Life is extremely unpredictable and you should always be prepared for the worst case scenario. Be it medical malpractice, injuries or even accidents, a disaster can strike you anytime. If you have been the victim of someone else's negligence, then you have every right to claim a compensation for the same. The process of claiming for your loss would involve certain legal procedures. This is the reason why you will need to consult a malpracticelawyer. They will be effectively protecting your interests and will guide you through the entire phase so that you can come out victorious.
If you are wondering how someone else's irresponsible behavior can cause you any harm, let us take a situation for instance. Say, your neighbor has a ferocious dog as a pet. If you are bitten by that dog because its owner could not hold it on leash or the leash was not attached properly, you can claim a compensation for the injuries that you have sustained. Even medical practitioners can be really irresponsible sometimes which might lead to loss of lives as well. Though money cannot replace your loved ones, it is certainly a good medium to teach the guilty party a lesson.
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Malpractice lawyers can prove to be your best friend during those tough times. Whether it is you or a member of your family, who has suffered the injury, the medical practitioners will chalk out the way in which you can approach the negligent party legally. Before filing the lawsuit, you need to prove that the injuries have been caused by the mistake of another. Always remember that if you have not been harmed, you cannot sue anyone. Beyond the amount of damages which have been caused to you, the nature of the fault plays a key role in the determining exactly how much compensation are you liable to get.
Are You Looking For Some Of The Best Malpractice Lawyers?
The legal proceedings are an extremely time consuming process. It could take years for a case to get sorted out. If you do not have a malpracticelawyer by your side, you can end up losing the battle as well as thousands of dollars. Therefore a malpracticelawyer who has enough experience in this field as well as a sound record can pull you out of the mess.
If you are looking for some of the best malpractice lawyers, Ulster County, NY is where you should head. For efficient as well as reputed lawyers who will prioritize your interests and will successfully be able to guide you through the legalities, visit baschkeegan.com.
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Malpractice lawyers Ulster County, NY - If you are looking for an injury or malpracticelawyer in Ulster County, NY, Basch & Keegan L.L.P handle only personal injury, accident and malpractice cases and provide effective representation for your case.
With the world becoming more informed, it's little wonder why many people are turning to the law for their grievances. If you feel you have a case that could qualify for personal injury or if you experienced poor medical care, it may be time to hire personal injury lawyers or medical malpractice attorneys to help solve your dilemma. The following are questions you can use when hiring one.
Is this what you really do?
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Whether you're hiring personal injury lawyers or any other lawyer for the matter, you should always know if this is their bread and butter. Having a lawyer that truly specializes in your case can help your situation by leaps and bounds because you're at least sure that your lawyer knows what he or she is doing. It can mean lesser delays and headaches especially when you have to file papers or if you have to meet the other party's lawyer especially if there's an offer for settlement. If your case ever gets to court, for example, you know that your lawyer will know the necessary procedures before and during the trial. In case the lawyer you interviewed tells you that he or she is mainly practicing a different law category, you can still consider that lawyer if you really think that the person can help you better.
What to Ask Personal Injury Lawyers and Medical Malpractice Lawyers
What's your win-loss record?
An injury lawyer or a medical malpracticelawyer should be able to discuss the number of cases won and lost so you get a clearer picture of things. While the win-loss record is a main indication of the lawyer's strength, don't make this as the sole basis why you're going to hire that person. Many people would want to hire a lawyer with a higher winning rate of course, but this doesn't mean you shouldn't ask about settled cases. Sometimes, settled cases could yield better monetary results especially if you really need the finances for something important.
What's your payment scheme like?
Clients have to realize that while many personal injury lawyers and other lawyers out there do want to help your case, they're also there to earn a paycheck. Asking about the lawyer's fee is necessary so you know how much this will cost you. If possible, be thorough and ask the lawyer if he or she can make payment arrangements for you such as paying a down payment now and paying the rest of the amount later or paying a specified amount after a case is over. This information will be vital particularly if you don't have enough money on hand right now. While you may have reservations on discussing finances immediately, getting it done will help resolve issues faster so the lawyer can begin working for you.
