Friday, December 31, 2010

Medical Malpractice Lawyer

It is important to state here that every case demands different types of lawyers. Often times, people misconstrue the work of lawyers. It is highly recommended that lawyers in their right specialty would be best depending on the nature of the case at hand. This article is meant to share with you why and when you would have to consider the services of a medical malpractice lawyer.

Before we move forward, it would be prudent to give a brief note on what the topic actually entails. Medical malpractice simply implies to heath care givers who out of negligence cause some injury or death to patients. This could range from a nurse to the medical doctor in charge.

Lawyer Malpractice

Well, the fundamental issue here is the cause of the injury. There must be enough grounds to proof or establish that the injury was due to sheer negligence. This could come as a result of a situation where a laboratory test was inaccurate or the wrong use of some kind of equipment is involved. You would agree with me that in the events where there is an incident of wrong diagnose, there surely would be wrong medication thus resulting in negative effect on the patients. These incidents occur almost on daily bases. It should be good news for the laws that gives one the ability to file for compensation in situation like this.

Medical Malpractice Lawyer

In fact, it can be very difficult than you may want to think since a whole lot of controversies would surround the case. Therefore, it stands to reason that medical malpractice lawyer be allowed to handle such issue. The pain with which one suffers could be so devastating that the amount of money one is able to claim becomes just incomparable. But it should be noted that even though that may be the case, you would be able to get some form of moral booster than never at all. At least, the amount you win could be used to take care of your medical bills as well as some other potential needs.

Remember that issues here adequately lie in the remits of the medical malpractice lawyer who can tell whether or not you have a case. There are so many of them for your attention. Today, you can even search and get a number of them online. Be advised that these cases might demand lots of urgent attention and would be wise on your part to call on medical malpractice lawyer that is ready and available to listen to you.

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Tuesday, December 28, 2010

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains

Have you ever felt that you were wronged? Maybe you noticed it when you went to the store and the cashier didn't give you the right change. Maybe you went to a restaurant, and the waiter failed to bring you what you actually ordered. How about when you went to buy an expensive appliance, and before you had a chance to ask all your questions, the salesman was already ringing up your sale. Here's a better one: You order an item online, and what you get delivered is totally different than what you actually ordered. You then spend the next hour on the telephone arguing with some faceless clerk, explaining yourself, wasting your time, trying to right someone else's wrong.

How about a drunk driver, driving on the wrong side of a highway recklessly driving home after a night of drinking and partying? Can't you just see the crash about to happen? Don't we read, all too often about tragedies like these? What about a doctor that operates on the wrong side of a patient's brain? Or a hospital that fails to recognize a cardiac arrest, resulting in massive heart damage? How about the driver that blows through a stop sign and destroys the lives of a family on their way home from a holiday party?

Lawyer Malpractice

How do we right the wrong that others have committed?

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains

Unfortunately, we cannot turn back the hands of time. "All the kings men, all the kings horses, couldn't put Humpty Dumpty back together again." I know reciting Humpty Dumpty sounds corny, but it's true. "OK" you say, so what do we as a society do to right a wrong?

The only thing the law in New York allows a person who has been wronged is to obtain compensation. In my last newsletter, I talked about compensation being a debt that must be repaid to the injured victim. The wrongdoer has taken something that should never have been taken. A life; the freedom to be free of pain; the ability to do daily activities without disability. Repaying the victim with compensation is what is expected and demanded.

What about those skeptics who believe that there are frivolous lawsuits? While I would like to tell you that there are no frivolous cases, I would be remiss to do so. Unfortunately, there are a small percentage of cases in the court system that simply do not have merit. There, I've said it. However, the vast majority of cases, especially those brought by experienced medical malpractice and personal injury lawyers in New York do have merit. The reality is that our judicial system is designed to allow someone who has been wronged to 'right that wrong' in court. Our civil liberties, our constitution, and our democratic belief that we are free to choose how to live our lives is what makes New York, and in fact the United States, the best place to live in the world.

Compare what we have to countries in Asia, the Middle East and other Third World countries. How about countries with dictators? It wasn't that long ago that Russia and East Germany restricted the lives of every citizen in those countries. Do you think citizens of North Korea, Afghanistan or even Iran have the type of freedoms we do?

The purpose of this article is not to preach about how great our State or Country is. Rather, it's designed to show that our system of justice, our democratic beliefs and our sense of doing the right thing requires that wrongdoers fix the wrong they've committed. The shattered lives, the broken bones, the disabled victims demand compensation.

