Medical Malpractice lawyer

Missed Diagnosis Results In Death

In March, a Salt Lake City jury awarded $2.9 million to the family of a 55 year-old man who died after physicians failed to diagnose and treat a life-threatening heart condition.  One evening, after developing chest pains, the man went to a clinic where he was seen by a Physician’s Assistant (PA).  During this time, the pain had spread to this man’s abdomen. The PA diagnosed him with constipation, discharging him with instructions to drink a bottle of over-the-counter magnesium citrate and take a suppository.

Idaho medical malpractice lawyersNine days later, the man returned to the same clinic after being awakened by a sudden onset of sweating and severe heartburn. Again, the pain had radiated to his abdomen.  He also was found to have high blood pressure on exam.  Nevertheless, he was again diagnosed with constipation and instructed to increase his daily intake of fruits and vegetables with the recommendation to follow up in two months.  Four days after this second visit to the clinic, the man passed away while at his home.  An autopsy determined that he had died of aortic dissection, a serious condition in which the inner layer of the aorta, the large blood vessel branching off of the heart, tears.

The lawsuit alleged that the healthcare providers at the clinic breached the applicable standards of acceptable medical care by, among other things, failing to perform a chest x-ray, failing to perform an EKG, and failing to send the man to the emergency room.  The jury found that the man was 30% at fault, presumably because he could have gone to an emergency room on his own but chose not to do so.

Our experienced Idaho medical malpractice lawyers, at Nalder & Blake Law in Idaho Falls, have decades of experience litigating complicated professional malpractice cases.  If you or a loved one were the victim of a similar, or any other type of medical mistake, call us today for a free consultation.

Idaho Malpractice Attorney

Idaho Medical Malpractice Tips

Challenges surround us throughout life. Unfortunately, those challenges are sometimes exacerbated by the very professionals we trust to make us feel better. Whether you or a family member are affected by professional negligence, Nalder & Blake Law Office is here to help you navigate your way through the process.

As you begin this journey, here is some information that will be helpful. Read through these before pressing forward with litigation against a medical professional.

Malpractice Time Limits

There are three key time limits in Idaho that a patient needs to be aware of when bringing a medical malpractice lawsuit. First, if the hospital is a governmental entity, such as a county hospital, there is a 180 day notice of tort claim deadline. Second, before a lawsuit is filed, you have to file for a review with the Idaho State Board of Medicine’s Pre-Litigation Screening Panel. Third, you generally only have two years from the date of the alleged negligence within which to actually file a lawsuit. Do not delay, as these deadlines are all critical.

Malpractice Case Evaluation

Your prospective lawyer will want to review all of the details of the case. He or she will first need to look at all of the relevant medical records. The lawyer will need to see whether the records document anything that may have been done incorrectly. Your malpractice lawyer will next want to have an expert in the particular medical field review the records to see if a case can be proven. Finally, the lawyer will want to evaluate the injuries the alleged negligence caused to get an idea of the possible areas of damages.

Malpractice Case Process

If your professional malpractice lawyer accepts your case, he or she will file the proper paperwork with the Idaho State Board of Medicine. Then, after an advisory decision is issued, the lawyer must wait 30 days — after-which, a lawsuit can be filed. Once a lawsuit is filed, each side will send the other written information requests, called discovery requests. Your lawyer will depose the opposing witnesses and you will be deposed by the defendant’s lawyers as well. Usually between a year to year-and-a-half down the road, the case will be set for trial. As discovery proceeds, the other side may want to settle — if not, the case proceeds to trial. Experts will be called on the standard of care, injuries, and damages. A verdict will be reached, which can then be appealed. Keep in mind that this is a long process and requires patience.

The Idaho professional malpractice lawyers at Nalder Law are here to help you navigate the tedious and difficult legal process. Call us today for a consultation regarding your particular situation.

Idaho Falls Attorneys

Idaho Falls Lawyer

Nalder Blake Law Office is a full-service law practice that offers legal services to all communities in Eastern Idaho. Our Idaho Falls lawyers are among the best in the state, and have been recognized on several prestigious attorney rankings every year since the establishment of the practice.

As your Idaho Falls lawyer, we focus on two areas that are often overlooked. Firstly, we make good attorney client communication a top priority. We will not gloss over any detail, as minor as it may seem to make sure you are fully informed on all aspects of your rights and your case. Secondly, we ensure that we are the best possible advocates for our clients by fighting hard for your rights and protecting your interests.

Idaho Falls Lawyer Lane A. Blake is an expert in the fields of personal injury, worker’s compensation, domestic relations and criminal defense and will provide you with the best representation within our legal system, and will fight tirelessly to achieve the goals that you set.

Born and raised in Idaho Falls, Blake graduated Magna Cum Laude from Utah State University in 2005 with a Bachelor’s degree in Economics and a Bachelor’s degree in Finance. He continued his education at law school at the University of Cincinnati College of Law, where he graduated Cum Laude in 2010. During his time at the University he also served as the Vice President of the Student Bar Association.

A member of both the Ohio and Idaho State Bar, Blake joined Nalder Law Office, as an Associate Attorney in 2011, successfully handling a wide array of cases in all fields of litigation since then. Considered a rising star in Idaho’s legal community, Blake was recently named as a 2015 Top 10 Under 40 personal injury attorney for the State of Idaho by the National Academy of Personal Injury Attorneys, as well as a Top 40 Under 40 trial attorney practicing in civil plaintiff litigation in Idaho by the National Trial Lawyer’s Association. In 2018, Lane was proud to become a partner at Nalder & Blake Law Office and will continue to represent your legal needs whether it be personal injury, medical malpractice, divorce, real estate or business law.