Medical and Dental Malpractice claims and lawsuits arise when people are injured by the negligent or careless actions (or omissions) by medical or dental providers.
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Medical malpractice occurs when a doctor, nurse, dentist, chiropractor, physical or occupational therapist, pharmacist or other health care provider fails to act reasonably, based upon what is expected from similar health care providers under the same circumstances. A hospital or pharmacy or diagnostic center may also be held liable for the negligence of an employee or even an independent contractor working on their behalf.
If a completely unexpected or unforeseen outcome occurs as a result of treatment or surgery or the medical or dental professional is at a loss explaining why this unforeseen result occurred, then some type of Medical or Dental Malpractice may have occurred. In addition, opinions given about the prior medical or dental services provided by a previous medical or dental professional may be telling.
In most cases, you should contact us immediately after you discover the injury caused by medical or dental malpractice, since it may be one of the most important things you can do to protect yourself and your family since injuries suffered as a result of medical or dental malpractice can negatively impact your life. The sooner you get us involved in the case, the sooner we can gather the appropriate evidence, evaluate the facts and obtain witness statements. Remember, there are certain statutes of limitation that may apply (as little as two years from the date of the malpractice but as long as seven years depending upon certain factors) – and if a lawsuit is not filed within this specified period of time – you will be forever barred from doing so in the future.
Although there are many commonalities with the above types of accidents, there are often times special local, state or federal laws that apply to certain types of accidents – and we may need to get special notices out to the appropriate parties as quickly as possible. As stated previously, it is usually best to retain us as soon as possible so we can have the most positive impact upon your case.
Even if you did not retain us immediately (which is generally the best thing to do), you can retain us anytime prior to formally resolving and/or settling your Medical or Dental Malpractice claim with the at-fault party and/or the at-fault parties’ insurance company – as long as the Statute of Limitations for your Medical or Dental Malpractice Claim has not passed.
Our law firm understands that serious injuries or even death sustained as a result of the negligence or carelessness of a medical or dental professional can be devastating – not only for the injured person(s) but their family. The first thing we would examine is whether or not you have a viable Medical or Dental Malpractice Claim based upon the following two (2) questions:
If the answer to these two (2) questions is YES … then we would determine if pursuing a claim on your behalf is viable based upon the anticipated or expected recovery as compared to the significant time and expense of pursuing a Medical or Dental Malpractice claim.
Our law firm has all of the relevant medical or dental records reviewed by a qualified medical expert as to whether or not they believe that a medical or dental professional was negligent in any manner. Since local medical professionals are reluctant to comment on the negligence of other local medical professionals, we seek out the best experts from throughout the United States to assist us in evaluating our potential medical and dental malpractice claims. If so, this qualified medical expert will draft an Affidavit with his or her opinion. Immediately after our receipt of this Affidavit, our law firm will draft a Notice of Intent to be served upon the allegedly negligent medical or dental professional, whom would then have ninety (90) days to investigate the claim for medical or dental malpractice. During this ninety (90) day period, both sides will be exchanging information and conducting informal settlement negotiations. At the conclusion of these ninety (90) days, the claim will either be settled or rejected. If it is rejected, then a medical or dental malpractice lawsuit can be instituted against the alleged negligent medical professional.
Of course, if a lawsuit is filed, please be prepared to wait anywhere from 18 to 36 months for your medical or dental malpractice claim to be resolved – assuming that the claim is forced to go to trial.
Once your immediate needs are met, we will work closely with your insurance company, the at-fault parties’ insurance company, and your medical providers as well as any other relevant parties to insure that all of your needs are being handled appropriately and quickly. Our goal will be to expeditiously resolve your personal injury claim or wrongful death claim for the maximum amount of compensation available for your past, present and future medical bills, your past, present and future lost wages and your past, present and future pain & suffering, mental anguish and emotional distress.
Medical or Dental Malpractice claims and lawsuits arise when people are injured by the negligent or careless actions (or omissions) by medical providers. If a medical professional or medical facility is determined to be legally liable for injuring (or killing) someone else due to their negligence or carelessness or even intentional acts, then they may be required to pay the injured person (or their family) monetary damages that are designed to put a person back to where they were prior to their injury (i.e. compensatory damages). In certain instances, punitive damages may also be awarded to the injured person (or their family) if the actions of the at-fault party were so extreme. Punitive damages are intended to punish the at-fault party and prevent them from harming others again in the future.
You should hire The Law Offices of Joseph A. Porcelli, P.A. to assist you with your Medical or Dental case because there are many potential hazards in attempting to resolve these types of claims on your own. Foremost among them is that many insurance companies (even your own) may deny coverage for legitimate claims or deny injured people a fair and reasonable settlement for their injuries. Your insurance policy alone is not enough to guarantee you coverage or a fair representation from your insurance carrier.
The Law Offices of Joseph A. Porcelli, P.A. has represented numerous injured parties in disputes with their insurance company or the at-fault parties’ insurance company with regard to personal injury claims or wrongful death claims, quite possibly even someone that you know. Most people do not have the experience of resolving a serious injury or wrongful death claim with their insurance company or the at-fault parties’ insurance company and are at a decided disadvantage when they attempt to do so on their own. Our years of experience in assisting injured people helps level the playing field to your benefit by maximizing the value of your serious injury or wrongful death settlement in an expedient and professional manner.
We offer a FREE SAME DAY CONSULTATION and we always accept the above Medical or Dental Malpractice cases on Contingency Fee Basis. Putting it another way, if we do not obtain a recovery on your behalf, you will owe us NOTHING in legal fees nor do you have to reimburse us for your costs and expenses of our legal representation. Furthermore, if either the at-fault insurance company and/or your insurance company did not follow strict guidelines in evaluating and paying your claim, they may be subject to a potential “Bad Faith” lawsuit, which may provide you with additional compensation beyond that listed in the applicable insurance policies.