Archive for the ‘Medical malpractice settlements’ Category

What am i releasing by signing a settlement release?

Wednesday, July 7th, 2010

I recently settled my medical malpractice lawsuit, and they called me today saying i had to come in next Tues to sign a release. When i asked what that was, all i was told was i had to sign before the insurance company would give me any money. But what exactly am i releasing? I will obviously read before i sign it, but im just curious until then what it is. Also, they had told to when i settled (this past Monday), to expect a check in 2-4 weeks…is that counting from the day i settled, or the day i sign the release? One last question, when receiving a large check from an insurance company, is it received as a regular check, or as a cashiers check? Thanks a bunch!

You will be releasing all of your claims against the insurer and their insured party(ies) for all matters arising out of the facts that gave rise to the suit and (depending on state law) all other claims against them "from the beginning of the world to the present day." The check will usually be an insurance company check or draft to you and your lawyer. You will endorse it & your lawyer will deposit it into his account from which he will disburse payments for all costs, lien claims, etc. Normally, you’ll get your check from your lawyer.

Malpractice Medical Hernia Repair Inguinal (Open) 2

Wednesday, June 30th, 2010

http://www.PreOp.com
Medical Malpractice and Patient Education Company
http://www.PreOp.com
Patient ED @ 617-379-1582 INFO
Your doctor has recommended that you undergo surgery to repair a hiatal hernia. But what does that actually mean?

Your diaphragm is a muscle that separates your chest from your abdomen and helps you to breathe.

Normally, the diaphragm has an opening for the esophagus to pass through where it connects with the stomach.

A hiatal hernia occurs when part of the stomach pushes upward through this small opening.
Medical Malpractice
Your hiatal hernia may be causing considerable discomfort, with symptoms like heartburn, difficulty swallowing, chest pain and belching. The reasons why hiatal hernias form are not known, but they are quite common.

A hernia is dangerous only if it becomes strangulated. That means that the portion of the stomach that is pushed up into the chest may become pinched – preventing blood from reaching it.
medical malpractice
If this happens, you may require emergency surgery to restore blood flow and to repair the hernia.

Luckily, the vast majority of hernias are not considered to be emergencies. However, if you should ever feel a sudden onset of severe pain in your chest or stomach, you should seek medical attention immediately.

So make sure that you ask your doctor to carefully explain the reasons behind this recommendation.

Medical Malpractice and Patient Education Company

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America, do you think we need to move forward with the health care bill if the following issues were resolved?

Tuesday, June 29th, 2010

These are a bunch of issues I gathered that are the cause of high costs of health care and taxes.

-Exaggerated overheads of medical drugs, products, and services.

-No competition between hospitals keeping health care costs too high.

-The risk of depriving doctors of the high incomes some of them go through hell in medical school for.

-Not enough competition between insurance companies, keeping coverage costs dramatically high.

-High costing product and drug approvals of the FDA.

-Corrupt and careless medical practices.

-Medical errors in drug dosage.

-Disorganized processing claims between hospitals and insurance companies.

-Harmful medical errors.

-Exaggerated malpractice settlements.

-Uselessly over testing to prevent malpractice suits.

-Patient misuse of the ER.

-Unnecessary re-admissions to the hospital.

-Hospital acquired infections.

-Illegal immigrants and drug dealers on Medicaid.

-Risky behavior such as smoking, obesity, and alcohol abuse.

-Prescriptions written on paper.

-Over prescribing antibiotics.

-Abortion.

And do you know if any of these are already completely taken care of? I’ve been hearing about some of these for years, I can’t see any real reason’s why it would take so long to resolve them. Please comment on any special concerns you have about them or anything I haven’t mentioned. And I’m sorry I’m late guys.

Tell me if you think we should still move forward with the health reform bill if we can take care of at least most of these issues. From what I’ve read it won’t be put in place till 2013 or 14 anyway. What about either of the bills do you Not support?

-Exaggerated overheads of medical drugs, products, and services.
—By putting limits on how much something should cost and stop letting the Drug comp and Hosp spend more money on Ads then research.

-No competition between hospitals keeping health care costs too high.
–There is Competition it is just they all work together to keep the cost high.

-The risk of depriving doctors of the high incomes some of them go through hell in medical school for.
–First off I don’t think anyone should make a killing trying to save lives, it is kind of a conflict of interest.

-Not enough competition between insurance companies, keeping coverage costs dramatically high.
—Insurance is a scam you pay for the hope you don’t need it, but when you do they should not be able to decline you from the service.

-High costing product and drug approvals of the FDA.
–The cost has not gone up that much, what has gone up is the amount they spend putting TV ads, and sending reps to Doctors to push them to sale there drugs, I have heard them at my doctors office the are like mobsters mushing drugs. My Doctors just said.."Yes i am pushing your drug over X company’s drug."

