lawyer malpractice

Common Problems Encountered in Dealing with Lawyers

2011-12-14T20:15:00.001-08:00

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.

Lawyer Malpractice

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

2011-12-12T15:46:00.001-08:00

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

2011-12-10T11:30:00.001-08:00

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

Lawyer Malpractice

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

2011-12-08T07:00:00.001-08:00

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.

Lawyer Malpractice

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

2011-12-05T18:45:00.001-08:00

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:

Lawyer Malpractice

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

2011-12-03T12:15:00.001-08:00

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

2011-12-01T06:46:00.001-08:00

'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

2011-11-28T22:45:00.001-08:00

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.

Lawyer Malpractice

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

2011-11-26T11:00:00.001-08:00

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

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

2011-11-23T21:46:00.001-08:00

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;

Lawyer Malpractice

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.

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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

2011-11-21T15:00:00.001-08:00

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.

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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

2011-11-19T07:00:00.001-08:00

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

2011-11-17T02:46:00.001-08:00

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

2011-11-14T18:46:00.001-08:00

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

2011-11-12T09:00:00.001-08:00

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?

2011-11-10T05:00:00.001-08:00

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

2011-11-07T18:15:00.001-08:00

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

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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

2011-11-04T22:00:00.001-07:00

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

2011-10-31T00:01:00.001-07:00

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

2011-10-27T06:00:00.001-07:00

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

2011-10-25T02:00:00.001-07:00

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

2011-10-22T19:00:00.001-07:00

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.

Medical Malpractice Can Happen to You

2011-10-20T07:00:00.001-07:00

It doesn't matter who you are, medical malpractice can happen to you. Most of the time doctors really do have your best interests at heart, and will do their best to take care of you as much as is medically possible. However, there are the few cases where doctors make mistakes, whether honest mistakes or not, and unfortunately the patient has to pay for it.

When your doctor gives you improper treatment or in some other way neglects you and your medical needs, it is referred to as medical malpractice. Professional negligence by a health care provider can prove to be very harmful, and in the worse case, fatal to the patient.

Lawyer Malpractice

Medical malpractice can happen to you, and if it ever does, you are entitled to file a claim against your doctor. Professional negligence can happen when you visit your dentist, your family doctor, and even your obstetrician. There are also known cases of legal malpractice.

Medical Malpractice Can Happen to You

Most professional negligence cases stem from the doctor misdiagnosing the patient, having diagnostic errors, or even a delay in proclaiming the diagnosis. When a doctor misdiagnoses the patient, it often results in treatment of the wrong problem or administering the wrong medications. About 30% of medical lawsuits that are ER-related involve a misdiagnoses. About 20% of said lawsuits occur because the doctor failed to diagnose the patient.

Medical malpractice can happen to you if your doctor does not follow proper procedure, or in very few cases, the doctor deliberately did not do what was needed. Sometimes you are ruled out for a particular diagnosis because of your age or other demographical factors. Whatever the reason it happens, you, the patient, are left with the consequences. Professional negligence can harm you both physically and emotionally.

One thing that is important to know is that if and when you do fall victim to medical malpractice you do have the right to file a lawsuit. In order to treat you the doctor will have you sign a waiver, however this does not mean that you have no control in the case professional negligence occurs. You have the lawful right to file a malpractice suit if and when your doctor is negligent.

If you ever find yourself in a situation where medical malpractice can happen to you, and you decide to file a lawsuit, you may be entitled to a monetary settlement. Several factors will be considered when settling, including extent of damage received and the long-term effects of such damages.

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Don't allow yourself to believe that you have no rights if you have been a victim of medical malpractice. For more insights and additional information about Medical Malpractice as well as finding a wealth of resources to help you determine how to move forward or what to do next, please visit our web site at http://www.malpracticeinfonow.com

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Why You Shouldn't Rely on a Lawyer Who Tells You Your Case Is Worth Millions

2011-10-18T02:00:00.001-07:00

I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren't you telling me the same thing?

A: Simple. What those lawyers did was tell you something they could never guarantee.

Lawyer Malpractice

There is no way for them to know how much money they could obtain for you, especially before any case is started on your behalf. Even if I were to give you a number that I believe you are entitled to, it would be absolutely wrong. I could give you a wildly outrageous number or a very small number. Both would be wrong.

Why You Shouldn't Rely on a Lawyer Who Tells You Your Case Is Worth Millions

At the beginning, there is so much information to obtain about your injuries, your medical records and how your injuries have affected you that it is impossible to tell you what your case is really worth at the outset.

It's true that there are similar cases that we may know the value of, but remember, each case is different, and each case has different facts that can make it difficult to compare with yours.

The job of a good lawyer is to gather ALL of your information, and then formulate the chances and likelihood of success of your case. A lawyer who does that stands a much better chance of explaining to a client the approximate value of their case.

I'll let you in on a little secret. I suspect that those other attorneys who told you your case was worth millions did so primarily to have you sign up with them as opposed to going to another attorney.

No matter what any lawyer says, it is impossible to guarantee such a result. If you don't believe me, just ask the lawyer to put that promise in WRITING. See how quickly they backtrack when you ask them to do that!

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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.

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

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How to Know If You Are the Victim of Medical Malpractice

2011-10-15T00:46:00.001-07:00

Understanding if you are the victim of medical malpractice requires a quick evaluation of the circumstances surrounding your specific incident. What is more difficult than understanding if you are a victim of a medical injury is understanding if you have a legal case for a lawsuit. You should never trust your own judgment in such situations. If you have any suspicion at all that you may have suffered from medical malpractice, you should call an experienced lawyer for a professional consultation. An attorney will be able to confirm if you are indeed a victim and provide an estimate of any compensation to which you are legally entitled.

A valid medical malpractice case requires that you and your situation meet all of the criteria legally set forth for the occurrence of medical negligence or medical injury. Generally, the amount of the damages must be greater than the legal cost of the case. Determination of medical malpractice can be determined by asking yourself the following questions:

Lawyer Malpractice

Were you injured during treatment or while in the care of medical professionals?

How to Know If You Are the Victim of Medical Malpractice

To be a victim of malpractice, an injury or some sort of damage must have occurred. This is a requirement of all civil tort cases in the United States. Damages can be physical, psychological, or monetary. In addition, the damages must have been caused unnecessarily, but the line between what is necessary and what isn't can be blurry and has caused heated courtroom debate in more cases than one.

Damages can include any or all of the following: disfigurement, disability, loss of income, loss of capacity to earn future income, pain, suffering and medical expense. The more serious cases will involve several types of damages, especially if they are permanent, such as permanent disability.

Were errors made by a medical professional during your treatment?

When damages occur as a result of medical treatment, it requires that the damages were avoidable. Medical malpractice assumes that had the medical professionals done their job correctly and without error, the damages would not have occurred. Every doctor, nurse, and medical assistant must adhere to certain accepted medical standards. When they deviate from the accepted standards of care, grounds for negligence are created. A doctor or the hospital a doctor works for is legally liable for any injuries resulting from negligent treatment.

Did the errors during treatment cause the injury?

For medical negligence to occur, the injuries must be a result of the negligence. If a personal injury results from the medically accepted standard of care, it may not be able to be considered malpractice. Also, if a doctor makes an error or deviates from the accepted standard of care during your treatment, but it doesn't cause any damage or injury it, also, cannot be considered.

How serious is the injury?

Malpractice claims are usually very complex, labor intensive, and time consuming. The case will be expensive, usually more than the plaintiff can afford should payment be required upfront. Because of this, lawyers pick and choose which cases they will accept very carefully. Even the greatest of lawyers cannot afford to lose too many medical malpractice claims. It would bankrupt them. If the injury is too small, most lawyers will not accept the case. When the cost of the case is more than the damages that can be received, it is not worth pursuing.

