Malpractice

Cubbon and Associates handles medical and other professional malpractice claims.  People who are injured by the professional negligence of a physician, hospital, nursing home, or other medical provider may have a claim for medical malpractice.  While it is important to note that not every negative result to a medical procedure constitutes medical malpractice, we have the experience and ability to review cases and call in necessary experts to determine whether or not you may have a valid basis for pursuing a claim for medical malpractice.  There is no charge for an initial consultation.

We also represent individuals and families who have been seriously injured as the result of neglect and abuse in nursing homes and other residential care facilities.  The claims that we handle typically result from inadequate staffing and supervision; failure to recognize critical medical needs and to provide appropriate medical treatment; and, instances of physical abuse by staff or other residents. Common injuries include bed sores or decubitus ulcers; malnourishment and dehydration; conditions worsened by the failure to provide necessary medical treatment; fractures and subdural hematomas; and, even death.

In addition, we also handle other areas of professional negligence, including pharmaceutical and legal malpractice.  If you feel that you have been wronged through the negligence of a professional, do not hesitate to give us a call.

Statute of Limitations

Many factors must be considered in establishing the precise statute of limitations and it is far beyond the scope of this paragraph to discuss all the issues involved.  It is strongly recommended you call us if you have a question about the statute of limitations for a potential medical or professional malpractice case.  We can get the facts and provide you with the advice you seek.

FAQ’s

My surgery did not turn our very well, do I have a case against the doctor?
Without more information, it is impossible to answer your question.  Malpractice litigation requires proof that your injuries result from a doctor departing from "accepted standards of medical care and treatment."  Sometimes, a physician does everything right and the surgical result is still not good.  Other times, a poor result is due to the physician’s negligence.  We are experienced in researching and evaluating medical malpractice cases.  Give us a call and we can schedule a time to meet to discuss your potential case.

If I sue my doctor, will he still treat me?
It is unfair to ask your doctor to continue to treat you if you are suing him or her.

What can I do to help with my malpractice case?
Be a good historian!  Try to carefully and precisely remember all that you can about your medical care and treatment.  Jot down the names, addresses and telephone numbers of witnesses.  Make a list of all the doctors, hospitals, therapists and other medical providers you have seen in the past five years and give that information to your attorneys.  Also, seek necessary follow-up medical care and follow your (new) doctor’s orders.

Can I expect to be compensated quickly?
No.  Medical and professional malpractice cases tend to be fought "long and hard".  No professional likes to be sued and the tendency is to defend the case in every way possible.  One needs to expect a long time (years) to pass from the actual malpractice to the date of compensation.

My attorney missed the statute of limitations, now how do I get compensated?
This is a legal malpractice case.  Your prior attorney is responsible to you for what you would have received had the statute of limitations not been missed.

What constitutes nursing home neglect?
Under state and federal nursing home regulations, neglect is the failure to care for a person in a manner that avoids harm and unnecessary pain or the failure to respond to a situation that may be harmful. Neglect may result from intentional or unintentional conduct.

Are all injuries in nursing homes the result of neglect or abuse?
No, many are not. To succeed with a claim it must be demonstrated that the injury was preventable and that the facility failed to do what it could to prevent the injury. Unfortunately many falls are simply not preventable.

What is a serious injury?
This is difficult to determine and will depend on individual circumstances. While we are most likely to undertake claims that involve broken bones, longstanding pain, death, significant disability, surgery, or substantial medical expense, we will give every call our careful consideration.

My parent has passed away. Can I still pursue a claim that arose before her death?
Yes. A claim can be brought through your parent’s estate. In the event that the death resulted from the negligence of a nursing your family may be able to assert a wrongful death claim as well.