New York negligence claims-What is a preparatory conference?

www.oginski-law.com in asGerry Oginski, an experienced New York medical malpractice, negligence, wrongful death and personal injury trial lawyer explains listen. Gerry practices law in Brooklyn, Queens, Manhattan, Bronx, Staten Iceland, Nassau and Suffolk. For more information on informative and educational Gerry's website, http or call Gerry personally go for answers to your legal questions at 516-487-8207. He welcomes your call and guarantees you a simple and honest answer. TheLaw Office of Gerald M. Oginski, LLC 25 Great Neck Rd, Ste. 4 Great Neck, NY 11021 516-487-8207



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

SUE THE DOCTOR AND WIN! Medical malpractice judgments, settlements and experts

AS SEEN ON TV - Sue the Doctor and Win! A victim Guide to Winning Medical Malpractice claims. A book for all those effected by medical malpractice or medical error.



http://www.youtube.com/watch?v=9832lAsAX7o&hl=en

In Case of Death - Part 2

So, you want to sue...

UNDERSTANDING A WRONGFUL DEATH LAWSUIT

Q: What is 'pecuniary loss'?

A: This is a term used to describe the financial loss that the family has suffered from the death of a family member.

If a person were earning $30,000 per year, and they were 35 years old, we could project over the next 30 years how much they could be expected to earn over their working lifetime. In many cases, we use an economist to make these projections. The economist uses tables, guidelines, and generally available statistics to help guide us in determining how much money that person would have likely earned over their lifetime. Naturally, some things can never be measured with absolute certainty. Companies can fold, go bankrupt, people can be fired, and their health can worsen. But on the positive side we also look at raises, bonuses, increased productivity, successes and factor that in as well.

Q: What if the person who died was not earning a living, or was retired? Can we still claim economic loss to our family?

A: Unfortunately, the answer in New York is no. The current law does not permit us to claim that the family suffered a financial loss if they were not bringing in an income. What about social security income? Usually it's not a significant amount. Considering that most people on social security use their monthly payments for basic necessities such as rent, food, and clothing for themselves. There's usually not much left over, if anything, to spend on family members or grandkids.

Q: Can family members recover for time they've been out of work while caring for a family member before they died?

A: The short answer is no. The longer answer is maybe. If it was a spouse, (husband or wife) who cared for their significant other while alive, then we can sometimes bring a claim for loss of services for that limited time period.

If the family had to hire and pay someone to do household chores; cook, clean, wash, etc., then we can try and claim those expenses as well.

However, where other family members took days or weeks off from work to help out with family tasks, the law does not really permit us to recover those lost wages. NOR DOES THE LAW PERMIT US TO SEEK EMOTIONAL DAMAGES FOR THE FAMILY'S LOSS OF THEIR LOVED ONE. This is the most tragic part of such a claim. The family has been devastated and they cannot recover compensation for their emotional suffering from the death of their loved one. If you want to change this law, write to your congressman and senator. This is the only way this will be changed.

Can you sue your employer?

Q: My husband was a construction worker who slipped off a scaffold at his job site. He broke his neck and died from his injuries. Can I bring a lawsuit against his employer?

A: No, not his employer. You can however bring a lawsuit against the owner of the property, the general contractor and any subcontractor that may have been involved with your husband's injuries and death.

HOW MUCH TIME DOES OUR FAMILY HAVE TO START A LAWSUIT?

In New York, in a case involving wrongful death, you generally have two years from the date of death within which to start suit. HOWEVER, BEWARE OF THIS WARNING-
There are many exceptions to this rule!

THE TIME TO FILE A LAWSUIT MAY BE LESS IF YOU NEED TO SUE A CITY, STATE OR MUNICIPALITY OR A CITY OR STATE HOSPITAL.

In those cases, your time to file a claim (which is different than filing a lawsuit) is generally 90 days from the date of the incident. You would then have only one year and 90 days within which to start a lawsuit.

The bottom line is that even if you suspect you might want or need to bring a lawsuit for your loved one's untimely death, speak to an experienced New York lawyer immediately so you don't lose your precious legal rights. Once those rights are gone, it's difficult if not impossible to get them back.