I have to share an observation I made the other day. (Just the other day...) I was reading a magazine and it had an ad. It was a full page ad. A photograph took up half the page. In the photograph was a young boy, maybe 10 or 11 years old. The boy was in a wheelchair. The boy's arms and legs were severely contracted leading to the conclusion that the boy suffered some type of spastic condition. Looking at the boy's face he appeared to have a blank look that simply stared into space. His mouth was twisted, and his body tilted to the side. His hair was beautifully combed.

The title of the ad said simply: "This is what the winner of a multi-million dollar verdict looks like."

The ad explained that this young boy was a passenger in his parents car when it was hit by a truck that went through a stop sign. The young boy was on his way to school that morning. As a result of that accident, that young child will never walk, never talk normally, never play sports, never know the kiss of a girl, never complete school, never be able to get a job, never learn the joys of exercise, never have friends, never have privacy to go to the bathroom, never know life's treasures- both big and small.

That young boy will know his caregivers; the three nurses that must attend to him 24 hours per day, seven days per week. He'll get to know his wheelchair- he'll be spending the rest of his waking life in it. He'll get to know his doctors really well, as he'll be a frequent visitor to their offices. If he's really lucky, he'll only have to go to the hospital for really bad infections and wound control. If he's unlucky, he's going to need half a dozen surgeries to fix the muscles and bones in his legs and pelvis.

So, how was his "wrong" righted? By awarding his family money to pay for his medical expenses. Money to pay for his caregivers. Money to pay to modify his house to accommodate a wheelchair. Money to pay for his health insurance premiums. Money for a specially modified van for his parents to drive him to the doctors, and around town. Money for physical rehabilitation. Money for a new wheelchair every five years.

Did you know that paralyzed people in wheelchairs get sores from sitting in the same place all the time? Those sores get bigger and bigger and tend to get infected often. The problem is that a normal person would feel the irritation, the rubbing and the pain from the sore. In a paralyzed victim, that person feels nothing and is unaware of any problem- usually until it's very severe.

Just looking at the photo in the ad, knowing what happened to the young boy created a strong sense of injustice. That injustice can never be fixed. No amount of money will ever turn that destroyed and broken child into the vibrant, happy-go-lucky kid he used to be. I'll bet if you ask his parents which they would rather have, millions of dollars, or a healthy young boy, what do you think the answer would be?

Injustice- righting a wrong. It's what we have to do.

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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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Sunday, December 26, 2010

Nursing Malpractice - A Dramatic Increase in the Last Decade

Nurse malpractice, rarely intentional, is when a nurse is negligent while performing job related duties.  In recent decades, nursing malpractice injuries have increased dramatically.  Thousand of injuries are made by nurses, some serious and some fatal.  Just as doctors and other medical professionals, nurses are held accountable for their errors.

Nursing malpractice lawyers represent victims of medical mistakes.  They help victims obtain fair and appropriate compensation for damages they have suffered.

Lawyer Malpractice

These damages include:

Nursing Malpractice - A Dramatic Increase in the Last Decade

  • Physical
  • Financial
  • Emotional

Why Nursing Malpractice is Increasing

Nursing is an important part of the healthcare industry and it is high in demand.  Unfortunately, there is a shortage in qualified nurses.  Nurses that are registered and licensed.  To fill this shortage nurses are asked to work overtime, resulting in over-worked nurses.

The shortage of nurses is not the cause of nursing malpractice, it does however increase the risk of a mistake occurring. 

Some issues that can contribute:

  • Nurses who repeatedly work long hours are overly tired.  A 2004 report showed nurses working over 12.5 hours are three times more likely to make a mistake.
  • The healthcare industry has hired unqualified nurses or nurses aides t fill the shortage of qualified nurses.  Here is a higher risk of a mistake happening with untrained staff.
  • It is also common that miscommunication and carelessness can cause a serious injury or even death.

