Argentine Medical Malpractice Attorneys Lawyers

Argentine Medical Malpractice Attorneys Lawyers

Argentine Medical Malpractice Attorneys Lawyers

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ARGENTINE MEDICAL MALPRACTICE ATTORNEYS

Do you suffer personal injuries due to medical negligence?  Medical negligence, or medical malpractice, refers to a situation in which a healthcare provider’s negligence caused injuries to a patient.  In some cases, these injuries can even result from defective medical products.  An experienced Argentine medical malpractice attorney can answer your questions about medical malpractice and product liability claims.

Medical Malpractice Attorney Argentina

Medical Malpractice Attorney Argentina

Each province may have its own laws regarding medical malpractice lawsuits.  In Buenos Aires, Cordoba, and Mendoza in Argentina, medical malpractice cases are particularly complex.  As a result, it will be especially important to have experienced legal counsel on your side throughout this difficult process.  At our law firm, our medical malpractice attorneys can speak with you today about your case.





Buenos Aires, Cordoba, Mendoza, Rosario, and Mar del Plata Pre-Suit Procedures

In these provinces in Argentina, there’s a pre-suit procedure before filing a lawsuit for medical negligence. Before you can file a medical negligence claim in Argentina, you’ll need an attorney who can help you to take the following pre-suit procedures:

·      Investigation: Investigate the case to ensure that there are in fact grounds for a medical negligence claim.  During this phase, your attorney will need to obtain your medical records and examine them closely.  According to the statute, there must be evidence to reasonably show that the defendant was negligent in his or her care of the patient and that the negligence resulted in the patient’s injury.

·      Medical Expert: Send the medical records to a medical expert for further review.  Under Argentine law, the medical expert must be a “similar health care provider” to the proposed defendant, and that expert must provide a pre-suit medical expert opinion.  This document simply says that the medical expert believes there are grounds for a medical negligence lawsuit.

·      Filing a Notice of Intent: File a notice of an “intent to initiate litigation” for medical malpractice.  Once this notice is filed, a pre-suit investigative period will begin.  During this period, the defendant will conduct an investigation to determine whether there are grounds for the medical malpractice claim.  In most cases, the defendant will reject the claim in mediation.

·      Filing a Lawsuit: At the end of the period, the injured patient is eligible to file a medical malpractice lawsuit (unless the defendant has admitted to liability or has made a settlement offer that the patient is willing to accept).  In other words, an injured plaintiff should only institute a claim for compensation once the 9mediation pre-suit investigative period has ended.

Common Argentine Medical Malpractice Cases

Argentine Medical Malpractice Attorneys Lawyers

Patients can be injured during many different types of healthcare procedures and treatments.  If you have sustained an injury, an Argentine medical negligence attorney can help to determine whether you have a valid claim for compensation.  In general, medical malpractice claims typically fall into one of the following categories:

·      Surgery: there is a risk of suffering an injury during an operation.  These injuries can include a variety of different mistakes made in the operating room, such as operating on the wrong part of the body, leaving surgical instruments or materials in the body, puncturing an organ, or making a mistake during post-operation care that results in a serious complication.

·  Problems with medication: very often a patient may get too much or too little of a drug, or even the wrong drug entirely.

·     Birth injuries: when a medical professional makes a mistake during childbirth, the child can sustain severe injuries including brain trauma, broken bones, and cerebral palsy.  These errors can occur before childbirth (in relation to prenatal care) and during childbirth.

Misdiagnosis errors: injuries often occur when a patient has been misdiagnosed, or if a medical professional fails to timely diagnose a patient’s condition

Compensation for Argentine Medical Negligence

What type of compensation are you eligible for if you’ve sustained medical malpractice injuries?  Similar to other injury claims, you’ll be able to seek compensatory damages.  These damages are supposed to compensate you for your losses.  They take the form of:

·      Economic damages (for example, these damages might compensate for the cost of hospital bills or lost wages)

·      Non-economic damages (for example, these damages might compensate for pain and suffering, permanent disfigurement, or the loss of enjoyment of life)

Contact an Argentine Medical Malpractice Attorney

If you have sustained injuries during a medical procedure, or if you have lost a loved one due to medical negligence, don’t hesitate to contact an experienced medical malpractice attorney serving Buenos Aires, Cordoba, Mendoza or San Juan.  Our law firm has several years of experience handling medical malpractice cases in Argentina and can talk with you immediately. Call at +54911-4162-0021 or +1 (617) 610-2156.





 

ARGENTINE INSURANCE COVERAGE DISPUTES ATTORNEY

Many times clients pay premiums for years and when they make a claim, sometimes the insurance company just does not want to pay. We have seen this in life insurance, property, homeowners, theft, fire and other kinds of coverage cases. Insurance companies can sometimes use many “exclusions” and other coverage defenses and the policy holder’s insurance becomes worthless. Contact our Argentine insurance coverage disputes attorneys immediately: Call at +54911-4162-0021 or +1 (617) 610-2156.

