Legal versus Medical Malpractice

This site is best viewed with Internet Explorer 4.0 or greater or Netscape 4.0 or greater

Our Corporation, Our Professional Backgrounds, and Services

Our Services and Fee Schedule
Our Areas of Professional Expertise

CONTACTING US:
Telephone
E-mailing us
FREE Medical Q & A (Brief questions answered)

Information for practicing attorneys and members of the insurance profession

Initial Reviews: Used to determine & establish or deny the presence of deviations* from the accepted standards of medical care.
Expert Reviews: Used to detail the multiple areas & the extent of deviations* from the accepted standards of medical care. A detailed review once deviations have been established.

*Deviation from the accepted standards of medical care is commonly called negligence.Within this site, the terms 'negligence' & 'malpractice' are used in the lay meaning and not the legal definition.

Obtaining Medical Records
Suggestions & ideas for obtaining relevant medical records, including often- overlooked medical documents
Order Forms for Informational Materials/Sample Reports
For practicing attorneys & members of the insurance profession
Possible Nursing Home Litigation Conditions/ Situations
A list of incidents commonly associated with nursing home neglect

Decubitus Ulcer Explanations
Explanation of decubitus ulcers (bedsores/pressure sores) formation & prevention
Stages of Wounds
Categorization of wound stages. Explanation of development & appearance of decubitus ulcers
Bed-Bound Individuals
Potential decubitus ulcer development for the bed-bound
Wheelchair-Bound Individuals
Potential decubitus ulcer development for the wheelchair-bound
Shearing of Buttocks and Coccyx
Potential risk from friction, rubbing or shearing
Additional information onRelated Web Sites listed below

E-mailing us
For FREE Medical Q & A (brief questions answered)
Minimal Suggested Guidelines for Nursing Homes
Guidelines & suggestions for selecting quality nursing homes/long-term care facilities
Additional Suggestions for Nursing Home Selection
Supplement to the above list
Alternatives to Traditional Nursing Home Placement
Alternatives & financial resources
Explanation of Legal vs. Medical Malpractice
Common -not legal- definitions & explanations, also why you might want to consider litigation
WARNING SIGNS - Possible Abuse & Litigation Conditions/ Situations for Nursing Home Residents

Visit Related Web Sites
- nursing home information sites
- legal definitions of malpractice & negligence
- Decubitus ulcer and wound information, PHOTOS (some pictures are quite graphic)

E-mail Links:
Customer Service
Webmaster
President - LDHP Medical Review Services Corp.

Hosting Provided By:
Frunder Studios

The following sites give the legal definition of negligence and malpractice. These sites are not areciprocal link and you will need to back arrow to return to this page.

The legal definition of negligence from the West Legal Dictionary. http://www.wld.com/conbus/weal/wneglig1.htm

The legal definition of malpractice from the West Legal Dictionary. http://www.wld.com/conbus/weal/wmalprac.htm

Explanation of Medical vs. Legal Malpractice
[a layperson's explanation]

LEGAL MALPRACTICE

Legal malpractice falls under a specific set of guidelines, and there is some variation from state to state. The determination of the viability of a legal malpractice case must be made by a licensed member of the legal profession currently practicing law. Many variables may affect the viability of the legal malpractice case such as individual state laws and the length of time from the occurrence of injury to the time legal action is sought.

medstaff.gif (1667 bytes)

MEDICAL MALPRACTICE

Medical malpractice in general is any act or failure to act by a member of the medical profession that results in harm, injury, distress, prolonged physical or mental suffering, or death to a patient while that patient is under the care of that medical professional. Usually harm must be proven to have occurred.

PROVING MALPRACTICE

Proving malpractice requires skilled detective work on the parts of the medical and legal professionals involved. The negligent action must be proven legally within set guidelines as well as from the careful and painstaking review of all of the medical records available for the case. The burden of proof is found in the medical records. Careful analysis of the available records will generally disclose areas of fraud, neglect, and malpractice even in cases of intentional cover-up and fraud. This is the expertise and service that L D H P Medial Review Services Corp. offers to the legal and insurance professions on behalf of the general public.

WHY SHOULD I CONSIDER LITIGATION?

First--You may help prevent more injury and suffering. Often an area of neglect will continue for years and affect many individuals until someone comes forth. Your action will help correct a WRONG.

Second--Any time a negligent institution is forced to pay monetarily for their error, it produces a MUCH greater incentive to not allow the error to continue. Also a financial benefit obtained will help defer the cost of care for the individual in a more qualified setting.

Third--Litigation and the fear of litigation serves as a "WATCH DOG " for more quality care and it is not necessarily the result of someone "being out for all they can get," but rather the result of someone "wanting justice, the correction of a wrong and prevention of the recurrence of a problem."

WHY SHOULD I NOT CONSIDER LITIGATION?

Litigation is emotionally and financially costly. The desired outcome is never certain. Other avenues may be available. Discuss the pros and cons of litigation with your attorney.

Home

L D H P Medical Review Services Corp.
4801 Montano Road N. W.
Suite A-6 - PMB 145
Albuquerque, New Mexico 87120
Telephone (505) 890-8105
Toll free: (877) LDHP-MED or (877) 534-7633