Diagnosing Medical Malpractice

One would like to think that medical malpractice is something that only happens to someone else or on TV, but it can happen to you or someone you love. While we would all like to think that medical professionals would not make serious or catastrophic mistakes, they are human and it can happen.

Medical malpractice by definition means the negligence, incorrect treatment or the lack of treatment or action of a medical professional in the care and treatment of a patient, where the correct treatment or procedure should have been known, and the end result is detrimental to the patient's health or well-being. While sometimes injury to a patient is unavoidable and we don't like to see that, sometimes that is actually a necessary part of the treatment and is not considered malpractice. There are also time constraints on filing a malpractice lawsuit, but if you think you may have a valid case, this article presents some tips about how to get started and what you will need.

The thing that will help you the most is doing as much homework as possible and having documentation on everything. Your best offense is a thorough understanding of malpractice and what is expected of medical professionals. The National Institute of Health web site and the American Medical Association web site can provide much of this information if you research them.

You can also check out which lawyers in your area have a good reputation for malpractice cases as well as check into their success rate. You can see which ones handle cases such as yours and check out their information on the state bar association website.

You need to get together as much information as you can about your case. Get all of your medical evaluations and records as well as all of your bills that are directly related to the incident. Some other costs that you may consider is lost wages as well as insurance premiums and be sure to make copies of everything before you give it all to your attorney.

If you had not done so prior to this time, start a journal or notebook with dates and times of all incidents and events that pertain to this case. Include as much information as possible, even including your initial consultation with the physician prior to this incident. Note any referrals to other doctors, and have the results of all blood tests, medications, and therapies. Keep a copy for yourself as well as having one for your lawyer.

You want to be sure to go with a lawyer that has experience in medical malpractice cases. Most lawyers offer free consultations so you may want to check with a few to see who meets your needs and who you feel most comfortable with. The lawyer will help you to determine if there is a case or not. Most lawyers will not take on a case that will not bring them any money in the long run, so they will be up front with you about your chances for success.

It is well known that medical malpractice lawsuits can be very complex, so you need to work with your lawyer to make an educated decision about whether you should move forward with it or not. But if you can gather all the documentation and you have been mistreated, you will also want to ensure that your rights are protected and as appropriate, that you are compensated for losses and damages.

For more insights and additional information about Medical Malpractice please visit our web site at http://www.malpracticeinfonow.com

Are You a Target For a Medical Malpractice Lawsuit?

While it is true that we cannot control the world around us, certain actions increase the likelihood of a problem. For example, there is a greater probability of having an auto accident if you are talking on a cell phone, trying to eat fast food, selecting a CD to play, doing your makeup or reading something while driving. A medical practice is no different.

A doctor's clinical protocols may be flawless but his doctor/patient relationship can have the same affect as being distracted while driving. Numerous studies have shown that bedside manner can dramatically increase or decrease risk. Patients are less likely to sue a doctor that they like. It's that simple. The good news is that some small efforts can go along way to lessening the likelihood of getting sued. Here are 5 areas that can work in your practice.

Empathy

The first step is to assure that doctor and staff treat all patients sincerely and honestly, expressing empathy, caring and hope with their patients. Take time to listen to them. Allow them to express their fears and concerns, and then address them as appropriate. The goal is to get every patient to feel as if their success is the practice's utmost concern.

Doctors who, on the other hand, appear to be impatient and impersonal do not evoke good feelings from the patient. If something goes awry, the patient is much quicker to contact a lawyer for redress. Remember, the personal touch is a doctor's best defense against a claim.

Education

Solid patient education is a must. False hopes and unrealistic expectations in the mind of the patient often lead to problems. Just presenting an informed consent for signature does not preclude taking the time to discuss the anticipated benefits, possible complications and alternative procedures. Patients want an accurate assessment of their condition and treatment. If a patient is surprised at an unanticipated outcome, regardless of whether there was any fault on the part of the doctor, he/she may be quick to place blame and look for a lawyer.

Documentation

This is not likely the first time you have heard this and it will not be the last, but good documentation is your best friend if you are sued. Failure to document testing, diagnosis, treatment and doctor/patient discussions on a timely and accurate basis can make a lawsuit more likely and more difficult to defend. Such risk increases exponentially if the patient is transferred to the care of another physician or specialist who may rely on your medical records.

Communication

Communication with a patient, staff and peers is critical. Effective communication with patients is the basis of creating the feelings of empathy and effective education. When a physician has a doubt about the treatment of a patient, a specialist should be contacted to assist with the case or, at the very least, provide advice. Once a second or third doctor is brought into the picture, the establishment of proper channels of communication is paramount. Make sure that everyone understands each other's preferred method of communication and set times for joint review. It is also a good idea to have a referral form that delineates who is responsible for what phases of the treatment, follow-up and prescribing of medication and all of this needs to be communicated to staff as well so that they are prepared to carry out the doctor's orders.

Employees

A practice's staff is its front line. Patients will generally deal with staff before and after they meet with the physician so the staff can either improve or erode progress the doctor makes in creating a good doctor/patient relationship. Patients paint their emotional attitude about the doctor with a broad brush that includes the entire operation. If they don't like staff or feel that the staff is not caring, they will again be much more likely to institute a claim against the physician.

A staff's moral comes through to patients very quickly so it is important to create an environment in which the staff enjoys working. Employees who are happy to come to work and help patients will improve a patient's experience immensely.

The best preventative action that any physician or group can undertake is to make a firm commitment to customer satisfaction within the practice. From the receptionists to nurses to back-office clerical staff, everyone must be empathetically focused on the welfare of the patients.

A culture of caring needs to be developed and nurtured from the top down.

J Michael Rosenthal, ARM - President and CEO, RGI Insurance Services Mike Rosenthal is an Associate in Risk Management (ARM) and  CEO of RGI Insurance Services. RGI Insurance Services provides all types of insurance for doctors and medical groups such as medical malpractice, workers compensation and group benefits as well as risk management services, human resource services and OSHA compliance services.

When You Should Consider a Medical Malpractice Suit

Every year there are countless numbers of people that are filing medical malpractice lawsuits due to misdiagnosis, negligence, medical errors, delayed diagnosis and surgery errors, and many other things that were needless delays or errors that resulted in the injury or even death of a patient.

No doctor can assure you that the outcome of every surgery will be ok. There are always risks involved when taking medical treatments. People react differently to different medications and different procedures. Doctors make decisions based on the best evidence they can see at the time, and sometimes those decisions need to be made quickly or without a complete picture.

Nevertheless, due to the mistakes of doctors and other medical personnel, many people have suffered needlessly and some have even died. The hardship of the grieving family that is left behind and the loss of life of a person that still could be enjoying life and contributing to others is often overlooked.

If a person remains permanently disabled due to such mistakes, the hardship both of the family and the surviving person is great and often a medical lawsuit should be filed in order to keep up with expenses and to help with the damage that a person is experiencing for the rest of his or her life. This is a primary reason for malpractice lawsuits – the financial expense that the family or care-givers will need to provide for the patient due to the error, which many times will not be covered by standard health insurance.

Most people may think that medical malpractice lawsuits are made because of mistakes by surgeons. While it is true that surgeons have made some terrible mistakes, the majority of lawsuits filed actually stems from mistakes from wrong or delayed diagnosis, which can reflect poorly on various departments within the hospital, such as the readings of a radiologist or the attending nurse or others. When the doctor or surgeon is given wrong information, mistakes can and will happen, sometimes with disastrous results.

