Wednesday, January 16, 2008

Medical and Dental Malpractice Investigation

Medical and Dental Malpractice Investigations

Have you or someone you love been misdiagnosed, mistreated, neglected or injured by someone in the medical profession? If so, you may have a legitimate malpractice / negligence claim that could bring you substantial monetary relief in civil court.


Before you initiate a lawsuit, we feel that it is wise to have strong evidence of malpractice prior to making this type of allegation. You may already have noticed that people in the medical profession tend to stick together and cover for one another; therefore, a suspicion of malpractice may be hard to prove. Our Florida private investigators at CTK INVESTIGATIONS, LLC has investigated more cases than we can count the deal with medical malpractice. We understand what evidence it takes to provide your Florida medical malpractice attorney the proof needed to proceed with your claim. The medical malpractice attorneys can advise you of the appropriate statute of limitations and any potential extension of the statute when you knew or should have known about the medical or dental malpractice in Florida.


Medical negligence and malpractice can occur in the practitioner’s office, a hospital, a nursing home, an assisted living facility, a birthing center, or a free clinic, and can be inflicted by any care-giving institution or practitioner. Medical malpractice can result from human error, indifference, inattentiveness, negligence, and/or malice. In other words, malpractice can be accidental or intentional, but either way, it is wrongdoing that must be confronted, stopped and punished. We can interview residents in nursing homes to establish a pattern of negligent staff behavior, or medical providers that bill for services that were not rendered.


Doctors, dentists, nurses, nursing assistants, hygienists, psychologists, therapists, pharmacists, dieticians, emergency medical personnel, laboratory technicians, and others who diagnose, treat and provide care to patients fall within the realm of those who may be capable of malpractice.


The following conditions and signs might indicate a need for a Florida private investigation to determine if malpractice has occurred:


• Birth injury or errors leading to conditions such as cerebral palsy, Erb’s palsy, and brain damage.

• Failure to Accurately Diagnose – A physician can be held accountable if a patient is treated for a disease he/she doesn’t have and the treatment causes injury, or if he fails to diagnose serious problems such as appendicitis or cancer that the patient does have.

• Post-operative complications due to error, negligence, improper surgical technique, or lack of adequate surgical skill on the part of the surgeon, operating room and/or recovery room staff.

• Medication errors – A nurse administers the wrong medication, or the wrong dosage of a medication, or a doctor prescribes the wrong medication or the wrong dosage, pharmacist dispenses the wrong medication and when ingested caused injuries.

• Extended care (nursing homes, home care, institutional care) that results in excessive bed sores, deprivation of food or water, excessive physical restraint, over medication or sedation, physical abuse, inadequate security to prevent wandering off of patients with dementia, bacterial infections, assault and rape.

• Romantic or sexual involvement between a psychologist or psychotherapist and the patient, or unauthorized use of hypnosis to obtain sexual favors.

• Dental malpractice including permanent or temporary injuries to the nerves of the tongue, jaw, chin and lips, including lingual nerve injury (tongue) and inferior alveolar nerve damage (lips, chin and jaw); molestation of a patient under anesthesia, infection due to unclean instruments, and unauthorized or unnecessary treatment, or delay of diagnosis and treatment.

Malpractice investigations conducted by our Florida private investigators will include interviews of all those involved in the care of injured party, a complete review of all medical records by our independent experts to locate inconsistencies, false reporting, and tampering with records, and background investigation of the alleged health care provider to discover any history of past maltreatment or malpractice allegations. Full, detailed documentation of the investigation will be furnished to you or your Florida malpractice attorney for use as evidence in court, or to force a timely and equitable out of court settlement. In the state of Florida, malpractice attorneys are required to certify in writing at the time they file a malpractice lawsuit in court that they have completed a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file a claim (see FS 766.104). Furthermore, if the judge later determines that the Florida medical malpractice attorney did not have a reasonable basis to believe the case was meritorious, the judge may enter sanctions against the attorney, including the penalty of paying the attorney fees of the other side.


As always, please feel free to contact Cory T. Knight at (954) 652-0733, or any of our Florida private investigators for a FREE consultation. If you prefer, you can click here to e-mail us. Our south Florida private investigation agency is here to assist you, contact us today.


