Medical Malpractice Statute Of Limitations

When you or a loved one has been a victim of medical malpractice, it is important that you understand you rights when it comes to filing a medical negligence claim. One of the best ways to begin educating yourself on medical malpractice claims is by learning the terms of your state’s medical malpractice statute of limitations. This will arm you with knowledge which is vital to protecting your rights and ensuring you receive the compensation you deserve.

What Is a Malpractice Statute of Limitations?

In each and every state, laws concerning malpractice have been enacted. These laws affect many of the procedures and components of filing a claim. Everything from lawsuit filing deadlines to plaintiff procedural requirements can be a part of a state’s medical malpractice statute of limitations. Making sure that you are familiar with the laws and ordinances in your state is important to ensure that your rights are being protected. An experienced malpractice attorney should be extremely knowledgeable concerning these laws. When you have a grasp and understanding of your state’s limitations, it gives you a better chance of receiving the compensation you are entitled to.

Where Can a Certain State’s Statute of Limitations Be Found?

With only a little time and an internet connection, one can conduct all kinds of research concerning malpractice claims. The statute of limitations for medical malpractice in your state should be located in the state government’s online database of laws. If you experience trouble locating the documents, you can also conduct a quick internet search for local malpractice laws. Other online sources have created lists of the different states’ current statutes of limitations. If you seek a more comprehensive understanding of your state’s malpractice laws, then contacting a local attorney with malpractice experience who can provide you with many of the answers you may be seeking is an option which deserves serious consideration.

What’s So Important About the Statute of Limitations?

When you or someone you care for has been the victim of malpractice, time is of the essence. A statute of limitations will give you information regarding the amount of time you have to file a lawsuit against the doctor, hospital or other healthcare professional responsible for those injuries. When you become familiar with these deadlines, you become aware of the time frame you are working with. It is important to proceed thoughtfully throughout the process of filing a medical malpractice claim, never rushing into things. However, it is also important to comply with the state malpractice laws in order to receive your due compensation. Failing to file a claim within the statutorily mandated time frame will prevent you from being entitled to compensation for your injuries.

Medical Malpractice and MRSA

Hospitals offer the best hope for the seriously ill or injured to receive the medical assessment and treatment that is necessary to protect their health and to prevent an untimely passing. At least that is what patients are counting on in the time of urgent health needs. They trust that the extensive training and strict professional oversight require of the doctors, nurses, and other healthcare professionals will be enough to limit or eliminate the potential for adverse health effects to arise. But medical malpractice is a too frequent occurrence and stands as serious threat to patient safety. The recent increase in the prevalence of dangerous bacteria, include Methicillin-resistant Staphylococcus aureus, or MRSA.

Bacterial organisms are found all around us in almost any setting. Fortunately, the human body has adapted to this environment, otherwise survival would be an almost unlikely prospect. There are other bacteria, though, that when they infect a person can cause serious and even deadly illnesses. As the name implies, MRSA has evolved a resistance to antibiotic treatments that would typically be used. Consequently, infections that could otherwise be treated and cured have become incurable and potentially life-threatening. Stunningly, hospitals are the most common site at which MRSA infections are contracted.

Preventable Pain

The prevalence of MRSA infections in hospital patients is disturbing because they could be so readily prevented through adherence to rigid sanitization procedures and caution on the part of hospital workers. Because the patients in the hospital are already ill, their immune systems are more susceptible to these infections and they should not have to suffer because of healthcare worker neglect. Surgical patients and individuals who are recovering from surgery are at a high risk of infection because of the open wounds that are healing. Despite this, however, MRSA rates remain unacceptably high.

There always exists the threat of some complications when one undergoes a surgical procedure or medical treatment regime, but when a reasonable standard of care is not met and patients suffer due to those failures, then the responsible parties must be held accountable. MRSA can cause intensely painful skin infections and may facilitate the development of deadly conditions including sepsis and toxic shock syndrome, among others. Some potential causes are:

  • Improper sterilization of surgical tools and medical devices
  • Inadequate personal hygiene on the part of doctors and nurses
  • Lack of proper cleaning and sanitization in hospital rooms and hallways

Take a Stand

If you or your loved one has been the victim of a MRSA infection acquired in a hospital, contact the Phoenix medical malpractice lawyers of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C.