At the top of the list are colon caner, lung cancer, breast cancer rectal cancer and other various forms of cancer as well as heart attacks. A misdiagnosis in any of these diseases can be life threatening and very dangerous, and often results in very unfortunate circumstances.

A recent study released by the National Academy of Sciences Institute of Medicine says that up to 98,000 people are killed yearly due to medical errors in hospitals. The number of inflicted injuries and long-term unfortunate and unnecessary pain is much higher. There are also an increasing number of cases of negligence in nursing homes.

Yet some studies have shown that only a small number of people (between 2% - 5%) that have experienced wrongful injuries file medical malpractice lawsuits. The common misperception that many people have is that the doctor is human and therefore allowed to make mistakes. While that is true to an extent, it is the job of the medical malpractice lawsuit to determine why the error occurred and could it have been prevented, since when human life is involved, the allowance for errors is much less tolerant. It certainly has a much greater impact than making an error when balancing your checkbook.

Sometimes patients may go for a settlement instead of a medical malpractice lawsuit. When it is obvious that a doctor or any other medical staff has made a mistake that could have been avoided, you want to talk to a professional lawyer who is experienced in medical malpractice lawsuits. It is only fair for the injured person that has now needlessly to suffer to get some financial help.

Pain and suffering damages make up about 50% of all the money that is awarded in medical malpractice lawsuits.

If you think your family has been a victim of medical errors, misdiagnosis or surgical errors you want to seek some help and financial relief for physical and emotional damages that cannot be undone. A lawyer who is experienced in the area of medical malpractice should be able to tell you about your chances of winning the lawsuit based on the circumstances, and also based on the malpractice laws in your state.

To get more insights and more information about Medical Malpractice please visit our web site at http://www.malpracticeinfonow.com

The High Cost of Defensive Medicine

As the debate continues about health care reform one of the topics that is discussed is "tort reform." Republicans argue for it and even the President, in a recent address, suggested that aspects of tort reform were "one the table" in order to fight the "high cost of medicine." Proponents of tort reform argue for a limited right to sue a wrongdoer, either by imposing additional procedural roadblocks (expert certification before suit, for example) or by creating artificial limits to monetary recovery.

According to the argument in favor of imposing additional limits on patient's rights, doctors routinely order extra, non-necessary tests, not because it is reasonable to do so but to prevent the health care provider from being sued later for "not performing every test." There is a huge "hidden cost," the argument goes, to all of these extra tests being ordered (and paid for by someone, usually an insurance company.) "We could lower the cost of medicine," tort reform proponents argue, if doctors weren't so afraid and thus, didn't have to order all of these unnecessary tests.

It is an almost perfect argument because it is so hard to come up with facts to argue against it. It sounds bad. It almost sounds logical. But, in fact, whenever you hear the argument made it is always in this form: "the estimated cost of defensive medicine is...."

I suggest that when someone makes an argument that tort reform is necessary to prevent the "huge expense" of so-called defensive medicine" that we look at the issue objectively. Because the practice of defensive medicine is contrary to existing, well-established practice and law, the burden should be on the proponents of the existence of "defensive medicine" to prove that it even exists. If it does exist, the burden should be on the proponent that argument to prove it exists.

It is easy to throw out huge numbers, use "junk" in front of "lawsuit" every time you mention malpractice and demonize patients and their lawyers. Let's ask for the facts.

First, tort law does not require perfection. The law of medical malpractice only requires that a doctor practice in accord with the "standard of care." The "standard of care" is simply that care that would be required by a "reasonably prudent physician acting in the same or similar circumstances." It is that care that a consensus of "reasonably prudent doctors" would have engaged in with the information they had at the time the decision for care occurred. When a doctor does or fails to do something required by the standard of care, then he or she is negligent. If harm results from that negligence, then he or she is responsible to the patient for that harm.

Doctors and patients act as a team. The doctor does an assessment of the situation, takes into account the information reasonably available at the time, and recommends a treatment. The standard of care requires that a doctor explain to the patient both the risks and the benefits of the proposed course of treatment. Ultimately, it is the patient, being fully advised, who makes the decision as to the course of treatment.

So-called "defensive medicine" should be defined as a test that is ordered that has no reasonable basis for giving the physician-patient team information that would be useful to the decision making process of the patient-doctor team. The fact that a test is run but turns up a negative result (i.e. disclosed no new problem is disclosed) does not mean the test was not a reasonable course of action at the time. Thus, the fact that a test turns up a "negative" result does not mean the test was an act of "defensive medicine." In order to believe that there is a true, measureable, cost of so-called defensive medicine, one would first have to ask: how do we know it is actually happening? Those that are "reporting" that they engage in "defensive medicine" are the doctors who have a vested interest in the argument or their medical associations or lobbyists. They "report" practicing defensive medicine but how should a rational person actually measure this or test the assertion?

Think about it. Anyone who says he or she routinely engages in defensive medicine is admitting that they practice outside the standard of care. They admit that they routinely engage in conduct that is, by definition in every state, medical malpractice. Indeed, they are admitting that in their discussion with the patient about the next step to take in their health care, they are lying when they disclose the risks and benefits of the proposed treatment.

Second, any doctor who admits they engage in "defensive medicine" is admitting they are engaging in insurance fraud. Yes, that's right, insurance fraud. A health insurance company is generally bound by contract to pay only those claims that are reasonable and necessary to treat illness or injury. The practice of "defensive medicine" is, by definition, an admission that two people are being lied to and victimized by fraud: the patient and the insurance company. (Either that or the patient and doctor are conspiring to defraud the insurance company.)

The only objective, rational way to know whether "defensive medicine" is being practiced is to look at a patient's actual medical records and have that care reviewed by other "reasonably prudent physicians." This is never done. A doctor who says "I practice defensive medicine (i.e. I lie to the patients and defraud the insurance company) never says "and here are my records to prove it." How could they? They would go to jail.

The next time you hear a doctor asserting that he or she engages in the fraudulent, improper practice of "defensive medicine" ask him or her if they will produce the actual medical records (patient identifiers removed) to prove the claim. Have them tell us that they had a face to face conversation with the patient (as is required under the standard of care) and told the patient "the test I want to order has no reasonable value to the decision-making process in your care."

It doesn't happen.

I suggest that in truth, there is very, very little so-called "defensive medicine" actually practiced in the United States. When sent off for testing a patient should always ask and demand an answer for this question: "doctor, what is the scientific and medical basis for this test? What are the odds that something important will be missed if I don't have this test?"

Ben Glass is a personal injury attorney in Fairfax, Virginia. He has been representing individuals against the insurance companies since 1983. He has authored numerous consumer publications, including The Truth About Lawyer Advertising and The Ultimate Guide to Personal Injury Claims in Virgina. He is a frequent lecturer to the legal community. Visit his web site at http://www.BenGlassLaw.com

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Medical Malpractice - Failure To Diagnose Ectopic Pregnancy

An ectopic pregnancy is potentially life threatening.

By definition, an ectopic pregnancy is one that is outside of the uterus. Why is it life threatening? In order to answer the question, it is important to learn where a normal pregnancy is supposed to be.

When fertilization occurs, the fertilized egg makes its' way to the uterus where it embeds itself for the next nine months. The uterus will provide shelter, food and nutrients. In some cases, the fertilized egg does not make its' way into the uterus, and instead winds up lodged within the fallopian tube. When that happens the egg will embed itself in the tissues of the fallopian tube and start to grow.

