Medical Malpractice Attorney - What to Look For

A medical malpractice attorney is a very important person in society. This is because they play a major role to advocate for the rights of those who have suffered. Medical malpractice centers on the negligence or the failure of a medical practitioner to provide adequate treatment leading to injuries and compromises with regard to income earning capacity of the victim.

Why A Malpractice Attorney Is Needed

When a doctor fails in his duty to uphold the required standards, there are consequences which will need the right dose of justice. A  malpractice attorney is able to prepare a case in an accurate manner for victims so that they can have the law work in their favor. For a lawyer to win, they will have to work with the medical systems and the medical law so that they can structure their case with the needed backing with regard to evidence.

A medical malpractice attorney will provide the needed counsel to proceed with the case. In many instances, people who have suffered under negligent doctors may feel bound by consent forms they may have signed. A lawyer is able to explain that a consent form signed is not a license for medical practitioners to be careless. In other words, there is a case to answer even when there is such a form. 

A medical malpractice attorney will start by evaluating a claim to see whether there is a case of malpractice or not. For this reason, it is important for all victims who feel like there was cause for alarm in their injuries to speak out.

The other step that a medical malpractice attorney will take is to serve a written notification to the persons responsible about the claims. The rest will play out according to the cases put forward. There are many legal aspects to consider and this is all in the jurisdiction of an experienced medical malpractice lawyer.

A medical malpractice attorney is a very important person in society. This is because they play a major role to advocate for the rights of those who have suffered. Medical malpractice centers on the negligence or the failure of a medical practitioner to provide adequate treatment leading to injuries and compromises with regard to income earning capacity of the victim.

Why A Malpractice Attorney Is Needed

When a doctor fails in his duty to uphold the required standards, there are consequences which will need the right dose of justice. A  malpractice attorney is able to prepare a case in an accurate manner for victims so that they can have the law work in their favor. For a lawyer to win, they will have to work with the medical systems and the medical law so that they can structure their case with the needed backing with regard to evidence.

A medical malpractice attorney will provide the needed counsel to proceed with the case. In many instances, people who have suffered under negligent doctors may feel bound by consent forms they may have signed. A lawyer is able to explain that a consent form signed is not a license for medical practitioners to be careless. In other words, there is a case to answer even when there is such a form. 

A medical malpractice attorney will start by evaluating a claim to see whether there is a case of malpractice or not. For this reason, it is important for all victims who feel like there was cause for alarm in their injuries to speak out.

The other step that a medical malpractice attorney will take is to serve a written notification to the persons responsible about the claims. The rest will play out according to the cases put forward. There are many legal aspects to consider and this is all in the jurisdiction of an experienced medical malpractice lawyer.

Liability Insurance Protects From Personal Injury

Every property owner has the responsibility to see that his buildings and grounds are properly maintained for the safety of his employees and visitors. Visible warnings and signs should be strategically placed in areas where there are hazards. If there is an accident or injury within the confines of the property premises, the owner becomes liable to meet the cost of damages. This is termed premises liability.

Accordingly, if you fall victim to the negligent attitude of a property owner due to poor maintenance or lack warnings or notifications in a particular property, you should call an attorney immediately. The attorney allows a free consultation and looks into the legal side to make proper representation of your case. During this first visit it will be ascertained whether or not a case can be successfully made. This is important because it is from the settlement won that the lawyer will be paid.

Property owners have the duty to ensure safety of the people staying within the limits of the property. In case of the failure to ensure protection from other tenants, visitors, or a third party intruder, the owner is liable to meet the cost of damages. The damages may range from simple to complex injuries due to physical assault, molestation, rape or homicide. Such cases fall under the purview of negligent security.

Irrespective of the location or size of a property, every owner is accountable to ensure the safety of guests and general visitors or people residing there. He must make the area safe and sound and free from hazards. Absence of this security measure can result in physical injury to guests and visitors.

If by chance, you experience such a situation and get injured in unsafe premises owing to the negligence of the owner, you should call on a reputed personal injury attorney to look after your interest in the incident. You should be careful while you enter a building for a business meetings or for a shopping spree. The unwarranted occurrence can be due to inefficient maintenance, wet or damaged floors, the presence of toxic fumes, attacks from dogs, mutilated sidewalks, or the absence of visible warning signs.

There is a general tendency among property owners that whenever an accident occurs, they rush to make good the deficiencies and remove the evidence. They want to hush up the incident before you call the authorities and make a complaint. As a victim, you should understand the seriousness of the situation and contact a personal injury attorney as soon as possible.