-Corrupt and careless medical practices.
—I don’t see it so much from Dr. but more from Hospital and Insurance comp. Dr are just stuck.

-Medical errors in drug dosage.–
—This is an issue that electronic records will help fix, but i know this is just human error, we will never stop it.

-Disorganized processing claims between hospitals and insurance companies.
–It is not that it is disorganized, the insurance companies make is complex so that you make an error they can decline to pay for it, it is all part of the game.

-Harmful medical errors.
–It is once more human error and not holding Dr’s or employees accountable that lets it keep happening in large numbers at some places.

-Exaggerated malpractice settlements.
–There is nothing exaggerated about killing someone, or making there life hell and having to pay millions…back to the question before about them making a lot of money and going to school for so many years…

-Uselessly over testing to prevent malpractice suits.
Dr’s don’t do useless testing for malpractice they do it to make money duh!
Most of the time it is insurance companies that call it useless when they are trying to find what is wrong with a patient, remember we are not all the same and what test works on one will not work on another always.

-Patient misuse of the ER.
This I agree, What we need is an middle ground, not Dr office but not an ER, like an urgent care clinic that is open 24 hours right next to a few ER. Don’t you think it is odd that they don’t do that..OH! they make more money off ER from insurance comp…:D

-Unnecessary re-admissions to the hospital.
Dr’s almost never do this, most Dr’s would prefer to keep you out of the hospital. Once more another argument from insurance comp….so they don’t have to pay.

-Hospital acquired infections.
Find a cure and it will stop….We have been working on this for well…ever that is the big issue.

-Illegal immigrants and drug dealers on Medicaid.
That is such a small amount, but health care should be universal no matter what age, race, sex, sexual orientation, nationally. I have been sick in Europe and when to the ER…know what it cost me….NOTHING! and I am not a citizen of any other country.

-Risky behavior such as smoking, obesity, and alcohol abuse.
-reward dr’s for getting people to stop smoking, lose wight, and abuse all drugs.

-Prescriptions written on paper.
-This is back to the electronic thing, many dr’s have already starting calling in or doing it electronically.

-Over prescribing antibiotics.
-in the history of the medical field this is new and will take years to change habits.

-Abortion.
I look at this as an elective surgery just like plastic surgery just to look good. You want it you pay for it.

Malpractice Medical Hip Replacement Surgery 1

Saturday, June 26th, 2010

http://www.PreOp.com
Medical Malpractice and Patient Education Company
You doctor has recommended that you undergo hip replacement surgery. But what exactly does that mean?

The hip joint is the place where the thighbone – called the femur – and the hipbone – called the pelvis – meet.

As you walk, the ball-shaped end of the thigh moves within a cuplike depression on the side of the hip.
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As long as the thigh can move smoothly against the hip, you are able to walk comfortably. But over time, especially in patients who suffer from arthritis or rheumatism, the hip joint can wear down.

Cartilage, the tissue that cushions the bones and makes it possible for them to move smoothly against each other can wear away.
Medical Malpractice
When this happens, the bones rub together causing pain and even restricting the ability to walk.
* In some cases, hip surgery is recommended for people who have suffered a hip fracture.
* No matter what the cause, one of the most effective ways to fix a damaged hip is to replace it surgically.

In this procedure, the ball-shaped bone at the top of the thigh is removed and replaced with a metal substitute.
Medical Malpractice
The hip socket is widened and lined with a smooth pad that allows the metal ball joint to move more freely against the pelvis.

Hip replacement surgery is a major operation, but your doctor believes that the procedure — followed up with physical therapy and time to heal — will result in reduced pain and greater mobility.

So make sure that you ask your doctor to carefully explain the reasons behind this recommendation.

Medical Malpractice and Patient Education Company

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Nerve Injury Results in $1 Million Settlement

Sunday, June 20th, 2010

Listen in as Gerry Oginski, an experienced New York medical malpractice and wrongful death trial lawyer practicing law in Brooklyn, Bronx, Queens, Manhattan, Long Island, Staten Island, Nassau & Suffolk describes what happened to a young man who walked into a hospital with a dislocated shoulder and walked out with permanent injuries to his hand and arm.

Find out how doctors at a local emergency room here in New York failed to recognize neurological signs that suggested the patient needed immediate attention.

Watch the video to learn more.

For more information about medical malpractice, wrongful death or negligence cases in New York, go over to Gerry’s informative website, http://www.oginski-law.com, or call Gerry personally to answer your legal questions at 516-487-8207. He welcomes your call.

