There are many instances of medical malpractice that most of us experience in our day-to-day life. A misdiagnosis, surgical error, or carelessness of the professionals can result in physical, mental, and financial difficulties for a lifetime.

It is very important for the aggrieved party to fight for his/her rights and the required compensation in a legal manner. Here comes the importance of professional help and a medical malpractice lawyer. In New Orleans, there are reputable attorneys with extensive experience in this field, whom you can rely on in these situations.

Following are the major situations that demand the services of such a professional:

Misdiagnosis:

An instance of misdiagnosis can create havoc in your life. Sometimes it can be fatal too. For example, a disease that could have been cured might have made you permanently physically or mentally challenged due to the incorrect diagnosis of the doctor that you approached.

Nothing can compensate the trauma you and your family members might have gone through. But, at least, it is your right that you get enough financial compensation to meet the expenses of your treatment and to match up with the income that you have been losing as the result of this condition. To get your right due, you should seek the help of a medical malpractice lawyer. In New Orleans, this is not difficult as professional attorneys with exceptional litigation skills can help you out.

Negligence

When each of us approaches a doctor, it is natural that we expect to get competent care. But, negligence can happen on many occasions due to the inexperience of the practitioners, use of relatively new procedures, gap in communication between the doctor and the patient, the use of inefficient equipment, lack of sufficient documentation, etc.

In these cases, to represent you and aggressively argue for you and get your point right, you need a skilled medical malpractice lawyer. In New Orleans, finding such an attorney is easy if you approach professional firms that offer this kind of legal services.

Surgical Injuries

Another common situation that many patients face is partial or full immobility and other disease conditions due to errors that happened during the surgery. The common errors happen during administering anesthesia.

Sometimes, the surgical instruments are left in the body causing permanent trouble to you. An expert attorney can help you get the financial compensation that you well deserve. In addition to these, you may also have experienced medication errors that cause permanent damage to yourself.

If you happen to experience any of these situations in your life, it is in your best interest that you schedule a consultation with a skilled medical malpractice lawyer. In New Orleans, there are reputable firms that can provide you with exceptional legal services.

By: Andrew Stratton

About the Author:

Online Videos

Today’s topic is failure to diagnose heart attacks. What are they and why are they important? The failure to recognize a heart attack has significant, dramatic implications for the patient. If a heart attack occurs, it can kill off a good portion of your heart. And if it is not recognized either immediately before it happens or at the time it’s happening, the result could be devastating.

Let me tell you about a case I recently handled involving a young man and a failure to diagnose a heart attack. The patient developed chest pain and went to his local emergency room. While in the emergency room they hooked him up to a cardiac monitor, and they drew his blood and did all sorts of tests.

They realized that they needed more time in order to properly evaluate to see whether or not he was, in fact, having a heart attack. The hospital was so concerned that they decided to admit him to the hospital to run more tests. They were going to have him do a stress test. They were going to get an echocardiogram, which is like a sonogram of the heart. They were going to draw blood on a regular basis to see whether or not certain enzyme levels were rising, indicate that he might have a heart attack.

So what went wrong with this patient’s care? It wasn’t the tests that were ordered. All of those testes were appropriate and it was good medical practice to do that. The problem arose when the doctors were interpreting those particular tests. They were interpreted incorrectly. In fact, the computers were reading abnormalities in these particular tests, but the doctors who were looking at them blew it off and said not a big deal. That’s artifact. That’s insignificant. We don’t care about that. The patient is normal. Everything is fine.

He followed up with his cardiologist a few weeks later and he told him he was still having some chest pain. The cardiologist never bothered to get the testing that was done at the hospital and based upon his own testing realized that the patient was just fine. He told the patient to come back in a month. We’ll check you again.

The next month the patient returned, as directed, and again, he had the same time of complaints. You know, I have chest pain. I’m feeling uncomfortable. I don’t know what’s going on. Again, the doctor pooh-poohed it and said not to worry, all the tests before show that you are fine.

The third time it happened again. He came back to the office made the complaints. The doctor said not to worry about it, you’re fine. A few days after the last visit to the cardiologist, the patient developed severe chest pain and difficulty breathing. He called an ambulance and was rushed to his local emergency room, which was exactly the place where he had been taken to earlier, a few months earlier, to be fully evaluated. Once the doctors hooked him up to all the monitors in the emergency room, they recognized he was having a massive heart attack and by that point there was very little they could do to save a good part of his heart.

