Medical Malpractice

O'Hare Blog

Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.


Do I Have a Wrongful Death Lawsuit?

dallas wrongful death attorney

by Dallas Wrongful Death Attorney, Tim O’Hare

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Wrongful death lawsuits are regularly associated with medical cases where there is a claim of negligence in the death of a patient. But wrongful death cases can come from a car or trucking accident, on-the-job death, a defective product or a host of other scenarios.

In order to determine if a wrongful death lawsuit exists, we must first understand the laws regarding injury accidents and death due to negligence. Unfortunately, this is not a simple task as the laws can be confusing, at best.

There is  no amount of money that could ever fully compensate a family member for the loss of a loved one. However, when one person’s death can be attributed to the negligence of another individual, corporation or other entity, survivors of the victim may be entitled to monetary damages and can sue the negligent party in a wrongful death lawsuit.

Laws applying to wrongful death cases often vary from one state to the next, but in a wrongful death case in the state of Texas, only spouses, children or parents of the decedent are eligible to recover damages in a lawsuit. There is one exception:  the executor or personal representative of an estate can bring a case for the damages suffered by the decedent to pass that money on to the decedent’s heirs. In Texas, the statute of limitations in wrongful death cases is two years. If more time has passed since the death occurred, a wrongful death suit cannot be filed in most circumstances.

In order to win a wrongful death lawsuit, four elements must exist:

  1. The death was caused by the conduct of the defendant;
  2. The defendant was negligent or reckless with the victim’s wellbeing;
  3. The defendant owed a duty to the victim; and
  4. Damages have resulted from the death (this one is obvious if the other elements are met.)

Plaintiffs in a wrongful death suit (spouse, children, parents and/or a representative of the decedent’s estate) may be awarded two types of damages: compensatory and punitive damages. Compensatory damages may be awarded to cover medical and funeral expenses, loss of future income or support and grief or loss of companionship. The intent of punitive damages is to punish a defendant for gross negligence. As such, punitive damages are awarded by a jury based on the defendant’s actions leading up to the death.

Have you lost a loved one as a result of what you believe to be the negligence of another person or entity? Death due to a car accident, motorcycle accident, construction accident, job injury or another negligent or reckless situation may constitute wrongful death. Contact the experienced legal team at The Law Offices of Tim O’Hare today. We will guide you through your options, pursue a wrongful death claim if warranted and ensure you receive all due compensation for your loss.  

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /June 22, 2019 /Blog, Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Do I need a personal injury lawyer?

by Tim O’Hare

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personal injury lawyer, personal injury attorney, Dallas personal injury lawyer, Dallas personal injury attorney, Tim O'HareIf you have been injured as the result of a car accident, a defective or recalled product, a fall or injury at work or on another person’s property, you may face a long legal battle to receive any due compensation for your injury.

Navigating the maze of insurance laws and dealing with insurance companies is often a frustrating and anxiety-filled ordeal, and yet, many people assume they can handle their injury claim on their own, without the help of an attorney.

There are many reasons one might need to hire a personal injury lawyer, here are a few examples of common personal injury claims:

Motor vehicle accident — If you are injured or lost a loved one in a motor vehicle accident such as a car, bus, boat, or motorcycle accident that was caused by another person, perhaps due to drunk driving or distracted driving, you may be entitled to a personal injury claim. A lawsuit may help you recover compensation for lost wages, medical expenses and/or loss of companionship, for example.

Wrongful death —
Have you lost a loved one due to the negligence of another person? If so, you may be entitled to make a wrongful death claim. Surviving beneficiaries of the deceased, including the surviving spouse, children and parents may be able to file a wrongful death claim.

Injury suffered on another person’s property —
If you have suffered an injury while on another person’s property, you may have grounds to make a premises liability claim. Premises liability cases, like many other personal injury cases, can be complicated, as it has to be proven that the property owner was negligent and the injury suffered was a result of that negligence.

Injury suffered by a defective or recalled product —
Products liability is another common category of personal injury cases, as thousands of product recalls are issued every year on items determined to be of potential danger to consumers.