The mentioned questions are there to serve as a guide when hiring medical malpractice lawyers or personal injury lawyers. If you have more questions in mind, don't be afraid to ask it to the attorney you're interviewing so you'll get clear answers. Don't feel discouraged if you don't find a lawyer immediately as this process really takes time. Remember, it's better to hire a lawyer that you feel can help you than end up with one that can't.
What to Ask Personal Injury Lawyers and Medical Malpractice LawyersBlake Shelton - Who Are You When I'm Not Looking Tube. Duration : 3.13 Mins.
What do you ask medical malpractice lawyers when you have been injured by a medical provider and you are trying to find the right lawyer? Here are several suggestions.
First, you need to find a lawyer who is experienced, knowledgeable, and willing to actually try a case in court. Next, you want a lawyer who will be honest with you. Finally, you need to know how much the lawyer will charge and how expenses associated with the case will be paid.
Lawyer Malpractice
Experience & Knowledge
What To Ask Medical Malpractice Lawyers
Medical malpractice lawsuits are complex, but jurors who decide the cases are not medical experts. They are lay people. You need a lawyer who is knowledgeable and understands medical treatment and who can explain the treatment in normal, easy to understand terms.
If you have researched your medical problem, you may ask the lawyer about your medical problem to see how familiar he/she is with it. Does the lawyer understand why you feel that there may have been malpractice? Can the lawyer explain other potential causes for your medical problem? Has the lawyer handled other cases involving your medical problem or similar medical problems?
Willingness To Try A Case
This aspect may seem silly. All lawyers try cases don't they? Actually, the answer is no! Some lawyers give a good talk, but they really do not try court cases. Instead, they do everything that they can to settle lawsuits. The reason that this is important is that when a lawyer will not try cases, insurance companies know it, and will give low ball offers knowing that the lawyer will accept a low offer rather than go to court.
When talking with medical malpractice lawyers, ask them questions like: How many medical malpractice cases have your tried in court? When was the last time you tried a medical malpractice case in court? How long does a malpractice trial last? Whatever you ask, you are looking to make sure that the lawyer will, in fact, "go to court".
Honesty
Despite all of the lawyer jokes, most lawyers are honest. But there are some who will misrepresent facts to get what they want. You need a lawyer who is honest with you when trying to get your business and who is honest with you as your case progresses.
One of the easiest questions is to ask how much your medical malpractice case is worth. If the lawyer gives you some fairly specific dollar amount or a small range of dollars, the lawyer may be less than honest. At the beginning, no one can really tell what your case is worth because so much depends on the facts of your case (the facts in every case are different), and, at the beginning, the lawyer doesn't know all of the facts. An honest lawyer will tell you that he/she just cannot say at the beginning what your case is worth. In fact, the lawyer will probably tell you that first, the lawyer must make sure that you do have a case.
Lawyer Fees And Costs
When talking with medical malpractice lawyers, be sure to ask them how much they charge, what costs there will be, and when are the fees and costs paid. You need a clear understanding of the dollar amounts that you will be expected to pay.
This is general information only. If you have any questions whatsoever about medical malpractice lawyers, talk with a lawyer licensed in your state.
This article may be republished, but the wording must not be changed and the author links must remain active.
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He helps navigate the murky waters that can trap an unknowing victim into muck and mire.
When a person slips and falls, causing injury, your lawyer needs to find out why you slipped.
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Was there a defect on the property that should have been corrected? Was it simply that you didn't see where you were walking? Was the staircase not up to code so as to make it dangerous? These are the questions your lawyer will need to examine.
What Exactly Does A Personal Injury and Medical Malpractice Lawyer Do?
