If you believe that you or a loved one have been the victim of medical malpractice, your first actions may play an important role in affecting your claims against the doctor, nurse, hospital or other healthcare professionals and your financial recovery from them.   If you believe that you’ve been injured by the care of a doctor, nurse, hospital or others, be sure to follow these important tips.

Don’t sign anything from the hospital or their attorneys
At the first sign of trouble – at the first sign that a doctor, nurse, or other healthcare professional may have committed malpractice – the hospital or their attorneys will swoop in to do damage control.  They may waive fees, provide nice accommodations (say, a private room), and assign their most gentle and seemingly helpful staff to work with you.  Be on your guard!  Their goal is simply to limit their liability.  While we encourage you to work with them to get medical care, do not sign any documents that speak to medical liability.  Immediately contact a trusted medical malpractice attorney who can explain the consequences of the documents they wish you to sign.

Collect your medical records for use by medical malpractice lawyer
Take the time to collect all medical records that you have.  This includes test results, lab reports and any other communications which speak to the status of the medical condition or diagnosis of the injured person.

Collect your billing information for use by medical malpractice attorney
While billing information may seem mundane and not pertinent, these billing records contain important information.  The billing codes listed on medical bills indicate which procedures were performed and, just as important, which procedures were not performed.  Collect all billing information so that your medical malpractice attorney can evaluate your claim and help you build an effective case against those who injured you or a loved one.

Write down the names of all healthcare professionals
Do your best to write down all of the names of the medical professional who attended the injured person.  Be sure to include not only the doctor and the nurse(s) but also nursing aides and even orderlies.  In short, write down the names of all people who interacted with the injured person.

Call a trusted medical malpractice attorney
When you believe that you or a loved one have been injured as the result of medical malpractice, the most important thing is to take care of the health of the injured person.  However, as soon as you have addressed these medical matters, be sure to contact an experienced medical malpractice attorney to determine if you need legal representation. Call Hal Waldman & Associates at (412) 567-4655 for a quick consultation — so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!

When you visit a doctor, you have many expectations.  You expect the doctor to properly diagnose any problems; if testing is in order, he will conduct it in accordance with standard protocols; if any medication is needed, he will prescribe the right medicine in the right dosage; if surgery is called for, it will be performed correctly; and if any post-care is required, it will be done adequately.

Unfortunately, doctors do not always meet these expectations.  The result is medical malpractice, which, among other things, can inflict pain, result in expensive medical bills, and cause you to lose wages as the result of lost time at work.  If you believe that you have been injured by a doctor’s mistakes, be sure to consult with a highly qualified Pittsburgh attorney who specializes in medical malpractice.

Below are some of the most common types of medical malpractice.  A good Pittsburgh medical malpractice attorney who has significant experience in medical malpractice will be able to handle almost of these types of medical malpractice.

Medical malpractice caused by failure to properly diagnose an illness

Failure to diagnose or misdiagnosis
A common mistake by doctors is that they failed to discover or diagnose your illness or condition.  A related mistake is that the doctor did make a diagnosis, but it was the wrong diagnosis.

Failure to recognize symptoms
Related to an improper diagnosis is a doctor’s failure to recognize that you have symptoms of a particular disease or condition.

Failure to take patient history
One of the reasons that doctors make mistakes related to diagnosis or symptoms is that, sometimes, they do not sit down with the patient to take his or her history – that is to say, your past illnesses and conditions, or the past illnesses and conditions of family members.

Disregarding patient history
Another source of medical malpractice occurs when a doctor does take or possesses a patient’s medical history but fails to take that history into account when making a diagnosis or creating a plan of care.

Medical Malpractice due to improper testing

Failure to order proper testing
After your doctor has met with you to discuss symptoms you may be exhibiting, your doctor will often order tests to gain further information about your condition.  Sometimes doctors fail to order the right tests.

Misinterpretation of laboratory results
On the other hand, some doctors do order the right test(s), but fail to properly understand the results of those tests.  Sometimes this can be attributed to their lack of education or understanding of a particular medical specialty.

Failure to include lab results in diagnosis
A related problem can occur when a doctor has ordered the right test, and may or may not have properly interpreted the results, but, nevertheless, does not incorporate the results of those tests into his or her diagnosis.

Medication related errors resulting in medical malpractice

Wrong medication
One of the most common types of medical malpractice occurs when the doctor orders you the wrong medication.  Often this is related to the doctor having improperly diagnosed your condition.

Wrong dosage
In other instances, the doctor may order the correct medication, but may have prescribed the wrong dosage of that medication.