In some cases the owner may try to make a deal with you by paying your medical bills, or by offering a lump sum amount as settlement money, either directly or through his insurance agent. If you accept this, you are not addressing the loss of missed wages, the cost of future medical treatment due to trauma, and so on. Your attorney is the best person to make a genuine estimate of the compensation claim which you deserve. As competent as these lawyers are, it is better to stay away from dangerous situations in the first place.

Every property owner has the responsibility to see that his buildings and grounds are properly maintained for the safety of his employees and visitors. Visible warnings and signs should be strategically placed in areas where there are hazards. If there is an accident or injury within the confines of the property premises, the owner becomes liable to meet the cost of damages. This is termed premises liability.

Accordingly, if you fall victim to the negligent attitude of a property owner due to poor maintenance or lack warnings or notifications in a particular property, you should call an attorney immediately. The attorney allows a free consultation and looks into the legal side to make proper representation of your case. During this first visit it will be ascertained whether or not a case can be successfully made. This is important because it is from the settlement won that the lawyer will be paid.

Property owners have the duty to ensure safety of the people staying within the limits of the property. In case of the failure to ensure protection from other tenants, visitors, or a third party intruder, the owner is liable to meet the cost of damages. The damages may range from simple to complex injuries due to physical assault, molestation, rape or homicide. Such cases fall under the purview of negligent security.

Irrespective of the location or size of a property, every owner is accountable to ensure the safety of guests and general visitors or people residing there. He must make the area safe and sound and free from hazards. Absence of this security measure can result in physical injury to guests and visitors.

If by chance, you experience such a situation and get injured in unsafe premises owing to the negligence of the owner, you should call on a reputed personal injury attorney to look after your interest in the incident. You should be careful while you enter a building for a business meetings or for a shopping spree. The unwarranted occurrence can be due to inefficient maintenance, wet or damaged floors, the presence of toxic fumes, attacks from dogs, mutilated sidewalks, or the absence of visible warning signs.

There is a general tendency among property owners that whenever an accident occurs, they rush to make good the deficiencies and remove the evidence. They want to hush up the incident before you call the authorities and make a complaint. As a victim, you should understand the seriousness of the situation and contact a personal injury attorney as soon as possible.

In some cases the owner may try to make a deal with you by paying your medical bills, or by offering a lump sum amount as settlement money, either directly or through his insurance agent. If you accept this, you are not addressing the loss of missed wages, the cost of future medical treatment due to trauma, and so on. Your attorney is the best person to make a genuine estimate of the compensation claim which you deserve. As competent as these lawyers are, it is better to stay away from dangerous situations in the first place.

Starting Your Career As a Medical Negligence Lawyer

There is certainly a law exist for those who fell victims of medical negligence in one way or another. It is the right of every patient to get professional medical treatment and appropriate medication on behalf of the medical staff, but often patients are not treated as they should be by the medical attendants or staff and patients' condition further deteriorate due to negligence and other medical mistakes.

A medical negligence lawyer specializes in dealing with the cases of such medical negligence and offer legal advice and guidance regarding the legal options available to the clients to bring the medical staff and management to the court of law. A medical negligence lawyer not only has a good legal knowledge but also medical knowledge. He also has good communication skills as he often has to talk with the friends, family and medical staff to note down their statements.

1. The very first step involve in becoming a lawyer is to earn your Bachelor's degree. You will not be able to apply in law school unless you earn your four years undergraduate degree.

2. After getting an undergraduate degree, you need to take a LSAT test. LSAT test is designed to test your reasoning, verbal and analytical skills. Normally, you need to do extremely good in LSAT test in order to take admission in a top law school. You can get information about the test and preparation material on the website of LSAC, i.e. http://www.lsac.org/.

3. Different law schools have different admission criteria. Most prestigious law schools required good academic record, work experience and so on. So, you have to evaluate yourself first and apply in the law schools accordingly. Never aim too high with average educational background and average LSAT score. Aim at getting into a law school and you can make the difference with your over all hard work.

4. Studying law is never been easy. You have to spend a lot of work in reading, studying cases and spending time in the library. Your hard work and independent studies is the only a key to pass the exams with good grades. Also gain some independent knowledge about the medical malpractice law during your law school.

5. Being a medical negligence lawyer, you need to have a reasonable of knowledge of the legal as well as medical aspects of the cases. For this, you may need to learn about medical terminologies and other medical aspects. You can read medical journals and take help from internet to gain some knowledge.