The Law Office of Gerald M. Oginski, LLC
25 Great Neck Rd., Ste. 4
Great Neck, NY 11021
516-487-8207

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I live in the state of LA and wouldlike to know timelines for parties to be compensted once settlement’s made

Friday, June 18th, 2010

A settlement agreement for medical malpractice was concluded March 10, 2005. Attorney with insurance company advised check would be sent within (30)days from March 10th. My attorney advised check would be made out to plaintiffs. I haven’t seen a check nor can I get my attorney to answer questions involving the settlement agreement. I have phoned and sent emails with no response. Can you help me please?

File a Complaint with the Louisiana State Bar for failure to answer you questions regarding your settlement. When you file this complaint, make sure that you explain all the details of the case that lead up to the settlement offer.

Malpractice Medical Mastectomy Total Surgery 1

Wednesday, June 16th, 2010

http://www.PreOp.com
Medical Malpractice and Patient Education Company
Your doctor has recommended that you have a total mastectomy. But what does that actually mean?

Total Mastectomy is the removal of the breast.

In most cases, mastectomy is required in order to remove cancerous tissue from the body.

The extent of tissue removed is determined by the amount of cancer present in your body.
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A total mastectomy involves the removal the breast, but not the removal of lymph nodes or chest muscle that lies underneath the breast.

Your doctor has recommended that you undergo a total mastectomy because the cancer in your breast has progressed to the point that it is in danger of spreading into other parts of your body and the only way to make sure that all of the disease has been eliminated is to remove the entire breast.
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This is major surgery and the procedure will permanently change the outward shape and appearance of your chest. So make sure that you ask your doctor to carefully explain the reasons behind this recommendation.

Medical Malpractice and Patient Education Company

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Informed Consent to Medical Treatment: Medical Malpractice

Saturday, June 12th, 2010

Before a doctor can perform a medical procedure, the doctor has to get your informed consent to the procedure. Find out what informed consent really means and why it is important if you are thinking about filing a medical malpractice claim.

If you think you or a family member has suffered a loss or injury as a result of medical malpractice you can call 902-423-2050 for a consultation or to request a free copy of Johns book: The Consumers Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation

John McKiggan is a personal injury and medical malpractice lawyer in Halifax, Nova Scotia. For more information you can go to Arnold Pizzo McKiggans website at http://www.apmlawyers.com/ or take a look at his blogs: http://www.halifaxmedicalmalpracticelawyerblog.com/ or http://www.halifaxpersonalinjurylawyerblog.com/

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Medical Malpractice – Overview

Tuesday, June 8th, 2010

Overview of medical malpractice by attorney and nurse, Alison Mynick an associate in the law firm of Briggs and Counsel located in Rockport, Maine. Produced by InjuryBoard.com

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UNDER HIPAA OR ANY OTHER METHOD, HOW CAN ONE GET MEDICAL RECORDS FROM A DOCTOR WHO REFUSES TO RELEASE THEM?

Tuesday, June 8th, 2010

A GOOD FRIEND NEEDS THE MEDICAL RECORDS SO THAT FRIEND CAN XEROX THEM AND GET MORE OPINIONS…THE FIRST DOCTOR REFUSES TO RELEASE OR XEROX THEM AND GIVE COPIES TO MY FRIEND…..WANTS TO BRING THEM AROUND TO OTHER PHYSICIANS FOR OTHER OPINIONS, BECAUSE THE FIRST PHYSICIAN, WE HAVE BEEN SO ADVISED, IS GUILTY OF MED. MALPRACTICE AND NEGLIGENT MEDICAL PROCEDURES AND TREATMENT. THE PHYSICIAN, LAST YEAR ALONE WAS FORCED TO PAY A LOT IN DAMAGES FOR A MED MALPRACTICE LAWSUIT SETTLEMENT AND HE SCREWED UP MY FRIEND’S OPERATION, AND THEN REFUSED TO LISTEN WHEN THE FRIEND CLAIMED SEVERE PAIN IN THE SPOT HE OPERATED, AND THE DOCTOR INURED THE COMPLAINTS. ANOTHER DOCTOR TOOK MRI SAID THE FIRST DOCTOR FOLLOWED INCORRECT PROCEDURES AND THE NEW DOC SPOTTED FURTHER DAMAGED INTERNALLY AND CHIPS LEFT INSIDE.

The patient needs to sign a form or a letter authorizing releasing the medical record to whoever the record is to go, whether it’s a friend, another doctor, family member, etc. If the doctor still refuses to release the records, get a lawyer involved- they may have to be subpoenaed in order to get the doctor to give them up.

Also, if the procedures were done in a hospital, go to the medical records department with the form or letter mentioned above. They may charge for copying it, but you’ll have it.