Products causing injury
This is known as product liability. Let's say you opened a bottle of soda and the cap exploded off the bottle and into your eye causing permanent damage. Is the bottling company to blame? Possibly. How about a miter saw that is supposed to have a guard to protect your fingers as you slide the wood into the cutting blade? What about a car that permits you to move the gear into reverse without first putting your foot on the brake? (This is called a gear interlock to prevent kids from playing with the gear lever. It's happened where they slip the gears into reverse and the car starts to move causing injury).
Evaluation of a product that is commonly used or bought can be very technical. Many times we need to hire engineers to evaluate a product to see whether it was designed properly and was properly placed into the marketplace.
Medical Malpractice
Malpractice is a departure from good and accepted medical care causing injury. As with anyone, doctors are held accountable for their actions, as we all are. In order to confirm evidence of wrongdoing we need to have medical experts review your records before being able to start a lawsuit for your injuries. Most cases that I see in my office do not meet the strict criteria for being able to start a case. Of those we accept, some will go to trial and others will be settled before trial.
Malpractice cases are one of the most hotly contested areas of law today. The defense attorneys we often encounter are extremely well educated and trained at defending these lawsuits.
Car accidents
We all know what terrible reputations lawyers get from all those tacky advertisements showing damaged cars and clients in wheelchairs holding up poster-sized checks with lots of zeros after some number.
But the fact is that there are accidents and very serious injuries that result from these horrible events. Lives are shattered from a moment of carelessness. Just look around at how many people still talk on their cell phone while driving even though it's against the law!
Most people aren't interested in these informative newsletters because luckily, a tragedy hasn't befallen them. That's ok. We hope that it never does. The purpose of this newsletter is to give my readers an understanding of what we as lawyers do, and how we can help if the need ever arises. You'll find that I like to inform my readers about their options before they ever need a lawyer, and before they ever step foot into a lawyer's office. How many other lawyers do you know who do that?
In an accident case, I look to see how the accident happened. Where were you driving? What were the road conditions? Was your car in good mechanical condition? Was someone speeding? Did someone turn where they shouldn't have been turning? Was horseplay involved? (Think back to when a turkey was thrown from a moving car causing terrible damage to the woman driving behind them).
While going about our daily lives we shouldn't have to worry ourselves about getting injured. Common sense should dictate what good conduct is and what is not. Unfortunately, there are many people out there who are simply careless about how they do their daily activities. Haven't we all seen people reading the newspaper while stuck in traffic- and they're driving! How about applying makeup on the way to work, and driving at the same time?
Imagine this scenario...
A woman is late for work.
She's in her car and traffic is crawling. She's putting on lipstick and looking in the rearview mirror to see if it's on correctly. At the same time her cell phone rings, and while answering it, she decides to light her cigarette. Unfortunately for her, the car lighter drops to her feet and now she's got her lipstick in one hand, the cell phone in the other, a cigarette dangling in her lips, and she's supposed to be paying attention to the road.
Can't you just hear the accident in your head, and visualize the crushing of metal, as her eyes are on the floor looking for the lighter? Believe me, there are plenty of cases like this one that have caused other people injury.
Imagine if people were never careless! There would be no accidents, no need for insurance, and there'd be no personal injury lawsuits. Unfortunately, we are not perfect and accidents do happen.
But how then do you determine whether the accident was something that couldn't be avoided or was the result of lack of attention? We must conduct a thorough and detailed investigation.
Remember, when an injured victim comes to us, they're telling us what happened to them from their point of view. We have to investigate and make sure that all other points of view (witnesses) can confirm what we've been told. When we do that, we build your case and can then support the facts that led to your injury.
Dog Bites
Did you know that certain types of dogs are more prone to bite someone than others? Let's look at the pit bull for example. Just because a pit bull bites someone, as opposed to a tiny Chihuahua, does that mean the owner of the dog will be held responsible? The answer depends on many factors.