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 casesfor 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

Dental Malpractice

An interview with Attorney Edward Goldman about dental malpractice. Orig Air Date: 20 November 80



http://www.youtube.com/watch?v=h3YQKg0a3V8&hl=en

New York Malpractice Lawyer / Attorney at Dankner & Milstein

Dankner & Milstein, PC www.danknermilstein.com The law of medical malpractice compensated persons of providers that provide medical care below the standards that are accepted by their profession injured. Providers include hospitals, clinics, medical groups and their employees, as well as individual physicians, physician assistants and nurses. Examples of medical malpractice claims do not include timely and accurate diagnosis of diseases such as cancer, failure to manage adequately, or to interpretmedical tests and studies, incorrect delivery of newborns, claims improper or unnecessary surgical procedures and blood product contamination. Malpractice claims can also warn of improper prescribing of drugs or failing to stop the known side effects or contraindications inherent in any drug to. Call us at the possibility of a medical malpractice case without any obligation or consultation fee .. 1-800-417-6444 to discuss



http://www.youtube.com/watch?v=Jp5aplhwPrs&hl=en

Veterinary Malpractice

Malpractice suits are filed in cases pertaining to negligent treatment of animals. It is generally expected of a veterinarian to live up to a special standard of efficiency and competence. If a veterinarian fails to treat an animal pursuant to the standard of care provided by other professionals specializing in the field of veterinary science, he or she ends up committing malpractice, better known as veterinary malpractice. For instance, when the pet dog is not given a certain vaccine which is the standard of care offered by every other similar professional at a time when the pet's condition is deteriorating, the veterinarian commits a malpractice.

The owner of the pet often approaches a skilled and competent veterinarian based on the reputation made by him or her in that geographical location. These vets are also licensed by the State Licensing Board. When the service pursuant doesn't seem to recover, the owner has the right to take a second or third opinion. But in case the animal succumbs to the treatment, the owner of the pet can take action against the veterinarian.

Animal laws and procedures are different in every state. Not only this, but often the case filed helps to recover only the market value of the pet as pets are seen as a property like household goods. But changes are being made in some state laws to recognize the special bonding between the pet and its owner.

Normally the owner of the pet animal will try to reach a compromise with the veterinarian. In other cases, the owner of the pet registers a complaint with the State License Board that issues license and supervises the veterinarians. The board takes necessary action as revealed through their review and investigation of the case. The owner of the pet may even file suit against the veterinarian or the veterinary hospital - even though the case may be expensive and time consuming. Such checks on the veterinarian practices will also help to curb the possible veterinary malpractice.

Malpractice provides detailed information about malpractice, legal malpractice and more. Malpractice is affiliated with Atlanta Personal Injury Lawyers.

NEW YORK CAR ACCIDENTS Do You even have a lawyer?

www.oginski-law.com Listen in asGerry Oginski, an experienced New York car accident lawyer lawyer said in Manhattan, Queens, Brooklyn, Bronx, Staten Iceland, Nassau and Suffolk, why in some cases, automobile accident, you do not even need a lawyer. Find out why some injuries in an accident need not even rise to the level of pursuing a civil claim in the U.S. state of New York. For more information, visit Gerry's educational Web site, http or call Gerry personally to your legal questions answeredAt 516-487-8207. He welcomes your call. The Law Office of Gerald M. Oginski, LLC 25 Great Neck Rd, Ste. 4 Great Neck, NY 11021 516-487-8207



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

Medical Malpractice - You Walked Into The Hospital But Came Out Paralyzed

"You're in good hands," says the nurse in the office.

"Nothing to worry about," says your internist who clears you for surgery.

"It's a routine procedure," says the doctor who is going to operate on you.

"Why then is my husband paralyzed after this surgery?" asks a frantic wife to the surgeon.

The answers don't really matter since all you care about is getting your husband better to walk out of the hospital again. He went in relatively healthy, and now he's in a wheelchair and can't walk, most likely for the rest of his life! "What happened?" you scream in your head.

Feelings of anger, frustration and a lack of communication with the doctors and nurses create a big question about whether your spouse received appropriate medical and surgical care. Many doctors, nurses and hospital staff are often afraid to admit their mistakes for fear of being sued. What they don't realize, is that by their refusal to acknowledge their errors, this creates the push to sue to find out exactly what happened and why.

There have been many studies showing that if doctors, nurses and hospital staff spoke openly to patients and their families many of them would understand and decide not to sue. In fact, many Veterans Administration hospitals have adopted an "I'm Sorry" policy that compels the doctors and nurses to admit when they've made a mistake, take responsibility for their actions, and then focus on ways to improve the injury and get the person healthy again. Not many New York hospitals or medical malpractice insurance companies in New York have adopted this school of thought. That leaves the family to sue to get answers to pressing questions: Why did my husband become paralyzed when this was a 'simple procedure'?

This strong sense of anger and lack of information create a sense of hopelessness, fear and lack of control. That's when most people start asking friends and relatives for advice on what to do next.

What can you do? Only by conducting a thorough investigation and having all of your spouse's medical records evaluated by medical experts can you determine what exactly went wrong that caused these terrible injuries.

There are many lawyers 'out there' who advertise in all different places...yellow pages, billboards, radio, TV, newspapers, online...how do you know which one is right for you? Your friend used a great lawyer for her car accident case, but you don't think he handles malpractice cases. Your neighbor is a real estate lawyer...he's not going to be able to handle this. You'd love to call a Courthouse and ask someone who works there, who they think the best malpractice lawyer is...but how do I find the right person to ask? You could go online to look for a lawyer near you, but how do you distinguish one lawyer's website from another?