Difference Between Medical Coding and Billing

Often mistakenly assumed to be the same, medical billing and medical coding are two very distinctly separate jobs. Although there are many similarities between the two and small healthcare settings may entrust a single person for doing both the tasks; most medium and large healthcare facilities have different individuals responsible for the two different jobs. Both these jobs come under medical records and health information technicians. In order to understand the differences between medical coding and medical billing, let us look at the responsibilities of the two job profiles.

Medical Coding

Medical coding is concerned with assigning the relevant code to the various treatments given to a patient, to facilitate their insurance claims. Medical coders study the patient’s medical records to determine the procedures performed on the patient by the doctor, surgeon, nurse and other members of the healthcare team. They check the doctor’s transcriptions, laboratory test results and other documentation relating to the patient’s treatment. If no further details or clarification is required, the medical coder assigns the correct diagnosis or procedure code for the corresponding service given to the patient and creates the claims to be paid by the insurance company. The codes are assigned using the Current Procedural Terminology (CPT) for procedures received by the patient and the International Classification of Diseases (ICD) for the physician’s diagnosis of the patient.

It is extremely critical for the medical coder to be accurate in the coding process as this data is used by insurance companies when processing patient claims. Medical coders often have to interact and coordinate with other healthcare and staff members to either gather more data regarding the patient’s treatment or to inform them regarding the type of data and information required in the patient’s medical file to ensure that the coding process becomes smooth and efficient.

Medical Billing

Medical billing is concerned with checking the assigned medical codes and transmitting the claim. Making use of special software developed to input the codes assigned by the medical coder as well as other relevant insurance information, the medical biller forwards the insurance claim to facilitate the payment. Once the insurance claim has been forwarded, the medical biller continues to be in touch with the patient and the insurance company to ensure that the claim has been paid. In case of delays, rejected or denied claims, the medical biller needs to liaison between the patient and the insurance company to sort out the matter and resubmit the claims with necessary adjustments; if required by the insurance company.

Medical billers often have to explain the benefits and answer questions regarding their insurance when they get the insurance information from the patients themselves. They are also responsible to clarify any queries regarding the charges on the bill, should the patient ask for it. The medical biller is also responsible to explain deductibles, co-payments and co-insurance that an insurer requires, in case the patient demands to know why they still need to pay despite being covered under insurance. At the same time, medical billers have to know the claims process and be familiar with all the requirements that have to be submitted to process a claim. It is their job to ensure that the correct billing format is followed, all questions properly answered and all supporting documents attached before handing the claim to the insurance company.

Medical billers also have to make sure that the insurance companies pay the doctors and the healthcare facility for the services rendered to the patients.

Common grounds

It is important that both medical coders and billers pay keen attention to detail and ensure that the codes and all other insurance data entered into the system are accurate. Both jobs require interpersonal skills as they deal with healthcare staff, patients and insurance representatives. It is most important that both medical coders and billers possess integrity as the law requires that patient data is to be kept confidential.

The Importance Of Reading Medical News Journals

Hardly does a month or a week go by before a friend or a member of our families fall ill. It may be a simple infection or even a terminal disease. At such critical times we seek information of the diseases and illnesses from the websites and books that we can access. Sometimes we even ask our friends. However, some of the material we read may either be outdated or simply irrelevant. The best alternative would be to follow-up on different medical conditions in the medical news sections in newspapers as well as the websites that constantly provide professional medical news.

There are certain medical news items that have specifically targeted certain diseases and medical conditions. The articles are fully dedicated on diseases such as cancer or even conditions such as diabetes. The main reason would be to provide a consistent flow of information for the targeted people. The advantages of such sections include the full coverage of the up-to-date medical trends that address the disease or condition. The article writers extensively cover areas such as research and management of these diseases. They provide the medical news with the specific readers in mind.

There are yet other medical news columns and websites that address medical insurance issues. The articles provide a rich source of information for people who are either looking for new medical insurance covers or those who already have the medical cover. By reading through the professional advice, they would be in a better position to make the best choices concerning medical insurance covers. These medical news areas avail information of the recommended medical insurance policy providers. When such kind of information is presented in a clear and straightforward manner, the readers would be aware of the opportunities and benefits that come with medical insurance covers.

