Breast cancer delayed diagnosis Is there a trap?

Learn what a NY Medical Malpractice looks attorney in evaluating a breach of breast cancer at diagnosis. Oginski Gerry is an experienced malpractice & accident lawyer practicing in Brooklyn, the Bronx, Queens, NY, Staten Iceland, Nassau and Suffolk. For more information, www.oginski go-law.com or call Gerry personally at 516-487-8207.



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Medical Malpractice and Failure to Diagnose

When the term medical malpractice is used, doctors making surgical mistakes or accidentally physically hurting their patients is usually what comes to mind. The large number of outspoken individuals who do not trust doctors fear that a physician will harm them and that they cannot be trusted. But the majority of medical malpractice cases have nothing to do with a doctor physically harming a patient or even prescribing a drug that harms them. Instead, most cases involve misdiagnoses, diagnostic error or delayed diagnosis.

The Types of Diagnostic Errors

There are a number of ways in which a doctor may fail to treat you correctly as a patient. They are responsible for much more than just treating you, they are also legally responsible for catching certain illnesses and diagnosing them correctly. The types of diagnostic errors a physician can be sued for include:

• Failure to diagnose-a doctor is responsible in many cases for catching early signs of certain cancers, diseases or disorders. If a doctor, for example, treats a patient for a throat issue and fails to pick up on the obvious warning signs for throat cancer and have the patient screened for cancer, he or she can be held legally liable for the further injury or death that may result.

• Delayed diagnosis-a diagnosis for deadly diseases and conditions must be made promptly when the physical signs are present. If a doctor has a patient who complains of dizziness, coordination or visual hallucinations who he or she fails to screen for brain cancer until the cancer has developed to a debilitating point, the doctor can be sued.

• Misdiagnosis-it is also the responsibility of a doctor to make the correct diagnosis. It is common for doctors to make the wrong diagnosis in difficult cases, but the doctor should continue to take all possible routes towards finding the correct diagnosis. If a doctor did not bother to send the patient through the proper testing to ensure that his or her diagnosis was appropriate, this inaction can be seen as gross negligence.

Laymen rely on the expert knowledge of trained, professional doctors to help them understand what is going on in their bodies. It is the duty of doctors to provide this service to their patients to the very best of their ability.

For more information regarding medical malpractice and diagnostic errors, visit the website of the personal injury attorneys of Webb, Wade, Taylor & Thompson, LLC.

Joseph Devine

Victim Abie 1 888 288 6915

Personal Injury Lawyer Network of Lawyers ® is a convenient, confidential and free of charge, which connects you to an experienced personal injury attorney in your area. Network of Lawyers ® is to help those serious injuries from an automobile accident in the workplace or by the negligence of an owner (premises liability) or victims of medical malpractice, dangerous drugs, unsafe products, or environmental toxins such as asbestos victims required, Lead Paint Poisoning and Toxic Mold. Our NetworkLawyers are committed to protecting your rights and there is never a fee if you have a financial recovery. If you or a loved one is the result of another person or Entities negligence you need a personal injury lawyer by completing the FREE CASE EVALUATION form or call the network of lawyers were injured ® talking!



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Protection From Medical Malpractice In Florida

The job of health care providers is somewhat different from other professionals. They need to take care of thousands of lives; hence health care industry involves trustworthiness and a sense of responsibility more than any other sector.

Individuals engaged in health care industry need to remember their duties all the time. People come to physicians for treatment and expect proper care. Unfortunately, some physicians, dentists, nurses, hospital authorities and medical clinics forget what they are supposed to do. The careless act can bring about bigger health problems, or even death, in an innocent person.

Such reckless behaviors of health care providers fall under medical malpractice section of law. Medical malpractice is punishable and the guilty person or organization must compensate the victims for all their damages.

There are certain standards and norms health care providers should adhere to. Negligence to obey the rules is always punishable by law. People come to health care providers for treatment and they expect standard service. On contrast, if they are provided with improper care and low-graded service that worsens the conditions, they have all the right to sue the liable entities.

Victims can take help from local personal injury lawyers or medical malpractice attorneys. Florida medical malpractice victims should consult Florida lawyers to know the merits of their case.

Most of the states in U.S. have introduced certain laws to protect consumers' interest. The laws guide the victims on how to handle medical malpractice cases. Medical malpractice lawyers can also help victims get justice.

Medical malpractice laws vary by states. Some states require the victims to learn and understand the way court of law works and the related laws too. On the other hand, just a bit of understanding about the law is considered acceptable in the other states.

The process of assessing damage also differs from state to state. In some states a special panel is appointed to investigate the case, where in the other states, they put a cap on the compensation amount. That is why dealing with state lawyer is important. Florida attorneys have better knowledge of Florida medical malpractice laws.

The usability of the changes made by Federal Government and recently passed medical malpractice laws is a debatable issue. Many have questioned its merits for both public and health care providers. However, strict laws are likely to oblige health care providers function carefully; now that would really help patients receive better health care and proper medical attention. Top of that, the standard of entire health care industry is expected to rise high.