If the dog has never had any prior vicious tendencies and has never bitten anyone before, how then can his owner be responsible for this biting episode? One could argue that all pit bulls in general, are inherently violent. Not a bad argument to make, but not a totally accurate one either. What if you learned that before biting, the dog was tormented and teased repeatedly by a guest? Would that change things? Sure it would.
Injustice, humiliation and psychological injuries
We can all tell when an injustice happens-
Someone is pulled over because the color of his skin is different from those living in the neighborhood.
Someone is denied entry to a club because their religious beliefs are different than those who run the club.
Someone is denied service at a restaurant because of the way they dress or the accent of their voice. How about a woman who was denied a partnership because she was pregnant? What about the indignity of a high school football player who was sexually abused while away at football training camp with his high school team?
Despite all of our advances today, there is still bigotry, prejudice and hatred in this country. If you're a victim of injustice or humiliation what can you do about it? There are certain types of lawsuits that allow victims of injustice to seek justice. They're sometimes called discrimination lawsuits, or violation of civil rights lawsuits. The pain inflicted by injustice can be devastating and have long-term social and psychological effects.
Your lawyer will ask about your history, both medical and psychological. You will probably be asked to have specific psychological testing and counseling to confirm and identify some of the problems you are currently experiencing.
I know that some people believe that if an injury can't be seen that means it's less meaningful than a horrible disfiguring injury. That's not always true.
I'll bet there's something in everyone's childhood where they can remember a parent or an older child saying something bad about you. Looking back all those years, you still vividly remember the hurt you experienced that day. That's injustice. There's no 'physical' injury, but the emotional scar is ever-present.
So, "What does a lawyer do?"
A lawyer is someone to guide you; to help you through your trouble; to explain the law to you and how the law applies to your facts. A lawyer should be advising you of your legal options and what you can do to correct the injustices that have happened to you. That's what a good lawyer does.
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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
We all wish to lead a peaceful life without trapping into any kind of legal issues, but some situations makes it unavoidable to lodge a case in order to reclaim our rights. Making sure you have the right personal injury lawyer to represent you in your accident compensation claim is vital. However, with so many people claiming to be accident compensation lawyers, how can you possibly know which medical malpracticelawyer is going to be the best one for you?
Simple, ask the following 3 questions:
Lawyer Malpractice
1. First Things First - Contingent Fee?
Selecting a Medical Malpractice Lawyer - Three Questions
Is your lawyer more conscious about the fee to pay for him? Today there are some lawyers who are genuine and even ready to handle your case without fee. You need to pay for them only you won the case. The thing is you need to find lawyers who are offering this type of service.
2. Lawyers View - Settlement or Court?
Every one has his own instinct, even though we rely on a Lawyer some time we may want to go to court due to the strong belief on your side. In this cases if your lawyer is advising that you settle the claim you should discuss this with them either by telling the strong points of your side or by seeking advice to know whether is there any adverse effects for taking your accident compensation claim to court.
This is same for the opposite situations where the lawyers don't listen to your wishes and instead they want to go to the court. As such, if you want to settle the claim, rather than go to court, you should ask your medical malpracticelawyer whether they have any objection to such.
3. Lawyers Specialization on Medical Malpractice?
I know this will make you think like a silly question, but listen, there are a wide array of specialization in law field. You have to make sure that your lawyer is one who specializes in medical malpractice or not before you appoint them. Do not choose a lawyer who is working as an apprentice and offer to work with some compensation unless he had a proven record. Moreover, the area of law dealing with medical malpractice tends to be highly specialized - requiring medical terminology skills and updates regarding the changes in the field.
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Since 1991, Brett Oppenheimer has had the honor of fighting for victims and families who have suffered serious losses due to the negligence of others. Visit the website Kentucky Medical MalpracticeLawyer, and sign up for a free consultation.
If you have been injured while getting medical treatment, you may have a need for a malpracticelawyer. Perhaps you have a family member who was injured or even killed due to a doctor's mistake. Either way, you probably have medical or funeral expenses to pay, and you should not have to pay them on your own. Instead, consider getting an attorney to represent you so that you can get money to help with your expenses.