All of your questions are valid. There are so many attorneys, all with different experience and qualifications. That's why you need to look for an attorney that provides you with information about lawyers and lawsuits before you ever pick up the phone and call, and before you ever walk into an attorney's office to talk about your case.

When searching for your lawyer, look at their experience, their results, their knowledge of malpractice cases like yours, and what information they offer. Have they written or published anything in their field of law? Have they created instructional videos to help you, the consumer, decide which is the best attorney for your case? Look critically at they information they provide, then make your informed choice.

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.

New York Medical Malpractice-Improper Knee Replacement

www.oginski-law.com in asGerry Oginski, an experienced NY Medical Malpractice, negligence, wrongful death and personal injury trial lawyer explains consult a lawyer in Manhattan, Queens, Brooklyn, Bronx, Staten Iceland, Nassau and Suffolk, as a partial knee replacement was ruined. Find out why these patients require corrective surgery only four months after first of its operation. For more information go to Gerry's informative website http or call Gerry personally answers to your legalQuestions to 516-487-8207.



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

Medical Malpractice - Failure To Diagnose A Heart Attack

How does a doctor "fail to diagnose a heart attack?"

In one of two ways:

1. He fails to recognize the signs and symptoms of an impending heart attack, or an ongoing heart attack, or

2. He fails to properly interpret the tests that were taken.

Let's talk about #1 above. Typically, a patient will go to a hospital emergency room with complaints of belly or chest pain. The pain could be radiating from the chest to the shoulder or arm. The patient might be sweaty and clammy. They could be experiencing crushing chest pain. The problem arises when the patient's complaints are not typical for what is commonly seen in a heart attack victim.

The words "heart attack" are a misnomer. What do I mean? The doctors refer to a heart attack as a "myocardial infarction." It basically means one of two things: (1) That part of your heart muscle has died, or (2) The blood vessel(s) that supply the heart with blood and oxygen has been cut off, causing part of your heart to starve and possibly die.

When we hear that someone has had heart bypass surgery, it usually means that one or more of the blood vessels that supply the heart with blood and oxygen has been restricted or obstructed, and surgery was done to allow blood to 'bypass' or go around the obstruction.

Sometimes when a patient presents to a doctor or an emergency room with an upset stomach or back pain, the doctor may not correctly interpret the symptoms, and may incorrectly diagnose the patient as having a gastric problem (a problem with their digestive system) and not a cardiac problem. The problem arises when the patient returns home and hours or days later, they die as a result of a 'heart attack'.

Let's discuss #2 above, where the doctor incorrectly interprets the EKG or a stress test, and thinks it's normal, when in reality it is not. Again, the patient is discharged home with instructions on diet and exercise and to follow up with their doctor or cardiologist in a few weeks. Needless to say, the patient returns home and days, weeks, or even months later, the patient dies of a heart attack.

What does a New York medical malpractice attorney look for when evaluating a claim of "failure to diagnose a heart attack?" Your attorney needs to know the following:

1. If you had been correctly diagnosed at the time you had symptoms, what treatment would you have had? Would you have had a stent put in your cardiac artery or vein (a stent is a device designed to open up a clogged artery or vein, and is put in using a catheter, instead of having major open-heart surgery)? Would you have received nitroglycerin to help ease the flow of blood and reduce your pain?

2. Would you have had elective open-heart bypass surgery? By elective, I mean that you have had time to discuss the surgery with your doctor and learn about the risks, benefits and alternatives to the surgery. Sometimes when a patient has had a heart attack, tests might reveal that many of the blood vessels supplying the heart are severely clogged. The patient may then need emergency bypass surgery, and you may not have a chance to discuss any alternatives, as there may not be any at that point.

3. If elective bypass surgery were done, and there was no blood vessel that remained clogged, would you have suffered the heart attack that you ultimately did? If the answer is no, then your potential malpractice case just got stronger. In other words, if your injuries were preventable if you had been timely diagnosed, you would not be in the condition you're in now. That's very significant and important.

Recently, I had the privilege of representing a young man whose cardiac condition was misdiagnosed. He had gone to a hospital with complaints of chest pain that was incorrectly diagnosed. He was told to follow-up with his cardiologist to address his ongoing complaints of chest pain. Three months later, this young man suffered a devastating heart attack, killing off a large part of his heart muscle. When the records were reviewed by cardiologists (heart doctors) we learned that the doctors initially misread the diagnostic tests that were performed, and missed the key opportunity to perform elective heart bypass surgery. As a result of that failure, months went by where the young man continued to complain of chest pain. The heart attack has destroyed this man's life. Unfortunately for him, his heart attack was totally preventable.

