Basic Elements in Medical Negligence Claims

Medical negligence, in legal sense, is the act or failure to act in accordance with the accepted standards of the health care practice. In many occasions, these performances or omissions have been the cause of numerous accounts of personal injuries and deaths in the United States.

Due to these scenarios, the government has ratified the necessary laws to give the injured victims the right to recovery.

This article seeks to provide basic information about medical negligence and how can the injured victims pursue their legal actions with the help of credible and reliable medical negligence lawyers.

The Contending Parties

A medical negligence claim generally has two opposing parties: the plaintiff or the injured person and the defendant or the healthcare provider who allegedly failed to abide by the standards of his/her profession. In cases of wrongful deaths, the patients' survivors are given the right to file their suits of behalf of the deceased.

Although most people may assume that health care providers pertain to physicians, these professionals may also include nurses, dentists, laboratory technicians and therapists. In some occasions, the hospitals or clinics, where the malpractice happened, are also being charged for some kind of negligence.

Establishing the Elements of the Case

Normally, the plaintiffs in a medical negligence action have to establish the following elements of their cases in order to end up with favorable results and biggest recoveries:

• The healthcare provider owes a legal duty to provide care or treatment to the patient or plaintiffs

• The defendants have breached their duty of adhering to the appropriate standards of their professions

• The breach was indeed the proximate reason of the victims' injuries

• The plaintiffs have sustained have sustained injuries and damages or died due to the defendants' negligence (a claim does not exist without any damages to recover)

Possible Recoveries Available

In pursuing a claim with medical negligence lawyers, the plaintiffs may be eligible for these types of damages:

• Compensatory Damages - These may include economic (financial losses such as medical expenses, lost wages etc.) and non-economic (physical and emotional sufferings such as loss of enjoyment, severe body pain, emotional distress and loss of relationship among others)

• Punitive Damages - These are based on the statutory provisions of the existing laws that involve reckless and negligent actions

The Need for Expert Legal Assistance

Since most cases of negligent torts entail various intricate law and legal procedures, many victims of medical malpractice, who do not fully understand their rights, choose not to further pursue their case. Indeed, filing a lawsuit without the assistance of credible medical negligence lawyer is just like a warrior without a weapon.

For an instance, proving liability certainly necessitates enough evidences. Without the help coming from a lawyer, the plaintiffs may not know the vital documents to gather. The legal process may also take long period. An able legal advocate can take charge of the case while the victims spend their time with their families or attend medical treatment sessions.

Thus, it is definitely important for medical negligence victims to have someone who can help them with their claims. With expert advice and representation, the plaintiffs will have better opportunity to obtain justice.

To help you with issues related to medical negligence, you can take the services of our experienced Los Angeles medical negligence lawyers. You can log on to our website to avail of our free case analysis.

Rainier is currently among the proud members of the Mesriani Law Group that serves clients in Los Angeles, California. He was tasked to write articles and legal contents to further enhance the knowledge of the internet users regarding Personal Injury, Labor Law, Business Law and Social Security Disability.

Personal Injury - Don't Be A Victim Of Malpractice?

It is estimated that medical mistakes are the third leading cause of death in the United States. Medical errors and incompetence can cause personal injury which can incapacitate or even kill patients. The number of wrongful death and personal injury lawsuits being filed against physicians is rising every year. Now more than ever before, it's essential to know your rights when dealing with medical malpractice.

Are you a victim of malpractice? Medical malpractice is defined as a doctor's negligence or failure to perform at accepted stardard levels, and if you sustained injury or someone died as a result you very well may have a valid claim. Sometimes it is next to impossible to prove that the doctor in question did not stay within the required standard guidelines. That is why it is very important to know all the facts and be aware of the procedures involved before even thinking about proceeding with a malpractice action.

If you believe that your personal injury was due to the negligence or incompetence of a doctor or other medical professional, you have the ability to seek reparations equal to the extent of the injury sustained. A good place to start is by finding a personal injury lawyer who specializes in the type of injury that you or your loved one suffered. A search through your local yellow pages should yield many resources for your search. Or look online for personal injury resources. Since this is such an important area of specialization you will find many resources to help you decide how to proceed.

Secondly, it's important to document everything. Keep all medical records, write down all conversations with the health care provider in question, and try to obtain as much information as possible. If you mention that you are thinking of filing a lawsuit, the doctor may not legally be able to discuss the situation with you any further. Don't be dishonest about your intentions, but it won't help you to threaten the health care provider or tell them that you are going to sue them for all they are worth.

