Longer Statute of Limitations on Medical Malpractice Pushed

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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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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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.

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 $25,000 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 $25,000.

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.

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

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.

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 $25,000 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 $25,000.

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.

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