Carolina Accident Lawyers

A Charlotte Medical Malpractice Attorney Know What Adjusters Look For

A Charlotte Medical Malpractice Attorney Know What Adjusters Look For

Charlotte NC Medical Malpractice Lawyer

Problem #1: Your Story and the Doctor’s Do Not Match

No matter how badly you were hurt, if your medical records don’t match your story, you have a recipe for disaster. Adjusters look for discrepancies between what you claim caused your injury and what your doctor’s records say. Your Charlotte medical malpractice attorney will inform you concerning how claims representatives scrutinize your medical records, on the hunt for the following:

  • length and permanence of disability
  • whether you were you scarred or disfigured
  • pre-existing conditions or injuries
  • evidence of drug or alcohol use at the time of the accident
  • any other inconsistencies between your account of the accident and what the records show

Take a look at an example of how this might pose serious problems. Suppose you claim you injured your back in a car accident. However, your treating doctor’s records make no mention of this and, instead, reference that you reported slipping on some ice at the supermarket. Your Charlotte medical malpractice lawyer would likely be unable to explain this discrepancy to the adjuster’s satisfaction.

Problem #2: Out of Whack Medical Bills

Just like your Charlotte medical malpractice attorney, insurance adjusters have trained “noses” when reviewing injury claims. They look for medical bills that don’t pass the “smell test” for your type of injury. Soft tissue injuries (as opposed to say, broken bones) in particular raise suspicions. Here’s where your Charlotte medical malpractice lawyer can help. While they cannot guarantee settlement value, your Charlotte medical malpractice attorneys can preview your claim and help spot problems before the adjuster does.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Burnt Out Nurses a Danger to Patients?

Rock Hill SC Medical Malpractice Lawyer

The job of a nurse is one of great importance. A nurse is in charge of distributing medication and must monitor the most minute details in a patient’s progress, along with being responsible for relaying information to the doctors and patients constantly.

Some hospitals fail to recognize the importance nurses serve, and this can lead to mistakes. Many hospitals have cut corners by keeping fewer nurses on staff. According to a new study, high patient-to-nurse ratios are one of the leading contributors to medical malpractice or fatal incidents.

When  a hospital is under staffing their nurses, it results in a bad work environment.  Researchers then found that nurses in a negative work environment they have a higher likelihood of becoming burnt out, resulting in medical mistakes.

The lead author of the study said that stress is very common in a bad work environments such as this. She explained that “all of a sudden they are doing work, but they are not even cognizant of what they are doing, they are so stressed.” This could lead the nurses to do something like forgetting to mark something on a patients chart or not wash their hands.

The study concluded that around 30% of nurses experience being burned-out. Reducing this number by even 10% would help to lessen the mistakes and lift the stress off of a portion of the nursing staff. This would result in a more positive work environment and better care for patients.

An organizational psychologist who focuses on job-related stress said that the study could not demonstrate cause-and-effect relationship between high patient-to-nurse ratios and job burnout, but did say that burnout leads to nurses compromising their professional standards such as dutifully washing hands.

These findings have inspired some states to consider laws that mandate minimum nurse-to-patient ratios. The belief is that this is one way to prevent nurse burnout and the medical malpractice it causes.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

A Charlotte Medical Malpractice Lawyer Discusses Damages for Pain and Suffering

Charlotte NC Medical Malpractice Lawyer

Pain and suffering, medical bills, lost wages and property damage all factor into the amount of money that gets paid out on a claim. As your Charlotte medical malpractice lawyer can advise you, pain and suffering is properly documented through medical records that outline the treatment and physical pain you endured.

Use and dosages of any prescription pain or anti-inflammatory medications should be well-documented. Information submitted to the insurer should include whether you continue to take the medicine, or if you stopped using painkillers, what length of time you were required to use them. You should also include whether your injuries had any temporary or permanent impact on the range of motion for any body part. In a number of states, you can collect damages for additional pain and suffering if a pre-existing medical condition worsened following an accident.

Past, Present and Future

Insurance adjusters typically require documentation to prove a pain and suffering claim. For instance, the adjuster would need a statement from your doctor and employer if your alleged pain from the injury caused you to miss work. As your Charlotte medical malpractice attorney will tell you, any settlement offer or payment should take into account past and future pain and suffering.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Medical Malpractice Claim Issues

Charlotte NC Medical Malpractice Lawyer

Motor vehicle accidents caused by reckless or distracted drivers are happening daily across our nation, causing innocent victims to suffer injuries or worse. According to a 2011 report, folks may actually be more at risk of suffering serious or fatal injuries at the hands of a negligent doctor rather than a negligent driver in North Carolina. According to a news report, more patients die from incidents of medical malpractice compared to the number of motorists who die in traffic accidents each year in our state.