Utilizing an expert witness is strongly advised in the event that you make the decision to take your case to court. This is usually an impartial health care provider who is experienced in your type of situation, and an expert that can attest to the fact that your health care provider is at fault for your personal injury.

No one wants to think that they entrusted their life to an incompetent physician. If you do become a victim or malpractice, however, always remember that you have a legal right to compensation for any harm the doctor caused. The wise thing to do is to hire a reputable personal injury attorney who knows all the ropes and can help you file your claim against the negligent health care professional. Your personal injury attorney will also aggressively pursue your case in order to help you get the maximum monetary reward possible.

When looking for an injury attorney get as much information as possible before choosing. See Article marketing videos.

Medical malpractice lawyers in New York and New Jersey

www.lockslaw.com - Medical malpractice as a doctor or other health care provider provides services under the standard of care defined. Even medical malpractice is known to occur medical malpractice in the emergency room, operating room, or other doctor offices. The medical malpractice attorneys of Locks Law Firm in New York, Philadelphia and New Jersey can assist you or your loved ones will receive compensation. For more http information.You our lawyers can get to: The Locks Law Firm ...



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Chicago IL Personal Injury Lawyer Medical Malpractice Lawyer

www.sgklawyers.com Phone 312-782-1386. Personal Injury Attorney Bruce Goodman, Steinberg, Goodman & Kalish Chicago, IL. Serving greater Chicagoland, including Cook County, Dupage County, Kane County, Lake County and Will County.



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Chicago Brain Injury Lawyer Bloomingdale, Illinois Head Trauma Lawyer

www.prescription-malpractice.com The Scanlan Law Group works hand in hand with experts to properly identify, asses and treat brain injuries, to the best possible outcome in court. Call our lawyers today in Chicago 877-494-1309.



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Seasons Greetings from Aronfeld Trial Lawyers

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Medical Negligence Attorney - Get a Good One Fast Or Risk Losing Out

Dealing with a medical condition can be stressful under the best circumstances. The last thing you need is for you or a loved one to suffer a setback because of a health care provider mistake. When it happens, do not blame yourself for feeling angry and frustrated. You need a medical negligence attorney to help you get your life back together. But act quickly because insurance defense lawyers have probably already begun working to keep you from recovering any money.

Before we discuss where to find a medical negligence attorney, let us start with a definition of medical malpractice is so that you are ahead of the curve when you first contact your attorney. Remember, despite jokes to the contrary, attorneys are human too. When you contact one about your case, the first hurdle will be to convince him or her that you are not a waste of time. I once received a call from a potential client because he was angry that his dog groomer had mistakenly shaved his dog bare. Needless to say, our conversation did not get very far.

So, what is medical malpractice? Put simply, it occurs when a health care provider makes a mistake involving the care of you or a loved one that results in some kind of harm. There are countless ways this can happen. Your attorney will give you a typically free initial consultation to determine the strength of your case.

Now that you have an idea of how your initial consultation will go, where do you turn to get an actual name of an attorney who can help? Here are several options to get you started.

1. Referrals. If someone you know has been the victim of medical negligence and is pleased with the services of the law firm retained for the matter, by all means contact that firm for a free consultation. This is a fairly rare situation, however. And some referrals should be taken with extra caution. A well-intentioned referral to a nephew or sister-in-law who happens to be an attorney may cost you if that person has no experience with medical negligence cases.

2. Medical Negligence Attorney Advertising. Believe it or not, as unappealing as many lawyer advertisements are, they are a great first glance indicator of the success a particular law firm has had with its medical malpractice cases. Think about it. These firms have big budgets to promote themselves and the type of law they practice. That money comes from winning cases or securing large settlements.

It reminds me of something a senior partner told me years ago. One can always tell the difference between lawyers who win money from insurance companies and those who defend insurance companies by looking at their shirt cuffs. How is that, you may ask? In most cases a medical negligence attorney only gets paid by winning money for you. That is, he or she works for a "contingency fee", taking a percentage of the money you win as payment. These attorneys want you to see that they are winners who bring in money. They wear gold cufflinks and drive fancy cars. The insurance defense attorneys are not paid contingency fees, but rather a flat, hourly rate to make sure you get as little money as possible. These attorneys want insurance companies to see that they are protecting insurance company money. They wear plain button shirts and drive sensible, modest cars. But do not let looks deceive. They are passionate about you getting as little money as possible.

