A woman who had orthopedic surgery underwent a partial knee replacement and the doctor waited until after the patient was in the recovery room when he took an x-ray for the first time. It wasn't clear whether the hardware was in the right place. Despite the fact there was a question as to whether the knee was correctly positioned, the doctor decided not to do anything about it and sent the patient for physical therapy.
Over the next few weeks the patient continued to complain of pain. Over the next couple of months the pain continued unabated. The patient finally went to another orthopedist with these complaints and the first thing he did was take an x-ray to see what was going on. The x-ray clearly showed that the hardware in the knee was totally in an incorrect place and the patient now required corrective surgery within three months after having the initial hardware put in.
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When the patient had the corrective surgery, she had to have the partial knee replacement removed and now she had to have a total knee replacement put in which will hopefully last her for many years to come. The original knee replacement was supposed to last for 10-12 years, but because the doctor did not put it in the correct position this patient now needed to have surgery at a much earlier time period under general anesthesia. Luckily for this particular woman, after undergoing a recuperative period of time, she did very well with her total knee replacement.
Improper Knee Replacement - Medical Malpractice Lawyer Explains
Improper Knee Replacement - Medical Malpractice Lawyer ExplainsChina Anne McClain - Dynamite (from ANT Farm) Video Clips. Duration : 3.07 Mins.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in New York.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. For more information, call him personally at 516-487-8207.
Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry's free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.
When an injured victim calls a lawyer, a good malpracticelawyer can tell in a few minutes whether there's a potential case. Here's 5 tips to clue you in to what they look for.
Most folks are unsure where to begin when calling a lawyer's office. They want to know if they have a case, but don't know what the lawyer needs to hear. Most want to come into the office to talk. Others want advice over the phone. A good medical malpracticelawyer looks for these 5 things:
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(1) An ability to tell the lawyer what happened.
5 Secret Tips a Good Malpractice Lawyer Uses To Screen Your Case
If the victim can't talk or has little memory of the events, then the lawyer needs to speak to a family member who might have more information.
It's ok if the victim can't recall what happened. The lawyer can usually put the pieces of the puzzle together with medical records and other witnesses. However, if the injured victim can talk but can't articulate why they think something was done wrong, proving a case becomes much more difficult.
Also, if the victim can't describe what injuries they suffered as a result of the wrongdoing, it becomes impossible to prove a successful case.
(2) An ability to listen.
Your malpracticelawyer needs to know specific information. He will ask you a series of questions that establish basic information such as "How old are you," "What do you do for a living," "What do you think the doctor did wrong," "What permanent injuries do you have from the wrongdoing," "Has any doctor criticized the care you received from your other doctors?"
There are some potential clients who keep talking and simply don't want to hear what I have to say. For those people, I know at the outset that dealing with them will be difficult.
(3) An ability to ask questions.
Most people who call a lawyer for help have never been in that situation before. That's why they're calling for help. It's natural for a victim to have questions about the legal system, legal fees, how lawsuits work, and what their chances for winning their case are. The more inquisitive they are, the better informed they'll be.
(4) The potential client who continually asks "What's my case worth?" is usually the type of person who will live for their case, as opposed to living their life. What do I mean?
There are people who live their lives and try to restore their dignity by going back to work, or improving their lives despite their disability. There are others who want to milk the system, and are content to sit home and watch TV until their lawsuit is finished.
From a lawyer's perspective, a person who makes every effort to overcome their disability tends to generate much more sympathy than someone waiting for their ticket to be punched.
(5) Is the injured victim shopping around for a lawyer?
There are some folks who jump from one lawyer to another looking for a better deal, a better lawyer, a lawyer who tells them only what they want to hear, or a lawyer who doesn't know about their other cases.
I can usually tell within minutes whether this is the case. That's ok if it is, I just want to know about it up front. A client's honesty is paramount to keeping a good working relationship. If the client isn't honest about the facts of the case, or they're hiding something from me, we'll usually find out about the inconsistency during our investigation.
If we don't, I guarantee the defense will find out about it during the lawsuit and it will definitely hurt your case.
