Medical Malpractice Attorneys - Wilmington, DE - David P. Cline Attorney at Law

Medical Malpractice

Medical Malpractice is a doctor’s failure to exercise the degree of care and skill that a doctor of the same medical specialty would use under similar circumstances. At the Law Offices of David P. Cline, we have extensive experience handling claims of medical malpractice. However, regardless of the state where a claim might be brought, medical malpractice is one of the most complex and costly claims that arise in the personal injury area. Any attorney whom you might select to handle your medical malpractice claim should have extensive experience handling these different types of incidents. The laws regarding medical malpractice and the burden of proof to establish a medical malpractice claim vary in the many States in which we practice. While the law may vary from state to state, generally in order to recover for medical negligence, the injured person must establish the following elements: The existence of a doctor’s duty to the

Additional Legal Areas

Product Liability

Product liability refers to the branch of the law that covers injuries and damage caused by defective products. Product liability lawsuits can be based on negligence, strict liability, or breech of warranty of fitness and these bases of liability vary depending on the state where the product liability claim is filed. Often, through neglect or incompetence, manufacturers and other companies create products that injure people. The U.S. Consumer Product Safety Commission advises that there are over 200 product recalls each year. Products are designed for our safe use, when they fail because of defects they can cause serious injury and even death. The most common claim against a manufacturer is a "strict product liability" claim. If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was "negligent" (necessary in most other injury claims) but you may have to establish the following three elements:

(1) The product has a defective condition that makes it unreasonably dangerous to the user or consumer.

(2) The defect existed prior to the manufacturer releasing the product.

(3) The defect caused your damages. A product is considered defective if it does not provide the level of safety generally expected in the community. The level of safety will vary from state to state and from case to case.

Slip & Fall

The standard to establish liability in Slip and fall cases vary in the many States in which we practice. However, while the law of each state may vary, there are certain issues which are consistent throughout slip and fall cases in every state. Regardless of where you reside, it is my professional opinion that you involve an attorney early in a slip and fall case so that the attorney can do a proper investigation of the accident scene. Never assume the accident scene will remain as it was on the date of your injury. Many of the conditions that caused a slip and fall injury can be corrected or cleaned or lost in a short amount of time. If you have been injured in a slip and fall incident, it is critical that you obtain and document information quickly after the accident. At the Law Offices of David P. Cline, we have extensive experience handling slip-and-fall incidents of all types. Any attorney whom you might select to handle your slip-and-fall case must have experience handling these types of incidents. Here are a few simple rules to follow regarding any slip and fall accident:

Witnesses. Take the name, address and telephone number of any potential witness and preserve this information. Preferably, give it to your lawyer. I would recommend that a lawyer or trained investigator be used to contact the witnesses. If you were unable to obtain the names of any witness, or possibly were too injured to ask for this information, return to the accident scene for any potential witnesses to the accident. Try to revisit the scene of the accident several times at the same time at which your accident took place. Some people may have a habit of being in that area at the same time each day and you might be able to find a witness. Photos. Take many photos, no matter how trivial, of the accident scene. Take photos of where you fell, especially any floor surface, as soon as possible to capture the condition at the time of your fall. Take photos of any warning sign, or lack thereof. Take photos of your clothing and shoes. If you sustained a visible injury such as a bruise, cut, scrape or stitches, casting or any other visible injury to preserve the state of the injury at the time of the injury. “A picture is worth a thousand words.”

Evidence. Save the shoes and clothing that you were wearing at the time you slipped and fell. Place them inside a plastic bag or container and tape it shut so that any materials stuck to the shoes or clothing will remain. Do not wash them. If possible, complete an accident report. If the item that you slipped on is non-perishable, save a sample in a safe place where it will not be lost. If the item is perishable like fruit or vegetables try to preserve the item in a liquid chemical preservative or in a freezer.

Ownership. Establish who is responsible for the condition that caused your slip and fall. Do not assume that the owner is responsible for your accident. The responsible party might be an independent cleaning crew, a previous construction company, the landlord of the building, or some other individual. The rule is to have this explored early, preferably by your lawyer.

Slip & Fall and Fire Case

Much of the investigation that occurs in a Slip and fall equally applies to cases involving fire damages. Many cases are the result of building code violations. There are several codes that may be implicated in any slip and fall case or fire case. The list below is not meant to encompass all of the codes that might apply to a slip and fall or fire accident case but is meant to highlight some of the most often used building codes. BOCA code (Building Officials and Code Administrators International, Inc.). The most commonly used building code is the BOCA Code. Most states have adopted some, if not all, of the BOCA code. OSHA (Occupational Safety and Health Act) OSHA standards apply in the construction industry and in the workforce. Most OSHA standards are based upon American National Standards Institute standards. The Life Safety Code is widely used in many state building codes. It covers such issues as the ingress and egress of a building and many fire safety provisions. If your claim involves a fire, this code will very well be implicated. There are also Uniform Building Codes in each state. These are just some of the codes that might apply to a slip and fall or fire case. They are a starting point and are not meant to include all the code provisions that might apply to a slip and fall accident or a fire damage claim.

