Your malpractice questions should be answered
|Q: What constitutes malpractice and what is required to prove it? |
A: A great deal. Another definition is actionable negligence. In simple terms, this means that a health care provider failed to do something he should have done, or did something he should not have done as compared to other reasonably careful doctors under similar circumstances AND that this action or inaction caused you some permanent harm which would not have happened with proper care. None of this can be speculative. Your medical records are a major source of information to make this evaluation.
Q: Do you really answer my question at no charge to me?
A: Yes. The more specific and definite your question is, the quicker I can answer. My response is not legal advice; simply an answer to help you evaluate the situation better.
Q: *** Can I get my medical records? ( PLEASE READ ALL THIS )
A: Yes. Do not take "no" for an answer from anyone. You are entitled to copies of each and every piece of medical information which concerns you anywhere in the U.S. You have to ask for them, making it clear that you know you can get them, and you often need to insist and accept no excuses. The request for medical records is made at your doctor's office for his office notes and at the medical records department of your hospital for all events happening while you were a patient therein. These usually require you to sign a release of information request form which they will provide for you. There may be a copying charge. If you want to present your records to me for a complete malpractice evaluation or if the records are being collected in preparation for litigation, be sure to specify what you want and do not accept summaries that the health care providers choose to give you. Specifically request ... "Each and every page of medical record information available including but not limited to: Office notes, discharge summaries, history, physical exam, progress notes, operating reports, operating room records, anesthesia sheets, consultation requests and reports, all laboratory and imaging results, memos, letters, insurance forms, bills, and all other written records concerning me in your possession. Please do not provide me with extracted or redacted copies, nor be selective in what you think I want, but include all the materials requested whether or not they have been completed or signed. I do not wish to wait for completion; you may send those later."
Q: What if my request for records is refused
A: There may be a 3-5 day delay; but no more. If you request records mentioned herein in writing and are refused, try to get such a refusal in writing. However, initially indicate that you plan to report such a refusal to provide you with copies to the State Medical Board, and to the Secretary of State, and to the local County Medical Society, and to the newspaper; and do so. The records will be produced.
Q: When can I sue?
A: Anytime within the statute of limitations, which vary from state to state between 1-4 years. The statute of limitations is most often two years from the time if the incident, after which time you will be permanently barred from suing.
Q: I have a lawyer and then saw your web site.
A: My offer to answer a question for you also includes my willingness to talk to your attorney or answer the question for him at no charge. But, if you have a lawyer, it would be more appropriate that you check with him first and get his approval to communicate with me. You should follow his advice as long as he represents you and do nothing to jeopardize your case. Why not have him (her) call me direct while you listen in on the call if you wish.
Q: After you answer my initial request at no charge, WHAT THEN - Click to find out.
A: That is totally up to you. If you want your entire file and medical records reviewed to determine whether I think it was malpractice or not, whether or not it is a case you can win, and an explanation of these answers -- I can do that. You or your lawyer get the records as described above and I will thoroughly evaluate them. We arrange a fee for the evaluation before you send the records with payment. If I work on the case with your lawyer or with one I recommend to you, the attorney fee will be a contingency approved by you state's Supreme Court or legislature. It will be divided between the two lawyers depending on how much time and intensity work we each do. All these matters must first be approved by you.
Q: How can you help me in a different State?
A: I work with lawyers throughout the United States. If I like your case and if you ask me to work for you, I will research the information you provide me and recommend an associate trial lawyer in your area. I always have local counsel, a lawyer near you whose responsibilities include doing all the paper work, motions, pleadings, hearings and coordination of activities. My function is to prepare the medical aspects, do the depositions of doctors and nurses, examine and cross examine medical witnesses, and do the trial. I do these in selected cases throughout the country but always in conjunction with another experienced local malpractice trial lawyer. Click here - See how I help lawyers.
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If you were significantly injured by medical malpractice, ask Dr. Harry Rein.
Disclaimer : The material contained on these web pages is not legal advice nor is it a substitute for an attorney.