However, people associated with health care industry hold a different opinion altogether. Most of them are not satisfied with the medical malpractice law. They think the medical malpractice laws are not doing any good for them and retracting them from practicing their noble profession. They have even commented that such unfair law would keep people away from pursuing careers in health care industry and suspected a shortfall of physicians, dentists, nurses and other health workers in the coming days.

Nothing is perfect in this world; everything has advantages and pitfalls and legislature is not an exception. However, the drawbacks and limitations, if any, should be removed while future modifications and a flawless system should come up eventually.

The interest of medical malpractice victims should always be protected by law. No one should sacrifice his life because of someone else's fault or negligence. And if such event happens, the victims should have the right to claim and receive compensation.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis.
Find out more top Florida Lawyers and get latest legal advice.

New York Car Accident Victim Loses Settlement Money After Government Steps In

Here's a perfect example of a case where the driver of a car who hit a young man crossing the street, did not have enough insurance coverage, leading to insufficient compensation for his injuries:

This particular man was in a shopping center crossing the street when he was hit by a car entering the shopping center. The driver was going about 25-30 miles per hour. He hit the man squarely on the left side of his body, causing him to go flying through the air and land about ten feet from where he started. The injured man was rushed by ambulance to the closest trauma center where he was diagnosed as having a broken femur (the largest bone in your body), trauma to his face, and a bleed under his skull. The victim required a tracheostomy; a hole made in his windpipe to allow a tube from a ventilator to help him breathe. This injured victim spent more than three weeks in the hospital.

When he was discharged, he was sent to a rehabilitation facility and ultimately made his way home.

The driver of the car had insurance. However, when I investigated the insurance policy he had, it turns out it was a "limited" policy. This means it was a relatively low policy amount. Shortly after I was able to document all of my client's injuries to the insurance company, they promptly paid the full insurance policy since they recognized that the injuries my client suffered far exceeded the available insurance in this case.

Q: What other options were available to this young man after the insurance company "tendered" (paid) the insurance policy?

A: One option would have been to sue the driver personally and try to get a judgment against him. If successful, then I would be able to enforce the judgment by seizing his property in order to fulfill the judgment. However, after investigating this possibility, we learned that the driver had no assets- at least none that were in his name. Bringing a lawsuit against him, just to get a "paper" judgment would serve the client no purpose.

THE GOVERNMENT STEPS IN...

In this case, my client had been receiving medicare benefits because of a pre-existing disability. When Medicare learned (as they always do) that my client had received some compensation for his injuries, they asserted a "lien" against the proceeds of his case. This meant that they were asserting their right to recoup money that Medicare paid for his hospital and medical bills arising out of this car accident. The medical bills alone were astronomical. They were over $300,000! Medicare wanted everything that my client would receive as his share of the settlement. In effect, this young man potentially would get nothing as a result of his injuries.

I appealed to Medicare advising them that it would be tragic if this young man who was severely injured were required to pay back Medicare everything he was awarded in the settlement. Yet Medicare made a reasonable argument: Who else paid for his medical bills when he was in the hospital? Nobody. He did not have any other health insurance. Medicare did not expect to get reimbursed for paying his medical bills. But, when an injured victim brings a lawsuit seeking compensation from the driver of a car, bus, truck or someone else- and is successful, then Medicare steps in and says "You are now required to reimburse us." Many times Medicare will try to negotiate with you, depending upon the amount you recover. Yet the bottom line is that they must be repaid.

If your attorney ignores a Medicare lien, they do so at their peril. If your lawyer pays you your net share of the settlement without allocating money for Medicare, this is what will happen. Medicare will file a lawsuit against your attorney in federal court. They will ask not only for the money that they were supposed to recover, but also ask for three times the amount (called treble damages). Needless to say, if your lawyer has reached this stage, he has significant problems. The government is not required to go after the client (you, the injured victim). Your lawyer may try to get the money back from you, but what if you already spent it? Now the lawyer has even bigger problems.

The bottom line? Medicare must be repaid.

The bottom line for this client? He got the short end of the stick since the driver of the car that hit him did not have sufficient car insurance to cover the severe injuries he received. Then, the government stepped in and asked for the total amount of money to cover at least some of their expenses. After an appeal to Medicare, they were "generous" enough to allow my client to take home a token amount of the original compensation he was entitled to receive.

What is the moral of this story? Carry enough car insurance on your insurance policy to cover a serious injury. Then buy an "umbrella" policy (also known as an excess policy) to protect you and your assets in the event your main insurance policy is insufficient to pay compensation to someone seriously injured.

Thanks for taking the time to become informed.

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.

Tips For Medical Malpractice Victims

What is medical negligence or medical malpractice? As a general rule of thumb, medical malpractice, which is also known as medical negligence, occurs when a health care provider causes injury or even death to a patient when he or she fails to act within the confines of standard medical care. Putting it another way, medical malpractice is committed by a doctor or other health care provider when he or she does not act reasonably and responsibly, and this unreasonable conduct causes harm to the patient.