Well, when that egg starts to grow in a tiny narrow tube that is not meant to accommodate a growing baby, the potential for disaster and life threatening illness arises. Often, a woman will experience bleeding, back pain, flank pain, and continued elevated blood serum pregnancy levels (known as Beta Hcg levels). Rising levels generally indicate the pregnancy is ongoing and continuing.

When an ectopic pregnancy is suspected, the physician will generally want to examine the patient every other day, and also obtain "serial Hcg" levels in order to evaluate whether the pregnancy hormone levels are increasing, decreasing or staying level. This will assist the physician in determining whether the pregnancy is active. A sonogram after about the 7th week of gestation can usually determine if the pregnancy is within the uterus. If the pregnancy hormone levels are increasing, and the pregnancy is not within the uterus, and the patient is experiencing symptoms, a higher level of suspicion must be entertained that the patient is suffering from an ectopic pregnancy.

The key question is when does the surgeon intervene before the fallopian tube ruptures? A ruptured ectopic can cause catastrophic internal bleeding causing death within minutes. When to operate? If an operation is performed early, can the fallopian tube be saved? Can the ectopic pregnancy be excised from the tube and the tube put back together? Or will the entire tube have to be removed? If the pregnancy is only removed, and the tube is reconstructed, will your fertility chances diminish? If your fallopian tube is removed, will your fertility be affected?

All of these questions are valid and require an expert gynecologist to fully answer them.

Often times, in failure to diagnose ectopic pregnancy cases in New York, the patient will have symptoms that should suggest to the doctor the likelihood of an ectopic pregnancy. It is important for your medical malpractice attorney to look carefully at the medical records to determine what complaints, if any, you made to your doctor or hospital emergency room, and whether those complaints were recognized or ignored. Did the doctor recognize the possibility that you might have an ectopic? Or was it not on the radar screen? These are important factors to look at when evaluating a potential case.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

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Senator Mitch McConnell on medical malpractice reform

Senator Mitch McConnell on medical malpractice reform



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15 Key Deposition Techniques in a Medical Malpractice Case

QUESTIONS TO ASK THE DEFENDANT DOCTOR

WARNING:
Preparation is the entire key to a doctor's deposition. You must spend countless hours reviewing the entire file, reviewing all the medical records, notes and entries in the chart. You must know and review your theory of liability, causation and damages before you begin to review the file. You must keep track of anything in the chart that will help you in your quest to prove each element of liability, causation and damages.

1. Most lawyers ask the same boring questions at the beginning of every deposition:

a. State your name and address
b. State your qualifications, pedigree, schooling, etc.

Comment: OK, this is fine, but very boring and very expected by defense counsel and the doctor. Mix it up a bit. I advocate never starting a doctor's deposition this way. Why not go right to the heart of the case with the very first question? You can always get the doctor's credentials later or at the end. Besides, the credentials are usually found online or in a curriculum vitae, and don't help except to establish where he went to school and whether he's board certified in any specialty. On more than one occasion the doctor has been disoriented by this approach. They are usually prepared for questions in a lock-step manner and do not expect something so unusual, but legally permissible set of questions right off the bat.

2. Go ahead- ask why they operated on the wrong side of the brain as your first question. "Objection, no foundation," says the defense attorney. "So where does it say in the CPLR I need to lay a foundation question?" Despite this exchange of 'ideas', if you get such an objection, then simply ask:

a. "Didn't you operate on my client on this date?"
b. "Isn't it true you operated on the wrong leg?"
c. "Why?"

3. I always advocate asking the 'why' question at deposition. It is much better to know the reasons why a doctor did or didn't so something now, rather than save the question for trial. At trial, the reason may be devastating to our case, and if so, I want to know about it now. Besides, when you question a doctor at trial, as an adverse witness, you never want to ask a question in which you don't know the answer. If you do, you subject yourself, your client and your case to inherent risks that could jeopardize the case.

4. Make the doctor read his notes into the record. This is important for anyone who is trying to decipher the doctor's handwriting later on. Your expert will definitely need to know whether the scribble is important, and the only way to do that is if the doctor explains, on the record, what his scribble means.

5. Be polite. At all times. You can't imagine how many lawyers don't listen to this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and really annoy everybody in the room. The doctor's attitude in responding changes as well. No longer is the doctor as verbose. No longer does the doctor look like the perpetrator. Rather, he might begin to look like a victim if attacks against him and his credibility are kept up.

6. You can still make all your points without being hostile, angry, yelling or screaming. The old saying 'you get more with honey than with vinegar' speaks volumes. Naturally, you're not going to bend over and sweet talk your way to getting the doctor's admissions about how he screwed up. But, the key is being professional and knowledgeable. You gain more respect from your adversary- (don't worry about respect or lack of it from the doctor) by being respectful than you do if you are antagonistic.

7. There are times when you want to rile the physician. You want to know if you can push his buttons. You want to know how easily it is to rankle his composure. If it's easy to do at deposition, your trial strategy toward this witness just got that much easier.

8. Find out about conversations the doctor had with the patient, family members and other doctors. Remember, conversations are rarely recorded in a hospital record. Make sure you ask the doctor to confirm or deny comments that your client has testified about. Most often, the doctor will claim they no longer recall the conversation. But, if your client does, it's much more possible that the conversation occurred. If the doctor denies making certain comments, then you know you have different facts about the same conversation, and a jury will have to ultimately decide who is telling the truth.

9. Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked.

a. Ask whether their hospital privileges have ever been suspended or provoked.

b. Always ask whether the doctor has given testimony before.

i. Ask whether it was an an expert for plaintiff or defendant
ii. Ask whether they were a treating physician
iii. Ask what type of case it was, and the name of the case
iv. Ask whether they were paid for their time in Court to testify in that matter

10. In New York, in a medical malpractice deposition, you must ask opinion questions. The doctor- as a defendant is required to answer 'expert' questions and give answers about his medical opinions.

a. Do you have an opinion, with a reasonable degree of medical probability whether the treatment rendered to Mrs. X was appropriate and within the standard of care?

b. If you have an opinion, what is that opinion?

c. Confront the doctor with other opinions in the medical community that disagree with his school of thought and ask what he thinks of those opinions.

d. Ask the doctor to admit to certain facts- Here's an example:

i. Isn't it true the patient got Ex-lax at 10 p.m.?

ii. Isn't it true that patients with colon tumors shouldn't get ex-lax?

iii. Are there any circumstances when you would prescribe this medication for a patient who had this tumor?

iv. Would you agree that if the patient got ex-lax at 10 pm that would be a departure from good care?

v. Would you agree that the only reason the patient suffered injury was because she got ex-lax at 10 pm?

vi. Would you agree that had she not gotten the ex-lax at 10 pm, she wouldn't have suffered the bowel perforation?

11. Make sure you rule out other potential causes of injury besides the malpractice that you are claiming occurred here. The reason you do this is to learn the potential defense to your case. The defense will always come up with some explanation as to why your argument is not valid. Better you should learn it during the deposition than to head to trial without knowing what their defense will be.

12. Ask many open ended questions. Ask who/ what/ where/ when/ why/ how. By doing this, you will get the doctor to talk and explain. If the doctor's is going on and on without directly answering the question- and his attorney is letting him- that's ok. Let him keep talking; you might actually get some useful information. When he stops talking simply say "Maybe my question wasn't clear doctor. What I was looking for was....can you answer that question?" Always take the blame if the doctor says the question is not clear. Don't respond to him by asking "What didn't you understand about my English language question?"