An example of a medical malpractice claim that probably wouldn't be accepted is as follows: A doctor makes an error while stitching a wound. The wound becomes infected the next day requiring another trip to see the doctor. The doctor corrects the error, successfully treats the infection, and it completely disappears in two days. No permanent damage occurred. The cost was only an office visit and lost work equaled zero to two days. Many lawyers would not bother with such a case.

Ultimately, you should not be deciding yourself whether you have a basis to file a claim. This decision should be left to an attorney experienced in these cases.

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Schultz & Myers, a St. Louis medical malpractice lawyer is committed to representing personal injury victims throughout Missouri. We aggressively pursue those accountable for our clients' injuries and remain compassionate in handling the sensitive nature of each unique claim.

Psychiatric Malpractice

2011-10-12T11:00:00.001-07:00

Victims of psychiatric malpractice face a difficult battle. Mental health care patients are vulnerable to negligence and wrongdoing by the very nature of their condition. When the do speak up about mistreatment, their complaints are often dismissed or ignored.

Patients with a history of emotional instability, impaired judgment, or erratic behavior are easily taken advantage of by the mental health system. Due to the stigma of mental illness, those capable of speaking up for themselves often lack the courage, feeling that no one will believe their claims.

Lawyer Malpractice

Psychiatric malpractice is a very real form of medical malpractice, which can have devastating mental, emotional, and physical consequences. Psychiatric malpractice can be deadly. It should never be ignored.

Psychiatric Malpractice

Informed Consent

Mental health care patients have the legal right to be informed of the risks and benefits of undergoing or choosing not to undergo a treatment. Just like any other type of patient, they have the right to refuse!

Unfortunately, many patients, their loved ones, and the general public are under the impression that the right of informed consent does not apply to mental health patients.

What constitutes psychiatric malpractice?

Mental health care providers have a duty to treat their patients with dignity, provide adequate care, and prevent harm. Unsuccessful does not in and of itself constitute malpractice. Psychiatric malpractice includes:

· Failure to diagnose

· Failure to treat

· Failure to recognize worsening of condition

· Negligent psychotherapy

· Abandonment

· Negligent or harmful use of medications

· Failure to monitor medications

· Lack of informed consent for medications, therapeutic technique, or procedure

· Emotional manipulation

· Fraud

· Breach of confidentiality

· Defamation

· False imprisonment (including inappropriate restraint)

· Physical abuse

· Sexual Misconduct

· Failure to prevent harm to self or others

· Inadequate supervision

· Wrongful death

Medication errors

Mental health care providers have a duty to prescribe appropriate medications, in appropriate doses. The medications prescribed for psychological disorders can be dangerous, causing severe physical and emotional side effects. Many of these drugs are even more dangerous if a patient suddenly stops taking them. Doctors have a duty to inform patients of the side effects of the drugs that they are prescribed and the dangers of ceasing medication.

In some cases doctors have been misinformed by drug companies, about the medications they are prescribing. Even worse, they may not have been told about dangerous side effects that were known to the drug makers, such as suicidal behavior. Drug manufacturers will often try to claim that the deadly results were caused by the mental illness rather than the medication.

When patients are harmed by defective medications the responsibility normally falls on the drug makers, rather than the doctor who prescribed the drug. Then it becomes a product liability suit instead of a medical malpractice suit.

Taking action

You do not need to know which kind of lawsuit you have in order to take action. If you feel that you or a loved one has been the victim of psychiatric malpractice, you should talk to an attorney who has experience with these kinds of cases. Your attorney will investigate, determine what type of case you have, and advise you on the best course of action.

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Contact a qualified attorney in your area by visiting The Personal Injury Lawyers Directory

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How to File a Dental Malpractice Lawsuit - You Deserve Quality, Affordable Dental Work

2011-10-09T13:45:00.001-07:00

You deserve quality, affordable dental work, as well as a means to receive justice when you do not get the proper treatment you need from your dentist. By establishing whether your injuries were caused due to negligence or not, by specifying the quantity and severity of your injuries, and by hiring a competent malpractice lawyer to help you navigate the legal process, you can receive just compensation for your dentist's malpractice! Read on for more details.

1. Establish that your dentist acted negligibly and caused you harm as a result. Establishing negligence may be the most important part of filing for malpractice, so you can take steps to receive just treatment Malpractice, according to the law, is defined as "the negligent conduct of a medical professional that is directly responsible for causing an injury to a person." Successful malpractice suits have dealt with situations such as unnecessary extractions, nerve damage, anesthesia complications, and faulty crowns or bridges. Malpractice can also include passive negligence by your dentist - if he or she chooses to not treat or even mention a serious oral issue that you have.

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2. Specify the quantity and severity of your injuries. Any harm caused by your dentist's negligence must also be quantifiable and severe enough to be defined as malpractice. If you simply "experienced pain" or just had to go back for another visit after your dentistry procedures, chances are that your case will not make it very far. You must define exactly what harm you experienced, the dates of onset and duration, and the specific monetary costs resulting from the harm and/or its repair. To define these stipulations, you may want to list your lost profits or income due to inability to work in proper health, your medical expenses, your out-of-pocket payments for services related to the injury, and the specific ways in which you suffered or experienced pain.

How to File a Dental Malpractice Lawsuit - You Deserve Quality, Affordable Dental Work

3. Hire an experienced, affordable malpractice lawyer. Most dentistry malpractice cases never make it to court. Instead, dentists usually try to settle these suits out-of-court in order to avoid the stress and cost of court proceedings. Unless you have a legal background, you can benefit from an expert's advice regarding whether or not to accept an out-of-court settlement offer from your dentist. Out-of-court settlements typically will reward you less money, but will also save you the cost of court and extended attorney fees, as well as time and stress. You should consult an attorney at least once to determine whether your injury qualifies as malpractice within your state, as laws vary between states. Affordable dental malpractice lawyers can be hard to come by, but their help is worth it.

When selecting a malpractice lawyer, look for a firm where at least one of the partners has trained as a dentist. His or her experience can help you greatly as you discuss whether your injuries were the result of dentist negligence. Also inquire about the firm's record of success or failure in settling out-of-court cases.

Do not let fear of the legal system (or just laziness) keep you from getting what you deserve - follow these tips today and join the 10,000 Americans who have picked themselves up, shaken off their financial burdens by filing for malpractice, and are back in the saddle receiving quality, affordable dental work!

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Medical Mistakes That Warrant a Medical Malpractice Lawsuit

2011-10-07T08:23:00.001-07:00

Many medical mistakes can lead to a medical malpractice lawsuit. Misdiagnosis, delayed diagnosis, mistakes made during anesthesia or a host of other mistakes can make the victim eligible for monetary compensation by means of a lawsuit. The severity of the mistake and the physical outcome of the patient are ultimately what determine the compensation owed to the victim.

Misdiagnosis: A misdiagnosis is when a doctor inaccurately determines that a patient has a specific condition or disease, then later it is discovered that they in fact have something else. Improper treatment in the form of wrong medication or unnecessary surgery may lead to injury or even death.

Lawyer Malpractice

Delayed Diagnosis: This is when the attending physician fails to determine the cause of the patient's illness until it is too late to provide adequate treatment. The patient doesn't receive timely medication or surgery and the illness continue to develop. Delays are also caused if a patient is forced to wait in the emergency room too long.

Medical Mistakes That Warrant a Medical Malpractice Lawsuit

Mistakes in Anesthesia: Anesthesia is the medication that causes a patient to sleep deeply during surgical procedures. Sensitivity to anesthetics isn't always a known factor and may cause serious problems in some patients. The anesthesiologist is responsible for reviewing all of the patient's medical history to make sure there will be no adverse affects.

Prescriptions: Mixing medications can cause serious side effects. Doctors must review a patient's medical records to make sure they do not prescribe a medication that will cause serious side effects if mixed with something else.

Childbirth: Mistakes during childbirth may cause physical harm to the mother or the child or both. The most common mistakes cause broken bones or brain damage. Sometimes too much force is used or the infant is left in the birth canal too long and suffers brain damage due to lack of oxygen.

