Product liability is the area of law to which all sellers of the product who are in the distribution chain, covering the product manufacturers, manufacturer of component parts, distributors, suppliers, wholesalers, retailers, and sellers are held responsible for placing a defective product into the hands of a consumer and for any injuries that those products can cause.
Posted in Medical Malpractice Expert | No Comments »
1. Nothing was done wrong to you.
It goes without saying that if the doctor or hospital did nothing wrong, then you absolutely have no business bringing a lawsuit against them.
2. You did not get hurt.
Likewise, if a doctor did not treat you properly, but you did not suffer any injury as a result of that wrongdoing, then you have no business bringing a lawsuit seeking compensation. Remember, in any medical malpractice lawsuit in New York, your attorney must prove (1) wrongdoing, (2) that the wrongdoing caused harm, and (3) that the harm is significant and permanent. All three of those elements must be confirmed by a doctor who has either treated you, or evaluated your medical records. If any one of those elements is missing, then it will be difficult, if not impossible to bring a successful case on your behalf.
3. You do not have a long-term permanent injury or permanent disability.
This relates to element #3 discussed in the paragraph above. You might have suffered a minor injury from a doctor’s or hospital’s wrongdoing, but if the injury is not significant or disabling, most experienced NY medical malpractice lawyers will likely decline to handle your matter.
4. You think that if you sue your local hospital, you will not be allowed to return there for any additional treatment you may need.
In all likelihood, this is not true. A hospital cannot discriminate against you, even though you have sued the hospital for medical malpractice. They are obligated to treat every patient who walks into the emergency room. An issue might arise if you are going for elective treatment or surgery and the hospital is a private hospital that you have sued. In all probability, you will be able to continue receiving treatment at that hospital.
In fact, defense attorneys like to make the argument “Can you believe this? Mr. Jones has sued our hospital, telling the world that our hospital did wrong by him. Yet he still returns to our terrible hospital for ongoing treatment of his current medical condition. What does that tell you about his trust in our cherished medical facility? He has no trust in our doctors and nurses, yet he continues to rely on them for his care and treatment.”
5. You like your doctor.
Sure, who doesn’t? Yet on a particular day, at a particular time, your physician may have departed from good and accepted medical care causing you permanent harm. Should your feelings toward the doctor affect your ability to decide whether you are legally entitled to be compensated for your permanent injuries? You must decide whether you are able to do this.
6. You are not interested in money.
Virtually every single person who comes into my office tells me this. Most come in because they want the doctor’s license revoked, or they want to make sure this problem never arises again. It is only when the victim realizes the true extent of the injury do they realize that their suffering is worthy of compensation.
7. You think a lawsuit will make you rich.
Nobody ever got rich bringing a medical malpractice lawsuit seeking compensation. Newspapers love to publicize large verdicts because it generates polarizing feelings which in turn sell newspapers. What many papers do not often publicize is that most large verdicts are reduced on appeal. “Tort reformers” use those headlines of large verdicts to support their arguments that juries award “runaway verdicts” and the medical malpractice laws need to be changed.
I will tell you that every single person who comes into my office has clearly said that they would rather have their health than any amount of compensation from a medical malpractice, wrongful death or accident lawsuit.
8. You think your lawyer will be able to settle your case quickly by pressuring the insurance company with their skills.
If a lawyer tells you they can get you a quick settlement in your medical malpractice case, I suggest you walk- no, run, in the other direction. Ask that lawyer how long they have been representing injured victims in medical malpractice cases in the State of New York. Ask that same lawyer how many insurance companies there are in NY that represent doctors and hospitals. Then ask how many years it takes to bring a medical malpractice lawsuit to a conclusion.
I will tell you that I have been in practice almost 20 years in New York, handling accident and medical malpractice cases. Malpractice cases are NEVER resolved quickly. They are the most hard-fought cases. The defense lawyers are among the best in the business. The only time a malpractice case gets settled quickly is if there is no dispute about who caused the harm, and no dispute about the extent of the injuries and damages. I will also tell you that damages (the amount of money you might receive as compensation) are always hotly contested.
Your lawyer’s skills might be impressive. However, don’t be too impressed by any promises to settle your medical malpractice case quickly. It simply will not happen.
9. You think your case is unique and the doctor’s insurance company has never seen such injuries as yours.
This is wishful thinking. The insurance company has databases of every case that has ever been brought against the doctors and hospitals they represent. They know who the lawyers are. They know what similar cases have settled for. They know what juries award for similar injuries. An insurance company never has any incentive to settle a case unless the prospect of going to trial is much riskier than trying to settle prior to, or during trial.
10. Your friends will think you are a moral sinkhole for suing your doctor or hospital.
Are you really that worried about what your friends think? Do they sit home every day wondering when they’ll be able to return to work and support their family? Do they have to have three corrective surgeries to get them up and walking again? Have they been to the rehabilitation facility like you have. Do they have to do all those painful exercises that teach you how to walk again?
Will you be able to play sports again? I ask you again, are you really worried about what your friends think of you? Do they see what you have to endure every day and night? You decide.
