Most cases fall into one or more of these categories. We will need the answers to those questions. For all cases, we need:

  • Name, age, gender and contact information of the injured person.
  • Date of the malpractice and date that the malpractice was discovered
  • The resulting harm: If the malpractice had not occurred, how would things be different now and in the future? How can we show this harm to a jury, if we go to trial?

The following categories simplify the patterns that actually arise, but they are useful as starting points.

Cancer

  • What area of the body did the cancer start?
  • What was the cell type and stage at diagnosis?
  • What is the current stage and outlook?

This category requires another category - often a delay in diagnosis.

Failure or delay in diagnosis

  • What were the symptoms?
  • What was the wrong diagnosis?
  • What was the right diagnosis?
  • How did you get the right diagnosis?
  • When should the diagnosis have been made?
  • When did it get made?
  • How long specifically was the delay (for example, 3 months)?

Problems after surgery or a procedure

  • What was the reason the surgeon recommended the procedure?
  • What was the actual mistake that led to your harm?

Disfigurement

  • What was the reason the surgeon recommended the procedure?
  • Please email "before and after" pictures of the affected area with your name and contact information to adt@TiMedLaw.com

Infection

  • What was the condition for which you were being treated?
  • What was the bacteria or virus that you were infected with?
  • What was the actual mistake that led to the infection?

It is usually hard to prove that an infection was caused by malpractice.

Wrong drug

  • What was the condition for which you were being treated?
  • What drug was given?
  • What should have been given?

Recall

  • What drug or device was recalled?
  • Where is the device or drug bottle now?
  • Do you have the Device ID card?
  • Why was it recalled?
  • Did you suffer from the recall? How?

Death

  • Is there a surviving spouse who will live long enough to bring a claim? or
  • Is there a child under 25 or dependent child?
  • Was there an autopsy?
  • Do you have the autopsy report?

Object left behind

  • What is the object?
  • What was the procedure when the object was left behind?
  • When did you find out it was left behind?
  • Where is the object now?

Failure or delay in treatment

  • What was the diagnosis?
  • What was the right treatment?
  • When was the right treatment given?
  • When should it have been given?
  • How long specifically was the delay (for example, 3 months)?

The information you obtain here is not legal advice. Consult an attorney (preferably TiMedLaw!) regarding your own situation.

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