A heart attack may be preventable. Let your lawyer know what symptoms, if any, you had when you saw your doctor and what was done for you. Tell your attorney the details of what went on in the emergency room and what tests they performed to find out if you had or were having a heart attack. Prevention is always best. Knowing that a heart attack could have been prevented is second best.

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

MRSA Compensation Claims

MRSA stands for Methicillin-resistant Staphylococcus Aureus. It is also better known and referred to as the 'superbug.' It has been around since 1961 despite popular belief. It was only in the early 90's that it spread quite dramatically and caused health problems and even death to many people in the UK. According to the UK office for National Statistics, they sadly reported 1,629 MRSA-related deaths in England and Wales during 2005.

The virus can be easily spread by merely being in contact with someone who has it, but it can also be spread through contact with towels, sheets, clothes, dressings or other objects. The MRSA virus can also survive on objects and surfaces such as door handles, sinks, floors and cleaning equipment. You can diagnose MRSA through blood and urine tests

The baceria is called Staphylococcus Aureus and apparently 1 in 3 of us carries it on the surface of our skin or in our nose. This generally causes no harm if the carrier is healthy; however if a carrier comes into contact with a vulnerable patient, i.e. someone with lowered immune system, a person with open wounds or someone who has just had surgery the they can pass the infection onto these people.

If the bacteria Staphylococcus Aureus gets into your body through a break in your skin it can cause infections such as boils, abscesses, or impetigo. If the bacteria gets inside into your bloodstream it can cause more serious infections such as the blood poisoning, septic shock, severe joint problems, bone marrow infection, internal abscesses anywhere within the body, inflammation of the tissues that surround the brain and spinal cord, lung infection or infection of the heart lining.

Trying to prevent the spread of MRSA is a tricky business. The measures to prevent the spread of organisms from one person to another are called isolation or infection control. The most important type of isolation is called contact isolation where everyone in contact of the MRSA sufferer has to wash their hands after touching the patient or anything to do with the patient. If there are a number of patients infected with MRSA then moving them to an isolation unit is the safest way to minimise the spread.

Unfortunately more and more people are going into hospital for minor illnesses or ailments only to catch MRSA and end up far sicker than previously. It is worth pursuing a compensation claim if this happens to you as you shouldn't have caught this virus and suffered in this way. You are well within your rights to make a claim for compensation even though it can be difficult to prove clinical negligence. A professional lawyer should be enlisted to help you. There is no need to worry about lawyers fees as there is the 'no win no fee' agreement that allows anyone to take on a compensation claim. The lawyer will be working for free and only in the event of the winning case will the lawyers fees be paid via the insurance of the losing party. If the case is lost there is insurance to cover fees.

Carolyn Clayton is the webmaster for accidentconsult.com, experts in claiming compensation for MRSA.

Orlando Medical Malpractice Lawyer

Orlando Medical Malpractice Lawyer Carolyn Salzmann said the standard of care, which is used in Florida medical malpractice processes to determine whether a doctor or nurse has been negligent. If a doctor offers deviation from the standard of care and not an appropriate treatment is often the result of serious injuries. If you or a loved one is the victim of medical errors are, contact Orlando determine medical malpractice lawyers of Morgan & Morgan, if you are entitled to theCompensation. Come check www.forthepeople.com for a free case.



http://www.youtube.com/watch?v=yS83gIOo7Vo&hl=en

Medical Malpractice Without Another Frivolous Time-Wasting Lawsuit

If you are thinking about filing a lawsuit for medical malpractice, there are some things that you need to ask before you run out and seek legal services. Since you are going to invest a significant amount of time and money, make sure that you can answer yes to at least one of the following questions:

Did your doctor fail to diagnose or treat your disease in a timely manner or was there a delay in your treatment that made it worse?

Did your doctor fail to notice and act upon an abnormal test result?

Did your doctor fail to order the correct tests or did your doctor fail to refer you to a specialist for additional testing or treatment in a timely manner?

Did the injury in question occur while you or a family member was under the care of a physician, a hospital or a health care provider?

Did your prescription medication cause you injury?

Did your doctor fail to fully disclose specifics of your medical condition or all the risks of your surgery? If so, was the injury a result of one or more of those undisclosed risk factors?

Were you injured because the doctor or the hospital staff was not fully trained in the use of medical equipment or were you injured due to faulty equipment during a medical procedure?

Were you improperly rushed out of a hospital or from your doctor's care? Was that instrumental in worsening of your condition?

Do the records show someone questioned the diagnosis, or the appropriateness of specific procedures, tests or treatment provided?

Did your doctor or hospital fail to advise you or provide you the best treatment options for your condition?

If you can answer yes to any of the above, then it is time to back it up with medical facts. You need to do this by getting a second opinion from the appropriate physician in the field of medicine that is specific to your issue. Your attorney can direct you to the local expert physician in that area of medicine for your second opinion. This act, by itself, is paramount to the strength of your case.

