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(EMAILWIRE.COM, March 29, 2011 ) SACRAMENTO, CA - When a parent takes their child to the hospital, they expect to receive the best care possible and they expect their child to leave the hospital in better shape than they came in. However, that is not what happened to one Sacramento family.
In November 2010, Ryan Jeffers, took his 2-year-old daughter to the Emergency Room after he noticed her climbing fever. They also took her to the ER because she began to get bruises on her cheeks, but they had no idea that her condition would get so much worse.
They said that they could not get a physician to to examine their daughter and that the five-hour wait only made her condition worse.
She ultimately needed several amputations to save her life, but the Jeffers' think those amputations could have been avoided if it weren't for the negligence of the hospital.
In February, the family filed a medical malpractice lawsuit alleging medical negligence and negligent infliction of shock and emotional distress.
Moseley Collins, a Sacramento attorney, said that when he was approached by the Jeffers', he realized that this was defiantly warranted a lawyer's attention. He says that no one should have to wait that long to receive care in an ER setting.
However, many cases that are presented to attorneys never come to fruition. That's because many of the cases that lawyers examine do not meet certain criteria. For example, in order for an attorney to take on a new medical malpractice case, he or she must establish that the physician violated or fell below the standard of care - a term used to refer to the care that a patient would receive under a commonly accepted practices - and that the breach caused ongoing damage, says Jeff Segal, a neurosurgeon and founder of Medical Justice, a group that helps physicians prevent frivolous lawsuits. Attorneys establish this during the discovery stage where they seek the expertise of medical professionals.
According to Segal, a case could be considered weak if the patient recovered, the situation was complicated by other factors, the patient received standard care, if the patient's outcome falls within acceptable risks that the patient should have been aware of when they signed an informed consent, and finally, if there are other ways to address the problems besides litigation.
To learn more about medical negligence and to receive a free legal consultation, please visit www.legalview.info.
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