Conclusion: Finding a good malpracticelawyer is easier if you've done your research and know what to look for in a good lawyer. Ask your potential lawyer if they have free reports and information on their web site that informs them how lawsuits work before they ever walk into a lawyer's office.
When you make that call to a malpracticelawyer, keep in mind these 5 tips, and you'll have a much smoother experience than you might otherwise have had.
5 Secret Tips a Good Malpractice Lawyer Uses To Screen Your CaseSean Garrett ft. Rick Ross - In Da Box Tube. Duration : 4.20 Mins.
Music video by Sean Garrett ft. Rick Ross performing In Da Box. (C) 2011 Sony Music Entertainment
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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
There's a commercial for a mens clothing store in New York that says "An informed consumer is our best customer." This is true for people who have potential medical malpractice and injury cases. From the moment the phone rings until we've finished their case, the most important aspect of my job is to inform you, the client, whether you have the basis to bring a lawsuit, what your chances for obtaining money are, and to give you the best legal advice possible.
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Without good legal advice, your ability to make informed choices are limited. That's why you need as much information as possible, and as soon as possible. You don't want to be told that the time to bring your lawsuit has lapsed, which leads me to the next topic:
Medical Malpractice - 10 Reasons Why You Should Call A Lawyer
2. LEARN WHAT YOUR TIME LIMIT IS TO START A LAWSUIT
You must know how much time you have to bring a claim and/or a lawsuit. There are many different time limits in New York, depending on the type of case you have. In a car accident case you generally have three years from the date of the accident in which to start a lawsuit. However, you only have 30 days to file a claim with your insurance company if you want them to pay for your medical bills.
There are many different exceptions to the time limits in New York. For example, if you were treated in a City Hospital such as Coney Island Hospital or Jacobi Hospital and you feel a doctor or nurse treated you improperly that resulted in injury, you'd have only 90 days to file a claim against them. Then you'd have only one year and 90 days from the date of the malpractice within which to start a lawsuit. BUT WAIT! You can't start your lawsuit until after you've filed a claim against the agency that 'owns' the hospital. See...it gets complicated. That's why it's so important to learn about the time limits you have. YOU MUST BECOME FULL INFORMED.
If you wait too long to seek legal advice, you might not be able to start a lawsuit because your time has lapsed. Find out now, then make your decision about whether you want to proceed with a lawsuit.
3. MEET WITH THE ATTORNEY TO SEE IF YOU'RE COMFORTABLE WITH HIM OR HER
Not every attorney will fit every client. It's like a first date. Some people you'll feel comfortable with, and others you won't. You won't know until you actually meet with the lawyer. Look at the surroundings. Look at how organized the lawyer is. Is the lawyer a professional. Does he or she appear confident in their abilities? Is the lawyer explaining and answering your questions, or is he or she trying to sell you on how wonderful he is? Use your common sense when deciding whether this lawyer is for you.
If you're unsure, tell the lawyer honestly that you're not sure whether you're going to choose him, and need to speak to other attorneys before you make a decision. Being open and honest with your lawyer is extremely important. Most lawyers will understand your reluctance to immediately sign up. Some will pressure you to sign a retainer before you leave the office. Remember, this is YOUR CASE. You must feel right with whichever lawyer you choose.
4. EVALUATE THE LAW FIRM
Does the lawyer have support staff to handle any questions or issues if your lawyer is busy? Does he have partners? Is he a solo practitioner, or is this a large law firm? Is the lawyer you meet with the one who will be with you every step of the way? Or will your case be assigned to different lawyers as it makes its' way through the legal system?
If you have questions about the status of your case will the lawyer you meet with call you back, or will you get a call from some paralegal you've never met before? When you call the office will you have to give them a file number for them to know who you are and what's going on with your case, or will the attorney have these facts at his fingertips?
Answers to these questions will help you decide if this lawyer and this law firm are the right match for you.
5. DOES THE LAWYER HAVE FREE INFORMATION FOR YOU BEFORE YOU EVER WALK IN THE DOOR?
Before going to meet the lawyer, can you get information about lawsuits and his experience from any written materials like a brochure or his law firm website? Look to see what information they provide. Is the lawyer hesitant to talk to you on the phone? Are there any pamphlets or booklets the lawyer has written that he sends to prospective clients to give them information about their type of case?