13. Ask about medical definitions.

a. What is an endocervical curettage?
b. What is a myocardial infarction?
c. What is hypoxia?
d. Ask whether these definitions are commonly accepted within the medical community, or whether there are other schools of accepted definitions.

14. Ask whether they've reviewed any medical literature or textbooks prior to coming to the deposition.

a. Did you bring any with you?
b. Which ones did you review?
c. What did you learn from the article? Did it support your position here, or was it contrary to your position?

15. Finally, but not last, ask about credentials, schooling, licensing, board certification- but you should already have this information before your deposition when you research the defendant doctor. I always advocate doing a Google search on the physician to see if they've authored anything or if there's anything out there online that's worthwhile knowing. I recently learned from an online search where the defendant doctor was fired from his residency and sued the chairman of his department. Needless to say, this information proved very useful at deposition.

___________________________

There have been many books written about how to conduct depositions. The most important factor about taking a doctor's deposition has, in my opinion, been the experience of the attorney doing the questioning. Anyone can read from a list of prepared questions. It takes an experienced attorney to listen to the answers and know where you want to go and then develop a strategy on how to get there while protecting your client's rights to the best of your ability.

For more information, please feel free to call me, 516-487-8207

Gerry Oginski

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice & accident law.

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Medical Malpractice - Your Child's Been Diagnosed With Brain Damage and Cerebral Palsy

You're in labor. Your due date is tomorrow. Your contractions are not that strong and you feel the baby moving. The doctor gives you medicine to increase your contractions, usually known as pitocin. The contractions help ripen the cervix, and also places stress on the baby to 'prepare' the baby for birth. Assuming no complications, the medicine to increase your contractions will be increased over time.

A problem can when a doctor or nurse fails to recognize that your baby is in distress and not responding well to the normal stresses that a baby experiences during labor. Maybe a fetal heart monitor isn't being watched carefully. Maybe there were other deliveries going on at the same time that required your doctor's attention.

In some cases a baby's heartrate may change dramatically and drop to dangerously low levels for an extended period of time. This is known as 'bradycardia'. In other cases a baby's heartrate might race for a period of time. This is known as 'tachycardia'. In either case, the conditions require intervention if they continue for a period of time. Failure to intervene can have devastating consequences for the baby.

A baby whose heartrate is very low for a long period of time may develop 'hypoxia', a lack of oxygen to the baby's brain and other vital organs. Other times, there may be a complete blockage of blood flow causing anoxia, or an absence of oxygen.

Oxygen is crucial for life. Diminished oxygen or lack of oxygen starves the baby's brain and vital organs. Baby's that have experienced decreased oxygen during the birth process tend to have significant developmental delays as well as other significant medical problems.

A parent will learn of a baby's brain injury after birth, either in the newborn nursery or in the early years during a visit to the pediatrician. "Your baby isn't progressing as they should." "The seizures your baby is having are not going away." "Your baby isn't talking or walking yet, and they should have been walking two years ago." "Your baby can't grasp items and doesn't track sound or hear well." "Your child has cerebral palsy, and will need long-term care."

These comments are sure to trigger questions of "Why not?" and "How did this happen?"

Questions to think about include:

Can my child hold her head up? Can she hear me? See me? Does she grasp? Can she eat on her own? Can she dress herself? Does she have seizure-like movements? Does she have unusual facial features? Is the size of her head unusually large or small? Can she crawl? Can she walk? Can she talk? Does she take to the bottle or breast? When you speak to her does she look toward you? Can she write? Can she use a utensil?

Learning the answers to these questions may not be easy. If you believe your baby's development is significantly delayed or that your baby suffered brain damage as a result of the birth, you should speak to an experienced New York medical malpractice lawyer immediately.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

Five Reasons Why Your Malpractice Case Won't Be Accepted By A New York Malpractice Lawyer

1. We can't prove the doctor did something wrong.

What do I mean? In order to prove a malpractice case in New York, your lawyer must prove that your doctor or hospital departed from good medical care. Well, how do you prove that? By having a medical expert review your records and determine that there were departures from good care.

2. We can't prove that the wrongdoing caused injury.

In New York, we must show not only that there was wrongdoing (departures from good care) but also that the wrongdoing caused injury. Again, this must be proven by a medical expert who has reviewed all of your medical records. If this element is missing, we cannot successfully prove your case.

3. We can't prove that you suffered significant and permanent injury as a result of wrongdoing by a doctor or hospital.

What constitutes significant and permanent injury? An injury that disables you from doing your daily activities. Something that is permanent and is expected to last for a long time, like a scar. A fracture is considered significant. There are many other significant injuries and obviously injuries affect different people different ways. Your lawyer needs to see how your injuries have affected you and what the future holds for you.

4. You have lied about important facts in your case or your past.

If you lie to your attorney, and he finds out about it, in all likelihood, he will not accept your case. Honesty is the utmost of importance. If you feel you have certain information you don't want to disclose to him that's one thing. But to actively lie about past lawsuits or events that happened is a big no-no. Your attorney is obligated to keep your information confidential. Hold him to that obligation.

5. You insist on running the show and tying the attorneys hands by insisting what he can and cannot do.

This is the 'kiss of death' for a case. Where the client believes they know more than the attorney and knows best how to develop strategy in their case. In a lawsuit, your attorney is your legal advisor. He provides you with the best legal options available to you, and together you should be able to make the best choices for your case.

There are instances where the client will demand that the attorney do things that either are not proper, or unfounded, that if done would ruin your case. Remember, you must have faith and trust in your attorney. If not, then you might want to look for another lawyer to represent you.

These are five of the main reasons why your malpractice case will be rejected by a New York Medical Malpractice Attorney.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

The Unstable Medical Malpractice Insurance Rates

One would be hard pressed to impart actual figures relating to the medical malpractice insurance rates since there is a host of variables which apparently influence the cost of such insurance. It is adequate to say that the outlay has exceeded any expectations from the medical profession. Unfortunately, there appears to be no leveling out of these rates at this time.

The common medical practitioner who is initially purchasing their malpractice insurance is questionably shocked to discover their premiums recurrently rising. This increase in rates is not restricted to any one medical discipline but rather it is a reflection upon the medical industry as a whole. Between the bizarre jury monetary awards and the intensified legal defense costs the medical malpractice insurance market has been forced to repeatedly adjust the medical rates accordingly.

It has been many years now since the physicians have experienced a stable rate in their malpractice insurance and it is likely that they will not see this desperately needed leveling within the near future. Concern has been naturally expressed regarding the incorrigible adverse patient outcomes which symbolize the underlying factor for determining the physicians expected rates. The likelihood is eminent that such adverse reactions to these medical outcomes will ultimately result in legal actions is the major cause of these increased rates.

When a claim is initially submitted there are numerous cost influences which have a propensity to shape the final outcome. These factors stretch from the nature of the grievance, the complete extent from which the provided caretaker is able to be legally defended as well as the compliance of the doctor himself to participate in his own defense. In our society today the irregularity of jury awarded claims has driven settlement costs sky-high and the attitude towards the doctor's proficiency fosters a legal environment where the liability insurance companies and the policyholder's would prefer to merely settle the cases out of court. 

Additional factors which contribute to these unrealistic rates can embrace the amount of insurance coverage held, the exact number of physicians concerned in the claim and the individual hospitals limits of required coverage. 