Readers could spare a few minutes to read on the areas covered by the health news articles. The reason for this is that they would expose themselves to knowledge that would probably save a life. The knowledge obtained from such reading can be helpful in updating them on the ongoing research activities in the medical field. For instance, there is constant research into cancer drugs. Information on the progress made by the medical researchers working on the drug can be best located in the columns that cover the medical news. Alternatively, they can visit approved medical websites that provide all the updates on the research being done on a particular disease or medical conditions.

The medical news can be a source of tips or techniques that could be applicable in any situation that needs medical conditions. The doctors and other medical professionals have dedicated themselves to providing the individuals who are not in the medical field with information on diseases that may not necessarily warrant a visit to the hospital. For example, home remedies could be recommended where applicable. Doctors can give directions of handling such situations from a professional medical official’s perspective.

Tips to Avoid a Medical Bankruptcy

Did you know that more than half of all bankruptcies are because people are unable to pay their medical bills? This matter cannot be neglected anymore due to the factor that numerous people have to lodge complaint for a bankruptcy due to the expensiveness of medical bills day after day. Something that you need to understand is that in order to avoid a medical bankruptcy you first need to know how you can avoid it and what steps you need to make in order to stay away from a bankruptcy. If there is one thing you do not want to do that would be filing for a bankruptcy because all that is going to do is ruin your credit for 7 years or more and hurt your borrowing power even more than you will ever know.

When it comes to staying on the sidelines of a financial problem of great tips I have for you is simply not to be in a place where you cannot pay for your bills. I know that medical bills are usually unexpected but the fact of the matter is you can not cover too much thinking with respect to payments of others, because everything seems to return all their medical bills. My advice to you is to make sure that you don’t have any debt anywhere else because the second you get a medical bill that needs to be paid you should pay it or else you will run the risk of getting a lien on your house, the medical facility taking money from your bank account and even such things as getting your wages garnished.

Tips to avoid a medical bankruptcy

Have proper insurance – The first thing you must do in order to avoid a medical bankruptcy is to have proper insurance. The thing to understand is that many people in the United States does not have adequate insurance and that is a major reason why so many people have to file a medical bankruptcy. My advice to you is to do whatever you can in order to get the best insurance possible because without it you will have higher odds of filing a bankruptcy when you really should not have to.

Plan ahead – If you know you will need to go into operating room for something important then you need to have a plan and be prepared to pay cash for whatever it is you are needing. What most people don’t understand is there is always enough time to save up for a medical procedure so if you know one is coming up then sell things, cut costs, and ultimately save part of your income in order to cover your medical costs.

The most important factor a person have to know in order to escape a medical bankruptcy is to be sure that the outstanding bills are paid off or about to be paid off.

Medical Bankruptcy: Fact or Fiction?

You have probably heard someone use the term “medical bankruptcy.” This is a word commonly used by individuals who either are going through a medically related financial crisis, or are acquainted with someone who is facing severe medical debt. Although medical bankruptcy is not a legal term, it is a useful term to describe a financial remedy for an individual who may have reached the end of their rope because of medical debt.

Medical bankruptcy can be a misleading term because there is no legal remedy available exclusively for medical debt. In general, bankruptcy is the dissolution or reorganization of some or all of an individual’s debt. When you file for any type of bankruptcy you must include all your debt. This would apply to home mortgage loans, car loans, credit cards, and medical debt. There are several types of bankruptcies, but most individuals filing a bankruptcy for medical debt will typically file for a Chapter 7 or Chapter 13 bankruptcy. A Chapter 7 bankruptcy may allow an individual to eliminate their debt, while a Chapter 13 bankruptcy can allow an individual to reorganize their debt into a 3-5 year plan, while at the same time reducing the principle on their debt.