Some great places to look for the "winners" with big advertising budgets include the phone book, billboards and, of course, the internet. As with anything, however, common sense should prevail. It is possible for a firm to be too big such that you may feel you do not get the personal attention you deserve. You will get sense of the kind of attention you will receive from the very first interview. Listen to your instincts. Also, when it comes to contingency fees, be sure to see how to avoid costly mistakes when hiring a medical negligence attorney, below.

3. The State Bar Association. Many state bar associations have non-profit attorney referral programs. Check out the website for your particular state for details. Sometimes there is a charge for a referral, however. But while you are at the state bar association site, take a moment to see whether your state bar association makes available information regarding disciplinary action against attorneys to make sure you do not get a bad apple.

Whichever route you take to find your attorney, the important thing is to act. All states have statutes of limitation which prevent legal actions against those who may have harmed you after a certain amount of time. Also, memories may be faulty, so it is important to get the details of your case on record as soon as possible.

Remember, medical negligence claims are about getting you the money you need to put your life back together, so read on to avoid costly mistakes when hiring your medical negligence attorney.

AD Ammann is an American Jurisprudence Award winning graduate of Emory University School of Law and independent legal writer.

The Secret To Understanding Your Medical Malpractice Case

Medical malpractice is a claim brought in civil court against a medical practitioner. At its core, the claim is essentially one for medical negligence. That being said, most patients don't understand what they are getting into.

Most people believe that if the receive medical treatment and have a bad result, medical malpractice has occurred. This is, in fact, not the case. A bad result might mean malpractice occurred, but then again it might not. Doctors are not held to a standard wherein they have to provide a perfect result every time. Medicine and the human body just do not work that way.

So, what is the secret to understanding your medical malpractice case? It has to do with elements. To prevail in a lawsuit, you must prove certain elements in a case. Generally speaking, these elements are the standard of care, a breach of that standard, causation and damages. Keep in mind that every state has a slightly different version of this law, but this is the general standard for purposes of this article.

The standard of care is often a confusing issue of many. It simply means the minimum standard of care that is required of medical professionals in the community for the particular treatment in question. The standard is established through expert testimony in most cases.

The breach of the standard of care is pretty much what it sounds like. Having established the standard of care, did the defendant fail to meet it? This is again established through expert testimony.

Causation is vital element of the claim as well. If a doctor performs below the standard of care, it doesn't matter unless it "causes" some damage. If the doctor performed a knee surgery below the standard of care, it doesn't matter if you are claiming an elbow injury!

Damages are, of course, the final element that must be proved. This is usually done by showing bills related to further medical care. A more subjective claim for "pain and suffering" is usually made as well. Essentially, this is the point where monetary damages are suggested by the plaintiff and argued against by the defense.

If you have received medical treatment you have questions about, you should speak with a medical malpractice attorney in your area. They can give you the low down on the treatment you've received and the local standards that apply.

Aazdak Alisimo writes medical malpractice articles for MedicalMalpracticeAttorneyNet.com where you can find a medical malpractice attorney in your area.

Michigan Personal Malpractice Layers

Malpractice arises from a professional's misconduct or failure to use sufficient levels of care, skill, or carefulness in the presentation of the professional duties that causes harm to another. Malpractice usually occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill, and learning applied circumstances by the average prudent reputable member of the profession in the given "community."

Judgment of performance is based upon the standard of care for the professional in the "community," what other professionals in the same field do for their clients who are located in the same area. Malpractice occurs in any area of the law and can take many forms such as simple negligence, gross negligence, negligence per se, breach of contract, or fraud.

Clients can be hurt by lawyers in many ways such as neglect, missing a act of limitation, failing to carry out and respond to discovery, failing to assign experts and/or proper witnesses, lawyer's conflict of interest, putting the lawyer's interests above a client's or putting one client's interest over another's, drafting errors in papers and/or agreements.

Most legal malpractices occur through administrative errors, among them are, failure to calendar and clerical errors, or substantive errors such as failure to know the law, conflict of interest, client relations i.e. not following client instructions, improper withdrawal or intentional wrong doing such as libeled.

