There are many benefits to mediation and qualities that make the process work, these are a few of the key ideas that allow for successful mediation.

• It is voluntary, meaning that at any time you can leave the process with or without a reason.

• It is a collaborative process, it encourages two parties to work together to come to the best agreement that will satisfy both sides.

• You have the control to approve or disapprove decisions that are being made, there is a veto party that each party has to ensure each provision is acceptable.

• Mediation is confidential to the extent that the two parties agree upon. Only with a signed and finalized mediation agreement can confidentiality statutes be laid out and enforced to potential courts.

• Informed negotiation takes place in mediation, meaning you are able to obtain and incorporate legal and expert advice.

• Mediators remain neutral, partial and balanced to avoid any coercion or intimidation.

• Mediation can be a very self responsible and satisfying, knowing that agreements can be made through this process.

Parties with a legal dispute need to locate a qualified professional to assist them in negotiating a fair resolution to their case, mediation for your legal dispute with a company such as the National Arbitration Forum is an option to help resolve existing and potential lawsuits.

Most importantly, using mediation saves money. Mediation can help people save a lot of money compared to the bills that they might rack up through litigation cases, on average mediation can allow for a cost-savings of up to 85%. (Source: “Using ADR in Supply Chain Disputes” (September 2004))

About Author

Christina Doucet is part of the National Arbitration Forum, a neutral administrator of arbitration, mediation and other forms of alternative dispute resolution (ADR) worldwide. For more information about mediation solutions visit http://www.mediation-solution.com/mediation-defined.htm.

Source: ArticleTrader.com

Problems arise where spouses, partners, and other family members disagree about what’s the proper course of treatment to take to preserve or terminate life. In the most complicated scenarios where everyone is an emotionally bankrupt, these disagreements wind up in court, where a judge, who usually has little medical knowledge and no familiarity with you is called upon to decide the future of your treatment and possibly the termination of your life. Such legal battles are extremely costly, time-consuming and cause undue pain to those involved. In a worse case scenario, if a medical emergency arises it could cost you your life. TERRI SCHIAVO CASE RUNS THROUGH ENDLESS APPEALS, LAWSUITS AND DENIALS

Without An Advanced Healthcare Directive, if unmarried, common-law will have no legal authority to make any healthcare decisions for you. Even when you’re married, the parents may have more legal authority than your spouse. In the Florida Theresa Marie “Terri” Schiavo case (December 3,1963 to March 31, 2005) a legal battle between the wishes of her husband and her parents involved 14 appeals, numerous motions, petitions and hearings in the Florida courts, 5 suits in Federal District Court, a Congressional subpoena, state of Florida legislation, and 4 denials of certiorari from the Supreme Court of the United States, all of which could been avoided with an Advance Medical Directive.

Under the law, you can legally authorize your named Agent, whether spouse or common-law or anyone else, with written instructions through an Advance Medical Directive applicable to a wide range of health care decisions and not just “end-of-life decisions.”

WHAT IF YOU ALREADY HAVE A LIVING WILL? IS A LIVING WILL ENOUGH?

Most boilerplate healthcare powers of attorney, healthcare proxy, living will, etc. generally express sentiments about wanting treatments that serve only to prolong the dying process but absolutely no intervention to prolong life. Hospital proxies generally are written to protect the hospital’s financial interests and to limit their potential liability but not yours. Most standardized living wills fall short, limited to what they can accomplish, lacking capacity about day-to-day care, placement options, treatment options and interventions to implement precise treatments to give you, the patient, any chance of recovery.

HOW THE ADVANCED MEDICAL HEALTHCARE DIRECTIVE IS BETTER THAN A LIVING WILL

Healthcare directives can intimately respond to the actual facts and variables known when an actual healthcare decision needs to be made. Your legal decision maker under Advanced Healthcare Directives is also your spokesperson, your analyzer, your interpreter, your advocate with intimate knowledge about you, your wishes, and your values often under the most complicated circumstances fate has placed both you and your partner.

Advanced Healthcare Directives are more precise than most boilerplate instructions. An Advanced Medical Directive should be one of your key estate planning tools, together with a Financial Directive which I discuss in a separate article.

WHEN THE ADVANCED HEALTHCARE DIRECTIVE IS EFFECTIVE IN MEDICAL CARE

Advanced Healthcare Directives are legally binding in most of the 50 states, with exclusive power to act in your stead. An Advanced Medical Directive becomes effective when:

1. You cannot communicate your own wishes for your medical care:

A. Orally, B. In writing, or C. Through gestures, and

2. You are diagnosed to be close to death from a terminal condition, or to be permanently comatose, and

3. The medical personnel attending to your care are notified of your written directions.

Author bio – Rocco Beatrice, CPA, MST, MBA
Award-winning estate planning & trust expert
MS – Taxation, Master of Science Taxation
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In one of two ways:

1. He fails to recognize the signs and symptoms of an impending heart attack, or an ongoing heart attack, or

2. He fails to properly interpret the tests that were taken.

Let’s talk about #1 above. Typically, a patient will go to a hospital emergency room with complaints of belly or chest pain. The pain could be radiating from the chest to the shoulder or arm. The patient might be sweaty and clammy. They could be experiencing crushing chest pain. The problem arises when the patient’s complaints are not typical for what is commonly seen in a heart attack victim.

The words “heart attack” are a misnomer. What do I mean? The doctors refer to a heart attack as a “myocardial infarction.” It basically means one of two things: (1) That part of your heart muscle has died, or (2) The blood vessel(s) that supply the heart with blood and oxygen has been cut off, causing part of your heart to starve and possibly die.

When we hear that someone has had heart bypass surgery, it usually means that one or more of the blood vessels that supply the heart with blood and oxygen has been restricted or obstructed, and surgery was done to allow blood to ‘bypass’ or go around the obstruction.

Sometimes when a patient presents to a doctor or an emergency room with an upset stomach or back pain, the doctor may not correctly interpret the symptoms, and may incorrectly diagnose the patient as having a gastric problem (a problem with their digestive system) and not a cardiac problem. The problem arises when the patient returns home and hours or days later, they die as a result of a ‘heart attack’.

Let’s discuss #2 above, where the doctor incorrectly interprets the EKG or a stress test, and thinks it’s normal, when in reality it is not. Again, the patient is discharged home with instructions on diet and exercise and to follow up with their doctor or cardiologist in a few weeks. Needless to say, the patient returns home and days, weeks, or even months later, the patient dies of a heart attack.

What does a New York medical malpractice attorney look for when evaluating a claim of “failure to diagnose a heart attack?” Your attorney needs to know the following:

1. If you had been correctly diagnosed at the time you had symptoms, what treatment would you have had? Would you have had a stent put in your cardiac artery or vein (a stent is a device designed to open up a clogged artery or vein, and is put in using a catheter, instead of having major open-heart surgery)? Would you have received nitroglycerin to help ease the flow of blood and reduce your pain?

2. Would you have had elective open-heart bypass surgery? By elective, I mean that you have had time to discuss the surgery with your doctor and learn about the risks, benefits and alternatives to the surgery. Sometimes when a patient has had a heart attack, tests might reveal that many of the blood vessels supplying the heart are severely clogged. The patient may then need emergency bypass surgery, and you may not have a chance to discuss any alternatives, as there may not be any at that point.

3. If elective bypass surgery were done, and there was no blood vessel that remained clogged, would you have suffered the heart attack that you ultimately did? If the answer is no, then your potential malpractice case just got stronger. In other words, if your injuries were preventable if you had been timely diagnosed, you would not be in the condition you’re in now. That’s very significant and important.