These are just five of the more common mistakes that warrant a medical malpractice lawsuit. Any time you believe you or someone you care about have been a victim of malpractice or neglect, contact an experienced medical malpractice lawyer to discuss your situation.

What You Should Know

The statute of limitations must also be taken into consideration. All states require that malpractice lawsuits begin within a certain timeframe. Taking action within the allotted timeframe is imperative, if you fail to file suit within the statute you will lose your right to recover even if the doctor was negligent.

Medical mistakes that justify a lawsuit are varied. However simply because there was a poor result from a doctor or hospital's care does not mean they were negligent. Medicine is not an exact science. Different doctors may treat the same symptoms differently. Often there are different was to perform a surgery or even different opinions as to whether surgery is the best option.

Medical malpractice or negligence cases should never be handled without the assistance of an experienced malpractice lawyer. These cases are often very difficult because you have to prove the doctor or facility deviated from the accepted standard of care. Several determinations must be made in order to prove that damages were caused by a physician or hospital.

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David Rosenbaum is an experienced Philadelphia medical malpractice lawyer practicing for over 15 years. He is an owner of the law firm Rosenbaum & Associates and oversees the litigation department. You can visit his website at http://www.rosenbaumgroup.com or contact him at (215) 569-0200.

Medical Malpractice VS Legal Malpractice

2011-10-04T23:00:00.001-07:00

What is medical malpractice? Well it is when a doctor messes up and causes a worsened problem with a patient or god forbid makes a mistake due to negligence or ignorance and then the patient dies. In this case the legal professionals or lawyers sue. But too often the lawyers are suing in cases that are not legitimate negligence cases and this is a huge cause for alarm. One has to ask what if we could sue lawyers for Legal Malpractice.

For instance when they sue the wrong parties, lie or make up false claims and file them into court or give bad advice to their clients causing them to lose a case that they clearly should have won? Shouldn't we be able to sue the lawyers and make them pay for our losses? I mean that would be fair right?

Lawyer Malpractice

And just think of all the horrible lawyers out there who should not be practicing law, because they are incompetent? What about them; I say we have legal mal practice laws and these lawyers pay who mess up pay huge sums of money when they do. That would be the right things to do under the law.

Medical Malpractice VS Legal Malpractice

We seem to be living in legal hypocrisy these days as the lawyers get off scott-free and the doctors pay super high premiums for medical malpractice insurance and these costs get passed onto the consumers and patients while the lawyers run a muck. Consider this in 2006.

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Quick Tips On How To Find a NY Medical Malpractice Lawyer

2011-10-02T19:00:00.001-07:00

How do you find a medical malpractice lawyer in New York?

That's almost like asking the rhetorical question, "How do you get to Carnegie Hall?" The answer of course is "practice."

Lawyer Malpractice

When looking for a medical malpractice lawyer in the State of New York, here are your varied options:

Quick Tips On How To Find a NY Medical Malpractice Lawyer

1. Look in the yellow pages

2. Get a name from a billboard

3. Call your local bar association (not the place where people drink, rather the place where lawyers belong, and usually have a lawyer referral service)

4. Get a name from a friend

5. Get a name from someone who was satisfied with their malpractice lawyer

6. Do an online search

"Which is the best way to find a lawyer?" The answer is 'all of them'.

Here's what I mean. Each method above has it's risks and benefits. The key is trying to find an attorney who is experienced in handling a case like yours, and one that you feel comfortable with.

Dilemmas using each of the methods above include,

(1) Trying to distinguish one lawyer from another in the yellow pages.

They all pretty much say the same thing. So how do you know which full-page ad lawyer is right for you? It's really difficult- even for an experienced lawyer to tell the firms apart.

(2) The same problem arises from a billboard.

Sure the billboard may capture your attention, but does a photo of a crashed car and an injured victim tell you what type of lawyer or law firm you're dealing with?

(3) When you go to a lawyer referral service at a bar association, are you getting the next name on a list that the organization has?

This is almost the same as closing your eyes and pointing your finger blindly in the yellow pages? You don't really know if there are any qualifications needed for the lawyer to be listed on their referral list, other than to pay the yearly dues to the bar association. Maybe they handle malpractice cases. So how do you know if this is the right lawyer for you? You need to ask lots of questions about the lawyer's experience and what type of law firm they have.

(4) Getting a referral from a friend is a great way to find a lawyer.

But what if you don't have any friends who know a good lawyer to handle your particular type of case? On to the next method...

(5) Getting the name of a lawyer from someone who was happy with their malpractice lawyer is also an excellent way to find a good lawyer.

But again, what if you don't know anyone personally? Then go on to the next method...

(6) Do an online search.

Your best bet is to focus on the search words for your neighborhood. For example, let's say you live in Brooklyn, and are looking for a medical malpractice lawyer to help you investigate if you have a valid case. You could enter the following words in Google search, "medical malpractice lawyer in Brooklyn." The results will give you a lot of useful information, and then you can start looking at each web site to see if that lawyer is right for you.

When looking online, keep in mind the difference between websites that come up on the first page, known as "organic search results" as opposed to the paid advertisements that appear at the very top of the page, and those in the right hand column of the search results page. The difference between the paid ads and the organic results, is that the paid ads literally pay to appear on that page when a particular search is done. The natural search result is Google telling you that these websites are important and relevant to your search results. Does that mean that a lawyer that pays to advertise on that page isn't the right one for you? Not at all. Just keep in mind the distinction when doing your search. Ask why that law firm isn't in the organic search, and why are they only on the paid advertising section.

Also, I've found it extremely helpful when a lawyer has a video on their site explaining how they can help you, rather than explaining how great the lawyer is. I know when I look for information online, I don't want to hear how wonderful someone is. I am searching online because I have a problem, and I am looking for a solution to my problem.

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Medical Malpractice Lawsuits

2011-09-29T15:25:00.001-07:00

Have you or a loved one's health recently been affected by the negligence or misconduct of a physician or medical staff? If so, you may be eligible to file a medical malpractice lawsuit in order to recover damages for your medical costs, lost wages, and pain and suffering.

Medical malpractice can take many forms, such as failing to diagnose a serious medical condition, misdiagnosis, adverse reactions, and anesthesia, surgical, and medication errors. It is important to note that not all medical errors constitute medical malpractice; thus, it is crucial that you speak with an experienced malpractice lawyer to determine if negligence has taken place and what your legal options are.

Lawyer Malpractice

Who Can File a Lawsuit?

Medical Malpractice Lawsuits

Malpractice lawsuits can be filed by an injured patient against a doctor, nurse, member of the medical staff, or psychologist who violates the state's medical laws. A hospital may also be named in your medical malpractice lawsuit.

Massachusetts Medical Malpractice Lawsuits

Massachusetts's statute of limitations regarding medical malpractice cases is three years from the discovery of your injury; therefore, it is important to consult with a Massachusetts medical malpractice lawyer as soon as possible if that is where your injuries occurred. The exception to the three-year statute of limitations is if you discover that a foreign object was left inside of you during surgery.

During a Massachusetts malpractice lawsuit, the defendant may not ask to have the liability reduced by claiming that the plaintiff's insurance already paid for some of the costs. This is known as the rule of collateral source.

In cases involving joint or several liabilities, each person who is deemed negligent is required to pay the entire amount that is determined by the judge. If one person is unable to pay, the other person must pay the entire amount.

In order to win your Massachusetts medical malpractice lawsuit, you must show that the other party was negligent or engaged in misconduct. It is important to hire a medical malpractice lawyer who has successfully handled cases similar to yours. An experienced attorney will know how to investigate your case in order to prove liability. If you win your case, you may be compensated for loss of income, medical bills, mental anguish, and other expenses related to your injury.

