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Medical Malpractice and Alternative Medicine

Alternative medicine is sometimes hard to define. Putting it in the strictest terms, it would include anything that does not actually require an M.D. to practice or any type of medicine that is not generally accepted by the overarching medical establishment as being based in science. By this definition, everything from homeopathy to acupuncture to therapeutic touch would be included. If you’re wondering if you can sue one of these practitioners for malpractice, the answer is oftentimes “yes”.

Increasing Frequency of Medical negligence Lawsuits

Practitioners of alternative therapies are increasingly finding themselves facing lawsuits for negligence and malpractice. The only way to figure out for sure whether or not any alternative practitioner who has wronged you is liable for being sued for malpractice is to speak with a Personal Injury Attorney. This is still an evolving area and your attorney will have to look at past precedent and current cases to see how you would go after somebody who wronged you. Overall, however, the criteria for filing a lawsuit against such an individual would be roughly the same as it is for filing a lawsuit against a mainstream doctor.

Medical malpractice and medical negligence, in a very broad sense, refer to instances where a healthcare practitioner took you on as a patient and failed to deliver competent care to you. It doesn’t precisely mean that the practitioner is actually incompetent in the general sense of that term. What it means is that, in the specific instance that applies to your case, they were negligent. Therefore, suing a chiropractor because they injured you in the course of adjusting your back isn’t the same as saying that they’re a quack and doesn’t require you to prove as much. It only requires that your attorney is able to prove that, in your case, they were negligent.

Awards and Settlements In Medical Malpractice Lawsuits

Medical negligence claims tend to get an awful lot of press because of the very large settlements and jury awards that are sometimes involved. Remember that the people who get the settlements oftentimes suffered grievously. Many of them will endure a lower quality of life for the foreseeable future and some of them will never be able to work or support themselves again. Some of them end up with conditions that will never heal simply because a healthcare practitioner did not provide them with competent care.

If you’re not sure whether or not and alternative healthcare practitioner did something that could be classified as medical negligence, you need to speak with an attorney. Even if it’s not likely that you can sue them as a healthcare provider, the attorney may be able to sue them for negligence in some other fashion. This is a complicated area of the law but, overall, the laws that govern negligence are set up to protect people who are victimized by the negligence of others.

Texas has very specific laws regarding medical malpractice claims and there are limitations on how long you have to act. If you’re not sure whether or not you want to move forward with a lawsuit, speak with an attorney so they can tell you how long you have to think about the matter before your time expires.

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Having An Attorney Help You Before You Decide To Sue

Personal injury attorneys can offer more than just their services in court. When you get into a situation where you’ve been harmed by someone else’s negligence, the first thing you need is an expert opinion on what happened and that is the first thing an attorney can do for you.

Consultations with an injury attorney

Attorneys will usually meet with you the first time for free. This isn’t really charity and attorneys who do this aren’t suffering for work. The reason that they do this is because they have to talk to you about your situation to see whether or not they can really help you. If they don’t think that they can offer you any useful services, they’ll tell you as much and won’t want your case. If they do, however, they’ll let you know that they are interested in representing you. This is where they can sometimes offer you another service.

Deciding to Sue in Court

There’s a lot to consider if you’re in a situation where you could sue someone. You have to consider whether or not you want to go through with the lawsuit. You have to consider whether or not the person you’re suing has any money that you could get in damages. You have to determine if you’re working with the right attorney, of course, as well.

A good personal injury lawyer will be willing to help you with this decision. What they can provide to help are facts. For instance, when people get hurt in some way where the negligence on the part of the party causing the injury was particularly egregious, they will sometimes think that they’re going to sue for millions and make sure the person’s negligence is punished. This isn’t always how lawsuits work. Attorneys can give you a healthy dose of realism about your situation and that’s sometimes the best service of all.

On the other hand, you may have been injured by a commercial trucking firm or another wealthy company and have been convinced by their representatives that taking a check from them and agreeing not to go to court is the best you could possibly due. A good personal injury attorney will let you know whether or not this is actually the case. Simply put, the attorney can help you to understand your situation in greater detail and empower you to make a sensible decision.