Workers' Compensation

If you have been injured on the job, you are likely covered by workers’ compensation laws that allow for recovery of your medical expenses, a percentage of your wages, plus other compensatory damages. State and federal laws require that employers carry workers' compensation insurance in order to provide for employees injured or killed on the job. Workers’ Compensation laws are statutes that establish liability of employers for injuries to workers while on the job or illnesses due to their employment, and require insurance to protect the workers. Workers’ compensation is not based on negligence of the employer, but is absolute liability. Benefits covered by workers' compensation insurance include medical bills, a portion of lost wages, rehabilitation, death benefits and in some states, permanency. The amount of workers' compensation insurance coverage is mandated by state law and varies from state to state. Workers’ compensation laws vary from all other forms of injury laws because in the vast majority of cases you are entitled to compensation regardless of fault. Usually, the only requirement for compensability under workers’ compensation is that you are injured on the job. Each state has its own workers' compensation rules to handle how claims are administered for employees who suffer an on-the job injury. Workers' compensation is usually the only remedy for an employee against an employer and does not include general damages for pain and suffering. If a third party contributed to the damages, the injured worker may sue that party for damages even though he/she receives workers' compensation, but recovery may be subject to a lien for moneys paid out by the workers' compensation insurance company or the company itself. For claims against third party defendants, see the other portions of this web site or contact us.

Our law firm has successfully represented many injured employees with their workers’ comp claims. We only collect if we collect money for you. At our law firm we will provide you with information to evaluate your workers’ compensation legal needs. We have many years of experience. We have established a system for helping to simplify the handling and conclusion of your workers’ compensation claims.

While the workers’ compensation statutes vary from state to state, here are some simple rules if you are injured on the job:

(1) Report the incident to your employer immediately. In some states failure to report your injury in the time proscribed by the statute will bar your claim for workers’ compensation benefits.

(2) Make sure some type of written report is made of the incident, even if you have to write it up yourself and hand it to your supervisor. Keep a copy of any report.

(3) Find out what doctors are available to treat you for your injury. In some states, the workers’ compensation insurance company can determine which doctors an injured employee may see for a compensable workers’ compensation injury.

(4) Make sure you do what the doctor tells you. Get an extra copy of any disability slips or work restriction notes given to you by the doctor. These are very important documents and will encourage speedy payment of your lost wages.

(5) Be aware that your claim might be subject to a statute of limitations.

(6) Lastly, it is important to consult an attorney to insure that you understand your rights.

Balancing the Scales of Justice in Favor of the Injured.™

Ph: 302-529-7848
800-240-6050

injured person, usually based upon the existence of the physician-patient relationship; The applicable standard of care and a breach of that standard of care, usually based upon expert medical testimony; A compensable injury; and A causal connection between the breach of the standard of care and the harm. While the situation may very slightly from State to State, malpractice claims are usually founded on one of four separate theories of liability. Those liabilities arise in the following circumstances:

(1) Against a medical professional who deviates from an accepted standard of practice for specialists in that field of medicine. The accepted standard of practice might be based on standards of practice in the community in which the medical professional practices or the standard of practice might be based on a national standard. The burden of proof of what standard might apply varies from State to State so contact us.

(2) Against a hospital or health facility where the injury occurred. Liability against a hospital might be premised on improper doses of medication, negligent nursing care, inadequate sanitation, infection, equipment failure or under a theory of respondeat superior.

(3) Against a private or government agency that operates hospitals or provides specified medical care. In some of these situations there are specific notice requirements that must be met in order to perfect your medical malpractice claim. We carefully screen all medical related cases. Medical negligence is extremely difficult to prove, and requires qualified experts to testify that the care given failed to meet the appropriate standards, and that this failure caused injuries. Doctors and nurses are just like the rest of us - they sometimes make mistakes.

If you or a family member find yourself the victim of a medical mistake that has caused serious injury or death, we can help. We understand the pain and confusion that can result for a medical mistake. We, together with our network of top medical experts can answer your questions. We can offer guidance during this traumatic time. Together with our litigation partners, we have spent years helping victims of medical malpractice recover just and fair compensation for their injuries. While we are licensed to practice law in Delaware, Maryland, New Jersey, New York and Pennsylvania our network of experienced malpractice attorneys is able to handle cases in all states of the Continental United States. If you have a question about a medical mistake, which has caused a serious injury, please contact our office. We will respond and provide you answers to your questions. As previously stated, medical malpractice cases can be complex and expensive. If we accept your case, it means we are willing to invest our own money, sometimes tens of thousands of dollars, to get you the compensation you deserve.

Some common examples that may involve medical negligence include: Birth Injury or Birth Trauma due to Obstetrical Physician treatment; Nursing or Hospital Negligence; Failure of Hospital Staff to Properly Interpret Doctors' Orders on Patient Charts Resulting in Incorrect Administration of Medications or Treatments; Failure to Diagnose or Properly Diagnose an Illness; Improper use of Anesthesia; Surgical procedures that are done improperly or without Patient Consent; Incorrect Treatment of a Diagnosed Illness; Improper Administration of Drugs; Failure to Order Proper Tests; Failure to Monitor a Patient.