11. You have enough money to make up for your lost wages while you were out of work recuperating.
Why should you have to use up your savings to pay your living expenses, when you believe the doctor or hospital caused your injuries? The wrongdoer is supposed to be held accountable for their actions. If they did the wrong thing, and now you are suffering for it, they are supposed to pay to compensate you. You should not be using your money
12. You have enough money saved up to pay for all of your medical and hospital bills for the rest of your life.
Your medical bills may be very significant. What if your health insurance company will not pay for some or most of your bills? Do you think it is fair that you, the injured victim should have to pay these bills out of your own pocket? The person or hospital should pay for these expenses.
13. You know that you will always have a job, and therefore always have health insurance to help pay for your ongoing medical needs for the rest of your life.
If you believe this, then I have a bridge to sell to you.
14. You do not want your neighbors accusing you of bringing a “frivolous lawsuit.”
This brings me back to what I said earlier- Do you really care what your neighbors think?
15. You know the doctor did something wrong, but you’re just not the kind of person to sue, even though you are now blind because of the wrongdoing.
Many immigrants feel this way. They come to this Country with thanks and much gratitude for the opportunity to make a better life here in the United States, and especially here in New York. Despite these feelings, every person in the State of New York, regardless of whether you are an immigrant or a lifelong resident of this great state has legal rights. An injured victim’s right to sue and seek monetary compensation is the fundamental backbone of our civil justice system.
16. The money you might receive will never make you “whole” again.
In our civil justice system in NY, money is the only way that we as a society can compensate an injured victim. We cannot put you back together again as if your injury never happened. It may not be a perfect system, but it is the best system we have,
17. A lawsuit will not bring back your wife.
That is true. However, it will compensate you and your family for her suffering and the pain she endured while alive. It will compensate you and your family for the financial loss that your family suffered after your wife died. It will compensate your family for the loss of a wife, mother and friend. Can you ever put a price on the value of a mother?
18. “What good will the money do for me?”
See paragraph 17 above.
19. “In my family, we don’t do such things.”
See paragraph 15 above.
20. “I don’t want this to happen to anyone else, but I’d feel bad suing my doctor.”
Compensation is designed to have a two-fold effect:
(1) Compensate you for your actual damages and
(2) Compel the doctor to change his or her ways.
If your sole goal is to make sure that the doctor or hospital does not commit the same errors that caused you harm, then a lawsuit might not be the way for you to go. Rather, you might want to file a complaint with the department of health and have them investigate to determine if there was wrongdoing.
Thank you for taking the time to become informed.
Posted in Medical Malpractice Expert | No Comments »
How do powerful economic intererests make themselves richer and bankrupt nations? Hour Two - Thom and Carrie… If you really are my brother then you’d better start to pray creative commons/flickr/ by …
Posted in Medical Malpractice Expert | No Comments »
The United States Social Security Administration (SSA) administers numerous social insurance programs. One of these is the Medicare Benefits.
Medicare provides health insurance programs for:
1. People 65 years and above;
2. People below 65 years but with disabilities for not less than two years; and
3. People, regardless of age, suffering from End-Stage Renal Disease (permanent kidney failure which requires dialysis and/or kidney transplant)
Medicare provided for by the SSA has four parts:
1. Medicare Part A (Hospital Insurance) – this is paid for by Social Security tax. People over age 65 and other covered members automatically qualify for Medicare Part A. Most people do not pay Hospital Insurance anymore because a spouse or a family member has already been paying for it through payroll taxes.
This benefit includes, among others:
a. Inpatient care in hospitals
b. Care in skilled nursing facilities
c. Home health services
d. Hospice care
e. Blood Transfusion
2. Medicare Part B (Medical Insurance) – this is paid for by the covered members’ monthly premiums depending on their gross income, as well as by the general funds coming from the US Treasury. People over the age of 65 and other people getting Social Security benefits automatically qualify for Medicare Part B.
This part covers all but not limited to:
a. Outpatient care
b. Doctor’s services
c. Preventive services
d. Ambulance services
e. Bone Mass Measurement
f. Cardiovascular, Cancer and Diabetes screenings
g. Occupational and Physical Therapy
h. Eye examination
i. Dialysis
j. Mammograms
k. Clinical Laboratory Screenings and Trials
l. Transplant Services
3. Medicare Part C (Medicare Advantage) - allows the covered member to receive health care and services, at a lower cost, through a provider organization of his choice. Unlike Part A and B, Medicare Advantage is optional, but you must have both Part A and B in order to avail of Part C. Part C includes:
a. Medicare Health Maintenance Organization (HMOs)
b. Preferred Provider Organizations (PPO)
c. Private Fee-for-Service Plans and
d. Medicare Special Needs Plans
4. Medicare Part D (Prescription Drug Coverage) – this is paid for enrollees’ monthly premium and Medicare. Like the Medicare Advantage Plan, it is also optional.