Serious or fatal medical mistakes can forever change the lives of victims and their families. Victims could suffer permanent injuries and no longer have the capability of returning to work or living on their own. Families often suffer emotional pain, knowing that a loved one’s death or injuries could have been prevented. But families also suffer financial consequences, especially when the victim is a family’s primary wage-earner.

When considering the physical, emotional and financial effects a medical mistake can have on a  patient and their family, folks might assume that they of all people are entitled to receive compensation for their injuries, pain and medical expenses. Unfortunately, this is not always the case in North Carolina.

Last year, Senate Bill 33 took effect. This bill caps non-economic damages in medical malpractice cases, prohibiting damages for emotional pain and suffering from exceeding $500,000 for patients and their families. This bill also gives more protections to doctors rather than patients.

Current laws may make it difficult for victims to pursue medical negligence claims on their own. But with the help of an attorney who will aggressively protect the rights of patients and their families, medical malpractice victims may have a better chance of receiving the compensation they need and deserve.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Factors Affecting the Value of Your Case

Rock Hill SC Medical Malpractice Lawyer

Liability

Ultimately, your medical malpractice lawyer knows that the major question to answer is:  How strong is the evidence proving the defendant’s negligence?  In other words, is the defendant liable?  The type of case, whether a slip-and-fall case or automobile case, is irrelevant; what matters is the strength of your case proving that the defendant was negligent.

If crystal clear evidence proves the defendant’s liability, your settlement value increases correspondingly.  If the evidence proving liability is somewhat weak and the chance of winning your case is 50% or less, your settlement value significantly decreases.

Comparative Negligence

The role your own negligence had in the cause of your injuries is referred to as comparative negligence.  Your Charlotte medical malpractice attorney will advise you that recovery in your case will be reduced by any comparative negligence.  In fact, if you were negligent in any way, some jurors believe you should not recovery anything.

Sometimes comparative negligence is attributed to a plaintiff who was involved in an accident simply by being there, e.g., head-on collisions involving a defendant who crossed the center line, or rear-end collisions involving a plaintiff simply waiting for a red light.

Your case can be lost completely at trial if your negligence comes close to 50% of the defendant’s negligence.  If you have only slight comparative negligence, your attorney will advise that you need not worry too much.

Particularly in motorcycle cases, an insurance adjuster may solely use the defendant’s account of the accident to bring up comparative negligence.  In slip-and-fall cases, the subject of comparative negligence will almost always be raised.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Wrong-Side Surgery

Rock Hill SC Medical Malpractice Lawyer

Recently in Washington, a doctor operated on a little boy’s left eye when she was supposed to operate on his right. Her reasoning for this mistake was that she lost her sense of direction.

Careless mistakes by doctors frequently lead to wrong-side and wrong-site surgeries. Doctors are supposed to take a marker and mark on their patient’s body where they are having surgery at to avoid these careless mistakes.

These mistakes, which also happen in North and South Carolina and are examples of Medical Malpractice, can lead to serious injuries and even death.

Not only are wrong-side surgeries dangerous, they are also costly. Usually when a wrong-side surgery happens, the original problem goes unfixed. This means that you will most likely have to have another surgery to correct what you went in for the first time.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Types of Medical Malpractice

Rock Hill SC Medical Malpractice Lawyer

Medical malpractice comes in many different forms. The key thing to keep in mind if you suspect that you may have been a victim of medical malpractice is that the doctor will have to have breached their duty to you as a patient in some regard. There are many ways that this can happen. Some of the most common ways follow.

Failure to Render Treatment

Many medical malpractice claims revolve around a physician failing to provide the type of treatment that was needed. In these situations, the physician should have known that a particular treatment was called for, given the circumstances. The physician also has to have taken on the plaintiff as their client. If you went into a hospital, for example, and were exhibiting signs that you had internal bleeding and ended up not being treated for it and suffering because of it, medical negligence may be found by a jury to have been the cause of your suffering.

Wrong Treatments

Physicians sometimes order the wrong treatments for a patient and, in doing so, greatly increase the amount of pain and suffering and negative health outcomes for that patient. In these cases, the patients sometimes decide to sue for malpractice. Oftentimes, if the malpractice caused a situation where the patient was unable to work for a long period of time, the cost of their lost wages will be added to the lawsuit. This is a very common reason why people sue for medical malpractice. There have been instances when people have even been given the wrong surgery or given medications to which they were known to be allergic.