What types are medical malpractice are there? Typically speaking, medical malpractice can commonly occur under the following circumstances:

• Birth injury
  
• Anesthesia malpractice
  
• Prognosis misdiagnosis
  
• Surgical negligence
  
• Contaminated blood
  
• Injury from prescription drugs/ Overdoses
  

Is medical malpractice common? Sadly to say, medical mistakes are common occurrences here in the United States. A report that was recently published by the Institute of Medicine stated that as many as 98,000 people die every year in the hospitals in American due to medical mistakes. Therefore, in our country medical mistakes compose the 8th leading cause of death. Injuries occur to over 1.3 million people a year which involve medication errors.

What should you do if you think your injuries may have been caused by medical malpractice? Certainly not all medical mistakes constitute malpractice. However, if you or if a loved one has suffered a serious injury which is unexpected or has even died, then you should definitely question whether that death or injury was the result of medical negligence or medical malpractice. You not only owe it to yourself but to your family members to know the truth and hold the health care provider accountable for the harm that has been caused. Millions of dollars could be at stake.

What should you do if you have been victimized by medical malpractice? You may find that you are experiencing pain and suffering as well as severe financial hardships. There is no need to go through this difficult time by yourself. You as the patient should not be required to pay for the mistakes of your doctor or his or her negligence. It is important for you to locate and contact an experienced lawyer who will be able to protect your rights as well as get you the compensation you deserve.

What else can be done other than sue for malpractice? The first step involves informing the health care provider who performed the service. He or she may not be aware that there was a problem. You will find that the majority of doctors and pharmacists are honest people, and they will take the necessary action to correct a mistake. Another step that can be taken is to contact licensing authorities or state regulatory boards so that they can review the case in question and take disciplinary action if necessary. Penalties, fines and the revocation or suspension of a license can be meted out by state agencies and organizations.

You need to understand that even if you file a medical malpractice suit and win it, that will still not un-do the damage that was caused by the negligent actions. But it can ease the financial hardship that you may be enduring as a result of that negligence, as well as helping others to not fall victim to this by having a doctor's license suspended or revoked because he or she is not doing their job properly.

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

Role of Consumer Courts on Medical Negligence in India

Definition: The commission of an act that the prudent person would not have done or the omission of the duty that the prudent person would have fulfilled resulting in injury or harm to another person. In particular in a malpractice suit, a professional person is negligent if harm to a client results from a act or such failure to act, but it must be proved by other prudent members of the same profession who would ordinarily have acted differently under same circumstances

Elements of a Medical Malpractice case:

The burden of proving these elements is on the plaintiff in a malpractice law suit. More important is that the plaintiff must show some actual compensated injury that is a result of the alleged negligent care.

Caution may also be vigorously litigated issue because the physician may allege that the injuries were caused by physical factors and related to the alleged negligent treatment.

There is a limited time during which a medical lawsuit can be filed which varies per jurisdiction & type of malpractice.

Not only doctors but also other medical professionals are liable under negligence act.

Not all injuries caused to the patient are liable under negligence act. Section 304A - IPC deals with negligence and reads as - Causing death of any person by doing any rash or negligent act not accounting to culpable homicide shall be punished with imprisonment of either deception for a term which may extend to two years or with fine or both.

India has adopted the principle laid down in BOLAM case which held that a doctor is not negligent if what he has done would be endorsed by a responsible body of medical opinion in relevant specialty.

The BOLITHO TEST is another test that says that the court should not accept a defense argument at being reasonable, respectable or responsible without first assessing whether such opinion is susceptible to logical analysis.

Defence of a doctor against charges of Negligence:

A doctor will be considered negligent in the following circumstances

Duty of care

Breach of standard of care or failure to exercise such duty of care (dereliction)

Injury or damage and reasonable foreseability of damage

Proximate cause between the breach and the injury

That he had no duty to the patient at the time of incidence or damage.

That he discharged his duties in accordance with the prevailing standard of medical practice. That the damage was result of a third person who interfered in the treatment without his knowledge or consent. That the patient did not follow his advice properly (contributory negligence). That the damage complained of is an expected outcome for the particular type of disease the patient suffered from. That the complaint should not be entertained because it has already been tried once in court of law.

That the damage was the result of taking some unavoidable risk which was taken in good faith in the interest of the patient with his or his guardians consent.

That the patient persistently insisted on the specific line of treatment which has caused the damage in spite of doctors warning about the risk involved in treatment. If the doctors professional performance falls below the standards of a reasonably competent medical practitioner. If there is an overt evidence of negligence in diagnosis, treatment procedure etc. Evidence of failure in undertaking all reasonable precautions. Evidence of any other form of negligence in providing care and treatment.

Types of Negligence

-Criminal
-Civil
-Ethical Malpractice

Dr. N. B. Chandra Kala

A Medical Malpractice Victim's Guide to Compensation in New York - Part 1

Medical malpractice can cause significant and permanent injuries. Our society recognizes the right to obtain compensation if we are harmed by someone else, whether through an accident or by medical negligence. Negligence is typically defined as someone who is careless. In a medical malpractice case, negligence is defined as being a departure from good and accepted medical care. In an accident case, negligence is really someone's carelessness that caused harm.