You should also have a checklist [http://www.legal-services-for-less.com/medical-malpractice.html] of some of the common items an attorney will ask you to present or do to strengthen your case. If you do these self-organizing tasks, you will better your chances of having a successful medical malpractice case to get the compensation you deserve.

Curtis Collins is a legal services consultant since 1999 and the website author of [http://www.legal-services-for-less.com]

Arrogant Doctors NY Medical Malpractice Lawyer Explains

www.oginski-law.com Have you ever talked to a doctor who has a chip on his shoulder? Have you ever went to visit an office where the doctor was condescending and looked at you? He (or she) is perhaps the best doctor, but something about this attitude disturbs us. In this video I explain the arrogance of a physician in a radio advertisement, which I recently heard. Watch video to find out what he said. If a lawyer were so arrogant in their advertising, not only everyone would turnfrom, but it would probably get him in trouble, too. Watch video to find out why. To learn more about how to work medical malpractice cases, inNew York, I encourage you to visit my website http If you have legal questions, I beg you to pick up the phone and call me because I can answer your legal questions on 516 -487-8207 or e-mail to lawmed10@yahoo.com. I look forward to your call. The Law Firm of Gerald Oginski, LLC 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 lawmed10@yahoo.com



http://www.youtube.com/watch?v=7VRkoL44q9I&hl=en

Malpractice Lawsuit

When a professional does something improper, immoral or illegal while performing his duties either intentionally or because of carelessness or ignorance, he is said to have committed a malpractice. The professional here fails to follow generally accepted standards and guidelines causing damage to the client or person using his services. The most talked about malpractices are medical practices (applicable to physicians, surgeons, dentists) and legal malpractices (applicable to lawyers). Though, legal suits for malpractices against accountants (in the case of Arthur Andersen) and investment advisers (in the case of Merrill Lynch) have also been reported.

A malpractice lawsuit alleges the professional of negligence, of not performing as per the legally prescribed standards thus not protecting the client against unreasonable risk. Doctors who provide bad, unskilled and negligent treatment cause injuries to a patient. Similarly a lawyer who fails to file a suit on behalf of his client within the limitation period prescribed by the law is negligent in his action. Many states have passed laws codifying well-defined standards of the profession in order to establish whether a particular treatment or service provided was negligent or not.

A physician can prevent a malpractice lawsuit from going to the court by following simple procedures. He should increase clarity of his notes provided to the patient besides improving communication and fixing lapses in patient service. He should avoid all non-clinical errors and add a consent-to-settle clause before treatment. A mild apology sometimes settles the issue amicably if the consequence is not severe.

It is generally accepted that malpractice lawsuits should be filed to claim damages from the erring professional. At the same time, it is not a good practice to sue a professional for frivolous reasons when the professional has not committed a mistake or erred while dispensing his professional duties.

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Definition of Malpractice

George Washington, the first president of the United States, died in 1799 when about two and a half liters of his blood was lost--approximately half the amount of the average blood content in a man's body. What is more surprising is that Washington was not even injured then. Three successive doctors deliberately bled him in an attempt to cure his sore throat.

In the anecdote above, the doctors really intended to treat the former US President of his disorder, but they ended up killing him instead, unintentionally of course. This professional misconduct is what we call malpractice.

Malpractice is any act or behavior of a professional that does not meet the standards of his profession. Often, this results to provable damages to his patients or clients. Such misconduct or omission of wrongdoing may be due to negligence, ignorance of something he should have known, or intentional fault. However, the exercise of professional judgment, no matter how detrimental it is to the patient or client, is not considered malpractice.

Except in cases of really obvious and/or intentional misconduct, to prove malpractice, there should be:

(a) an expert's testimony as to what really is the acceptable standard of care applied to the specific behavior which is claimed to be malpractice, and

(b) the expert's testimony that the professional was not able to reach such standard. The defendant can then get his own expert to contradict that testimony.

Professionals who are prone to lawsuits based on allegations of malpractice include lawyers, physicians, nurses, dentists, accountants, architects, teachers, engineers, and real estate brokers.

In order to file a complaint of malpractice against a professional in some states, there must be a written demand or notice that gives the institute, say hospital or university, where he is practicing his profession, a chance to settle the matter before a suit is filed.

The primary reasons for observing malpractice among professionals and their clients are really unfounded. Actual malpractice cases, on the other hand, are mostly based on being unhappy with the result of services rendered even if they turned out well, miscommunication between professionals and their clients, feeling of anger toward the professional, and greed.

Malpractice provides detailed information on Malpractice, Medical Malpractice, Medical Malpractice Attorney, Dental Malpractice and more. Malpractice is affiliated with Whistleblower Protection Acts.

Medical Negligence - Find Out If Your Case is Sound

When doctors or medical professionals fail to perform the duty expected of them, and cause injury to the patient under their care, it is termed as medical negligence. The law entitles victims of medical negligence to sue the medical professional responsible for the injury.

