Choosing a Good Business Lawyer

In today's uncertain times, many Americans are choosing to start businesses of their own rather than rely on being employed by others: and no wonder! With massive layoffs and record high unemployment, job security is a thing of the past. But if you are considering starting a new business, it is absolutely essential that you employ the services of a great business lawyer to help protect your interests and facilitate transactions: here are some tips.

Why Do You Need a Business Lawyer?

1. Your trusty accountant just doesn't have the skills to handle legal matters
2. For sound business planning purposes
3. To form corporations, partnerships and LLC's
4. If you are buying an existing business or planning to sell yours soon
5. To ensure the legality of business agreements
6. For purchase and sales agreements
7. For nondisclosure and confidentiality agreements
8. For when you need litigation help as part of your business ventures

What To Look For

There are plenty of business lawyers in your area who would love to have your business, but how do you know which one to choose?

--Ask for referrals from other business associates
--Choose an attorney in good standing with your state's bar association
--When it comes to selecting a business lawyer, the more experienced he is in the field: the better!
--If litigation is in your future, be sure to select an attorney who can prove an excellent success rate

It's your business, your livelihood, and your life. Like any venture, it is always wise to go into business with reliable partners: and that includes an excellent business lawyer.

Law Offices of Jeffrey H. Ochrach (http://www.ochrach.com/) business lawyer Sacramento practice focuses on transactions and litigation in the following areas of expertise such as Business Law, Real Estate law, Attorney or Lawyer Malpractice, Partnerships and Incorporations, Corporate and Contract law and Buying and Selling Businesses.

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A Lawyer's Guide to Cerebral Palsy and Medical Malpractice

Cerebral Palsy is a term for a group of chronic conditions that impair the brain's ability to control body movement and muscle coordination due to brain-related damage which occurs before, during or after childbirth. When a part of the brain is damaged during pre-natal development, childbirth, or the first few years of an infant's life, Cerebral Palsy may result. There are an estimated 10,000 cases of Cerebral Palsy diagnosed in the United States (US) every year. There is no known cure for Cerebral Palsy.

There are three major types or classifications of Cerebral Palsy: Spastic, Athetoid and Ataxic.

Spastic Cerebral Palsy is further classified by the affected region of the body as follows:

Spastic Diplegia is the most common of the spastic forms of CP and is marked by spasticity of the lower extremities with little to no upper body spasticity. Intelligence is not impacted. Most of those affected are ambulatory, but tight adductors cause a "scissors gait." Other typical features include flexion at the knee, plantar flexion of the ankle, adduction and internal rotation at the hip, crossed eyes, nearsightedness, movements of the upper extremities to assist walking, and tip toe walking.

Spastic Hemiplegia is a condition not exclusive to Cerebral Palsy that affects one side of the body. Injured muscle nerves controlled by the brain's right side will cause a left body deficit, and vice versa. Those with Spastic Hemiplegia are usually the most ambulatory, although they suffer from equinus, a condition in which the upward bending motion of the ankle is limited and causes a lack of flexibility to bring the top of the foot toward the front of the leg. There is no cure for Hemiplegia but its effects can be minimized through therapy.

Spastic Quadriplegia CP is characterized by the lack of the ability to move, control or feel both arms and both legs as a result of an injury to the spinal cord. It is the most severe type of Cerebral Palsy, and patients usually suffer other disabilities such as mental retardation, difficulty speaking, and uncontrollable shaking (hemiparetic tremors). Respiratory problems are common and a respirator is often necessary for breathing.

Athetoid Cerebral Palsy involves mixed muscle tone (sometimes hypertonia and sometimes hypotonia - loss of or diminished muscle tone). Athetoid CP results in uncontrolled or involuntary movements, difficulty holding oneself in an upright position, difficulty holding onto objects, facial movements, drooling, and difficulty controlling the tongue, breathing and vocal cords. These problems are caused by the muscles alternating between floppy and tense, and uncontrolled movements may be small or big, rapid, irregularly repetitive, random, or jerky.

Ataxic Cerebral Palsy, the least common form of CP, is caused by damage to the brain's cerebellum and its symptoms include visual loss of depth perception, auditory processing, balance difficulties, and walking with a wide-based gait. Ataxic individuals suffer from tremors and hypotonia. Intention tremors are the most significant symptom of the Ataxic CP patient.

About 750,000 Americans are currently living with some form of CP, and in the United States (US) approximately 10,000 infants develop Cerebral Palsy annually. Many CP patients develop their condition during the childbirth process. An estimated thirty percent of all CP patients develop the condition during fetal development.

Cerebral Palsy can have devastating financial consequences for the CP patient and his or her family, and the average cost of expenses related to a CP patient is about $925,000. Those with severe Cerebral Palsy can expend millions of dollars. Some medical and non-medical expenses can include, but are not limited to, the following: hospitalizations and doctor visits, work and home space modifications, speech, phyiscal and occupational therapists, life care planners, neurologists and neurosurgeons, car modifications, orthotic devices, surgeons, medications, rehabilitation equipment, respirators or respiratory therapists, psychological or psychiatric counseling, and special education programs.