Medical Malpractice —
Have you experienced illness or injury as a result of a doctor or medical professional’s negligence? Mistakes made by medical professionals due to negligence can result in serious injury or even death. Medical malpractice cases can be especially challenging without an experienced personal injury attorney.

How a personal injury lawyer can help you

Hiring a personal injury attorney for any of the reasons listed above should not be considered an unnecessary expense. Doing so can pay back multiple dividends, decreasing your stress level and helping you recover more money than you ever could on your own to help you pay for medical bills, recover your lost wages and be compensated for your pain, hassle and scarring.

Here are several practical ways a personal injury lawyer can save you time, money and frustration:

Avoid the hassle of dealing with the insurance company. Insurance adjusters can be tricky. They often strive to get individuals to settle for far less than what they are entitled to. A personal injury attorney will work for you, dealing with insurance companies and the law, to ensure you are treated fairly and receive what the law says you are due.

A personal injury lawyer will be familiar with all the laws pertaining to your case. Laws that often vary by state, but an experienced attorney will know your state’s laws and how the laws affect your case. They will also have the necessary knowledge to help you receive fair compensation. If your case for any reason needs to be disputed in court, a personal injury attorney will provide the best representation to handle your case.

Hiring a personal injury lawyer allows you to focus on your own healing rather than being consumed by your case. Being injured in a car accident or in a work-related accident can be life changing. Don’t take on the unnecessary burden of dealing with the insurance companies on your own. Hire an experienced personal injury attorney to focus on your case so that you can focus on yourself.  While it may seem costly at first, it will pay off in the end when you receive the full amount owed to you, rather than only a portion of that, which is likely what you would receive if working without an attorney.

If you have been injured in a car accident, suffered injury on another person’s property, or suffered an injury through no fault of your own in another manner, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you in your time of need and make sure you are not taken advantage of.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

 

 

By : Tim O'Hare /May 28, 2014 /Blog, Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Traumatic brain injuries due to falls and car crashes on the rise in the U.S.

by Tim O’Hare

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According to the Centers for Disease Control, an estimated 1.7 million people in the U.S. suffer traumatic brain injuries each year. Traumatic brain injury contributes to more than 30 percent of all injury-related deaths in the U.S. and thousands of other victims of brain injury will experience permanent disability.

Traumatic brain injury can happen as the result a blunt blow or hit to the head from a fall, car accident, sports-related injury, assault or medical malpractice. More than half of the traumatic brain injuries cases in the U.S. are caused by falls (35.2 percent) and traffic-related accidents (17.3 percent). Traumatic brain injuries often require extensive medical care or even surgery.

Nearly 75 percent of traumatic brain injuries are mild injuries or concussions. Signs of mild brain injury include:

  • Brief unconsciousness or confusion
  • Headache
  • Blurry vision
  • Fatigue
  • Difficulty concentrating

Twenty-five percent of traumatic brain injury cases are severe. Symptoms or signs of a severe injury include:

  • Unconsciousness lasting more than 30 minutes
  • Nausea and/or vomiting
  • Abnormal or slurred speech

Brain injuries are becoming somewhat of an epidemic in the U.S. Between 2002 and 2006, emergency room visits for traumatic brain injuries increased an estimated 14.4 percent and hospitalizations for traumatic brain injuries rose 19.5 percent.

Click here to read prevention tips from the CDC.

Medical care for a traumatic brain injury and long-term care is expensive. An estimated $76.5 billion was spent in the U.S. in 2000 on direct and indirect costs of traumatic brain injury. For the injured and their families, the expenses can be crippling.

If you have suffered a traumatic brain injury due to a fall on the job, an automobile or motorcycle accident, or medical negligence, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020

 

 

By : Sasha Miller /August 16, 2012 /Dallas Personal Injury Attorney, Medical Malpractice /0 Comment Read More

National Heart Health Month: Medical Malpractice & Heart Attacks

by Tim O’Hare

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Heart disease is the leading cause of death worldwide. In the U.S., half a million people die from heart attacks each year. Sometimes, a heart attack is entirely preventable with proper medical care. To prevent heart attacks, however, doctors must know the signs of a heart attack as well as every symptom a patient presents with, and consider whether or not it’s potentially a sign of heart disease.