How a Medical Malpractice Lawyer Can Help

Insurance companies and hospitals will often attempt to settle quickly in order to avoid costly legal fees, however, the amount of compensation offered is usually far below what those injuries will cost you and your family in lost wages and medical treatment, not to mention the significant loss of quality of life that usually accompanies the serious medical conditions that often result from negligence.

A qualified attorney can help your family gather and examine medical records and other evidence, as well as call upon expert medical testimony to prove your case in court.

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For more information on filing a medical malpractice lawsuit in Massachusetts, visit http://www.TomKileyLaw.com.

Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.

Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association. He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America's leading lawyers and law firms.

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Types of Medical Malpractice Insurance

2011-09-26T23:00:00.001-07:00

One of the first elements attorneys consider in a malpractice case is the type of insurance the accused medical professional has and the liability coverage limits of the specific policy. Different insurance types and liability limits warrant different case strategies.

If you are considering filing a medical malpractice claim, you may find it helpful to know more about malpractice insurance and how it may impact your case. There are two primary types of medical malpractice insurance coverage: claims-made and occurrence coverage.

Lawyer Malpractice

Claims-made medical malpractice coverage

Types of Medical Malpractice Insurance

Similar to home or auto insurance policies, claims-made insurance policies cover malpractice that takes place during the policy period. Unlike traditional home or auto insurance, however, for a claim to be covered, it must also be reported to the insurance company during the active policy period.

If a claims-made malpractice policy is switched to a new carrier or canceled for any reason without provisions to extend coverage beyond the coverage period, no benefits will be paid, even if the act of malpractice occurred while the policy was in force. Instead, a medical provider could be held personally liable for the costs associated with your claim, without a liability cap.

Your attorney knows to explore the insurance coverage of the accused medical provider in your claim to determine exactly how coverage-or lack of coverage-may impact your case.

Occurrence medical malpractice policies

An occurrence policy insures for any incident that occurs while the policy is in effect, regardless of when a claim is filed, even if the policy has been canceled since the act of malpractice occurred. Occurrence policies take into account current and future claims of malpractice, although the limits of liability are those in effect when the incident occurred.

Under an occurrence insurance policy, your medical malpractice lawyer knows going into the lawsuit what the liability limits will be in your case and plans the strategy of your case accordingly.

How does malpractice coverage work?

Imagine an incident of malpractice occurred on July 1, 2004. The treating physician became aware that there may be a possible claim on July 1, 2005 and notified the insurance carrier then. On July 1, 2006, a medical malpractice claim was filed.

An occurrence policy in effect on July 1, 2004 would cover the claim, despite when the actual lawsuit was filed or notification made to the insurance company.
A claims-made policy in effect on July 1, 2006 would cover the claim, as long as the retroactive date is no later than July 1, 2004.
A claims-made policy in effect on July 1, 2004, but terminated as of July 1, 2005 would deny the claim because the active coverage period ended before the claim was reported to the insurance company. If the physician did not purchase "tail" coverage to extend the provisions of his malpractice insurance of 2004, the physician may become personally liable for the costs associated with this malpractice claim.

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The intricacies of medical malpractice insurance can be complex. Experienced Chicago medical malpractice lawyers are your best resource to assess the merits of your medical malpractice claim.

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Dental Malpractice

2011-09-23T04:31:00.001-07:00

Malpractice committed by the dental health care providers is called dental malpractice. It is expected of Dentists and Oral Surgeons to ensure a decent standard of care while giving dental services to the patients. The standard of care is measured on the service provided by other professions in the same geographical area or practitioner specializing in the dental field. Like the doctors and physicians, the dentists and oral surgeons have to treat their patients who trust their services and duties. But when the dental professionals breach their duty, inflicting injury, damage and loss, dentists and oral surgeons commit dental malpractice - for which they can be sued by the patients. For instance, if a patient who approaches the dentist with a tooth ache finds himself losing sense in the tongue due to some mistake made by the dentist, he has the right to question the malpractice and register a complaint against the practitioner.

Often the patient or client tries to resolve the issue by informing their dentist first. Still if they are not satisfied with the remedial steps taken by the dentist, the client can file a case against the dental professional for their negligence or dental malpractice. The damages caused to the patient may be temporary or permanent, affecting the nerves of tongue, mouth, chin, lips, or of course teeth. The patient may hold the dental professional responsible if they fail to detect oral cancer or injure the patient in surgery. Thus the complaints often vary from services or fees paid for improper treatment.

Lawyer Malpractice

A dental practitioner maintains the record of his or her patient, along with their case history, before proceeding to treat the patient for dental care. If the patient feels that damage has been caused in the process of treatment, then he or she can take actions with the help of their attorney. The attorney, an expert in the field, evaluates the case as being valid to recover the damage. The patient may even place a complaint with the State License Board. The license boards, on the other hand, will review and begin investigations based on the complaint received. In such a situation the dental practitioner can face suspension, fee restitution, fine, and even revocation of license.

Dental Malpractice

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

Medical Malpractice Law in Nevada

2011-09-20T04:46:00.001-07:00

Nevada is one of the best places to visit in the world. We all know that medical malpractice is spreading pretty quickly. The United States of America is severely affected by health malpractice; especially the state of Nevada has a large number of malpractice victims. We all need to fight against this social evil. So, if you are suffering from medical malpractice in Nevada then you must file a suit against the accused medical professional.

Medical malpractice is the medical negligence of a health care provider while providing treatment to a patient that causes the patient a certain injury. Medical malpractice occurs due to the decline in the standard of medical care. Nevada has placed various restrictions against medical malpractice. All the malpractice actions in Nevada must be brought within four years from the date of action accrued or within two years from the date the injury was discovered.

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The state had adopted the principle of modified comparative negligence. There is a limit on non - economic damages in Nevada. Punitive damages are allowed in this state. There is proportionate liability for all the defendants in the state of Nevada. There are no special restrictions on the expert testimony in this state.

Medical Malpractice Law in Nevada

A health care institution in Nevada may be held liable for the wrongful deeds of a non - employed health professional. Attorney fees are restricted to, 40% of the initial ,000.00, 1/3rd of the next ,000.00, 25% of the next ,000.00 and 15% of any recovery over 0,000.00.

There is no cap on damages in Nevada. Periodic payments are not required in this state. There is no patient compensation fund or state - sponsored liability for physicians in Nevada. It is vital for you to get your claims reviewed or arbitrated by an expert panel before the actual complaint is filed. Then a settlement conference takes place.

Hiring a specialist attorney in malpractice cases is very important. If you want to get your compensation then you must appoint a professional lawyer. Hiring a lawyer could be a bit expensive. So, if you are a victim of medical malpractice then contact a legal representative now. Don't forget to go through this article once.

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Understanding Apraxia

2011-09-17T23:00:00.001-07:00

Brain injury can manifest in multiple ways depending on where the injury is located or how that injury develops. As a result, losses can occur in areas that are considered contributors to major human functions. This can lead to a loss of speech, feeling, desire, or the basic motor abilities that humans almost unconsciously perform. The inability to complete basic actions is also known as apraxia, and has far-reaching complications.

The most widely reported type of apraxia is known as ideomotor apraxia. This disorder is characterized by the inability to complete a certain motor command, which is perhaps the simplest form of apraxia. This damage can then be divided according to the loss of motion. A lack of motor commands from arms and legs is known as limb apraxia, while buccofacial or nonverbal-oral apraxia governs the face.

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While nonverbal-oral apraxia equates to the inability to complete commands related to the face, there is a separate disorder that affects spoken communication. Verbal apraxia affects the parts of the brain necessary for speech production. In particular, this may disrupt the tongue and throat, which are instrumental to creating speech. While it seems related, this inability to create clear words should not be confused with aphasia. Aphasia does not affect motor commands, but impedes language mentally.

Understanding Apraxia

Finally, apraxia can target very specific motor commands that link to more complex brain functions. If a certain area of the brain is injured, a person may not be able to draw certain shapes. Similarly, a person may find their ability to plan out multiple actions is clouded and ineffectual in actually achieving those goals.