When the health care provider's error results in an injury to the patient it is regarded as medical malpractice. The patient can pursue a medical malpractice claim. The best thing that a person can do when he suspects that his family member has suffered negligence at the hands of a medical professional is to consult with a Michigan medical malpractice lawyer right away. A common type of professional malpractice lawsuite is one where the client sues a former attorney for negligence.

Michigan Personal Injury Lawyers provides detailed information on Michigan personal injury lawyers, Michigan personal injury lawsuit funding, Michigan personal injury law firms, Michigan personal injury laws and more. Michigan Personal Injury Lawyers is affiliated with Michigan Divorce Lawyers.

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Becker patient accuses him of wrongdoing. Bob sleeps with Attorney John Ruth.



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Breast Cancer Survivors - Do You Really Think Your Doctor Misdiagnosed Your Cancer?

Breast cancer is deadly. Just ask any woman. Evidence of breast cancer clusters are becoming more common especially in New York and Long Island. Mammograms, gynecology visits, breast exams, biopsies and diagnostic tests are all designed to detect and track changes in a woman's breast.

As a lawyer who has represented injured victims for over 19 years in the State of New York, I'm going to give you 15 questions you should ask yourself if you've been diagnosed with breast cancer.

1. Did you have any symptoms with your breasts to suggest there might be a problem?

2. If you had noticed a problem such as a lump or discharge from your nipple, how long did it exist before you went to the doctor?

3. Do you regularly do breast exams on yourself- the way your gynecologist showed you how to do it?

4. When you first went to a doctor with your breast complaint, what did the doctor do about it?

5. What questions did the doctor ask about how long the condition existed, or whether you noticed it getting bigger or changing?

6. Did the doctor do a breast exam while you were sitting up, and also while lying down?

7. Was a mammogram ordered and done?

8. Was a needle biopsy done?

9. Was a CAT scan, MRI scan or x-ray done?

10. What were the results of the tests you had done?

11. Did your doctor tell you there was a chance the tests were "false negative" or "false positive" suggesting they might not be accurate?

12. If you were diagnosed with breast cancer, what type of cancer was it? Slow growing, fast growing?

13. If the cancer was diagnosed earlier, what treatment would you have received compared to the treatment you actually got?

14. Because of a delay in diagnosing your cancer, has your life expectancy changed significantly, compared to what it would have been if it had been detected when you first presented to your doctor with your breast complaints.

15. What treatment do you need now, and what stage is your breast cancer? Has it spread to other parts of your body?

By answering these questions, you'll have a better understanding of what a lawyer looks for when you ask yourself whether your doctor misdiagnosed your breast cancer. A key aspect of failure to diagnose breast cancer cases involve the question of what would have been done differently had you been timely diagnosed?

As you probably know, treatment for breast cancer ranges from surgical excision of a local cancer to mastectomy, where the entire breast is removed. When mastectomy is done, reconstruction and revision is often done at the same time. Radiation and chemotherapy are also common treatments that have significant side effects. As always, ask your treating doctor which treatments are best for you. After that, ask an experienced attorney whether your breast cancer should or could have been detected earlier and whether your treatment and outcome would have been different.

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

Hoffspiegel & Associates

Lloyd Hoffspiegel - Attorney at Law ... Lloyd Hoffspiegel "lawyer attorney Atlanta, Georgia," Personal Injury "Medical Malpractice" wrongful death "car accident" Workers Compensation "Sexual Abuse Litigation"



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2009 and Malpractice Bowl

AND AND law students participate in the med students in a game of "powder puff" football



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Ask A Question To A Lawyer Online - The Smart Way To Get Legal Questions Answered

Did you know that you can ask a question to a lawyer online? We all have had times in our lives when we have to deal with a legal matter. Maybe your dog tore up your neighbor's garden. Or maybe you have questions about how to fill out a legal form. Most of these questions can be solved quickly but how do you find the right person to ask. After all, we all want to stay on the right side of law and not have to deal with tickets, fines, courts, or jail time. Where do you start in this day and age for your search for the right lawyer? Start with the internet.

You can find many answers to legal questions on the internet. There are many websites that allow you to submit a question then lawyers will answer. In order to get the best answer to your question you must be exact with the problem and provide all the information you have available. Asking a legal question to a lawyer is not the time to be shy or hold back personal information. You won't get a correct answer to your problem if you hold back information.

