Medical Malpractice - 10 Reasons Why You Should Call A Lawyer

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.

Lawyer Malpractice

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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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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Why Your Small Business Should Have a Trusted Advisor Team to Help You Realize Your Business Dreams

Disclaimer: The information contained in this article is general advice and should not be construed as legal advice or as a legal opinion.

Most entrepreneurs start their new businesses with the dream of building a successful business. Many of you who started your new business recently opened up the business because you couldn't find a new job. You weren't prepared with a business plan, or market research, or entrepreneurial skills. Yet, none of these deficiencies will necessary mean that your business won't succeed. If you create a team of advisors, you should be able to find professionals and businesspeople who can help you build a thriving business.

Who should be on your team? You should have a business lawyer, an accountant who can advise you on taxes and on how to grow your profits, an insurance broker, and a person who has already created a successful business.

Why do you need these advisors and how do you find them? A business lawyer has the knowledge to advise you about how to avoid lawsuits (which are always more expensive than the costs of acting proactively). If you are moving from your home to an office or renting a storefront, you want a business lawyer to help you negotiate with the landlord to get you the best lease terms. A business lawyer will draft your contracts for you to work with clients (which can state that you get paid upfront in full or in part - that's good for cash flow), with vendors, and with independent contractors (so you don't get into trouble with the IRS or the labor department). You may have a logo to trademark or a creative idea or process that needs a copyright or a patent. Your business lawyer will help you with all of these problems or can refer you to another lawyer who has more expertise with these types of law.

Your accountant will help you set up a chart of accounts, prepare your business tax returns and advise you (together with your lawyer) on issues where taxes are involved (whether sales, income, or payroll taxes). Your accountant should also be able to advise you on how to maximize business deductions so that you pay the least amount of taxes that are required.

An accountant or profitability consultant will advise you on how to grow your revenues, help you to focus on your core business and then add new products or services, advise you on setting your pricing strategy, implement inventory controls, and help you with cash flow problems.

Many businesses carry a wide variety of insurance - or should. These range from liability insurance to business interruption insurance to professional malpractice (or errors and omissions) insurance to auto insurance to commercial property insurance. Do you have an independent insurance broker who will shop your business to several insurance companies? Who will find you the best coverages for the right prices? Who will advise you about risk management so you can keep your premiums as low as possible? That's why you need an insurance broker on your trusted advisor team.

You should also try to find a business mentor, someone who has created a business that is successful. This person should be available, who will listen to you, who has the knowledge and skills that you want to acquire, and should be willing to give you constructive criticism and feedback.

Your team of trusted advisors lets you look at your business through fresh eyes. It gives you a group of professionals who have been what you're going through and have shepherded clients through your challenges. They have expertise that you do not have and should have contacts in other businesses that will help your business (such as technology, marketing, pricing strategies, inventory control). They will ask you questions that you haven't even thought of yet. But, you must be willing to take the advice of your trusted advisors because they will help you build the business of your dreams.

How do you find these trusted advisors? Start with one advisor who you trust and ask them for referrals to the other types of advisors that you want to have. Interview them about their experience and ask yourself whether you would be willing to work with these individuals over an extended period of time. You must be comfortable with your team because they will know you and your business intimately. Only by being open and honest with your advisors can they really help you.

A good team will get you to your goals faster than if you do it on your own. Go find the help and support to get to your business goals faster.

Robin M. Gronsky, Esq. is the owner of Gronsky Law Office in Ridgewood, New Jersey. She may be reached by telephone at: 866-821-4602 and by e-mail at: RGronsky@Gronskylaw.com. For more information about Gronsky Law Office, go to: http://www.Gronskylaw.com.

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When You Should Consider a Medical Malpractice Suit

Every year there are countless numbers of people that are filing medical malpractice lawsuits due to misdiagnosis, negligence, medical errors, delayed diagnosis and surgery errors, and many other things that were needless delays or errors that resulted in the injury or even death of a patient.

No doctor can assure you that the outcome of every surgery will be ok. There are always risks involved when taking medical treatments. People react differently to different medications and different procedures. Doctors make decisions based on the best evidence they can see at the time, and sometimes those decisions need to be made quickly or without a complete picture.

Nevertheless, due to the mistakes of doctors and other medical personnel, many people have suffered needlessly and some have even died. The hardship of the grieving family that is left behind and the loss of life of a person that still could be enjoying life and contributing to others is often overlooked.

If a person remains permanently disabled due to such mistakes, the hardship both of the family and the surviving person is great and often a medical lawsuit should be filed in order to keep up with expenses and to help with the damage that a person is experiencing for the rest of his or her life. This is a primary reason for malpractice lawsuits – the financial expense that the family or care-givers will need to provide for the patient due to the error, which many times will not be covered by standard health insurance.

Most people may think that medical malpractice lawsuits are made because of mistakes by surgeons. While it is true that surgeons have made some terrible mistakes, the majority of lawsuits filed actually stems from mistakes from wrong or delayed diagnosis, which can reflect poorly on various departments within the hospital, such as the readings of a radiologist or the attending nurse or others. When the doctor or surgeon is given wrong information, mistakes can and will happen, sometimes with disastrous results.

At the top of the list are colon caner, lung cancer, breast cancer rectal cancer and other various forms of cancer as well as heart attacks. A misdiagnosis in any of these diseases can be life threatening and very dangerous, and often results in very unfortunate circumstances.

A recent study released by the National Academy of Sciences Institute of Medicine says that up to 98,000 people are killed yearly due to medical errors in hospitals. The number of inflicted injuries and long-term unfortunate and unnecessary pain is much higher. There are also an increasing number of cases of negligence in nursing homes.

Yet some studies have shown that only a small number of people (between 2% - 5%) that have experienced wrongful injuries file medical malpractice lawsuits. The common misperception that many people have is that the doctor is human and therefore allowed to make mistakes. While that is true to an extent, it is the job of the medical malpractice lawsuit to determine why the error occurred and could it have been prevented, since when human life is involved, the allowance for errors is much less tolerant. It certainly has a much greater impact than making an error when balancing your checkbook.

Sometimes patients may go for a settlement instead of a medical malpractice lawsuit. When it is obvious that a doctor or any other medical staff has made a mistake that could have been avoided, you want to talk to a professional lawyer who is experienced in medical malpractice lawsuits. It is only fair for the injured person that has now needlessly to suffer to get some financial help.

Pain and suffering damages make up about 50% of all the money that is awarded in medical malpractice lawsuits.

If you think your family has been a victim of medical errors, misdiagnosis or surgical errors you want to seek some help and financial relief for physical and emotional damages that cannot be undone. A lawyer who is experienced in the area of medical malpractice should be able to tell you about your chances of winning the lawsuit based on the circumstances, and also based on the malpractice laws in your state.

To get more insights and more information about Medical Malpractice please visit our web site at http://www.malpracticeinfonow.com