These combinations of factors have contributed to an 88 percent increase in rates between 1994 and the year 2000. The medical defense costs persist in reaching higher amounts as the attorney fees escalate, expert witness fees become elevated and the general cost of court reports, travel expenses and other related costs rise. Once again a rise is continuously shown from 1994 to 2000 by as much as 39 percent for defense of a claim. 

In conclusion, it comes as no surprise that the increase in malpractice insurance rates is a direct result of the escalating costs necessary to resolve and defend against excessive claim amounts. You can readily see that given the particular insurance industry facts it is virtually impossible to predict any sort of future malpractice insurance rate variance. If our current medical jury awards continue as they have been shown we can expect drastic increases in the future as well. 

To learn much more about malpractice insurance, visit malpractice-history.com where you'll find this and much more, including malpractice statistics and advice.

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Basics Of Medical Malpractice Lawsuit

Did you know that medical malpractice lawsuits are quite different in practically all respects from other lawsuits? If you did not know this, read on the article to get details about these lawsuits.

Medical malpractice refers to the failure of a healthcare provider to provide accepted standards of service. If the healthcare provider deviates in any respect from the norms of treating a patient, it is termed as medical malpractice. This failure or deviation is very dangerous for a patient as it can cause injury to him, or in extreme cases lead to the patient's death. This means that medical practice is nothing but professional negligence on the part of the healthcare provider.

Just like in other lawsuits, even in medical malpractice lawsuits there is a plaintiff and defendant. The plaintiff will be the patient, while the defendant is the healthcare provider, who can be a doctor, physician, therapist or dentist. In case the malpractice led to the patient's demise, the plaintiff's role is assumed by an individual who is the administrator or executor of the deceased patient's estate.

Even a hospital, clinic or medical center can be sued for medical malpractice. Depending on the gravity of the case, managed care organizations or medical corporations can be defendants too. Even nurses can be liable as previous cases have shown us that non-physicians cannot be protected for just following orders.

A medical malpractice lawsuit should prove that the medical treatment or care that was supposed to be given or undertaken by the healthcare provider was not done so. In addition, it must also be proven that the healthcare provider failed to perform his or her duties according to the prescribed standards. The case should further prove that the duties performed by the healthcare provider were breached. All this can be done by sworn testimony or proved results of obvious errors.

Medical malpractice cases are similar to tort cases. The plaintiff's attorney first files the lawsuit. The time between the filing and the trial is then used for sharing information between the concerned parties. This period involves depositions, interrogations and requests for documents. If the two parties cannot come to a mutual understanding, the case then proceeds for trial.

In the trial, it is important to have expert witnesses who should have enough training, education and knowledge about the specific medical issue. It is only then they can qualify as experts witnesses. If the plaintiff wins the case, he can be awarded punitive as well as compensatory damages.

About Author: Pauline Go is an online leading expert in medical industry. She also offers top quality finance tips like:

Spot Fake Doctor Note, Find Medical Malpractice Lawyer, Find a Dentist

Ideal Characteristics of a Malpractice Attorney

Medical malpractice is a situation in which an individual claims that while they were under the care of a professional in a health-related field, they received improper care. Normally, this care resulted in further injury or, in many situations, death. It is an accusation that a professional was negligent in one form or another. If you are in a situation where you feel the need to file a medical malpractice claim, it is imperative to obtain an effective medical malpractice attorney to handle your case. In this article, you will learn some of the top characteristics of the best medical malpractice attorneys in the country.

The point of this article is to help you to the next level and show you what this amazing subject has to offer.

Older to engaging in a medical malpractice claim against a medical professional, there are just a few equipment that must be created. The first thing is that the professional took responsibility for your care. The back thing that you must create is that the professional botched to give care for you in a style that is consistent with model procedures that suitable your medical wishes.

Once you have created the above mentioned information, it is necessary to give testimony that the professionals need of care findings in an injury, or further dent. It is important to guarantee that you have testimony of the injury that you are claiming to have sustained as findings of the negligence of the medical professional. If you are able to verify all of these components to the case, then you may wait your explore for a medical malpractice attorney.

The first characteristic that you should guarantee that a medical malpractice attorney has is a general schooling background in medical malpractice. It is also important that you call as if to whether the medical malpractice attorney has ever had experience in industry with the style of case that you are claiming. The matchless combination of schooling and experience should verify to be the top determining reason when selecting a medical malpractice attorney to handle your case.

We have just reached the tip of the iceberg, as the remainder of this article will help to further your understanding of this complex subject.

The back characteristic that the medical malpractice attorney must have is a model pay ascend. The attorney must be very comfortable when explaining their toll for the tune that they will give to you. Many medical malpractice attorneys have been known to say equipment like if you don't get salaried, I don't get salaried, or we will anxiety about that only if we fail and we WON'T fail. You should be very wary with individuals that specific this about the fees about their tune.

The medical malpractice lawyer should have a created pay ascend, and be prepared to argue their fees openly and honestly with you. If they are not prepared to do this, or keep putting you off, it would possibly be in your best profit to resume your explore of an appropriate attorney. Odds are, you will end up with further complications if you wait with a drifty medical malpractice attorney.

Like something besides in think to fees, make surely you get it in prose! That way there can be no misunderstanding when it comes time to pay the malpractice attorney fees.

When exploring for a medical malpractice attorney, it is critical that you make surely that you are at easiness with the individual. You want superstar that you can clearly divulge in, and that will empathizes with the experience that you have endured. You will also want superstar who can communicate effectively with you when you collect with them. Good communication skills are critical when it comes to effective a pilot.

You may want to call information on the trail chronicle of the medical malpractice attorney that you are considering. It is imperative to know and understand what style of gear the attorney has handled in the older, their victory measure, and even the circumstances surrounding their losses. You should openly argue any concerns that you have with that individual to welcome clarification on the issues.

As you can see, choosing a medical malpractice attorney can verify to be challenging. However, if you apply the steps that are outlined here, you are surely to find a devoted professional who will work to guarantee that you welcome the compensation that you deserve.

In closing, it will benefit you to seek out other resources on this topic if you feel that you don't yet have a firm understanding of the subject matter.

Dave Snafu writes for [http://www.med4attorney.com] where you can find out more about medical malpractice attorney and other topics [http://www.med4attorney.com].

When Do You Need A Dental Malpractice Lawyer

Virtually everyone has heard of medical malpractice, but not many people are aware that dental malpractice can also occur and can be just as serious. Dentists can get malpractice insurance just as doctors can, although they can usually only get it through insurers who also write medical malpractice policies. Almost all dentists carry this insurance, and if you are a dentist's patient and think that the dentist may have committed dental malpractice on you, you may be wise to seek the advice of a dental malpractice lawyer.

In general, dental malpractice claims have remained fairly steady over about the last decade, as have their outcomes. Claims for malpractice are usually smaller than those that occur in the medical community. When they occur, they occur because improper treatment or services have been rendered, or the dentist has failed to properly detect or diagnose conditions. Injuries in dental malpractice can include injuries to the lips, jaw, tongue, damage to the nerves affecting these areas, failure to detect oral cancer or other oral disease, injuries related to dental surgery and treatment, and even death or injury related to anesthetic use.

A patient has a right to expect professional and accurate diagnosis and treatment when they visit a medical professional, either a doctor or a dentist. If the dentist does not meet that responsibility, there may be grounds for a dental malpractice lawsuit. Not every little thing that a dentist does wrong may warrant a lawsuit, but if the injury is severe or permanent, you may wish to consider a dental malpractice lawyer to review it, who can advise you as to whether you have grounds to pursue it further or not.