Compensation is defined as the right to be paid for something that is owed. It's not a handout. It's not a give-away. It's not a winning lottery ticket, or a slot-machine jackpot. Accountability is the obligation to account for one's actions. Most people will agree that each person should be held accountable for their actions. In our society of justice, if a wrongdoer is not held accountable for their actions, there is a good chance that person will do that wrongdoing again and again. If we are a society of people who require that individuals take responsibility for their actions, then a wrongdoer is responsible not just for the happening of an accident, but also the injuries that arise from that accident. That's what compensation is about.

How does an injured medical malpractice victim get compensated for their injuries?

1. The injured victim and their family needs to meet with an experienced medical malpractice lawyer- someone who has handled cases like yours. The attorney will obtain your medical records from the doctors and hospitals who treated you.
Once all records are obtained, your lawyer will send your records out to a medical expert, usually someone who has the same specialty as the doctor who you believe caused you harm.

Only after confirming that there were (1) Departures from good medical care, and (2) That those departures were substantial causes of your injuries, and (3) That your injuries are significant or permanent, can a lawsuit be started on your behalf.

2. Compensation comes in one of two forms:

(1) A settlement, or

(2) A verdict

A settlement is a guaranteed amount that a doctor, hospital or their insurance company has agreed to pay to resolve your case. In order to make your settlement valid, there are specific ways in the State of New York to do this. The most important one is to have the settlement done in 'open Court', and place the settlement details 'on the record' with a court reporter. If the settlement agreement is not done in Court, and is done by letter between the attorneys, there must be specific details about the agreement in order to make it binding.

There was a recent case in New York where a lawsuit was brought by a malpractice victim and both sides eventually agreed to settle the case. The terms of the agreement were made and confirmed by letter to the defense attorney. Before the settlement could be processed by the insurance company, the victim died, and the insurance company tried to get out of the deal by claiming that there was no binding agreement to begin with. Unfortunately for the victims' family, a New York appeals Court agreed with the insurance company and held that since there was no valid binding settlement agreement while the victim was alive, there was no binding settlement once he died.

Needless to say, I'm sure the victim's family brought a legal malpractice lawsuit against their attorney.

Join me for the conclusion of this article titled "A MEDICAL MALPRACTICE VICTIM'S GUIDE TO COMPENSATION IN NEW YORK...Part 2"

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. http://www.oginski-law.com 516-487-8207

Why Using a Malpractice Lawyer is in Your Best Interests

If you feel as though you or someone close to you have been the victim of medical malpractice, using a malpractice lawyer will be in your best interests. Many people make mistake of thinking that once they sign the medical waiver or the documents the hospital or doctor gives you that they are automatically not held responsible if something were to go wrong. This is absolutely not true and you still have many rights. You did not waive any rights because you signed that document and many people are not aware of that fact.

No matter how minor the procedure, if something goes wrong during it or it becomes botched, your doctor and the hospitals are responsible. The same applies if a doctor misdiagnoses you or your loved one. A misdiagnosis can lead to serious injury if not caught. You could be taking treatments, medications or have procedures done that you would not have needed if the doctor or hospital had gotten the correct diagnosis. In this case it is imperative that you use a quality malpractice lawyer to help you know what rights you have and what can be done to ensure you get the compensation you deserve.

If you feel as though you are the victim of medical malpractice start keeping all the documents you have regarding your personal situation. This includes detailed records of doctor appointments, trips to the hospital, procedures done, medications taken or that your doctor prescribed as well as conversations you had with your doctor or in some cases multiple doctors. These documents can help your case against the hospital or doctors. If it helps, set up a special folder or notebook just for these documents and a record that you keep notes in. No matter how small or unimportant you think it may be, be sure to keep everything you have or receive.

Most victims of malpractice are not aware that if they use a malpractice lawyer, the doctors or hospital will often settle the case outside of court so they do not get bad publicity. They would rather pay the patient the compensation for their damages suffered than risk getting a bad reputation. Using a quality malpractice lawyer can help you determine what sort of settlement is adequate for what you suffered, or if you even have sufficient evidence to substantiate a valid suit. They can give you a good estimate on what you will need and how to get the most for what you are owed.

Every state has their own medical malpractice laws so it is imperative that you use a quality malpractice lawyer who can ensure you get your case filed in time and are able to receive the restitution you deserve. Most patients who go into a medical malpractice case alone only leave with a small percentage of what they would get had they gone in with a good medical malpractice lawyer. Legal counsel is experienced and familiar with malpractice and the laws as they apply in your state. Using a medical malpractice lawyer is in your best interests because not only will it help you get better compensation, it will help the whole process be smoother.

Have you or a loved one been a victim of medical malpractice? Exercise your rights and get the compensation you deserve. For more insights and further information on how to best utilize a Malpractice Lawyer as well as finding a wealth of resources that can help with your malpractice suit, please visit our web site at http://www.malpracticeinfonow.com

A Look at MICRA and Medical Malpractice in California

It is not the intent of this article to give an exhaustive treatise on MICRA, but rather to familiarize the reader with some of the highlights of the legislation that govern the prosecution of medical negligence cases from my perspective.