Recently, I had the privilege of representing a young man whose cardiac condition was misdiagnosed. He had gone to a hospital with complaints of chest pain that was incorrectly diagnosed. He was told to follow-up with his cardiologist to address his ongoing complaints of chest pain. Three months later, this young man suffered a devastating heart attack, killing off a large part of his heart muscle. When the records were reviewed by cardiologists (heart doctors) we learned that the doctors initially misread the diagnostic tests that were performed, and missed the key opportunity to perform elective heart bypass surgery. As a result of that failure, months went by where the young man continued to complain of chest pain. The heart attack has destroyed this man’s life. Unfortunately for him, his heart attack was totally preventable.

A heart attack may be preventable. Let your lawyer know what symptoms, if any, you had when you saw your doctor and what was done for you. Tell your attorney the details of what went on in the emergency room and what tests they performed to find out if you had or were having a heart attack. Prevention is always best. Knowing that a heart attack could have been prevented is second best.

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

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

What do you think?

The short answer is no. The longer answer is still no and here’s why.

Doctors who perform colonoscopies are aware that perforating the colon (making a hole by mistake) is a known recognized risk of the procedure. Obviously no doctor wants to make a hole in the colon, but once in a while it does happen. The fact that it happens is, in my opinion, and the opinion of every physician I’ve ever talked to about it, is not a departure from good care.

“But I was in the hospital for weeks, and I couldn’t eat solid food, and I needed to change my bowel movements in this disgusting bag…” Yes, that’s all true…but those injuries did not result from a departure from good medical care. The medical community recognizes that there are risks with every procedure. This happens to be one of those risks associated with a colonscopy.

“How come I heard that my neighbor had a case, and his colon was perforated during a colonoscopy, but you’re telling me I don’t have a case?” The reason your neighbor has a case is because during his procedure the doctor created a hole in the colon and failed to recognize it. The following day the patient called the doctor complaining about belly pain and back pain, and was ‘poo-pooed’ away by the doctor claiming it’s normal to have discomfort after the colonoscopy. Two days later, the patient spiked a fever and got very sick. Only after calling the doctor’s office repeatedly to advise him of these worsening problems did he suggest going to the emergency room. In the emergency room your neighbor had an MRI which showed some type of fluid in his belly- where it shouldn’t have been. Your neighbor was rushed into emergency surgery where surgeons found a belly full of fecal material (bowel movements) where it clearly should not have been. After cleaning him out, they found the hole that was made during the colonoscopy. Your neighbor then had to get a colostomy bag and remain in the hospital for 10 days on heavy-duty antibiotics.

Here’s the key to determining whether you have a potential case:

The fact that there was a perforation during your colonoscopy is, in all liklihood, not malpractice. It’s the FAILURE TO RECOGNIZE the hole that is a departure from good care. When the patient called to complain, the first thing the doctor should have done is get the patient back into the office for an evaluation. Additional tests may be ordered which may reveal the ongoing problem. If this fails to detect the problem and the patient continues to complain, the next step is usually to send the patient into the emergency room for a full work-up and evaluation.

Only with proper and timely monitoring of the patient and prompt attention to the patient’s complaints can a potential tragedy be averted. So, do you have a case if there was a perforation to your colon during colonoscopy? Unlikely. If the doctor failed to detect the perforation, and you continued to complain, and your condition worsened, then you need to speak to an experienced medical malpractice attorney who practices in the State of New York immediately.

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.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

How could this happen in today’s day and age? Here’s an apparently well-trained physician who claimed, according to his PR person’s statement that “He was unaware that what he was doing was incorrect.” Give me a break. It’s common knowledge that you don’t re-use needles, and you certainly don’t re-use syringes. Why would anyone re-use a syringe? It makes no sense.

Here’s how it happened, according to the New York State Department of Health:
The anesthesiologist used a clean needle and syringe to obtain medicine from a vial. The medicine was injected into patient #1. The anesthesiologist removed the needle and then replaced the needle onto the syringe that he had used for patient #1. He then sticks the new needle and old syringe into the original medicine vial he used for patient #1. He then injects medicine into patient #2.

After an investigation by the department of health, they determined that a trace amount of patient #1’s bodily fluids likely ended up in the syringe after the first injection. When this doctor inserted the new needle and old syringe into the old medicine vial, it likely contaminated it with patient #1 blood. The tainted medicine vial was then used to inject other patients.

Infection control is critical to preventing errors such as this one where two patients suffered hepatitis from this doctor’s improper infection control. The doctor claims that he was cleared by the Department of Health, and given remedial instruction on how to use these ‘multi-use’ vials.

However, when looked at from a legal point of view, and not from a Department of Health regulation point of view, one could certainly argue that there was a departure from good medical care that resulted in significant harm (the hepatitis) to the patient.

I’ll leave it to the politicians to point fingers at the New York State Department of Health and the Nassau County Department of Health about why they didn’t notify this doctors’ patients two years ago about the possibility they may have contracted hepatitis from this improper procedure.

Importantly, if you believe you contracted hepatitis or other infectious disease from improper infection control, you should contact an experienced New York medical malpractice lawyer immediately.

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.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

By Patricia Woloch

Victims of psychiatric malpractice face a difficult battle. Mental health care patients are vulnerable to negligence and wrongdoing by the very nature of their condition. When the do speak up about mistreatment, their complaints are often dismissed or ignored.

Patients with a history of emotional instability, impaired judgment, or erratic behavior are easily taken advantage of by the mental health system. Due to the stigma of mental illness, those capable of speaking up for themselves often lack the courage, feeling that no one will believe their claims.

Psychiatric malpractice is a very real form of medical malpractice, which can have devastating mental, emotional, and physical consequences. Psychiatric malpractice can be deadly. It should never be ignored.

Informed Consent

Mental health care patients have the legal right to be informed of the risks and benefits of undergoing or choosing not to undergo a treatment. Just like any other type of patient, they have the right to refuse!

Unfortunately, many patients, their loved ones, and the general public are under the impression that the right of informed consent does not apply to mental health patients.

What constitutes psychiatric malpractice?

Mental health care providers have a duty to treat their patients with dignity, provide adequate care, and prevent harm. Unsuccessful does not in and of itself constitute malpractice. Psychiatric malpractice includes:

· Failure to diagnose

· Failure to treat

· Failure to recognize worsening of condition

· Negligent psychotherapy

· Abandonment

· Negligent or harmful use of medications

· Failure to monitor medications

· Lack of informed consent for medications, therapeutic technique, or procedure

· Emotional manipulation

· Fraud

· Breach of confidentiality

· Defamation

· False imprisonment (including inappropriate restraint)

· Physical abuse

· Sexual Misconduct

· Failure to prevent harm to self or others

· Inadequate supervision

· Wrongful death

Medication errors

Mental health care providers have a duty to prescribe appropriate medications, in appropriate doses. The medications prescribed for psychological disorders can be dangerous, causing severe physical and emotional side effects. Many of these drugs are even more dangerous if a patient suddenly stops taking them. Doctors have a duty to inform patients of the side effects of the drugs that they are prescribed and the dangers of ceasing medication.

In some cases doctors have been misinformed by drug companies, about the medications they are prescribing. Even worse, they may not have been told about dangerous side effects that were known to the drug makers, such as suicidal behavior. Drug manufacturers will often try to claim that the deadly results were caused by the mental illness rather than the medication.

When patients are harmed by defective medications the responsibility normally falls on the drug makers, rather than the doctor who prescribed the drug. Then it becomes a product liability suit instead of a medical malpractice suit.

Taking action

You do not need to know which kind of lawsuit you have in order to take action. If you feel that you or a loved one has been the victim of psychiatric malpractice, you should talk to an attorney who has experience with these kinds of cases. Your attorney will investigate, determine what type of case you have, and advise you on the best course of action.

Contact a qualified attorney in your area by visiting The Personal Injury Lawyers Directory Article Source: http://EzineArticles.com/?expert=Patricia_Woloch

(Statistics from www.nhsla.com)

Establishing a legal case for anything, especially Clinical Negligence, can at times seem confusing. By breaking it down, it can seem less daunting. In order to understand the legal elements that are required for a successful Clinical Negligence claim, we can break the requirements down into four steps.