The idea that a medical bankruptcy exists as a legal remedy may have developed because the court handles medical debt in a different way than they might other types of debt. Not all debt will receive the same treatment in court. A bankruptcy court will generally divide an individual’s debt into two classes: Secured Debt or Unsecured Debt. Secured debt is the type of debt that is usually tied to assets like an auto loan or home mortgage. Unsecured Debt is usually not tied to assets, yet can often be eliminated or greatly reduced through a bankruptcy. It’s important to realize that medical debt is usually classified as an unsecured debt.

While the term “medical bankruptcy” is not a legal term, it is a useful way for an individual to describe how their finances fell into chaos. An experienced bankruptcy attorney will immediately understand what a client needs when they inquire about a medical bankruptcy. A bankruptcy attorney can then inform them how a bankruptcy could be a solution to their financial hardship caused by medical debt, and even help the individual decide whether a Chapter 7 or Chapter 13 is most appropriate for their situation. Once an individual has decided the best course of action, the attorney will then lead them smoothly through the legal process of filing, and obtaining a bankruptcy.

D Dye

Where To Find Help With Medical Bills

The present times have brought us technological advancements that lengthen our life span and make living easier even with debilitating diseases. Nevertheless, these medical treatments also come with steep medical bills. In fact, most people tend to delay going to the hospital in hopes that they don’t need to pay for the hospital bills that come with seeking medical attention. However, when an unexpected accident or a disease comes up, there is no longer a choice left but to go to a hospital. Luckily, there are now different methods and organizations that are willing to help with medical bills. You only need to find which one works the best for you.

  • Ask your hospitals. Typically, hospitals are willing to refer you to their charity service cases, which will help with medical bills by approximately 50-75%. These charity cases exist in return for the decreased tax revenues the government will charge of the hospitals. However, you may need to be in a certain income range to be able to qualify. Another option is to negotiate with the hospital and your doctor by explaining your situation. Most of the time, they cut the costs and you can pay less than you are expected to.
  • Approach your government. You may not be aware of this but the government provides various grants to help pay hospital bills of those who are qualified. Typically, the grants are open for children, for senior citizens for disabled people and for those who are suffering from diseases that need lifetime treatment. If your case qualifies then you can easily get help with medical bills.
  • File for medical loans. This is usually done even when people don’t have health insurance. With affordable interest rates, it is easy to pay back your loans and pay hospital bills at the same time. It is also easier to qualify for a medical loan compared to charity services or government grants.

Finding help with medical bills don’t need to be strenuous. As long as you are determined to pay off your hospital bills then it will be worth it.

How Your Office Benefits From Medical Staffing

For healthcare companies vacancies or low staff count equate to lost productivity and revenues. Over working your medical staff can also lead to a high turnover rate in your office. Managing your workforce via medical staffing is critical in today's competitive job market. One of the leading factors in jobs creation has been identifying a ready labor pool of qualified candidates. There are many benefits of working temp assignments as it allows the company to assess the many experiences and qualities the employee has to offer.

While larger companies and government agencies have long capitalized on this ready labor pool smaller businesses are joining the game. Companies are now looking at medical staffing as one of the available solutions. Depending on your industry the turnover rate can be as high as 75% and the real labor costs to be in excess of 50% of the employee's compensation. Medical staffing is the answer for many offices.

Employees are the most expensive investment a business can make.

Hiring the wrong employee can be costly to a company bottom line if not using medical staffing.The cost of hiring the wrong person becomes incrementally more expensive the shorter period of time they have been with you. The first 90 days are typically the most expensive to have an employee on board.

The Flexibility Factor

The right medical staffing solution provides workforce flexibility and access to qualified talent. This is also an assessment period to determine if the employee is a great behavioral or motivational fit for your company. Staffing allows companies to avoid the burden of employer costs associating with hiring and training an employee. The employers so called "loaded rate" for each employee adds up to about 40% more than their pay rate? Example, for a $ 14 per hour worker their true cost would be $ 19.63 per hour or about 40% more than their base pay. Included in this so called "loaded rate" would be the costs you would pay as an employer each pay period. You will not be responsible for paying taxes, health insurance, workers compensation and job training etc.

The Jobs People

Because the employee is actually an employee of staffing firm and not the employer the employer costs are solely the responsibility of the staffing firm. Many business owners don't know that the total costs of using a medical staffing firm is a businesses write off.