Brain damage can cause an otherwise fully cognizant and intelligent person to simply become incapable of doing a very basic action. The root causes include a large number of different factors, which may be the result of a poor procedure performance or improper treatment solutions. For more information about how these injuries develop, contact a medical malpractice attorney.

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If you have suffered because of the negligence of a healthcare worker, you may be entitled to pursue legal action. Contact the New Jersey medical malpractice attorneys of Levinson & Axelrod today.

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Punitive Damages in Medical Malpractice Cases

2011-09-14T08:31:00.001-07:00

Not all patients who file medical malpractice lawsuits are successful in their goal of being compensated by the health care provider in the proper amount that they want. The reasons are not all those who file complaints are able to prove negligence on the part of the doctor, nurse or health care facility and the courts limit the amount of damages awarded to malpractice victims. Courts are very meticulous when it comes to analyzing evidence and they require the presentation of strong and concrete evidence for every case they handle.

What happens then to patients who feel they were deprived of their right to safe and proper health care? The court can grant punitive damages which are non economic in nature apart from the compensatory damages award. However, these are only allowed in cases where the plaintiff can provide clear proof of misconduct by the health care provider involved. In other words, the plaintiff needs to establish that there was indeed an intention to cause harm or the defendant was reckless in its duty to provide safety to patients.

Lawyer Malpractice

If you're a patient who felt neglected while undergoing treatment in a hospital or were not given the proper medical care you were seeking during an emergency, you can consult a medical malpractice lawyer to help you understand this matter. An attorney whose specialization is in handling medical cases will be able to assist you in the legal process should you decide to file a lawsuit.

Punitive Damages in Medical Malpractice Cases

The goal of punitive damages is mainly to encourage reform notably in the behavior of the defendant and prevent the occurrence of the same mistake in the future. No monetary compensation will be granted in this case unlike those seeking compensatory damages.

Additionally, the court may decide to carry out punitive damages in cases where compensatory damages may not be a sufficient solution to the misconduct done by the defendant and to the personal injury suffered by the plaintiff. Courts can punish the health provider to discourage the repeat of the same misbehavior and this can be done through the granting of punitive damages.

Laws governing punitive damages vary from one state to another. States that allow this type of damages in medical malpractice cases usually set a limit to the amount of claims that can be awarded. Many states also set a high standard for the granting of punitive damages.

Florida is one state that has a comprehensive medical malpractice bill in place. The bill provides for the implementation of reform measures such as requiring hospitals and physicians to adopt patient safety plans and inform patients when they are injured, allowing insurance firms to study malpractice cases and offer settlements, allowing the state to suspend the license of doctors who fail to pay damage awards within 30 days and requiring doctors, hospitals and insurers to provide the state with information on premium rates, medical errors and malpractice cases.

If you or a loved one becomes a victim of malpractice, the first step to take is to consult with a reputable lawyer. Cooperation and constant communication are vital to be able to file the necessary lawsuit within the allowable statute of limitations.

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

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Longer Statute of Limitations on Medical Malpractice Pushed

2011-09-11T02:30:00.001-07:00

In filing lawsuits of any type, there is a standard statute of limitation or the time frame required to file a case in court. This statute of limitation, however, varies from state to state. It can range from as short as six months to as long as four years.

In the area of medical malpractice, this timeframe pertains to the period starting at the instance the injury took place or when it was discovered until the case is filed. Since this deadline exists, it is of utmost importance then for patients to consult with their medical malpractice attorney to be properly guided on the right legal steps to take. No time should be wasted because once a case is not filed within the required period, the person or facility being charged with misconduct can go scot free. In other words, the case will just be dismissed by the court.

Lawyer Malpractice

In recent years, though, there have been campaigns going on in some states in the U.S. to extend the statute of limitations for medical malpractice cases. Just this June 2009, a group of cancer patients and victims as well as their families in New York called on their representatives to revise the malpractice laws particularly on the time frame needed to file a lawsuit. The group members pointed out that patients should be given more time to file lawsuits concerning medical malpractice. They specifically cited to change the current statute of limitations of two and a half years and to consider the start date from the date the injury was discovered and not from the time the malpractice occurred.

Longer Statute of Limitations on Medical Malpractice Pushed

In some states, medical malpractice laws consider certain instances that can possibly extend the statute of limitations from the usual time frame. In Tennessee, for example, there are two exceptions to the rule. One is known as fraudulent concealment wherein the defendant or the wrongdoer was found to have kept vital facts either through his words or actions. The other situation that can merit an extension of the deadline of filing a case is when a physician who performed surgery accidentally left an instrument or any foreign object in the patient's body. In both instances, the statute of limitation can be extended to another year.

It is crucial, therefore, for complainants to act immediately and consult a medical malpractice lawyer upon discovery of their injury and negligent conduct of a physician or health care facility. The law requires that a notice must be provided to the defendant at least 60 days before the filing of the lawsuit. The notice must bear the names and addresses of the defendants although changes proposed earlier called for the inclusion of the patient name, claimant authorized by the patient as well as the name and address of the attorney sending the notice, among others.

For patients who may not be able to personally follow up their complaint to their medical malpractice lawyer due to physical disability, they can authorize a representative who can process their requirements and work closely with their legal counsel as much as possible. Remember that prompt action is vital when you are planning to sue a physician or hospital for medical malpractice.

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Stroke and Brain Damage

2011-09-07T22:30:00.001-07:00

Strokes can be caused by a number of different sources, including trauma or various forms of medical malpractice. As these debilitating accidents develop, different parts of the brain can be affected by the destructive processes of the event. The brain, being a complex, structured part of the body, reacts uniquely depending on what general area is attacked by a stroke. As symptoms of a stroke can inform medical staff about the severity of the accident, the lack of functionality after the event can determine which regions of the nervous system have been jeopardized.

If any major functioning in terms of movement or sense of feeling is lost, the loss of may be due to damage done to the central nervous system pathways. This can be a similar effect as trauma to the spine or neck, leading to paralysis in the form of hemiplegia, which can compromise movement on one half of the body or face.

Lawyer Malpractice

Damage to the cerebellum may lead to problems with movement. While not causing paralysis, this can manifest in difficulty walking, both in terms of physical movement and the ability to coordinate legs and feet. If nerves are directly damaged, a person may be unable to walk normally. Similarly, a person may not have the proper equilibrium following a stroke to stay properly balanced for basic motor activity.

Stroke and Brain Damage

If the cerebral cortex is damaged, a patient can lose a variety of abilities. Generally speaking, many of these disorders come in the form of language loss or voluntary movements. A person can develop aphasia, which is a comprehension and creation problem involving spoken and written language. Additionally, problems with visual recognition and memory may come about.

For more information regarding strokes caused by medical malpractice, contact a medical malpractice attorney.

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For more information regarding your rights as a patient, contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C. today.

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My Father Was a Medical Malpractice Victim - A True Story

2011-09-05T05:30:00.001-07:00

I was 14 years old when my mother came home from the hospital and told me my father had died. "How did it happen?" I asked. "Why did it happen," my brother questioned. "What happened?" asked our dazed and confused family.

From that day forward, I began to learn what a malpractice lawyer does. I learned that we had more questions than answers. My dad was young, only 46 years old. He wasn't supposed to die. He had a family with three young children. He was gainfully employed and worked hard to provide for our family.

Lawyer Malpractice

Our lawyer got the hospital records, and he had a medical expert review the records. The more our lawyer probed, the more questions we raised. "Why was he given that medication?" "When did the nurse arrive?" "Why wasn't a blood test ordered?" "What happened when..."

My Father Was a Medical Malpractice Victim - A True Story

Years later, while I was in college, our case came up for trial. I joined my mom for part of the trial, since it was during final exams. Being in Court was unfamiliar territory. Everything was formal. The procedures, the words, the questions-all need explaining. Our lawyer was a big-time lawyer whose hair was gray and was respected by numerous lawyers who passed him in the hallways in the courthouse. Their nods and greetings were deferential- with respect for his accomplishments and greatness.