Please be prepared a Free Consultation for this investigation type may request the following information:
Do you have timeline?
What is your role or involvement in the case?
By what date do the services need to be complete?
Is there a civil suit pending or has been filed?
Describe the circumstances and requirements of your case to our Florida private investigators.
Please include any and all information that may be important. Even the most minor detail can be considered helpful. (Your Story)

Malpractice
Malpractice is a wrongful act that someone had no right to do; improper professional conduct. Negligence is the failure to exercise that degree of care that, under the circumstances, the law requires for the protection of other persons, or those interests of other persons, that may be injuriously affected by the want of such care.
Malpractice is a wrongful act that someone had no right to do; improper professional conduct. Negligence is the failure to exercise that degree of care that, under the circumstances, the law requires for the protection of other persons, or those interests of other persons, that may be injuriously affected by the want of such care.
There are many types of medical malpractice cases that can be brought against physicians, hospitals, and medical personnel, such as:
Birth Injury – Medical negligence can result in cerebral palsy, Erb’s palsy, and brain damage.
Cerebral Palsy – Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems associated with labor.
Failure to Diagnose – A physician can be held accountable if a patient is treated for a disease he/she doesn’t have and the treatment causes injury, or if he fails to diagnose serious problems such as appendicitis or cancer.
Breast Cancer – Failure to diagnose breast cancer in a timely manner results in a disproportionate percentage of all medical malpractice claims.
Lung Cancer – Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer.
Foot Surgery - Patients who have undergone foot surgery may experience a variety of postoperative complications due to improper medical care or negligence; for example, excess bone removal, improper placement of implants and fixation devices, and over (or under) correction of a perceived bony deformity
Any malpractice or negligence investigation must be approached with an comprehensive understanding of malpractice investigations. Our Florida private investigators begin with your story and then generate our hypothesis by working backwards chronologically from the patient event(s) which initiated the inquiry. In order to identify potential fraud by a medical professional and/or the staff, it is necessary to identify inconsistencies, alterations, and time lines.
In some cases, the patient file may not tell the whole story. In one case, for example, there was a reference to a medical procedure on a certain date which was exculpatory for the practitioner. A review of the appointment calendar and billing record showed that the patient did not have an appointment on that date.
As always, please feel free to contact Cory T. Knight at (954) 652-0733, or any of our Florida private investigators for a FREE consultation. If you prefer, you can click here to e-mail us. Our private investigation agency is here to assist you, contact us today.


PSYCHOLOGISTS MALPRACTICE

There are many diverse reasons why an increasing number of psychologists are practicing, at least part-time, within hospital settings. For some, hospital work is both challenging and rewarding. For others, it is a clinical necessity since their patients must occasionally be hospitalized, and unless there is continuity of care, the patients may be harmed. For still others, third-party payment sources, such as insurance companies and Preferred Provider Organizations (PPOs), require hospital privileges as a prerequisite for reimbursement or membership. CTK INVESTIGATIONS has a team of medical experts to review your records after we obtain all signed releases from you.

One possible drawback of hospital association, however, may be that hospital policies and procedures may prevent psychologists from functioning in roles traditionally identified with psychology. For example, the court decision (Capp v. Rank) that only physicians could diagnose and treat mental disorders with organic bases, essentially eliminating the role of the neuropsychologist. We have a variety of medical experts at our disposal, and we can cover almost every time of medical licensure in the state of Florida to review and identify any issues. We have the unique ability to consult with psychologists to review your case.

As hospitals are relying more and more on independent contractors (fee-for-service clinicians), responsible oversight has become more of a challenge. Independent contractors who spend only a few hours per week at a hospital lack sustained interaction with administration, employees, and patients, and may result in less than adequate supervision and conflicts influencing patient care.

As always, please feel free to contact Cory T. Knight at (954) 652-0733, or any of our Florida private investigators for a FREE consultation. If you prefer, you can click here to e-mail us. Our private investigation agency is here to assist you, contact us today.

NURSING HOME MALPRACTICE

Nursing Home malpractice/abuse is a leading cause of wrongful death lawsuits. Some examples can be found in F.S. 400.148 and are listed below:

• Medication errors (including over medication)
• Bacterial infections
• Diagnosis errors
• Assault
• Rape
• Excessive physical restraint
• Forced imprisonment
• Deprivation of food or water
• Unauthorized use of psychotropic medications
• Unexplained injuries, wounds, bruises or welts
• Excessive bedsores
• Physical abuse
• Inadequate security

Whenever any type of medical malpractice, abuse or negligence is suspected, it’s imperative to immediately begin a thorough and professional investigation. CTK INVESTIGATIONS, LLC and our Florida private investigators are trained and experienced in all aspects of medical malpractice and negligence investigations. We are experts at knowing what to look for (and where to find it), including interviewing witnesses, obtaining medical records, and preparing proper documentation.

Start a Malpractice Investigation by contacting Cory T. Knight at (954) 652-0733 or click here to e-mail our Florida private investigation agency.

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