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DO I HAVE A MEDICAL MALPRACTICE

CASE? Identifying a Medical Mistake or Medical Negligence Is Complicated Because the Average Person Does Not Know the Specific Processes In Performing Each Medical Procedure

CAREY, DANIS & LOWE Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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Victims of medical malpractice may recover compensation for both financial and non-economic losses they experience due to the negligence of their medical care providers. Those who suspect that a medical mistake has caused them harm or has injured or killed a loved one should contact a St. Louis medical malpractice attorney as soon as possible for assistance in determining if they have a medical malpractice case.

HOW DO I KNOW IF I HAVE A MEDICAL MALPRACTICE CASE?

To determine if you have a medical malpractice case, it is important to have your medical records reviewed by a qualified professional expert. This expert should have extensive knowledge of the medical procedures your physician performed and/or the medical condition that you have. Identifying a medical mistake or medical negligence is complicated because the average person does not know the specific processes in performing each medical procedure, or what tests or procedures should be performed for each suspected health condition. The average person is also unaware of the specific professional expectations imposed on care providers. An attorney can help those who

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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suspect they were victims of medical malpractice to find an expert who can review their treatment history to determine if unacceptable mistakes were made. In addition to having your medical records reviewed, it is advisable to undergo a comprehensive examination to determine the extent of the damage that the treating physician caused you to experience. If you have had any additional treatment to try to correct the damage done to your health, be sure to keep careful records of the medical bills incurred. The information obtained from your medical records, from an examination and from other sources such as interviews with witnesses can all be used to determine if you can prove the legal elements of a medical malpractice case in a court of law.

WHAT MUST BE PROVED IN A MEDICAL MALPRACTICE CASE To successfully make a claim and obtain compensation for medical malpractice, you must prove: You were the patient of a healthcare provider with an obligation to you. When you seek treatment and a physician or medical professional provides care, that healthcare professional has an obligation to provide reasonable care. That the care provider failed to provide an acceptable level of care. If the physician failed to provide adequate care, this is considered medical negligence. To determine whether the doctor was negligent, his actions and his omissions are compared with what a reasonable doctor with his

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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same background and experience would have done under the circumstances. That the care provider’s failure was the direct and immediate cause of harm you experienced. To make your claim, you have to show you experienced some type of harm due to the doctor’s failures. That you deserve compensation. You must show the extent of your economic and compensatory damages. This includes medical treatment costs; lost; income; pain and suffering; emotional distress or wrongful death caused by the negligent healthcare provider.

In most malpractice cases, there are two primary challenges associated with successfully proving a claim: proving negligence and proving that the care provider’s actions were the cause of damage or harm. When most people seek medical treatment, it is because they are ill or are exhibiting symptoms of illness. As such, a positive outcome is not always guaranteed. It is common for defendants in malpractice cases to capitalize on this fact and to argue that the patient’s health issues were caused by underlying medical problems, rather than on actions the doctor took. A plaintiff has to be able to prove that the doctor damaged him or made things worse, and this requires an expert witness to explain the consequences of the medical negligence.

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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COMMON TYPES OF MALPRACTICE CASES Any medical mistake that a doctor made could result in a successful claim for malpractice if you can prove that the physician provided substandard care that harmed you. However, some of the common injuries that lead to successful medical malpractice claims include: Birth injuries, such as cerebral palsy,Erb’s palsy, or shoulder dystocia Misdiagnosed conditions such as cancer, heart attack, pulmonary embolism, stroke, cervical cancer, bowel obstruction, appendicitis, or ectopic pregnancy Delayed diagnosis of serious medical conditions, including cancer and infection Surgical errors such as an instrument being left inside of a patient during surgery, puncturing the bowel during surgery, injuring other structures such as the common bile duct during gallbladder removal Anesthesia errors including mistakes during intubation, excess anesthesia, failure to properly monitor during surgery Misread laboratory results When you experience these problems or you otherwise have an undesirable treatment outcome because of poor quality treatment, you should speak with a medical malpractice lawyer as soon as possible to get your case evaluation started and determine if you have a claim for damages.

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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FAILURE TO OBTAIN INFORMED CONSENT In addition to medical malpractice cases based on negligence, you may also have a claim for damages if the doctor or care provider who treated you did so without obtaining your informed consent. You have the legal right to be informed about the benefits and risks of treatments as well as alternative options before you submit to a procedure. If a doctor fails to get your consent, you can take legal action for medical malpractice.

GET YOUR CASE EVALUATED BY A MEDICAL MALPRACTICE LAWYER The best way to determine if you have a malpractice claim is to speak to a knowledgeable legal professional who has an in-depth understanding of malpractice laws. Call Carey, Danis & Lowe today to have your case evaluated and learn how we can help with your claim.

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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About Carey, Danis & Lowe, Attorneys at Law

Carey, Danis & Lowe exclusively represents plaintiffs in litigation. The firm practices a wide area of personal injury law including trucking accidents, medical malpractice, auto accidents, motorcycle accidents, product liability, burn injuries, defective prescription drugs, and defective medical devices. Currently approximately 50% of the practice is devoted to prescription drug litigation, including drugs such as Yaz, Pradaxa, Zoloft, Prozac, Lexapro, Paxil, and defective medical devices including Mirena, Transvaginal Mesh, Depuy ASR Hips, and Nextgen Knees. The remainder of the practice is devoted to trucking accidents, auto accidents, motorcycle accidents, medical malpractice, and other serious personal injuries. The firm is headquartered in St. Louis, Missouri, but practices throughout the nation. We have successfully handled cases from coast to coast. The law firm prides itself on personally handling all cases it takes in, and has the expertise to, if necessary, try the case to a jury no matter how complex or lengthy. The firm has a successful track record in obtaining large jury verdicts for their injured clients as well as substantial settlements. The firm has obtained multi million dollar verdicts and settlements in personal injury cases, including a $105 million jury verdict involving the explosive separation of a multi-piece wheel against Firestone which was the largest verdict in Missouri that year, a $13 million verdict against a hotel where a boxing match was held for not having an ambulance on site, a $4.5 million jury verdict against medical Engineering Corporation for a defective breast implant, a $2 million jury verdict in a medical malpractice case, a $2.1 million settlement involving a trucking accident, a $1.1 million verdict in a motorcycle accident case, a $1,050,000 verdict in a trucking accident case, a $1 million judgment in underinsured motorist case, and many others. The firm has also represented thousands of clients in pharmaceutical and medical device cases and recovered over a billion dollars. Some of the settlements and judgments involve Fen Phen, Baycol, Vioxx, Bextra, Avandia, Paxil, Smith & Nephew Macrotextured Knees, and Depuy ASR metal on metal hips. The firm is dedicated to providing excellent legal representation for people injured by defective products or in a variety of accidents. Carey, Danis & Lowe, Attorneys at Law 8235 Forsyth Blvd, Suite 1100 St. Louis, Missouri 63105 http://www.cdlinjurylaw.com Practice Areas Trucking Accidents / 18-Wheeler Crashes Pharmaceutical Liability Motor Vehicle Accidents Personal Injury Medical Malpractice Defective Medical Devices Commercial Litigation

Do I Have a Medical Malpractice Case?

Carey, Danis and Lowe, Attorneys at Law

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Do I Have a Medical Malpractice Case?  

Identifying a medical mistake or medical negligence is complicated because the average person does not know the specific processes in perfor...

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