Ask a question to a lawyer online is a great internet idea if all you need is some general help. Are you interested in learning what you need to do to open a restaurant in your hometown? Or are you new to the state and interested in learning about the gun and knife laws in order to keep your hobby legal? Ask a lawyer online and you will probably receive more responses then you know how to handle. And chances are you are not the first person to ask a question, so take some time looking at old questions and responses in the ask a lawyer forums to avoid duplicating questions.

You also need to be aware that if you have any thought that what you need an answer for could result in criminal or civil lawsuits don't ask your question in a general forum. Use the internet to find lawyers in your area and read the lawyer review websites to find someone who is highly recommended. Make an appointment with several of the lawyers you feel could help you and talk to them in person. Do not open yourself up for additional legal problems by posting on the internet that you broke a law .

The best advice to remember when talking to a lawyer on the internet is that chances are the information you discuss is not protected by the attorney-client privilege and chances are the lawyers will not consider you a client at all. If you believe you will need to use attorney-client privilege, talk to your lawyer in his office. But until that day ask a question to a lawyer online may be for you.

Learn more about ask a question to an attorney online quickly and easily by visiting http://www.lakemarybusinessdirectory.com a very popular website that provides resources,articles, consumer information and business reviews.

California Medical Malpractice Lawyer Cheerleader Injury

California Medical Malpractice Lawyer Bruce Fagel is a student who is in a cheer leading routine in the school, which violated the brain damage. The Law Office of Bruce Fagel and Associates handles all medical malpractice cases including birth injuries, brain damage, cerebral palsy, wrongful death, Kaiser malpractice, cancer misdiagnosis, Brachial Plexis injuries, nursing home negligence, doctor or hospital malpractice and more. They serve Los Angeles, Orange County and all ...



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Medical Malpractice - NY Lawyers No Longer Required To Ask Clients To Pay Them Back If Case Lost

MEDICAL MALPRACTICE & PERSONAL INJURY LAW IN NEW YORK

A new law just went into effect the other day. Lawyers no longer are required to pursue their clients for expenses the lawyers incurred on their behalf in unsuccessful lawsuits, in cases where the lawyers' fee was payable only if the client won.

It used to be that a New York lawyer was obligated to tell their clients that even if they lose their case, they were still responsible for paying the lawyers expenses he spent on their case. For example, if the lawyer spent $25,000 prosecuting a medical malpractice lawsuit, and they lost the case, the lawyer was legally within his right to turn to the client and ask the client to reimburse the lawyer for the $25,000.

In reality, it didn't really work that way. Most practicing medical malpractice and personal injury lawyers would not ask a client to reimburse them for their expenses if they lost the case. Can you imagine the indignity that results from such a case? Not only do they lose their case, but now they're hit with a huge bill for the lawyers expenses? What happened to "No fee, no recovery?" Well, if you ever looked in the fine print in one of those ads, or in a lawyers' retainer agreement, there was always one sentence which said "The client is ultimately responsible for the legal expenses incurred on their case."

Importantly, the law that Governor Pataki just signed says that a lawyer is no longer REQUIRED to pursue their clients for expenses. In most cases, at least in the greater New York metropolitan area, most medical malpractice attorneys would not ask their client to repay their expenses if they lost the case. It's just bad business.

In 18 years of practice I have never asked a client to reimburse me for my costs if we lost a case. However, I know that in some upstate counties there are lawyers who have no problem asking their client to foot the bill for all of their legal expenses if they lost the case- and guess what? Legally, they were totally within their right to do so.

Now, lawyers are not faced with the dilema to ask the client for their legal expenses. What does this mean for the prospective client who needs a medical malpractice or personal injury lawyer?

Make sure that your lawyer puts a sentence in your retainer agreement that says that he will, or will not seek reimbursements of his legal expenses if you lose your case. This way you know exactly what will happen at the end of your case, and whether you'll be on the hook for thousands of dollars.

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

NY Medical Malpractice - Improperly Placed Suture Causes Permanent Nerve Damage

Here's an interesting case I handled recently: It involved a young man who put his arm through a window. He was taken to the emergency room where he was bleeding profusely from cutting an artery. He had a "pumper," with blood spurting and pulsating out like a garden hose. While in the emergency room a doctor tried to stop the bleeding by applying pressure to the wound. This worked, but the young man needed a blood transfusion since he lost a lot of blood during the five minutes from accident site to the hospital.

After the bleeding was initially controlled, another doctor came to stitch the wound. The doctor, while throwing stitches, never realized that he put a stitch around the ulnar nerve! This is a big "no-no." Stitches are meant to tie off bleeding vessels like veins and arteries. They are not meant to tie off good, healthy nerves.