Consulting Soon after an accident

There are generally limitations on suing for damages in any situation, so you do need to talk to a good Houston personal injury attorney sooner rather than later. They may be able to give you a lot more information that you expected, so meeting with them to get a handle on what’s going on is always a good idea. They’ll be able to let you know the reality of your situation and, if it happens that you were injured and someone really was negligent in causing it, they might help you to go after that person in court for a jury settlement or help you to negotiate a settlement.

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Call Texas Board Certified Personal Injury Trial Lawyer, Blaine A Tucker at 713-771-5453 for a FREE Case Review

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When Is Medical Malpractice Worth Investigating?

Personal injury attorneys can help you with medical malpractice claims. In Texas, the limitations on these cases are specific and somewhat severe, so you’ll need an attorney who understands how to navigate these laws. There are some basics you can go with to help you decide whether or not you should speak to an attorney.

Breach of Duty

Medical malpractice happens when a doctor breaches their duty to their patient. This can mean giving treatment that was incorrect or that should have been known to be ineffective, not giving treatment when it was obviously required or missing a diagnosis that should have been caught. There are other situations that constitute malpractice, as well, but they all have in common the fact that you must have been injured. You could have been injured physically, financially or otherwise before you can sue.

If you have been injured, you should talk to an attorney. Remember that there’s no risk in just talking with a personal injury attorney about the matter during a free consultation. They may not know after that consultation whether or not they want to take your case, but they can get the basics of it and investigate it further as they need to determine whether they think they could help you.

Wrongful Deaths

Medical malpractice causes far too many deaths. Wrongful death lawsuits are designed to help the family and other survivors of the deceased. They sometimes net large sums of money-into the millions is not uncommon-because of the trauma to the family, the horrible situation that the doctor’s negligence caused and, from a practical standpoint, because the family lost someone that provided support, financial or otherwise. If you’ve lost someone in your family and suspect that medical malpractice may have played a part in that loss, talking to an attorney is highly advisable.

Dentistal Malpractice

Dentists can commit acts of medical malpractice. If you’ve suffered because a dentist breached their duties to you, you should speak with an attorney. They may be able to help you go after the dentist for damages. Breach of Duty could include faulty surgery, excessive medication, permanent damage caused by dental surgery etc.

Alternative Practitioners

Alternative practitioners-including chiropractors-have been sued successfully for malpractice. There are limits to who can legitimately be called a healthcare professional and upon who can actually say that they’ve taken on a patient, of course, but you should speak with your attorney about any situation involving an alternative practitioner and possible malpractice.

A Texas personal injury attorney will be able to give you good advice. They’re not just going to tell you to sue in every situation. What they’ll do is take a look at your situation, get advice from experts and see if they think that they can render you effective legal services and help you get compensated. There’s no reason that patients should have to suffer when doctors are incompetent or negligent. Talk to an attorney and see if they can help you bring a lawsuit against a doctor who wronged you by incompetent action or inaction and that left you paying the cost of that negligence.

Call Texas Board Certified Personal Injury Trial Lawyer, Blaine A Tucker at 713-771-5453 for a FREE Case Review

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Suing For Personal Injuries In Houston

The law provides lawsuits as remedies to those who have been physically, financially or otherwise harmed by the negligence of another. This ability to accommodate lawsuits on the part of our court system is one of our most vital legal rights. It allows us to pursue those who take actions that cause harm or that fail to take actions that could have prevented it when any other reasonable person could have been expected to act effectively.

Talking to a Personal Injury Lawyer

Suing over a personal injury claim can be done for many different reasons. It may be that a driver struck you in traffic in a way that was the result of their negligence and you need a way to get compensated for the damage and injuries they caused. You may have slipped and fallen on a floor at a retail establishment that was negligent in not cleaning up a spill or in flagging a wet and dangerous floor. You may have been injured by a physician that breached their duty to you as a doctor by providing you with the wrong treatment. A personal injury lawyer may be able to help.

How Can Injury Attorneys Help?