6. Once you have your Juris Doctor degree, you should gather some information about the bar exam which is necessary to pass in order to start law practice as a medical negligence lawyer. It is better to take your time in preparing for the exam as many lawyers find it hard to pass.

7. After clearing the bar exam, advertise yourself. Talk to American Bar Association and ask them to include your name in its online database as medical negligence lawyer.

There is certainly a law exist for those who fell victims of medical negligence in one way or another. It is the right of every patient to get professional medical treatment and appropriate medication on behalf of the medical staff, but often patients are not treated as they should be by the medical attendants or staff and patients' condition further deteriorate due to negligence and other medical mistakes.

A medical negligence lawyer specializes in dealing with the cases of such medical negligence and offer legal advice and guidance regarding the legal options available to the clients to bring the medical staff and management to the court of law. A medical negligence lawyer not only has a good legal knowledge but also medical knowledge. He also has good communication skills as he often has to talk with the friends, family and medical staff to note down their statements.

1. The very first step involve in becoming a lawyer is to earn your Bachelor's degree. You will not be able to apply in law school unless you earn your four years undergraduate degree.

2. After getting an undergraduate degree, you need to take a LSAT test. LSAT test is designed to test your reasoning, verbal and analytical skills. Normally, you need to do extremely good in LSAT test in order to take admission in a top law school. You can get information about the test and preparation material on the website of LSAC, i.e. http://www.lsac.org/.

3. Different law schools have different admission criteria. Most prestigious law schools required good academic record, work experience and so on. So, you have to evaluate yourself first and apply in the law schools accordingly. Never aim too high with average educational background and average LSAT score. Aim at getting into a law school and you can make the difference with your over all hard work.

4. Studying law is never been easy. You have to spend a lot of work in reading, studying cases and spending time in the library. Your hard work and independent studies is the only a key to pass the exams with good grades. Also gain some independent knowledge about the medical malpractice law during your law school.

5. Being a medical negligence lawyer, you need to have a reasonable of knowledge of the legal as well as medical aspects of the cases. For this, you may need to learn about medical terminologies and other medical aspects. You can read medical journals and take help from internet to gain some knowledge.

6. Once you have your Juris Doctor degree, you should gather some information about the bar exam which is necessary to pass in order to start law practice as a medical negligence lawyer. It is better to take your time in preparing for the exam as many lawyers find it hard to pass.

7. After clearing the bar exam, advertise yourself. Talk to American Bar Association and ask them to include your name in its online database as medical negligence lawyer.

Factors in Medical Malpractice Suit Limitations

There are statutes of limitations associated with most types of lawsuits, including medical malpractice claims. A statute of limitations governs when a claim may or may not be filed following an incident of malpractice. After the established time limit passes, a person is no longer permitted to take legal action against a physician. As each state creates their own laws regarding their malpractice statutes of limitations, the specifics may differ according to the jurisdiction.

For many, there may be a general time period set for injuries. As this can be an obtuse figure, many jurisdictions apply their time limitations to the time at which a patient recognized that a physician made a mistake. However, if a patient has not reasonably noticed the effects of malpractice, the time limit may be applied to a rough estimate of when their injuries should have become apparent.

Minors are often treated under different standards than those above the age of 18, as their reaction to malpractice may not necessarily be the same as someone who has reached the age of majority. For minors, the statute of limitations may extend through their 18th birthday, at which point they are granted the limit of time given to adults. For cases of malpractice that occurred at or before birth, a child's statute of limitation may be pushed to a different, arbitrary date. Again, this is a concern left to each particular state.

For cases in which a patient died because of the negligent behavior of a doctor, the statute of limitations may be pushed to after the patient's death. Even though these wrongful deaths may be significantly more serious than other injury concerns, there is still an established time limit for filing a lawsuit.

For more information regarding these lawsuits, contact a medical malpractice attorney.

There are statutes of limitations associated with most types of lawsuits, including medical malpractice claims. A statute of limitations governs when a claim may or may not be filed following an incident of malpractice. After the established time limit passes, a person is no longer permitted to take legal action against a physician. As each state creates their own laws regarding their malpractice statutes of limitations, the specifics may differ according to the jurisdiction.

For many, there may be a general time period set for injuries. As this can be an obtuse figure, many jurisdictions apply their time limitations to the time at which a patient recognized that a physician made a mistake. However, if a patient has not reasonably noticed the effects of malpractice, the time limit may be applied to a rough estimate of when their injuries should have become apparent.