Remember, becoming informed is the key to understanding your legal rights.
6. ELIMINATE SURPRISES- ASK ABOUT FEES
Most lawyers who handle medical malpractice and injury cases in New York do not charge any fee to meet with them or to investigate your case. If an attorney accepts your case, they will have you sign a retainer agreement which sets out in detail the terms of the fee arrangement. In injury cases, typically the attorney will receive 1/3 of the net fee (after expenses and disbursements have been re-paid). In a medical malpractice case, the lawyer will get a fee that is much less, and works on a sliding scale- as the client's share goes up, the lawyer's fee drops.
7. ASK ABOUT EXPERIENCE
In most medical malpractice cases, a lawyer's experience is the key to getting not just fair compensation but just compensation. You must ask not only how long the attorney has been in practice, but how long they've handled cases like yours, and whether they have handled cases similar to yours. Obviously past experience does not guarantee a future result. However, with past similar cases the attorney has the ability to properly advise you about what needs to be done to try and achieve the best result possible.
8. ASK ABOUT PREVIOUS CASES SIMILAR TO YOURS
(See #7 above)
What if your attorney has never handled a case like yours? Well- you can still stick with this attorney. I'm sure he can learn everything he needs to handle your type of case. But remember this- This is the only time you'll be able to bring a lawsuit for your injuries. Don't you think you might be better off with an attorney who has handled these types of cases for years and years? The choice, as always is yours. Make your decision after carefully thinking about the risks and benefits of choosing one lawyer over another.
9. ASK ANY ATTORNEY YOU MEET, WHO HE WOULD USE IF HE NEEDED A MEDICAL MALPRACTICELAWYER
If the lawyer you meet with is confident of his or her abilities, they should have no problem recommending another attorney for you to get another opinion. However, if they are hesitant, or refuse to give you another name of an attorney to consult with, I would personally questions why not? Obviously, they don't want to lose you as a prospective client. However, I have found that lawyers are totally upfront with clients and give them the information they ask for, more likely than not, the client will return to their office and ask them to be their lawyer.
10. YOU HAVE NO OBLIGATION WHEN YOU CALL AN ATTORNEY FOR INFORMATION IN NEW YORK.
Just because you meet with an attorney, without paying any fee, does not obligate you to sign up with or stay with that attorney. We hear so often in attorney advertising "There's no obligation!" What this means is that you have a choice. If you like the attorney and are confident of their abilities, great! If you don't, say "thank you for your time," and move on to the next attorney. You are under no obligation to stay.
Medical Malpractice - 10 Reasons Why You Should Call A LawyerDavid Guetta - Little Bad Girl (Official Video) Video Clips. Duration : 3.52 Mins.
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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
There's an old joke that asks "How do you get to Cargenie Hall?" The answer is "Practice."
The same can be said for becoming a medical malpracticelawyer in New York.
My first boss, a well-known trial attorney in New York, told me one day after an exhausting and productive day, that trial lawyers are not born great trial lawyers. Rather, they must practice their trade day in and day out. Only through experience and practice can one become a truly good lawyer.
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Becoming a lawyer
How to Become a Medical Malpractice Lawyer in New York
In order to become a lawyer in New York, you must attend four years of college. You then must take the LSAT (law school admission test) and apply for admission to law school. Law school is usually a three year program, and once you finish school- you must take the New York State Bar Exam. This is a two day exam that tests your knowledge of general and specific areas of law. Once you pass the bar exam, you must pass an interview with the character and fitness committee in the County in which you live. Once you have passed the interview you will be permitted to practice law in the State of New York.
Gaining experience
Most attorneys will go to work for a law firm to gain experience, and after a few years, move to a different firm. Some will open their own law firms, and some will remain where they started. One of the best ways to gain experience in medical malpractice law in New York is to work in a defense litigation firm that handles medical malpractice defense. There you will learn to handle the file, deal with paperwork, attend court conferences, deal with clients, take depositions, and if you're lucky, assist senior attorneys with trials. In years past, the younger associates at such defense firms could easily count on starting their own trials within one to two years of passing the bar. However, with malpractice cases being so complex, and physicians and insurance companies being weary of the young novice attorney representing such significant matters, it's unlikely that you will be handling your own trial until you are either a partner, or have many years of experience under your belt- even if you are the smartest attorney to come out of your class.
