Motley Rice LLC Medical Litigation

Whether it is the refusal to pay for needed care by an insurer, the failure to screen and hire competent and adequate staff at an elder care facility or the push to market pharmaceutical drugs without regard to their side effects, the law firm of Motley Rice litigates against medical defendants to seek justice.

Motley Rice is positioned to take on medical industrial giants and to act as a strong advocate for individuals on issues of reimbursement, false claims and other financial patterns that cause negative consequences for clients. We also have experience in protecting those who decide to blow the whistle on corporate wrongdoing.

The Motley Rice medical practice group is organized into four main areas:

Pharmaceutical Drugs

When a person is injured as a result of medical treatment, often the injury is caused by a defective or dangerous medication, and a claim for injuries should be brought against the manufacturer of the drug.

Claims against the manufacturers of drugs usually take two forms: strict liability and negligence. In a strict liability case, the focus is on the product and the question is whether it has a defect that makes it unreasonably unsafe. In a negligence case, the question is whether the manufacturer has acted with reasonable care in developing and manufacturing the drug or product.

A successful claim for injuries caused by a drug requires thorough preparation and planning. There are many complex legal and scientific issues that will arise, and it is essential that your attorney have a thorough understanding of these issues. Accordingly, if you believe you may have a claim for injuries caused by a drug, you should not hesitate to seek legal advice from a lawyer with experience in this area.

Another area of litigation that falls in this group is medical prescription error, which in 2005 was the 8th leading cause of death in the United States, and it is likely the least publicized and most misunderstood. The Institute of Medicine estimates well over 8,000 American die because of drug prescription errors in hospitals alone. Motley Rice attorneys have the experience necessary to handle medical prescription error cases. Please contact attorney Rhett Klok at RKlok@motleyrice.com for more information.

Nursing Home Abuse

The decision to place a loved one in a nursing home facility is fraught with emotion and often it is based on a promise by the nursing home that the level of care will be better in such an environment. Most often the trust is warranted, but on occasion there is a breach of trust.

Our mission at Motley Rice is to preserve the rights provided by our laws to protect the elderly. On a daily basis, we protect the rights of residents who have suffered from poor treatment, neglect and abuse in nursing homes. The most common injuries that occur in nursing homes (which can also lead to wrongful death) include: decubitus ulcers (also known as pressure sores or bed sores); malnutrition and dehydration; physical, emotional sexual or verbal abuse; fractures from repeated falls; and wandering/elopement.

At Motley Rice, we understand the intricacies of this unique area of litigation and are no strangers to the complicated state and federal regulations. We also utilize the invaluable experience of nationally recognized experts and employ a full-time legal nurse consultant with over 35 years in long term care experience.

Medical Devices

Since 1997, a series of medical devices have been pulled from the market because they caused serious injury or death to a large number of Americans. From orthopedic prostheses to laser surgical tools, medical device safety continues to be of concern to the public and a concern within health care.

Motley Rice is uniquely positioned to take on litigation in this dynamic area of the law. The firm's attorneys are familiar with the various strategies for handling discovery and trial in these matters, including product identification, medical causation, compliance with FDA regulations, adequacy of warnings, allegations of product defect, and coordination of witnesses, defense documents, and experts.

Medical Malpractice

Healthcare in the United States is among the best in the world, it is in large part due to the scrutiny placed upon the medical field by medical malpractice lawyers pursuing medical malpractice claims. The law of medical malpractice is an outgrowth of the general body of negligence law. It is applicable to all lawsuits by attorneys against medical professionals (doctors, nurses, hospitals, physical therapists, pharmacists, chiropractors, podiatrists) alleging negligence in the rendition of medical services to their patients. It is important to note that a negative result in medical treatment in and of itself does not mean that the doctor committed malpractice. One must prove the standard of care required of professionals in the field of the defendant and that the defendant breached or failed to adhere to that standard of care, thereby causing the injury. Pursuing a medical malpractice claim is an expensive and arduous undertaking. Proving the claim requires expertise, resources and tenacity.

The law firm of Motley Rice has the experience and skill to represent those that have been wrongfully injured.