However, Medicare will not cover 100% of your medical costs. As a solution, it is better if you should:
1. Inform your other health insurance that you are eligible for Medicare.
2. Obtain a medigap insurance policy. This covers Medicare deductibles.
3. Study the Medicare Handbook to understand properly your Medicare coverage.
When to apply for Medicare Insurance and Benefits:
If you are not yet receiving social security benefits, visit the nearest SSA office before or about three months before you turn 65 years old, and fill up the Medicare Application Form.
If you are already receiving social security benefits, you will be automatically enrolled in Medicare upon turning 65 years old.
If you are suffering from a disability, you will be automatically enrolled in Medicare after two years of getting Disability Benefits.
For queries regarding Medicare and other Social Security Benefits, contact a Medicare Customer Service Representative or a Social Security Attorney.
For further information about your medicare insurance benefits may be found at our expert Los Angeles attorneys’ website. We also provide free case evaluation services for our clients.
Posted in Medical Malpractice Expert | No Comments »
Face lift leads to woman’s death, woman’s ulcer misdiagnosed as cancer, surgeon operate don wrong organ, boy gets wrong leg amputated…the list never ends. Recent headlines like the above have become very troubling for people undergoing surgery. However, statistics are hard to come by, because most states don’t require doctors to report surgical errors. There are things you can do to lower your chances of something like that from happening to you.
Posted in Medical Malpractice Expert | No Comments »
AUGUSTA : The Dirigo Health board of directors Thursday set in motion a process that could allow the state to collect the maximum assessment to support the state-subsidized Dirigo Health insurance next year - ‘ …
Posted in Medical Malpractice Expert | No Comments »
Because of that, there are law enforcement officers that are spying up on speeders. Even if you’re just going 5 miles over the speed limit you can still be caught and will be fined. Besides, the fines and points on your license will increase insurance rates.
Almost all countries in the world have a speed limit on the road. Speed limits apply ideal driving conditions. There are situations where you need to slow down such as heavy rain, passing a construction zone, or a housing area. Speeding at these conditions is not only dangerous, but it is illegal too.
Exceeding the speed limit or speeding is very dangerous. There is no statistically discernible relationship between the fatality rate and average speed, though there is a strong relationship to speed variance. Dangerous speed kills. That’s why there is a speed limit. Most accident cases were caused by driving over the speed limit.
But why do people speed? There are many reasons why people speed even though they know it’s dangerous. Some of the reasons are because they’re in a rush and want to reach their destination fast, some of them want to feel the thrill of speeding, and some just can’t be patient.
Whatever the reason is, there’s still no exception to speeding over the limit. Even if you’re in a hurry, speeding won’t save you that much time. In fact, it is not worth risking your life. Facts show every 10 mph traveled over 50 mph can doubles the risk of death if a crash occurs. So speed limits are not just guidelines, but they were meant to save lives.
Worst of all, you’ll have a higher chance of having an accident that can lead to serious injuries. You’re not only risking your own life but other drivers or pedestrians too. And if you’re lucky that you’re safe from accident, you will still get in trouble where you could be fined a substantial sum of money or your driving license could also be suspended.
In a nutshell, just drive to the legal speed limit. Keep in mind that speeding won’t give you any benefits. It will only risk your life and others. Drive carefully, remember your loved ones.
Posted in Medical Malpractice Expert | No Comments »
If you have suffered injury because of faulty medical treatment, you can sue your doctor or health professional for malpractice. For instance, your doctor may have diagnosed your condition incorrectly.
Or, he may have prescribed a wrong drug. He could even have been guilty of a lapse while performing a surgical procedure. As long as you are sure that the medical treatment you received caused you unnecessary injury, you can claim compensation for medical malpractice.
Compensation in cases of medical malpractice depends upon the intensity or extent of the injury caused. It covers not only your financial loss, such as cost of treatment or loss of earning, but also the pain and anguish you suffered.
Here are the important steps you should follow while filing a successful medical malpractice claim:
1. Seek the services of a competent lawyer. A competent lawyer will advise you on whether your claim is valid. He will help you with the procedures required for filing the claim and represent you in court. Look for a lawyer who has experience in handling medical malpractice cases. Also, get him to sign a no win, no fee contract with you.
2. Establish your doctor’s liability. Instances of medical malpractice are often difficult to establish. This is because you have to produce sufficient evidence to prove that your doctor is guilty. For this, you will need previous medical records detailing the line of treatment undertaken. In addition, you will also require a specialist’s opinion stating that the treatment you received was faulty and caused you injury.
3. Claim before the prescribed time limit. According to UK law, you can file a medical malpractice claim for up to three years from the date on which you suffered the injury. You can, however, file a claim even after this period if you can prove that you learnt about the faulty treatment only later.
Posted in Medical Malpractice Expert | No Comments »
The letter is the strongest indication yet that the administration will try to block the broadly popular legislation, which is supported by majorities in both chambers, and lists both presidential contenders …
Posted in Medical Malpractice Expert | No Comments »
Every vehicle driver has his duty to implement strict precaution to protect the welfare and safety of his passengers. This is especially when he is driving a vehicle with children on board. Not only it is his professional responsibility, but also it is his legal accountability if in case someone got hurt on travel.
Posted in Medical Malpractice Expert | No Comments »