Medical malpractice law
Medical malpractice law is a sub-specialty of tort law- also known as personal injury law. The only way to become good at it is to gain experience by practice and guidance with a senior trial lawyer who handles these cases on a day to day basis. Not only do you need to learn the law specific to medical malpractice issues, but you also have to become somewhat of an expert on the medicine involved in the case.
Learning the medicine occurs by reading medical literature, medical textbooks, speaking with physicians, consulting with your medical experts, and treating doctors. Learning how to apply that knowledge to your case is what takes time and experience. Learning how to cross-examine a doctor at a deposition or question him skillfully at trial is what separates the good attorney from the excellent attorney.
Contrary to what we see on television, the key to being a good trial attorney who handles medical malpractice cases is preparation. Preparation of the medicine, preparation of your records, exhibits, your clients, and your experts; in a word: Preparation. You must know your case better than your own client does. You must educate the Court about your case, the law involved specifically in your case, and must convey your knowledge to the jury in a way that makes your case more believable than your adversary's case.
My own experience
In my daily practice, I truly enjoy handling medical malpractice cases. I enjoy speaking with potential clients who call to see whether they have valid cases that warrant investigating and prosecuting. The hardest part of my job is telling a potential client that I cannot accept their case. When that happens the natural question is "Why can't you take my case?" The answer to that question can be simple or complex depending on the type of case they're calling about.
Being able to help victims of medical malpractice is always rewarding, as many of these victims cannot help themselves and need legal help with rebuilding their lives, their finances and their frail bodies.
For those who call for tort reform, keep in mind that there are many instances of valid malpractice cases here in New York that so few contrarians even wish to discuss. Rather, they want to focus on a few bad apples who bring cases that are questionable. Instead of focusing on a few bad apples, keep your mind focused on what can be done to prevent malpractice from happening, and once it does happen, how to properly and fully compensate the injured victim.
How to Become a Medical Malpractice Lawyer in New YorkSelena Gomez & The Scene - Love You Like A Love Song (Lyrics) Video Clips. Duration : 2.93 Mins.
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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
An incidence of medical malpractice can be a difficult matter to prove. Recent statistics indicate that almost two-thirds of all cases result in victory for the defendant. The attorney is required to prove both negligence on the part of the caregiver, and damage or loss as a result of this negligence. Despite the difficulty this often presents, the prevalence of large malpractice insurance policies demonstrates that doctors and large healthcare providers are not too eager to take any risks.
The most common situation that could result in a medical malpractice case is that of risky procedures or treatments given to a patient during a hospital stay. Hospitals are generally liable for any actions undertaken by any of its employees, obviously including any negligence on the part of a doctor or care provider.
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The risks of incurring a malpractice case become even greater when one considers that malpractice is not always based on what a doctor might have done, but also what he or she did not do. For example, take the Polk County Florida case in which the family of a thirty-one year old wife and mother was awarded .75 million due to an undiagnosed, and subsequently fatal heart disease. In this case, the court did not find a direct cause-and-effect relationship in which the doctor in question misdiagnosed, made an error in surgery or otherwise injured the patient. He or she simply failed to make the diagnosis of a heart condition that would result in the woman's death. After it was determined that that doctor displayed negligence in omitting this diagnosis, that a reasonable person could assume that the proper diagnosis both should have been made, and that this would have avoided the patient's death, the case was ruled in favor of the plaintiff.
Medical Malpractice Cases: Trends and Insights
Despite the above example -and the many like it that occur each year in hospitals in Florida and across the country - courts usually find medical malpractice cases in favor of the defendant (the doctor or hospital, etc.). Nevertheless, with damages often reaching into the millions with each finding of medical malpractice, doctors and healthcare providers approach medical malpractice cases with the utmost concern - and a hefty insurance policy.
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Medical Malpractice Info provides detailed information about medical malpractice attorneys, laws, cases, insurance, statutes of limitation, and more. Medical Malpractice Info is affiliated with Business Plans by Growthink.
