Information On Medical Malpractice Claims
Medical malpractice is an incident wherein the neglect or error of a medical professional resulted in the death or injury of a patient. Although most such cases are filed against physicians and medical establishments, other medical care givers may also be the subject of a medical malpractice lawsuit.
Factors that warrant a medical malpractice claim
It is important to keep in mind that not all cases of patient in or death warrant a medical malpractice claim. In order to be considered legitimate, the claim should involve the following factors:
- A mistake committed by a medical professional
- Injury caused by that mistake
The mistake itself may be the result of erroneous action by a medical professional, or it may be the result of inaction, in which case it is referred to as “omission” or “medical negligence”.
The error that causes in warranting a medical malpractice suit can occur at any time during treatment. A physician may provide the wrong diagnosis for example, preventing the implementation of proper treatment. In the same way, a physician that provides a proper diagnosis but fails to provide the proper treatment may also be liable for a medical malpractice suit.
Another factor that will be considered in a medical malpractice suit is the quality of medical care provided. In order for a medical malpractice claim to prosper, the plaintiff’s attorney must prove that the physician in question failed to provide the patient with medical care conforming to the established standards in the community. If a patient has a heart condition for example, the medical care that he receives should be in conformance with medical care practices in the area where he is treated. If the physician fails to provide that, he will be held liable in a medical malpractice suit.
An injury itself is not enough reason to warrant a medical malpractice claim. The attorney representing the patient should also prove that the physician in question did actually cause the injury by error or omission, and that this mistake caused further injury to the patient. These cases might involve:
- Amputation of the wrong limb
- Surgery on the wrong side of the brain
- A health condition worsened by treatment
Even if the physician in question committed an error at any stage of the treatment, there is no medical malpractice case unless the error actually resulted in injury. No matter how serious the error may seem patients can only file a medical malpractice claim if there is an injury involved.
The plaintiff’s attorney will also have to prove that the injury is a direct result of the error committed by the physician. In most medical malpractice cases, this is the most difficult aspect to prove.
Other individuals and organizations that may be involved in a medical malpractice suit
Medical malpractice lawsuits don’t always involve physicians. In some cases, medical malpractice suits have been filed against nurses and other employees of a medical care establishment. Depending on the specifics of the case, non-medical personnel and even hospital administrators may be liable for a medical malpractice lawsuit. Nurses and other medical care professionals may not use following orders as an excuse or defense against a medical malpractice suit.
Once you have gotten your immediate medical needs taken cared of, the next important step is to seek legal representation. This will allow you to file a medical malpractice claim and possibly get compensation for any injuries–mental as well as physical–that you may have incurred. In some cases, the compensation received from a medical malpractice claim may even cover loss income and emotional trauma apart from the physical injuries sustained.
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
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Results may vary depending on your particular facts and legal circumstances.