 Medical & Dental
Malpractice Attorneys
Medical and Dental Malpractice
claims and lawsuits arise when people are injured by the
negligent or careless actions (or omissions) by medical
providers.
When We Can Help You
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 discovery 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.
What We Can Do To Help You
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:
-
Was the medical or dental
professional was negligent in performing his or her duties?
-
Have you sustained significant
injuries as a direct result of this negligence?
If the answer to these two (2)
questions are 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 would have all of the
relevant medical or dental records reviewed by a qualified
medical expert as to whether or not he or she believes 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, 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 maximize amount of compensation
available for your past, present and future medicals 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 was 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 type 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.
How You Pay For Our Legal Services
We offer a
FREE
SAME DAY CONSULTATION and we always accept the
above Medical or Dental Malpractice cases on Contingency
Fee Basis. Putting it in 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 /
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.
Call Us Today – Toll Free at
877-529-9191 or submit the
FREE case
evaluation form.
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