The last thing you need when searching for a Los Angeles malpracticelawyer is additional stress. The key is to devise a list of items you should keep in mind when searching for your lawyer, which is what we're going to help you with in this article! Read on to find out how you can find a good lawyer in the LA area who specializes in malpractice lawsuits.
First and foremost, do your research. Finding the right lawyer to represent you can be difficult, especially if you do not know all of the different types out there. For example, there are many different types of malpractice lawyers and you should know the differences before you decide.
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Even if you minimize your search down to "Los Angeles malpractice lawyers," you'll soon find that there are many attorneys who deal with specific areas within malpractice, such as legal and medical malpractice. Decide which type of malpractice your case falls under and then weed out any prospective lawyers via this criteria.
Finding a Trustworthy Malpractice Lawyer
LA is full of many different lawyers that can represent you for many different things but another thing you want to keep in mind is going to be the rate. It only makes sense that Los Angeles lawyers will be a bit on the expensive side, as LA is an expensive place to live, however, doing some comparison shopping of rates is going to only benefit you in the end, so make sure that you are doing that.
Finally, you want to ensure that you are finding a credible lawyer. That way you can make sure that the lawyer that is representing you is one that has a great reputation. This might require you to dig a little bit into past cases and such just to make sure that your lawyer is going to be an honest one.
As you can see, there are a ton of different points that you need to keep in mind. Just make sure that you run down the list here and you will find the best Los Angeles malpracticelawyer possible!
Finding a Trustworthy Malpractice LawyerBlake Shelton - Who Are You When I'm Not Looking Tube. Duration : 3.13 Mins.
A Los Angeles malpractice case doesn't have to be scary. Enlist the help of a good lawyer who specializes in malpractice. You'll find that having someone to lead the way can make all the difference.
If you feel as though you have been treated wrongfully by a medical practitioner, you may be interested in filing a medical malpractice lawsuit. This requires a great deal of consideration because it is not an easy lawsuit to file. Medical malpractice lawsuits have been on the rise in the United States for years. As new treatments begin emerging, there are people who will be looking to place the blame for the problems associated with the procedures. While many of these are filed out of grief for the loss of a loved one, others are filed out of greed. It is important to determine the reason for filing the suit and to make sure it fits the definition of malpractice.
It is first important to know when filing a medical malpractice lawsuit that there is a statute of limitations. This means you only have a certain amount of time before you can no longer file a lawsuit. This is intended to protect doctors from people who are looking to sue after an unreasonable amount of time has passed. It is also important to know that you may not proceed in filing a medical malpractice lawsuit once a patient has been transferred to another facility of care. Before filing a medical malpractice lawsuit, consider legal consultation to make sure it is still a reasonable action.
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You must also decide if you wish to seek a trial. It is the right of anyone looking to file a medical malpractice suit to seek a trial with a jury. A judge will preside over the trial and there will be a jury to decide the outcome. There will also be expert witnesses who will help determine whether or not the doctor violated medical standards. Whether through improper actions or gross negligence, there must be proof that the medical provider did something wrong. For many of these cases, it is determined that the lawsuit is intended to place blame and take money for the wrong reasons.
Filing a Medical Malpractice Lawsuit
For these cases, finding the appropriate lawyer for filing a medical malpractice lawsuit is crucial. Since the plaintiff is the person who was injured or killed by the improper medical practices, they need to be represented. Even if the person has passed, they are still considered the plaintiff and require adequate representation. When you have found a lawyer who has experience with filing medical malpractice lawsuits, you can proceed with the trial. The outcome is impossible to determine beforehand and varies vastly between different cases.
If you have a viable reason for filing a lawsuit, there are a few things to consider before rushing into a lawsuit. Doctors are required to maintain personal liability insurance in order to offset the costs of medical malpractice suits, so you must make sure you are prepared to face their lawyers. Since these lawsuits can number in the millions of dollars, it will pay to have a very good lawyer. But if you or someone you love were wronged by medical malpractice, it is worth the money and trouble.
Filing a Medical Malpractice LawsuitRazy Gogonea - Britain's Got Talent 2011 Audition - itv.com/talent Video Clips. Duration : 4.85 Mins.
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