An Attorney can rely on their own expertise and the expertise of others to represent you and your rights. They may end up hiring medical experts to bolster your testimony in a medical malpractice case. They may reconstruct a car wreck and find out just how the other driver was negligent and how you came to harm. They utilize their experience and their creativity to find solutions for you and they use their ability to construct effective arguments and to demonstrate the truth of a situ ation to a jury to go after the other party in court.

When you’re offered a settlement that is nothing more than a cheap attempt to buy you off, your attorney will know and will either help you negotiate it to an acceptable level or at least recommend that you turn it down. When you’re getting ready to go to court your attorney will prepare you for what the other side’s attorney is likely to throw at you and make sure you’re not taken off guard. Attorneys provide an array of services to their clients. Getting you ready to deal with the other side is among those services and you can be sure that they’ll have you ready for anything by the time you go to court.

Personal Injury in Texas

Texas has its own structure where personal injury and liability law is concerned. Having an attorney who understands it inside and out is paramount toward maximizing your chances of success. If you’re not sure whether you have a lawsuit that’s worth pursuing or not, an attorney can help you make that determination, as well. Talk to a Houston personal injury attorney and see what they think about your claim. No matter what happened to you, they’ve probably seen similar situations before and can help you to start getting underway with seeking damages for what you’ve been through.

Fro FREE Case Review, call Houston Injury Lawyer Blaine Tucker at 713-771-5453

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Dishonest Doctors And Medical Malpractice Claims

According to a survey of approximately 2,000 doctors in the United States by Health Affairs, patients may not be getting the whole truth when they deal with their physicians. The survey found that, for various reasons, doctors may lie to their patients about their prognoses, the severity of their conditions and about other, more disturbing issues. Doctors have a duty to provide their patients with competent care under the law but, according to this survey, providing that care sometimes involves stretching the truth or lies of omission.

Just the Facts

According to a press release regarding the survey, approximately 55 percent of the doctors surveyed said that they’d told patients that the patient’s health was better than was actually the case. The survey also found that doctors sometimes took the opposite route and lied about the dangers of bad habits to get patients to stop their behavior. Using fear to scare patients out of unhealthy behaviors may or may not be justified, but it’s certainly not honest.

Doctors generally justified their lies by saying that they were good for the patient in some regard. Patients, of course, are not given all of the information they need when their doctors lie to them and, therefore, are divorced from the opportunity to make intelligent decisions about their health.

Even More Disturbing

Pharmaceutical companies sometimes have relationships with doctors that are financially or otherwise beneficial to both parties. Out of the physicians surveyed, nearly 40 percent of the said that there is no need for them to tell patients if they have a vested interested in any of the pharmaceuticals they recommend. Of course, patients may be more hesitant to begin a round of treatment with a particular pharmaceutical if they knew that the doctor had a financial interest in prescribing it or, at least, they might be more suspicious of the motives involved.

Malpractice and Patient Rights

When you visit a doctor, you have the right to expect that the doctor is going to be honest about your conditions with you. In fact, making sure that you stay healthy oftentimes depends upon the doctor being honest with you so that you can make intelligent decisions about your body and your habits. If you’re not given the chance to get real information about your health, you have the opportunity to work toward better health on your own taken from you and, as the study suggests, are sometimes manipulated into taking actions that the doctor feels are best for you.

Being recommended a pharmaceutical because the doctor has a financial interest involved is particularly rife with ethical questions.

If you believe that you have come to harm because a doctor was dishonest with you about your care, consider contacting a medical malpractice attorney. There are limitations on how long you have to act, so taking with a personal injury attorney right away is the best way to determine how you should proceed and how long you have left to decide what you want to do with your case.

Houston Personal Injury lawyer offers FREE Case reviews for medical malpractice claims

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Malpractice Claims, Politics And Limitations

Like many states, Texas has limitations on how much you can add to a medical malpractice claim for pain and suffering and related damages. According to an article in the New York Times, these types of limitations are being pushed at a national level. Measures that would limit the amount of money that could be attached to a medical malpractice claim for pain and suffering to $250,000. This limitation, according to the article and many experts, is woefully inadequate given what some malpractice victims are put through.