Most seriously, a dental malpractice case can result from a patient's death as a result of dental procedure complications. For example, anesthesia may be improperly administered, or an infection can take hold because it was not properly treated.

Still another instance of possible dental malpractice can occur when improperly done oral surgery leads to possible permanent damage of facial or tongue nerves, or of damage to the tongue itself. Some outcomes of this possible trauma could be a loss of sensation or taste, as well as difficulty talking, swallowing, or eating.

A simple dental extraction can also be a problem and possible case for dental malpractice when the dentist removes the wrong tooth, for example a healthy tooth instead of the decayed one. This can lead to other problems and complications as well. Dental malpractice also occurs when the dentist fails to diagnose and treat periodontal disease or oral cancer. You may also have a case if the dentist performs a procedure on you for which you did not authorize or consent to.

In some cases, improper orthodontic procedures are done on adults or children, and this, too, can be defined as malpractice. Orthodontists are required to present alternatives to patients, and in some cases, can improperly remove teeth instead of presenting other less radical options to aid in teeth straightening. When orthodontics are improperly done, this can also lead to TMJ syndrome or headaches that will not go away.

Don't be afraid to contact a dental malpractice lawyer if you see any of these things applying to you. You can discuss your case with a qualified attorney and they can use their experience to advise you whether or not you have a valid case that you should pursue.

For more information and additional insights about Dental Malpractice Lawyers please visit our web site at http://www.malpracticeinfonow.com

Medical Malpractice - Are You a Victim?

Doctor's are meant to fix things, so when you go to a doctor's office you expect the best care and treatment. In many cases you will get just that, but from time to time doctors make mistakes, just as any human is bound to do.

It's when these mistakes happen that your well-being or even your life might be put at stake.

Every year thousands of personal injuries occur because of medical malpractice, and many lawsuits are filed. There are even deaths that occur due to medical mistakes, but those cases are, thankfully, less common.

There are many different ways in which medical malpractice can occur. The most obvious mistake that doctors make is plain negligence. Whether a doctor leaves a sponge inside a patient during a surgery or gives a misdiagnosis, the doctor has not done his job to the best of his ability.

Other possible negligent acts include:

• Prescribing the wrong medicine


• Giving improper treatment


• Injury during birth


• Intentional harm to patient

If you or one of your friends or family members has suffered injuries, serious emotional distress or even death as a result of a medical mistake, you might be able to receive compensation to help you deal with your situation.

Personal injury attorneys [http://www.totalinjury.com] nationwide help victims of medical malpractice work through their cases and win settlements they deserve.

There are some healthcare laws in place to prevent frivolous lawsuits from being filed against doctors and hospitals, however legitimate cases are still regularly heard in court.

Don't be afraid to ask if your case is valid - typically personal injury attorneys don't charge anything unless a settlement is reached, so you can get legal advice before you pursue a case that might not be worthwhile.

Medical Malpractice

You may not even know that you are a victim of medical malpractice. Well, you can either spend your time figuring it out, or you get yourself a qualified malpractice lawyer who can help you figure things out and make sure that you are fairly compensated for it.

Most people who have been involved in medical malpractice usually do not even know that they were victims. They were under the impression that the surgery or the procedure could not have gone better. This could have been because their doctor may have withheld vital information from them leading to a case of medical malpractice.

First, you have to figure out whether you illness or injury was because of medical malpractice. Check with the doctor. Ask details about why a procedure was done on you. Why certain tests were done? What happened during the procedure? Did something go wrong? Take note of every single detail that the doctor tells you.

Now approach your medical malpractice lawyer and give him all the details. If you do not have a lawyer, check online. The internet is an excellent resource and you should be able to find a medical malpractice lawyer in your city.

If you are a victim of medical malpractice, you have to be compensated. Your lawyer will give you all the possible avenues which will help you determine whether you should go for an out of court settlement or see the case to the very end at court. Medical malpractice is a mistake and it is because a professional who you trusted did not do his work properly. There could be many reasons for the mistake but the bottom line is that you are one suffering on account of the mistake.

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Customer Testimonials

Client Testimonials: The Les Hall Story. Listen to Les Hall to talk about his experiences in a medical malpractice case. The law firm of Elk & Elk has been committed to seeking justice for injured people in Ohio for more than 45 years. We are working on a contingency fee basis, which means that there is no fee if we do not produce a recovery successful for you. Our office is in advance for expenses that most customers, which means you have no up-front out-of-pocket expenses for costly investigation...



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Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice Lawyer

1. Your injuries are not significant.

In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case. That is why most NY attorneys will usually take only significant cases.

2. You exaggerate and lie.

If you exaggerate on any aspect of your case, your lawyer may question your credibility. Your believability is the key to your case. If a jury finds that you have exaggerated your injuries or the facts, there's a very good chance they will turn you out of court without any compensation. If you lie, either to your lawyer, or to a jury at trial, your credibility is gone. Your lie, regardless of whether it is a 'little white lie' or a really big fib will likely destroy your entire case. If a jury sees that you have lied, you could possibly subject yourself to perjury charges and lose your case.

3. It's a judgment call by the attorney.

The attorney may be on the fence about your case. The expert may find there is liability that caused harm. However, there may be something else in your set of facts that cause concern for your lawyer. Your lawyer will make the ultimate decision whether to take on your case. Some lawyers make a gut-instinct call to either accept or reject a case after your initial meeting. If your case is rejected, your lawyer will give you your options and advise you to seek another legal opinion immediately in order to protect your legal rights.

4. You are demanding.

Have you ever walked into a store or a restaurant and heard a customer demand food, utensils, a service in a loud and obnoxious voice? Sure you have. We all have. How about the demanding customer who treats the store clerk or waitress like they are hired help with their sole purpose in life is to serve this one customer? How do you think the store clerk or waitress feels when a demanding customer comes in? Of course the 'customer is always right', but how much abuse can a person take before saying something?

There are potential clients like this too. When they come into a lawyer's office, do you think they get better service or worse service by being so demanding? "I want you working on my case exclusively...I only want you call me at the office, not home...Do not send me any emails...I want to make them pay...I will never settle this case..."

5. You insist you have a case and refuse to listen to the lawyer.

You go to a lawyer for legal advice. If you don't listen to the lawyer's advice, why go to a lawyer in the first place?

6. You think you know more about lawsuits and trials than your New York Medical Malpractice Trial lawyer.

Unless you've gone to law school and have practiced law for more than 20 years handling medical malpractice and personal injury law in New York, how could you possibly know more about these types of cases than the experienced lawyer you are consulting with?

7. You are a repeat litigator with multiple small lawsuits.

There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there's nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you $200 for a repair, your medical malpractice lawyer may sense trouble in the future from your legal history.

Conclusion:

Hopefully this will give you some insight into what an experienced New York medical malpractice & accident attorney looks for when you walk into his office.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

Kidney Disease Medical Malpractice Lawyer - Texas

Sears Crawford, LLP is a law firm to help victims of medical negligence obtain answers, dedicated to justice and compensation. We are consultants, the compassionate relationship with each of our customers believe that a sacred duty. We focus on medical malpractice cases where the use and misuse of medical technology and pharmaceuticals. We represent the victims of kidney disease who have suffered harm because of the dialysis treatment have suffered failure and dialysis equipment failure. We act on behalf of the families...



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2 Questions Every New York Malpractice Lawyer Needs To Ask

A potential client calls the office with a story that rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible, I tell them to stop and list to this two-part question:

"What do you think was done wrong, that caused you permanent harm?"