Are you suffering injury due to your doctor's mistake? If so, your best option is to hire a lawyer to sue your doctor. A lawyer who specializes in this branch of law will help you prepare the groundwork for your case and fight it in court.

The law offers you the following remedies in case of medical negligence:

o Damages: This refers to compensation that is awarded to you to make up for the injury you suffered.

o Punitive action: This means that the offending doctor or medical professional will be punished according to law.

If you are seeking damages for medical negligence, you need to do a basic check to see whether you have a 'sound' case. Here is a checklist of four questions. Answering 'yes' to these questions indicates that your case has the potential of winning compensation.

Q1. Is your injury the result of medical treatment under the supervision of a qualified doctor or medical professional?

Q2. Is the injury the result of the doctor or medical professional's failure to meet an acceptable standard of medical care? This could be either because he failed to adequately diagnose your condition, diagnosed it wrongly, or because he prescribed a wrong line of treatment.

Q3. Do you have evidence-in the form of an expert's testimony-that the treatment provided was wrong or caused you injury? In a medical negligence claim case, it's likely a medical expert will be hired to examine your records to determine if there is negligence and how you have been affected.

Q4. Can you substantiate the amount of damages you are claiming with the injuries-whether in the form of physical distress, mental trauma, or financial loss-that you suffered?

Diana Joseph has an in-depth knowledge in dealing with injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.

Telling A Little White Lies

Learn how a distortion of the truth, even slightly, can be devastating consequences for your case.Gerry Oginski, an experienced medical malpractice and personal injury trial lawyer practicing in Brooklyn, the Bronx, Queens, New York, Staten Iceland, Nassau and Suffolk have said. For more info: www.oginski-law.com Gerry in person or by phone at 516-487-8207.



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

First, Do No Harm

The Hippocratic Oath is an oath taken by physicians that pertains to the ethical practice of medicine. It is believed that Hippocrates, the father of medicine, wrote the oath in fourth century B.C.. The oath was written in Greek but translated into English; it basically states that the first and foremost aspect of the ethical practice of medicine is to do the patient no harm.

Wikipedia defines medical malpractice as follows: "Professional negligence by act or omission by a health care provider in which care deviates from accepted standards of practice in the medical community and causes injury to the patient." Simply put, medical malpractice (often referred to as medical negligence) is care that is below the standard of what some other doctor would have provided under the same circumstances.

Medical errors can take many forms including:

o Surgical errors
o Birth injuries
o Anesthesia errors
o Emergency room errors
o Nursing home abuse and neglect
o Prescription errors

Proving Medical Malpractice

There are four elements that must be present in order to prove negligence in a medical malpractice claim:

o A duty was owed
o A duty was breached
o The breach caused injury
o Damages (without damages, there is no basis for a claim)

The fourth element, damages, may include compensatory damages (economic and non-economic) and punitive damages, which are typically only awarded in cases of wanton and reckless conduct. Economic compensatory damages include financial losses such as lost wages, medical expenses, and "life care" expenses (rehabilitation, home-care nurses, wheelchairs, etc). Economic compensatory damages can be assessed for future losses, also. Non-economic damages are assess for the injury itself such as loss of vision, loss of a limb, reduced enjoyment of life, severe pain and severe emotional distress.

If you or a family member has suffered or died due to a medical error, there is legal help available. An experienced medical malpractice attorney knows both the legal system and the medical system and can hire experts to analyze your case and then provide expert testimony later. Only an experienced medical malpractice attorney is able to interpret your medical records and apply the legal analysis necessary to know if you have a case or not.

Many medical malpractice attorneys work on a contingency basis, which means they do not charge a fee unless they win a monetary award for you.

If you live in the Dallas area or a surrounding area of Texas including Ellis County, please visit the website of medical malpractice attorneys Polewski & Associates today. We have represented medical malpractice victims for decades and have the knowledge and experience necessary to get you and your family the justice and compensation you deserve.

Doctor Not Board Certified - Is He More Likely to Commit Malpractice?

The answer is "No."

There are plenty of board 'eligible' doctors that are excellent at what they do.
There are plenty of board certified doctors that are excellent at what they do.

On the other hand, there are a handful of doctors who are board eligible and doctors who are board certified who may be 'educationally challenged'.

Just because a doctor is not board certified does not, by itself, mean that something was done wrong if you suffered harm by a doctor or hospital.

Board certification is the highest certification a doctor can achieve in their specialty. It means they have the basic foundation for their specialty and have obtained all the pre-requisites needed in order to sit for and take the national exam. In most specialty board exams, there is usually a written part and an oral component as well.

Many doctors who have finished their residency training are required to wait two years in order to accumulate enough experience in order to sit for their oral exams.