Surgery related errors causing medical malpractice

Unnecessary surgery
Surgery related errors cause some of the most extreme examples of medical malpractice.  Doctors who order unnecessary surgery (sometimes to generate lucrative fees) risk the lives of their patients.

Mistakes during surgery
Medical malpractice also occurs when the doctor performs necessary surgery but commits an error while doing so.

Wrong site surgery
Finally, surgery performed on the wrong part of the body can cause serious injuries to patients.

Post-care errors and medical malpractice

Early discharge from care
As health insurers look to cut the costs of patient care, one of the most frequent (and dangerous) tactics they sometimes adopt is discharging patients too early from the hospital or other site of care.

Inadequate post-treatment care
Finally, doctors are under duty to care for a patient after an illness has been treated.  If your doctor did not provide adequate post-treatment care, this may be a form of medical malpractice.

What to do if you believe that you have been injured by medical malpractice

We hope that you and your family are never injured as the result of medical malpractice.  However, if this happens, be sure to contact a trusted attorney to determine if you or you need legal representation. Call Hal Waldman & Associates at 412 567 4655 for a quick consultation — so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!

If you believe that you or a loved one have been the victim of medical malpractice in Pittsburgh, you may find yourself wondering, “how do I know which attorney to choose?”  As you do your own research to evaluate medical malpractice attorneys, pay close attention to the following considerations:

A local network of medical specialists

Families confronted with a devastating injury turn to medical malpractice attorneys.  Families may not realize, however, that a key part of the legal team that will handle their case are medical experts, engaged by their attorney, who will evaluate their seriousness of their injuries.  Hal Waldman & Associates has an extensive network of highly skilled physicians who meet with injured people to assess the seriousness of their injuries.  These physicians then provide their reports to the attorneys who use these reports to build the strongest case possible to seek the highest possible compensation for their injuries.

Client communication and responsiveness

Another important factor to review when choosing a Pittsburgh medical malpractice attorney is client communication and responsiveness.  When you call a medical malpractice law firm:

• do they answer the telephone right away?
• do they take the time to get all of the facts of your injury?
• are they knowledgeable about your type of injury?
• do they regularly stay in touch to update you on the progress of your case?
• do they keep in contact to understand the progress on your doctor and therapy visits and your health?
• if you call with questions, do they answer you quickly and fully?

Experience with Medical Malpractice

We hope that you and your family are never injured as the result of medical malpractice.  Hal Waldman & Associates has been helping injured people for over 30 years.  Our experience helps us:

• ask the right questions
• know when to get expert medical opinions
• know which medical experts to consult
• understand the intricacies of insurance claims
• understand how to get you the highest possible compensation for your injuries, including, among other things, payment for present and future medical bills, pain and suffering, and lost wages.

What to do next

We hope that you and your family are never injured as the result of medical malpractice. However, if this happens, be sure to contact a trusted attorney to determine if you or you need legal representation. Call Hal Waldman & Associates at 412 567 4655 for a quick consultation — so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!

Interrogatories are written questions requiring the responding party to provide written answers under oath.  In the context of medical malpractice cases, these interrogatories are questions which are given to those claiming an injury from medical malpractice (plaintiffs) as well those alleged to have committed (defendants).

Interrogatories Directed to Defendants in Medical Malpractice Cases

Plaintiff attorneys direct interrogatories to defendants in order to gather information which enables the plaintiff attorney to build the case. Each state has laws governing the timing and scope of such interrogatories.

Obviously the focal point of such questions will address the circumstances surrounding the alleged injury.  Such questions will ask for information about the related medical procedures preceding the injury, medical procedures performed at the time of the injury, and any related procedures performed after the injury.  Such questions will also ask for medical records related to such medical procedures.

In addition to questions directly related to the injury, plaintiff attorneys will also ask other questions to assist in the building of the case.  Below is a list of some, but not all, questions that might be posed to the defendant:

Tests Ordered and Results
Interrogatories may ask for a complete list and description of all tests ordered and the results.

Hospital and group practice policies
Plaintiff attorneys may ask for the hospital’s policies on the types of procedures at issue.  Attorneys are also likely to ask for hospital policies and procedures on how medical documents are stored.

Education
Plaintiff attorneys may ask questions regarding the doctor’s education.  This may include not only their basic medical training but also any specialized training pertinent to the injury.  Additionally, interrogatories may ask the doctor to provide information related to their ongoing continuing medical education.

Electronic Records
In addition to asking for paper records, plaintiff may ask for the electronic version of medical records.

Billing
Interrogatories may ask for the billing codes related to procedures performed by the doctor (and other medical personnel) in connection with the plaintiff.  Such codes will give the plaintiff’s attorney detailed information about procedures performed.