Of course, not every case can result in your expense getting paid. It first needs to be proved that you were in fact under the care of a doctor, which your medical records should show. You then need to provide evidence that they did not provide the proper standard of care, which means that you need to show what the standard of care is for your condition. Once that is shown, you need to prove that your practitioner neglected to provide that. Most people do not know how to perform these steps on their own, which is why a malpracticelawyer is typically necessary.
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Even if you are able to show the lack of proper care on your own, you should know that there are other steps in the case. For example, you need to have a medical witness corroborate the story. This is a physician who will appear in court to show that your practitioner did not provide sufficient care, leading to your injury. It can be difficult to find a physician who will participate in this type of case, though, even when an attorney is involved. Thus, it is a good idea to have a legal professional point you in the right direction, offering help to get you an appropriate witness who can support your story.
Malpractice Lawyer: Get An Idea Of How The Typical Malpractice Case Works
Though your injuries might seem obvious to you, it is necessary for you to prove that you were hurt due to the actions of the physician. If your practitioner was in fact negligent in their duties, but you were not injured as a result, you will not get any compensation, as you will not have any medical bills to pay. Therefore, you will have to show that you have been injured or disabled in some way due to the neglect.
These are main steps involved in the typical malpractice case. It is clear that without an attorney to help, it would be hard to prove your story. Thus, it is a good idea to hire a malpracticelawyer if you want the best chances of getting any compensation for the physician's mistake.
Malpractice Lawyer: Get An Idea Of How The Typical Malpractice Case WorksDanny MacAskill - "Way Back Home" Video Clips. Duration : 7.72 Mins.
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If you have suffered negligence at the hands of a health care provider and are in need of a malpracticelawyer Boulder offers a professional that has the expertise to help you with your case. For more information about this legal representative, visit: http://www.boulderlaw.com/
Every profession, no matter what field is its scope, is precious and should be valued. It is one of the greatest achievements of an individual; to have a profession at its choice, dream and goal. There are lots of field of professions that exist in the world today: accounting, engineering, architecture, education, business administration, law and the most common field is the field of medicine. Having a profession is not that easy since it has accompanying risks and consequences that you have to face while you exercise your profession. Talking about riskiness, the medical field is said to be the most risky field of all professions.
In the medical world that comprise the doctors, nurses, caregivers, paramedics and the other health care providers, they are exposed to lots of risk and consequences and as much as possible, they should avoid it towards their patients. Medical malpractice is one of the most tragic risks and it is sometime inevitable.
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Medical malpractice is a form of negligence by act or omission done by a professional especially of a health care provider towards his or her patients while practicing his or her field of profession. What happens usually is that the health care providers deviate from the regulations and standards due to fraud, errors, bribery of just to hide a lie and a secret. When these incidents happen, there is a big need of medical malpractice lawyers to settle, investigate and justify the accidents.
Medical Malpractice Lawyers For Medical Mistakes
Medical malpractice lawyers are professionals or experts that are in the scope of medicine. They are the lawyers that have a wide scope in the medicine world; the medical problems and the medical laws. With the help of these medical malpractice lawyers, the medical circumstances faced by the accused health care providers can have its claim; reach the courts in the fastest and complete way possible. Their job is to work with the hospital system, investigate the issue, and learn well the medical systems and laws and to find out what the most possible legal and right options for you. It is a matter of grace period given to you and your patient while finding ways and means to fight for your rights.
Major operations or any other medical treatment requires waiver but this does not mean that you will never be held liable whenever you commit medical malpractice. It is still your duty to give your patient due care in treating his or her illness. Appropriate standards and regulations are given and presented for you and you should be very conscious and aware of each of its details. It is better that you will have your own and personal medical malpractice lawyers ready in cases of inevitable accidents. Medical malpractice lawyers are not just for instances when a medicine specialist has done a medical malpractice but they also fight for the rights of the specialists whenever they are deprived or accused of something that is not factual.