It turns out over the next few days an additional testing revealed that the patient had three arteries, three major coronary arteries that were severely blocked. He had three blockages. And had this been recognized three or four months earlier, the patient could have had an elective triple bypass surgery, which would have prevented what’s knows as ischemia, a cutoff or a lack of blood flow to the heart, what caused him to have this massive heart attack.
A majority of his heart was killed off, as a result of the lack of blood flow to the heart. And because of that this patient suffered every complication known to mankind. So much so, that he ultimately was told that he needed to have a heart transplant.

This patient, unfortunately, is physically incapable of doing any type of activity. He gets tired just from walking across the room. He needs assistance to do all types of daily activities. And it’s tragic because when we went to investigate and looked back at those medical records, we had doctors and experts in cardiology look at those diagnostic tests and they told us that these were clearly abnormal. And even the computer confirmed that they were abnormal, and the doctors should have recognized this. This was totally preventable. He could have had elective surgery, which would have prevented the heart attack and he would have been just fine. Unfortunately, for this young man and his family he wasn’t.

That’s it for today’s topic on heart attacks and why they’re so important to prevent. I’m Gerry Oginski. Thank you for joining me. Have a great day.

By: Gerry Oginski

About the Author:

Natural Remedies

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.

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.

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.

By: Todd Going

About the Author:

Get Mortgage

Most people when thinking about malpractice suits are not aware that there are also dental malpractice suits filed. Dental malpractice suits are in their own category but just as any other person in the medical field, dentists are liable for improper treatment services.

The frequency of the number of claims in dental malpractice is pretty steady. The claims are smaller of course than in the medical field. Here is a range of injuries, due to improper dental treatment that can lead to a dental malpractice claim: injuries to jaw, lip and tongue nerves, injuries related to anesthesia and death.

If a dentist for example fails to detect oral cancer, and other oral diseases he is liable.
A dentist has to make sure that there are no prior medical conditions that may require special treatment for example before giving anesthesia.

The most obvious dental malpractice case is when a patient dies from the dental procedure. This can happen for example by administering improper anesthesia or by improper treatment of gum infections. Here are some other reasons for a person to be able to file a dental malpractice suit:

1. Permanent nerve damage due to complications from an oral surgery.

2. Sometimes a root canal can result in permanent numbness.

3. When a person may be injured from what is called a dental extraction (making a mistake by accidentally removing a good tooth)

Dentists are just like other physicians liable for any injury due to improper treatment or wrong diagnosis. By law, dentists are held to a certain standard of care when rendering services to their patients.

Here are some real cases of dental malpractice:

1. A case of periodontal abscess caused by defective bridge not properly treated: a $24,000 settlement.

2. A woman had a procedure done but it was done with improper contoured crowns and bridges, negligence: a $47,500 settlement.

3. A patient had a permanently numbed tongue following a rather routine wisdom tooth extraction: a $140.000 settlement.

4. A young man who sustained nerve injury in his mouth as a result of a dental procedure: a $54,000 settlement,

5. A woman with painful numb lip and chin after a routine dental treatment: a $100.000 settlement.

While it is not quite clear how many cases of dental malpractice are filed every year in the United States alone, according to some statistics the numbers are rising. There are countless cases of people that have suffered due to improper dental procedures and negligence and all too often these cases are not reported. Often, people may not be aware that they can file a dental malpractice suit. While dentists are people and therefore can make mistakes, making an error that results in a permanent injury that could have been avoided is not acceptable.

If you feel that you have experienced any of the injuries above or some others, it may be time for you to search for a lawyer that is familiar with dental malpractice lawsuits and that can help and advise you.

The time that you may spend searching for such a lawyer could make a difference in your life or the life of one of your family members. It is only right to get justice when injured through careless dental treatments or negligence.

By: Jon Arnold

About the Author:

Free Article Content

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?

How do we right the wrong that others have committed?

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.

By: Gerry Oginski

About the Author:

Buying Car Insurance

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.

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:

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.

By: Gerry Oginski

About the Author:

Legal Blogs

In the last five years, the number of cases related to nursing malpractice has risen considerably. According to the National Council of State Boards of Nursing, RNs or Registered Nurses are now being held liable for negligence and malpractice; such as, errors on documentation, failure to assess or intervene, and medication errors.

Medical malpractice is generally defined as negligence on the part of a physician, nurse, EMT, hospital or other health care professionals. Negligence is at par with failure to perform medical obligations under normal standard of care. The nurses are also involved when patients get injured either physically and/or mentally as results of medical malpractice.