I watched with fascination the rapt attention everyone had during cross-examination of the primary target in the case- a young doctor in training who committed the gravest of medical sins. Our lawyer was intense. The barrage of questions put to the young unapologetic doctor were non-stop. The answers were not satisfactory to our lawyer, or to the jury, or so it seemed to me.

The tension in the Court room was palpable and created knots in my stomach. The defense attorney was gentlemanly and put on airs. In my book he was a phony and I was hoping the jury would see through it.

Closing arguments came after three weeks of trial. I managed to arrive just as the trial resumed that day. I rushed from school to be in Court with my mom. What I witnessed that day caused me to apply to law school. Before that day, I was a biology major and was intent upon applying to medical school. You see, my father was a doctor and most of my family are doctors. I thought that was the path I'd naturally take. Not after witnessing closing remarks.

It is now twenty three years later and I vividly remember the day our famous lawyer made his closing remarks to the jury hearing our malpractice case. Neither the lawyer or my mother are alive today, but my memory of that trial lives on till today.

I remember most clearly the accusations directed at the young inexperienced doctor. I saw his red face and neck. I wanted to reach across the aisle of the courtroom and pummel him with my fists. That would be true justice! That would satisfy my anger that had built up for years waiting for this disputed case to come up for trial. Fortunately for the doctor, my senses overcame my desires to quash this little bug. He never knew what I wanted to do to him that day.

On that day, I realized that this lawyer- this ordinary looking, gray-haired man, who had accomplished great things legal- was telling a story so simple and clear that I realized anyone could do this. That day, I decided to become a lawyer.

One would think that with such a great lawyer anything would be possible. Unfortunately for my family, the results were not what we would have hoped. Despite this second loss, the first being losing my dad, I picked myself off and sent out those law school applications. I had one thing on my mind...to become a trial lawyer.

I've been a medical malpractice trial lawyer for the past 17 years now. The first 4 years as a defense lawyer representing doctors, hospitals and folks sued in accident cases. The next 13 years I spent representing injured victims in their quest for justice. When asked by a colleague which I prefer, representing injured victims or the wrongdoing doctor, my answer has always been clear...the injured victim.

My experience helped me understand what injured people have endured. It has allowed me to be more compassionate about the people I have the privilege of representing. This is my calling.

This is a true story.

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Medical Professionals and Medical Malpractice

2011-09-02T21:45:00.001-07:00

It is important to understand that there are a variety of medical professions besides that of a doctor in which medical malpractice can be an issue. While it is true that a doctor has by far the most responsibility and leeway when it comes to treating a patient, nurses, CNAs, dentists, and medical technicians can all be culpable of causing great harm or even death to patients.

Who Can Be Charged with Medical Malpractice

Lawyer Malpractice

When there is a legal case of malpractice, the people or entities that can be sued go far beyond just the medical professional who was the direct cause of the patient's injury or death. In a lawsuit, the following may become targeted in a malpractice case:

Medical Professionals and Medical Malpractice

• The medical professional who directly caused the injury or death

• If that person was not a doctor, the professional that was in charge of overseeing the nurse, CNA, technician, or other professional

• The hospital administrator in charge of the operations of the hospital

• The hospital or clinic itself

• The person that hired the professional in question if that person was under-qualified to begin with

The professionals that can be charged with malpractice include:

• Nurses--nurses are capable of making serious errors because they are around the patient more than any other person and give medication and routine medical treatments. They are also responsible for making some judgement calls with the patient's condition.

• Certified Nurse's Aid or CNAs--CNAs are allowed to move the patient to and from the bed and may be too aggressive when doing so.

• Technicians--medical technicians may hurt a patient during a treatment or they may misread a test or X-ray.

It is important to understand the far reaches of malpractice in the medical community to ensure your safety and the safety of loved ones who may have to go to the hospital.

To find out more about medical professionals and medical malpractice, visit the website of the Iowa personal injury lawyers of LaMarca & Landry, P.C. today.

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Medical Malpractice and Miscarriage

2011-08-30T10:30:00.001-07:00

It is an unfortunate fact that thousands of expecting mothers miscarry their babies each year. In many cases, miscarriage is a direct result of physician negligence. During their routine checkups, expecting mothers are supposed to be tested for a number of ailments that could potentially harm their fetuses.

Medical malpractice may play into miscarriage in one of two ways. The first way this may occur is when a physician fails to diagnose a woman with an ailment that may be potentially threatening to her child. The other way is when the physician fails to treat the mother for her ailments.

Lawyer Malpractice

In either case, fetal death usually can be avoided if the physician does his or her job correctly. While there are certain unfortunate conditions that may take treatment out of a doctor's hands, many of the conditions that plague mothers and hurt fetuses are treatable.

Medical Malpractice and Miscarriage

Common ailments that can endanger a fetus are:

· Hypertension

· Disease and infection

· Gestational diabetes

· Malnutrition

· Womb disorders

In many cases, these ailments can be treated with medications and other procedures that do not harm the child. Should a physician fail to diagnose these ailments, though, the mother may not know that she has a potentially life-threatening disorder.

In many cases, doctors fail to diagnose expecting mothers with ailments because the mothers do not report any abnormalities. Since many women expect pregnancy to be a straining and stressful process, many of them attribute aches and pains to the pregnancy and not some other problem.

Even still, this is no excuse for a doctor to not order tests for common ailments. If you or someone you love miscarried because of physician negligence, discuss your legal rights and options with the Waukesha medical malpractice attorneys of Habush Habush & Rottier, S.C.

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Medical Malpractice Cases You Would Never Have Dreamed Of

2011-08-24T14:30:00.001-07:00

The terrifying reality of medical malpractice is that it is often far too late for positive intervention after the event and, even if the claimants are successful in their monetary claims, the damages can never quite be rectified.

Avoidable deaths cost tax payers millions

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South Africa is not alone in the fight against medical malpractice and negligence. Recent figures released in Italy indicate that nearly 6% of all their deaths can be attributed to malpractice or simple inefficiency. This means that more Italians die unnecessarily in the hands of health care professionals than to motor vehicle accidents, heart attacks and forms of cancer.

Medical Malpractice Cases You Would Never Have Dreamed Of

These avoidable deaths cost the Italian tax payer in the region of EUR10 billion every year, which effectively translates into 1% of the gross domestic profit.

Penis amputations not unheard of

Closer to home, a South African man joined the throngs of other victims worldwide who have had their penises amputated either in error or because they were not correctly diagnosed and not referred to a specialist in time.

This time the health care workers at the Bophelong Hospital in Mafikeng failed to refer the victim to an urologist and opted to lop off his manhood instead. The man successfully claimed R465 000 for the "incident".

Negligence leads to permanent brain damage

Another horror story that led to the largest medical malpractice claim in the country at the time was the story of an infant girl who, through negligence, was left permanently brain damaged after a relatively minor operation.

The anesthetist failed to examine the two and half month old infant prior to the operation and consequently failed to detect a mild heart defect. What ensued were poor levels of oxygen during the procedure which in turn led to permanent brain damage. Her parent's laid a claim of R100-million against the George clinic and three of the doctors involved in the procedure.

Erroneous swab causes unbearable complications

A woman who went in for a routine abdomen operation is suing a Johannesburg hospital for R1.3 million. Her wounds became septic shortly after being discharged and, on further investigation, it was discovered that a medical swab had been left in her abdomen during the procedure.

Apart from suffering a nervous breakdown because of the pain associated with the error, she has had to undergo a further two operations to sort out the damages incurred by the negligence, and has since developed diabetes.