There are numerous maternal and fetal factors that can lead to Cerebral Palsy in a new born if a failure to diagnose occurs. Certain maternal infections during pregnancy can cause CP, such as toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, and untreated group B strep. A mother's use or abuse of alcohol, prescription or non-prescription drugs, malnutrition, or exposure to toxic chemicals or poisons can cause CP. Certain medical conditions, including high blood pressure, preeclampsia, eclampsia, toxemia, diabetes, thyroid problems, blood Rh incompatibility between mother and fetus, fetal anoxia, fetal stroke, placental insufficiency or premature aging of the placenta, premature or sudden separation of the placenta from the wall of the uterus (placental abruption), intrauterine growth retardation (IUGR) of the fetus, and other complications have been found to cause Cerebral Palsy. Cerebral Palsy can be caused by birth trauma resulting from the improper dating of the pregnancy which can lead to premature delivery or over-gestation. Other than genetic defects or syndromes which can cause CP, the foregoing risk factors can be recognized and addressed by a medical professional during pregnancy. CP acquired during fetal development is often preventable when a physician timely and appropriately responds to maternal and fetal risks.

Cerebral Palsy can be caused when the flow of blood and oxygen to a child's brain is disrupted during the childbirth process (fetal anoxia), which can occur as a result of a long labor, low amniotic fluid, a twisted umbilical cord resulting in umbilical cord compression, prolapse or occlusion, large fetal head size, newborn lung problems, brain hemorrhaging or inter-cranial bleeding, unrecognized or untreated signs of fetal distress from pressure on the umbilical cord or due to dystocia, a fetus stuck in the birth canal because of the position of its descent down the birth canal, placenta being prematurely sheared by the birth process (placenta previa or placental abruption), too much pitocin, and other conditions. Failure of the obstetrician to recognize the necessity of a Cesarean Section as opposed to a vaginal delivery, or the failure to interpret fetal monitor strips, may be medical malpractice which can cause CP. Head trauma caused by a difficult forceps or vacuum extraction delivery can also cause Cerebral Palsy. Most of the adverse outcomes caused by these childbirth Cerebral Palsy risk factors are preventable if a medical doctor acts within the standard of care to timely and appropriately diagnose and treat these conditions.

About 10% to 20% of children in the United States with CP acquire the disorder after birth. Brain damage after child birth, brain infections such as bacterial meningitis or viral encephalitis, and head injuries represent many of the acquired Cerebral Palsy cases. Brain or head trauma can occur in the first few years of life from accidents such as falls or motor vehicle collisions, or may occur from child abuse or shaken baby syndrome.

The above causes of CP have the potential to interfere with proper development of the nervous system or potential to interfere with the delivery of oxygen and nutrition to the brain of the fetus or the newborn infant. If the oxygen supply and nutrition to the brain is interrupted, impeded or decreased for a period of time, the brain may become injured.

Diagnosis of CP can sometimes be difficult. Some methods which help determine whether or not brain damage has occurred include reflex tests, hand preference checks, diagnostic radiological tests. Reflex test are used because some reflexes disappear in a normal child, while an affected child may retain these reflexes for abnormally long periods of time. Hand preference checks are used because an early tendency to prefer either the right or left hand may indicate CP. It is important to rule out of other movement disorders which can cause the loss of motor skills, including genetic diseases, muscle diseases, metabolism disorders, or tumors in the nervous system. Some of these conditions are progressive or worsen over time. If the child's conditions are not worsening, this may be an indication of a CP diagnosis. Performing diagnostic imaging tests, such as CT scans, MRIs, and/or ultrasounds, can reveal underdeveloped brain areas, abnormal cysts, or other physical problems. It is also important to assess conditions linked to CP such as seizure disorders, mental impairment, and vision or hearing problems.

Medical malpractice litigation involving Cerebral Palsy in South Carolina (SC) requires expert testimony to prove both a breach of the standard of care and that the breach was the proximate or legal cause of the patient's injury. For such cases arising on or after July 1, 2005, S.C. Code § 15-79-125 requires that before a medical malpractice suit can be filed, a plaintiff has to simultaneously file both a notice of intent to file suit and an affidavit of an expert witness subject to the affidavit requirements established in § 15-36-100 in a county in which venue would be proper for filing or initiating the action. The expert affidavit must specify at least one negligent act or omission claimed to exist and the factual basis for each claim based on the available evidence at the time of the filing of the affidavit. Qualified, experienced, board certified obstetricians and registered obstetrical nurses should be used to evaluate claims of medical malpractice and to provide the requisite expert opinion testimony in litigation with respect to Cerebral Palsy cases.

If your child has developed Cerebral Palsy and you believe that medical malpractice or negligence was a possible cause of the brain injury which resulted in CP, you should seek out a competent medical malpractice attorney to evaluate your child's case.

Joseph P. Griffith, Jr., Esquire
Joe Griffith Law Firm, LLC
7 State Street
Charleston, S.C. 29401
843.225.5563 (tel)
843.722.6254 (fax)
http://www.joegriffith.com

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Plastic Surgery - Can I Bring A Lawsuit Against My Surgeon If He Destroyed My Breasts?