Importantly, while the patient was being stitched up, he yelled out that his arm felt as if it had been 'zapped', similar to hitting your funny bone. The doctor simply said "Don't worry about it, you'll be fine." Well, a day or two later, the young man, thinking that it's ok to have unusual sensations in his had following this accident did not think much of the ongoing discomfort he was having in his hand. By day three, he started to think something was really wrong. His fourth and fifth finger were getting numb and were also painful.

The patient returned to the hospital, where it took some coercion to get the clinic residents to evaluate his hand. Despite the patient's complaints, he was sent home, and told it it normal to have this pain following such an accident. Two days later, the numbness and inability to move the fourth and fifth fingers brought the patient back to the hospital clinic. Again, nobody recognized that the young man's ulnar nerve was dying off before their eyes.

This young man made a wise decision to get an opinion from an experienced hand surgeon in New York City. Immediately upon being examined, the hand surgeon advised the patient that he had significant damage to his ulnar nerve; precisely the nerve that controls the fourth and fifth fingers. Exploratory surgery revealed the patient's worst fears:

"A suture used to tie off bleeding vessels had somehow been used instead to tie off your ulnar nerve," was what the hand surgeon advised him. "As a result, your ulnar nerve was deprived of oxygen and blood flow, causing the nerve to die." This young man was told that he'd need another surgery to try and transplant another nerve from a different part of his body into his arm to see if that would help. He was told that nerves can regenerate, if lucky, at a rate of one inch per month. In other words, a very slow process.

The second surgery went well, and he did not need a nerve transplant. Instead, the existing nerve was cleaned up, and stretched as gingerly as possible to get close enough to attempt to reattach the two damaged ends of the nerve. Eighteen months later, this patient still had loss of sensation and decrease in function in his hand.

The moral of this tragic story is that this injury was totally preventable. Had the emergency room doctor been careful in placing those stitches, and had the clinic residents recognized the signs of nerve damage two days after the accident, this event leading to permanent nerve damage never would have happened.

End Result:

Through extensive investigation and many depositions, I was able to finally learn that one or more doctors had sutured the wound closed. What made this case so fascinating is that the doctor or doctors who stitched this patient up, never wrote a note in the hospital chart- It's almost as if they knew what they did was inappropriate and did not want to acknowledge it.

The case settled favorably during jury selection.

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.

Chicago Product Liability Lawyer Bloomingdale, Illinois Personal Injury Lawyer

www.prescription-malpractice.com The Scanlan Law Group is a Chicago Illinois Personal Injury firm. We bring commitment, heart and soul to your case and your case. Call us today at 877-494-1309 Lawyers.



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Maryland Accident Lawyers

Saiontz, Kirk & Miles, PA - (800) 522-0102. Maryland accident lawyers and medical malpractice lawyers. Handling cases in Maryland, Washington, DC, Pennsylvania and Virginia



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Medical Malpractice - NY MD's Malpractice Ins Premiums- Is $170,000 Enough?

Obstetricians and neurosurgeons in New York pay over $170,000 per year, per person, to have medical malpractice insurance. What do they get for their money?

When a doctor buys a malpractice insurance policy, they usually get an insurance policy that protects them for that year for up to $1.3 Million dollars for each event that year, up to a maximum of $3.9 million dollars total for that same year. (The $3.9 million is called an 'aggregate amount'). What does that mean for a patient who has sued a doctor in New York?

It means that if the patient is successful in their lawsuit and either settles with the doctor or obtains a verdict against the doctor, the maximum the patient can obtain from the insurance company would be $1.3 million on behalf of that individual doctor. Typically, many doctors and their professional groups take out additional malpractice insurance to give them a cushion, or an umbrella, in the event they are required to pay more compensation than their original malpractice insurance policy provided.

In other cases, a doctor may be required to obtain 'excess' insurance coverage through the hospital where they have admitting privileges. Again, this attempts to protect the doctor and also the hospital from any large payout.

"How come my doctor on Long Island has to pay so much in insurance premiums?" The answer to that question would take many days to answer. There are many reasons that account for such high premiums for doctors including the insurance company making poor financial decisions and requiring additional monies to keep them going. Other explanations point to the trial lawyers as the 'bad guys' driving up doctor's premiums. Still others say it's frivolous lawsuits that cause high premiums. Regardless of which explanation you accept, the fact is that doctors in New York and Long Island pay some of the highest medical malpractice premiums in the country. The question in the title of this article "Is $170,000 enough?" is a facetious way to inform the reader that the premiums are out of control.

