Medical Malpractice - 7 Reasons Why Your Case Isn't Good Enough For A NY Malpractice Lawyer

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.

2. You exaggerate and lie.

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 $200 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.

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.

Kidney Disease Medical Malpractice Lawyer - Texas

Sears Crawford, LLP is a law firm to help victims of medical negligence obtain answers, dedicated to justice and compensation. We are consultants, the compassionate relationship with each of our customers believe that a sacred duty. We focus on medical malpractice cases where the use and misuse of medical technology and pharmaceuticals. We represent the victims of kidney disease who have suffered harm because of the dialysis treatment have suffered failure and dialysis equipment failure. We act on behalf of the families...



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2 Questions Every New York Malpractice Lawyer Needs To Ask

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?"

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.

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.

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.

Discover How Medical Malpractice Law Protects You

Health care providers of all sorts are supposed to do whatever they can to protect their patients during treatment and all aspects of health care. They have the responsibility to treat their patients with the best care they can and are licensed to give. Should a doctor not do what is expected of them and not give proper medical care, they can be held liable for any medical malpractice they may have caused.

It is the job of the government to help protect everyone from becoming involved in situations that present further harm. In just about every state in the US, there are major medical malpractice suits that are increasing every day. It is the job of the government to prove that all conditions have been and were met before any malpractice claim with the court.

There are many different ways that one can approach filing a medical malpractice suit. They are based in the issue at hand and filed with the most emergency situations first. In many states you have to simply have an understanding of the enacted laws, but there are states that just require a person to have a knowledge of the law regarding medical malpractice laws in order to be able to file a claim. There are some states that have a special panel that looks over the cases that are filed. They are going to be limiting the amount of damages that a person filing a claim can receive.

Medical malpractice claims can be filed in the event of a incorrect diagnoses, failing to provide the correct treatment for a disease or for not treating a condition in a timely manner where that failure results in the patient becoming sicker or even death. There are more things that one can file a medical malpractice claim on, just make sure that you know all the rules and stipulations that need to be followed. You are going to have to be able to prove that they health care provider or the physician failed to provide the correct treatment and care, that resulted in some kind of injury. You are also going to have to present actual proof if to prove the damages were either physical or emotional.
The courts do not view frivolous suits favorably. If the hospital charged you $75 for a Band-Aid during your stay, while that is ridiculous, it is not medical malpractice. Billing errors are also not considered malpractice.

Hiring an attorney to help you with filing your claim is the best way to go. They are going to be able to tell you if you have a case that will hold up in court or not. They are going to be using the help of an expert witness to prove your case. Expert witnesses are going to have to be reliable and prove your case. They must have a certain amount of experience and knowledge in order to be able to prove your case. But an experienced malpractice lawyer knows where to get these kinds of resources quickly if they need to.

Every state has their own set of limits when it comes to medical malpractice. It is of extreme importance that you become familiar with all the laws and procedures that are required in order to file a medical malpractice claim. It may be in your best interests that you check on every physician and their background before allowing them to give you any kind of treatment. Medical malpractice claims are something that have to limited and monitored for the costs of health care to be able to be affordable. With the help of an attorney, you should be able to get the justice that you and your family rightfully deserves.

Have you or a loved one been a victim of medical malpractice? For more insights and additional information on your rights if you are a victim of Medical Malpractice as well as finding a wealth of resources to help you with a possible lawsuit, please visit our web site at http://www.malpracticeinfonow.com