Bringing a successful case to settlement or a favorable decision in court is a complicated process. Understanding it and recruiting an experienced malpractice attorney will provide you with the greatest chance for success.

Before Filing a Medical Malpractice Claim

If you have been harmed because a doctor or medical professional made an error or was negligent in your treatment, you may have a basis for a claim. However, this doesn’t mean you should rush straight into filing a lawsuit. Claims must be submitted to a pre-litigation screening panel hearing conducted by the Idaho State Board of Medicine, before a suit can be filed. A qualified attorney can help you with this process.

Legal professionals often advise contacting the health care provider first — in many cases, doctors are willing provide solutions and perform services to remedy the problem, sometimes at no charge.

It may also be helpful to contact the medical licensing board.

The board cannot order the health care professional to address or treat your injuries, and it cannot compel an offer of compensation, but the board can issue warnings to or discipline the medical provider and advise you on how to proceed.

This approach is much more likely to produce fruitful results when you have your lawyer reach out on your behalf.

Legal Requirements for Medical Malpractice Claims

Don’t wait too long to carry on with your case, however. Like many other states, Idaho has a statute of limitations for filing medical malpractice claims.

Lawsuits must be filed within two years of either the date your injury occurred, with some very narrowly drawn exceptions.

Medical malpractice claims in Idaho also have another legal requirement. It is necessary to present a claim to a pre-litigation screening panel convened by the state board of medicine before filing the lawsuit.

This involves having another health care professional or expert review the facts of your case, to determine if your injuries were indeed the result of negligence on the part of a medical provider.

A local malpractice attorney will have access to a variety of experts who can assist with the certificate of merit, and if necessary, serve as witnesses in court.

Hire an Experienced Malpractice Attorney

Though many cases are settled out of court, you can’t be sure your rights are protected without an experienced attorney on your side.

Insurance companies often reject medical malpractice claims submitted by unrepresented individuals, or offer lowball settlements. Your lawyer can evaluate your case for strengths and weaknesses, and advise you on your best course of action.

Whether the outcome of your case is a fair compensation offer from the insurance company or a favorable decision in court, a lawyer experienced in medical negligence will be able to get the largest possible settlement for your injuries.

If you have been harmed or injured due to the negligence of a health care professional, contact the Montgomery Dowdle in Boise, Idaho. Our experienced legal team will ensure that you receive the best resolution possible in the case of medical malpractice.

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However, medical professionals also can indirectly cause harm to patients. Delayed diagnosis is one of the most common examples of this form of malpractice.

Causes of Delayed Diagnosis

Hospitals are crowded, busy places, and most doctors and nurses are stretched thin. For this reason, some patients do not receive immediate attention.

Oversights are easy to make in this harried environment, and sometimes a physical exam isn’t as thorough as it should be. In other cases, poor documentation may cause the doctor to miss critical factors in the patient’s medical history when making a diagnosis.

In some medical malpractice cases, the proper diagnostic tests (such as an X-ray, MRI or blood test) aren’t ordered or completed in a timely manner.

Delayed diagnosis also occurs when medical professional incorrectly interpret test results, often due to inexperience. In other cases, doctors may not recognize the signs and symptoms of rare conditions, as these may be beyond their scope of expertise.

Risks of Delay in Diagnosis

Many serious health conditions worsen over time, and some have dire consequences if they are not diagnosed in time.

Cancer, if left untreated, can spread to other areas of the body and progress to a point where recovery is unlikely, if not impossible. Heart attacks and strokes also can cause serious damage if patients do not receive prompt care.

Even infections that could be handled easily can cause serious harm or death if they are not identified and treated.

Delayed diagnosis often results in a more complicated treatment regimen, requiring expensive medications, tests and medical care. In some cases, such a delay could lead to death.

Proving a Medical Malpractice Case

Like other medical malpractice cases, the legal claim must prove that a doctor-patient relationship existed and that negligence occurred.

It also must be shown that the doctor did not act as any other reasonably competent medical professional would have, in diagnosing the patient. In delayed diagnosis cases, negligence often boils down to speed, or how quickly other medical professionals would have diagnosed the condition.

Patients or their families also must prove that the negligence caused harm. A medical malpractice claim can be filed to recover compensation for pain and suffering, medical expenses and loss of income or future earning capacity.

If you or a loved one has been harmed by the actions ― or inactions ― of a doctor or other medical professional, it is important to contact an attorney promptly.

In the Boise area, the experienced legal team at the Montgomery Dowdle Law Offices will provide a complimentary consultation to review the facts of your case, and help you establish your medical malpractice claim.