Quick medical malpractice shockers

o A man admitted to the Inkosi Albert Luthuli Hospital in Durban for a brain tumour biopsy developed gangrene in both the thumb and forefinger because nursing staff failed to monitor the drip adequately. He successfully claimed R1 million from the incumbent Health Minister, Manto Tshabalala-Msimang.

o A mother successfully claimed R78 000 from the department of health after her newborn infant was swapped with another baby following a caesarean section.

o A woman who went in for a routine scar tissue examination is claiming R510 000 from the minister because of an illegal hysterectomy performed on her in error!

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Medical Malpractice Suit

2011-08-20T02:15:00.001-07:00

There are laws both federal and state to protect those who have been harmed by a medical professional because of negligence. One right a victim has is the right to take legal action on the party responsible for their injury. If a medical professional, including a doctor, nurse or any other medical staff, caused an individual harm because of neglect, they can file a medical malpractice suit. Some compensation that can be recovered includes:

Medical costs, past and future
Lost wages (past and future)
Mental anguish
Other related losses

Time Restrictions for Medical Lawsuits

Lawyer Malpractice

A person who has been injured because of medical negligence has rights that need to be protected. This can be done by contacting an attorney right away. A medical malpractice claim needs to be filed within the statute of limitations. There is a time limit that each state has requiring a victim to file a claim before the legal deadline. Failure to file within these deadlines a victim may lose any rights for compensation.

Medical Malpractice Suit

Do You Have a Medical Malpractice Case?

Take your claim to a knowledgeable attorney for evaluation. They can verify if you have a medical malpractice case. Attorneys will determine if negligence is the reason for your injury. Speak with an attorney if you suffered an injury due to the following:

A doctor's mistakes - this can involve surgery, medication, analysis, treatment, labor and delivery, etc.
A nurse's mistakes - this can involve administrating medication, IV insertion, not following doctor's orders, and performing job duties when they are not qualified to do so
Lab errors - tests were misinterpreted

Medical malpractice comes in many forms. If you suspect your injury is due to neglect of your doctor, it is beneficial for you to speak with a professional attorney today.

Not All Malpractice Suits Go To Trial

The costs to take a case to trial are high and the amount of time spent is drawn out. Many individuals prefer to settle out of court because of this reason. If you have any questions about filing a medical malpractice suit, contact an attorney who is skilled in this area. There are qualified attorneys with many years experience in malpractice cases.

Questions about a Medical Malpractice Suit

If you have any questions about filing a lawsuit in your medical malpractice claim, contact a medical lawyer. A lawyer will evaluate your case free of charge. If it is determined medical negligence is the cause, they will advise you of your legal rights.

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Accounting Malpractice

2011-08-17T15:46:00.001-07:00

Accounting malpractice happens when the accountant or any accounting professional becomes negligent of his duties. Professional institutes establish a list of standard of care that must be met to protect others from the risks of harm and deceit and when these legally established standards of care are not met, it can sometimes be considered negligence.

When filing a complaint concerning accounting malpractice, the plaintiff must be able to show that the negligent defendant was not able to meet the level of care that is common or customary in the accounting profession. An example is when an accountant is not able to file a client's tax return on time.

Lawyer Malpractice

In an accounting malpractice case, the plaintiff must understand and establish four key elements. The plaintiff must:

Accounting Malpractice

.Show that the accounting professional being sued had a clear responsibility to him

2. Prove that the accounting professional failed in that responsibility

3. Show that he was injured

4. Establish that the accounting professional's failure was the primary cause of the injury (Answer the question "Was the failure of responsibility sufficiently enough for the injury to hold the accounting professional liable?")

To guide them in the course of carrying out their duties properly and to avoid being held responsible for any malpractice, accounting professionals should follow professional standards. These include the following:

1. The Public Interest. More than the title, CPA (Certified Public Accountants) should accept the responsibility and act in a way that is best for the public interest, respect the public trust, and show commitment to professionalism.

2. Due Care. CPAs should undoubtedly comply with the state law, including their profession's technical and ethical standards. They must demonstrate competence at all times, and aim to continuously improve the quality of their services, and discharge professional responsibility to the best of their abilities.

3. Objectivity. To maintain objectivity, CPAs should: (a) avoid performing professional services when there are actual or perceived conflicts of interest, and (b) be independent when making auditing or other accounting services.

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

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Medical Malpractice - Facts & Trends

2011-08-15T00:46:00.001-07:00

FACT:

In New York, patients sue doctors and hospitals. That's a fact. They're unhappy with the outcome of a procedure; they're upset because a doctor misdiagnosed their condition and now they have a permanent injury or disability. That's a fact. However, the facts and trends show an entirely different story.

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FACT:

Medical Malpractice - Facts & Trends

Most victims of medical malpractice in NY don't even know they've been a victim of improper medical care because nobody tells them.

TREND:

Many victims are never compensated because they don't realize they've been injured as a result of someone's wrongdoing.

FACT:

The majority of meritorious cases that are brought are settled at trial or during trial.

TREND:

Of those cases that are disputed and go to trial here in New York, doctors and hospitals win the majority of them, usually between 66%-80% of the time. Those are impressive statistics for the defense. The reasoning why doctors and hospitals win many cases has many components:

a. Juries like doctors;
b. Juries rely on doctors, nurses and hospitals for their own care and are loathe to blame a medical professional unless the treatment was glaring and obvious;
c. Juries have been conditioned and brain-washed by the insurance companies to believe that all lawsuits are frivolous, regardless of what happened or how or who should be taking responsibility for their own actions;
d. Jurors do not want to spend someone else's money to give to an injured victim, believing that by giving away money, their own insurance rates will increase.

TREND:

Many people believe that just because they did not get an optimal result or perfect outcome that they're entitled to bring a lawsuit for some type of compensation.

FACT:

Just because a patient believes something was done wrong, or that their outcome was not perfect does not mean that there's a basis for a valid case. Each case must be reviewed by a medical expert who confirms (1) that there was wrongdoing; (2) that the wrongdoing caused harm; and (3) that the harm is significant and/or permanent. Without that confirmation, it is impossible to bring a lawsuit in New York.

TREND:

Injured victims wait until their families and friends have encouraged them to speak to a lawyer about a lawsuit. Sometimes, they wait too long.

FACT:

There are very strict time limits here in NY to bring a lawsuit against a private doctor or hospital. If your treatment happened in a municipal (City-owned) or a State-owned hospital, you have a very limited time to file a notice of claim, and then a very limited time to file your lawsuit. If you wait longer than the required time, you will likely not be able to bring a lawsuit for any injuries you believe were caused by a doctor or hospital. That's why it's so important to speak to an experienced medical malpractice attorney immediately. You don't want to have an attorney tell you that you would have had a valid case, if only you had come in earlier.

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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, wrongful death and injury cases since 1988. 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 250 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. 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.

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The Best Lawyer Movies

2011-08-10T12:00:00.001-07:00

Our country has had an on again, off again love affair with the lawyer. Certainly when we need one, we love them. When we hear stories of people suing McDonald's because their coffee was too hot, we tend to think of them differently. Not only the subject of a million bad jokes, they have also been the subject of many a film. Strangely enough, more of these films seem to be good-or at least passable-than otherwise. Here we take a look at some of the best legal films out there.

To Kill a Mockingbird
Based on the classic novel by Harper Lee (though some contend it was at least partially written by Lee's good friend Truman Capote, the film tells the tale of lawyer Atticus Finch, played flawlessly by Gregory Peck in the role that defined his career. Both the book and the movie tackle the subject of racism and whether a black man can get a fair trial in a very dark period of our nation's history.

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Inherit The Wind
If ever there was a legal movie that every lawyer should be required to watch, it would be this one. Spencer Tracy and Frederic March play Clarence Darrow and William Jennings Bryan in a dramatization of the famous Scopes Monkey Trial that debated the legal precedent of teaching evolution in public schools. With intelligent design enthusiasts and evolutionists still battling over school curricula, this movie is as relevant now as it has ever been.