Although not strictly a personal injury case, most California personal injury attorneys consider medical malpractice to fall under the general banner of personal injury law. Many personal injury lawyers also practice medical malpractice law.

Specifically, medical malpractice is a case against a health care provider for substandard treatment of care recognized for medical practitioners in their community and causes further injury or death to a patient. The practice of medical malpractice law in California is governed by the Medical Injury Compensation Reform Act, or "MICRA" as it is commonly called. This Act, passed in 1975, regulates medical malpractice cases. The Medical Injury Compensation Reform Act is also in effect in a number of states around the country.

As the victim of a medical malpractice claim, one is able to collect, compensatory damages that may include the costs incurred around medical expenses, lost wages. A victim of medical malpractice may also be entitled to collect other special damages. Under the Medical Injury Compensation Reform Act restricts "general damages" or pain and suffering and emotional distress awards to a maximum of $250,000. The limit on the award for general damages holds true no matter how serious the injury caused to the victim.

The Medical Injury Compensation Reform Act also regulates attorney fees on a sliding scale that diminishes the amount paid to the attorney of the recovery. It must also be kept in mind that the costs of prosecution including costs of retention of expert witness and depositions are deducted from the settlement or court award prior to the calculation of attorney fees. In the typical personal injury case the usual custom and practice in the legal community is for attorney fees to be calculated as a percentage of the gross recovery.

The average person may think that regulating attorney fees and costs is advantageous to the consumer. This notion, in fact, is untrue; these types of regulations actually work against the consumer. Restricting the amount of fees an attorney can charge, changing the manner in which fees are calculated, and, most importantly, limiting the amount of general damages, makes it far more difficult for the victim of medical malpractice to find an attorney willing to represent their case. When injured victims cannot find counsel, the final result is often medical malpractice cases cannot be prosecuted in a cost effective and profitable manner. It is not uncommon for medical malpractice lawyers to speak to a prospective client who has already spoken to numerous attorneys trying to find representation, many times with no luck at all. Of course, discouraging medical malpractice cases was one of the primary objectives of MICRA as well as limiting just and deserved compensation to injured victims. It is also worth noting that the primary provision, including the limit on damages, has not changed since MICRA was enacted more than 30 years ago!

Most personal injury attorneys can answer your specific questions as to how MICRA would apply in the individual case. If you have a question about MICRA, or personal injury law in general please consult your local personal injury lawyer who can give you the specifics as to how your situation is impacted by the law.

Since 1985 San Diego personal injury attorney Jeffrey Frank has been representing medical malpractice claims. As a medical malpractice lawyer in San Diego, California, Jeffrey Frank offers comprehensive legal services for victims of substandard medical treatment.

Medical Malpractice - Your Case Is On The Trial Calendar - Can Defense Lawyers Talk to Your Doctor?

Your New York attorney has notified the Court that your case is ready for trial.

It's been two years since you started your medical malpractice lawsuit in New York. You must now wait months before being notified by the Court that jury selection is to start on a specific date. In the interim, your lawyer tells you that the defense lawyers want to talk to your treating doctor. The purpose? To get dirt on you and try and minimize your injuries and permanent damages. "Can they do this?" you ask.

The answer is yes.

Here's what happens when a lawyer notifies the Court in New York State that a case is ready for trial:

1. The lawyer must file a document with the Court called a "Note of Issue" that must be sent to all the lawyers in the case. That document tells everyone that the discovery phase of the lawsuit is over. Discovery is the opportunity for all sides to obtain records, documents and pre-trial testimony relating to the case. Once the "Note of Issue" is filed, that closes the door to any party getting additional discovery.

2. In New York, if a defense lawyer wants to talk to your treating doctor, they must get a permission slip from you to talk to them. Otherwise, the doctor, by law, cannot speak to anyone about your care and treatment. "But it's not fair," you say. "Why should they use my own treating doctor to say bad things about me, or to ruin my case with his statements?" you ask frantically.

Here's the rationale: When you bring a lawsuit for medical malpractice or personal injury, you put your medical condition in issue. You claim that as a result of a doctors' wrongdoing, you suffered permanent injury. The defense is entitled to learn about the extent of your injuries by getting your medical records, and if necessary to speak to your treating doctors.

3. Recent case law in New York has held that if a defense attorney wants to question your doctor after the case has been put on the trial calendar, they can, with some restrictions.

4. The defense lawyer must first tell your lawyer he wants to question your doctor. Your lawyer is then obligated to provide a permission slip, that you have signed, giving the doctor permission to speak to the defense lawyer. Importantly, that permission slip should say that the doctor is not obligated to speak to the defense lawyer, but can do so if he chooses. That authorization should also say that the purpose of the defense lawyer speaking to the doctor is not at the request of the patient, but solely to help the defense lawyer in defending a doctor or hospital in this case.

5. If your doctor voluntarily chooses to speak to the defense lawyer, that attorney is obligated to notify your lawyer of the date of any meeting or telephone conference with your doctor. The defense lawyer is also obligated to provide your lawyer with any written notes of the meeting or phone conference with the treating doctor. This is supposed to provide both sides with similar information about what was discussed.