Medical mistakes can happen anytime if you do not give concentration and due care to your patients. If it is your choice to feel lax in being a health care provider, you will still suffer in the end. Giving passion and attention to everything you do will put you and your profession at ease and value.
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You should be more cautious about your health. If you experience the early symptoms of any disease which you are not familiar with, you must be aware with its negative effects and seek the attention your doctors immediately. However you should also be aware of medical malpractice and its horrible cases. Don't let your family suffer because of your own negligence. Click here for more details on how you can subscribe to their daily programs.
A potential client calls the office with a story that rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible, I tell them to stop and list to this two-part question:
"What do you think was done wrong, that caused you permanent harm?"
Lawyer Malpractice
That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered. Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.
2 Questions Every New York Malpractice Lawyer Needs To Ask
The two-part question mentioned above has contained within it three elements needed to prove a successful case. In every medical malpractice case in New York your lawyer must be able to prove that (1) there was wrongdoing, (2) the wrongdoing caused injury, and (3) the injury is significant and permanent. Lots of callers can talk at length about elements numbered one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury.
It is also important for any lawyer to speak to, to inform you that all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to successfully prove your case.
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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.
Malpractice claims have to do with a physician taking you on as a patient, accepting that they have a duty to offer you with healthcare and blundering in their obligation. When this is the predicament, individuals have the right to talk to a lawyer and see if there was some sort of medical negligence present. Medical negligence, nonetheless, isn't unquestionably what individuals like to feel it is.
Suppose, for example, that you have a physician who is absolutely rude. They make you feel like they are not terribly preoccupied with how you are doing and they do not take considerable time whenever they review you. The initial component of the obstacle with this example doctor is not medical negligence: it's basically mediocre bedside routine.
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The second element, still, where they fall short to take adequate time to give you a legitimate examination, might prompt to a form of medical negligence that is usually the purpose that individuals file lawsuits. Failure to diagnose lawsuits make up about half of the medical malpractice claims filed every year.
Learn What Medical Malpractice Really Is
A lot as is the case with psychology, there is something of a well-known understanding of medical malpractice that doesn't really add up with what the expression literally signifies. If you're not happy with your physician, it does not suggest that they're not capable. But, if your medical professional truly does treat you as if you are simply a number and a check to cash and doesn't give you appropriate medical treatment, then they very well may be negligent if you suffer a medical condition due to that. If you informed them that you felt lightheaded, for example, and they advised you to just cut down on the coffee and then you ended up needing to go to the ICU because it turned out you have high blood pressure, they might have failed you in their responsibilities as a health practitioner. This is where lawyers come in.
Medical malpractice attorneys can represent you if a medical professional's negligence has led to you experiencing an injury. Every time a doctor doesn't do their finest to make sure that you have healthcare that you can depend on, you might be looking at a medical negligence case. The only way to find out for sure is to talk to an attorney. Some attorneys operate on probability, so you do not have to pay them until you actually win the claim that you file.
Learn What Medical Malpractice Really IsBlake Shelton - Who Are You When I'm Not Looking Video Clips. Duration : 3.13 Mins.
Rasansky Law Firm is an award winning personal injury law firm based in Dallas, TX. If you feel that you need the help of an experienced attorney, contact Rasansky Law Firm today. Visit http://www.jrlawfirm.com or call 877-331-4156 for a free, no obligation case evaluation. The time to act is NOW!
Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want the doctor's license revoked; some want the hospital punished. Then again, some want total and full compensation.
"YOUR CASE IS WORTH MILLION DOLLARS," says Jim Bob, Lawyer extraordinaire. "Oh no, your case is worth more than that," says lawyer Dewey Cheatem. "Just sign right here with me and I promise you I'll get you millions!" screeched the TV advertising lawyer.