Q: I just had a breast implants put in and I don't like the way they came out. Can I bring a lawsuit against my plastic surgeon if he won't fix them for free?

A: There are two issues here. The first is your unhappiness with the result of the breast implants. The second is whether you can sue if he does not repair the first result for free.

First- the fact that you had breast implants suggests that you were not satisfied with your physical appearance to begin with. Breast implant and plastic surgery cases are inherently bad cases for me to take because they involve subjective feelings, opinions and impressions by the patient. Specifically, the patient is not happy with how they appear initially, and after the procedure, they are still not happy with the result. Just because you are unsatisfied with the breast surgery results does not mean that there was evidence of malpractice.

There are always risks associated with any surgery. I am positive that your plastic surgeon gave you a detailed form called an Informed Consent sheet that described the procedure. You may have also been given brochures or reading material describing the risks, benefits and alternatives to this breast surgery you were going to have. Again, I assume that since you went forward with the surgery, you signed this consent and recognized that there was a possibility the outcome might not be perfect.

The second point is that you must address your displeasure with your plastic surgeon. There are times when the doctor will agree to revise the procedure at no cost to you. At other times the doctor believes he or she did a good job, but other factors contributed to the poor outcome, and he may not be agreeable to revise the procedure for free.

Remember, you are free to bring a lawsuit, but the question is whether your case really has merit, and whether it is financially beneficial for you and your attorney to proceed.

In my opinion, I do not accept plastic surgery cases unless it is clear, based upon expert medical review, that there are departures from good care (not just that the patient is unhappy with the outcome of their boob job, or nose job), that the departures were a substantial factor in causing injury, and that the injury is permanent.

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

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

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

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Doctors Malpractice - Types, Consequences and Possible Action

Medical malpractice is becoming a common problem in the U.S. whether it is by doctors, nurses or other medical staff. There is close to 100,000 deaths from these preventable errors. What is even more disturbing is that hundred of thousands suffer injuries and some are sometimes permanent.

The medical profession believes that medical errors should never happen and they refer to this as the "never events". It is important for doctors to stick by their obligations so any mishaps, which can be life-threatening, will be avoided.

Injured by a Doctor's Malpractice?

There are laws that have been made to protect the victims of medical malpractice. Although the laws differ by each state, there are laws that are in place to protect the victims of medical malpractice. These laws allow the injured party to be compensated for the damages they suffered. They also will keep the medical professionals aware and prevent them from being negligent. The signs that medical malpractice have occurred is not always obvious right away, because of this it is important that you talk to a lawyer immediately about your legal rights.

Types of Doctors Malpractice

There are many types of medical malpractice that takes place. Some common types of doctors' malpractice are listed below:

* Infections during labor and delivery

* Giving the wrong doses of medication

* Neglect during surgical treatments this includes leaving instruments in a patient

* Tests, biopsies, or lab work were misinterpreted

* Misdiagnosis

The consequences of medical malpractice for the victim may include:

* Damage of a nerve, or an organ

* Disabilities

* Pain

* Disfigurement

* Coma

* Death

The effects that an individual and their families go through are overwhelming.

Compensation for Doctors Malpractice

Being financially compensated because of some medical error cannot replace what the victim has lost, but it can help with the stress that will come along with the medical expenses. Families must deal with the costs of treatments, surgeries, medications and so much more. If you have been injured by doctors malpractice or have lost a family member to medical malpractice, you could be entitled to money for your pain, mental agony, loss and possibly any funeral costs.

Learn More in a Free Consultation

Each and every malpractice case is different and there are time restrictions on these types of cases. It is important you talk to an experienced medical lawyer that deals with these kinds of cases. Lawyers know your rights and they have your best interests in mind. If you suspect your or a loved one was injured due to medical malpractice then contact a lawyer immediately and find out your legal options.

David Austin is an Attorney focused on complex injury cases. You can learn more about Doctors Malpractice at his website. Burke-Eisner.com

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Wrongful Death Lawyer For Fair Settlement

To get a fair settlement after a wrongful accident caused by a negligent driver or medical professional is to hire the best wrongful death lawyer. You will not have a hard time in locating experienced lawyers in you place. There are various law firms that specialize in cases of wrongful death. You can always as for referrals from those who have been in this accident. You need to take legal action against the negligent party who caused the death of your loved ones.

You might that hope is far away from you especially that the situation cost the life of another person. You are left with little hope at all. However, your lawyer is at your side to support you in such difficulty. You maybe emotionally down and you are not in your right state of mind to handle the legal issues. You may not be able to decide whether or not to proceed with the case because you are too exhausted and stressed. You cannot believe that your loved one just passed away just because of the negligence of the other person. You may be unaware of the complexities that can happen in the legal world.

In times like this, you need to talk to the wrongful death lawyer so that you will know your rights as the immediate relatives of the victim. You might be surprised to know that you have rights to exercise especially that victim's death is the result from the sheer negligence of the other party. It would be unfair if the negligent party is doing nothing and you are suffering all the damages including financial, mental, emotional, and psychological damages.

Do you know the various reasons in wrongful death? It can be caused by automobile accidents, work accidents, medical malpractice that resulted to death of the patient. You have to keep this in mind that whatever circumstances that caused the death of your loved one; he/she is entitled to process the compensation claims that will be exercised by the family members of the victim. These rights will be fully explained to your by your lawyer. Choose a lawyer whose expertise is in wrongful death cases. Remember that laws in wrongful death are complicated. You need someone who has all the expertise to win your case. But before you file the case, you need to ask for an advice from your lawyer whether or not your loved one is really a victim of wrongful death.

The only thing you have to be sure is to hire an experienced lawyer so that you will be provided with sufficient information about your rights. You also have to consider that your privileges and rights will depend on your case and the nature of the injury. Remember this always - not all cases have the same rights and privileges. This means that it is a must and absolutely necessary to ask for legal advice. You need a non judgmental and objective so that you will be guided in the right direction. At the same time your wrongful death lawyer must be insightful as well not to hurt your feelings and emotions. He/She must know how to deal in sensitive issues so as not to spoil the investigation and most of all choose a lawyer who has his/her own principle, ruled by justice, equity, and integrity.

To know more about Wrongful Death Lawyer visit www.personalinjuryportal.com.

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Choosing the Right Medical Malpractice Lawyer

Many people when faced with the difficulties following a botched surgery or an error committed by a hospital do not know how to go about choosing the right medical malpractice attorney or lawyer to handle their case. There are numerous attorneys out there that all claim to be experts in the world of medical malpractice so how on earth is one supposed to choose?

The first thing to remember is that choosing a lawyer is a lot like choosing the right professional to assist an individual with other needs that a person might have. For example, choosing an accountant or CPA to file one's taxes is a process that is conducted in an orderly fashion. The goal is to choose the accountant with the best qualifications, the most experience, and the widest bread of knowledge in order to ensure that all of a person's accounting needs are met adequately. The same goes for choosing a medical malpractice attorney.

Many attorneys claim to be experts in a field of law but are really general practitioners who have some knowledge in a wide variety of areas. Like finding an accountant, the goal is to find a medical malpractice attorney, not a general practitioner, who has the most experience, the best qualifications, and the widest breadth of knowledge about medical malpractice cases.  

A number of personal injury firms are adept at handling the simple types of personal injury cases. While this is wonderful for simple products liability or a slip and fall case, medical issues can be much more complex because the case itself is more complex. Identifying the cause of a person's injuries can be much more difficult when dealing with medication or some other seemingly minor issue. 

The best reason to go with a firm that specializes in handling medical malpractice cases is that the same was done when a person went in to the doctor. For cancer treatment, one doesn't go to a brain surgeon. For an angioplasty, one doesn't go to an oncologist. One chooses a specialist for one's doctors and so why not choose a specialist when filing a lawsuit against a doctor that didn't turn out quite as well as one would hope?

The more complex a case could be, the more experience a lawyer needs to have. If a person's case is extremely complex, the best thing to do is to ask any potential attorney if he or she has handled your type of case. Depending on the rarity of the injury or accident, finding a lawyer with experience of that sort can be rather difficult. But don't give up hope. Chances are good that there is someone, somewhere that has handled the claim. 

The Pennsylvania medical malpractice attorneys of Lowenthal & Abrams have experience handling the simple to the complex when it comes to medical malpractice.

Joseph Devine

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Possible Damages Paid in a Medical Malpractice Lawsuit

What type of lawsuit could be more psychologically devastating than a medical malpractice lawsuit? We literally put our lives in the hands of doctors and physicians. We trust them to know what they're doing and to make the right, most responsible decisions. For many of us, the idea that they may be negligent or make a mistake never even crosses our mind when going under the knife or taking their professional word as gold. That's why when they let us down it can be such a psychologically damaging situation -- not to mention the physical consequences of their mistakes. But what can we really do about it?

Well, it really depends on the nature of the incident, but there are variety of different damages that can be pursued in a medical malpractice suit. Of course the first to do is talk with an attorney, but to give you a basic idea of the process, let's talk about the damages that you may pursue.

In the vast majority of cases, this type of lawsuit is considered compensatory. This means that any rewards given will be measured by the damages received. That means medical costs due to the malpractice, rehabilitation costs, money paid for personal assistance, painkillers and/or prescription drugs, or even compensation attributed to loss of income from time off work.

However, as mentioned before, medical malpractice brings into play a psychological aspect. And for that reason, even compensatory cases can include another element. This element includes financial compensation for the less apparent side effects of the incident. This is usually the case when the more critical injuries and disfigurements occur and may cover everything from relationship problems, psychological affects, or loss of life satisfaction. These are the kind of things that are hard to put a number on, but most people would agree that receiving some kind of compensation for this type of suffering is better than nothing at all.

What about when medical malpractice results in death? You can be sure that in a case like this a medical malpractice lawyer will do what they can to get even further compensation. This includes for funeral costs, medical costs left to the family as a result, loss of income that puts a strain on the family, and the pain and suffering of family members forced to go on without their loved one.

But there is also a chance that a case will be even more complex than that -- and that is when a doctor is believed to have intentionally caused personal damage to the patient. This is, of course, the most difficult to prove, but it is all the more important to pursue action when damage occurs in these cases based more on maliciousness than negligence. It is important to make sure that others do not end up being victimized in the future. The damages pursued in a case like this are called punitive damages, and the burden of evidence is pretty high.

If you or one of your loved ones have been unfairly victimized in a Milwaukee hospital or treatment center, whether intentional or unintentional, and feel it's time to seek the services of a competent Milwaukee medical malpractice lawyer, go to http://www.warshafsky.com/practice-areas/medical-malpractice/.

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Different Kinds of Lawyers

If you're involved in a lawsuit, you need to look for a lawyer. There are lots of different types of lawyers in the industry. The type of case that you've is what is going to decide the kind of lawyer that you will hire. Thus, there are felony, divorce, chapter, malpractice, worker compensation, assault, personal damage, property insurance coverage and client fraud lawyers amongst many others.

In the event you are convicted of a legal offense such as theft with violence or murder, it will likely be the responsibility of a felony lawyer to prove your innocence. Criminal legislation is very tough. It's therefore, vital you choose a criminal lawyer who has handled quite a few felony cases successfully. If in case you have been served with a divorce petition, then you want a divorce lawyer. Divorce lawyers will provide help to agree on a settlement with your companion thus stop the case from going to court. Nonetheless, if the divorcing parties are unable to settlement on their issues amicably, it's the job of the lawyer to represent you in court. On the other hand, a chapter lawsuit requires a bankruptcy lawyer. He/she evaluates the present monetary situation and helps you file for bankruptcy. The malpractice lawyer represents docs, accounts, nurses and even legal professionals accused by shoppers of negligent services

It's understood that legal matters are serious. It's therefore very important that you simply get the best kind of lawyer. A qualified and skilled lawyer can simply enable you to win a case and stay out of jail. It's worth noting that there are some legal professionals, just like docs, who may be described as general practitioners. They can handle non-specialised and/or routine authorized matters. Nonetheless, the other lawyers as criminal, divorce, chapter and malpractice lawyers are specialized. They solely concentrate in handling instances in these explicit fields. These specialised legal professionals possess deeper knowledge and understanding of case laws as well as the legal statutes in their area of specialization.

If you happen to choose to rent a specialised lawyer to represent you in courtroom, you need to bear in mind that you'll have to pay a considerably excessive amount of money. Specialized legal professionals charge excessive fees for their services. Nonetheless, you will be guaranteed of excellent service. Often the experience of specialized lawyer will increase their effectiveness. Legal professionals either charge contingency fees or on a case-by-case basis. Contingency fees are normally a share of the overall amount that you simply agree with the lawyer. In case you are looking to hire a lawyer for the first time, you should choose one that charges contingency fees. The reason for this is that paying on a case-by-case basis will prove more pricey in the end.

Whether or not you want a chapter, divorce, criminal or malpractice lawyer, you need to ask several questions before hiring one. The most important is how much expertise he/she has had handling cases. It will assist in building your confidence. As well as, it will additionally provide you with an idea if he/she can help you to win the case, stay out of jail, clear your title and/or obtain compensation.

I hope you enjoyed the article as much as I enjoyed writing it. If you want to read an advanced thesis on the same topic, I suggest you read my blog Different Types of Lawyers

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Medical Malpractice - Examples of Malpractice - An Experienced NY Med Mal Lawyer Explains

Is it malpractice if a doctor ignores an abnormal computerized EKG result?

Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?

Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?

Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?

What do you think of a doctor who takes cash for a procedure, does a "half-baked" job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with "sub-standard" treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?

What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.

Maybe this one will catch your attention:

A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman's. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.

Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery--something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.

What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.

What common recurring theme is found in each of these cases?

Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above are real cases that happened in New York. Each victim had a story to tell. Each injury was different and affected each person differently. When asked, every injured victim would rather have their health than have to resort to a medical malpractice lawsuit seeking compensation.

Thanks for becoming 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 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 oginski-law.com Call him at 516-487-8207.

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

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10 Misconceptions About New York Medical Malpractice Lawyers

1. They like to file frivolous lawsuits.

Wrong. Filing a medical malpractice lawsuit in New York is downright difficult. A lawyer must first conduct a thorough investigation of the facts and then have all the medical records reviewed by a medical expert. Only after the expert has confirmed evidence of wrongdoing; that the wrongdoing caused injury; and that the injury is significant, can the attorney go forward and file suit.

Remember, nobody likes a frivolous lawsuit. It's bad for the lawyer, the client, the doctors, and the Court system. While there may always be differences of opinion about what happened and who is responsible for the victim's injuries, a New York Medical Malpractice lawyer is ethically prohibited from filing a lawsuit that has no merit. Besides, who wants to waste thousands of hours of their time prosecuting a case that has no merit, and spent countless amounts of money to pursue a case that doesn't belong in the Court system?