If a doctor fails to properly diagnose heart disease that leads to a heart attack, it can be medical malpractice in the form of negligence. “Failure to treat” is one form of medical malpractice in which negligence on the part of a doctor regarding diagnosis of illness or disease results in failure to treat that illness. When illness or disease goes untreated, it could be fatal for that patient. Doctors have a duty to their patients to diligently work to diagnose and provide proper treatment for illnesses. When a doctor fails to diagnose or treat an illness or disease that leads to further illness or even death, it is grounds for a medical malpractice lawsuit.

After we receive a call in which someone suspects medical negligence led to a heart attack, the next step is to determine how the heart attack could have been prevented. If a patient suffered a heart attack that could have been prevented had a doctor properly diagnosed symptoms or illness, but failed to do so, that doctor is at fault. If it is determined that a medical professional is at fault, they are legally responsible to pay for damages. This could include medical expenses, lost wages, pain and suffering, and in the case of death, payment for wrongful death.

Doctors have the difficult task of diagnosing and treating illness in their patients, and taking necessary actions to prevent further illness, infection or death. In the case that a doctor misdiagnoses or mistreats an illness, thus leading to further illness or death, it could be deemed medical malpractice due to negligence.

Medical malpractice claims can be complicated. We only take on medical malpractice cases that involve severe injury or death. If you have experienced what you believe to be medical malpractice, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /February 16, 2012 /Medical Malpractice, wrongful death /0 Comment Read More

When to Hire a Personal Injury Attorney

By Tim O’Hare

You’ve likely seen a few commercials on TV for personal injury attorneys, but do you know when or why you should hire a personal injury attorney?

A personal injury attorney should work to help you recover financial losses due to illness or injury caused by a number of difference factors. An attorney with integrity will have your best interest in mind and will work tirelessly to be certain you receive all you deserve.

Personal injury attorneys work with clients who have experienced injury due to a number of reasons, as well as wrongful death. Do you think you might have a case for a personal injury attorney?

Have you:

  • Lost a loved one due to the negligence of another person? If so, you may be able to file a wrongful death lawsuit. A wrongful death suit can be filed by surviving beneficiaries of the deceased. This includes the surviving spouse, children and parents. Learn more about wrongful death and how to hire the right lawyer for your wrongful death case?
  • Been injured in a car, truck, motorcycle, bicycle or pedestrian accident, a personal injury attorney can help you recover financial losses do to medical bills and lost wages;
  • Suffered injury on someone else’s property? If so, it may give you grounds to file a premises liability claim. Premises liability cases, like many other personal injury cases, can be complicated, as it has to be proven that the property owner was negligent and the injury suffered was a result of that negligence.
  • Been injured by a defective or recalled product? Products liability is another common category of personal injury cases, as thousands of product recalls are issued every year on items determined to be of potential danger to consumers.
  • Experienced illness or injury as a result of a doctor or medical professional’s negligence? Mistakes made by medical professionals due to negligence can result in serious injury or even death? Medical malpractice cases can be especially challenging without an experienced personal injury attorney.

If you think you may have a case for a personal injury attorney, contact The Law Offices of Tim O’Hare. If you have been injured in a car accident, or suffered injury on someone else’s property, or been injured in some other manner where another was at fault, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /December 21, 2011 /Dallas Personal Injury Attorney, Medical Malpractice, wrongful death /0 Comment Read More

Common Medical Malpractice

By Tim O’Hare

Every day across the country, people suffer injury as a result of medical malpractice. Doctors, nurses and other medical professionals can make mistakes as a result of negligence that ends up harming a patient. Medical malpractice can result in serious injury and even death.

Medical malpractice suits are comprised of several legal elements, including duty of care by a doctor to a patient, breach of that duty of care (negligence), and negligence as a cause of injury. In a medical malpractice case, it is necessary to show that a medical professional was negligent in providing care to a patient, which resulted in injury or death to that patient.

There are a handful of common malpractice claims, including misdiagnosis, prescription drug error, failure to treat, and surgical errors or mistakes.