The rationale is that the patient's attorney can speak to her treating doctor at any time, whereas the defense attorney cannot. That's why NY Courts have allowed this procedure to take place, to give the defense a chance to find out what the patient's treating doctor has to say, prior to trial.

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.

Elmira, NY Injury Lawyer Jim Reed

Jim Reed, a violation and abuse attorney practicing in New York and Pennsylvania, explains why it is important that an injured person by an attorney who limits her practice to be represented injury cases.



http://www.youtube.com/watch?v=GLMxHY-XBg4&hl=en

Factors in Medical Malpractice Claim

Medical malpractice occurs when a medical professional becomes negligent of his duties, which sometimes lead to injury or harm to a patient. As a result, injured patients and medical malpractice victims are left with no other recourse rather than to seek redress through legal means.

You have to remember that in the legal concept, medical malpractice is not limited to the conduct of doctors but also applies to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and other groups that provide health care services.

Before filing a medical malpractice claim, first you must be able to recognize the five warning signs of medical malpractice. How would you know if you are a victim of a medical malpractice? Here are the signs:

• When symptoms are recurring and you do not feel any better despite treatment, it is time for you to get a second or a third medical opinion

• When the symptoms do not match the diagnoses

• When diagnoses are purely based on laboratory tests

• A doctor attributes a common illness to an uncommon ailment. Sometimes a doctor may say that your headache is not an ordinary headache but a brain tumor.

• A diagnoses lack one or two other test parts.

If you experienced one of these signs, you are surely a victim of medical malpractice. When this happens, the best thing to do is hire the services of a lawyer who can help you file a medical malpractice claim.

To establish medical negligence, you must be able to prove the following:

• The existence of a duty by the health professional to the patient - There must be an existing relationship of provider-client in which a health professional is obliged to serve a client

• A breach in the applicable standard of care or a deviation from the standards - When a certain lowering of standard in service occur, it may be considered a breach of standards

• A causal relationship between the standard of care and the patient's injuries - The deviation in the service standards must have an effect on the patient's condition

• The injury of the patient - the nature, extent and condition of the injury

Factors Involved in Filing a Case

The decision to pursue a medical malpractice claim is the starting step in the recovery process. Medical malpractice laws are complicated and differ with each state. You have to find the proper lawyer who is acquainted with the laws pertinent to your case.

Another factor is cost involved in the case. In filing a medical malpractice claim, you have to be ready to shoulder the expenses of getting the services of expert witnesses. Expert witnesses and consultants are professional people who will dispute your doctor's statements.

After determining that you have a substantial claim, now you have to choose a lawyer who can best represent you in the case. In considering a lawyer, you have to look into the lawyer's experience, the number of cases he handled, etc. In getting the services of a medical malpractice lawyer, it is necessary that you check his backgrounds. Also, try to find out if he can work in your case on a contingency basis.

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your Doctor

1. You like your doctor

So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?

The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.

So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

2. What good will the money do for you?

This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.

3. Your doctor's reputation will be tarnished

Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.

4. Your doctor will be banished from his community

Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.

5. Your doctor will shut his medical practice

No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.

In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.

But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.

6. Your doctor may lose his license

Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.

The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.

7. Your doctor may alter your records

Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.

8. Your doctor may apologize and tell you it was all a mistake

There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.

Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.

9. Your friends and family may think you're a gold-digger

If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.

Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."

You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.

10. Your injuries aren't that disabling

There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.

Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.

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.
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-Shoulder Burn From Wrist Surgery

www.oginski-law.com Learn how a patient went for a "simple" surgery on the wrist, and returned with a third-degree burn on his shoulder. Find out from Gerry Oginski, an experienced NY medical malpractice lawyer, what has happened. For more information, go to www.oginski-law.com Gerry in person or by phone at 516-487-8207.



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Medical Negligence Compensation Claims

When you visit a hospital you expect to dealt with by professionals and looked after accordingly. You certainly wouldn't expect to catch any nasty viruses. If you feel you have incurred a virus or injury due to the actions (or lack of actions) by a doctor/nurse/surgeon, you may well be liable to make a medical negligence/clinical negligence compensation claim. And you should make a claim as it is your civil and legal right.

Unfortunately there are occasions when doctors fail to diagnose a condition in someone like cancer for instance. Cancer going untreated has serious implications because catching cancer at the right time has an effect on the treatment. And with some cancer, catching it at the later stages cannot be treated which would result in a serious illness or a reduced life expectancy. This is serious negligence and should not go with being reported.

On the other end of the scale there are occasions when someone is diagnosed with cancer or any other condition which is not present. Misdiagnosis can cause a great deal of stress and anxiety as well as unnecessary surgery and drug treatment. Some people actually develop illnesses from the drugs they shouldn't have been taking in the first place. And then the actual real illness goes untreated and could get worse.

Because medical negligence claims can be complex and some take months to sort out it is important to find a specialist solicitor with experience dealing with medical negligence claims.