Types of Nursing Malpractice

There are many types of nursing malpractice:

  • Medication errors - the wrong dosage of medicine was given or medicine was given to the wrong patient
  • Not following the doctor's instructions
  • Failing to respond to a patient in a timely manner
  • Performing a procedure without proper training

Consequences of Nursing Malpractice

Nursing malpractice can have devastating consequences include:

  • Overdose in Medication
  • Adverse drug reaction
  • Coma
  • Organ damage (brain, heart, or kidney)
  • Infection
  • Death

Protect Your Legal Rights

If you were a victim of nursing malpractice, you have legal rights.  Professional lawyers can assist you in compensating some losses you suffered.  They will evaluate your case for free and if it determined that nursing malpractice is the cause they will help recover damages lost such as:

  • Pain and suffering
  • Medical expenses
  • Lost wages and/or loss of earning capacity
  • Loss of companionship or support (in cases involving a fatality)
  • Other losses
Contact a medical lawyer today.  An experienced lawyer will answer any questions, advise you of your legal options, and make sure you are fully protected.

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

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Thursday, December 23, 2010

Malpractice Lawyer - When Would You Need One?

In our society the medical profession is put on a higher standard than any other profession. We trust our health to doctors and are sure they will safe guard our life and ensure our well-being. But in many cases we face the negligence of doctors. In such cases we should seek the assistance of a malpractice lawyer.

It can be very difficult to admit that your doctor has made a mistake and that you should confront your medical health care provider about this mistake. And what if your case is not solid enough? Are you wasting money on malpractice lawyer's fees for absolutely nothing? These questions bother nearly all people who have been the victims of their doctor's negligence.

Lawyer Malpractice

In general a certain standard of care is accepted in the medical community, and all the professionals, as well as your doctor, should adhere to this standard. But if your doctor deviates from this accepted standard you may have a case. One example of not adhering to this standard is using unsanitary instruments. Another example is a misdiagnosis by a doctor. Such examples of medical negligence are numerous. However, malpractice is not as simple as a doctor making a mistake. The process to prove malpractice is a complex one which includes several elements.

Malpractice Lawyer - When Would You Need One?

The first important element in the process of proving a malpractice is to show that a duty was owed. For instance, if a person comes to the emergency room and has the symptoms of a heart attack, the doctors should immediately provide him with the necessary medical care. The second element is to show that this duty was breached by the professional. For example, if a man again has the symptoms of a heart attack but he does not receive the necessary medical care. The third element is to show that harm was caused as a result of this negligence.

So, if you have been the victim of a doctor's negligence the law is on your side. You should just hire a skilled lawyer in this industry which will give you an opportunity to ensure your financial well-being and as well as to ensure a standard of medical care for other patients.

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Tuesday, December 21, 2010

Steps in A Medical Malpractice Case

You may not iffy that a health practitioner has done something wrong pending long after you have been treated; this may be months, or even living. There is a narrow time in which you must folder a complaint against a health practitioner for health malpractice, after which you escape your right to retrieve any indemnity. The deadline is regularly called the "limitation time". If some time has conceded between the times that you have seen the health practitioner and the time that you perceive something wrong, you should see your lawyer immediately to escape any opening of absent the limitation time.

Authority health diagnosis

Lawyer Malpractice

You must request another view as to your state. A good health malpractice lawyer may be able to mention some specialists to see. This is important to mold if your surgeon or health practitioners have done or not done something that a "reasonable surgeon" would do in your crate.

Steps in A Medical Malpractice Case

For the rest of this article, we will discuss the meaning behind what we have learned about this subject so far.

Know with a lawyer

You can then endure with a lawyer to analysis the health sentences with you, and see if there is any crate meaning pursuing. arrogant that there is a good opening of a patio sentence at slightest one of the health practitioners relaxed, the lawyer would then poverty to assess what indemnity that you have bared, and determine a reach of what you might presume to win, based winning fresh patio firmness.

Profile complaint before limitation time

Your lawyer must folder a complaint before the limitation time in order to sanctuary your lawful rights. If this isn't done, you won't be able to sue the health practitioners in patio, and it will be suspect that you will be able to retrieve something.

Commence negotiations with the CMPA

All approved surgeons in B.C. are necessary to hold malpractice indemnity through the Canadian medicinal Protective Association ("CMPA"). The CMPA will escape paying out rights, or if a patio is likely to find the surgeon likely, their brief is to pay out the slightest total to reconcile the right.

Pre-test examinations

This commonly happens 6 to 12 months after commencing the complaint, and each faction will be examined by the lawyers for the other flank, under swearword. Your lawyer will try to get proof from the health practitioners that they did not hunt decorous procedures, and their lawyers will try to get proof from you that you did not bear any indemnity.