Due to current shortage of nursing professionals in the US, nurses on the job are inevitably overloaded with work and duties. Nurses are not getting enough rest that they need to stay alert at all times due to longer shifts. Inattentiveness often leads to medical mistakes that cause serious harm to patients.

Another root of the nurse malpractice is under qualification. Many practicing nurses lack training or did not complete the proper length of nursing education; thus medical malpractice sometimes occurs.

Even though nurses are less visible than doctors, nursing practitioners are not less significant whenever medical malpractice takes place. To avoid making fatal mistakes, nurses should always observe the following ’standards of care’:

* Proper documentation

* Administer treatment at once

* Proper use of medical device

* Report the changes in patient’s condition at once

* Obtain patient consent

* Follow correct medical procedure

Depending on the circumstances, victims of nurse malpractice may be entitled to compensation for such things as medical costs, pain and suffering, lost wages and benefits, and other losses. When the medical malpractice results in death, members of the family may file a claim for funeral expenses, loss of companionship, and loss of support, to name a few.

There are strict legal deadlines in nurse malpractice cases, so it’s important to have your case evaluated by an experienced medical lawyer if you believe malpractice has occurred.

By: David Austin

About the Author:

Babies

Dental malpractice lawyers offer their services to clients who seek help for their dental malpractice lawsuit claims. If you have been injured while you received a service from your dental care provider (dentist, orthodontist, periodontist, etc.), you may be entitled to file a lawsuit. A dental malpractice or negligence lawsuit has the objective to recover monetary compensation for the damages you received, potential lost wages as well as for your suffering and pain.

If the dental health care provider is found to have violated the treatment standards which he has to abide by, punitive damages might be taken into consideration, too.

What is the legal definition of dental malpractice? Each state has its own legal definition; however, all of them are based on a consistent underlying principal. Dental medical malpractice is described as a result of an injury due to negligence, the failure to correctly diagnose or appropriately treat oral health conditions, or a delay in diagnosing or treating an oral condition, or any kind of malevolent intentional misconduct on the part of the dental health care provider.

In general terms, a little ache or pain you might encounter after you visited your dentist does not constitute dental medical malpractice. For you to have viable grounds to pursue a lawsuit against your dental health care professional, you must have received a significant injury. Sometimes we find situations in which a dentist deviates from his standard of care, without having obtained your consent to that prior to the treatment. In that case you might explore further the potential option of a dental malpractice lawsuit. And for that to be a successful endeavor it is advisable to consult with a specialized dental malpractice lawyer.

Use the Internet to conduct your research on background checks for lawyers that have previously litigated cases that are similar to your situation. Ask for a free consultation. If possible, try to arrange a face to face meeting. This will give you a chance to find out what kind of person he is and whether or not you like his style. The bottom line is: a dental medical malpractice lawsuit can be a long lasting process, and before your case will come to a resolution, many months or even several years might have pass. In other words, you might end up working with your attorney for quite a while and therefore it is imperative that you not only trust in his professionalism, but also get along with him well on a personal level.

By: Tony Ulrich

About the Author:

Spa Resorts

You think you have a good case.

Your lawyer tells you that you have a solid case.

Your lawyer tells you that your case has been reviewed by a medical expert who feels that there were departures from good and accepted medical care that caused you permanent harm. You have met all the requirements to bring your lawsuit in the Supreme Court (the trial level court) in the State of New York.

You proceed with discovery- exchanging medical records and other papers. You appear for a deposition (a question and answer session where the defense lawyer gets to question you at length about what happened to you and what injuries you suffered because of the malpractice). The doctors who treated you are questioned by your lawyer.

Your lawyer continues to tell you that you have a good case. Except for one problem…

The defense lawyers have now asked the trial Court to dismiss your case. They’ve made a motion for summary judgment. There are many reasons a defense lawyer could use to ask for your case to be dismissed. The most common one is to claim that there simply is no malpractice. The defense lawyer will usually support this claim with statements from the doctors you have sued where they swear up and down that there is no evidence of wrongdoing. They may claim that whatever happened to you was out of their control, or a “known complication” that can occur with your procedure/treatment/medical care. The defense will claim that there is no “Question of fact” as the facts are not contested. They will also claim that the only issue is one of ‘law’ which must be decided by the Judge assigned to the case, and not one of ‘fact’ which would usually be decided by a jury of one’s peers.

