1. BECOME INFORMED

There’s a commercial for a mens clothing store in New York that says “An informed consumer is our best customer.” This is true for people who have potential medical malpractice and injury cases. From the moment the phone rings until we’ve finished their case, the most important aspect of my job is to inform you, the client, whether you have the basis to bring a lawsuit, what your chances for obtaining money are, and to give you the best legal advice possible.

Without good legal advice, your ability to make informed choices are limited. That’s why you need as much information as possible, and as soon as possible. You don’t want to be told that the time to bring your lawsuit has lapsed, which leads me to the next topic:

2. LEARN WHAT YOUR TIME LIMIT IS TO START A LAWSUIT

You must know how much time you have to bring a claim and/or a lawsuit. There are many different time limits in New York, depending on the type of case you have. In a car accident case you generally have three years from the date of the accident in which to start a lawsuit. However, you only have 30 days to file a claim with your insurance company if you want them to pay for your medical bills.

There are many different exceptions to the time limits in New York. For example, if you were treated in a City Hospital such as Coney Island Hospital or Jacobi Hospital and you feel a doctor or nurse treated you improperly that resulted in injury, you’d have only 90 days to file a claim against them. Then you’d have only one year and 90 days from the date of the malpractice within which to start a lawsuit. BUT WAIT! You can’t start your lawsuit until after you’ve filed a claim against the agency that ‘owns’ the hospital. See…it gets complicated. That’s why it’s so important to learn about the time limits you have. YOU MUST BECOME FULL INFORMED.

If you wait too long to seek legal advice, you might not be able to start a lawsuit because your time has lapsed. Find out now, then make your decision about whether you want to proceed with a lawsuit.

3. MEET WITH THE ATTORNEY TO SEE IF YOU’RE COMFORTABLE WITH HIM OR HER

Not every attorney will fit every client. It’s like a first date. Some people you’ll feel comfortable with, and others you won’t. You won’t know until you actually meet with the lawyer. Look at the surroundings. Look at how organized the lawyer is. Is the lawyer a professional. Does he or she appear confident in their abilities? Is the lawyer explaining and answering your questions, or is he or she trying to sell you on how wonderful he is? Use your common sense when deciding whether this lawyer is for you.

If you’re unsure, tell the lawyer honestly that you’re not sure whether you’re going to choose him, and need to speak to other attorneys before you make a decision. Being open and honest with your lawyer is extremely important. Most lawyers will understand your reluctance to immediately sign up. Some will pressure you to sign a retainer before you leave the office. Remember, this is YOUR CASE. You must feel right with whichever lawyer you choose.

4. EVALUATE THE LAW FIRM

Does the lawyer have support staff to handle any questions or issues if your lawyer is busy? Does he have partners? Is he a solo practitioner, or is this a large law firm? Is the lawyer you meet with the one who will be with you every step of the way? Or will your case be assigned to different lawyers as it makes its’ way through the legal system?

If you have questions about the status of your case will the lawyer you meet with call you back, or will you get a call from some paralegal you’ve never met before? When you call the office will you have to give them a file number for them to know who you are and what’s going on with your case, or will the attorney have these facts at his fingertips?

Answers to these questions will help you decide if this lawyer and this law firm are the right match for you.

5. DOES THE LAWYER HAVE FREE INFORMATION FOR YOU BEFORE YOU EVER WALK IN THE DOOR?

Before going to meet the lawyer, can you get information about lawsuits and his experience from any written materials like a brochure or his law firm website? Look to see what information they provide. Is the lawyer hesitant to talk to you on the phone? Are there any pamphlets or booklets the lawyer has written that he sends to prospective clients to give them information about their type of case?

Remember, becoming informed is the key to understanding your legal rights.

6. ELIMINATE SURPRISES- ASK ABOUT FEES

Most lawyers who handle medical malpractice and injury cases in New York do not charge any fee to meet with them or to investigate your case. If an attorney accepts your case, they will have you sign a retainer agreement which sets out in detail the terms of the fee arrangement. In injury cases, typically the attorney will receive 1/3 of the net fee (after expenses and disbursements have been re-paid). In a medical malpractice case, the lawyer will get a fee that is much less, and works on a sliding scale- as the client’s share goes up, the lawyer’s fee drops.

7. ASK ABOUT EXPERIENCE

In most medical malpractice cases, a lawyer’s experience is the key to getting not just fair compensation but just compensation. You must ask not only how long the attorney has been in practice, but how long they’ve handled cases like yours, and whether they have handled cases similar to yours. Obviously past experience does not guarantee a future result. However, with past similar cases the attorney has the ability to properly advise you about what needs to be done to try and achieve the best result possible.

8. ASK ABOUT PREVIOUS CASES SIMILAR TO YOURS

(See #7 above)

What if your attorney has never handled a case like yours? Well- you can still stick with this attorney. I’m sure he can learn everything he needs to handle your type of case. But remember this- This is the only time you’ll be able to bring a lawsuit for your injuries. Don’t you think you might be better off with an attorney who has handled these types of cases for years and years? The choice, as always is yours. Make your decision after carefully thinking about the risks and benefits of choosing one lawyer over another.

9. ASK ANY ATTORNEY YOU MEET, WHO HE WOULD USE IF HE NEEDED A MEDICAL MALPRACTICE LAWYER

If the lawyer you meet with is confident of his or her abilities, they should have no problem recommending another attorney for you to get another opinion. However, if they are hesitant, or refuse to give you another name of an attorney to consult with, I would personally questions why not? Obviously, they don’t want to lose you as a prospective client. However, I have found that lawyers are totally upfront with clients and give them the information they ask for, more likely than not, the client will return to their office and ask them to be their lawyer.

10. YOU HAVE NO OBLIGATION WHEN YOU CALL AN ATTORNEY FOR INFORMATION IN NEW YORK.

Just because you meet with an attorney, without paying any fee, does not obligate you to sign up with or stay with that attorney. We hear so often in attorney advertising “There’s no obligation!” What this means is that you have a choice. If you like the attorney and are confident of their abilities, great! If you don’t, say “thank you for your time,” and move on to the next attorney. You are under no obligation to stay.

He helps navigate the murky waters that can trap an unknowing victim into muck and mire.

When a person slips and falls, causing injury, your lawyer needs to find out why you slipped.

Was there a defect on the property that should have been corrected? Was it simply that you didn’t see where you were walking? Was the staircase not up to code so as to make it dangerous? These are the questions your lawyer will need to examine.

Products causing injury

This is known as product liability. Let’s say you opened a bottle of soda and the cap exploded off the bottle and into your eye causing permanent damage. Is the bottling company to blame? Possibly. How about a miter saw that is supposed to have a guard to protect your fingers as you slide the wood into the cutting blade? What about a car that permits you to move the gear into reverse without first putting your foot on the brake? (This is called a gear interlock to prevent kids from playing with the gear lever. It’s happened where they slip the gears into reverse and the car starts to move causing injury).

Evaluation of a product that is commonly used or bought can be very technical. Many times we need to hire engineers to evaluate a product to see whether it was designed properly and was properly placed into the marketplace.

Medical Malpractice

Malpractice is a departure from good and accepted medical care causing injury. As with anyone, doctors are held accountable for their actions, as we all are. In order to confirm evidence of wrongdoing we need to have medical experts review your records before being able to start a lawsuit for your injuries. Most cases that I see in my office do not meet the strict criteria for being able to start a case. Of those we accept, some will go to trial and others will be settled before trial.

Malpractice cases are one of the most hotly contested areas of law today. The defense attorneys we often encounter are extremely well educated and trained at defending these lawsuits.

Car accidents

We all know what terrible reputations lawyers get from all those tacky advertisements showing damaged cars and clients in wheelchairs holding up poster-sized checks with lots of zeros after some number.

But the fact is that there are accidents and very serious injuries that result from these horrible events. Lives are shattered from a moment of carelessness. Just look around at how many people still talk on their cell phone while driving even though it’s against the law!

Most people aren’t interested in these informative newsletters because luckily, a tragedy hasn’t befallen them. That’s ok. We hope that it never does. The purpose of this newsletter is to give my readers an understanding of what we as lawyers do, and how we can help if the need ever arises. You’ll find that I like to inform my readers about their options before they ever need a lawyer, and before they ever step foot into a lawyer’s office. How many other lawyers do you know who do that?

In an accident case, I look to see how the accident happened. Where were you driving? What were the road conditions? Was your car in good mechanical condition? Was someone speeding? Did someone turn where they shouldn’t have been turning? Was horseplay involved? (Think back to when a turkey was thrown from a moving car causing terrible damage to the woman driving behind them).

While going about our daily lives we shouldn’t have to worry ourselves about getting injured. Common sense should dictate what good conduct is and what is not. Unfortunately, there are many people out there who are simply careless about how they do their daily activities. Haven’t we all seen people reading the newspaper while stuck in traffic- and they’re driving! How about applying makeup on the way to work, and driving at the same time?

Imagine this scenario…

A woman is late for work.

She’s in her car and traffic is crawling. She’s putting on lipstick and looking in the rearview mirror to see if it’s on correctly. At the same time her cell phone rings, and while answering it, she decides to light her cigarette. Unfortunately for her, the car lighter drops to her feet and now she’s got her lipstick in one hand, the cell phone in the other, a cigarette dangling in her lips, and she’s supposed to be paying attention to the road.

Can’t you just hear the accident in your head, and visualize the crushing of metal, as her eyes are on the floor looking for the lighter? Believe me, there are plenty of cases like this one that have caused other people injury.

Imagine if people were never careless! There would be no accidents, no need for insurance, and there’d be no personal injury lawsuits. Unfortunately, we are not perfect and accidents do happen.

But how then do you determine whether the accident was something that couldn’t be avoided or was the result of lack of attention? We must conduct a thorough and detailed investigation.

Remember, when an injured victim comes to us, they’re telling us what happened to them from their point of view. We have to investigate and make sure that all other points of view (witnesses) can confirm what we’ve been told. When we do that, we build your case and can then support the facts that led to your injury.

Dog Bites

Did you know that certain types of dogs are more prone to bite someone than others? Let’s look at the pit bull for example. Just because a pit bull bites someone, as opposed to a tiny Chihuahua, does that mean the owner of the dog will be held responsible? The answer depends on many factors.

If the dog has never had any prior vicious tendencies and has never bitten anyone before, how then can his owner be responsible for this biting episode? One could argue that all pit bulls in general, are inherently violent. Not a bad argument to make, but not a totally accurate one either. What if you learned that before biting, the dog was tormented and teased repeatedly by a guest? Would that change things? Sure it would.

Injustice, humiliation and psychological injuries

We can all tell when an injustice happens-

Someone is pulled over because the color of his skin is different from those living in the neighborhood.

Someone is denied entry to a club because their religious beliefs are different than those who run the club.

Someone is denied service at a restaurant because of the way they dress or the accent of their voice. How about a woman who was denied a partnership because she was pregnant? What about the indignity of a high school football player who was sexually abused while away at football training camp with his high school team?

Despite all of our advances today, there is still bigotry, prejudice and hatred in this country. If you’re a victim of injustice or humiliation what can you do about it? There are certain types of lawsuits that allow victims of injustice to seek justice. They’re sometimes called discrimination lawsuits, or violation of civil rights lawsuits. The pain inflicted by injustice can be devastating and have long-term social and psychological effects.

Your lawyer will ask about your history, both medical and psychological. You will probably be asked to have specific psychological testing and counseling to confirm and identify some of the problems you are currently experiencing.

I know that some people believe that if an injury can’t be seen that means it’s less meaningful than a horrible disfiguring injury. That’s not always true.

I’ll bet there’s something in everyone’s childhood where they can remember a parent or an older child saying something bad about you. Looking back all those years, you still vividly remember the hurt you experienced that day. That’s injustice. There’s no ‘physical’ injury, but the emotional scar is ever-present.

So, “What does a lawyer do?”

A lawyer is someone to guide you; to help you through your trouble; to explain the law to you and how the law applies to your facts. A lawyer should be advising you of your legal options and what you can do to correct the injustices that have happened to you. That’s what a good lawyer does.

Among different forms of personal injury medical malpractice is perhaps most frightening and devastating. Negligence on the part of medical practitioners puts the life of the patients on stake. Patients are taken to physicians for treatment; it is very frustrating when the condition of the patient deteriorates because of the negligence and irresponsible behavior of the physicians, hospital or the clinic. Consequently the recovery process is elongated and the entire process becomes a lot expensive.

Medical Malpractice Laws in Florida – A brief discussion

All the states have incorporated laws to protect consumers’ rights against medical negligence. In Florida, medical malpractice laws are quite strict. However, along with protecting consumer rights, Florida medical negligence laws also look after the goodwill of the medical practitioners in Florida.

Law makes it compulsory for lawyers to submit written statement confirming the fact that his or her client has a genuine case. If investigation proves that the case was built up just to insult a physician, the lawyer is held responsible for defaming the physician.

Medical malpractice lawsuit can be filed in Florida court of law only when there is strong evidence supporting the victims. Victims should consult medical malpractice lawyers immediately after the incidents of medical negligence. Attorneys who have been working for medical malpractice victims for many years can be of great assistance to prove a genuine case in court. Competent attorneys obtain reports, records, statements and evidence from various sources and finally prepare the plan of action to establish the rights of the victims in the court of law.

The job of a medical malpractice lawyer Florida is not easy. They need to overcome a lot of huddles. Apart from handling all the legal issues directly related to the case, they need to complete many more legal formalities.

Responsibilities of Medical Malpractice Lawyers

1. Decide if the case falls under medical malpractice laws or not. Sometimes bereaved family members decide to bring medical malpractice case against the physician who was in charge of their near and dear one out of personal grievance. Hence, it becomes the duty of the medical malpractice lawyer to determine if the case has solid base or not. Cases filed to defame the physicians are not only dismissed, but the lawyers handling such case are held responsible as well. So the lawyers need to be careful while taking up the case.

2. Most personal injury, medical negligence and wrongful death cases go through ‘no win no fee’ route. Hence, it is the responsibility of the medical malpractice lawyer or the law firm to bear initial financial matters and investigation expenses. Sometimes medical negligence cases go for years and the lawyer can recover their fees only when the case completes successfully. So the lawyers should be prepared to stand all the financial burdens.

3. Medical malpractice lawyers need to do feasibility study of each medical malpractice case properly before submitting the lawsuit in Florida court of law. They should invest their time and money only if there are enough chances of getting significant return. Otherwise, out of court settlements can be a wise option.

4. Lawyers handling medical malpractice cases should have some medical knowledge as well. They may also need to consult with physicians to understand the ins and outs of the case. Senior lawyers who have been overseeing medical malpractice cases for many days should be called on to prepare the right plan of action and to ensure success of the case.

In case a person is wounded in an on-the-job mishap, or injured because of the carelessness of another, Chicago personal injury attorneys will fight in order to safeguard one’s lawful privileges and get compensation for one’s injuries.

Chicago Personal Injury Attorneys make their clients aware of one’s legal rights. In the aftermath of being wounded while working, it is imperative that one should be familiar with the legal rights.

When a person is injured while working, his physical and financial security is at peril. One should seek the assistance of a forceful and knowledgeable Workers’ Compensation attorney to equal the playing area. While working, if a person is afflicted with a recurring strain damage in the form of carpal tunnel syndrome, tendonitis or tennis elbow as a consequence of keeping up with the demands of one’s job, one could qualify for Workers’ Compensation reimbursement. It can include a preference for doctors free of cost, 100% of every medical expense, and lost-wage reimbursement.

It also includes lump-sum cash payments, professional retraining or re-schooling, and permanent wage loss benefits. Immediately in the aftermath being wounded in a mishap, one has to encounter a hostile legal network that is complicated and puzzling.

There are numerous blunders that can be committed during the preliminary phases of a personal injury suit; hence, one should require the instant help of a forceful and qualified personal injury attorney to direct oneself through the claim procedure. The attorneys also try to make certain that a person is allotted the highest reimbursement legally permissible for one’s injuries.

Some of the kinds of personal injury cases handled by Chicago personal injury attorneys include, medical malpractice, products liability, dog bite, slip and fall, railroad accident, motorcycle accidents, pedestrian accidents, and nursing home abuse.

In the U.S. hundred of thousand injuries occur each year because of medical malpractice.  Medical malpractice is the leading cause of serious injuries and is also responsible for 100,000 fatalities.  This is alarming enough however, what is more alarming is that only 10-15 percent of victims of malpractice take legal action. 

Victims of malpractice can contact a medical attorney for help when dealing with a malpractice case.  Medical attorneys are trained for these kinds of cases.  They will evaluate your case and they can determine if you are able to recover any losses you or a loved one suffered.

The Right to Be Compensated

There are laws that give medical malpractice victims the right to seek compensation for their losses because of neglect by a medical professional.  These laws do have a statute of limitations for someone to file a lawsuit, meaning there is a legal deadline to file.  A medical attorney would know these deadlines.  If you are within the deadline, the attorney may be able to get compensations for things like:

• Monetary losses – costs for medical treatment and rehabilitation in addition to lost wages and other expenses caused by the injury
• Non-monetary losses – this can be pain and suffering, mental distress, loss of a loved one, etc.

There are also instances where the jury will rule in favor for punitive damages.  The victim will be awarded further compensation.  This is done in hopes that the punishment will prevent defendants from further neglect.  On the other hand many medical malpractice cases do not even go to trial.  An attorney experienced in medical malpractice cases usually negotiates a settlement before a trial is set.

When to Contact a Medical Attorney

It is important to contact a medical attorney as soon as you suspect you have been a victim of malpractice.  Here are some examples of the most seen types of malpractice:

• Errors during surgery
• Distributing wrong medication dosages
• Errors during labor and delivery
• Misdiagnosis
• Delay in treatments
• Infections from unsanitary items

Please be aware these are not the only types of malpractice so if you have questions you need to call a medical malpractice attorney right away.

Get Your Case Evaluated Today

A medical malpractice attorney will evaluate your case at no charge and they will then advise you of your rights and legal options.  Medical malpractice is not done only by doctors but however is done by nurses or other medical staff also.  You may have the right to some compensation and a medical attorney will know what is in your best interest.  Contact an attorney immediately.

1. Your lawsuit is not guaranteed to win or get you money. Even with a good experienced attorney, you may still lose.

a. This is true whether you have a great case, or even a bad case.

b. No one can predict the outcome of your case, even if you have all of your ‘ducks lined up’.

c. An experienced attorney is a guide and your advocate. He will do the best he can to achieve victory for you. However, not every case is worthy of winning, and not every case is successful. Even an attorney with an impressive list of wins to his credit can tell you of cases that he has lost. Unfortunately, that’s the risk that all parties take when a case goes to trial.

2. The true value of your case is unknown until every detail of your case has been evaluated by experts.

a. At the beginning of the case, your attorney must obtain all of your medical records.

b. He must evaluate liability in your case.

c. He must review all medicals and liability.

d. He then must have his expert(s) evaluate your case, from top to bottom.

e. He must do legal research to see what similar cases have settled for and what verdicts have been rendered in similar cases.

f. He needs to do a search of appellate cases to see how the appeals courts have addressed these types of injuries.

g. He needs to know what economic losses you have suffered and what your doctors believe you will need for your future years.

3. You (the client) are obligated to pay me back for my litigation expenses, even if you lose your case.

a. This is true. However, most lawyers in New York who handle medical malpractice and personal injury do not ask the client to be repaid for all of their litigation expenses if the case is lost.

b. Can you imagine the indignity to a client after losing a trial, to be told, “By the way, you now owe me $25,000 for my expenses?”

4. If you have health insurance, and health insurance paid for your medical bills, in all likelihood, you will be required to reimburse your health insurance company most of those bills…from YOUR share of the settlement, not the attorney’s share.

a. The reason is simple- Since you were the one who benefited from your health insurance company paying your bills (of course you paid those hefty premiums for this benefit) any money you recover, is repaid directly from your share.

b. Your share- that means that you don’t get your money until your insurance company gets their share first. Then and only then will you receive your settlement check.

5. If you bring a lawsuit on behalf of your child, any money that is awarded to your child CANNOT BE TOUCHED until he or she turns 18 years of age.

a. This is to protect your child’s money, plain and simple.

b. All too often, parents, most of whom are good intentioned and some who are not, have tried to take hold of their children’s money to use for their own purposes and debts. The Courts of New York refuse to make any exception to this rule.

c. Years ago, lawyers were only permitted to place this money into Savings Banks, where the money laid dormant earning minimal interest until the child turned 18 and it was withdrawn.

d. Nowadays there are usually better investment vehicles that will preserve the child’s capital, and at the same time generate better investment returns than typically found in a savings account.

6. If your lawyer screws up your case or makes a mistake, he is obligated to disclose the mistake to you and advise you to either file a claim against his insurance company, or advise you to seek counsel with another attorney.

a. The reason this disclosure is advocated is that if a lawyer screws up, the client will usually not know of the problem until much later. By that time, it may be too late to file a claim against the attorney.

b. The attorney is not supposed to gain or shield himself from such legal wrongdoing.

c. If you make a mistake, own up to it. Tell the client about it. Advise them of their rights at that point.

7. All lawyers in New York are required to take continuing legal education classes to keep up to date on legal changes.

a. It makes sense. You don’t want to have a lawyer who’s ‘out of touch’ with what the law is, you want someone who is current on the law, and how it applies to your case.

b. Generally, a lawyer is required to take 24 credits of classes over a two year period.

8. “Let’s sue everyone we can think of, then we’ll figure out who’s really responsible later.”

a. If this is your attorney telling you this, I’d think twice about his or her ability and ethical obligations.

b. If a lawsuit is started against someone without having a valid basis to do so, this could be considered frivolous litigation, and might subject the attorney and client to sanctions and fines. Make sure you know who you’re suing and why.

9. If you lie about the facts of your case, or about the extent of your injuries, I am out of here.

a. If I find out that you have lied about material items concerning liability or damages, I will be first on line in Court asking to be removed from your case.

b. You must tell the truth about what happened to you, and how your injuries have disabled you.

10. Even though I tell you I pay all of the litigation expenses, there may come a time when I might ask you to pay for them, otherwise I will not continue on your case.

a. The lawyer says he pays all expenses on his dime.

b. At the end of the case, when and if money is obtained for you, the lawyer is reimbursed for his expenses.

c. In a few rare instances I have seen an attorney ask the client to directly pay for their experts to come into trial, since new information indicates that the chances of winning the case are slim to none. In those cases, the attorney wanted to cut his losses and told the client, if you don’t pay for the experts yourselves, “I’m asking the Court to release me as your attorney.”

d. The bottom line- ask your lawyer whether this might ever happen.

Comment: I hope this article has opened your eyes to certain facts that need to be addressed with any New York attorney you choose to handle your injury case. Remember, the more information you have, the better choices you’ll make. If you have any questions, please feel free to call Gerry (at no obligation or expense to you) at 516-487-8207.

MEDICAL MALPRACTICE & PERSONAL INJURY LAW IN NEW YORK

A new law just went into effect the other day. Lawyers no longer are required to pursue their clients for expenses the lawyers incurred on their behalf in unsuccessful lawsuits, in cases where the lawyers’ fee was payable only if the client won.

It used to be that a New York lawyer was obligated to tell their clients that even if they lose their case, they were still responsible for paying the lawyers expenses he spent on their case. For example, if the lawyer spent $25,000 prosecuting a medical malpractice lawsuit, and they lost the case, the lawyer was legally within his right to turn to the client and ask the client to reimburse the lawyer for the $25,000.

In reality, it didn’t really work that way. Most practicing medical malpractice and personal injury lawyers would not ask a client to reimburse them for their expenses if they lost the case. Can you imagine the indignity that results from such a case? Not only do they lose their case, but now they’re hit with a huge bill for the lawyers expenses? What happened to “No fee, no recovery?” Well, if you ever looked in the fine print in one of those ads, or in a lawyers’ retainer agreement, there was always one sentence which said “The client is ultimately responsible for the legal expenses incurred on their case.”

Importantly, the law that Governor Pataki just signed says that a lawyer is no longer REQUIRED to pursue their clients for expenses. In most cases, at least in the greater New York metropolitan area, most medical malpractice attorneys would not ask their client to repay their expenses if they lost the case. It’s just bad business.

In 18 years of practice I have never asked a client to reimburse me for my costs if we lost a case. However, I know that in some upstate counties there are lawyers who have no problem asking their client to foot the bill for all of their legal expenses if they lost the case- and guess what? Legally, they were totally within their right to do so.

Now, lawyers are not faced with the dilema to ask the client for their legal expenses. What does this mean for the prospective client who needs a medical malpractice or personal injury lawyer?

Make sure that your lawyer puts a sentence in your retainer agreement that says that he will, or will not seek reimbursements of his legal expenses if you lose your case. This way you know exactly what will happen at the end of your case, and whether you’ll be on the hook for thousands of dollars.

A medical malpractice lawyer is unfortunately a reality for many people; is it something that needs to be a reality for you? The unfortunate truth of the matter is that medical malpractice is a great deal more common than many people think, and it can affect your life for years. If you feel as though you have been the victim of medical malpractice, it is very important to seek legal help as soon as you can. Take some time and make sure that you consider what options you may have, and that you have the legal counsel to lead you down the right path.

Although we don’t like to think about it, malpractice does happen. Medical professionals are human and acts of omission and negligence can and do happen. Medical malpractice is defined as an act or omission caused by negligence that leads to harm. While this definition is very broad, it still serves to give you an idea of what is and is not malpractice. If a doctor makes a call that would be made by anyone else in that situation with the information that was available at the time, and it turns out to be the wrong choice, that is not negligence. On the other hand, if the decision was made without a regard to the facts or due to the fact that a reasonable amount of competence was not met, this is malpractice.

If you feel as though the treatment that you would receive falls into the category of negligence, consulting with a medical malpractice lawyer should be your first step. In most if not all cases, their retainer will be paid out by your compensation, so legal fees are not even an issue for you to worry about. They have the expertise to figure out if you even have a case worth pursuing, and they can tell you a great deal about what may have happened to cause it and how it could have been handled differently. If it goes to trial, they will represent you and they have the contacts necessary to call in professional witnesses.

Some people feel that they cannot find a medical malpractice lawyer because of something they signed at the hospital, like the standard waiver forms that a hospital requires you to sign before a treatment or surgery. This is simply not true. That is important enough to repeat: that document or waiver you signed does NOT prevent you from filing a valid malpractice lawsuit. There is nothing that a hospital will have you sign that can take away your right to competent treatment! When you go to see a legal professional, bring as much paperwork as is pertinent to the issue, and be ready to provide more if the lawyer requires it. Preparing for the case can be a lengthy procedure.

Remember that medical malpractice is something that does happen, and if it happens to you, that you do have rights to legal discourse. If you suspect that negligence played a part in a recent medical issue, speak to a medical malpractice lawyer at once and find out what your options might be.

When do You need a Medical Malpractice Lawyer?

When the standards for giving health care and treatment to patients are not followed by the health care professionals, this is known as medical malpractice. You need to talk to a lawyer to help you fight for your legal rights – while you recover from the injury inflicted by a mistake. Medical lawyers know about laws relative to health care issues and problems so that claims can reach the courts quickly and accurately.

How Serious are Medical Malpractice Cases?

Deaths related to malpractice have become the third leading cause, after heart disease and cancer. Over 200,000 people die each year from various medical-related mistakes:

• Unnecessary surgery
• Medication errors in hospitals
• Infections in hospitals
• Other fatal errors in hospitals
• Non-error but resulted to adverse effects of medication

Other medical errors involve the following:

• Surgical error – surgery on the wrong part, an instrument left behind, and anesthesia mistakes;
• Medication error – overdose, missed dose, and wrong medication;
• Obstetric error – damage inflicted to the mother and/or infant during childbirth process;
• Misdiagnosis – missed diagnosis, wrong diagnosis, and failure to diagnose; and
• Laboratory mistake – laboratory results that give way to diagnosis errors.

When is the Right Time to File a Medical Lawsuit?

There is a time limit on filing a legal claim, which varies from state to state. The first step that a medical lawyer would do is to evaluate your case, which involves gathering and assessing medical records involved. If the case was strong enough, the next step involves giving written notification of the claims to parties responsible.

Recently in Illinois, an infant was rushed to an emergency room by his parents for incessant crying and vomiting that prevented him from nursing. The emergency room physician diagnosed the infant with a gastrointestinal colic and sent the family home with instructions on how to cope with the colic. The next day, the infant suffered a painful death, due to a rare heart defect that the doctor could have discovered by ordering a standard chest x-ray. When the infant’s parents hired Chicago medical malpractice lawyers and sued both the hospital and the emergency room physician, a jury found both defendants liable for $2,250,000.

Multi-million dollar medical malpractice verdicts beg the question of how juries arrive at such numbers. What is the just measure of punishment for a doctor’s error that can adequately compensate the loss of grieving parents? Obviously no amount of money could ever compensate parents or make them whole after the loss of a child. Even if such a number could be reached, is it really fair to make doctors liable?

In every profession or line of work, people, even licensed professionals, make mistakes. Unfortunately for medical professionals, every day mistakes can lead to medical malpractice lawsuits involving unfathomable tragedies such as brain damage, birth injuries, quadriplegia, amputations, and death.

The Illinois legal system has guidelines for striking the most appropriate balance between protecting both patients and doctors through (1) restrictions on filing cases, (2) caps on certain types of damages, and (3) comparative negligence testing.