Switch of papers

Each flank will have to give the other flank all papers germane to the crate. This will comprise health account, notations, authority witness rumor, as well as your income tax income, pecuniary statements, and other proof of absorbed income (history, submit or impending).

Set the test time

Your lawyer wills analysis the options for venue the test time. If this is set too early, you may not have all your symptoms show up, and the indemnity the patio awards you may be fewer than if the test was later.

Testing

If you still cannot come to a negotiated reconciling before test, then you will have to go to patio. The patio will learn proof to mold whether any of the health practitioners were at defect, and also the total of indemnity bore. Your lawyer may call other surgeons as authority witnesses, and also submit proof as to your absorbed income and impending income. At the end of the test, the reviewer or jury will poverty to finish which, if any, of the health practitioners were at defect, and if so, how greatly indemnity you bared.

Attracts

If one flank or the other does not like the firmness at test, he or she can interest the firmness to the B.C. incite of attract. There, other reviewers will analysis the firmness, based winning the reality established, and finish whether it was assess, or also upset that firmness.

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Sunday, December 19, 2010

How to Recognize If You Have a Valid Medical Malpractice Suit

Medical malpractice or medical negligence takes place when a doctor or a different medical professional, such as an Anesthesiologist or Registered nurse, neglects to deliver a standard of care or by undertaking an act, or failing to perform an action that results in an injury or harm to the affected person. These are called mistakes, or omissions, and may occur at any time during the period in which the injured individual is handled by the medical professional.

It is intelligent practice to comprehend the treatment in which you get from a medical professional so that you can prevent being a victim of medical malpractice. For example, if you are meeting with a doctor for an ordinary checkup, get to recognize what are the standard practices that call for an annual or routine checkup, such as blood pressure checks. Understanding what is regarded as to be hypertension (high blood pressure), or what your sugar levels should be helps to assure you are getting the best medical care. In the same way, if you are a candidate for a surgical procedure, your doctor should inform you why the procedure is necessary and describe the surgical procedure in depth and inform you of the risks and complications associated with your surgical procedure.

Lawyer Malpractice

There are a lot of medical malpractice suits which are filed in the courts for the reason that a medical doctor failed to advise his client about the connected risks of a surgical procedure. Should the doctor describe those risks, make certain that you know if those risks or normal risks that are involved. Without knowing such information, you could be a victim of medical malpractice.

How to Recognize If You Have a Valid Medical Malpractice Suit

If you think that you or a loved one has become a victim of medical malpractice, it will also be smart to always keep exact records and information. Filing a medical malpractice suit will mean that you will have to prove that your physician or other medical professionals acts were the cause of your injury or damages and therefore their acts were negligent. This means that you should keep track of dates in which you began treating with the professional, what types of medication were you prescribed, and detailed information regarding your visits. This information can be kept in your personal files at home.

Lastly, filing a medical malpractice suit can be very costly. When you file a suit regarding medical negligence, you will in all probability need the opinions of expert witnesses, which could you cost you in the thousands of dollars. Remember the expert witness will have to take time off of work for court appearances and depositions. However, the cost should not deter you if you believe you have a valid medical malpractice suit. Consulting with a lawyer should be one of the first things to do when you suspect you have a valid case. A lot of attorneys specializing in this field will provide their services on a contingency basis, which means that they won't get paid, unless you win.

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If you think you have a medical malpractice suit, do not let the statute of limitations run out, but take action now. For more information about Medical Malpractice and to find a wealth of resources to help you with your case, please visit our web site at http://www.malpracticeinfonow.com

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Thursday, December 16, 2010

How to Hire a Medical Malpractice Lawyer Without Paying a Dime (Upfront)

Fact: You have been injured as a result of improper medical care. You are now looking for an attorney to help solve your legal problems. How do you hire a medical malpractice lawyer in New York without having to pay a penny (upfront)?

The answer is simpler than you think.

Lawyer Malpractice

In any medical malpractice or accident case in New York, you can hire an attorney without paying a dime out of pocket upfront. You do this by hiring the attorney on a 'contingency fee' arrangement. This means that the attorney agrees to prosecute your case and only if they are successful will they be able to recover a percentage of whatever they recover for you. This allows you to hire the best trial lawyer, without paying them a penny out of your own money upfront.