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Though most cosmetic procedures and plastic surgeries result in no considerable complications or aftereffects, some patients suffer serious injury as a result. Medical errors can occur due to negligence, often caused by a health professional who fails to meet the acceptable standard of care, or is improperly trained or unqualified to perform the procedure.

Victims of medical negligence can seek financial compensation for their injuries by filing malpractice claims.

Injuries from Nonsurgical Cosmetic Procedures

According to the American Society for Aesthetic Plastic Surgery (ASAPS), the most common nonsurgical cosmetic procedures are Botox and hyaluronic injections. Following those in popularity are laser hair removal, chemical peels and microdermabrasion.

These cosmetic procedures do not require a skilled plastic surgeon and are often performed by doctors who lack any specialized training. In many cases, nurses, dentists or estheticians administer these potentially dangerous treatments.

Nonsurgical procedures can result in several types of damage or injury. In some cases, patients suffer burns, scarring, infection or loss of skin pigmentation. More rarely, these procedures can cause permanent nerve damage.

Injuries from Cosmetic Surgery

Cosmetic surgeries must be conducted by a qualified surgeon with extensive training and experience in carrying out plastic surgery procedures.

Liposuction and breast augmentation are the most frequently performed surgeries, with eyelid surgeries, tummy tucks and rhinoplasties not far behind.

Like nonsurgical procedures, cosmetic surgeries can lead to infection and scarring. Other, more serious types of injury also can occur. Hemorrhaging and internal bleeding happen in some cases, and nerve damage, tissue damage or tissue death is possible.

Some patients end up disfigured, or even die as a result of cosmetic surgery.

Filing a Medical Malpractice Claim

When patients suffer an injury as the result of a negligent medical error, they may require additional costly procedures, including reconstructive and revision surgeries.

Some patients may be left with lifelong injuries. Emotional or psychological trauma from the damage is a common result, particularly in cases where the botched surgery results are easily visible or cause a great deal of pain.

Though these cosmetic procedures and surgeries are voluntary, patients do not forfeit the right to competent medical care, and those who suffer personal injury are entitled to compensation for their losses.

An attorney can file a malpractice claim to hold the negligent party responsible and recover financial damages for medical costs, lost wages, loss of future income and pain and suffering.

The Montgomery Dowdle Law Office of Boise, Idaho, has almost three decades of experience in assisting victims of medical malpractice. Contact one of our experienced attorneys today to discuss your case.

We can help you negotiate the complex legal aspects of a medical negligence lawsuit, and help you to get the proper compensation for your personal injury, pain and suffering.

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Legal claims for malpractice can be filed against any medical professional, including dentists. The basis for such claims and the criteria that need to be met for each case can vary, however.

Dental Malpractice Claims

Dental malpractice claims fall under medical malpractice law. Filing suit against a dentist, therefore, involves proving the same elements as any other malpractice case.

First, you and your attorney must demonstrate to the court that the dental professional failed to meet the accepted standard of care, or in other words, that he or she neglected to provide the same level and type of care that any reasonably competent dentist in the same medical community with a similar background would have provided.

Just as with any malpractice claim, it isn’t enough to show that the dental professional was negligent or incompetent. Legal claims must also prove that injury or harm occurred as a result of the actions or inactions of the dentist.

Cases must also demonstrate that the injury or harm resulted in damages, such as medical bills, lost income and/or pain and suffering.

Negligent Dental Care Practices

Negligent dental medical malpractice occurs when a dentist, oral surgeon or other oral health care professional fails to diagnose or properly treat a patient’s condition.

Negligent dental care can take many forms. Dentists may, for example, extract the wrong tooth or extract teeth unnecessarily. Or, the patient may suffer complications from improperly placed crowns, bridges or implants. Nerve and sinus perforations also are possible when performing oral surgery, and many patients develop secondary infections due to substandard care.

When dental negligence occurs, serious and long-lasting injuries can result. Patients may develop nerve problems that affect their ability to taste or to feel hot and cold. Or they can experience temporary or permanent numbness in the mouth, or structural injuries to the tongue or jaw.

Temporomandibular joint disorders (TMJ) can also occur, causing patients to have issues with controlling the jaw and facial muscles. In some cases of medical malpractice, dentists have failed to diagnose serious health threats such as cancer, periodontitis or related diseases of the oral cavity.

Recovering Damages for Dental Malpractice

In Idaho, medical malpractice claims must be filed within two years of the medical error or negligence, or within two years of when the malpractice was discovered.

Victims of negligent dental care can pursue compensation for medical expenses caused by the injury as well as for lost time at work. Pain and suffering may also apply in many cases.