Lawyer Malpractice
Whatever the motivation, a civil lawsuit for medical malpractice and personal injury seeks money for the injured victim. But how are you to know how much your injury is worth?
How Much Money Is Your Malpractice Case Worth?
The answer is not so easy to answer, and here's why...
If you listen to each of those attorneys above, they all promise you something that they can't do. How do I know? Just ask each of them to put that guarantee IN WRITING. They'll never do it. That I guarantee!
In every State, and in every County there are multiple factors that go into the mix to determine what your case is worth. It is important to remember that no two cases or injuries are the same. Having said that, I'm going to explain the basics:
1. Economic loss: This one is easy. How much money did you lose because you were injured? Were you out of work for days, weeks or months? Did your employer pay your salary during that time? If not, you can calculate the amount of money you would have been paid had you not been injured.
What if you have a permanent disability that prevents you from working in the future? Well, now things get a little more complicated. Your lawyer will need to hire an economist to predict what your earnings would have been for years into the future. He will also have to predict what perqs and benefits you'd have received if you worked to retirement age.
This gives us hard numbers that we can use to show the extent of your permanent injury.
But what if you didn't lose time or money from work? What if you were a housewife (or househusband), or unemployed at the time of the injury? Does that mean that you're not entitled to collect any economic loss? Yes. But all is not lost. There is still pain and suffering, and possible claims for loss of services that I'll explain in a moment.
2. Pain & Suffering: How do we know that your fractured hip in Brooklyn, New York is worth the same as in Cincinnati, Ohio? Your lawyer is usually able to do research which will tell him (or her) what similar cases have settled for or resulted in jury verdicts and appeals.
Here are important points to know which will help you answer the original question, 'how much is your case worth?':
1. What is your race or nationality?
2. What town do you live in?
3. What is the race or nationality of the people you have sued?
4. What County have you brought your lawsuit in?
5. How old are you?
6. What is your life expectancy (based upon statistical tables)?
7. How long were you in the hospital?
8. Over what period of time have you received medical care for your injuries?
9. What problems do you still have from your malpractice?
10. How are you disabled or limited from doing those daily activities that you used to be able to do?
11. Do you have kids?
In the case of an 80 year old woman who fractures her leg, her case has less value than say, a 35 year old executive who lost 1 month from work, was in the hospital for 3 weeks and now limps from the injury.
Take a look at a recent settlement in New York City...
It involved a young man who had both legs amputated when the Staten Island Ferry crashed because of negligence of the crew. The City of New York decided that this injury was worth almost Million dollars. This was one of the largest settlements ever for an injured victim in New York. Why is his injury worth more than a family who lost their father when doctors misdiagnosed his lung cancer?
The answers can be confusing. The answer can also depend on which lawyer you hire and how experienced he (or she) is in negotiating and trying cases.
So beware the lawyer who tells you what your case is worth as soon as you walk in the door. A thorough investigation of your case, your injuries, your disabilities and limitations all go into the mix to determining what your case is worth. Even then, there's no guarantee you can get that magical number. But try you must. Remember, keep an open mind and ask your lawyer lots of questions.
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Tweet this Vid-ee-oh! clicktotweet.com DOWNLOAD this SONG: bit.ly Beat By: VandalizedProd Title: Tides of War Available at www.beatswagger.com Cast and Crew Directing Dave McCary www.youtube.com On Camera: Jonathan Na On Costumes: Nikki Fancy On Everything Helper: Mike Schroeder Carbonite Special Effects: Geoff Yano Darth Vader: Nice Peter Adolf Hitler: Lloyd Ahlquist Thank you for your suggestions, they are hilarious and awesome, keep them coming! see you soon, - nice peter
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
Medical malpractice is the act of negligence by any medical professional. There can be devastating consequences due to the negligence. In the United States, there are hundred of thousand injuries to patients because of the medical malpractice each year. One hundred thousand deaths also occur because of neglect. These numbers are disturbing however, what is more alarming that less than 15% ever file a lawsuit. By taking legal action, a victim can recover compensation for damages suffered. Victims may be able to recover any medical expenses and emotional damages.