The staffing firm is responsible for paying the payroll taxes and the costs of benefits. As an employer you are reimbursed for these costs which are included in the hourly billing rate. In addition, they charge somewhat more than that because they must cover their overhead and make a profit. You pay that as well. You can deduct as an ordinary business expense what you pay the staffing firm. The deductions are likely somewhat higher than if you do it yourself. You will benefit from having the employee and are able to write off the costs you paid to the medical staffing firm.

Chapter 13: When Trying To Settle Bankruptcy Medical Bills

If your debts are too high but pride prevents you from seeking protection under Chapter 7 bankruptcy then Chapter 13 may be the option for you. Whereas Chapter 7 allows you to start with a clean slate, Chapter 13 is a repayment plan supervised by the court. If you fall within an income category or if you are currently unemployed, the court will also allow you to pay only a portion of the total medical debt. Most people who file Chapter 13 have incomes much higher than what Chapter 7 allows.

The repayment period under Chapter 13 bankruptcy is around 3-5 years. One advantage is you get to keep your non-exempt property, which would have been sold to pay of the creditors under Chapter 7 proceedings. People who file for Chapter 13 have something in common:

  • They want to pay their medical bills but their current situation does not allow them to do so.
  • Because of their medical bills, they are behind on mortgage or car loan payments.
  • You already filed for Chapter 7 bankruptcy last year or seven years ago. You can only renew application for Chapter 7 after eight years.

There are other requirements to filing Chapter 13 bankruptcy medical bills but a lawyer will be able to explain to you better the constraints and benefits of the proceeding. For example, you can't file Chapter 13 if your debts are already discharged more than two years ago. Filing bankruptcy medical bills also does not automatically eliminates taxes, alimony, child or spousal support, student loan or criminal and civil liabilities.

It's important that you consider all your options and reflect on the advantages and disadvantages of filing Chapter 13 or Chapter 7 bankruptcy. Don't jump to a decision without first consulting with your family, friends, co-workers and lawyers. Remember, you will end up dealing with the consequences of your actions so no matter how valuable their advises would be, the decision of whether or not you file for bankruptcy ultimately rests with you.

Consolidating Unpaid Medical Bills

Unpaid medical bills can be a drag. Most of the time, people don't save up for a medical emergency. Part of the reason for this is the thought that bad things only happen to other people. That sense of invulnerability has driven many into bankruptcy because of unpaid medical bills. If you count yourself among these people, don't worry. There are options. Consolidating medical bills is a great place to start.

Consolidation can have its distinct disadvantages and advantages, just like any option. However, it's important that you weigh the pros and cons of consolidation with other alternatives before you proceed. Generally speaking, you should consider consolidating your unpaid bills if you have exhausted all possibilities for charitable funding, such as asking the hospital for discounts, applying for medical assistance programs from the state, or borrowing money from a rich relative at little or no interest.

There are two methods to consolidate your unpaid bills:

First is through a loan from a bank or financing institution. You must remember that this type of loan is secured so you may need to offer collateral-either your house, car or any other asset. One advantage of this route is that it carries a lesser interest rate compared to unsecured loan. Essentially, you're putting your credit history at stake here. Banks, especially now when times are dire, are not wont to offer consolidation to somebody with a credit score below of 600. Consolidation will restructure your unpaid medical bills so you can make lower monthly amortization payments. However, you will pay more in the long run because the process stretches your principal loan in addition to the interest rate that accrues over a longer payment term.

The second way is to seek the help of a debt management company which can bargain with the credit collection agency trying to recover the hospital's money or the hospital itself to reduce the unpaid medical bills to more manageable levels. One advantage of this method is you don't risk your credit history, although you will have to pay the debt management company for its troubles. The service provider should be able to provide you with details, but you should still insist that they report to the credit bureau that your unpaid medical bills are already paid as agreed or paid in full.

When dealing with unpaid bills, the important thing is to never panic. Talk it out with your family, doctor, friends, or even colleagues and solicit suggestions to find out the best option for your situation. Know that you are not in an island by yourself. Millions of Americans are in the same boat as you. While that thought may offer no consolation, it does means there are avenues to settle unpaid medical bills if you just put a little effort into tracking them down.

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