How to Hire a Medical Malpractice Lawyer Without Paying a Dime (Upfront)

In the mid-20th century, lawyers realized, especially in accident and medical malpractice matters, that many injured victims simply did not have the finances to hire an experienced trial attorney. In order to get around this problem, lawyers developed a formula that would allow injured victims to hire the best lawyers they could find without having to pay a single dime upfront. What was this plan?

This was the birth of the "contingency fee." This meant that people who could not afford to hire a great trial lawyer could now walk into their office, and if they had a valid case that the attorney was willing to accept, they would not have to pay the attorney a single penny to prosecute their case. The lawyer would pay all of the expenses to prosecute a case involving negligence or medical malpractice. At the end of two or three years, when the case finally concluded, either by settlement or by jury trial, the lawyer would accept a percentage of whatever money he could recover for the injured victim.

This created a "win-win" situation for both the attorney and the injured client. Why?

Simple. The attorney would be the one taking on the biggest risk if he accepted a medical malpractice case on contingency. This meant that he would have to make an educated business decision at the beginning of the case to determine whether it was worth his time and money. If the attorney made a bad investment choice, then the lawyer would be the only one to suffer the repercussions which involved a waste of his time and his own money. If on the other hand, the lawyer was successful in obtaining compensation for his injured client, the client would now receive a substantial portion of the proceeds and the lawyer would be rewarded for his efforts with a percentage of what he was able to recover.

Many people do not realize that in a medical malpractice case, an attorney's fee is calculated based on a sliding scale in New York. This means that the more money we recover for our client, the less fee we recover. The thinking is that the injured victim should retain more money. This is entirely different than if we represent somebody in a car crash case, where the lawyer's fee is one third (after attorney's expenses).

As an example, if you obtain a million settlement in a medical malpractice case, the total attorney's fee may be around 15%. This is significantly less than in an accident case. Nevertheless, there is still a great incentive for an experienced attorney to take on a significant case. What is the incentive? The incentive is that without an experienced attorney's guidance, the injured victim may be unable to recover any money at all. And without having a contingency fee, where the lawyer's fee is contingent upon success, there is no way that an ordinary person would be able to pay a lawyer an hourly fee for all the work that is necessary to prosecute a medical malpractice case.

The bottom line?

Contingency fees work. They allow people without financial means to hire the best attorney they can find to prosecute their case without ever having to lay out a single penny upfront.

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Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney. 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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Tuesday, December 14, 2010

How a Malpractice Lawyer Can Help You

When you hire a lawyer, you put a great deal of trust in his or her abilities to handle your case in a timely, effective, and confidential manner. The same is the case with a doctor-we put our health and, ultimately, our lives in their hands and trust that they will follow medical procedures and perform at their utmost capability. When neither of these professionals are thorough in their work, damages can result, which they can be held responsible for. If you have suffered at the hands of a medical or legal professional, you may want to consider hiring a Philadelphia malpractice lawyer to help you file a lawsuit.

Everyone knows the saying that people hate lawyers until they really need one. If you have been victim of malpractice, then you need an attorney. They can bring your wrongdoers into court and give you a chance to have damages paid. Or you can just face the person who abused their power in some way and calling them out on what they did to you. Find a respectable lawyer and let them help you.

Lawyer Malpractice

Medical malpractice results when a health professional such as a doctor, surgeon, or laboratory technician does not perform their job within the regulations set by the government. There are a few things you have to be prepared to "prove" when filing your claim, which are: that the health professional had a legal duty to provide care to you, that they did not provide it, that you sustained injury from the medical worker's actions, and evidence showing the losses that resulted from the injury. Your Philadelphia attorney can help you gather this evidence, as well as testimonies from qualified and respected medical professionals.

How a Malpractice Lawyer Can Help You

Legal malpractice occurs when an attorney causes harm to their client through dereliction of duty. Perhaps it was as innocent as simply failing to file paperwork on time, letting the statute of limitations expire and making you lose your claim. It can also happen when a lawyer is putting their own needs before those of the client. To be successful, you will have to show that it was a mistake made not out of poor strategy but by breach of ethics.

Depending on your case, you and your lawyers working together may be successful or may not be. Remember that both methods of carelessness are governed by a statute of limitations. So go find a Philadelphia malpractice lawyer and win your case today!

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You can file a Philadelphia malpractice claim by contacting a lawyer who specializes in medical or legal malpractice.