The Nature of Medical Malpractice

For many victims of negligent doctors, the financial damages they suffer are not as significant in their memories as are the pain and suffering that they are put through. This pain and suffering can be more than unpleasant. In some cases, it can be severely traumatic. The pain and suffering that patients are put through by doctors who are negligent generally has one characteristic in common between each of the different incidents where it occurs: it never should have happened.

In some cases, pain and suffering are parts of life-saving treatment. The pain that people who need dialysis, chemotherapy, surgeries and other procedures go through is something that everyone understands and that patients agree to endure because of the potential benefits of the procedures they’re being given. When those procedures are not necessary, however, or when they actually bring the patient to further harm, then there is sometimes cause to sue for malpractice.

How and Pain and Suffering Cost Money?

Pain is one of the most underestimated forces in the world. Pain can make it impossible to work, impossible to relax, can reduce a person’s quality of life to the point where they question whether it’s even worth living anymore and can affect everyone around the victim in many different ways. Severe pain and suffering can be as severe and debilitating as any other medical condition and, for that reason, attorneys sometimes encourage their patients to sue for pain and suffering when their doctors are negligent.

The limitations being suggested by Congress are very austere. They would make it impossible for some victims of medical malpractice to be compensated as they deserve to be. The justification being given for imposing these restrictions is that they would lower the cost of healthcare, even though tort reform has been demonstrated over and over to not have a substantial effect on healthcare costs.

Talking to a Medical Negligence Lawyer

If you’ve been caused pain and suffering by a negligent doctor, speak to a medical malpractice attorney. They may be able to help you get compensation for what you’ve been put through. Texas medical malpractice attorneys can help you to deal with the state’s limitations on medical malpractice claims and ensure that you get the compensation you deserve. While politicians may want to interject themselves into these matters, malpractice is between a patient and a physician and, when that patient is made to suffer, suing is one of their rights.

Houston Medical Malpractice Lawyer Blaine A (Bat) Tucker offers a FREE case review at 713-771-5453

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Suing Your Doctor – What Are Your Chances?

Physicians can be intimidating. They know so much about the human body that, when you have a dispute with them, it tends to be somewhat intimidating as to what you should do about it. You may find that you feel outclassed by the doctors and the healthcare facility and wonder if it’s even worth it to go after them for medical malpractice. In some cases, it is worth it.

Understanding Medical Malpractice Claims

You don’t have to be a medical expert yourself to file a medical malpractice claim. In fact, your personal injury lawyer will have experts who will help with your claim and who will give you another perspective than your doctor’s on what went on in your situation. In some cases, your personal injury attorney and the experts they work with may be aware of egregious malpractice that never even occurred to you has having happened. There are plenty of cases where people end up suffering horribly because of medical malpractice, so you’ll want to make sure to explore your options if you’re a victim of it.

What Do Medical Malpractice Claims Cover?

Some people aren’t aware of what medical malpractice claims can cover. In most cases, they’ll be surprised to find out what you can sue over. For instance, you can sue for:

  • Missed diagnosis
  • Wrong medication
  • Wrong procedure
  • Botched procedure
  • Improper diagnoses or Failure to diagnose

The basic thrust of any medical malpractice claim centers on the fact that the patient was wronged by the doctor in terms of not receiving the level or type of care that they needed due to negligence on the part of a physician. Remember that some conditions will not improve and that, unfortunately, some conditions are terminal and there’s nothing that a doctor could do about it. The key element in medical malpractice claims is that the negligence, not the condition, is really what caused the patient to come to harm.

Taking to an experienced Personal Injury Lawyer

The best way to get started figuring out whether or not you want to file a medical malpractice claim is to speak with an experienced injury attorney. There are time limitations on how long after the fact you have to sue over medical malpractice. Because of that, it’s important to speak with an attorney right away. It doesn’t matter whether you want to sue or not. They attorney can tell you how long you have to wait and that can make all the difference in the world.