For the greatest chance of a successful claim, legal experts recommend obtaining a copy of all dental records and documenting every significant fact or event as evidence. An experienced medical malpractice attorney can help with all aspects of your claim and increase your chances of a successful outcome.

If you believe that you or a loved one has been the victim of negligence or incompetence, contact the Montgomery Dowdle in Boise. Our experienced legal team will evaluate your case and help you determine the best course of action for filing your dental or medical malpractice claim.

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Common types of medical malpractice involve incorrect or missed diagnoses, but medication errors and mistakes during childbirth are also common today in the United States. Negligence by nurses, doctors and other medical providers is a growing concern nationwide, especially those cases that go unreported or overlooked.

Most Common Types of Medical Malpractice

Misdiagnosis and delayed diagnosis are the most prevalent types of malpractice today. These events occur when a medical professional misses the true cause of an injury or illness and treats the patient for something different. Often the victims of misdiagnosis and delayed diagnosis can go weeks or months without proper treatment and may potentially be harmed by receiving treatment for the wrong illness.

Childbirth injuries often result from medical negligence. Sometimes the practitioner fails to identify birth defects or diseases that are potentially fatal to the fetus. During childbirth, problems may arise when medical staff members fail to anticipate complications. Any incompetent use of tools by medical staff also is considered malpractice. This is frequently seen in connection with implements (suction devices or forceps) used to expedite birth.

Errors sometimes happen when a patient is given the wrong medication or an improper dosage. In other cases, doctors may prescribe medication “off-label,” for a condition outside the drug’s recommended use.

Anesthesia errors can occur if an anesthesiologist administers treatment at the wrong time or in the wrong way. Sometimes complications arise due to using defective equipment or improperly inserted IV lines.

Surgery errors occur inside the operating room during in- or out-patient procedures. The surgeon may be at fault for being too hasty or distracted while administering the operation, or the staff may fail to properly give post-op care.

What to do if You Have been a Victim of Medical Malpractice

In many cases, victims of medical malpractice do not know their legal rights regarding lawsuits, or they may be incapacitated and unable to advocate for justice. The most effective way to ensure that you receive a fair resolution to your claim is to enlist the assistance of an experienced medical malpractice lawyer. An attorney is uniquely equipped with crucial legal knowledge that can expedite the process, ensuring that the injured party receives the care and compensation necessary to regain his or her health and independence.

If you believe that you or someone in your family has been the victim of a medical treatment error, contact Montgomery Dowdle Law Offices today. Their experienced, compassionate legal staff can help you through the complex process and ensure that you receive appropriate compensation for damages related to medical malpractice.

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Typical Types of Neglect

Four distinct types of neglect may occur in the nursing home or elder care setting. Emotional and social neglect happens when the resident is continually ignored and overlooked. This also is a time when the overworked and stressed staff may accidentally launch into verbal abuse at the patient without necessarily meaning to. Personal hygiene neglect happens when the resident does not receive adequate help with bathing or other personal care duties. Basic needs neglect happens when the nursing staff fails to provide adequate food and water and reasonable shelter. Sometimes this one can be the trickiest to detect, as you cannot determine if the resident is receiving adequate food or water without continuous visits. Lastly, medical neglect happens when the nursing home does not pay attention to patients’ medical problems, including illnesses, cuts and bruises, or psychological issues.

How to Recognize Neglect

Sometimes recognizing nursing home neglect can be difficult, especially if the patient is living far away from family. Nursing home residents may not want to admit to a problem for fear of worrying their loved ones. More often, they are embarrassed to talk about neglect or abuse because it signals to them a loss of control in their lives. Family members, if they know what to look for, can help detect signs negligence when they happen. These include keeping watch for any signs of sudden weight loss, bed sores or ulcers, injuries due to falls, dehydration, unexplained bruising, changes in behavior or a changed attitude toward the home’s staff. Additionally, a look around the living space of the home may reveal environmental hazards such as leaks and spills, or signs of mistreatment among other residents.

What to Do if You Suspect Neglect

If you suspect your loved ones are being mistreated in their home, don’t let it go without action. Talk to the elderly patients themselves and see if they are willing to corroborate your suspicions. Sometimes the patient has been too complacent or too scared to speak up. Assure them that you will protect them and ensure their safety. If they admit to having experienced neglect or abuse, the safest course is to take legal action.

If you’ve noticed signs that your loved one is being neglected in a nursing home, contact the legal team at Montgomery Dowdle Law for more information. Their experienced attorneys can help you build a case and explain the next steps to fight nursing home neglect.

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MEDICAL MALPRACTICE IS HAPPENING TOO MUCH

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