Doctor’s schedule
Interrogatories may request a copy of the doctor’s schedule for pertinent times.

Radiology Images
Plaintiff attorneys may ask for all imaging studies and the complete radiology file.

Employment agreements and Group Agreements
The plaintiff attorney sometimes asks for employment agreements between the doctor and the hospital and his practice group.  The attorney may also ask for any contracts between the group practice and the hospital.

Telephone Records
Interrogatories may ask for records related to telephone calls that may have taken place during the time in question among involved doctors and other medical personnel.

Videos and Pictures
Plaintiff attorneys will also ask for copies of any videos or photographs taken in connection with procedures at issue.

Defenses
The plaintiff attorney may ask the defendant to state which defenses they intend to assert regarding the matter.

The above is just a sample list of questions that may be posed to defendants.  Plaintiff attorneys may pose additional questions.  In all events, each state has specific laws that govern the scope and timing of interrogatories posed to defendants.

Interrogatories Directed to Plaintiffs in Medical Malpractice Cases

Just as plaintiff attorneys may pose interrogatories to defendants, defendant attorneys may pose them to plaintiffs.  Below is a list of some, but not all, questions that might be posed to the plaintiff:

Medical Bills and Records
The defendant’s attorney may pose interrogatories which ask the plaintiff to provide copies of medical bills and medical records related to the alleged injury.

Expert Witnesses In Medical Malpractice Cases
Interrogatories directed to the plaintiff may ask him or her to reveal whom they intend to call as expert witnesses. For example, if the plaintiff visited another doctor (the “expert” in this case) to examine the injuries alleged to have been sustained at the hands of the defendant doctor, the defendant’s attorney will want to know the name and other information about that expert.

Theory of the case
The defendant’s attorney may use interrogatories to uncover the plaintiff’s theory of the case – i.e., why the alleged injury was caused by the defendant.

The above is just a sample list of questions that may be posed to plaintiffs.  Defendant attorneys may pose additional questions.  In all events, each state has specific laws that govern the scope and timing of interrogatories posed to plaintiffs.

CONCLUSION

The Pittsburgh law firm of Hal Waldman and Associates hopes that you and your loved ones are never the victim of medical malpractice.  We have been helping people injured by medical malpractice for more than 30 years.  Call us at 412-567-4655 for a quick consultation so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!

Depositions are sworn testimony, given under oath, by a party to a lawsuit.  While a deposition can be held anywhere, they are often held in an attorney’s office.  Although a judge is not present, statements – that is to say, the “deposition” — are recorded by a stenographer and sometimes are recorded by video camera as well.

Who can be deposed in a medical malpractice case?

The person offering testimony (called the “deponent”) may be either the plaintiff or the defendant.  In a medical malpractice case this may include:

• the person claiming an injury
• the doctor who examined him or her
• the doctor (or other medical professional) who is alleged to have caused the injury

However, people other than plaintiffs and defendants may be deposed.  In short, anyone with information relevant to the circumstances of a lawsuit can be deposed.  Some of the types of people who can be deposed include:

1. Doctors and other medical personnel not named in the lawsuit

Thus, while the doctor against whom a medical malpractice suit has been filed is a likely person to be deposed, other doctors (or other medical personnel with information relevant to the lawsuit) may be called to offer sworn testimony in the form of a deposition.

2. Custodians of medical records

The people who were responsible for handling medical records may be testified so as to establish (or refute) that proper care was taken of relevant medical records.

3. Witnesses

Witnesses can include not only people who witnessed the injury but also any subsequent treatment.

Purposes and uses of depositions in medical malpractice cases

There are many purposes and uses for depositions.  Below are some of the most common:

Learn more information
The main purpose of a deposition is to allow the questioning party to learn more about the circumstances involved in a lawsuit.

Experts
Depositions may be given to experts who will form an opinion relevant to the lawsuit.

Inconsistencies
Those who give testimony at a deposition are advised that any consistencies between statements in a deposition and statements offered during trial may be used to call into question or diminish their credibility.

What to do if you are called to be deposed

Many people who are called to be deposed are already represented by legal counsel.  Such people should follow the advice offered by such counsel.  If you don’t have legal counsel, you may wish to obtain it.  In any event, those who are asked to given sworn testimony are advised to follow these guidelines:

Be prepared
Find some quiet time to recall the incident in question.  If you made any notes at the time of the incident, review those.

Think before answering
When answering a question, taking a moment to collect your thoughts is a good idea.  Here are some strategies you should follow:

• Wait for the question to be completed.  Don’t start answering until the question has been completed.
• Wait five seconds, or however long you need to compose your thoughts.
• Don’t guess.  If you don’t know the answer, say so.
• If you don’t understand the question, ask for the question to be repeated or asked in a way that you understand the question.
• If the question really seems like two questions, say so, and ask the questioner to pose only one question at a time.

