Malpractice
Cubbon and Associates handles medical and other professional malpractice
claims. People who are injured by the professional negligence of a physician,
hospital, 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 hemotomas; and, even death.
In addition, we also handle other areas of professional negligence, including
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.