MEDICAL MALPRACTICE & MEDICAL NEGLIGENCE

What is Medical Malpractice?

Medical Malpractice, also called medical negligence, is the failure of a medical professional to meet the standard of good medical practice in the field in which the medical professional practices.

Medical malpractice occurs when a healthcare provider - doctor, hospital, HMO, nurse, other individual or entity licensed to provide medical care or treatment - does something that competent doctors would not have done, or fails to do what a competent doctor would have done, resulting in personal injury or wrongful death.

Medical Malpractice law is complex and therefore it is important to engage an experienced malpractice lawyer or attorney who understands the complex issues that apply. Medical malpractice claims involve analysis of medical records and all tests and studies such as MRI, CAT Scan, pathology studies, etc. to determine the viability of the claim. If you or a loved one have been a victim of medical malpractice, you should act promptly to preserve your rights.

Medical Malpractice Tips:

Medical Malpractice Attorneys & Lawyers who concentrate in medical malpractice can advise whether it is worth your time to pursue legal action.
Most experienced medical malpractice attorneys work on a contingency fee basis, which means that if you do not win your case, you will pay no fee. Be wary of those who require money up front.
An experienced medical malpractice attorney can cut through red tape and the maze of paperwork required to resolve your claim.
During the investigation phase, an experienced medical malpractice firm utilizes the highest caliber, Board Certified Medical experts, and employs full-time medical investigators. The combined experience gained through thousands of successfully resolved cases is applied to each new case through a team approach.
An experienced medical malpractice attorney will be able to provide advice on how to resolve your dispute without having to take your case to trial. This can save you time, money and the emotional energy needed to fight a court battle.
The hospital or doctor will have a skilled medical malpractice lawyer, usually paid by their insurance company. They will attempt to throw out your claim on technicalities. Having a professional medical malpractice lawyer in your corner will ensure you meet all steps along the way to help win your case.
An experienced medical malpractice attorney has experience with insurance companies and will not be misled by their tactics or force you into an unfavorable settlement.

MEDICAL MALPRACTICE: POTENTIAL CONSEQUENCES FOR UNLAWFUL ACTS

A physician is not personally liable for erroneous claims due to mistakes, inadvertence, or simple negligence. However, knowingly signing a false or misleading certification or signing with reckless disregard for the truth can lead to serious criminal, civil, and administrative penalties including:

Criminal prosecution;

- fines as high as $10,000 per false claim plus treble damages; or
- administrative sanctions including: exclusion from participation in Federal health care programs, withholding or recovery of payments, and loss of license or disciplinary actions by state regulatory agencies.

Physicians may violate these laws when, for example:

- they sign a certification as a "courtesy" to a patient, service provider, or DME supplier when they have not first made a determination of medical necessity;
- they knowingly or recklessly sign a false or misleading certification that causes a false claim to be submitted to a Federal health care program; or
- they receive any financial benefit for signing the certification (including free or reduced rent, patient referrals, supplies, equipment, or free labor).
- Even if they do not receive any financial or other benefit from providers or suppliers, physicians may be liable for making false or misleading certifications

Resources:

MALPRACTICE LAWS BY STATE

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Medical Malpractice Attorneys: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming