Common Problems Encountered in Dealing with Lawyers

Your lawyer keeps on ignoring your phone calls

Proper communication between you and your lawyer is very important in a positive turn out of your case. It is also the obligation of your lawyer to keep you informed about the progress of your case.

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However, you should not expect your lawyer to communicate with you quite frequently since he might be working on other client's cases as well. But this does not mean that he is not taking care or your case. He might just be properly allocating his time to serve other people or just limiting his phone calls in order to minimize his service charge especially when he is working on an hourly rate.

Common Problems Encountered in Dealing with Lawyers

If you find your reason for calling urgent, it would be better to put it in writing first and ask for his response. If he fails to act on your request, then you may proceed to calling him by phone. After performing these steps and your lawyer still keeps on ignoring your call, it may be time to dismiss his services and look for a much reliable lawyer.

Overcharging

Before formally hiring a lawyer, it is also advisable to perform a thorough review of the fee agreement. Be sure that you completely understand the manner of payment, either on an hourly rate or on contingency basis. Determine all your monetary obligations to him. Some lawyers may insert other fees on your bills.

Meanwhile, if you have noticed some irregularities on your bills after your case has been settled, have it reviewed by a reputable legal organization that can determine if you are indeed charged fairly. If not, you may also ask them for some recommendations on what proper actions you may pursue.

Your lawyer goes beyond the ethical standards of the legal profession

All lawyers are expected to abide by strict ethical standards. If your lawyer has acted unethically, you may file charges against him and make him face various sanctions such as reprimands or suspensions and disbarment. You may bring your complaint to the Lawyer Disciplinary Office in your respective state.

Your lawyer promised a positive result but it did not happen

Do understand that nobody can tell whether a lawsuit will be successful or not. Even the most credible and well-experienced lawyers lose some cases. The least you can do is to look for the best and most reliable lawyer for your case and see to it that he is doing his job accordingly.

On the other hand, if your lawyer has indeed failed to follow the standard procedures in handling your case, you may seek the aid of a legal malpractice lawyer in your area and file the necessary charges against him.

Firing your lawyer

Keep in mind that you are still in command of your case. If you are not contented with the way your lawyer handles your case, cease his services and look for another lawyer. Nevertheless, you are obliged to inform the court and ask their permission before doing such action.

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Our firm's professional CA Lawyers can be depended upon on your legal problems involving personal injury, employment law, social security disability and business laws.

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UK Lawyers Admission Requirements

When one wishes to become one of the UK Lawyers that are sought out for representation in fields like divorce or family law, real estate law, business or corporate law, criminal law, media law, civil law among many other fields found in the law profession, there are various procedures and requirements that one must meet and fulfill in order to practice in the UK.

One can choose to be a solicitor, a barrister, a common law practitioner or a legal executive, all of which one must have taken the necessary educational courses needed to be considered becoming a lawyer. UK lawyers are required to take a bar exam that determines qualification. One should have about 2 years of experience to become a solicitor or have about 1 year in-house training in the barrister circles which includes 'shadowing' an experienced barrister. To become a common law practitioner, one should pass all aptitude tests, take a bar exam and in most cases, one must have pupilage so as to be allowed to become part of the UK lawyers. Barristers are represented by the Bar Council, solicitors by the Law Society of England and Wales while the legal executives have the Institute of Legal Executives. These organizations are the key to one becoming a registered lawyer.

Lawyer Malpractice

In all the above cases, one must be sure that they have the jurisdiction to work and live in the United Kingdom. One should also have had about 3 years of rights of audience in the superior courts. One should be clean of criminal or civil charges in order to be inducted into the lawyers' field. One should be ready to be summoned by the Judiciary to be offered a position in any position or job that one is considered competent in. One must also have full knowledge of the UK laws as well as have studied law in a reputable organization or institution.

UK Lawyers Admission Requirements

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Our site has listed many of the Lawyers and Solicitors in the UK. Here you will find Injury UK Lawyers, UK Solicitorsand many more along with information, websites, addresses along with comments and reviews on each Lawyer. Check out our link below for more information.

Glasgow Lawyers

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Medical Malpractice Stories

Each year hundreds of thousands of patients step forward with medical malpractice stories of injuries they have suffered such as misdiagnoses, medication errors, surgical errors, limbs that were amputated, to name a few.  Each story is unique however, they all have one thing in common, and the damages suffered were all devastating.  The trauma the patients all have suffered, such as emotional upset or financial losses, cannot be undone very easily.

Medical Malpractice Stories in the News

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At any time, finding malpractice stories in the news about medical negligence being the cause of an individual's (including babies and children) devastation is often seen.  These stories also tell about the legal consequences of medical negligence.

Medical Malpractice Stories

Share Your Medical Malpractice Story with an Attorney

The appropriate course of action depends on the circumstances of the individual's medical malpractice stories.  They may have the right to file a lawsuit.  There are laws, both state and federal that give the individual the right to hold the negligent party responsible for their actions.

A victim may be entitled to some compensation for the losses they had to bear.  For this reason, individuals who have been wrongfully harmed by a doctor, nurse or other medical staff should share their stories with an expert attorney.  A professional medical attorney can:

• Evaluate the claim to determine if a lawsuit is a possible course of action
• Establish the amount of damages that could be sought in a lawsuit - for example, damages for medical expenses, lost wages and mental anguish.
• Negotiate a settlement with the responsible party(s) if possible
• Act as an advocate for the client throughout the legal process

Malpractice cases have strict time limits called statute of limitations.  If you think you have a claim; share with an attorney your malpractice stories immediately.  Failing to do so may forfeit your rights.

Medical Attorneys: We will Listen to Your Story

Medical malpractice attorneys have many years experience and have heard these stories from individuals all over the United States.  These stories include misdiagnoses of cancer, birth injuries, lab errors and more.  Attorneys helped obtain compensation for their clients.  Attorneys will listen to medical stories related to malpractice to determine if you are eligible for compensation.

Evaluations are offered at no cost, they will hear your stories and they will answer any relevant legal questions and advise you of your rights.

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

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Medical Malpractice

Medical malpractice, which is also known as medical negligence, is caused by a physician who gives improper treatment to a health condition, which in turn causes a fresh or worsening health condition. Even though the primary health condition of the patient when he reported for consultation is not the responsibility of the medical practitioner, subsequent problems caused by improper approach in curing the health problem is the sole responsibility of the medical practitioner.

The malpractice may occur due to failure or delay in diagnosing the illness, a mishap, which happened during anesthesia or surgery, or if the practitioner omits to get the concurrence of the patient by providing incomplete details of when a surgery or an operation is to be performed.

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Even though a correct diagnosis was made, subsequent improper treatment of the identified illness also constitutes to medical malpractice.

Medical Malpractice

Implants, medical devices or prescription drug misuse also forms part of medical malpractice.

Medical malpractice is bound by the statute of limitations. Even with a valid claim, if a patient waits for a longer period, then the claim will be lost. After the malpractice takes place, a claim should be filed within 2 years. Since medical malpractice involves tricky exceptions and procedures, hence even if two years are elapsed it can still be possible to file a case.

A patient should not try to evaluate the claim by himself or liaise with the doctor or the hospital/clinic to work out a compromise. A decision is made by the insurance company which carried the medical practitioner's insurance regarding medical malpractice and they have the final and real "say" in the case.

It is the obligation of the attorney concerned to efficiently and quickly determine whether there is an actionable, good case. Medical malpractice cases are very expensive to go through, they are complex and can be a high risk for recovery and frequently involve the personal "attachment" of the client.

A detailed medical history dealing with the hospitals and physicians who gave the treatment should be obtained by the attorney prior to the filing of a medical malpractice case. A written summary highlighting all medical treatment received which should include symptoms, conversations with medical professionals and the type of treatment given is required. The attorney will initiate steps to procure all the relevant records from the hospitals or the doctors as a proof of medical negligence.

Normally a medical expert will be appointed by the attorney to determine the extent of medical malpractice. The expert should have been certified in the relevant medical field by the concerned board since he has to appear as a witness to answer questions and give an expert opinion.

With reasonable certainity, the medical expert should conclude that the cause of the damage to the patient is due to the action or inaction of the physician after investigating the procedures thoroughly.

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Lucy Bartlett is a proud contributing author. Find more articles here. For more info visit Law [http://malpractice-advice-online.info] or Medical Malpractice [http://malpractice-advice-online.info/medical-malpractice.htm]

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Common Forms of Nursing Malpractice

Healthcare providers come with many titles. One of the most common healthcare providers that many sick or injured individuals come in contact with is nurses. Nurses often help other medical professionals in all stages of the healthcare process and are often tasked with great responsibilities that determine a patient's wellbeing.

Unfortunately, these great responsibilities mean that patients may suffer serious injuries if their nurses fail to properly perform their tasks. Typically, failed nursing responsibilities that may lead to problems for patients include:

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• Botched treatments
• Use of unsanitary tools
• Failure to monitor patients
• Failure to respond to patients' needs
• Failure to alert physicians of changes in patients' conditions

Common Forms of Nursing Malpractice

Any of these negligent actions may seriously affect a patient and his or her road to recovery. Additionally, patients may suffer further injuries, further advancement of their illnesses, or even death because of a nurse's negligence.

In some cases, nursing malpractice occurs because nurses are overworked and simply do not have the time or resources to fully dedicate themselves to all of their patients. Understaffing a medical facility may be considered a form of employer negligence.

In other cases, nurses may put off their work or fail to perform their duties due to incompetence or other reasons. This is also a form of negligence, though the blame for these cases may fall on the nurse.

Regardless of the form of negligence involved, the medical facility that employs the nurse may be liable for injuries and deaths that its employees cause. Individuals wishing to pursue legal action against these establishments are encouraged to seek experienced legal counsel for assistance with their cases.

If you or someone you love suffered injuries or worse because of nursing negligence, discuss your case with the Madison medical malpractice attorneys of Habush Habush & Rottier, S.C. to learn more about your legal rights.

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Mesothelioma Lawyers

With an increase in mesothelioma cases across the US, it's important for individuals to learn the essential steps in tackling this deadly cancer. One of the foremost items is the selection of a competent mesothelioma lawyer. Today there is no dearth of mesothelioma lawyers in the US. With the increasing number of mesothelioma cases, lawyers dealing with mesothelioma are also on the rise. Mesothelioma lawyers are experienced professionals who have dealt with several successful mesothelioma lawsuits.

The role of the mesothelioma lawyer begins as soon as the disease is identified. Most mesothelioma lawyers provide clients with details on facts and figures on previous mesothelioma cases that they have handled. This enables victims to assess the credentials and competence of the lawyer. However, these lawyers often do not provide the details of previous mesothelioma cases where the information is of a confidential nature. Mesothelioma lawyers can also help you find out about unsuccessful mesothelioma lawsuits and the reasons for their failure. Identifying the elements in a mesothelioma lawsuit that led to its failure will enable individuals to identify the probable pitfalls of their own case.

Lawyer Malpractice

Thus, finding an experienced mesothelioma lawyer as soon as the disease is identified is perhaps the most important step in a successful lawsuit. Most US states have a time limit within which a lawsuit can be filed, so it is imperative that victims do not miss out on the timeline. After locating a competent lawyer, you will need time to undertake the necessary research and work out a case against the negligent parties.

Mesothelioma Lawyers

The role of a mesothelioma lawyer becomes pertinent when it comes to handling critical issues. For example, victims usually fail to identify when and where they were exposed to asbestos, since the disease manifests after several decades. During this long period the victim may have worked in several places and may not exactly recollect when and how they came in contact with asbestos. Lawyers help victims to identify products and also the place and time when they were exposed to asbestos. In some cases lawyers even go to the extent of hiring a private investigator to pinpoint the company where the asbestos exposure took place.

Although people identified with the cancer are often bogged down with too much on their minds, and filing a lawsuit is perhaps not the first thing on their list of preferences, the timely selection of a lawyer and filing a lawsuit can enable victims to secure the future of their families and dependents.

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

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Sue a Doctor For Medical Negligence - 5 Steps to Follow to Win the Case

'Medical Negligence' refers to a mistake committed by a doctor while treating a patient. Each year, several such cases are brought to the court of law. If you too are a victim of medical malpractice, you have the absolute right to consider a malpractice claim against the health professional in question. However, to win such a case, it is essential to provide suitable evidence to prove that he/she was negligent during the treatment and that his/her action or complete lack of action caused further damage to your physical condition.

As such claims are expensive and very difficult to prove, it is advisable to prepare yourself well and analyze all the pros and cons before taking any decision. Here are 5 steps to follow before proceeding to the court to sue your doctor for medical negligence:

Lawyer Malpractice

1) Get in touch with a reputed attorney who has sufficient experience in dealing with medical malpractice cases. Hiring a lawyer might cost you a bit, but it is essential as he/she can help you file a lawsuit against the doctor in question.

Sue a Doctor For Medical Negligence - 5 Steps to Follow to Win the Case

2) A medical negligence claim is not very easy to prove. Therefore, before you proceed to the court, make sure you have enough evidence to establish that deviation from the normal standard of care harmed you and that other doctors of the same skill and experience level would not have acted in this manner.

3) Besides, to establish your claim, you would need to provide witnesses. An expert testimony can make the scale tilt in your favor. Therefore, locate as many expert witnesses as you can.

4) Next, collect suitable documents that can prove that the injury that you suffered was caused due to your doctor's negligence. Bear in mind, that you cannot sue a doctor for an injury that was caused before you consulted him/her.

5) During the trial, make sure you bring at least two copies of all your medical records to the court. You have the absolute right to demand a copy of your records from the doctor's office. Also, file medical records from the office of the doctor who treated the injury caused due to the negligence of the accused practitioner.

To put it in simple words, if you do proper research, follow the above guideline, and collect enough evidence to prove your claim, you are sure to win the case against the negligent doctor.

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Get Expert Help to Sue your doctor and file a medical malpractice claim.

Also, read Affordable Ways to Sue to know how to proceed to the court even if you cannot afford a lawyer.

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Anesthesia Medical Malpractice

In the United States, medical malpractice is very common.  Anesthesia medical malpractice make up the majority of these malpractice cases, ranking twelfth highest of the medical specialties where doctors in these specialties have to pay compensation for their mistakes.  Anesthesia malpractice is life changing.  A doctor's negligence can cause permanent damage to the brain and even death.

Even though medical malpractice is common, proving negligence with anesthesia cases against the defendant is not easy to do.  One reason is that a patient is heavily sedated, even unconscious at times, when given anesthesia.  Another reason proving doctor's negligence is difficult is because there is little to no notes taken for a patient's medical record during surgery.

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How Can Medical Malpractice Related to Anesthesia be Avoided?

Anesthesia Medical Malpractice

Taking thorough notes on every patient should be standard by hospitals, so any chances of anesthesia malpractice can be avoided.  Unfortunately, this is not always the case, and while the patient is under anesthesia, an error occurs.  A patient's medical record should include:

• A pre-anesthesia exam
• Informed consent form
• Operative record
• Transfer notes
• Doctor notes
• Post-anesthesia record

Regrettably, there are cases when notes of a patient were taken but sadly, they were "altered" or "misplaced" to cover up their misconduct.  Malpractice insurers and professional medical societies have a duty to inform health care professionals not to alter any medical records.  Nonetheless, this professional and ethical advice gets forgotten when a mistake does occur that was life altering or even life threatening.

Where Does Medical Malpractice Happen?

It is often thought that medical malpractice with anesthesia takes place only in an operating room.  This is not the case, anesthesia mistakes can occur before surgery, after surgery, any procedure room and even in a dental office.  Any type of situation where anesthesia is given can result in malpractice, from childbirth to a simple dental procedure.

A patient can suffer many different types of problems due to this type of medical malpractice.  Some of the more common injuries a patient can suffer include:

• Cerebral palsy
• Brain damage
• Nerve damage
• Paralysis

How Can You be Prepared?

Most of these anesthesia malpractice cases are unintentional but not any less devastating to an individual.  It is important to be aware of these mistakes and be prepared for them.  Sharing your medical records with your doctor, anesthesiologist, and close family members is a good way to be prepared.  Make sure you and others are aware if you have any allergies or if you could have a harmful reaction before administering the anesthesia.

If you or someone you know, was a victim of an anesthesia medical mistake contact an experience medical attorney immediately.  They can evaluate your claim and will go over all of your legal options.

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David Austin is an Attorney focused on complex injury cases. You can learn more about Anesthesia Medical Malpractice at his website. http://www.Burke-Eisner.com

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Sue a Lawyer - Find Out How to Win a Legal Malpractice Suit

If you wish to sue your lawyer for breach of contract, breach of fiduciary duty, or for negligence, you will have to file a legal malpractice claim. However, it is not very easy to prove such a claim in court. In order to win the lawsuit against your attorney, you would be required to furnish proper documents, as well as expert witnesses to prove the following 3 things:

1) The attorney in question owed you a duty to represent your case adeptly.

Lawyer Malpractice

2) The duty that he/she owed to you was breached or not fulfilled.

Sue a Lawyer - Find Out How to Win a Legal Malpractice Suit

3) Negligence or contravention of duty by the attorney to competently represent your case led to your financial loss.

Also bear in mind that suing a lawyer is very expensive. As a large majority of such claims are difficult to prove, legal malpractice attorneys usually charge a contingency fee that may range between 40-50% of the total compensation amount you would eventually receive on winning the case. Therefore, in order to ensure that you win the case and your time and money do not go waste, following 2 points have to be established during the court hearing of the case:

1) It would have been possible to win the underlying case if the attorney in question had not committed a mistake.

2) It would have been also possible to collect on a judgment on your underlying case after winning the case.

Needless to say, the above things are very difficult to prove and require a lot of research and hard work from your legal malpractice attorney. Another thing you should be aware of before proceeding to the court is whether or not the attorney in question has a malpractice insurance to cover all your losses. This will help you and your new attorney to determine if your provable losses are worth devoting the time and energy to take the matter to trial.

Last, but not the least, if you are determined to file a lawsuit and sue your lawyer successfully, make sure you contact a malpractice attorney right away and get the lawsuit filed within the 'statute of limitations', which can be as short as 1 year.

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Contact Legal Malpractice Attorneys: Find contact details of local courts and tips to search malpractice lawyers on FreeLawyerTips.com

Also, Get expert legal advice on the Pros & Cons of Suing Lawyer: Find out whether or not it is right for you to file a malpractice suit against your attorney

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Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?

Medical malpractice can happen in two ways:

1. If your doctor did not have your informed consent to perform a medical procedure that caused you an injury;

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2. If your doctor was negligent, and the negligence caused your injury.

Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?

Informed Consent to Medical Treatment:

Everyone has the legal right to decide what can be done with his or her own body. Because of this legal right, your doctor needs your permission, (the legal term is consent) before he or she can treat you.

What is Informed Consent?

You can only give proper consent if you are provided with all the information that is necessary to make a decision about the proposed medical treatment. It is not acceptable for your doctor to simply ask if he or she has your permission to perform a medical procedure. Doctor: "Can I take your kidney out?"

Patient: "Umm okay."

You must be able to understand the reasonable and foreseeable consequences of giving permission (consent), or not giving permission, for the medical procedure.

In Canada, it is generally accepted that in order to provide proper permission for medical treatment your doctor must explain to you:

o The nature of the proposed medical procedure;

o The reasonable alternatives to the proposed medical procedure; and

o The relevant risks, benefits, and uncertainties related to each alternative.

Your permission or consent may be expressed in words or implied by your actions. For example, when you are undergoing a surgical procedure your doctor will usually get you to sign a consent form as part of the consent process to confirm your permission to perform the medical procedure.

Any medical procedure that is performed without proper informed consent is considered to be an assault. The doctor who performed the medical procedure is responsible for any injury suffered by the patient as a result of the medical procedure.

Unfortunately, it is very difficult to win medical malpractice cases involving allegations of informed consent. Often the question of whether the risks were properly explained to the patient boils down to the doctor's word against the patient.

In most of the reported medical malpractice cases across Canada, judges and juries tend to favour the doctors word, unless there is clear evidence to support the patient's version of events.

Therefore, it is important to document the consent process by making notes of any discussions that you have with your doctor before you undergo a medical procedure. Particularly any discussion you have with your doctor about the risks, benefits and alternatives of the proposed medical procedure.

What is Negligence?

People are not expected to be perfect. Just because someone makes a mistake does not necessarily mean the mistake was negligence. But sometimes a mistake is so obvious it is considered to be negligent.

Doctors and nurses are expected to use reasonable care and judgment when treating patients. Doctors and nurses are expected to meet the standard of care expected of a reasonably competent doctor or nurse. If they fail to meet the standard of care, that's negligence.

What Do You Have to Prove to Win Your Case?

There are four things that you have to prove in order to win your medical malpractice case:

1. Standard of Care:

You will need expert evidence to show what standard of care is expected of a reasonably competent doctor. Doctors in the same specialty as the negligent doctor must be willing to testify that the conduct of the doctor fell below accepted standards. Doctors are not expected to be perfect. But they are expected to be reasonably competent.

2. Breach of the Standard:

You will need expert evidence to prove that the doctor did not meet the standard expected of a reasonably competent doctor.

In other words, did they do something that they should not have done, or did they fail to do something that they should have done?

Making a simple mistake or getting a bad result is not enough - you must prove that it was a significant error which directly led to your injury.

3. Causation:

Not only must you prove that the doctor breached the standard of care; you must also prove that the breach actually caused your injury.

It is possible that a doctor can be negligent (breach the standard of care), but the negligence isn't what caused the injury

For example, failing to wear surgical gloves during an operation is a breach of the standard of a competent doctor. But it is not likely to have caused you to suffer a stroke during the operation.

On the other hand, failing to wear gloves may very well cause a surgical wound to become infected, leading to serious injury or death.

4. Damages:

Finally, you have to prove what the financial consequences of the injury has been so that the court can award damages for pain and suffering, and any income loss or medical expenses as a result of your injury.

You will need experts like a physical medicine specialist to prove the extent of your injuries; a vocational expert to establish how your injuries affect your ability to work; an actuarial or economic expert to calculate your past and future income loss and future pension loss.

Medical malpractice claims in Canada are complicated, expensive and risky. If you think you or a family member has been a victim of medical malpractice it is important that you contact an experienced Canadian medical malpractice lawyer to get some advice.

Medical Malpractice Claims In Canada In Canada - How Does It Happen And How Do I Prove It?Amy Winehouse - Our Day Will Come: Amy Winehouse Tribute Video Clips. Duration : 3.20 Mins.

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John McKiggan is a medical malpractice lawyer from Halifax, Nova Scotia and a founding partner in the law firm Arnold Pizzo McKiggan. Mr. McKiggan has been representing victims of medical malpractice for 18 years. He is the author of The Consumers Guide to Medical Malpractice Claims in Canada. Visit his website at http://www.apmlawyers.com or his blog http://www.halifaxpersonalinjurylawyerblog.com

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Illinois Medical Malpractice Lawyers Take on the Challenge of Proving Pain and Suffering

Illinois medical malpractice lawyers face long trials steeped in endless expert testimony, caveats in civil procedure and usually hundreds of thousands of dollars at risk, all the result of emotionally heart wrenching cases involving deaths, amputations, paralysis, brain damage, and almost always, pain and suffering. Among the critical roles that attorneys play in medical malpractice cases, the role of proving pain and suffering is one of the most challenging.

Paralyzed in silence on an operating table, a 53-year-old patient was unable to react when he experienced anesthesia awareness during open heart surgery. He suffered the pain of a bone saw cutting through his sternum and jolts of excruciation as doctors shocked his heart. He listened in agony to conversations among the surgical team that was completely oblivious of his anesthesia awareness. The patient was unable to move, scream or give any kind of indication that he was in pain. After surgery, the patient was diagnosed with post-traumatic stress syndrome. The patient hired a lawyer to raise pain and suffering as a cause of action in a medical malpractice case. Although there was no other cause of action involved in the case, the patient was awarded 2,500.

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Most Illinois lawyers know that as of 2001, pain and suffering is no longer just an element of damages, but a cause of action in medical malpractice. It is every medical professional's duty to treat and effectively control pain. Inferring that pain is all in a patient's head is no longer a valid defense.

Illinois Medical Malpractice Lawyers Take on the Challenge of Proving Pain and Suffering

Pain and suffering cannot be seen or heard and usually, there is no physical evidence to prove its existence. Illinois lawyers are called upon to prove the invisible, working against hundreds of years of social and cultural ideologies, to show the 12 member juries what is silently tormenting their clients.

To make matters more complicated for medical malpractice lawyers, medical professionals usually disregard pain and suffering. In order to treat severely injured patients effectively, many of the best doctors do not allow themselves to empathize. As a result, pain and suffering is a symptom that is easily ignored.

In addition to medical professionals, juries can also be unwilling to empathize with patients who raise pain and suffering as a cause of action for medical malpractice. Illinois medical malpractice lawyers have to work against strong political beliefs and viewpoints of jurors. Republican-minded jurors tend to be less sympathetic with a patient's pain and suffering and more cognizant of the need for tort reform. There is a strong ideology that patients should be able to deal with pain and not open the floodgates of new litigation into the judicial system. Unlike other causes of action, such as severe burns, quadriplegia, and mutilation, pain and suffering is invisible and impossible to objectively quantify, so it is all too often disregarded.

When jurors have blind faith in both the medical community and politicians, it can be difficult for Illinois medical malpractice lawyers to garner sympathy for patients who have no scars or physical proof of pain and suffering. Thus, plaintiffs who endure undue pain and suffering that breaches the standards of care, have a cause of action for medical malpractice, but still face the challenge of presenting a case that can break through the social and political ideologies of jurors.

The July 2006 edition of The Economist reported that understanding pain and suffering is one of leading neurological issues of our time. The old saying "it's all in his/her head" is not too far off base, as pain and suffering truly is regulated by nerves in the brain. Unfortunately, the human brain is one of the least understood areas of medical science, and many patients continue to endure it. As long as pain is silently endured, Illinois medical malpractice lawyers face the challenge of proving that it exists.

Illinois Medical Malpractice Lawyers Take on the Challenge of Proving Pain and SufferingKaty Perry - The One That Got Away Tube. Duration : 4.85 Mins.

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Emily Gleason is a law student at John Marshall in Chicago. For more information about Illinois medical malpractice laws, please visit [http://www.findgreatlawyers.com//MedicalMalpractice.php] , a leading resource for referrals to Illinois medical malpractice lawyers and Illinois medical malpractice information.

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Medical Malpractice - The Larger Issue

Medical malpractice is serious regardless of how serious the victim's anguish is. Whether the victim is maimed, unable to walk again, killed, or caused serious mental and/or financial anguish, a bigger crime is at hand. The doctor who was practicing medicine on the patient lost their competence, if only for a moment. This, in the profession the world trusts its life to, is a crime.

Victims of medical malpractice who are injured for life, such as those who are maimed, have an obvious reason to file a lawsuit. These people already know that since they have suffered from medical malpractice they should find a local malpractice attorney office to claim their due. After all, these victims are very likely either working two jobs to pay off their mounting medical bills that bad doctor caused them, or they are too injured to work. Many of these victims are at home in bed, in pain, and worried about how their bills are going to be paid.

Lawyer Malpractice

Other victims of medical malpractice include the family and friends of the person who was killed due to a doctor's negligence. These persons are left to pay the medical bills of their loved one, as well as pay costly funeral expenses to put the original victim to rest.

Medical Malpractice - The Larger Issue

Many victims of medical malpractice suffer primarily mental or financial anguish. These people are the lucky victims we get to meet, and we believe they have been appointed to stand up for what the injured, the maimed, and the dead cannot: Fight against medical malpractice so that more lives are not ruined or lost.

Your medical malpractice lawsuit is a tool to help refocus American doctors on what's important. Hit their pocket book and see that they think about their patients and not the golf ball. If you have a medical malpractice case on your hands, hand it to competent local medical malpractice attorneys who see the bigger picture.

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Medical Malpractice and the Deposition

Often, one of the most important elements to a medical malpractice case will be depositions, which may go a long way to determining the course of the case. Depositions are hearings witch occur out of court during which testimony is gathered from witnesses, the content of which might otherwise take up countless hours of valuable court time to ascertain. This testimony is then reduced to a written record, which will then later be used in court. Simply put, a deposition is a legal questioning.

Depositions are used to gather information that will be relevant to the trial. In medical malpractice cases, this will include information like:

Lawyer Malpractice

• Your experiences before, during, and after medical treatment. You will be expected to describe what treatment was like, and any injuries that may have occurred as the result of treatment.
• Information from the physician in question. The doctor or healthcare professional being accused of medical malpractice will need to describe the medical care he or she administered, in detail.
• Testimony from expert witnesses. In medical malpractice cases, the expert witnesses are other doctors who are familiar with the standard level of care and procedures involved in the case. His or her testimony will determine if the physician's care was adequate.

Medical Malpractice and the Deposition

Depending on your case, there may be even more testimony taken during depositions.

Benefits of Deposition

One of the chief reasons for depositions is to establish information while a witness still has a fresh memory of events. Often, trials occur months or even years after the incident in question. It's important to get a record of the testimony while it is still fresh in the minds of the people involved.

Like all other forms of legal discovery, depositions are taken so that both sides can have access to the same information. It provides a fair and equal amount of information before the trial begins, and prevents surprise witnesses that give one side an unfair advantage.

The Procedure

Depositions are taken in the presence of a court reporter, who will take stenographic notes of the hearing. Audio and/or video recordings may also be taken, but their advisability in court varies by jurisdiction. Like in an actual trial, you are sworn to an oath of truth before giving your testimony.

If you'd like to learn more about the deposition process and how it can affect your medical malpractice trial, visit the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., today.

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

1. Your injuries are not significant.

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

Lawyer Malpractice

2. You exaggerate and lie.

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

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

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

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

4. You are demanding.

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

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

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

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

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

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

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

There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there's nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you 0 for a repair, your medical malpractice lawyer may sense trouble in the future from your legal history.

Conclusion:

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

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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.

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Tips for Avoiding Malpractice

Malpractice has been in the news lately because of the rising costs in malpractice insurance for doctors. Some doctors have even had to close their practices due to this issue. For doctors trying to make it without running into malpractice problems it can be frustrating. However, there are some methods that can help to prevent malpractice problems.

Many doctors follow a process called SOAP. This process outlines simple steps to ensure the patient is fully aware of their situation and that the doctor covers all points necessary. There are some additions to the SOAP procedure that can help to further give the doctor and patient some security. The following list explains some simple steps a doctor can take to make the patient feel more comfortable and reduce the chance of a malpractice suit.

Lawyer Malpractice

- Include the patient in all decision making. Doctors need to fully explain all options, outcomes and risks to patients.

Tips for Avoiding Malpractice

- Keep clear and complete documentation. Many times documentation is a key element to malpractice suits. Keeping clear and complete documentation may help to save a doctor when in court.

- Double check important information. This is especially true when the patients condition is unclear. Checking and re-checking things like vital signs and keeping them documented will help the doctor treat the patient better.

- Protect everyone during a sensitive exam. Always have an assistant present when conducting a breast or genital exam. Have the assistant note in the documentation that he or she was present during the whole exam.

- Clearly state opinions from facts. Patients should always understand the difference between facts and opinions when making statements about diagnosis, etc.

- Make sure patients clearly understand about medications. Patients should know when and how to take medications prescribed as well as the name of the medication. This helps avoid many problems.

- Spend time with patients. Do not rush through exams and be ready to answer any question the patient may have.

These suggestions are just some of the ways to help avoid malpractice or if malpractice occurs to help get through the following matters. Malpractice is not good for anyone. Doctors pay and patients pay due to malpractice suits. Avoiding malpractice is in everyone's best interest. Taking every possible step to ensure patients get the best medical care and feel comfortable is the best way to avoid malpractice problems.

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What Is Arachnoiditis?

Following an accident resulting in damage to the spine, an introduction of the wrong kinds of chemicals into the body, or even a botched spine surgery, a person may develop a permanent condition known as arachnoiditis. Named for the layer of tissue that surrounds the spine, arachnoiditis is the inflammation of this tissue, which may then cause irreversible nerve damage around the spine. This disease is not only permanent, but may be extraordinarily painful for some sufferers.

Arachnoiditis develops as a notable inflammation of the arachnoid, one of the three meninges that play a vital role in protecting major nervous system components like the spine and brain. When damages to this tissue become more extreme, the result can be the formation of extensive scar tissue around the nerves. In some instances, these nerves may take adhesive properties, attaching to other nearby nerves.If this happens, the results can be extraordinarily painful.

Lawyer Malpractice

The symptoms for arachnoiditis are straightforward, but may be excruciating for sufferers. The most commonly associated symptom is chronic pain, which varies in severity according to the extent of nerve damage. This may be so painful for some that the act of sitting for a lengthy period of time becomes unbearable. In addition to chronic pain, numbness or a tingling sensation are notable problems cited by sufferers.

What Is Arachnoiditis?

Treatment for arachnoiditis is perhaps the most grim part of the disease. Although, for some, regular therapy and slight alterations to their lifestyle can reduce many of the symptoms, there is no cure. This disease is currently a permanent affliction, and all existing therapy options only to reduce pain.

For more information regarding how improper treatment can play a role in the development of this disease, contact a medical malpractice lawyer.

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If you have suffered this frightening disease because of a surgeon's careless mistake or a poorly executed pharmaceutical treatment, contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., today.

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Medical Malpractice Lawsuits - An Overview

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

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

Lawyer Malpractice

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

Medical Malpractice Lawsuits - An Overview

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

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

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Nursing Medical Malpractice

While physicians get most of the credit when a patient is cured, the reality is that in many cases, that patient's recovery would not have been possible without a nurse. Conversely, physicians also receive most of the blame when a patient is injured or passes away. In many cases, though, nurses may be to blame.

Nurses work in all parts of the treatment process. They often lay the groundwork for diagnosis, they assist with treatment procedures, and they tend to patients' needs as they recover. Each of these steps is vital in curing a patient's ailments. Unfortunately, there are many potential chances for error in these steps.

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Most commonly, nursing medical malpractice occurs when a nurse fails to tend to a patient's needs. This includes:

Nursing Medical Malpractice

· Failing to inform a physician of changes in a patient's condition
· Botching a patient's treatment
· Neglecting to monitor a patient's vitals
· Administering medication incorrectly
· Injecting patients with contaminated needles

Any of these errors may jeopardize a patient's condition and may cause him or her to suffer further ailments. Sadly, some patients may even pass away depending on the severity of the medical malpractice a nurse commits.

Victims of nursing medical malpractice may be entitled to financial compensation if they decide to pursue legal action against the healthcare institution that employs the responsible nurse. Usually, this will be on the grounds of medical malpractice, though families of individuals who pass away may have claims on the grounds of wrongful death.

To learn more about medical negligence and the law, visit the website of experienced Philadelphia medical malpractice attorneys Lowenthal & Abrams, P.C.

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Physician Malpractice

Physician malpractice is common in the United States and it is the reason for thousand of injuries every year.  It is the physician's responsibility to ensure the safety of their patient.  Patients put all their trust in their physician so it is important to honor that trust.  Any error on the physician's part can have serious consequences for the patients.

A medical lawyer represents victims of medical malpractice.

Lawyer Malpractice

Alarming Statistics

Physician Malpractice

According to the Institute of Medicine report taken in 1999, less than 100,000 deaths occur every year due to medical errors that should have been prevented.  In addition, hundred of thousand of injuries occur because of these mistakes. In a large-scale government study, more than half of the physicians surveyed admitted to making a serious mistake during medical procedures.  Three-quarters of physicians admitted to making minor errors.

As awful as these numbers are, it does not reflect the real extent of the problem.  It is thought by experts that these numbers are under reported because:

• Physicians fear the consequences of their mistakes, professional and legal
• Patients are unaware malpractice had taken place

Victims of Physician Malpractice Have Rights

If a physician or other medical professional has caused you harm because of negligence, you are entitled to some medical compensation.  Victims have legal rights to be compensated for losses they have suffered. If you or someone you know have been injured by a physician, contact a lawyer.  You may be a victim of medical malpractice.

The list below is some examples of malpractice by physicians:

• Misdiagnosis/ Missed diagnosis
• Improper treatment
• Surgery on the wrong body part
• A surgical instrument such as gauze was left behind
• Infections
• Delayed treatment

There are severe consequences such as damage of the organs, disability, coma, stroke, or death because of physician malpractice.  Victims can recover costs for medical bills and other costs related to the injury.  

It is important to act promptly when it comes to filing malpractice lawsuits.  Cases like these have legal deadlines (statutes of limitations) to file a claim.  They will answer any questions you have regarding your case and will advise you of your options.  

Find Out If You Have a Case

Contact a lawyer who will evaluate your case for free.  A lawyer will consider your case and determine if you are eligible to be compensated for your loss.  They will make sure your rights are protected.

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Malpractice Caps - Explaining the Unexplainable

A medical malpractice cap is a statutory limit placed on the amount of money a plaintiff may be awarded in the event of a malpractice legal case win. Additionally, these caps can and do limit the amount that malpractice victims can be charged for being represented by a malpractice lawyer. Often these caps are applied regardless of whether or not a recovery is awarded via judgment, settlement, or arbitration. They are the subject of national dispute, as it is often argued that these caps place an unfair ceiling on compensation awarded for losses incurred in the event of true medical malpractice.

Variations Throughout The Nation

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As with malpractice insurance premiums, malpractice caps vary throughout the country, and are tied directly to the state laws. While there are some states that do not have malpractice caps, this is not often the case. Malpractice caps are often only applied to damages tied to non-economic factors, such as pain and suffering, inconvenience, or disfigurement, as opposed to economic damages such as medical expenses.

Malpractice Caps - Explaining the Unexplainable

Cause for Debate

The variation amongst state laws is at the root, a large reason why there is such a debate about malpractice caps. As stated earlier, some states go without caps, while others exclude damages from disability and/or disfigurement. Some states apply the caps on punitive damages, while others only apply caps on victim recovery. More often than not, however, medical malpractice caps limit non-economic damage recovery rewards to somewhere between 0,000 and million dollars.

On the other end, these malpractice caps can apply to fees charged by malpractice attorneys to the victims for representation. While this is not as common as caps on rewards, there are some states that make use of this rule. A number of states have complex rules dictating caps on attorney fees based on state economic factors, amount of recovery, and more.

More Changes Coming

Malpractice cap laws are constantly changing throughout the nation. It is clear that in a system where the law can vary so widely, malpractice caps have not yet settled. Experts agree that over time the laws regarding malpractice throughout the nation may become more aligned, as the overall effect on the state, the attorney, the defense, and the plaintiff become apparent.

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If you would like to learn more about malpractice caps in your state, visit http://www.malpractice-history.com In addition we feature a growing list of malpractice facts and statistics to help you achieve a better understanding.

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Examples of Strong Medical Malpractice Cases

Sometimes it is difficult for people to understand what exactly a medical malpractice case is and you need to read some examples of strong malpractice cases in order to get a thorough understanding. There may be several circumstances under which the medical malpractice case can be registered.

Here are some examples of strong medical malpractice cases:

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Anesthetist is not exactly a doctor but he or she is related to the medical industry. Their job is to give anesthesia to the patient before the medical procedure or surgery begins. In case this person has been negligent or incompetent while performing his job, then the patient will suffer immensely due to the adverse side effects and sometimes it may also result in something serious like coma or death. An anesthetist has the responsibility to find out how to administer and if the patient is suited for the medicine.

Examples of Strong Medical Malpractice Cases

Cancer is another such illness where doctor's neglect reflects big time. If cancer is detected early, the patient chances of surviving are high; and in case it is detected late, then the patient might not survive. So it is a matter of life and death in this case. Once a patient approaches a doctor, early or late detection lies in the hands of the doctor.

Fractures, if not fixed in the right way, can make the patient suffer all their life with excruciating pain or deformity. It depends on the orthopedic doctor to ensure that the bone is set correctly.

Dentists often do not detect oral cancer in spite of examining the patient. Their negligence to identify the early signs of oral cancer can cost the patient dearly and sometimes his life.

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Eight Questions To Ask A Lawyer Before You Hire Them

Even a state as small as Rhode Island (the nation's smallest state, by the way) has thousands of lawyers, even though it ranks only 22 in the highest number of attorneys per capita. So how can someone weed through all those to find a top lawyer who will meet your needs?

The first thing you need to consider before hiring any lawyer is to decide what kind of lawyer you need. If you are getting a divorce, it's a good idea to pick an attorney who specializes in that area of law. Even if your neighbor is a top real estate lawyer, they're not qualified to represent you in your divorce. Lawyers are not doing you a favor by representing you; they want your business. You are hiring them, so treat them as you would a potential employee.

Lawyer Malpractice

Following are some questions you need to ask a lawyer before you hire them:

Eight Questions To Ask A Lawyer Before You Hire Them

•How much will this cost me? Don't be shy about asking how much the lawyer charges per hour. You should also ask what a good estimate of the final amount will be. If the amount is more than you can afford, chances are-no matter where you live-you can find another qualified attorney to represent you.

•How do you expect to be paid? Hiring an attorney can be expensive. Make certain you ask the lawyer how and when they want their fee paid.

•What is your experience with my type of case? They should have experience with the matter you need resolved. Ask them how many clients they've had and what the result of the cases were.

•Who, exactly, will represent me? Sometimes you go to a large law firm expecting to meet or be represented by the lawyer you see on television. If you're directed to someone else, make certain they are just as qualified to represent you as the lawyer who's in all those TV ads.

•Where did you go to school? This should only be one factor in many that help you to make your decision. Yale Law School producing many fine lawyers, but some bad ones, too. And some of the less prestigious school produce some of the top lawyers in the country.

•How long will the case take to resolve? An experienced attorney will have a pretty good idea who long your case is going to take. You want a realistic assessment, not a sales pitch.

•Do you have malpractice insurance?

•How will you communicate with me? It's important to know who often and in which method your attorney will use to give you updates on the case. You should agree upon a weekly, or monthly communications, depending on the case. Also, do they (or you) prefer phone calls or e-mails?

Finding the right lawyer should be stress free. Many lawyers offer a free consultation. Take them up on this and use this opportunity to ask them questions. If you don't feel comfortable with their style, it might be good to look elsewhere. Depending upon the case, you could spend quite a bit of time with this attorney, so you should feel as comfortable as possible with them. You want to have good chemistry with your lawyer.

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Jane Goodger has worked as a criminal and court reporter for several newspapers in Southern New England. She is now dedicated to helping Rhode Islanders find the best lawyers for their needs at http://www.TopRILawyers.com.

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