There have been news accounts that some doctors have given up practicing obstetrics or other areas of medicine because of the high premiums. Other accounts claim this is mere exaggeration. Some patients feel bad for their doctor having to pay such high premiums. Others claims that their doctors can afford it and the doctors should stop complaining since they have a greater quality of life than many patients.

Even a staunch advocate of injured victims can understand the frustration of many physicians when they complain about such high payments made to their malpractice insurance companies. Interestingly, there has been no outcry from these same doctors and physician organizations turning to their insurance companies and asking "What are you doing to us?"

Why has there been no outcry from New York politicians looking into the pricing and fees of these same insurance companies? The lack of an answer suggests that the doctors may be afraid to take on their own insurance companies. What about the politicians? Why haven't they taken up the gauntlet to address such high premiums? The lack of an obvious answer raises more questions about allegiances to special interests.

There are some people who suggest that if awards for pain and suffering are capped in New York, that will limit the amount awarded, and the insurance companies will not have to continually raise their premiums that doctors must pay to insure themselves. Although this reasoning might sound on its' face to be reasonable. It isn't. There have been many studies in states that have caps on pain and suffering that limited awards DO NOT reduce malpractice premiums for doctors or hospitals. In fact in two separate (non-partisan) studies, premiums were noted to have increased, even with caps in place.

The next time your doctor complains about the expensive and outrageous medical malpractice premiums he has to pay before he even pays his overhead, ask him why he doesn't complain to his insurance company.

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.

Medical Malpractice Lawsuit - When To Consider It

For medical malpractice lawsuit’s outcome in your favour is dependent on concrete evidence in order to prove that wrongdoing was done by the doctor or the medical care provider. This is because many times the proper course of action is a judgment call by the doctor or the medical care provider.

However, if you are certain that medical malpractice can be established and you have the necessary evidence to prove it, then you should pursue the medical malpractice lawsuit. A point to remember is that even if the actions taken by the doctor were right, he should know about the adverse effect his treatment can have, and it is his responsibility to inform you and your family members of the side effects of the treatment.

If the doctor informs you that the success rate of the treatment is 99 percent but the possibility of the treatment not working is 1 percent, and you or your family had the misfortune of falling in the 1 percent category, going for a medical malpractice lawsuit would be a waste of time unless there you can prove that there was a safer medical procedure that the doctor or the medical care provider could have followed.

However, there have been many instances when the doctors have made poor medical decisions that have had disabling effects on the patients and in extreme cases caused deaths of patients. A doctor cannot afford to be wrong, and if he feels that he has a doubt, he should seek advice or opinions from his peers and discuss the further course of treatment.

If you feel that you or your family have been a victim of medical malpractice, you should find a good medical malpractice lawyer to fight your case. However, you should be aware that you would have to submit all the proof required to prove the doctor’s negligence and mistakes made by him.

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5 Typical Defenses in a Medical Malpractice Case

A medical malpractice case is typically defended with the following 5 important defenses:

(1) We didn't do it, but...

(2) If we did it, it was an acceptable risk,

(3) However, if we did it, and it wasn't an acceptable risk, then the patient wasn't hurt by it, but...

(4) If the patient was hurt, he wasn't hurt that badly,and finally,

(5) We didn't do it, but even if we did, the patient also contributed too.

It is the extremely rare case where the defense admits causing injury and the extent of injury. Those cases are settled quickly without ever going to trial.

The majority of medical malpractice cases in New York are settled prior to trial. Of the remaining 5-10% that are not settled, the physician wins the majority of them at trial. Defense counsel have gotten their clients off the hook using the defenses listed above.

Obviously, the list above is overly simplistic, but it's easy to see how it applies in any malpractice case.

Jimmy D'Victim arrives in my office claiming that hernia surgery caused a perforation in his colon. The defense will quickly claim that (1) Jimmy needed the surgery, (2) That a perforation is a known recognized risk of the procedure, (3) That there is no real injury, (4) That if there is an injury it's minimal, and (5) That he caused all of his own problems because he moved during surgery or failed to follow the doctor's instructions before, during and after surgery.

Is it any wonder that most malpractice cases are won by the defense?

