobbied by medical associations and insurance providers to limit medical malpractice payouts. How can this affect your rights in the future?

It's All About Containing Costs

Insurance companies are motivated by one thing - limiting claims. The arguments they (along with medical providers) typically provide legislators revolve around limiting medical costs.

It's certainly reasonable on the face of it to say that medical costs should be contained. Of course, the best way to limit malpractice claims would be to avoid malpractice incidents.

Isn't "Defensive Medicine" Often Best for the Patient?

From the perspective of healthcare systems arguing for lower costs, tests which are ordered to provide greater assurance for physicians and patients are "defensive medicine," and something to be avoided. But as a patient, you're better served by a test that may prove to be unnecessary than a missed diagnosis.

Caps On Awards Are Limited in Scope

It may sound reasonable to cap awards to limit health care costs. However, courts have consistently found that awards for actual damages cannot be capped; the only caps that have seriously been considered are in the arena of "non-economic" damages, i.e. pain and suffering, wrongful death, and other forms of punitive damages. These type of damages are traditionally difficult to win in any case.

This means that the types of damages that are sometimes capped in tort reform measures are not the major driving force in malpractice costs. But they are a driving force in providing a disincentive for physician misconduct, and as such are important in limiting the amount of malpractice that goes on in our medical system.

Contingency Fees Under Attack

Traditionally, medical malpractice lawyers are compensated by contingency fee arrangements. This has come under criticism by defenders of the medical system because the injured party's awards are diminished by these fees. While it would be ideal to not have any fees to contend with, the fact is that when insurance companies fight fair settlements, significant expenses mount up. Expert witnesses, hours of litigation and negotiation by skilled professionals, and many more hours of research all cost money. Not all cases are won, for that matter. The contingency arrangement has allowed many plaintiffs to proceed with their cases despite not having the financial resources to fight on their own.

Given the uncertainty of medical malpractice law, you should move forward with a consultation with a medical malpractice lawyer in Deer Park, TX if you believe you've experienced medical malpractice. Don't let future legislative action deprive you of your rights.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and tort reform.

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When to Contact an Attorney for a Medical Malpractice Case

Medical malpractice cases are filed by a patient who has been injured or experienced unnecessary damages of some sort due to negligence or an extreme mistake on the part of a doctor or other healthcare professional. Doctors and most individuals in the medical field care deeply about their patients and use their best judgment to help them heal. Sometimes, however, mistakes happen and something catastrophic can cause a lot of pain, suffering, and even large financial losses.

If you know that your case is very severe, especially in the case of death of a loved one, it is best to speak with an attorney as soon as possible. They will have a good idea right away of whether your case has any merit to move forward with, and they will be able to help you complete each step efficiently and well within state deadlines.

Determine What Happened

If you’re unsure of the severity of your claim, then before calling a lawyer, it’s important to give the professional in question a chance to explain what happened. Tell them what your current situation is if they are unaware, and see if they’re willing to explain their line of reasoning and if they have any solutions or are able to do some work for free to make up for their mistake.

Contact the Licensing Board

Your state or specific medical licensing board is able to issue warnings and discipline your doctor. More importantly, they have the power to take licenses away. If when you spoke with your doctor, they were unwilling to help your situation, you can file a complaint against them with the licensing board.

Complete a Certificate of Merit

Many states are now requiring completion of a certificate of merit before continuing with your medical malpractice case. To do this, you must speak with another health care professional, such as a doctor who is not affiliated in any way with your doctor. They can examine your health records and decide/certify whether you were indeed hurt due to medical malpractice.

Be Aware of State Deadlines

Each state has a statute of limitations for filing a medical malpractice case, so be aware of what the deadline is in your state, so you don’t miss your chance to be compensated. Your lawyer will be well aware of these timelines.

If you make it this far into your proceedings with your case and have not yet spoken with a personal injury lawyer in Deer Park, TX, this is a good time to contact someone. They can help you file the certificate and will know how to proceed from here. Protect your rights and increase your chances of being compensated for your losses.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and when to contact an attorney.

[zaidlaw-blog]

Unpaid Medical Expenses and Your Credit Score

Medical bills can soar into the thousands in our current economy. Of course, insurance and other programs are there to offset the imbalance, but they may not cover everything. This leaves the majority of people with a large medical debt. Sometimes, these cannot be paid off in a timely way or at all. So, what happens to your credit score when it comes to medical debt in particular?

Your Medical History

You may feel safe knowing that the credit companies will most likely not know your medical history. If you have unpaid debt, your account can be sold to a collection agency. This will happen after six months have passed.

However, the agencies that receive your account will not reveal the names of your doctors or the medical office on the credit reports. Regardless of your hospital visit’s nature (personal injury or otherwise), the debt will then become another mark on your credit report. This can be managed a few different ways.

Your Credit Report

Medical delinquencies can stay with you for 7 years. Of course, the effect will decrease over time as it lessens the impact on your score, and eventually falls off entirely. Like other debts purchased by a collection agency, it may hurt your credit score.  Remember, payment history is a heavy factor in determining the final number, and the missed payments for medical debt count just as much. However, unlike most other debts, Experian may not show medical collections until after 180 days have passed. This is considered a “grace period,” in which you can take advantage and settle any outstanding financial matters with your medical institution. This grace period is a new addition to the credit system, added in 2015.

Dispute or No

One step you may take after seeing a medical collection on your report is to verify its status. This includes:

Checking all the information on the debt

Verifying the debt is actually under your ownership

Weighing the positives for paying it

When it comes to medical debt, the collection agencies treat it a little differently from other types. You can feel safe that the nature of your medical history will not be revealed, but the rules for your credit score are mostly the same. Take the time to review the medical case by verifying all the information. If it seems in your best interest to pay it off sooner than other debts, do so. Remember, it is better for your score to settle these older accounts. A healthy score can only make your life easier

If you’ve been injured and can’t afford your medical bills, a medical malpractice lawyer in Deer Park, TX can help. Call a law firm today.

Contact John K. Zaid & Associates for their insight into personal injuries and medical expenses.