How to establish continuity of care without such records? Will any doctor even prescribe low doses of medicine without the monitoring databases? It really looks like suspicious when meeting with new doctors.

In Fort Lauderdale, you cannot subpoena medical records that don’t exist. And, if you are not able to find a good doctor in time, the case may worsen further. Hence not keeping medical records, radiologic and other diagnostic confirmation may get you in great trouble though your condition is legitimate.

Ask your Fort Lauderdale Medical Malpractice Lawyer how to find other means of survival. The options could be like these:

Go back to your pharmacy and get a copy of your prescription history. If it is a chain pharmacy you can obtain the scanned copy of actual scripts.

Visit your nearest medical university or ask them for direct reference to a legitimate pain center.

For non surgical candidates morphine pump at a steady state low dose may also work.

]]> http://www.floridalawyeradda.com/medical-malpractice/is-your-medical-doctor-relocating-leaving-you-untreated.html/feed 0 http://www.floridalawyeradda.com/medical-malpractice/the-necessity-of-expert-witnesses-for-a-medical-malpractice-case.html http://www.floridalawyeradda.com/medical-malpractice/the-necessity-of-expert-witnesses-for-a-medical-malpractice-case.html#comments Thu, 09 Dec 2010 08:32:33 +0000 Stephen http://www.floridalawyeradda.com/?p=200 Medical malpractice cases can prove to be some of the most technical and oftentimes most challenging of lawsuits to bring to a successful completion. Many states, like Texas, have recently changed or added laws that have made it increasingly difficult for even a legitimate medical malpractice suit to be brought against a negligent medical professional. While this was likely done in order to prevent frivolous medical malpractice lawsuits from being brought by otherwise greedy patients, it has also served to sometimes make it more difficult for an actually injured patient to receive proper compensation for their further injuries as a result of medical malpractice. Houston medical malpractice attorney Michael Grossman believes that medical malpractice cases should ensure that top-notch expert witnesses are available to testify on behalf of the injured client.

An expert witness is just what is sounds like: a person who knows an immense amount regarding the subject at hand. Since medical malpractice suits require a high degree of specialized knowledge, expert witnesses in these cases are most often likely to be highly-experienced medical professionals that carry the same kind of knowledge as the medical professional at fault for your injury. By enlisting their help in a medical malpractice suit, a plaintiff’s legal representation can make sure that all parties involved in the case know what the standard of care was for such an injury, and, consequently, whether or not the medical professional at fault met that standard of care. In other words, expert witnesses in medical malpractice suits are often quite a necessity in such technical cases so that everyone involved in the case understands how and why the negligent medical professional was actually negligent in their duties. Without such expert opinion, medical malpractice suits can prove to be quite daunting in proving whether or not a medical professional lived up to the standard of care for their particular medical field.

Tort law talks about legal injury and present the circumstances under which a person may be held responsible for another injury to compensate the victim in terms of money. But the way personal Injury lawyers are representing the injured parties in recent years, the tort system is facing economic criticism these years in USA. In fact changes in civil justice system are required to reduce tort litigation or damages. Incidentally tort reform advocates claim that out of 15 million lawsuits in US every year, merit less and frivolous litigation are counted heavily. Only 60% of medical malpractice litigation cases were of genuine medical error according to a recent report by the Harvard school of Public health. These have led to substantial increase in health care costs. Because merit less lawsuits block the court system, increase per capita tort costs and trial attorneys are enjoying large percentage of the award related to penalizing damages.

The effect of this tort law is so vulnerable that many doctors had to quit their practice and relocate because of cost neutralizing malpractice insurance rates. Physicians have adopted safeguard techniques to protect their practice and survival. As per report says in the journal of American Medical association,2005 ,93% of surveyed physicians have started practicing defensive medicine because of danger from malpractice liability. 43% doctors are using expensive MRI and CAT scans unnecessarily. 42% of medical practitioners have limited their practice procedure by reducing complicated trauma surgeries and avoiding patients with complicated medical problems. In rural areas the situation gets worsen as practitioners are neglecting high risk operations and not willing to practice with out competition as they have aggregated in to single practice to distribute the high cost of malpractice insurance premium.

Hence tort reform is needed as a solution to all these. The reform includes limit on: Disciplinary losses, Non-economic damages, Collateral source rule; Eliminations on: election for judges, awards for pre judgment interest, appeal bond requirement; Adoptions of court appointed expert witness, English rule of looser pays etc. Thus in US tort reform has become controversial political issues.

Helpful resource:

Find more information on Tort law and its use by Medical Malpractice Attorneys based out of South Florida. They expertise in all personal injury related cases.