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/

NY MEDICAL MALPRACTICE-Anesthesia Errors Turns Deadly

Listen www.oginski-law.com Oginski as Gerry, an experienced NY medical malpractice and wrongful death lawyer attorney in Brooklyn, the Bronx, Manhattan, Queens, Nassau and Suffolk explains how anesthesia can make fatal mistakes. For more information, http Gerry in person or by phone at 516-487-8207.



http://www.youtube.com/watch?v=l80DBjslNpQ&hl=en

Texas Medical Malpractice Lawyers

The laws that govern medical malpractice suits and claims are, as with all other laws, specific to certain trends and local landmark rulings. In essence, Texas medical malpractice laws do not allow individual medical practitioners to be sued for amounts that exceed $250,000. If a health care facility is being sued, the limit to claimable damages is $500,000. These two sums added together are the ceiling for claimable damages as far as medical malpractice in Texas is concerned.

However, multiple medical practitioners who have collectively contributed to a plaintiff’s condition, lack of recovery or aggravation thereof are individually liable to the tune of the entire amount that the defendant is awarded.

Texas laws also have stringent guidelines concerning how information to aid a plaintiff’s case is obtained, and the validity of such information. The timeframe for making medical malpractice suits are also very specific in the state of Texas. Considering the relative complexity of medical malpractice laws in Texas, and the fact that they differ significantly from those in some other states, lawyers specializing in this legal genre are in high demand.

Medical malpractice lawyers in the state of Texas are not subject to limitations on how much of a fee they can charge. This may seem like a lopsided and unfair arrangement. However, considering that this is a highly complex legal field where the slightest lack of judgment can be disastrous to the client, it does make sense. A medical malpractice suit is a fickle matter. A competent lawyer specializing in the field of medical malpractice is not only an asset for Texas claimants – they are virtually a necessity. Many of them sub-specialize in specific areas of medical practice and can be chosen according to the nature of the client’s particular case.

Medical Malpractice Lawyers provides detailed information on Medical Malpractice Lawyers, Texas Medical Malpractice Lawyers, New York Medical Malpractice Lawyers, Florida Medical Malpractice Lawyers and more. Medical Malpractice Lawyers is affiliated with Mesothelioma Lawsuits.

Medical Malpractice - NY Lawyers No Longer Required To Ask Clients To Pay Them Back If Case Lost

MEDICAL MALPRACTICE & PERSONAL INJURY LAW IN NEW YORK

A new law just went into effect the other day. Lawyers no longer are required to pursue their clients for expenses the lawyers incurred on their behalf in unsuccessful lawsuits, in cases where the lawyers' fee was payable only if the client won.

It used to be that a New York lawyer was obligated to tell their clients that even if they lose their case, they were still responsible for paying the lawyers expenses he spent on their case. For example, if the lawyer spent $25,000 prosecuting a medical malpractice lawsuit, and they lost the case, the lawyer was legally within his right to turn to the client and ask the client to reimburse the lawyer for the $25,000.

In reality, it didn't really work that way. Most practicing medical malpractice and personal injury lawyers would not ask a client to reimburse them for their expenses if they lost the case. Can you imagine the indignity that results from such a case? Not only do they lose their case, but now they're hit with a huge bill for the lawyers expenses? What happened to "No fee, no recovery?" Well, if you ever looked in the fine print in one of those ads, or in a lawyers' retainer agreement, there was always one sentence which said "The client is ultimately responsible for the legal expenses incurred on their case."

Importantly, the law that Governor Pataki just signed says that a lawyer is no longer REQUIRED to pursue their clients for expenses. In most cases, at least in the greater New York metropolitan area, most medical malpractice attorneys would not ask their client to repay their expenses if they lost the case. It's just bad business.

In 18 years of practice I have never asked a client to reimburse me for my costs if we lost a case. However, I know that in some upstate counties there are lawyers who have no problem asking their client to foot the bill for all of their legal expenses if they lost the case- and guess what? Legally, they were totally within their right to do so.

Now, lawyers are not faced with the dilema to ask the client for their legal expenses. What does this mean for the prospective client who needs a medical malpractice or personal injury lawyer?

Make sure that your lawyer puts a sentence in your retainer agreement that says that he will, or will not seek reimbursements of his legal expenses if you lose your case. This way you know exactly what will happen at the end of your case, and whether you'll be on the hook for thousands of dollars.

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