That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered. Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.

The two-part question mentioned above has contained within it three elements needed to prove a successful case. In every medical malpractice case in New York your lawyer must be able to prove that (1) there was wrongdoing, (2) the wrongdoing caused injury, and (3) the injury is significant and permanent. Lots of callers can talk at length about elements numbered one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury.

It is also important for any lawyer to speak to, to inform you that all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to successfully prove your case.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com . Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

Discover How Medical Malpractice Law Protects You

Health care providers of all sorts are supposed to do whatever they can to protect their patients during treatment and all aspects of health care. They have the responsibility to treat their patients with the best care they can and are licensed to give. Should a doctor not do what is expected of them and not give proper medical care, they can be held liable for any medical malpractice they may have caused.

It is the job of the government to help protect everyone from becoming involved in situations that present further harm. In just about every state in the US, there are major medical malpractice suits that are increasing every day. It is the job of the government to prove that all conditions have been and were met before any malpractice claim with the court.

There are many different ways that one can approach filing a medical malpractice suit. They are based in the issue at hand and filed with the most emergency situations first. In many states you have to simply have an understanding of the enacted laws, but there are states that just require a person to have a knowledge of the law regarding medical malpractice laws in order to be able to file a claim. There are some states that have a special panel that looks over the cases that are filed. They are going to be limiting the amount of damages that a person filing a claim can receive.

Medical malpractice claims can be filed in the event of a incorrect diagnoses, failing to provide the correct treatment for a disease or for not treating a condition in a timely manner where that failure results in the patient becoming sicker or even death. There are more things that one can file a medical malpractice claim on, just make sure that you know all the rules and stipulations that need to be followed. You are going to have to be able to prove that they health care provider or the physician failed to provide the correct treatment and care, that resulted in some kind of injury. You are also going to have to present actual proof if to prove the damages were either physical or emotional.
The courts do not view frivolous suits favorably. If the hospital charged you $75 for a Band-Aid during your stay, while that is ridiculous, it is not medical malpractice. Billing errors are also not considered malpractice.

Hiring an attorney to help you with filing your claim is the best way to go. They are going to be able to tell you if you have a case that will hold up in court or not. They are going to be using the help of an expert witness to prove your case. Expert witnesses are going to have to be reliable and prove your case. They must have a certain amount of experience and knowledge in order to be able to prove your case. But an experienced malpractice lawyer knows where to get these kinds of resources quickly if they need to.

Every state has their own set of limits when it comes to medical malpractice. It is of extreme importance that you become familiar with all the laws and procedures that are required in order to file a medical malpractice claim. It may be in your best interests that you check on every physician and their background before allowing them to give you any kind of treatment. Medical malpractice claims are something that have to limited and monitored for the costs of health care to be able to be affordable. With the help of an attorney, you should be able to get the justice that you and your family rightfully deserves.

Have you or a loved one been a victim of medical malpractice? For more insights and additional information on your rights if you are a victim of Medical Malpractice as well as finding a wealth of resources to help you with a possible lawsuit, please visit our web site at http://www.malpracticeinfonow.com

Woodstown Lawyer Martin T. McDonough, MD, JD

treated by Martin T. McDonough, MD, JD in Woodstown, NJ, mostly medical malpractice cases. If you or a loved one suffering from an injury from medical malpractice, his experience as a doctor can help to cause the best approach. Call his office for a consultation. Visit us www.yellowpages.com ... New Jersey Woodstown yellowpages Martin McDonough Law Firm litigation attorney lawyer medical malpractice personal injury accident settlement claim the law firm of Dr. T. JD...



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How to Increase the Value of Your Medical Malpractice Case Using a Day in the Life Video

A day in the life of video documents for the jury the physical, emotional, social and economic challenges that a seriously injured person, resulting from a medical malpractice or serious personal injury case, experiences in their day to day life. It has been said that if a picture is worth a thousand words then a video tape is worth a million.

A video that shows the jury what a typical day is like for the injured party is a very powerful tool to help the jury better understand the challenges that the severely injured party faces on a daily basis. Often times a seriously injured person may make a poor witness on their own behalf in properly explaining to the jury all of the problems which they face. This is sometimes the case with family members or a care giver who does not want to sound self serving or run the risk of seeming to exaggerate the situation.

A properly produced day in the life video might show the problems which the Plaintiff experiences in every aspect of their daily life. These videos might also include interviews with the Plaintiff, the Plaintiff's family members, the Plaintiff's care giver and with the Plaintiff's physicians. The presentation might also show selected medical records and actuarial tables setting forth life expectancies.

These productions are especially suitable for the following types of cases:

- Stroke victims;
- Amputations;
- Paraplegia;
- Quadriplegia;
- Birth injuries;
- Brain injuries;
- Spinal cord injuries;
- Burn victims;
- Blindness;
- Medical malpractice cases
- Special injuries
- Serious injuries
- Physical handicaps

It is important that the Plaintiff, the Plaintiff's lawyer and the Plaintiff's family are all actively involved in the preparation of the video so that the video producer fully understands the nature and extent of what needs to be depicted on the video.

Your attorney and the video producer should be able to set forth all of the needed footage in approximately 15 to 20 minutes as there is the real possibility that the jury will tend to lose interest after 30 minutes which might negatively affect its effectiveness.

A properly produced Day In The Life Video can give the jury a more complete understanding of the nature and extent of the Plaintiff's injuries and damages which can increase the likelihood of a settlement or result in a larger monetary award by the jury.

If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case"

Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.

California Medical Malpractice Attorney

California is one of the most popular travel vacation destinations in the world. Every year a large number of people visit this place. Medical malpractice is spreading pretty quickly in this state. We all need to fight against this social evil. Medical malpractice is the health care negligence of medical practitioner who violates the governing standards of a medical community while providing treatment to a patient that causes him some sort of personal injury.

If you are suffering from medical malpractice in California then the first thing you need to do is appoint an efficient lawyer. You cannot win a case until you appoint an efficient lawyer. A lawyer fights on your behalf to preserve your legal rights. Only a good lawyer could help you get your compensation. Now, given below are a few good malpractice law firms in California that you may appoint:

1. Steven J. Weinberg
It is one of the best law firms in the state of California. They are experienced enough to handle your malpractice case. They have over 30 years of experience in this field. They specialize in a number of cases such as: health negligence, birth trauma cases, and wrongful death cases. You can call them now!

2. Bostwick Peterson & Mitchell
This firm has a reputation of winning a large number of malpractice cases. They have a team of dedicated employees who are always ready to guide you in all types of legal issues. Some of the cases in which they specialize are: nursing home neglect, medical negligence, and personal injury and birth trauma cases. You could contact them for free consultation services.

3. DR. Bruce G. Fagel & Associates
They are one of the most experienced firms in California. This firm has been involved in over $ 1 Billion verdicts and agreements. This firm has been in the list of top 10 malpractice firms of the country. They work on contingency basis. So, you can visit there official website today for any kind of information.

These are some of the best malpractice law firms in California that you may appoint. These firms are proficient enough to get you your compensation.

Looking for Medical Malpractice Law? Find out more about California Malpractice Law

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Medical Malpractice - 3 Things You Must Do to Win a Medical Malpractice Lawsuit

What is medical malpractice? This is a term that is used to describe any incorrect action by a member of the medical profession. Generally speaking, it references the treatments or lack thereof, and/or any other alteration from what would be considered the normal, typical means of medical care, health care, or safety.

