Mental Health Malpractice Lawyers Near Me – When you or a loved one is sick or injured, it can be difficult to know how to protect your rights as a patient. At Hauptman, O’Brien, Wolf & Lathrop, our Omaha medical malpractice attorneys will not only protect your rights, but help you navigate all of the medical, emotional and legal challenges associated with your case.
Medical malpractice occurs when a patient is harmed by a medical professional due to that person’s professional negligence. Some common types of medical errors include:
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If you or a loved one has been the victim of medical malpractice, it is important to contact an Omaha medical malpractice attorney at Hauptman, O’Brien, Wolf & Lathrop as soon as possible.
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Medical malpractice cases are extremely detailed and require constant advocacy for patient rights. This is where we can help. We ensure compliance with special requirements such as time limits. Submission Forms, Review Panels, Special Notices, Expert Testimony and Notes on Bite Injuries.
To prove that medical malpractice occurred, the medical malpractice attorneys at Hauptman, O’Brien, Wolf & Lathrop will establish the following:
Contact us today for a free initial consultation. Our Omaha medical malpractice attorneys will listen to your story, ask relevant questions, and provide you with an honest evaluation of your case. If you deserve legal action, we will represent you for free, the fee is only if you win your action.
Our Omaha medical malpractice attorneys are passionate advocates for those who have been injured due to the negligence or carelessness of other individuals or organizations, and we represent your best interests with passion and objectivity.
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For your convenience, we offer home, hospital and nurse visits. Our team of experts at Hauptman, O’Brien, Wolf & Lathrop will provide you with the experience, strategy and commitment to protect your rights and claims.
As with other legal matters, medical malpractice claims are subject to a period known as the statute of limitations. The time you must file a claim varies by state. In Nebraska, the statute of limitations is 2 years for medical malpractice.
Nebraska law provides an exception to the statute of limitations for medical malpractice cases. If the injury caused by the doctor’s negligence is not discovered within 2 years, you can still file a claim within 1 year after the injury was discovered (or reasonably should have been discovered).
The Nebraska Legislature also imposed an absolute ban on filing a medical malpractice claim more than 10 years after the negligence caused the injury — regardless of when the injury was discovered or should have been discovered.
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Medical malpractice is more than a mistake. Instead, it is considered a breach of duty of care by a physician or other medical provider to a patient.
Our attorneys will examine all aspects of the care you or your loved one received to determine whether negligence caused your injury. This includes obtaining important records such as:
Hauptman, O’Brien, Wolf & Lathrop has the resources to hire qualified experts to review these special records and provide testimony in support of your case. We will also investigate providers, clinics and/or hospitals for prior allegations of misconduct.
Nebraska has unique prerequisites before filing a medical malpractice lawsuit. Your case must be evaluated by a medical review board before any action is taken.
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The medical board consists of at least three doctors: one chosen by each party to the case and a third doctor chosen by the parties to the agreement. If the hospital is involved in your claim, the hospital selects an administrator to sit on the panel. An attorney not involved in the case who is licensed to practice in Nebraska advises the board.
According to Nebraska Amendment 44-2842, the medical board may consider evidence such as “medical charts, X-rays, laboratory test results, medical records and witness depositions [and] depositions, including parts.” After reviewing the evidence, the board must decide within 30 days whether the doctor or provider did not meet the standard of care.
The board’s decision does not affect whether your case can go forward, and you have the option to waive the board’s review and proceed directly to filing a lawsuit. However, the panel’s report is admissible in court, and an opinion in your favor can help strengthen your case.
An experienced medical attorney can discuss the pros and cons of a medical review board as it applies to your claim.
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Your medical negligence claim should seek compensation for any damages you and your family have suffered as a result of the negligence of the doctor or other practitioner. This may include:
However, the amount you can receive is subject to certain limitations. Nebraska has established a damage cap that limits full recovery in medical malpractice claims. The caps differ depending on the date of injury that caused the injury:
During your free consultation, the attorneys at Hauptman, O’Brien, Wolf & Lathrop. Review your case and discuss the types and amount of compensation that may be available in your medical negligence claim.
Simply put, yes. Medical malpractice claims are generally more complex than car accident lawsuits and other types of personal injury.
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Therefore, it is very important that you find an attorney or law firm that has the experience and resources to handle your case. In medical malpractice claims, the injuries are often severe, sometimes resulting in long-term injuries that begin early in life. The compensation sought in medical malpractice claims is broad, making negotiations with insurers very difficult. And, because of the complexity of medical evidence, knowledge and experience are critical to winning these claims.
Unfortunately, death is a common result of mistreatment. Inadequate treatment, surgical errors, and failure to diagnose life-threatening conditions are often fatal. If this worst-case scenario happens and your loved one dies, you and your family may be entitled to compensation.
As with medical malpractice cases that result in injury, you have two years to file a wrongful death claim caused by the negligence of a doctor or other medical provider. If you suspect that medical malpractice was the cause of your loved one’s death, it is important to contact an attorney to begin your lawsuit as soon as possible.
Although you have the right to pursue a medical malpractice case on your own, the odds of success are stacked against you. With the complexity of medical malpractice litigation, doctors and other medical providers tend to close ranks and defend each other when the issue of liability arises.
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Investigating medical malpractice claims is time consuming and resource intensive. When you’re focused on taking care of yourself or a family member, the last thing you need to worry about is securing important evidence and dealing with the legal process.
The Nebraska medical malpractice attorneys at Hauptman, O’Brien, Wolf & Lathrop can find all the compensation you and your family deserve. Call (402) 241-5020 today for your free case review. Our law firm serves clients in Omaha, Bellevue and surrounding areas of Nebraska and Iowa.
We are very pleased with the outstanding legal service you provided us during a very difficult time. I hope that we never meet someone who is faced with a situation like what happened to us. But if we do, you can be sure that we will send them to you with our highest recommendation. Regards and thanks again, Jack and John It’s easy to understand medical malpractice when it involves surgical errors: patients are actually being physically harmed by the medical professionals who are supposed to treat them. However, psychiatric practice, in which the negligence of mental health providers results in patients with severe mental illness, may be more difficult to understand.
Like all types of doctors and health professionals, these medical professionals have a responsibility to provide a certain standard of care to their patients and to keep them safe and healthy in every way that a comparable medical professional can. When a physician fails to adhere to this standard of care, he or she may be found negligent and therefore liable for the consequences of the malpractice. If you believe you or someone you love has been affected by medical practices related to mental illness, we want to hear your story. Call the Gladstein Law Firm today to speak with an experienced Louisville mental health attorney and learn about your best legal options at (800) 991-0474.
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Examples of Psychiatric Medical Malpractice How can medical malpractice related to mental illness cause real harm? You may be surprised to learn that there are many ways in which mental health professionals can act, make decisions, or fail to treat their patients poorly. While we can’t hope to cover all of these methods, there are some mistakes that are more common than others, including:
These are just a few common examples of mental abuse. If you believe that you or
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