The Legal Elements Required:

1. There was a duty of care owed to you
2. There was a breach of that duty (negligence)
3. This breach caused the injury you suffered
4. This resulted in a loss or injury

1. Duty of care

Establishing there is a duty of care is usually straightforward in clinical negligence cases, because where a doctor is treating a patient, a duty will arise.

2. Breech of Duty

In clinical negligence cases, in order to show a medical practitioner has breached his or her duty of care, it is necessary to demonstrate the care provided fell below the minimum standard of any reasonable body of other medical practitioners practising in the same field of expertise. This test is called “The Bolam Test” after the case of Bolam v Friern Hospital Management Committee [1957].

In this case it was established that

“a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art…. Putting it the other way round, a doctor is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion which takes a contrary view.”

This means that if a medical practitioner can show she acted in a manner, which a responsible body of medical opinion would deem to be correct, then a defence will be established. There is often more than one way to treat a particular condition and it is not enough to show a different practitioner would have treated the patient differently.

This principle was developed further in the case of Bolitho v City and Hackney Health Authority [1997]. This case established that any responsible body of medical opinion must stand up to logical analysis. Therefore medical practitioners must follow a body of opinion, which is responsible, reasonable and stands up to logical analysis.

Evidence is obtained from an independent medical expert witness for the Court to determine whether the particular treatment used would be supported by a responsible body of medical opinion.

3. Causation

The Claimant must show the negligent treatment caused the injury in question and that if the correct treatment had been received the injury would not have been suffered. This must be established on the balance of probabilities i.e. it is more probable than not (51%. 49% would not be sufficient) that if the correct treatment were provided, the injury would not have been suffered.

Again, evidence from an independent medical expert witness is obtained to prove causation.

In the case of Bolitho mentioned above, a two-year-old boy was admitted to the defendant’s hospital suffering from respiratory problems. The following day he suffered two short episodes of further respiratory problems. On each occasion a doctor was called but did not attend. Following the first episode, the child recovered. Following the second, the child appeared to recover but half an hour later collapsed due to a failure of his respiratory system and suffered a cardiac arrest. As a result of which he suffered severe brain damage, and subsequently, after proceedings were issued, died. It was agreed the cardiac arrest would have been prevented if after the respiratory problem the child had been intubated. The defendant admitted failure to attend was a breach of duty, but argued that even if the doctor had attended, she would not have arranged for the child to be intubated, and therefore the breach of duty did not cause the injury. The Claimant argued that in such a hypothetical situation a failure to intubate would have been negligent. The Judge in this case heard expert evidence on behalf of the Defendant, which stated it would not have been appropriate to intubate. The Court thus held a decision that not to intubate would have been in accordance with a reasonable and responsible body of medical opinion, and therefore the Claimant had failed to prove the breach of duty had caused the injury.

4. Loss or Injury

Once a duty of care has been established, that there was a breach of that duty, and that this caused injury or loss, then compensation may be recoverable.

A Claimant can claim compensation for pain, suffering and loss of amenity, sometimes referred to as “general damages”. In addition, a Claimant can claim reasonable out-of-pocket expenses incurred as a result of the negligently caused injury. These are sometimes referred to as “special damages”.

A Claimant can claim for past and future expenses and this is presented in the form of a Schedule. It is for you, the Claimant, to firstly prove the loss of expenses incurred, and secondly, that the loss of expense was caused by the negligently caused injury as opposed to unrelated factors. The first issue is generally a matter of documentary evidence, receipts to prove the cost of the items purchased. The second issue is generally a matter for medical evidence and we rely upon the medical experts to confirm that the loss or expense was reasonable, and caused by the negligently caused injury rather than by unrelated factors.

Here are some examples of the types of losses you may be able to recover:

* Loss of earnings, past and future
* Medical treatment costs, past and future
* Aides and equipment
* Travel expenses and prescription charges
* Care and assistance provided professionally, or by family or friends

Anne Dickinson is a qualified solicitor at Ascot Lawyers specializing in personal injury and clinical negligence She has over 6 years experience dealing with all types of claim including road traffic accidents, accidents at work, accidents in a public place, product liability and medical negligence claims. She is a member of APIL.

Article Source: http://EzineArticles.com/?expert=Anne_Dickinson

Even the smallest and cutest ball of fur can bite if it feels threatened, for some dogs it only takes a person to come near their bone, their puppies or something else that they prize and protect.

While the dog bites that are most heard of are ones that are by dogs that have been deemed dangerous, but the truth is the ones that are not heard of by breeds that are often considered friendly canines are just as prevalent.

That friendly little poodle can be just as vicious when protecting its toy or bone and cause severe damage and many times these less vicious breeds will go for the face because that may be the closest thing when someone is reaching to pet them because you must bend down.

It is these kind of dog bite attacks that can be not only a surprise because of the size of the dog but also because it may be a pet that a neighbor or a friend owns, this of course does not make the pain or the bite any less severe. Although it may make trying to have medical bills paid for and other related costs covered.

When this happens it is a wise choice to contact a experienced dog bite attack attorney, this attorney not only will know the laws but they also understand the tact that it takes to deal with this kind of a case, so that the client will feel comfortable and so that the pet owner understands that ultimately it is their responsibility to pay for what damages their pet does.

The kinds of wounds that can be suffered are facial wounds, wounds to the head and ears, puncture wounds in the hands, arms and legs with these smaller breeds. One thing that is for certain the smaller bread of dog is more than capable of biting and they are often quicker to do so as they are higher strung than other breeds.

Dog bites happen every day-is today your day? The occur in Woodland Hills, Redondo Beach, Marina del Rey, Santa Monica, or Venice Beach, and when you have suffered a dog bite attack whether large or small, then you need the assistance of a dog bite attack attorney who will be with you from the first step to the last step to help you recover the amount that you deserve. These experienced personal injury attorneys and dog bite attack attorneys can be found in Orange County cities and are often known as Newport Beach dog bite attorneys. Not just dog bite lawyers in Los Angeles. And you can always rest assured a member of the California State Bar will be fighting hard for you in your OC or Los Angeles injury lawsuits.

Article Source: http://EzineArticles.com/?expert=Michael_Ehline

First, you should always have a first aid kit in your car. It comes handy in case of any injury cause due to any car accident or other accidents that might occur while travelling. Second, you should always keep the phone number of a local police station and a car wreck lawyer handy. They would be especially useful if you are not sure what to do if you’ve been injured in a car wreck.

The next step is to consult a lawyer who may file a case in the court of law on your behalf. But how do you locate such a lawyer and second, what hope is there for you? Before you decide to go to the court of the law, you must understand that no accident is too small. Your body is yours and no one has the right to take away your physical vitality or strength away from you, even if it’s in the form of just a concussion. Therefore, you must seek immediate legal help and claim compensation for the injury and loss of time you may have suffered.

Whenever you have an auto accident, make sure to note the registration number of the car, the make and the model, and if possible any distinguishing factors of the car like a dent etc. All this is especially useful when locating or identifying the offender.

There are several types of injuries that can be caused by an auto accident. Somebody might suffer a neck injury like a whiplash or somebody may be left with broken bones or limbs, or somebody may suffer a devastating spinal cord injury. There are specialized services and experts to consult for each type of car and auto accidents you may have been injured in. While there is a car wreck lawyer to fight for you to claim damages for your car, there are lawyers who specialize in fighting cases for people who got a broken neck or spine due to a car accident. When selecting your lawyer, you should always take care of certain things like the background of the lawyer, the success he or she has had with similar cases in the past.

All things said and done, you must also be aware of your rights as a citizen and must be aware of the state laws governing car accidents. You may be up against an automotive company with millions of dollars in cash on hand. You do not have to know everything, but a lawyer might be able to help you level the playing field.