If you have been the victim of medical negligence and are planning on trying to claim compensation, your case will heavily lie on medical evidence. You or your insurance will have to pay for these documents which can be quite costly. You will need to show that the person you are making the claim against owed you 'duty of care'. The duty of care is a general legal duty on all individuals and organisations to avoid carelessly causing injury to persons. It requires everything 'reasonably practicable' to be done to protect the health and safety of others at the workplace.

Claiming for compensation is very easy these days and will cost you nothing. 'No win no fee agreements' are in place which allows anyone to pursue a case without having to find legal costs. With medical negligence there will be the costs of the medical records which could cost anything from £50 to £200. This cost might be expected to come from you but there are some insurance that will cover these costs. Either way a good personal injury specialist lawyer will be able to tell you exactly what to expect. Lawyers will not take on medical negligence cases lightly so you will know what your chances are. Any cost incurred will be recover from the loosing parties insurance company so there really is nothing to lose.

Carolyn is the webmaster of Accident Consult, specialist in Medical Negligence Compensation Claims.

Medical malpractice lawyers

What is Medical Malpractice and what your rights as a patient. For more information, please visit; www.yourlawyer.com



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Medical Malpractice Lawsuits

Unfortunately, medical malpractice happens everyday somewhere in the world. Everybody has the right to get the medical treatment that they need. No matter what your problem is, you should be able to walk into your local doctor's office, find the answers to your health concerns and receive the treatment that you require. You should be treated with respect and dignity and everything that you tell any medical professional should be kept confidential. However this is not always the case.

Sometimes medical professionals do not provide the appropriate treatment or they do not provide the sympathy that their patients deserve. Medical malpractice law states that all patients should be treated with respect and the appropriate treatment should be given as and when is needed. When things do not go as planned, that is when medical malpractice lawsuits are filed.

Understanding Medical Malpractice Lawsuits

If you have been unfairly treated or if your doctor has overlooked a simple problem, you can file medical malpractice lawsuits against them. Doctors train for years to be able to help people and members of the public rely upon them to do their job properly. A misdiagnoses can really affect a person's life and in some cases it can even be fatal. That is why medical malpractice law exists. It is there to protect members of the public and to ensure that they receive the right treatment as and when it is needed. I

f you have suffered from a misdiagnoses then you will need to find a medical malpractice lawyer. There are many lawyers who specialize in medical malpractice law and finding one should not be a problem. However, finding a good one may take some time.

Ideally when you look for medical malpractice attorneys, you will need to look into their qualifications. You want somebody who is passionate about what they do and who will help you to get the compensation that you deserve. In some cases no amount of money can help you to get over the poor judgment made by medical professionals; however by filing medical malpractice lawsuits, you can help to ensure that a wrong diagnosis is not given to other people in the future.

Try and make an appointment with a medical malpractice attorney wherever possible. This initial appointment gives you a chance to ask various questions in order to see if they are the best person to help you. Test their knowledge on medical malpractice law. Perhaps do a little research yourself beforehand so that you know whether they are telling you the truth. Of course you should book an appointment with more than one medical malpractice attorney if you are to get the best advice.

Overall the right medical malpractice lawyer will be able to help you to get justice for any wrongdoing you have been subjected to by a medical practitioner. Medical malpractice law is set up to protect you and there are hundreds of medical malpractice lawyers who are wiling to get you the help and the compensation that you deserve.

To learn more about Medical malpractice lawsuits, check out the Free Consumer Review Web Site.

Best Los Angeles Attorneys

Given the healthy business profile in Los Angeles, it can be expected that there would be times when businesses would be involved in various legal matters, which include negotiating a merger or law suits. However, given that in these instances, businesses need to have people who would aggressively represent their interests, it is very important that businesses get the best lawyers possible. Unfortunately, there are some businesses, especially those that have just started their operations that are not aware of the sources from which they can get very good lawyers. The good news is that there are some steps that these businesses can take to help them get the best lawyer that would aggressively represent their interests in a number of situations.

Some helpful steps

One of the best ways for businesses to have access to very good lawyers is to ask for referrals from their colleagues in the industry. This is because given the legal matters that are involved in running a business; these businesses can refer some of the better lawyers that they have worked with in the past. In addition to this, businesses can also gain access to first hand information on lawyers from their colleagues. In the process of shopping for a lawyer, it would also be helpful for businesses if they asked for references from the lawyers they are considering. This can be very helpful because by interviewing not only the lawyer but also the references the lawyer would give, business owners can gauge the skill level of the lawyer based on how he handled the cases of his other clients. Another good way by which businesses can gain access to good lawyers is to ask other lawyers, which include their tax lawyers. This is because lawyers who have a good reputation among their colleagues can be considered some of the best lawyers given the respect that other lawyers have for them.

In a city like Los Angeles, getting a good lawyer is not a luxury but a necessity for businesses given the legal aspects that are involved in running and maintaining a business. The good news is that businesses can gain access to some of the best lawyers by employing simply knowing where to look and who to ask because knowledge on these can give businesses access to lawyers who would aggressively represent their interests in the legal arena.