A doctor who has taken their board examination and fails, remains 'board eligible' and can retake the exams at a later date. When a doctor has taken the exam multiple times and has been unable to successfully pass the exam, that information may raise a red flag to an attorney who represents an injured victim while under this doctor's care.

To answer the question raised in the title:

The fact that a doctor is board eligible and is not board certified does not mean, in and of itself, that the doctor is deficient or departed from good medical care. A detailed review of the facts might confirm that the physician did not have the knowledge necessary to properly treat a particular patient. That is why each case is different and requires a full and thorough evaluation of the patient's records. In New York, we are also required to have a medical expert confirm that (1) there was wrongdoing; (2) that the wrongdoing caused injury; and (3) that the injury is significant and/or permanent.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney. His video blog can be found at http://nymedicalmalpracticevideoblog.com where he offers free educational video tips to explain how lawsuits work in New York. You are encouraged to explore Gerry's popular website, http://www.oginski-law.com. Read his free special reports & books on malpractice and accident law. We have over 250 FAQs to the most interesting legal questions. For more information, call him personally at 516-487-8207.

Are You A Victim of Medical Malpractice-Informed Consent

You should know what is "informed consent". Informed consent is to be obtained from well informed patients about their own health care in making decisions on their own free will before the patient is subjected to serious treatment or operation. This is a legal obligation and it is the ethical right of the patient.

The patient should be aware of his rights and participate in the discussions and decisions. And he should be given the freedom to decide on:

1. the alternatives to the proposed operation or treatment.

2. the process and its nature

3. the risks involved

4. the extend of the uncertainties involved

And if needed repeat the explaining part in a simple layman's language and make sure he understood and accepted the proposed course of treatment/operation.

The informed consent should be legally valid and the patient should be in a competent state of mind and his consent must be voluntary. In certain cases the patients feel helpless and vulnerable to any coercive tactics. And he or she should be made comfortable and relaxed before the consent form is signed.

The informed consent process should be a clear acceptance of the proposed treatment or surgery and on his/her own free will. To improve the confidence of the patient, he should be allowed to seek a second opinion. This action will make sure the informed consent is a very well informed comprehensive consent.

In some delicate cases, the Doctor may be constrained to withhold certain portion of the information. This is physician's discretion in the best interest of the patient. This is also tailored information supplied to obtain the patient's informed consent.

Let, Us, Help,Lawyer, Advice - "Medical Malpractice Lawsuits".

Medical apathy Overview

www.access-legal.co.uk Medical negligence overview. Richard Follis of Access Legal of Shoosmiths an overview of the expertise of our team and medical malpractice, how we can help you



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Fort Lauderdale Attorneys Tell All - How To Win In A Medical Malpractice Case

No Holds Barred: An interview with a Fort Lauderdale Attorney about Medical Malpractice

Did he ever score a win? He smiled, with the knowing smile of Mona Lisa. Medical Malpractice cases have seen days in court and most of the victims have been rewarded relief, however no amount of financial reward can ever compensate for the loss of a future, atop an operating table.

Joshua, 19, lost not just a limb, but a life-long career; Daniel, the chance to see his son’s smile again.Medical malpractice cases have gripped the headlines in the past years; most recently, a plaintiff who was a promising football player, went to see a surgeon for his chronic back pain. When he woke up he can no longer play, nor walk ever again. $11.7 million was huge payback, when an Atlanta Circuit Court Judge ruled in his favor, but to be confined in a wheelchair for life was never a happy bargain. Nevertheless, Joshua was thankful that he now has money to bankroll a future, whatever is left of it, for him.

How difficult it is to win, or lose in a medical malpractice case?

A Fort Lauderdale Attorney, who has built an expertise on medical malpractice, came forth with some answers to most frequently-asked questions:

Q: What qualifies an act as a medical malpractice

A: When a negligent act, which causes injury to a patient receiving medical care is caused by a medical professional, such as a doctor, nurse, therapist, hospital technician, hospital worker, dentist or by anybody else in similar category, there is medical malpractice.For more details about medical malpractice, Fort Lauderdale Lawyers have the expertise.

Q: Is every negligent act committed by a medical practitioner, a medical malpractice A: For a negligent act to be considered a medical malpractice, three (3) requisites must concur:

1.) the medical professional has a duty to provide medical care to someone

2.) the negligent act caused the breach of duty

3.) an injury directly resulted from such breach. Fort Lauderdale Attorneys encourage those harmed by a medical malpractice to seek immediate legal intervention; filing of the case has specific time period, which varies from state to state.

Q: What is “standard care”?

A: “Standard care” is the yardstick used to determine if the negligent act committed by a medical professional is actionable or not. The negligent act should be established as a willful deviation from “standard care” that a prudent and reasonable medical professional would give to patients in his care, under similar circumstances.

Q: Define a “patient”?

A patient is one who receives medical attention, or under medical care.