If you have been in a car accident and need a wichita accident attorney, or just would like to know more of your rights as a victim of a car accident, then feel free to visit wichita car accident attorney.

We have over 100 years of combined experience representing seriously injured plaintiffs. We specialize in personal injury cases in Wichita.

Article Source: http://EzineArticles.com/?expert=Remy_Na

Listen to politicians, government officials and the like and you will soon hear about the rule of law. This is a broad phrase, but carries a common theme. There are certain public policies that are in the interest of society and thus promoted in the individual laws.

These policies are often codified as a “duty” to do something. When driving a car, you have a duty to drive prudently and obey the laws of the road. If you sign a contract, you have a duty to live up to the terms of that agreement. If you are a doctor providing medical services, you have a duty to perform those services at a certain minimum level of competency.

Negligence is the violation of a general, catch-all duty that is applied to every day situations that fall through the cracks of other laws. The duty is essentially to act as a reasonable person would do so in the particular situation. The determination of whether you did that is made by a jury.

Negligence is a claim made under civil law. Put another way, it is not criminal situation where the result is a person going to jail if they lose the lawsuit. There is an exception to this, but it is rare as to not be worth mentioning. Regardless, a negligence claim is usually made with monetary damages in mind.

Let’s assume you are in a car accident. You sue the other driver for driving negligently. A jury determines the other driver was speeding and had been drinking. They find the driver breached his duty to drive as a reasonable person would and award you money to cover your car repairs, medical bills as well as pain and suffering. That is negligence in a nut shell.

Aazdak Alisimo writes articles full of personal injury information for PersonalInjuryLawyerNet.com where you can find a personal injury lawyer near you.

Article Source: http://EzineArticles.com/?expert=Aazdak_Alisimo

As much as the legal profession denies it, law is an old boys network. The more experienced an attorney, the better. Ask how long the attorney has been practicing, how many trials they have had and how many they have won versus lost?

Obviously, providing quality services is also important. Make sure to ask the attorney if they have ever had a complaint lodged against them by a client. Also ask if they have ever been disciplined by the bar. The “bar” is the licensing entity in each state. Most have an online site that you can use to read up on your attorney.

Specificity is also important when choosing an attorney. It is great and all that the prospective attorney has done hundreds of trials, but has he or she tried a case covering the same subject matter as yours? Trying 100 car accident cases doesn’t help a lawyer prepare for their first medical malpractice trial.

Not to be negative, but ask about malpractice insurance. People are often surprised to learn that attorneys in most states are not required to carry it. They are also not required to tell you most of the time. Ask for a clarification up front and an explanation if they are not carrying it.

As odd as it may sound, you need to also ask who is going to be working on your case. Many lawyers hire a small army of paralegals. Paralegals can do a lot of work, but they are not attorneys. Many people have been frustrated by law firms when they realize there case is essentially being handled by a paralegal instead of a lawyer.

Finally, make sure you are comfortable with your attorney. Remember, they work for you, not the other way around.

Aazdak Alisimo writes articles full of personal injury information for PersonalInjuryLawyerNet.com where you can find a personal injury lawyer near you.

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* Asking for a medical bill each time you see a doctor or facility – EVEN if your insurance is paying for it;
* Save all prescription bills and bottles. Sometimes a pile of pill bottles in front of a jury works better than words in describing your ordeal ;
* Keep a separate chart/list with dates, amounts of medical bills, and purchases of medication or equipment. This amount may be greater than just medical bills because you could be buying such things as heating pads, sleeping aids, supportive devices, etc. Your lawyer may use this list to show the other side or the jury how much trouble you have in dealing with your injuries.

Even though your attorney will obtain copies of your medical bills and records directly from the medical facilities, your documents will provide a crucial double-check process that assures your claim is settled for maximum value. Your attorney cannot demand compensation for bills he does not know about. Attorneys will tell you that all to frequently a facility will only send them a portion of your bills because they may have switched outsourcing billing agencies for example.

Another critical task that you, as the client are responsible for is organizing and documenting how your life was affected by the accident. You want to do the following:

* Keep any written statements you made or someone else gave, whether to the police, a doctor, or an insurance investigator. If you do not have copies of these statements, at least make a note of you remembering or seeing a statement given.
* Keep all letters to/from insurance adjusters, including emails, and any business cards that anyone has handed you.
* Keep a journal/diary of how your life has been affected by the accident. List the things you cannot do now and things you can still do but with pain. Describe how your day is with pain or embarrassing incidents that happen because of your injuries. Keep each entry short and to the point. This helps your attorney to craft a compelling argument for your pain and suffering damages. If you do not write this stuff down as it happens, you will forget all the little things and will not be able to tell your attorney how your life was really affected.
* Keep all proof of your car’s property damage. This includes photographs, repair estimates, or repair bills. The damage to your car is usually very compelling evidence of how severe the accident was.
* Locate or obtain a copy of your insurance policy. Your attorney will want to review your policies policy to determine if you have additional insurance coverage available.

ABOUT THE AUTHOR: David Brauns is an experienced personal injury trial attorney practicing in Atlanta, Georgia. He began his career working for insurance companies with the intention of learning how they defended serious personal injury cases so that he could one day start his own law firm and oppose them. Unlike other personal injury lawyers, David only takes a select number of cases each year to ensure that he is strategically litigating each of his clients’ cases towards maximum value.

Visit http://www.braunslaw.com to learn more about your case and how to hire the right lawyer. David created a website focused on you, the potential client with lots of questions about your case, and not some brochure website that just talks about his firm. Read http://www.braunslaw.com now, before you retain a lawyer.

David promises you will learn something that improves either your case or your relationship with your attorney. Or, you can call David at (770) 783-1388.

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The Nursing Home Reform Act of 1987 was created in response to an alarming number of neglect and abuse charges that surfaced during the 1980’s. Congress passed the Act in conjunction with the Omnibus Budget Reconciliation Act (OBRA). This law protects residents’ rights to be fully informed of services and their charges and participate in their own care, both in receiving adequate and appropriate care and the ability to refuse that care if so desired. Residents also have the rights to privacy and confidentiality, to make independent choices, to have security in their own possessions, to complain, the ability to have visits, and a basic entitlement to dignity, respect, and freedom.

Abuse in nursing homes is usually easier to spot than neglect, simply because abuse normally has physical manifestations. Broken bones, cuts, scars, abrasions, and bed sores are all clues of abuse. Neglect is more subtle and difficult to spot. Potential examples of neglect include insufficient food, water, and bathing opportunities, failure to properly assist an elderly person who needs assistance eating, drinking, or bathing, and failure to supply adequate supplies such as soap or shampoo. If you suspect your loved one has been abused or neglected, it is recommended to speak with them to find out as much information as possible. Overall mood and cleanliness, as well as the general condition of the room and nursing home, should also be observed. Complaints should be filed at the state level as well as contacting the police department where the abuse occurred.

Neglect and abuse in nursing homes is a serious offense. The elderly depend on quality, assisted living when they cannot adequately care for themselves. If you are interested in learning more, this nursing home abuse website can provide more information.

Joseph Devine

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Determining Fault

Unlike many other personal injury cases, in which frequently only one individual or company is held responsible or liable for damages caused, product liability claims must often target a long chain of businesses. This is because any given product must pass through a multitude of manufacturers, distributors, and retailers before it comes into the hands of consumers. Any or all of these companies may have contributed, caused, or failed to warn about dangers or defects in the product. An accurate product liability claim must be able to trace this path of liability through many levels of the production process and determine who, if anyone, is directly and legally responsible for the plaintiff’s injuries.

Negligence vs. Strict Liability

A standard of negligence in product liability requires proof of three items – a) that a person or organization knew or should have known of a flaw or danger associated with a product, b) that the person or organization failed to repair or warn of the flaw or danger, and c) that the flaw or danger was the direct cause of the plaintiff’s injuries.