2. They sue everyone who saw the patient, even if there's no reason.

Most of the time, this is incorrect. A lawyer is ethically bound to sue only those individuals who can be directly linked to the client's injuries. Sometimes, after reading a hospital record it appears as if nurses and health care providers participated in the events that led to the client's injuries. In those cases it may be necessary to name people in the lawsuit that might be peripherally involved.

Once it becomes clear during the course of the lawsuit that certain individuals had nothing to do with the malpractice or causing injury, the patient's lawyer is likely to dismiss that person from the lawsuit- either after they have given testimony or shortly before trial.

3. They get 1/3 to 1/2 of the settlement or verdict as their fee.

Wrong. In New York the fee is less than that. In a medical malpractice case, the lawyer's fee is based on a sliding scale which is set by law. It is less than 1/3. In fact, the lawyer's fee only starts at 30% and decreases as the amount we recover for our client increases. This sliding scale has been in effect in New York since 1985, and benefits the injured client, not the lawyer.

This is how a New York malpractice lawyer calculates his fee:

(1) The expenses that the lawyer has laid out to prosecute your case gets reimbursed to the lawyer from the total settlement amount.

(2) Of the remaining amount, the lawyer's fee is calculated.

If your award is anywhere from $1 to $250,000, the lawyer's fee is only 30% of that amount.

If you are awarded anywhere from $250,001-$500,000, the lawyer's fee on that segment of the award drops now to 25%.

If you are awarded anywhere from $500,001-$750,000, the lawyer's fee for that segment drops again to 20%.

This drop in the attorney's fee continues until you achieve over $1.25 Million. Anything over $1.25 million, the attorney's fee remains at only 10%.

This fee is significantly different than in a case involving a car accident or a trip and fall. In those 'negligence' cases, the lawyer's fee in New York State is 1/3 of your award, after the expenses have been repaid to the law firm.

4. They hate doctors and hospitals.

Wrong. Most malpractice attorneys recognize that most physicians and hospital staff work hard at what they do and appreciate the patients they treat. The problems arise with those few physicians who don't practice medicine in accordance with the standards of their specialty. It's those few bad apples that are careless and cause harm to patients.

Remember, lawyers are people too. They need physicians and hospitals too, and rely on their expertise when they are ill.

5. They are responsible for increases in health care costs and the premiums that doctors pay for their malpractice insurance.

Wrong. There are many studies that have been published by well-educated and well-credentialed folks who have consistently stated that increased premiums for medical malpractice insurance have little to do with the lawyers who file malpractice lawsuits. In fact, I just read an article where Anthony Bonomo, the Chief Executive Officer of PRI - Physicians Reciprocal Insurance Company (one of two major malpractice insurance companies here in New York), confirmed that lawsuits have little to do with the rise in malpractice premiums that doctors must pay for their medical malpractice insurance policies.

Some physicians argue that they practice 'defensive medicine' in order to run tests the patient doesn't really need. They also argue that running all these tests will prevent some lawyer from later claiming that certain tests should have been done to check for medical conditions that were never considered by the doctor.

The problem with this argument is that lawyers don't dictate what treatment patients should get. The physician should be smart enough to know what possible conditions the patient may be suffering from, and order those tests that will either confirm, or rule out those possible medical problems. If the doctor doesn't know enough about the patient's condition, then he should be referring the patient to a specialist, or calling in other doctors to consult about this problem.

If you want to look at why health care costs have increased, one need only look at the compensation that health insurance executives receive and question why they are paid millions of dollars per year.

6. They're looking for a quick settlement to squeeze money from the insurance company.

False. There is no malpractice insurance company in New York that would permit themselves to be taken advantage of. The insurance companies in New York that represent doctors and hospitals hire some of the best and brightest trial lawyers in the state to represent them from the initial stages of a lawsuit all the way through trial and appeals.

Importantly, the insurance company would never allow an attorney to squeeze them for a 'quick settlement'. It simply doesn't happen. In fact, most malpractice cases here in New York are resolved only shortly before or during trial. A lawyer that thinks a malpractice claim will be resolved immediately after filing the lawsuit is naïve, and not experienced with New York malpractice claims.

7. They can settle a case without the client's consent.

Wrong. In New York, the client must consent and agree to any settlement. If the client does not agree to the settlement, then the case continues forward. A lawyer is prohibited ethically and morally from settling a medical malpractice or injury lawsuit without their client's consent.

In fact, when a lawsuit is settled, it is best done in open court, 'on the record', where a record is made of the terms of the settlement. If the settlement is done privately, there are specific legal requirements that must be set forth in the papers confirming the settlement. Otherwise, one party may have difficulty enforcing the settlement.

8. They can settle a case involving an infant if the parent consents to the settlement.

Wrong again. In New York State, any case involving an infant (a child under the age of 18 years) must be supervised and overseen by the trial court. If a settlement is agreed upon by the parties in the lawsuit, the lawyer representing the injured infant must now apply to the trial court for permission to settle that case.

The lawyer is required to explain to the judge why he believes the settlement amount is appropriate and show to the judge medical evidence of the child's injuries and evidence that the injuries are resolved or will get better over time. If the lawyer cannot support the claim that the settlement is appropriate, the trial judge will not approve the settlement, and the case will continue, regardless of the parent's belief that the settlement is a good one.