Q: What is the first step that a plaintiff should undertake when filing legal action for medical malpractice?

A: Through his counsel, the plaintiff should file a “Certificate of Merit”. This is a document, which describes that before a medical malpractice case is pursued in court by the plaintiff, all his relevant records and information about the case underwent close scrutiny and evaluation by a medical expert; when evidence purports merit to file an action in court, lawyer for the plaintiff should file first a “certificate of merit”. Florida Malpractice Lawyers [http://www.booneanddavis.com/areas.php] explain that “Certificate of Merit” is a pre-requisite to filing a medical malpractice case in court.

Q: Is there a prescribed period for filing a medical malpractice case?

A: When in Florida, Florida Injury Lawyers take on medical malpractice cases with sense of urgency. More than the financial reward that they could win in favor of their client, they also believe that a speedy dispensation of justice, appease the tragedy that falls upon every victim of medical malpractice. You should talk to your lawyer immediately, detailing to him relevant information regarding your association with the defendant before, during and after the incident. Specific periods for filing, varies from state to state.

Q: In a nose job, if the patient does not get the “ perfect” nose she wanted, can it give rise to a medical malpractice case?

A: No. For a medical malpractice case to prosper in court, there should be a deviation or breach of duty to render standard care upon the patient, and such breach caused an injury to the patient. A less-than-perfect nose job does not merit an actionable negligent act.

Q: Doctors make their patients sign a “consent form” before they perform a clinical procedure. In the event of medical malpractice, does the consent form affect the outcome of the legal action?

A : No, it does not prevent the aggrieved party from seeking relief for damages, provided the requisites for a medical malpractice case are met.

Q: Is medical malpractice a “winnable” case?

Again, that knowing smile.

Don't pay until you win your case. Florida Lawyers guarantee offering for over 25 years.

More Florida Attorneys advice and tips for your case.

3 Things To Know When You Cross-Examine a Doctor at Trial

Your client has accused a prominent doctor of malpractice. Her case goes to trial, and your first witness is the well-respected doctor. How do you cross-examine him?

1. Learn as much medicine as possible that's involved in the case.

You have to be a mini-expert on the medicine before ever getting up in Court to question the doctor. Read medical textbooks, medical literature, and use other physicians as experts to teach you the medicine.

2. Ask only leading direct questions.

You must keep a tight leash on any witness whom you cross-examine. If you ask an open-ended question ("Tell us why the patient bled to death Doctor...") you will suffer the dire consequences of a 10 minute lecture to the jury by this medical witness. Big mistake. You don't want the jury to see how educated and wonderful this physician is. You want them to see how he answers YOUR questions.

"You operated on Mrs. Jones 1 year ago?"

"You perforated her aorta while examining her nose?"

"The patient bled to death as a result of that puncture, correct?"

"Good medical practice dictates that when doing this procedure you should stay away from the aorta, correct?"

"The aorta is not in the surgical field, right?"

Do not ask "So how is it that you ruptured the aorta while doing this procedure?" (That's an open ended question.) Instead ask "Did you expect to puncutre the aorta during this procedure?" "What steps did you take to make sure the puncture did not occur?" ...and on it goes.

3. Do not ask a question when you don't know the answer!

During the course of a lawsuit you will have plenty of opportunity to learn everything about what happened. In New York, this is called the discovery phase of the lawsuit. If you are at trial, and do not know the answer to a specific question, I strongly suggest you NOT ask the question, unless the answer will absolutely not harm you or your case. Remember, you never know what will come out of the witnesses mouth.

Here's a great example. A dispute arises between two men in a park. It's twilight. A scream is heard, and a witness to the scream turns and sees two men standing near each other. One man's nose is gone and his face is bleeding profusely. The other man is just standing there.

On the witness stand, the defense attorney asks the witness whether he actually saw his client bite the man's nose off. The witness replies "No. I didn't."

"Then you're not sure my client was the one who bit his nose off?"

"Oh, I'm sure alright. It was your client."

"Really? How can you be so sure?" asks the defense attorney.

"Because I saw your client spit out the man's nose from his mouth!"

Cross-examination of a doctor is not easy. Experience is the key and learning all the medicine possible helps frame your questions.

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

Cancer Misdiagnosis and Delayed Diagnosis of Cancer Information - Med Mal Lawyers

Cancer is not the death sentence it was before. There are many types of cancers that are completely curable. Not in all cases of delayed diagnosis include medical malpractice. When will it be abuse if the information was, the test results are clear and not a physician or radiologist to diagnose cancer. We have cases of breast cancer, lung cancer, cervical cancer, prostate cancer, skin cancer, colon cancer and treated many others. We handle cases in PennsylvaniaPlaces like Pittsburgh, Cranberry Township, Kittanning, Erie, Warren, New Castle, Greensburg, Monroeville, Johnstown, Altoona, Indiana, Sharon, Clarion and surrounding area.



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