When faced with a defense lawyer’s request to dismiss your case, your lawyer must now bring out all of his ammunition in order to fend off this potentially lethal assault on your claim. Your attorney will prepare a detailed statement for you to sign which explains in detail the facts of your case. It will also set forth why you believe you have a valid and meritorious case. In New York, your attorney is then required to have your expert detail the specific reasons why he or she believes there is a valid case. Your lawyer’s ‘affirmation in opposition’ will detail all of the factual inconsistencies that exist in the medical care rendered to you.

Only by establishing that there are ‘Questions of Fact’ for a jury to decide, will the defense lose their request. If there are no real questions of fact that exist either by competing experts, or from the parties to the case, then your case will likely be dismissed by the Court before you ever get to trial. If this happens, you should seriously consider an appeal after evaluating the reason why your case was dismissed. In most medical malpractice cases, if both sides submit expert statements that are opposed, that will usually be sufficient to create questions of fact that will require a jury to decide.

A defense attorney must evaluate the likelihood of winning such a motion before deciding to proceed forward with such a time-intensive and research intensive event. The only favorable thing that will occur for the defense- if they proceed with a motion for summary judgment, regardless of whether they win the motion or not, is that they will learn of the plaintiff’s expert witness much earlier than they normally would, and also the detailed substance of what he will testify about at trial. This tends to flush out the expert and his testimony. If your lawyer tries to oppose the ‘motion to dismiss’ without a statement from your medical expert, you can be sure that your case will be summarily dismissed.

Hopefully you will not encounter this request to dismiss prior to trial. Keep in mind that even if your case proceeds to trial, the defense is entitled to ask the Court at the end of your presentation of evidence, to dismiss your case before they even put on any defense witnesses. With proper proof, expert testimony that supports your claim, you will have established a ‘prima facie case’ which means that you will have proven all the elements necessary to have your case decided by the jury.

By: Gerry Oginski

About the Author:

Birthday Party Ideas

Hospital malpractice is like dental or medical malpractice; however it does have one difference. Hospital malpractice may not be a result of actions regarding a specific doctor or medical personnel at the hospital. Hospital malpractice is usually a result of actions by hospital personnel that cause undue injury or pain. This injury or pain can be temporary or permanent as a result of misdiagnosis or other error. To help you better understand malpractice we are going to look at what it is; how a malpractice lawyer may be able to help you, and how these types of cases are usually settled.

Malpractice is when a medical professional has been negligent in their professional conduct in any way. In other words, the individual did not use a reasonable person’s behavior to base their conduct on. This could be a result of error during surgery, regular treatment, or even emotional misconduct. For example, sexual harassment of a patient would be considered hospital malpractice as well as medical malpractice. The results of such conduct may either harm a patient emotionally or physically.

Doctors are professional people, and while the common saying is that “anyone can make a mistake”, doctors are at least one exception to that rule, at least where that mistake could cause pain, damage or even death due to a “mistake”. In the same sense, hospital personnel fall into that same category, where mistakes that impact a person’s life are just not acceptable.

If you suspect that you have been a victim of hospital malpractice you may have a case. To determine if you have a claim to file a malpractice lawyer will be needed. A malpractice lawyer will review the claim details that you have filed with insurance and the hospital. They will also ask to see the hospital records, your records, to determine if there is a case. There are several ways to retain a lawyer for hospital malpractice. The state may give you a lawyer to speak with or you can find a medical malpractice lawyer operating in your state.

If the hospital malpractice has injured you to the point that you are unable to work for a short time or ever, you will be eligible for a malpractice suit filed against the hospital. Furthermore, any claim made because of the resulting need for constant medical care will also allow you to seek a settlement. The settlements when malpractice renders you unable to work or in need of constant medical care will be larger.

The courts do not take kindly to malpractice in medicine. They tend to review the cases and in 95 percent of the cases reward a settlement. This is why most of the claims made for malpractice are settled out of court. The hospital doesn’t want the claims on their record. They also want to award a smaller settlement than what might occur through a court of law. Each case is unique and therefore the hospital will have their own investigation launched. But if the lawyer you are working with believes you have grounds for a valid case, then the hospital’s own investigation will likely reveal the same thing, and chances are high that they will want to settle out of court to avoid the high publicity that naturally occurs.

In fact medical personal must carry malpractice insurance in order to work in any medical environment. A doctor in a hospital malpractice suit found without the proper insurance could face criminal charges as well as the malpractice settlement. If you have been injured, mistreated, or experienced any other form of hospital malpractice it is essential that you seek a malpractice lawyer to gain a deserved settlement.

By: Jon Arnold

About the Author:

Compuer Phone Calls