Mistakes

Sometimes, a mistake is at the heart of a medical malpractice claim. These include cases where doctors leave something inside a patient’s body after surgery or, in the most horrific cases, where patients get mixed up and two patients are given surgeries that were intended for the other patient.

Failure to Diagnose

One of the most common examples of medical malpractice is failure to diagnose. These situations can be potentially deadly for patients. If a doctor fails to take the measures necessary to diagnose whether a condition is serious, a patient may not get the treatment that they need in time to prevent that condition from getting worse or, eventually, taking the patient’s life.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Medical Malpractice in Doctor’s Offices And Hospitals

Rock Hill SC Medical Malpractice Lawyer

Medical malpractice continues to be a major problem affecting millions of people in the United States.  The National Institute of Health places the number of deaths from medical malpractice each year around 225,000, making it the third leading cause of death in the United States, following heart attacks and cancer.  This does not even take into account all the serious injuries, including permanent injuries that occur each year because of medical malpractice, or the million plus patients who are injured because of medication errors in hospitals, doctors’ offices and nursing facilities.

Medical malpractice lawsuits often involve doctors, nurses, and hospitals.  Even though most nurses are employees of the hospitals, most doctors are independent contractors.  This creates an extra layer of legal protection for the hospital if medical malpractice occurs due to the negligence of a doctor.  Patients are also required to sign forms, including the condition of admission which states that the doctors are not employees of the hospital, but rather independent contractors.  Patients who are injured by medical malpractice therefore need to name the doctors as defendants, as well as the hospital in a medical malpractice lawsuit.

Patients often enter hospitals with pre-existing medical conditions; therefore it becomes even more challenging in a medical malpractice case to prove that medical negligence caused serious injuries or death to the patient.  Physicians who are responsible for medical malpractice may blame the injury on the patient’s pre-existing medical condition, rather than accepting responsibility for their own negligence. In situations like this, retaining the services of the best medical malpractice lawyer possible, especially one who is also a licensed medical doctor, is vital for proving medical malpractice occurred and obtaining the largest settlement or verdict possible for the injured patient.

Another problem with hospital malpractice involves overcrowded emergency rooms and overworked medical staff.  A serious medical problem can progress into a severe medical emergency if a patient in need of immediate medical care is kept waiting too long.  The patient may also be rushed through the examination and misdiagnosed.  If the hospital is understaffed, it may even bring in less experienced replacement workers to help fill the void.  This can lead to severe injuries or even death to patients.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Valuing Your Personal Injury Claim

Charlotte NC Medical Malpractice Lawyer

One of the most common questions that personal injury claimants ask their Charlotte medical malpractice attorney is how much their case is worth.  Valuing a personal injury claim is not an easy thing to do, especially at the initial stages when your attorney does not have all the facts.

 Even once your Charlotte medical malpractice attorney has obtained all the facts through investigation and discovery, there are still many factors that need to be considered to determine the value of a personal injury case. These factors include:

  • How many medical bills you have accrued
  • Whether you had to be hospitalized as a result of your injury
  • Your pain and suffering
  • The effect of your injuries on your marital status and loss of consortium
  • Whether your injuries are permanent, including permanent disfiguration
  • Your total loss of income as a result of your injury
  • The extent of liability of your party
  • The amount of solid evidence available to build your case
  • The strength of the defendant’s case
  • The status of the law as applicable in your particular case
  • The ability of the insurance company to litigate your case

 These are only some of the factors that your Charlotte medical malpractice attorney will need to consider in determining the value of your case.

 Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

Share this article on Social Media!

Why Medical Malpractice Cases May be Rejected

Charlotte NC Medical Malpractice Lawyer

According to the Kaiser Family Foundation,  in 2011 alone 9,497 medical malpractice claims were paid, with 256 of those claims being from North Carolina and South Carolina combined.  Statistics from the U.S. Bureau of Justice show that plaintiffs won less than a quarter of the trials, and on average plaintiffs received $400,000.

It must be proven that the physician violated or fell below the standard of care and that the the violation caused ongoing damages.

The expertise of physicians, nurses and hospital staff will need to acknowledge something went  wrong and that the error caused the patient additional health issues.

There are five things to consider when you are unsure if you have a medical malpractice case:

1. If you recovered

2. If you situation is complicated by other factors

3. You received the standard care

4. If your outcome falls within the acceptable risks

5. If there are other ways to address the problem

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

Share this article on Social Media!