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Sunday, December 12, 2010

Starting Your Career As a Patient Lawyer

The patients who have experienced medical negligence or medical malpractice seek help of patient lawyer. Sometimes, the negligence of the medical staff or malfunction of medical equipments can cause problems to the patient. Here patient lawyer comes into help to provide legal advice and legal representation in the court. A patient lawyer should be well versed with the rights of the patient. He also provides help in negotiating and settling a case between the patient and the medical staff.

Many people think that in order to become a lawyer, they have to take some special courses in their bachelor's degree. This concept seems a little vague as there is no particular course that you have to take in your undergraduate program. You can take any course and major in the program. The only thing you need to care of is your GPA and good grades. An above average GPA is just enough to fulfill the requirement of a law school.

Lawyer Malpractice

1. The next step after earning your Bachelor's degree is to take the LSAT test. Law School Admission Test is based on five multiple choice sections and a written section to test your problem solving and reasoning skills, along with your writing skills. Most reputable law schools demand good score in LSAT. So, don't take this test lightly and if possible take preparation courses to score good in the test.

Starting Your Career As a Patient Lawyer

2. You will have an ample time between you apply to law school and to the time you begin your studies. It is perhaps the ideal time to gain some work experience that will be a good addition to your resume. If possible try to look for an internship or part-time job in any of the law firm to get an idea about the inner workings of the profession. Don't worry if you don't get a job in a law firm, do it anywhere as any sort of work experience is always a good addition in your resume.

3. During your study period, take help from your teachers in selecting the right courses that will help you in your area of specialization, such as personal injury law or medical malpractice law. A straight path will take three years to complete your law school, while a part-time study path will take almost five years to finish the law school.

4. At the end of three years, you will earn your law degree. The last step in beginning your career as a patient lawyer is to pass the bar exam. Bar exam is set to check your skills and knowledge about the law in a comprehensive manner. That is why many lawyers find it difficult and tough to pass.

5. Once you have passed the exam, you will get a license which means that you can start practicing law as a patient lawyer. Try to look for a law firm that deals with the medical negligence cases.

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Friday, December 10, 2010

Characteristics of a Good Medical Malpractice Attorney

Medical malpractice is a situation in which an individual claims that while they were under the care of a professional in a health-related field, they received improper care. Normally, this care resulted in further injury or, in many situations, death. It is an accusation that a professional was negligent in one form or another. If you are in a situation where you feel the need to file a medical malpractice claim, it is imperative to obtain an effective medical malpractice attorney to handle your case. In this article, you will learn some of the top characteristics of the best medical malpractice attorneys in the country.

Prior to engaging in a medical malpractice claim against a medical professional, there are just a few things that must be established. The first thing is that the professional took responsibility for your care. The second thing that you must establish is that the professional failed to provide care for you in a manner that is consistent with standard procedures that suited your medical needs.

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Once you have established the above mentioned information, it is vital to provide proof that the professional's lack of care resulted in an injury, or further damage. It is important to ensure that you have proof of the injury that you are claiming to have sustained as a result of the negligence of the medical professional. If you are able to verify all of these components to the case, then you may continue your search for a medical malpractice attorney.

Characteristics of a Good Medical Malpractice Attorney

The first characteristic that you should ensure that a medical malpractice attorney has is an extensive educational background in medical malpractice. It is also important that you inquire as if to whether the medical malpractice attorney has ever had experience in dealing with the type of case that you are claiming. The unique combination of education and experience should prove to be the top determining factor when selecting a medical malpractice attorney to handle your case.

The second characteristic that the medical malpractice attorney must have is a standard pay scale. The attorney must be very comfortable when explaining their rates for the service that they will provide to you. Many medical malpractice attorneys have been known to say things like "If you don't get paid, I don't get paid", or "we will worry about that only if we lose...and we WON'T lose". You should be very cautious with individuals that express this regarding the fees regarding their service.

The medical malpractice lawyer should have an established pay scale, and be willing to discuss their fees openly and honestly with you. If they are not willing to do this, or keep putting you off, it would probably be in your best interest to resume your search of an appropriate attorney. Chances are, you will end up with further complications if you remain with a drifty medical malpractice attorney.

Like anything else in regard to fees, make sure you get it in writing! That way there can be no misunderstanding when it comes time to pay the malpractice attorney fees.

When searching for a medical malpractice attorney, it is essential that you make sure that you are at ease with the individual. You want someone that you can easily confide in, and that will empathizes with the experience that you have endured. You will also want someone who can communicate effectively with you when you meet with them. Good communication skills are essential when it comes to working a trial.