Proving negligence is often a highly complex and tedious process. However, the good news is that many product liability cases are based on the much simpler doctrine of strict liability. This doctrine holds that a manufacturer is liable for any and all injuries caused by its products, whether or not it was negligent in producing them.

Breach of Warranty

A warranty is a sort of assurance or guarantee that a product will perform as advertised. It can be an express warranty (that is, a standardized warranty documented in writing), or an implied warranty (one which could reasonably be thought to exist from the nature of a sale). Violation of these warranties by a product which does not work as intended may be grounds for a product liability suit.

To learn more about product liability, check out the resources provided at the website of the Chicago personal injury lawyers of Friedman & Bonebrake, P.C.: http://www.attorneyillinois.net

Joseph Devine
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Precautionary measures are provided by experts and medical practitioners to avoid getting bitten. However, when one gets dog bites, one should know his/her rights, especially when it comes to recovering damages.

If you or a family is bitten by a dog, you should:

… try to identify the dog. If the dog has rabies, it is important that you should seek medical care and get the appropriate vaccines against the rabies.

… not argue with the owner of the dog. Arguing won’t do any good, especially when the owner doesn’t want to believe what happened. Many owners believe in the goodness of their pets that’s why it’s hard for them to accept that their dog would bite without severe provocation.

… not sign any papers or make statements on record. The dog owner, property owner or their insurance company might try to get you to sign papers or record your statements on tape. Take note that their primary goal is to get you to make statements that will help in their cause to avoid possible liabilities for your injuries. If this happens, you should consider having a lawyer present to assist you.

… make a report to the police. Report the incident to the police and they will investigate the circumstances of the dog bite. They will then provide a report that may help establish the incident.

… seek medical care. The dog that bit you may have rabies. In that case, you will need appropriate vaccines to counter the effects of rabies. On the other hand, dog bites involve puncture wounds from fangs. These can be easily infected. Also, you may have scrapes and abrasions from protecting yourself during the attack. An infected wound can result in a worse scar, and even serious complications and consequences.

… consider consulting a lawyer. A reliable lawyer can help you get back your financial losses as well as the emotional and psychological effects from the injuries caused by the incident. Even if the insurance company offers to give you payment, it helps to have a lawyer review the proposed settlement. A lawyer you can trust can help you obtain a fair outcome.

The Law

Different laws on dog bite injuries are provided in different states. In Michigan, victims of dog bites can easily establish liability on the part of the owner. Under Michigan law, it doesn’t matter if the dog has never bitten another person. There is no “free bite rule”. Dog owners are liable even if it’s the first time that they’re dogs bit somebody.

On the other hand, people may also be injured even without getting bitten by a dog. An attack may cause injury through the dog’s claws, when the person was knock over, or when the driver of a bicycle was upset by a dog. If injured, these individuals may file claims, and recover damages from the dog’s owner.

Check your state’s law for information on dog bites.

Did you find this article useful? For more useful tips and hints, points to ponder and keep in mind, techniques, and insights pertaining to money, do please browse for more information at our websites.

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Sometimes medical professionals do not provide the appropriate treatment or they do not provide the sympathy that their patients deserve. Medical malpractice law states that all patients should be treated with respect and the appropriate treatment should be given as and when is needed. When things do not go as planned, that is when medical malpractice lawsuits are filed.

Understanding Medical Malpractice Lawsuits

If you have been unfairly treated or if your doctor has overlooked a simple problem, you can file medical malpractice lawsuits against them. Doctors train for years to be able to help people and members of the public rely upon them to do their job properly. A misdiagnoses can really affect a person’s life and in some cases it can even be fatal. That is why medical malpractice law exists. It is there to protect members of the public and to ensure that they receive the right treatment as and when it is needed. I

f you have suffered from a misdiagnoses then you will need to find a medical malpractice lawyer. There are many lawyers who specialize in medical malpractice law and finding one should not be a problem. However, finding a good one may take some time.

Ideally when you look for medical malpractice attorneys, you will need to look into their qualifications. You want somebody who is passionate about what they do and who will help you to get the compensation that you deserve. In some cases no amount of money can help you to get over the poor judgment made by medical professionals; however by filing medical malpractice lawsuits, you can help to ensure that a wrong diagnosis is not given to other people in the future.

Try and make an appointment with a medical malpractice attorney wherever possible. This initial appointment gives you a chance to ask various questions in order to see if they are the best person to help you. Test their knowledge on medical malpractice law. Perhaps do a little research yourself beforehand so that you know whether they are telling you the truth. Of course you should book an appointment with more than one medical malpractice attorney if you are to get the best advice.

Overall the right medical malpractice lawyer will be able to help you to get justice for any wrongdoing you have been subjected to by a medical practitioner. Medical malpractice law is set up to protect you and there are hundreds of medical malpractice lawyers who are wiling to get you the help and the compensation that you deserve.

To learn more about Medical malpractice lawsuits, check out the Free Consumer Review Web Site.

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Most people believe that if the receive medical treatment and have a bad result, medical malpractice has occurred. This is, in fact, not the case. A bad result might mean malpractice occurred, but then again it might not. Doctors are not held to a standard wherein they have to provide a perfect result every time. Medicine and the human body just do not work that way.

So, what is the secret to understanding your medical malpractice case? It has to do with elements. To prevail in a lawsuit, you must prove certain elements in a case. Generally speaking, these elements are the standard of care, a breach of that standard, causation and damages. Keep in mind that every state has a slightly different version of this law, but this is the general standard for purposes of this article.

The standard of care is often a confusing issue of many. It simply means the minimum standard of care that is required of medical professionals in the community for the particular treatment in question. The standard is established through expert testimony in most cases.

The breach of the standard of care is pretty much what it sounds like. Having established the standard of care, did the defendant fail to meet it? This is again established through expert testimony.

Causation is vital element of the claim as well. If a doctor performs below the standard of care, it doesn’t matter unless it “causes” some damage. If the doctor performed a knee surgery below the standard of care, it doesn’t matter if you are claiming an elbow injury!

Damages are, of course, the final element that must be proved. This is usually done by showing bills related to further medical care. A more subjective claim for “pain and suffering” is usually made as well. Essentially, this is the point where monetary damages are suggested by the plaintiff and argued against by the defense.

If you have received medical treatment you have questions about, you should speak with a medical malpractice attorney in your area. They can give you the low down on the treatment you’ve received and the local standards that apply.

Aazdak Alisimo writes medical malpractice articles for MedicalMalpracticeAttorneyNet.com where you can find a medical malpractice attorney in your area.

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(Statistics from www.nhsla.com)

Establishing a legal case for anything, especially Clinical Negligence, can at times seem confusing. By breaking it down, it can seem less daunting. In order to understand the legal elements that are required for a successful Clinical Negligence claim, we can break the requirements down into four steps.

The Legal Elements Required:

1. There was a duty of care owed to you
2. There was a breach of that duty (negligence)
3. This breach caused the injury you suffered
4. This resulted in a loss or injury

1. Duty of care

Establishing there is a duty of care is usually straightforward in clinical negligence cases, because where a doctor is treating a patient, a duty will arise.

2. Breech of Duty

In clinical negligence cases, in order to show a medical practitioner has breached his or her duty of care, it is necessary to demonstrate the care provided fell below the minimum standard of any reasonable body of other medical practitioners practising in the same field of expertise. This test is called “The Bolam Test” after the case of Bolam v Friern Hospital Management Committee [1957].

In this case it was established that

“a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art…. Putting it the other way round, a doctor is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion which takes a contrary view.”

This means that if a medical practitioner can show she acted in a manner, which a responsible body of medical opinion would deem to be correct, then a defence will be established. There is often more than one way to treat a particular condition and it is not enough to show a different practitioner would have treated the patient differently.