The Best Lawyer Movies

Philadelphia
The movie that took Tom Hanks from a strictly comic actor into an Oscar winning powerhouse, it concerns a lawyer who contracts AIDS and is then fired from his job at a prestigious law firm. After being rejected by a dozen attorneys, his case is finally taken by his old courtroom rival, played by Denzel Washington. More than just a legal procedural, the movie is the gripping emotional tale of human rights and how we deal with losing our loved ones.

Amistad
Directed by Steven Spielberg, this all star film takes a look at a mostly forgotten case from the early days of American history. Set twenty years before the Civil War, Amistad is about the uprising of a slave ship and the prosecution of those slaves for murder, a case that makes it all the way to the U.S. Supreme Court. Matthew McConaughey, Anthony Hopkins, and Morgan Freeman are all in top form in the retelling of this powerful story.

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Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

2011-08-02T13:46:00.001-07:00

THIS IS A TRUE STORY

A call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. The hospital was in New York City. The woman and her family wanted to know what to do.

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What to do? I'm thinking that they're calling a malpractice lawyer within minutes of their loved one having died, and they're calling me? Wouldn't they prefer to talk to a lawyer until after he's buried? After a moment of pause, I calmly started my inquiry. How old was he? Why was he in the hospital? What do you think was done wrong that caused his death? What is the cause of death?

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

The more questions I asked, the more I realized that the recently deceased husband was sick for many weeks before arriving at his final destination. His wife had read my series of online articles titled "In Case of Death..." His family knew months before this final day that he was the victim of medical malpractice. Despite knowing this distressing fact, his wife decided to hold off calling a medical malpractice lawyer in New York until he died. She didn't want to trouble her husband with the horrible realization that he was dying because a doctor failed to diagnose his lung cancer.

The first question she asked was whether an autopsy should be done. The answer to that question raised a number of very significant issues. The first is religious. The second is the competency of the individual doing the autopsy. First, I'll describe what an autopsy is. Then I'll show you how I answered her pressing question.

An autopsy is a detailed physical examination of a person who has died. The doctor who does this examination is called a pathologist, or a medical examiner. They literally explore the anatomy of the person who died. They look, see, and evaluate the cause of death. In order to do that they need to open and expose every part of the body. They take samples of body tissues and fluids and examine them under the microscope.

Getting back to my answer, I asked their religion. Why did I ask? In some religions there is a prohibition of desecrating a body after someone has died. An autopsy, according to some religions, interferes with a person's ability to go to the afterlife with an intact body. In her case, there was no religious prohibition to performing an autopsy.

The benefits of an autopsy are plentiful. If the exam is done properly and professionally by a physician with experience, the autopsy can yield a great deal of useful information. However, an autopsy is a double-edged sword when evaluating its' usefulness in a potential wrongful death case. Typically, an autopsy will determine why a person died. In many death cases, the autopsy provides not only valuable information about how and why someone died, but also provides useful information to be used against the family at the time of trial.

Here's the dilemma:

In a failure to diagnose lung cancer case we will claim that the failure to diagnose caused the lung cancer to spread and ultimately caused an untimely death. We also allege that had the cancer been detected at an early stage, the patient would have been able to receive treatment and would be alive today.

Let's say the victim was 65 years old and we believe he was otherwise healthy. An autopsy might reveal that he had massive heart disease. An expert pathologist might be able to argue that because of his massive heart disease, his life expectancy- even without any lung cancer- would have been severely reduced. What's the next logical argument the defense will make?

Even if the victim had no cancer, there is still the likely chance that he would have died within a few years, either from a heart attack, or a stroke (from a buildup of plaque), and the failure to diagnose the cancer didn't really shorten his lifespan.

While there are definite benefits to obtaining an autopsy, it is always fraught with the possibility that the defense will have gained useful information to use against you and your family during a wrongful death case. Having said that, it is usually beneficial to have an autopsy. Why? To determine the precise cause of death. Once we have confirmed the exact cause of death, we can work backwards and determine whether this was a slow-growing cancer or fast-growing cancer. The difference is significant and can mean the difference between a valid malpractice case or one that has no merit.

By the time I was finished talking to this clearly distraught woman, I realized that an autopsy would be beneficial for her and her family. It would put to rest idle talk by a few of the doctors that he died from an unrelated illness. This woman needed guidance and information from an experienced medical malpractice lawyer. The knowledge I provided helped her make an informed decision about what to do next.

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

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Improper Knee Replacement - Medical Malpractice Lawyer Explains

2011-07-29T23:15:00.001-07:00

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

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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.

5 Secret Tips a Good Malpractice Lawyer Uses To Screen Your Case

2011-07-27T15:00:00.001-07:00

When an injured victim calls a lawyer, a good malpractice lawyer 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 malpractice lawyer 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 malpractice lawyer 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 malpractice lawyer 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 malpractice lawyer, keep in mind these 5 tips, and you'll have a much smoother experience than you might otherwise have had.

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

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Medical Malpractice - 10 Reasons Why You Should Call A Lawyer

2011-07-20T17:00:00.001-07:00

1. BECOME INFORMED

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 MALPRACTICE LAWYER

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.

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

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How to Become a Medical Malpractice Lawyer in New York

2011-07-14T07:45:00.001-07:00

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 malpractice lawyer 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.

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

Medical Malpractice Cases: Trends and Insights

2011-07-10T16:46:00.001-07:00

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.

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Finding a Trustworthy Malpractice Lawyer

2011-07-06T00:30:00.001-07:00

The last thing you need when searching for a Los Angeles malpractice lawyer 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.

Lawyer Malpractice

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 malpractice lawyer possible!

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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.

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Filing a Medical Malpractice Lawsuit

2011-07-02T09:45:00.001-07:00

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.

Lawyer Malpractice

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.

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I you want to know more about the legal process for filing a medical malpractice lawsuit or to define whether your personal case qualifies for further investigation or even finding a Jersey City medical malpractice attorney, visit our helpful information site here: http://www.squidoo.com/definition-of-medical-malpractice.

Are You Looking For Some Of The Best Malpractice Lawyers?

2011-06-30T03:26:00.001-07:00

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 malpractice lawyer. 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.

Lawyer Malpractice

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 malpractice lawyer by your side, you can end up losing the battle as well as thousands of dollars. Therefore a malpractice lawyer 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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What to Ask Personal Injury Lawyers and Medical Malpractice Lawyers

2011-06-27T21:00:00.001-07:00

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?

Lawyer Malpractice

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 malpractice lawyer 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.

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Heidi Grace has worked in a law firm with personal injury lawyers and has some knowledge on medical malpractice lawyers.

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What To Ask Medical Malpractice Lawyers

2011-06-24T08:30:00.001-07:00

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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What Exactly Does A Personal Injury and Medical Malpractice Lawyer Do?

2011-06-20T14:00:00.001-07:00

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.

Lawyer Malpractice

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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Selecting a Medical Malpractice Lawyer - Three Questions

2011-06-18T03:47:00.001-07:00

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 malpractice lawyer 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 malpractice lawyer 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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Malpractice Lawyer: Get An Idea Of How The Typical Malpractice Case Works

2011-06-15T22:46:00.001-07:00

If you have been injured while getting medical treatment, you may have a need for a malpractice lawyer. 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 malpractice lawyer is typically necessary.

Lawyer Malpractice

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 malpractice lawyer if you want the best chances of getting any compensation for the physician's mistake.

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Medical Malpractice Lawyers For Medical Mistakes

2011-06-13T05:45:00.001-07:00

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.

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2 Questions Every New York Malpractice Lawyer Needs To Ask

2011-06-10T17:15:00.001-07:00

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

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Learn What Medical Malpractice Really Is

2011-06-08T11:45:00.001-07:00

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.

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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!

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How Much Money Is Your Malpractice Case Worth?

2011-06-05T22:02:00.001-07:00

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.

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

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Medical Malpractice Negligence

2011-06-03T08:15:00.001-07:00

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?

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

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