Our attorneys firm pride themselves on cutting through the red tape of insurance policies. We analyze the policy, study the clauses, hit the books researching how courts from all over the country and sometimes elsewhere have interpreted the particular clause at issue. Also, we do not shy away from the gritty, labor-intensive work that it often takes to break down the policy and establish coverage where the insurance carrier originally claimed there was none. We have been very successful in doing this for our clients.

The law is also helpful in these cases when these cases are litigated because the policyholder is entitled to attorney fees when they win.

It would be an honor to meet with you and share our knowledge of insurance coverage. Once you meet with us, we are confident you will know that you have come to the right place. Call at +54911-4162-0021 or +1 (617) 610-2156.

Attorney Mendoza Lawyer Cordoba Argentina

Attorney Mendoza Lawyer Cordoba Argentina

Argentine Medical Malpractice Attorneys Lawyers

FREQUENTLY ASKED QUESTIONS

Do I need to be a permanent resident or citizen to sue for personal injuries?

No. The courts are open to all victims of negligence. It does not matter what your immigration status is.

How much money will the jury award me in my case?

Every case is different. The jury decides how much money to award. The jury is given no formula. However, we constantly study jury verdicts and have our own experience with juries. Once we know the facts of your case, we then discuss them with you and compare them to other similar cases where the jury has considered similar cases. That way, you will make an informed decision on the monetary goal in your case.

When will the lawsuit be filed?

Often, we file suit if initial negotiations are unsuccessful. On other occasions, we do not engage in pre-suit negotiations. We simply file suit after confirming the identity of the proper parties and if necessary, the existence of insurance. Every case is different. The winning strategy for your case will be based on its particular facts and circumstances.

What happens after the suit is filed?

After a suit is filed, there are two basic activity areas. One is the on-going investigation and research. In this regard, we may use experts and professional investigators.

The second is what lawyers call “discovery.” Court rules permit each side to formally request their opponent to furnish specific information. These rules permit broad information disclosure even though much of it will not be admissible at trial. The Courts permit broad discovery on the theory that each side is entitled to look at a lot of information to find those kernels that may be relevant at trial.

The deadline to respond to these requests is usually 30 days. There are various types of discovery tools, including 1. Interrogatories — a series of written questions that one side asks the other; the answers are in writing and under oath. 2. Requests For Production — requesting the other to produce documents and other items that might relate to the case. 3. Depositions — oral question and answer sessions under oath and transcribed by a court reporter.

Generally, we use all of these discovery tools. Our opponent will also use them. When this happens, we will need your help in responding. Sometimes, your help can be managed by phone. Other times, we will arrange a meeting in our office.

What are trial and mediation like?

It is our goal to prepare your case to win and move it to trial as fast as possible. We find that opposing parties often do not focus on settling until they are facing an impending trial. Sometime after the initial discovery is complete, we will request the court to give us a trial date.

Typically, the judge will give us a date within 2 to 6 months. Every judge is different. Some judges give sooner dates simply because they run a more efficient court. Once the case is set for trial, the court will include us on the trial calendar for a given period along with other cases. Generally, the trial calendar is 3 to 4 weeks long. We may be called to trial at any time on the calendar. We cannot control the exact date. That is up to the judge.

There are circumstances, however, where the judge may give a special trial setting with a date certain, but this is rare. Our clients are usually surprised by the experience and leave the courtroom with a positive impression of the judicial system. The particular strategy for a trial will vary. But there is one simple philosophy that we always adhere to — we present a straightforward, honest case that deals with all facts and hides from none.

Although there is no guarantee for a particular outcome, we find that juries appreciate and reward this kind of honesty. The court will require us to mediate before trial. Mediation is a confidential, informal proceeding. Present are a neutral mediator, the parties, and their attorneys.

After hearing a presentation from each attorney, the mediator separates the parties and then shuttles between the two, attempting to reach a settlement. Cases often settle at mediation.

How do I find out the status of my case?

Always feel free to call us for case status. If the lawyer is not there, speak to the staff. They can answer most of the administrative questions. We live in a society accustomed to fast food service and the like.

Unfortunately, our judicial system does not move at this kind of speed. In fact, the lack of speed is a function of the procedural rules that govern the conduct of a case. The rules allow for extended periods of time for things to happen.

For example, a defendant has twenty days to file an answer after receiving a complaint. Discovery deadlines are usually 30 days. There are depositions to coordinate among the attorneys and witnesses. After filing the motions, it is time for hearing before the Court.

Regardless of these obstacles, your case is always advancing and we maintain our philosophy to move your case efficiently to trial. This approach is necessary to keep the heat on the opposition.

Who will pay for my medical bills?

Part of our job in putting your case together is to assemble the bills. But if you receive any bills in the mail, just mail them to us so that we can make sure you are covered. If the government or your insurance carrier has paid any of the bills that are a part of your case, they have an automatic lien on your case. However, these liens are usually negotiable.

Argentine Medical Malpractice Attorneys Lawyers





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