You may want to request information on the track record of the medical malpractice attorney that you are considering. It is imperative to know and understand what type of cases the attorney has handled in the past, their success rate, and even the circumstances surrounding their losses. You should openly discuss any concerns that you have with that individual to receive clarification on the issues.

As you can see, choosing a medical malpractice attorney can prove to be challenging. However, if you implement the steps that are outlined here, you are sure to find a dedicated professional who will work to ensure that you receive the compensation that you deserve.

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Wednesday, December 8, 2010

Surgical Malpractice Dangers

Anytime a patient goes into the operating room for surgery, there is some risk of surgical malpractice. Like the rest of us, surgeons are human and occasionally make mistakes. Unfortunately, however, a surgical error can have tragic consequences on a person's life. A surgeon or team member who makes a mistake and causes harm to the patient may be liable for surgical malpractice. If you or someone you love has been harmed by a surgical error, consider consulting with a personal injury lawyer as soon as possible.

Types of Surgical Malpractice

Lawyer Malpractice

During a procedure as complex as a surgical operation, no mistake is insignificant. Everything must be done carefully and precisely to avoid causing any harm to the patient. Some common types of malpractice that can lead to further complications include:

Surgical Malpractice Dangers

  • Wrong side surgery
  • Wrong site surgery
  • Improper incision
  • Misuse of anesthesia
  • Use of un-sterile tools
  • Hospital infections
  • Leaving surgical instruments in the body
Any of these mistakes could severely injure a patient and possibly even result in wrongful death. The patient and his or her family could be left not only with the physical and emotional pain caused by malpractice, but its financial burdens as well. A victim of a surgical error may be facing sky high medical bills, lost income from time off of work, the expenses for any corrective surgeries needed, recovery costs, and pain and suffering. If you or someone you know has been harmed by surgical malpractice, discuss your legal rights and options with an experienced malpractice lawyer.

Learn More

For more information on surgical errors and malpractice lawsuits, visit the website of the Kenosha medical malpractice attorneys of Habush, Habush & Rottier, S.C., today.

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Sunday, December 5, 2010

Medical Malpractice Lawyer - Medical Malpractice Attorneys & Lawsuits

Medical malpractice is an act by a health care provider that deviates from acceptable standards of practice in the medical community. Basically, medical malpractice is professional negligence which causes an injury to the patient.

The United States has developed a specific medical law covering medical malpractice. A doctor will be liable of medical malpractice unless he/she is shown to have acted in accordance with a reasonable body of medical opinion.

Lawyer Malpractice

One type of medical malpractice is birth injury. Occasionally during birth, a child may suffer physical injury as a result of doctor mistakes, hospital mistakes or by the mistakes of other professionals during the delivery process. Common birth injuries include skin irritations, fractured collar bones, brain damage, Cerebral Palsy, Erb's Palsy and temporary paralysis. Brain damage is obviously the most serious form of birth injury as it can result in seizures, strokes and mental retardation later in life.

Medical Malpractice Lawyer - Medical Malpractice Attorneys & Lawsuits

Another common type of medical malpractice is surgical mistakes. Errors in surgery can result in permanent disfigurement and/or complications due to serious infections. Wrong side surgery (operating on the wrong side of the body), instruments left in the patients body, misdiagnoses and wrong patient surgery are common types of surgical mistakes.

Other common medical malpractice lawsuits these days include failure to diagnose cancer, physician and doctor negligence and anesthesia errors and mistakes. Injuries from these types of medical malpractice are often times very serious and medical malpractice lawsuits taken into action.

If you or a loved one has been a victim of medical malpractice it is very important that you seek help immediately. You may be entitled to financial compensation for your injuries. The general rule in medical malpractice death cases is that one is entitled to recover both economic and non-economic damages suffered as a result of the loss of a loved one. Please contact our experienced medical malpractice lawyers immediately.

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To learn more about medical malpractice or hiring a medical malpractice lawyer, please visit our website at http://www.resource4medicalmalpractice.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

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Friday, December 3, 2010

Medical Malpractice - NY Lawyers No Longer Required To Ask Clients To Pay Them Back If Case Lost

MEDICAL MALPRACTICE & PERSONAL INJURY LAW IN NEW YORK

A new law just went into effect the other day. Lawyers no longer are required to pursue their clients for expenses the lawyers incurred on their behalf in unsuccessful lawsuits, in cases where the lawyers' fee was payable only if the client won.