Filing an Illinois Medical Malpractice Lawsuit

An Illinois medical malpractice lawsuit, in most instances, needs to be filed within a 2 year statute of limitations period from the date that malpractice could have been reasonably discovered, but no more than 4 years from the date of treatment. This means that some patients are given a slightly extended period of time after medical treatment until they reasonably discover medical malpractice.

For instance, when a woman undergoes surgery to prevent future pregnancies and winds up pregnant three years later, she still has one year to file a lawsuit, because she could not have reasonably discovered the malpractice until she became pregnant three years after surgery. Despite the extension given for the discovery of malpractice, all cases are subject to a four year limitation. Thus, if the woman became pregnant 5 years later, she would no longer be able to file a medical malpractice lawsuit.

The Illinois medical malpractice statute of limitations exists to protect doctors against stale claims. As time passes, it becomes increasingly difficult to formulate a defense against acts committed in the past. Furthermore, the statute of limitations exists so that doctors are not forced to worry about their mistakes for an unlimited amount of time. The statute of limitations can be longer in cases involving minors or shorter against government entities.

Once it is established that a case satisfies the statute of limitations, a lawsuit can only be filed if a patient’s medical malpractice lawyer finds an expert who is willing to testify about a breach of standard care.

In every medical malpractice lawsuit, the overarching question is whether a doctor breached the standard of care in his or her field of practice. Standard care requirements are different for each area of medicine so medical malpractice expert witnesses must be doctors who practice in the area of medicine involved in a particular lawsuit. In order to show that there has been a breach of the standard care in a medical field, there must be an expert witness who is willing to testify for the plaintiff and say that the doctor in question failed to meet the standard of care requirements in the industry. Without expert testimony, medical malpractice cases cannot even be filed.

Illinois Medical Malpractice Damages

There are three types of damages that are generally available in Illinois law: economic damages, non-economic damages and punitive damages. As the name suggests, punitive damages are used as a form of punishment, and are not available in medical malpractice. The reasoning behind no punitive damages is that medical malpractice is a form of negligence, which is a non-intentional tort that society generally does not punish.

Economic damages include all of the medical bills and expenses that arise from malpractice, which can range from hospital bills, prescriptions and transportation costs involved. There are no caps, or limitations to the amount of medical malpractice economic damages that juries can award. Anything that a patient is billed for as a result of malpractice is an economic damage that doctors and hospitals are liable for.

Non-economic damages involve payment for all of the intangible expenses that patents endure, such as pain and suffering or even loss of relationships. As of August of 2005, non-economic damages are limited to $500,000.00 against individual doctors and $1,000,000.00 against hospitals. Thus, an Illinois jury’s decision for the total amount of damages owed to a patient is limited to the medical costs associated with the malpractice, plus a maximum of $1.5 million for non-economic damages.

Comparative Negligence in Illinois Medical Malpractice

Once a conclusion is reached for the amount of damages that were incurred by a patient, juries are asked to deduct from those damages a percentage of the patient’s own comparative fault. Damages can be deducted as far as 50%, but once a patient’s fault is recognized as more than half, damages for the plaintiff are removed entirely.

The 50/50 comparative negligence test in Illinois only allows medical malpractice recovery against doctors when patients are 50% or less at fault. For example, if a patient is released from a hospital, and instructed by a doctor not to drive for one week while on antibiotics, but ignores the instructions, crashes a car and is severely injured, a jury would probably find that although the antibiotic may have caused the accident, the patient was more than 50% at fault for ignoring the doctor’s instructions, and thus barred from recovery against the doctor who ordered the prescription.

On the other hand, in closer cases, juries can determine that patients are less than 50% at fault. In a recent case, a patient was rushed to a hospital for severe allergies that were aggravated by his smoking habits. The patient died when doctors administered a food supplement through his feeding tube that contained milk, which he was also allergic to. The jury found that the patient was 38% at fault, because it was his smoking that contributed to the patient’s weakened condition that led to his death. Because the patient was less than 50% at fault, doctors were responsible for paying the patient’s estate according to their share of the blame, which was 62%.

The calculation of damages, and comparative negligence along with restrictions such as the statute of limitations and requirements of expert testimony regarding standard care helps juries arrive at fair verdicts in extremely difficult cases. The downside to the extremely involved process is that it results in long lawsuits that can last for years and involve expensive legal fees. Nevertheless, the Illinois legal system strives to strike an appropriate balance between protecting both patients and doctors.