Be truthful
Answer each question truthfully and fully.  But … see the next point!

Answer only the question that has been asked
It is human nature to want to offer a full context for your answers or to anticipate other questions.  Most of us, even in a formal situation like a legal deposition, are inclined to be helpful and we believe that telling everything we know will be appreciated and/or speed up the deposition.  In a deposition, however, the best strategy is to answer only the question that has been posed.  The attorney asking the questions has organized the questions to methodically obtain the information they require.

A simple example is the following: if you are asked for your first name, give just your first name – not your first, last and middle name.  The attorney will then ask for your last name.  And so forth.

Take breaks
People, even attorneys and others who are familiar with depositions and other legal proceedings, find depositions to be an intense and exhausting experience.  If you find yourself getting tired, respectfully ask for a short breaks.

The law firm of Hal Waldman and Associates hopes that you and your loved ones are never the victim of medical malpractice.  We have been helping people injured by medical malpractice for more than 30 years.  Call us at 412-567-4655 for a quick consultation so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!

If you have been injured by a practitioner of alternative medicine, you may be asking yourself if you can sue for medical malpractice.  This article examines whether or not you might have a case for medical malpractice by first looking at what constitutes alternative practitioners of medicine, the key factor in assessing whether a law suit for medical malpractice is appropriate, and what to do next.

What are Alternative Practitioners?

The definition of what constitutes a practitioner of alternative medicine is a matter of debate.  To some, an “alternative practitioner” is any medical professional who does not possess an M.D. or similar qualification that requires passing a state-administered exam.  To others, “alternative practitioner” refers to any medical professional whose practice does not require a state license.  Finally, some believe that the question is whether or not the alternative practitioner has “malpractice insurance” from which compensation for injury can be recovered.

Types of Alternative Practitioners

There are many types of medical professionals who are considered “alternative practitioners.”  Such categories (and licensure requirements) vary by state so be sure to consult and attorney to assist you in this matter.  Some of the most common types of alternative practitioners include:

Chiropractors
Chiropractors diagnose, treat and attempt to prevent disorders or the neuromusculoskeletal system (that is, the interaction between nerves, muscles and bones).  Treatment typically involves using the hands to manipulate the spine and other joints and soft tissues.  Many states license chiropractors; consult an attorney to determine if chiropractors in your state require a license.

Acupuncturists
Acupuncturists use thin needles that are inserted into acupuncture sites on the skin to increase health.

Herbalists (Herbal Medicine)
Herbalists attempt to use the chemical found in certain plans to treat disease.

Naturopath
Naturopaths believe that key processes in the body (like growth, metabolism and reproduction) are affected by our stores of energy or “vital energy”.

Homeopath
Homeopaths believe that using small (diluted) amounts of a substance that causes disease in healthy people can be used to cure sick people.

Holistic Healing
Practitioners of holistic medicine believe in the interaction (beneficial or harmful) between all aspects of the person – for example, the physical, mental, social and spiritual.  Thus, when a patient engages a holistic practitioner to help cure a particular physical ailment, the practitioner will also take into account mental, social and spiritual aspects of the patient.  Since many conventional medical doctors believe in the interconnectedness of the physical and psychological, a medical doctor’s reference to a “holistic approach” to care is not necessarily indicative of that doctor being an “alternative practitioner.”

When to Contact a Medical Malpractice Attorney

If you have been injured by one of the above types of alternative practitioners of medicine, you may want to consult with an attorney to determine whether or not the practitioner: (a) was required to have a state-issued license and/or (b) was required to have malpractice insurance.  If the alternative practitioner was supposed to have a license and does have medical malpractice insurance, then you may have a cause of action for medical malpractice.

What if the Practitioner is not Liable for Medical Malpractice?

In those instances where a medical professional has rendered you care, but is not covered by your state’s medical malpractice laws (e.g., because they are not required be licensed and/or they do not have insurance), you may still have a cause of action.  For example, if the professional claimed to have a certain license, but did not, he or she could be sued for fraud.  Aside from fraud, though, there are other causes of action that you could bring.  In those instances, it is critical that you consult with an attorney highly experienced in personal injury law.

The law firm of Hal Waldman and Associates hopes that you and your loved ones are never the victim of medical malpractice related to the practice of alternative medicine.  We have been helping people injured by medical malpractice for more than 30 years.  Call us at 866-586-8235 for a quick consultation so that we can quickly help you determine if you would benefit from legal counsel.  The call is free and puts you under no obligation.  We want to help you!