Don’t be intimidated by suing someone for medical malpractice. There are some cases where medical negligence is obvious and others where it is not. It takes an experienced injury attorney to know the difference in some cases and, because of that, you’ll want to speak with one sooner rather than later. They may be able to help you put together a successful lawsuit for malpractice against a doctor who didn’t live up to the level of care expected of them when taking care of patients and the civil courts are there to make sure you have a way of getting compensated for that.

For a FREE case review, contact Texas Personal Injury Lawyer, Blanie A. (Bat) Tucker at 713-771-5453

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Medical Malpractice – What Is Failure To Diagnose

Almost half of the medical malpractice lawsuits filed every year have to do with a failure to diagnose. These aren’t lawsuits over someone leaving a surgical instrument in the body after closing the wound, about giving someone the wrong medication or about not treating someone at all. These lawsuits are about a doctor’s competence as it relates to being able to give diagnoses that save lives.

Diagnoses and Medicine

A great deal of the time that doctors spend in med school is spent learning how to diagnose conditions successfully. A great deal of how they protect their patient’s lives depends upon the physician’s ability to see what’s actually wrong.

There are cases where doctors do fail in this regard. People have been sent home from the ER with conditions as dangerous as fractured necks and have ended up suing for millions after the fact. The only reason that they weren’t diagnosed and treated properly was because of medical negligence and, because of that, these people sometimes decide that suing is the best option for them to recover their damages.

What if it Was a Logical Mistake?

There are cases where doctors cannot be expected to find a condition right away. In fact, sometimes doctors have to test and analyze a patient over and over to figure out what’s actually ailing them. Sometimes, there’s really no way that a doctor could have failed to find a condition, but there are some cases when they should have and, when someone is hurt because of that failure, medical malpractice lawsuits may be options.

The doctor will have to have taken you on as a patient, to begin with. You cannot, for example, sue a doctor for not recognizing that the cough they heard you struggling with in the ER was due to lung cancer. If they had every opportunity to give you a chest x-ray, to run other tests and to diagnose your cancer and if they failed in that duty, causing you to get sicker, you may be able to sue.

Why Sue Over This?

The reason people sue over failures to diagnose is the same as the reason that they sue over anything else. The failure to diagnose injures them physically and financially and it should have never happened. This means that the doctor was negligent and that means that the patient may have an option to file a lawsuit in front of them.

Finding An Experienced Personal Injury Attorney

Talking to a Personal Injury Attorney can help you clear your case up. It may not be that the physician was ultimately responsible for the failure, but the personal injury attorney should be able to tell you whether or not this is the case. There may be more investigation required but, if you consult with an injury attorney, they can usually tell pretty quickly whether or not they could help you. If they can help you, they may end up putting together a lawsuit and helping you to get compensated for the pain and suffering and financial losses that you’ve been put through.

Got Questions? Contact the Law Offices of Personal Injury Lawyer, Blaine A. (Bat) Tucker at 713-771-5453

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How Can A Personal Injury Lawyer Help With Medical Malpractice Cases

Sometimes, people hear medical malpractice and think that it’s about winning huge jury awards or settlements because a well-intentioned doctor made a simple mistake. If that’s what you think, you’re wrong. Medical malpractice claims sometimes range into the millions of dollars in awards and there is very good reason for that. Understand what the victims of medical malpractice go through and you’ll understand why those figures are so high.

Pain and Suffering

People like to speak frivolously about pain and suffering, likely because they’re talking about someone else’s. When you’ve been put through it because of medical negligence, you’ll understand why attorneys sometimes add so much to the awards they seek for it. Consider what happens to people sometimes as a result of medical malpractice:

  • Permanent disability
  • Permanent disfigurement/mutilation
  • Permanent loss of bodily abilities or functions
  • Brain damage
  • Unnecessary surgeries

If you’ve been a victim of medical negligence, you may have experienced some of this yourself. If you have, you should talk to a Personal Injury Attorney. No one should be made to suffer this way because of negligence.

Financial Damages

Here’s another category that people fail to understand. Sometimes, the media will report on the millions that someone gets because of a medical malpractice claim as if the jury were showering the claimant with riches; like the claimant won the lottery. Generally, these cases are very disturbing.