Los Angeles Attorneys provides detailed information on Los Angeles Attorneys, Los Angeles Bankruptcy Attorneys, Los Angeles Business Attorneys, Los Angeles Criminal Defense Attorneys and more. Los Angeles Attorneys is affiliated with Los Angeles Criminal Defense Lawyers [http://www.e-LosAngelesLawyers.com].

Medical Malpractice Lawsuits - An Overview

A medical malpractice claim is filed by the injured party or someone acting on behalf of the injured party (e.g., executor of an estate in the case of wrongful death) against a defendant. The defendant can be the health care provider (e.g., specific doctor) as well as where they work (e.g., hospital, medical practice, etc.).

A plaintiff must be able to show the following four elements:
• The defendant owed a legal duty of care to the plaintiff (generally if someone goes to a health care provider for treatment this is satisfied)
• The duty was breached (this means that they acted in a way that was counter to their duty of care, unsuccessful procedures do not necessarily mean there was a duty of care breached)
• The breach of duty caused an injury (if the injury existed prior to the treatment and there is no additional injury then this element is not satisfied)
• Damages (pecuniary and/or non-pecuniary) must be established

The plaintiff must be able to establish the above four elements in order to succeed in a claim against a defendant. It is important to note that if a medical professional is following standard procedures and the treatment does not work or even results in death it is not necessarily medical malpractice. It is only medical malpractice when it can be shown that the defendant breached a duty of care (acted negligently). Examples of this type of negligence include giving the wrong blood, prescribing the wrong medicines, and performing the wrong procedure.

Only an experienced attorney apprised of all the facts of your case can determine if the four required elements can be met. It is important when discussing a case with an attorney that you provide as much information as possible including medical records. Damages awarded can include pain and suffering, loss of income, and compensatory and punitive damages.

If you are facing complex legal issues, the advice of medical malpractice attorneys, personal injury attorneys, or wrongful death attorneys is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.

Car Wreck Lawyer Chicago Illinois Truck Accident Lawyer

www.prescription-malpractice.com If You've Been in a car, truck or motorcycle accident, contact one of our attorneys in the Scanlan Law Group Chicago, Illinois at 877-494-1309. Our lawyers can help with your motor vehicle case now.



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Filing Medical Malpractice Claims

Filing a medical malpractice case is not a task done easily. Reputation of doctors needs to be kept in mind while going up against them. Truth will not be just enough if a case needs to be taken upon hospitals, insurance companies and doctors for their alleged malpractice. Medical malpractice as such may include any one of the following, surgical errors, hospital negligence, pharmacy errors, failure to diagnose, birth injuries, medication errors, cerebral palsy etc. Statistics have shown the rise in the number of medical errors. It is unfortunate that about quarter of a million deaths have occurred due to preventable medical errors.

We all know and must agree that medical profession is a very much essential service. To prove a case of medical malpractice one must try to hire highly educated and reputed lawyers who specialize on those issues. Florida medical malpractice lawyers are working in teams who specialize in medical negligence issues and supported by researchers and investigators. Physicians employed by the federal government can be brought to justice under the Federal Torts Claim Act. One must always bear in mind that doctors will go to any extent in order to save their reputation. So care must be taken while choosing lawyers who can do justice to a case.

Several points need to be taken note of when a client files a malpractice suit against a medical practitioner. Florida malpractice lawyers collect in-depth information about the laws governing medical malpractice. He then interviews the client to ask several questions to find out if the case is valid and the client is trustworthy person or not. As it is a serious case, the lawyer has to be careful in dealing with fraudulent clients. Unless there is any visible injury, court will not give any money. If a lawyer is shocked by hearing the case history, he can go ahead otherwise there is absolutely no use in taking the proceedings any further.

Another serious issue that Florida malpractice lawyers come over is that of hospital infections. Investigations by the Centers for disease Control has revealed that an estimate of 103,000 deaths was linked to such infections in the year 2000. It comes as a surprise that infections from hospitals form the fourth leading cause for death. Such infections may have come in the form of germ-laden instruments, unclean procedures, and not washing hands between patients by some doctors and nurses. If a client is affected by such procedures he can approach a lawyer to file a suit against the concerned doctors and hospitals.

For more information about Florida Malpractice Lawyer.

Personal Injury Lawyers - The Super Lawyers

www.elkandelk.com - With more than four decades of experience behind him, the medical malpractice and personal injury law firm Elk & Elk such a variety of cases handled, it is probably difficult to establish a practice, you will find more well-versed in personal injury law. Managing Partner Arthur Elk, who said more than 30 years experience as a trial lawyer, he would have no second thoughts about keeping one of the lawyers in his firm to represent him, this should create the need arise. Three Elk & ElkLawyers recently enjoyed the recognition when they called in Ohio Super Lawyers magazine, an expulsion of only five percent of the states enjoying Lawyers & Legal Policy, legal referral service for the publication of the magazine. www.elkandelk.com



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Seattle Car Accident Attorney - Allstate Insurance

Davis Law Group, PS - Seattle Personal Injury Lawyers help the victims of wrongful death, car accidents, medical malpractice, and more ... The Seattle personal injury attorneys at the Davis Law Group, PS are dedicated to the protection of your interests and handling your own case ...



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