What is Medical Malpractice Negligence?
Lawyer Malpractice
Doctors, nurses and other healthcare professionals have a duty to their patients. If this duty is breached it is known as medical neglect. Neglect by a physician can cause damage, possibly permanent, to their patient.
Medical Malpractice Negligence
The last decade this has become more commonly seen. Factors such as miscommunication or even doctor arrogance contribute to medical negligence. Though the neglect is not always intentional, the results are just as upsetting. Injuries have been permanent and even fatal because of the mistake.
Injured by Medical Malpractice Negligence?
Doctors do not only do errors. Nurses and lab technicians are also capable of making mistakes. Some factors that contribute to medical malpractice are:
Doctor error - misdiagnosis, removing the wrong body part during surgery, failure to respond to fetal distress during delivery
Nurse error - Not following physicians orders, not qualified to perform certain duties
Laboratory error - Lab tests, x-rays or other reports misinterpreted
These are the more common errors made, there are more. If you suspect an injury was caused by a doctor's neglect, speak to a medical attorney.
Compensation for Injuries
Compensation is owed to victims of medical malpractice negligence. Victims can recover not only medical costs but also lost wages, loss of earning capacity because of a permanent injury, mental anguish and other related medical expenses. If a victim dies because of the mistake, the family can seek money for less of companionship. There are deadlines to file so speaking with an attorney as soon as you suspect medical malpractice caused your injury is very important.
Talk to an Attorney
Talking to an attorney is important because they will protect your legal rights. Medical malpractice attorneys will offer free evaluations and they will be able to explain your legal options.
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Just because of a medical malpractice, what could have been a grand moment in your life could turn into a total disaster for you. A problem with a newborn arising from gross negligence on the part of the health care provider could be classified under medical malpractice. The right recourse is necessary to be taken by those affected by such malpractice issues, and getting a Chicago birth injury lawyer may get you through this painful litigation process. Just like in any other lawsuit, it is important to get the right counsel to face these legal procedures.
The Chicago medical malpracticelawyer is more than adept in handling the different issues on negligence in the proper legal route. On top of this, it would serve you well if you would have some background information as to how the legal procedures are taken step by step. The following is a brief but comprehensive reference on the legal procedures involved in a medical malpractice lawsuit against a party responsible for such negligence.
Lawyer Malpractice
The first part of this procedure is the proper notification. Here, the person or persons responsible for such negligent acts are duly notified and informed of your intention as a complainant. This of course warrants the full assistance of a Chicago birth injury lawyer or a Chicago medical malpracticelawyer.
The Process Of A Birth Injury Lawsuit
The accused makes the effort of informing the medical malpractice insurance firm on the purported lawsuit and gets a lawyer to act on his defense. After this, the lawyers of both parties interact for and in behalf of their clients.
The next part of the process is the discovery stage or the collection and collation of the pieces of evidence. The normal route is for investigative people under the supervision of the lawyer to take the cudgels of this task. It would be the responsibility of the aggrieved party to collect all medical and financial documents and all pertinent personal information to the accused. A separate medical examination, and in certain instances an MRI, is done on the child. This would be the supporting items to prove there was injury caused to the child at the time of birth.
The deposition comes next, or the evaluation of the collected evidence which is treated individually for their separate merits. Part of the process in this case includes the examination and cross-examination of the Chicago birth injury lawyer and his counterpart. This process would include the testimonies of the physicians, nurses, technicians and all others involved in the delivery of the baby.
The negotiation phase would follow, and in most cases, the Chicago medical malpracticelawyer would be in a good position to conduct negotiations after all the evidence has been collected and collated. It would be the job of the lawyer to Assess the extent and seriousness of the injury, considering the economic and other losses, actual and potential, and conferring the matter with the insurance company. The trial phase would ensue should the negotiation stage fail.
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