Misdiagnosis
While it can be difficult to diagnose illness, misdiagnosis of disease or illness and as a result failure to treat, or treatment for the wrong diagnosis can cause serious injury to a patient, and even lead to death. Some medical conditions that are commonly misdiagnosed include appendicitis, heart attack and a number of infections.

Prescription Drug Errors
Prescription drug errors may include a doctor prescribing a drug to a patient who is allergic to that medication, or a pharmacist filling a prescription with the wrong medication. Allergic reactions to medications can be deadly, and taking the wrong medication can result in extended illness or injury as the patient’s illness or disease goes untreated.

Failure to Treat
Negligence on the part of a doctor regarding diagnosis of illness or disease can result in failure to treat that illness. When illness or disease goes untreated, it could be fatal for that patient. Doctors have a duty to their patients to diligently work to diagnose and provide proper treatment for illnesses.

Surgical Errors or Mistakes
This is not just something seen in movies, it is unfortunately a common occurrence in medicine. Surgical errors can include a nurse’s failure to remove a sponge or other piece of surgical equipment from the patient’s body, a surgeon operating on the wrong body part or even the wrong patient, or an anesthesiologist providing improper administration of anesthesia during surgery.

When a patient dies as a result of negligence by a medical professional, the patient’s family may be able to file a wrongful death claim for damages resulting from their loved one’s death.

Medical malpractice claims can be complicated. If you have experienced what you believe to be medical malpractice, contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /August 02, 2011 /Medical Malpractice /0 Comment Read More

Deaths Caused by Medical Errors & Hospital Infections

1 in 7 Medicare patients experience serious harm because of medical errors and hospital infections each year, and 180,000 patients die, according to a November 2010 study by the Department of Health and Human Services’ Office of Inspector General.

A patient who suffers injury or damage due to negligence of their doctor has a right to sue that medical professional for medical malpractice. Medical malpractice suits fall under a few different categories, such as bad diagnosis, sub-standard care, lack of informed consent and breach of doctor-patient confidentiality.

Standard of Care
Doctors owe their patients a standard of medical care, but there are many times when that standard of care is not upheld. A licensed physician should have a basic level of skill and expertise in diagnosing and treating general illnesses and injuries. Medical professionals who specialize in a specific field are held to a higher standard of care in that field than a general practitioner. While a general practitioner should be able to perform basic treatments, such as CPR to a heart attack patient they should not be expected to perform everything a cardio specialist may be able to do.

While patients entrust their health, livelihood and even their life into the hands of their doctors, there are generally no guarantees of medical results. Patients should however expect that they do not suffer serious harm or injury at the hands of their doctors. When a patient suffers injury or harm due to negligence of their doctor, a medical malpractice suit is in order. To succeed in a malpractice case, a plaintiff must be able to show that injury or damages resulted from the lack of standard of care received by their doctor.

Informed Consent
Patients have a right to receive information about their medical condition, treatment choices, risks associated with treatment and prognosis. Understanding these things should help a patient make an informed decision about their health. When a doctor does not inform a patient of all advantages and risks associated with medical treatment, such as prescription drugs, for example, that patient is unable to make an informed decision and may have a case against his or her physician in a malpractice suit. To succeed, the plaintiff must show that had they known all risks or possible outcomes of treatment that were not disclosed, they would not have chosen that treatment or procedure.

Breach of Doctor-Patient Confidentiality
Patients have a right to expect that their doctors will not disclose their medical records, information about their medical condition or treatment to any unauthorized parties. This is based on the general principle that patients should not be hindered or inhibited by fear that their medical condition will be disclosed. Doctors are expected to uphold this confidentiality, and will use what they know about their patient only to benefit that patient. When that confidentiality is breached, and a patients medical condition is disclosed to unauthorized parties, a patient may have a case against his or her doctor.

If you or someone you know has been injured as a result of negligence by a doctor or other health care professional, please contact The Law Offices of Tim O’Hare for a free initial consultation with an experienced personal injury attorney. Call us at 972-960-0000 or Toll-Free 888-960-0020.

By : Sasha Miller /July 05, 2011 /Dallas Personal Injury Attorney, Medical Malpractice /0 Comment Read More
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