This principle was developed further in the case of Bolitho v City and Hackney Health Authority [1997]. This case established that any responsible body of medical opinion must stand up to logical analysis. Therefore medical practitioners must follow a body of opinion, which is responsible, reasonable and stands up to logical analysis.

Evidence is obtained from an independent medical expert witness for the Court to determine whether the particular treatment used would be supported by a responsible body of medical opinion.

3. Causation

The Claimant must show the negligent treatment caused the injury in question and that if the correct treatment had been received the injury would not have been suffered. This must be established on the balance of probabilities i.e. it is more probable than not (51%. 49% would not be sufficient) that if the correct treatment were provided, the injury would not have been suffered.

Again, evidence from an independent medical expert witness is obtained to prove causation.

In the case of Bolitho mentioned above, a two-year-old boy was admitted to the defendant’s hospital suffering from respiratory problems. The following day he suffered two short episodes of further respiratory problems. On each occasion a doctor was called but did not attend. Following the first episode, the child recovered. Following the second, the child appeared to recover but half an hour later collapsed due to a failure of his respiratory system and suffered a cardiac arrest. As a result of which he suffered severe brain damage, and subsequently, after proceedings were issued, died. It was agreed the cardiac arrest would have been prevented if after the respiratory problem the child had been intubated. The defendant admitted failure to attend was a breach of duty, but argued that even if the doctor had attended, she would not have arranged for the child to be intubated, and therefore the breach of duty did not cause the injury. The Claimant argued that in such a hypothetical situation a failure to intubate would have been negligent. The Judge in this case heard expert evidence on behalf of the Defendant, which stated it would not have been appropriate to intubate. The Court thus held a decision that not to intubate would have been in accordance with a reasonable and responsible body of medical opinion, and therefore the Claimant had failed to prove the breach of duty had caused the injury.

4. Loss or Injury

Once a duty of care has been established, that there was a breach of that duty, and that this caused injury or loss, then compensation may be recoverable.

A Claimant can claim compensation for pain, suffering and loss of amenity, sometimes referred to as “general damages”. In addition, a Claimant can claim reasonable out-of-pocket expenses incurred as a result of the negligently caused injury. These are sometimes referred to as “special damages”.

A Claimant can claim for past and future expenses and this is presented in the form of a Schedule. It is for you, the Claimant, to firstly prove the loss of expenses incurred, and secondly, that the loss of expense was caused by the negligently caused injury as opposed to unrelated factors. The first issue is generally a matter of documentary evidence, receipts to prove the cost of the items purchased. The second issue is generally a matter for medical evidence and we rely upon the medical experts to confirm that the loss or expense was reasonable, and caused by the negligently caused injury rather than by unrelated factors.

Here are some examples of the types of losses you may be able to recover:

• Loss of earnings, past and future
• Medical treatment costs, past and future
• Aides and equipment
• Travel expenses and prescription charges
• Care and assistance provided professionally, or by family or friends

Anne Dickinson is a qualified solicitor at Ascot Lawyers Personal Injury, Clinical Negligence, Personal Injury Ascot Lawyers specializing in personal injury and Clinical Negligence at Ascot Lawyers clinical negligence

She has over 6 years experience dealing with all types of claim including road traffic accidents, accidents at work, accidents in a public place, product liability and medical negligence claims. She is a member of APIL.

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Medical malpractice refers to the failure of a healthcare provider to provide accepted standards of service. If the healthcare provider deviates in any respect from the norms of treating a patient, it is termed as medical malpractice. This failure or deviation is very dangerous for a patient as it can cause injury to him, or in extreme cases lead to the patient’s death. This means that medical practice is nothing but professional negligence on the part of the healthcare provider.

Just like in other lawsuits, even in medical malpractice lawsuits there is a plaintiff and defendant. The plaintiff will be the patient, while the defendant is the healthcare provider, who can be a doctor, physician, therapist or dentist. In case the malpractice led to the patient’s demise, the plaintiff’s role is assumed by an individual who is the administrator or executor of the deceased patient’s estate.

Even a hospital, clinic or medical center can be sued for medical malpractice. Depending on the gravity of the case, managed care organizations or medical corporations can be defendants too. Even nurses can be liable as previous cases have shown us that non-physicians cannot be protected for just following orders.

A medical malpractice lawsuit should prove that the medical treatment or care that was supposed to be given or undertaken by the healthcare provider was not done so. In addition, it must also be proven that the healthcare provider failed to perform his or her duties according to the prescribed standards. The case should further prove that the duties performed by the healthcare provider were breached. All this can be done by sworn testimony or proved results of obvious errors.

Medical malpractice cases are similar to tort cases. The plaintiff’s attorney first files the lawsuit. The time between the filing and the trial is then used for sharing information between the concerned parties. This period involves depositions, interrogations and requests for documents. If the two parties cannot come to a mutual understanding, the case then proceeds for trial.

In the trial, it is important to have expert witnesses who should have enough training, education and knowledge about the specific medical issue. It is only then they can qualify as experts witnesses. If the plaintiff wins the case, he can be awarded punitive as well as compensatory damages.

About Author: Pauline Go is an online leading expert in medical industry. She also offers top quality finance tips like:

Spot Fake Doctor Note, Find Medical Malpractice Lawyer, Find a Dentist

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Today, the circumstances are a little different. With the evolution of technology and scientific discovery, our knowledge of the human body and its processes are becoming increasingly accurate. We can determine what action to take in different situations in order to ensure the most profitable outcome. Despite these improvements, birth injuries still occur. These can be caused by a number of different things, ranging from inadequate medical care to natural pregnancy complications.

Some of the most common are as follows:

Abnormal position refers to the way the baby is positioned in the mother’s womb. While doctors can try to reposition the baby, the process can incur even more complications, like tangling the umbilical cord, which can eventually strangle the baby.

Large babies, those that way 8.5 pounds or more, can cause injury to the mother during birth. In some cases, the baby is too large for the birth canal, and in others, the baby can rip or tear flesh, forcing an operation to be done in order to retrieve the baby. This can also occur when the baby is too mature and has been in the womb for a several days beyond the expected delivery date.

Abnormal birthing presentation, the case in which the baby comes out the wrong way (buttocks or feet first), is also another cause of birth injury. In most instances, the doctor can detect or predict the likely outcome of this occurrence in order to prevent injury, but it’s not always the case.

These examples are only three of the possible causes of birth injury. More often than not, though, the fault isn’t on the mother’s genetic makeup, like her size or the nature of her labor. It is sometimes a result of malpractice, a doctor who is does not handle with care or who ignores vital signs that could prevent such injuries from occurring.

When this happens, it’s important to know that there are people who can help. If you or someone you know has been the victim of birth injury due to medical malpractice, consult this website for more information on how you can protect yourself: http://www.birth-injurylawyers.com/

Joseph Devine
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Any injury caused to a patient as a direct result of the neglect or incompetence on the doctor’s part is termed medical malpractice. Instances of medical malpractice are seen whenever a patient – without justification – suffers prolonged or increased suffering, either because of a delay in diagnosis or because of a faulty diagnosis or treatment. In serious cases, this can even lead to lifelong debility or death of the patient.

If you are a victim of medical malpractice, you have put up with preventable pain because of your doctor’s fault. You are thus entitled to claim compensation to make up for your suffering. Remember, however, that to be able to do so, you will have to prove that your doctor was at fault.

This is a four-step guide to help you file a winning medical malpractice claim:

Step 1: Determine whether the doctor was at fault. The only way to do this is to thoroughly research the information available on your specific medical condition. Remember, you are dealing with a subject that your doctor knows more about than you do. To prove that he is guilty you will need to:

• Speak to specialists

• Refer to medical literature

• Talk to other patients with a similar condition

Step 2: Find out if you have a valid claim. This is not necessarily the same as the above. For a claim to be valid, you should have suffered a reasonable amount of distress. What’s more, you should be in a position to prove that your distress was caused due to your doctor’s mistake. An inconsequential delay, for instance, that caused you slight inconvenience, will not constitute a valid claim.

Step 3: Collect incriminating evidence. In a medical malpractice case, evidence will generally consist of your medical reports along with records of all the treatment prescribed by your doctor.

Step 4: Hire a lawyer. A competent lawyer will help you to handle complicated legal formalities and, if it comes to that, to fight your case in court.

Diana Joseph has an in-depth knowledge in dealing with in injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.

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Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?

Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?

Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?

What do you think of a doctor who takes cash for a procedure, does a “half-baked” job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with “sub-standard” treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?

What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.

Maybe this one will catch your attention:

A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman’s. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.

Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery–something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.

What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.

What common recurring theme is found in each of these cases?

Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above

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://www.medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Victims of medical malpractice who are injured for life, such as those who are maimed, have an obvious reason to file a lawsuit. These people already know that since they have suffered from medical malpractice they should find a local malpractice attorney office to claim their due. After all, these victims are very likely either working two jobs to pay off their mounting medical bills that bad doctor caused them, or they are too injured to work. Many of these victims are at home in bed, in pain, and worried about how their bills are going to be paid.

Other victims of medical malpractice include the family and friends of the person who was killed due to a doctor’s negligence. These persons are left to pay the medical bills of their loved one, as well as pay costly funeral expenses to put the original victim to rest.

Many victims of medical malpractice suffer primarily mental or financial anguish. These people are the lucky victims we get to meet, and we believe they have been appointed to stand up for what the injured, the maimed, and the dead cannot: Fight against medical malpractice so that more lives are not ruined or lost.

Your medical malpractice lawsuit is a tool to help refocus American doctors on what’s important. Hit their pocket book and see that they think about their patients and not the golf ball. If you have a medical malpractice case on your hands, hand it to competent local medical malpractice attorneys who see the bigger picture.

Andre Zayas is a professionally syndicated author.

Attorneys

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Side Effects and Regulations

But there is a darker side to prescription meds. As new drugs are invented and new chemicals synthesized, people become increasingly dependent on substances which are, quite literally, foreign. Though chemicals in a given medicine may boost resistance to asthma attacks, they may also have other, unintended effects. Sometimes these side effects are revealed during laboratory trials to be nothing more than minor inconveniences; other times, severe side effects are not detected – or even covered up – until thousands of unsuspecting people have been hurt. Although the Food and Drug Administration (FDA) regulates the safety of pharmaceuticals, it is far from perfect; the recent Baxter heparin contamination scandal demonstrates this fact.

Pharmaceutical Error

Another concern with prescription meds is how targeted and specific they are. Because these drugs are often very potent, only patients with certain conditions can safely take them – and then only in carefully measured doses. Unfortunately, given the complexity of modern medicine and science, few laypeople know very much about their own prescriptions. We rely on doctors and pharmacists to provide us with the correct medicine, in the correct amounts, for the correct diagnosis. If errors happen at any time in the process, the effects could be disastrous.

Safety concerns do not stop there – recent criticism of the FDA’s drug labeling system has spurred the agency to propose a series of changes intended to make labels easier to read and understand, particularly for pregnant women. Of course, pregnant women are not the only ones at risk. Elderly patients, many of whom have trouble with their vision, are also at a high risk of making a deadly mistake. The similar appearance of many pills also contributes to the confusion; only an especially careful person would notice the difference.

Prescription medicine mix-ups are not confined to the home. In many cases, doctors and nurses in busy hospitals have been known to administer the wrong drugs to a patient. In others, a drug may be prescribed without taking into account a patient’s health conditions or drug allergies.

Protecting Yourself

Ultimately the best defense against taking the wrong drug is a healthy dose of caution. Never assume that each refill of your prescription has been filled correctly – check carefully to make sure the new batch of pills looks identical to the last batch. A number of online resources can help you make this comparison. Read labels thoroughly – especially if you are taking a prescription for the first time. While it may be tedious, you may be glad you did.

For more information on safety concerns with prescription medicines, visit http://www.habush.com for resources provided by the Milwaukee medical malpractice lawyers of Habush, Habush, & Rottier, S.C.

Joseph Devine
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Case Study

Leon Baker suffered a heart attack after his doctors administered the wrong drug during surgery. He filed a claim alleging medical negligence, which resulted in the award of £200,000 in cash. However, not all claims result in such hefty compensation amounts. In fact, the win rate for medical malpractice claims is much lower than that for road or workplace accidents. This is because in a majority of cases patients do not understand the complex procedures that are involved in filing such a claim.

Criticism

The Personal Injury Valuation Handbook estimates that one in five of medical negligence claims involve death. However, statistics do not reveal the real cost for the patient as well as his or her family. Medical negligence not only causes irreparable physical damage to the patient but also leaves permanent mental scars. Moreover, the process of filing a claim is time-consuming and complex. Yet, some argue against the same laws that protect against faulty treatment. Here are some of the arguments:

• “Medical malpractice laws increase litigation and encourage fraudulent claims.” Not true. Research shows that the risk of fraud is minimal though not zero. The real problem, according to Tom Barker, author of The Medical Malpractice Myth, is too much medical malpractice. In fact, research has shown that a majority of such cases go unreported. Laws are necessary to safeguard the interests of the patient and make medical professionals responsible for their actions.

• “Some medical operations come with known risks for which doctors cannot be held guilty.” AND “It is not always possible to determine if the patient has adequately followed the doctor’s instructions.”

These arguments arise from a misunderstanding of the law. Medical malpractice works on the principle of causation, which means that it is not enough to say that the treatment was substandard or that it did not work. Patients also have to prove a cause-effect relationship between the medical professional’s poor performance and an undesirable result. This involves the role of an “expert witness” who provides expert medical testimony. The final judgement depends on whether the doctor did something inappropriate that most people in the medical profession would not have done.

Should I File a Claim?

Often, patients are unsure about filing a claim for compensation, as it is difficult to determine if something has gone wrong BECAUSE of poor treatment. If you feel that faulty treatment or misdiagnosis is to blame for your poor health, speak to another medical professional immediately.

If there is some evidence of medical malpractice, then contact a solicitor immediately, as all claims usually have a time limit ranging from one to four years. A qualified solicitor with relevant experience is the best person to guide you through the process of filing a claim.

Diana Joseph has an in-depth knowledge in dealing with injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.

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Nursing Home Abuse Warning Signs

The obvious signs of Nursing Home Abuse are injuries that you can actually see. For example, if your loved one is constantly developing new cuts, scratches and bruises it is possible that they are a victim of Nursing Home Abuse. If you notice the consistent appearance of physical injuries, it is important to investigate the issue immediately. Ask your loved one if everything is alright and if they are being mistreated. Many times, the resident may not want to discuss their injuries, so you must then follow up with the supervisor, attending doctor as well as analyze the residents charts. Once you have investigated the injuries, it is time for you to decide whether you need to take the appropriate steps to ensure the safety of your loved one and report the abuse to the proper authorities.

Nursing Home Neglect Warning Signs

Nursing Home Neglect is more difficult to diagnose, as the physical signs are not as obvious as the signs of physical abuse. Signs of such neglect are bad hygiene, weight loss, dirty facilities (bathroom, dirty sheets, dirty underwear) and bed sores. All of the above warning signs could be due to non-neglect issues, but should be thoroughly investigated at the time of their discovery. Many elder care residents rely on the nursing home to ensure they are staying hydrated (plenty of water), fed with a well balanced diet, bathed and exercised. The above warning signs could be a sign that the nursing home may be neglecting their responsibility to take care of your loved one. Much like the appropriate action steps required of you in potential physical abuse situations, in a potential neglect situation you need to investigate all avenues while ensuring the safety of your loved one.

First and foremost, if you feel your loved one is being abused or neglected in a nursing home, you need to ensure their safety. After your investigation of the abuse with the elder care facility administrator and attending doctor you should tell the patients primary care physician about your suspicion of abuse as well as your family and report the abuse to Police. Elder abuse is a crime with both criminal and civil penalties. Your next step is to protect your rights by contacting a qualified nursing home abuse attorney. A nursing abuse attorney will have experience handling these types of cases and will know what to look for to aid your civil case against the facility. There are a lot of factors that go into this type of lawsuit and it is not a battle that can be fought effectively without proper representation.

For more information regarding this topic, contact the Oklahoma Law Firm of Atkins & Markoff.

If you have a legal question for an Oklahoma City Personal Injury Lawyer regarding your rights, give Atkins & Markoff a call; if they can’t help you with your problem, they’ll find someone who can. This article, which is not meant to be legal advice, may be republished providing all of the resource links remain intact.

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In fact, for every child who drowns, four more survive but with serious injuries that require hospitalization. Boys are four times more likely to be injured in this manner than girls. According to the CDC’s website, above, there are five main risk factors: (1) Lack of barriers and supervision; (2) Age; (3) Lack of safety equipment; (4) Alcohol use; and (5) Seizure disorders.

The lack of barriers and supervision is especially important regarding drowning deaths and injuries for children aged 1-4. According to the CDC, most of the children killed or injured in residential swimming pools were last seen by their parents within about 5 minutes of the traumatic, sometimes fatal injury.

A simple barrier to the pool such as a fence with a working gate can prevent such a tragedy from occurring to a young child. Most localities have requlations requiring the use of barriers around pools. For example, in Las Vegas, NV, a Clark County ordinance mandates that homeowners and landlords secure their property’s pool with barriers to prevent children from gaining access.

It is important that landowners ensure the barriers are maintained properly. A fence is worthless if the gate is broken. Criminal and civil liability can be imposed on the responsible adults when a pool is not secured as mandated by local laws.

For example, in a Las Vegas personal injury claim brought by an attorney I work with, a settlement of $5,750,000 was reached with the landlord’s insurer regarding a child who suffered brain damage (Nevada District Court Case # 96-A-365064-C). There was a fence around the pool in that case, but the gate was malfunctioning.

In conclusion, please place a fence around your pool as it may save an innocent child from death or serious injury. Make sure that your fence and its gate are maintained in good working order. If you are parent, don’t forget that most child drowning victims were last seen within about 5 minutes of the tragedy.

By the way – According to the CDC, for children over 15 and adults, drownings and serious injury are more common in natural bodies of water such as lakes. 90% of these drowning victims were not wearing life jackets. Alcohol use was a factor in half of such incidents, according to the CDC. If you go out boating, please wear a life jacket and remember that alcohol and boating don’t mix.

This article was written by Daniel J. Reed, Esq., for more information, please visit this website: http://www.swimmingpoollawyer.com

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Listed below are several types of damages that can be recovered by filing a lawsuit against manufacturers and companies who have caused your injuries.

Compensatory Damages

Defective defibrillators cause medical bills to rapidly increase as the owner of the defibrillator is forced to seek medical attention to treat any injuries that they are subjected to while using the defective product. Compensatory damages help the wrongfully injured to recover the money that may have been lost due to medical bills or other bills associated with the injury. Lost wages and loss of potential earnings are also taken into consideration when compensatory damages are totaled by a judge.

Pain and Suffering

While it seems impossible to put a price on the pain and suffering that you have had to endure while using the defective defibrillator, the amount of compensation that you receive for your pain and suffering will be totaled based on an estimate of how much money it would require to return you to the health that you were in before you became a victim of a defective product. Society dictates that you receive the amount of compensation needed to return you to your “whole” self.

Loss of Companionship

If you have lost a loved one due to a defective defibrillator, you are entitled to be compensated for loss of companionship. While there is no monetary compensation amount high enough to make up for the death of your loved one, society dictates that you be compensated for this loss. The legal community refers to loss of companionship as ‘consortium.’ which refers to the loss of the ability to maintain an intimate relationship on any level with your spouse or family member.

If you or a loved one has suffered due to a defective defibrillator, contact an attorney immediately to discuss your legal options. An experienced attorney can guide you through the complicated legal process and provide you the legal representation needed to properly protect your rights. Large manufacturers, much like Medtronic, have seemingly endless resources to defend themselves in lawsuits, so it is in your best interest to partner with a lawyer who has the experience and knowledge to aggressively fight for the compensation you deserve.

Contact a Medtronic lawyer today to begin the fight to protect your rights.

Joseph Devine

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Different types of paralysis exist. Paraplegia, quadriplegia, and tetraplegia describe the extent of injuries. In paraplegia, functioning of the lower extremities, such as the legs and feet, is damaged. The ability to walk or run is usually lost. Quadriplegia, also known as tetraplegia, describes impairment affecting all four limbs, although this effect does not imply a complete loss of utility or sensation. Like paraplegics, quadriplegics are unable to walk or run, and often have additional complications including sexual functioning, bowel control, digestion, and torso movement problems.

Paralysis is a serious medical condition that has negative effects extending outside of restricted mobility. Muscle atrophy from discontinued use, low blood pressure, difficulty breathing, sensation loss, and a shortened life expectancy are all complications related to paralysis. As one could imagine, the associated medical costs of caring for a person who has major spinal damage are enormous. Round-the-clock medical care and assistance from doctors and nurses is often necessary. In extreme cases where the patient has trouble breathing as a result of their injury, ventilator use might be required for the remainder of their life.

If paralysis resulted from someone else’s negligent actions, a legal right exists for the injured to pursue damages through a lawsuit. Damages which are available for recovery include medical costs, lost wages, and other compensation, such as pain, suffering, and mental anguish. Over a decade ago, the annual medical costs for a quadriplegic totaled about $1 million. This high cost of medical attention should not be paid by the person who suffered the injury, which just adds a fiscal burden to already negatively affected health and prognosis for the patient.

If you are interested in learning more about this serious catastrophic injury, this paralysis website can provide more helpful information.

Joseph Devine

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It is the responsibility of your employer to ensure that the workplace is safe and free from hazards. It is also the responsibility of your employer to ensure that employees have received the correct amount of training; however as an employee if you feel that you haven’t received sufficient training for the job that you are doing or if any of the equipment that you are using is faulty/worn you must report it to your employer straight away so that the necessary action can be taken to improve the safety of the workplace.

If the worst does happen and an accident does happen in the workplace then your employer has a legal obligation to report certain accidents and incidents. Your employer must report serious work-related accidents, diseases and dangerous incidents to the Incident Contact Centre of the Health and Safety Executive (HSE), or in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI).

It is essential that your employer reports the following:

• Death

• Major injuries (for example, a broken arm or ribs)

• Dangerous incidents (for example, the collapse of scaffolding, people overcome by gas)

• Any other injury that stops an employee from doing their normal work for more than three days

• Disease

As well as reporting any serious accidents or incidents you employer must also provide the company with an accident book, which is required by law if a business has more than ten employees. If however there is no accident book and no one has made a note of the incident then it is important that you advise your employer to put what happened into writing, detailing the full circumstances of the accident and the injuries that were sustained.

In order to reduce the amount of accidents that are caused due to incorrect safety procedures it is important that all employers are provided with the correct safety wear such as goggles, hard hats, ear defenders, dust masks, safety gloves, safety boots or high-visibility jackets as well as being shown how to lift heavy objects in a safe way.

If you have had an accident at work it is important that you get any injuries checked by a health professional and that you record details of your injuries to your employer.

Helen is the web master of Accident Consult, specialists in all aspects of Workplace Accidents.

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