Medical malpractice lawsuits can be brought up against many different members of the health care field. These lawsuits can be brought up against health care providers which results in some sort of problem having impacted a patient. These lawsuits may be against doctors, nurses, dentists, hospitals, pharmacists, chiropractors, as well as many different people or organizations which are involved in the medical profession.

If you believe that you or a loved one has been the victim of medical malpractice, you or more likely, an attorney representing you, will need to present a case which convinces a court of the following three key points:

1. Action by a  Provider was to be performed:

Your side will need to be able the court that certain of treatment was to be performed on the patient.

2. Provider failed to perform that action:

Your team will need to convince the court that the health care provider was negligent in their actions in some manner and failed to perform the intended tasks or procedures in an acceptable manner. 

3. An injury resulted

As a direct result of the actions performed by a provider, you or your loved one suffered some sort of injury.

Click here for more medical malpractice information

http://nycmedicalmalpracticelawyer.com/

New York City medical abuse lawyer Robert Sullivan Trial Attorney in New York

www.cepac.com Attorney Robert Sullivan of Long Iceland is a leading lawyer in New York State. An expert New York medical malpractice lawyer. He has reached many settlements in New York City motor vehicle accident cases, NY law issues at work. He is a partner at Sullivan Papain Block McGrath & Cannavo PC, a leading New York plaintiff study found.



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What Exactly Does A Personal Injury and Medical Malpractice Lawyer Do?

He helps navigate the murky waters that can trap an unknowing victim into muck and mire.

When a person slips and falls, causing injury, your lawyer needs to find out why you slipped.

Was there a defect on the property that should have been corrected? Was it simply that you didn't see where you were walking? Was the staircase not up to code so as to make it dangerous? These are the questions your lawyer will need to examine.

Products causing injury

This is known as product liability. Let's say you opened a bottle of soda and the cap exploded off the bottle and into your eye causing permanent damage. Is the bottling company to blame? Possibly. How about a miter saw that is supposed to have a guard to protect your fingers as you slide the wood into the cutting blade? What about a car that permits you to move the gear into reverse without first putting your foot on the brake? (This is called a gear interlock to prevent kids from playing with the gear lever. It's happened where they slip the gears into reverse and the car starts to move causing injury).

Evaluation of a product that is commonly used or bought can be very technical. Many times we need to hire engineers to evaluate a product to see whether it was designed properly and was properly placed into the marketplace.

Medical Malpractice

Malpractice is a departure from good and accepted medical care causing injury. As with anyone, doctors are held accountable for their actions, as we all are. In order to confirm evidence of wrongdoing we need to have medical experts review your records before being able to start a lawsuit for your injuries. Most cases that I see in my office do not meet the strict criteria for being able to start a case. Of those we accept, some will go to trial and others will be settled before trial.

Malpractice cases are one of the most hotly contested areas of law today. The defense attorneys we often encounter are extremely well educated and trained at defending these lawsuits.

Car accidents

We all know what terrible reputations lawyers get from all those tacky advertisements showing damaged cars and clients in wheelchairs holding up poster-sized checks with lots of zeros after some number.

But the fact is that there are accidents and very serious injuries that result from these horrible events. Lives are shattered from a moment of carelessness. Just look around at how many people still talk on their cell phone while driving even though it's against the law!

Most people aren't interested in these informative newsletters because luckily, a tragedy hasn't befallen them. That's ok. We hope that it never does. The purpose of this newsletter is to give my readers an understanding of what we as lawyers do, and how we can help if the need ever arises. You'll find that I like to inform my readers about their options before they ever need a lawyer, and before they ever step foot into a lawyer's office. How many other lawyers do you know who do that?

In an accident case, I look to see how the accident happened. Where were you driving? What were the road conditions? Was your car in good mechanical condition? Was someone speeding? Did someone turn where they shouldn't have been turning? Was horseplay involved? (Think back to when a turkey was thrown from a moving car causing terrible damage to the woman driving behind them).

While going about our daily lives we shouldn't have to worry ourselves about getting injured. Common sense should dictate what good conduct is and what is not. Unfortunately, there are many people out there who are simply careless about how they do their daily activities. Haven't we all seen people reading the newspaper while stuck in traffic- and they're driving! How about applying makeup on the way to work, and driving at the same time?

Imagine this scenario...

A woman is late for work.

She's in her car and traffic is crawling. She's putting on lipstick and looking in the rearview mirror to see if it's on correctly. At the same time her cell phone rings, and while answering it, she decides to light her cigarette. Unfortunately for her, the car lighter drops to her feet and now she's got her lipstick in one hand, the cell phone in the other, a cigarette dangling in her lips, and she's supposed to be paying attention to the road.

Can't you just hear the accident in your head, and visualize the crushing of metal, as her eyes are on the floor looking for the lighter? Believe me, there are plenty of cases like this one that have caused other people injury.

Imagine if people were never careless! There would be no accidents, no need for insurance, and there'd be no personal injury lawsuits. Unfortunately, we are not perfect and accidents do happen.

But how then do you determine whether the accident was something that couldn't be avoided or was the result of lack of attention? We must conduct a thorough and detailed investigation.

Remember, when an injured victim comes to us, they're telling us what happened to them from their point of view. We have to investigate and make sure that all other points of view (witnesses) can confirm what we've been told. When we do that, we build your case and can then support the facts that led to your injury.

Dog Bites

Did you know that certain types of dogs are more prone to bite someone than others? Let's look at the pit bull for example. Just because a pit bull bites someone, as opposed to a tiny Chihuahua, does that mean the owner of the dog will be held responsible? The answer depends on many factors.

If the dog has never had any prior vicious tendencies and has never bitten anyone before, how then can his owner be responsible for this biting episode? One could argue that all pit bulls in general, are inherently violent. Not a bad argument to make, but not a totally accurate one either. What if you learned that before biting, the dog was tormented and teased repeatedly by a guest? Would that change things? Sure it would.

Injustice, humiliation and psychological injuries

We can all tell when an injustice happens-

Someone is pulled over because the color of his skin is different from those living in the neighborhood.

Someone is denied entry to a club because their religious beliefs are different than those who run the club.

Someone is denied service at a restaurant because of the way they dress or the accent of their voice. How about a woman who was denied a partnership because she was pregnant? What about the indignity of a high school football player who was sexually abused while away at football training camp with his high school team?

Despite all of our advances today, there is still bigotry, prejudice and hatred in this country. If you're a victim of injustice or humiliation what can you do about it? There are certain types of lawsuits that allow victims of injustice to seek justice. They're sometimes called discrimination lawsuits, or violation of civil rights lawsuits. The pain inflicted by injustice can be devastating and have long-term social and psychological effects.

Your lawyer will ask about your history, both medical and psychological. You will probably be asked to have specific psychological testing and counseling to confirm and identify some of the problems you are currently experiencing.

I know that some people believe that if an injury can't be seen that means it's less meaningful than a horrible disfiguring injury. That's not always true.

I'll bet there's something in everyone's childhood where they can remember a parent or an older child saying something bad about you. Looking back all those years, you still vividly remember the hurt you experienced that day. That's injustice. There's no 'physical' injury, but the emotional scar is ever-present.

So, "What does a lawyer do?"

A lawyer is someone to guide you; to help you through your trouble; to explain the law to you and how the law applies to your facts. A lawyer should be advising you of your legal options and what you can do to correct the injustices that have happened to you. That's what a good lawyer does.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com/