9. They take any case that walks in the door.

Wrong. It does not benefit a lawyer to accept a medical malpractice case that has little monetary value or little merit. The malpractice lawyer works just as hard on a large case as he does on a small one. The amount of money and time spent to prosecute medical malpractice cases are enormous.

These types of cases are unlike car accident cases or slip and fall cases which are must simpler to prosecute. Lawyers who regularly handle medical malpractice cases here in New York typically reject 98 out of 100 cases that walk in the door. Out of those one or two cases that are accepted for investigation, most are rejected after being reviewed by a physician. This is the screening process that good malpractice lawyers use to evaluate a case.

10. They like to go to trial.

This is often true! A New York medical malpractice lawyer must have sufficient knowledge and experience to go to trial and take a verdict if the insurance company refuses to settle the case. In that instance the lawyer has no alternative but to present his case to a jury so that a panel of impartial folks can determine whether their claims are true. If true, the jury will decide how much to award to the injured victim.

A lawyer who takes a case solely to try and obtain a settlement does the client no justice. The lawyer must be prepared from the outset to go to trial. This is the only way to achieve the best possible result for the injured client. If the insurance company knows that the lawyer is afraid to go to trial, they stand a much better chance of taking advantage of this fact and low-balling the settlement negotiations and staying low.

When a case goes to trial, it means that both sides run the risk of losing. The question always is which side is going to blink first and recognize that settling the case is a better business decision than a jury verdict that could far outstrip what they felt the case was worth.

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

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

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

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What it Takes to File a Medical Malpractice Claim

Filing a medical malpractice lawsuit can be quite time consuming but if you have been a victim, it is your right to pursue a case. There's nothing more tragic than suffering physical injury or disability or dying all because of a mistake done by a doctor during your medical treatment. It's hard to accept one's situation when it is caused by a medical error.

The Journal of the American Medical Association (JAMA) reveals that each year, thousands of people die because of unnecessary surgery as well as medication and other errors in hospitals. For this reason, many health care providers such as physicians and hospitals have been sued with medical malpractice cases. In fact, President Barack Obama pointed out that the increasing cost of medical malpractice insurance for doctors is a significant factor in the rising costs of healthcare in the U.S. His administration has actually proposed a set of best practice guidelines to protect physicians from lawsuits.

Medical malpractice occurs when a physician or healthcare institution fails to apply the needed degree of care and skill in providing medical treatment to patients. When the required medical standards are not properly followed, medical malpractice also known as med mal can result. Different fields of specialization have different standards of care. The standards for a dermatologist, for example, differ from those of surgeons.

The first step in making a decision to file a med mal lawsuit is to determine whether you have been a victim or not. Although not all unfortunate incidents during medical treatment are caused by negligence on the part of the physician, patients have the right to pursue a case if they feel they were deprived of proper care. Consulting a legal professional is the right step to take to assess your situation.

When a decision is reached to file a case, the initial step is to determine the liability of medical practitioner. This is quite a challenging stage and may take some time because testimonies of experts and in depth investigations involving medical records and other important documents are required. Negligence has to be established clearly in order for a lawsuit to succeed. When a lawyer finds strong evidence, the physician or physicians involved are then given a written notification of the claims.

Filing a medical malpractice case has to be done as soon as possible. There are statutes of limitation or timeframe allowed to file a case that lawyers have to observe. Legal deadlines may vary from one state to another but usually it is between one and five years. In cases involving a minor, the deadline is extended until the person reaches the legal age.

A lawyer specializing in medical laws and other medical related issues is the best person who can assist patients contemplating on filing claims. Medical malpractice lawyers can help you determine the right legal steps to take and speed up the filing of the lawsuit in court. With their experience working with the medical law system and the hospital system, they are in a better position to advice patients on their rights and legal options.

For information on medical malpractice lawyers, visit Gallagher Law Firm, Louisiana lawyers and attorneys who specialize in personal injury, car and truck accidents, divorce, maritime law and more.

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Medical Malpractice Suits: Death By Medicine

A recent report has found that Americans are more frightened of dying at the hands of their doctor than they are of a plane crash. The overwhelming majority of those who participated in the survey said that information about malpractice suits and medical errors would be the single most deciding factor in trusting a healthcare provider. These people must have heard that medical errors cause more deaths in the United States every year than car accidents, AIDS, or breast cancer.

In fact, for the airline industry to parallel medical errors in mortality rates a 280-person jet would have to crash every day of the year. This would account for the over 100,000 people who die annually due to complications in medical care, not to mention the nearly 2 million who are maimed and disabled. This malady is called iatrogenic disease, a disease that is a direct result of medical care. What is causing this epidemic? Many agree that the cause is over-treatment. More medicine is administered than necessary, people are hospitalized unnecessarily, and doctors prescribe drugs instead of healthy lifestyle choices. This is a major problem and it shows no signs of stopping.