Some people are injured in a way that means that they can never work again. They may also be facing huge medical expenses because of the negligence. The very high figures you see in compensation are usually given for a reason. The jury usually sees how much the person is going to suffer, how none of it was their fault and ends up finding in their favor for tangible, empirical and very rational reasons. If you cannot work and you have to pay enormous medical bills for the rest of your life because a doctor let you down, you should not have to pay them yourself. You did nothing to deserve it.

Finding an Aggressive Personal Injury Lawyer

Medical malpractice claims hinge on a doctor breeching their duty to you as a patient. You’ll need an Injury Attorney who is passionate about arguing this area of the law and who is very good at it, of course. There are great attorneys out there and, with the right one, your chances of winning are vastly increased.

If you’re suing a doctor in Texas, you’ll want a very good attorney. The fact of the matter is that medical malpractice claims – and the patients who file them, unfortunately – have become political footballs. The odds are somewhat stacked against the claimant, so you’ll want a skilled and dedicated attorney. If you do have a good attorney, trust them to represent your rights. The attorneys who handle these cases aren’t intimidated by doctors, hospitals or insurance companies and you can be very sure that they will fight for your rights as much as is needed. There’s no guarantee you’ll win, but having a good attorney increases your chances greatly.

If you are a victim of medical malpractive, contact Blaine A. (Bat) Tucker, a Houston based Medical Malpractice Lawyer at 713-771-5453
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Texas Medical Malpractice Reforms May Have Done Nothing

Political rhetoric surrounding healthcare costs has oftentimes cast medical malpractice lawyers as the real reasons that costs remain high. According to the Associated Press and several other sources, however, Governor Rick Perry’s medical malpractice reforms may have done nothing to bring more doctors to the state, to improve access to care or to provide any of the other benefits the Governor has claimed.

Underserved and Rural

In Texas’s rural areas, there are still pockets where physician availability is abysmal. Some rural counties have no doctors who can perform emergency care, deliver babies or perform other necessary services. While the Governor has claimed that his tort reform resulted in many more doctors coming to the state, numbers reported by the American Association for Justice show that the number of physicians in the state was increasing prior to 2003 already and that the rate of increase did not go up following the tort reform.

The increase in doctor numbers, according to the Associated Press, was most noticeable in the cities, where there were already plenty of providers available. The growth in doctors was also tied directly to the growth in population on the whole.

The Tort Reform

The tort reform itself limited the non-economic damages that can be sought from individual physicians to $250,000. This is the same damage cap that some national politicians have been advocating be implemented on a federal level. Lawyers and patient advocates point to the fact that there is little evidence that demonstrates that the cost of healthcare is increasing because of malpractice lawsuits and the fact that the patients who are affected by malpractice sometimes sue for very convincing reasons.

Understanding Medical Malpractice

A doctor or healthcare provider that takes on a person as a patient also takes on certain responsibilities to that patient when they do so. When these duties are breached, the consequences for the patients can be devastating. They sometimes include:

  • The loss of the ability to work
    The loss of mobility
    Conditions that worsen because of not having been detected
    Expensive medical bills
    Complications with other conditions
    Death

With no way to even cover the costs that resulted from the malpractice they suffered, some individuals seek out compensation by filing a lawsuit. This is sometimes the best way for patients to go and, with a good medical malpractice lawyer, there’s a chance that they can get enough money to cover the costs of losing work, medical care and more.

Efforts to reform medical malpractice law have oftentimes concentrated on how malpractice insurance and lawsuits scare doctors away from opening new practices. There is a good chance that any doctor, particularly one in a high-risk field, will be hit with a medical malpractice lawsuit at some point during their career. The relationship between this and physician availability and healthcare costs, however, is not as clear as politicians say and, most of the time, the so-called reforms only end up injuring patients and failing to deliver on providing more options, as many reports have now demonstrated.

If you believe you are a victim of medical malpractice, contact Blaine A. (Bat) Tucker at 713-771-5453 for a free case review
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