Lawyer Malpractice

It used to be that a New York lawyer was obligated to tell their clients that even if they lose their case, they were still responsible for paying the lawyers expenses he spent on their case. For example, if the lawyer spent ,000 prosecuting a medical malpractice lawsuit, and they lost the case, the lawyer was legally within his right to turn to the client and ask the client to reimburse the lawyer for the ,000.

Medical Malpractice - NY Lawyers No Longer Required To Ask Clients To Pay Them Back If Case Lost

In reality, it didn't really work that way. Most practicing medical malpractice and personal injury lawyers would not ask a client to reimburse them for their expenses if they lost the case. Can you imagine the indignity that results from such a case? Not only do they lose their case, but now they're hit with a huge bill for the lawyers expenses? What happened to "No fee, no recovery?" Well, if you ever looked in the fine print in one of those ads, or in a lawyers' retainer agreement, there was always one sentence which said "The client is ultimately responsible for the legal expenses incurred on their case."

Importantly, the law that Governor Pataki just signed says that a lawyer is no longer REQUIRED to pursue their clients for expenses. In most cases, at least in the greater New York metropolitan area, most medical malpractice attorneys would not ask their client to repay their expenses if they lost the case. It's just bad business.

In 18 years of practice I have never asked a client to reimburse me for my costs if we lost a case. However, I know that in some upstate counties there are lawyers who have no problem asking their client to foot the bill for all of their legal expenses if they lost the case- and guess what? Legally, they were totally within their right to do so.

Now, lawyers are not faced with the dilema to ask the client for their legal expenses. What does this mean for the prospective client who needs a medical malpractice or personal injury lawyer?

Make sure that your lawyer puts a sentence in your retainer agreement that says that he will, or will not seek reimbursements of his legal expenses if you lose your case. This way you know exactly what will happen at the end of your case, and whether you'll be on the hook for thousands of dollars.

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

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

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

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Wednesday, December 1, 2010

Starting Your Career As a Medical Negligence Lawyer

There is certainly a law exist for those who fell victims of medical negligence in one way or another. It is the right of every patient to get professional medical treatment and appropriate medication on behalf of the medical staff, but often patients are not treated as they should be by the medical attendants or staff and patients' condition further deteriorate due to negligence and other medical mistakes.

A medical negligence lawyer specializes in dealing with the cases of such medical negligence and offer legal advice and guidance regarding the legal options available to the clients to bring the medical staff and management to the court of law. A medical negligence lawyer not only has a good legal knowledge but also medical knowledge. He also has good communication skills as he often has to talk with the friends, family and medical staff to note down their statements.

Lawyer Malpractice

1. The very first step involve in becoming a lawyer is to earn your Bachelor's degree. You will not be able to apply in law school unless you earn your four years undergraduate degree.

Starting Your Career As a Medical Negligence Lawyer

2. After getting an undergraduate degree, you need to take a LSAT test. LSAT test is designed to test your reasoning, verbal and analytical skills. Normally, you need to do extremely good in LSAT test in order to take admission in a top law school. You can get information about the test and preparation material on the website of LSAC, i.e. http://www.lsac.org/.

3. Different law schools have different admission criteria. Most prestigious law schools required good academic record, work experience and so on. So, you have to evaluate yourself first and apply in the law schools accordingly. Never aim too high with average educational background and average LSAT score. Aim at getting into a law school and you can make the difference with your over all hard work.

4. Studying law is never been easy. You have to spend a lot of work in reading, studying cases and spending time in the library. Your hard work and independent studies is the only a key to pass the exams with good grades. Also gain some independent knowledge about the medical malpractice law during your law school.

5. Being a medical negligence lawyer, you need to have a reasonable of knowledge of the legal as well as medical aspects of the cases. For this, you may need to learn about medical terminologies and other medical aspects. You can read medical journals and take help from internet to gain some knowledge.

6. Once you have your Juris Doctor degree, you should gather some information about the bar exam which is necessary to pass in order to start law practice as a medical negligence lawyer. It is better to take your time in preparing for the exam as many lawyers find it hard to pass.

7. After clearing the bar exam, advertise yourself. Talk to American Bar Association and ask them to include your name in its online database as medical negligence lawyer.

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