In the ten year period between 1983 and 1993 the incidence of death by medical error, or iatrogenic disease, jumped 260% overall and 850% among patience receiving outpatient care. These statistics could only be an indication of the true numbers, because medical error is not often recorded on death certificates. Some people blame the increased number of deaths on a greater number of prescriptions, but the number of prescriptions issued has increased less than 40% in 10 years, compared with the 260% increased death rate. Instead, some doctors blame increased usage of anesthesia, especially among those receiving outpatient care.

Medical malpractice insurance rates have been skyrocketing, causing a small crisis among doctors who must be insured in order to practice. They complain of medical malpractice lawsuits going out of control, large cities awarding record settlements, too many people filing claims. Well can you blame people for filing claims? Doctors must be held accountable for their prescriptions, and if a doctor writes you a prescription that hurts you they deserve to be taken to court! This is truly an epidemic, and it must be stopped by holding irresponsible healthcare providers responsible. One in five Americans has experienced medical errors directly or has a family member who has suffered a medical error. If you feel you have suffered unnecessarily at the hands of a doctor, seek legal council and work it out with a lawyer.

If you have more questions, contact a medical error attorney or read about other medical malpractice cases at http://www.hugesettlements.com.

If you use this article, please include these links.

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Lasik Malpractice

LASIK has been the latest addition to the solutions for visionary complications and is now being performed on a number of patients suffering from eye problems. Since the recent development in the medical department, LASIK surgery has shown no long-term side effects. Nevertheless, short-term complications occurring due to LASIK surgery are quite common, occurring in approximately 1.5 to 5 percent of the total number of patients. It is not always that the complications occur due to the doctor's fault. However, malpractice does occur. Thus, it is essential to evaluate the circumstances to determine whether the injuries have been a cause of the LASIK malpractice.

It is difficult to sustain a LASIK malpractice claim in most of the States, as the plaintiff has to relate the cause of the injuries to a LASIK malpractice. LASIK is a pretty new and innovative procedure and thus, is universally accepted to result in certain complications after the surgery. A disagreement persists over the standards of care required after the surgery and hence, the doctors are reluctant to support the LASIK malpractice claims. Additionally, while filing such a claim, the testimony of an expert witness who is aware of the required standards and can stand by the patient's claim of not being treated properly is also essential for making the case justified.

Most of the doctors are involved in the marketing of this new development and perform LASIK surgery whenever required as a result of which the rate of the surgery has increased. Therefore, it is again difficult to find an expert surgeon who would provide his knowledge and witness that might affect the image of LASIK surgery by revealing its negative sides.

The consent documents, which are signed prior to the surgery by the patients, relieve all the medical staff, surgeons, and the organization from any complications occurring after the surgery. This poses again as another hurdle that makes LASIK malpractice settlement not a very smooth process. However, they do not stop a patient from filing a claim. While doing so, patients are required to support the claims through an expert lawyer, a sound witness, and any necessary measures that would prove malpractice.

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

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The Medical Malpractice Lawyers and Their Obligations

Medical malpractice is one of the cases of personal injury that is difficult to prove. However, there are experienced and expert medical malpractice lawyers that can help the patients and their relative to file the law suits. An act is considered as malpractice if any of the medical professionals fail to perform his/her duties. It is necessary that you know the general principles and categories that are applicable in almost all malpractice cases.

Causes of medical malpractice that lawyers must take note

1. Improper treatment - there are times that doctors failed to treat their patients is not mandated in the codes of medical profession. It means that the doctor treated the patient like on other doctor will do. The same manner is true if the doctor chooses the appropriate treatment but performs it ineptly.

2. Failure to diagnose - this is the common mistake of doctors. There are times that doctors made wrong diagnosis that prompted the patient's illness to exacerbate because wrong medication is given to the patient. Instead of giving the patient a chance to enjoy his/her life, he/she is deprived of it because of the wrong information. In this case, the patient is entitled to file a viable claim with the aid of the medical malpractice lawyers.

3. Failure to inform the patient about the risks of certain procedures - the doctor has a duty to inform their patients on the pros and cons of every treatment or operation. This is known as "Duty of Informed Consent." Proper information is needed because the patient has a choice not to go through with the operation. The doctor can be held liable for this because the patient could have another option rather than risking his/her life.

Important things in Medical Malpractice Case

Every country and every state have different procedures and rules in filing the claims for medical malpractice. These rules and procedures have to be followed carefully so that you will not miss any chance of winning your case.

The first thing you must to do is to bring up the medical malpractice case right after the injury is diagnosed or observed. The medical malpractice lawyers have the responsibility to inform you about the limited time because there are some places that limit the litigation to three years. The time frame that is given to you to carry out your lawsuit is known as the "statutes of limitations." You have to process everything before the given timeframe is over. The court will dismiss your case even if the evidences you have are reliable and strong.

There are also some countries and states require you to submit your claim to malpractice review panel. The panel is composed of experts who will listen to your arguments and review the evidences and testimonies. After that, they will decide whether medical malpractice has transpired. The decision of the panel does not replace the real malpractice lawsuit and the panel also does not have the power to award damages. The findings of the panel can also be presented in the court and most of the time the court rely on their decision whether or not there is a malpractice case.

To know more about Medical Malpractice Lawyers visit http://www.personalinjuryportal.com

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