Lawsuit

Patient May Have A Lawsuit For Medical Malpractice As A Consequence Of Physician’s Delay In Diagnosi

It is not uncommon for a medical malpractice attorney to be contacted by a potential client who starts by saying something like, My doctor kept telling me I only had hemorrhoids and I have now been diagnosed with advanced colon cancer. What makes this happen and what options does the person and his or her family have if it does?

The first thing to note is that most doctors concur that when someone presents with rectal bleeding or blood in the stool a colonoscopy needs to be performed in order to identify the cause of the blood. The colonoscopy helps establish whether the blood is the result of colon cancer or something else such as hemorrhoids. However only supposing that the blood is the result of hemorrhoids risks not detecting a cancer.

Colon cancer is a disease that progresses over time. As it advances it gets more difficult to treat successfully. For instance, when the disease is in stage 1 or stage 2, it is still contained inside the wall of the colon. Treatment for these stages generally involves surgery to remove the tumor and adjacent parts of the colon. Chemotherapy is frequently not part of the treatment of stage 1 and stage 2 unless it may be given to an individual who is young as a precautionary measure. With surgery, the person with stage 1 or stage 2 has a good likelihood of surviving the disease for at least 5 years after diagnosis. The relative 5-year survival rate is more than 90% for stage 1 and 73% for stage 2.

By the time the cancer progresses to stage 3, it has spread outside the colon. At this stage treatment requires both surgery and chemotherapy (perhaps with other drugs as well). The relative 5-year survival rate for stage 3 is fifty three percent. If it gets to stage 4, the relative 5-year survival rate is reduced to roughly eight percent. Treatments such as surgery, chemotherapy, radiation therapy, and other medications may or may not still be effective. Once treatment stops being effective, the disease becomes fatal. Roughly 48,000 people will die from colon cancer this year alone.

If the individual with rectal bleeding gets a colonoscopy and the tumor is discovered prior to spreading to the lymph nodes or to other organs, it can often be taken out during the colonoscopy if it is sufficiently small or by surgically extracting the section of the colon containing the tumor. So a delay in diagnosis and treatment that is sufficient to allow the cancer to get an advanced stage. This means the patient will have to undergo additional treatments and will have a significantly decreased likelihood of living for at least five years beyond diagnosis. Depending on the laws of the jurisdiction in which the physician caused the delay, this may give rise to a case for medical malpractice, or in the most severe case, for wrongful death.

Joseph Hernandez is an Attorney accepting medical malpractice cases and wrongful death cases. You can learn more about cases involving metastatic colon cancer and other cancer matters including breast cancer metastasis by visiting the websites

Accident lawsuit

During the 18th and 19th centuries, it was common for lawyers to speak of bringing an “action” at law and a “suit” in equity. The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a “lawsuit”. In the United States, the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as a “civil action.”

 

It is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant’s actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and a range of court orders may be issued to enforce a right, award damages, or impose an injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

 

American terminology is slightly different, in that the term “claim” refers only to a particular count (or cause of action) in a lawsuit. Americans also use “claim” to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant (or policyholder or applicant) files a lawsuit with the courts and becomes a plaintiff.

 

In medieval times, both “action” and “suit” had the approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment

 

In accident lawsuit go to a jury trial requires both mental and physical preparations. For starters, you and your accident lawyer are going to need to present the court evidence of the car accident, evidence that it was the fault for whatever reason of the other driver, and evidence of your injuries.

 

Ironically, presenting evidence of your injuries may very well be the most difficult part of the entire lawsuit. It is not unheard of for an individual to be in a car accident and pretend that they acquired an injury that they did not legitimately receive.

 

Your car accident lawyer has probably recommended that you get a bare minimum of two doctors’ opinions, with the more comfortable number being three or four. If you have received three or four doctors’ opinions that your injury was sustained in the car accident and that your prognosis is consistent across the board, your lawyer will have a much easier time presenting your case in court.

 

While preparing for your lawsuit, your lawyer is going to bring in any eye witnesses for a deposition. A deposition is simply the witness telling the story of what they observed just prior to, at the time of, and just after the car accident. Your car accident lawyer will ask them a series of questions and then ask for their cooperation in participating in the lawsuit.

 

Most of the time, witnesses agree, especially if the car accident was particularly foolish, outlandish, or horrific. While your lawyer is deposing the witnesses, the other side is doing the exact same thing. They are hoping to find small holes in their stories or other ways of discussing what they believe the witnesses are saying. This is not illegal; it is considered a game of semantics. Your lawyer is prepared for these semantics and will be able to deal with them when the lawsuit goes to court.

For more information on Accident lawsuit you can visit http://www.kevinlucey.com

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MBA files lawsuit on loan officer overtime eligibility.(Commercial): An article from: Mortgage Banking

MBA files lawsuit on loan officer overtime eligibility.(Commercial): An article from: Mortgage Banking

MBA files lawsuit on loan officer overtime eligibility.(Commercial): An article from: Mortgage Banking

This digital document is an article from Mortgage Banking, published by Mortgage Bankers Association of America on February 1, 2011. The length of the article is 489 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.

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Title: MBA files lawsuit on loan officer overtime eligibility.(Commercial)
Author: Michael Murray
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