Minors are often treated under different standards than those above the age of 18, as their reaction to malpractice may not necessarily be the same as someone who has reached the age of majority. For minors, the statute of limitations may extend through their 18th birthday, at which point they are granted the limit of time given to adults. For cases of malpractice that occurred at or before birth, a child's statute of limitation may be pushed to a different, arbitrary date. Again, this is a concern left to each particular state.

For cases in which a patient died because of the negligent behavior of a doctor, the statute of limitations may be pushed to after the patient's death. Even though these wrongful deaths may be significantly more serious than other injury concerns, there is still an established time limit for filing a lawsuit.

For more information regarding these lawsuits, contact a medical malpractice attorney.

10 Misconceptions About New York Medical Malpractice Lawyers

1. They like to file frivolous lawsuits.

Wrong. Filing a medical malpractice lawsuit in New York is downright difficult. A lawyer must first conduct a thorough investigation of the facts and then have all the medical records reviewed by a medical expert. Only after the expert has confirmed evidence of wrongdoing; that the wrongdoing caused injury; and that the injury is significant, can the attorney go forward and file suit.

Remember, nobody likes a frivolous lawsuit. It's bad for the lawyer, the client, the doctors, and the Court system. While there may always be differences of opinion about what happened and who is responsible for the victim's injuries, a New York Medical Malpractice lawyer is ethically prohibited from filing a lawsuit that has no merit. Besides, who wants to waste thousands of hours of their time prosecuting a case that has no merit, and spent countless amounts of money to pursue a case that doesn't belong in the Court system?

2. They sue everyone who saw the patient, even if there's no reason.

Most of the time, this is incorrect. A lawyer is ethically bound to sue only those individuals who can be directly linked to the client's injuries. Sometimes, after reading a hospital record it appears as if nurses and health care providers participated in the events that led to the client's injuries. In those cases it may be necessary to name people in the lawsuit that might be peripherally involved.

Once it becomes clear during the course of the lawsuit that certain individuals had nothing to do with the malpractice or causing injury, the patient's lawyer is likely to dismiss that person from the lawsuit- either after they have given testimony or shortly before trial.

3. They get 1/3 to 1/2 of the settlement or verdict as their fee.

Wrong. In New York the fee is less than that. In a medical malpractice case, the lawyer's fee is based on a sliding scale which is set by law. It is less than 1/3. In fact, the lawyer's fee only starts at 30% and decreases as the amount we recover for our client increases. This sliding scale has been in effect in New York since 1985, and benefits the injured client, not the lawyer.

This is how a New York malpractice lawyer calculates his fee:

(1) The expenses that the lawyer has laid out to prosecute your case gets reimbursed to the lawyer from the total settlement amount.

(2) Of the remaining amount, the lawyer's fee is calculated.

If your award is anywhere from $1 to $250,000, the lawyer's fee is only 30% of that amount.

If you are awarded anywhere from $250,001-$500,000, the lawyer's fee on that segment of the award drops now to 25%.

If you are awarded anywhere from $500,001-$750,000, the lawyer's fee for that segment drops again to 20%.

This drop in the attorney's fee continues until you achieve over $1.25 Million. Anything over $1.25 million, the attorney's fee remains at only 10%.

This fee is significantly different than in a case involving a car accident or a trip and fall. In those 'negligence' cases, the lawyer's fee in New York State is 1/3 of your award, after the expenses have been repaid to the law firm.

4. They hate doctors and hospitals.

Wrong. Most malpractice attorneys recognize that most physicians and hospital staff work hard at what they do and appreciate the patients they treat. The problems arise with those few physicians who don't practice medicine in accordance with the standards of their specialty. It's those few bad apples that are careless and cause harm to patients.

Remember, lawyers are people too. They need physicians and hospitals too, and rely on their expertise when they are ill.

5. They are responsible for increases in health care costs and the premiums that doctors pay for their malpractice insurance.

Wrong. There are many studies that have been published by well-educated and well-credentialed folks who have consistently stated that increased premiums for medical malpractice insurance have little to do with the lawyers who file malpractice lawsuits. In fact, I just read an article where Anthony Bonomo, the Chief Executive Officer of PRI - Physicians Reciprocal Insurance Company (one of two major malpractice insurance companies here in New York), confirmed that lawsuits have little to do with the rise in malpractice premiums that doctors must pay for their medical malpractice insurance policies.

Some physicians argue that they practice 'defensive medicine' in order to run tests the patient doesn't really need. They also argue that running all these tests will prevent some lawyer from later claiming that certain tests should have been done to check for medical conditions that were never considered by the doctor.

The problem with this argument is that lawyers don't dictate what treatment patients should get. The physician should be smart enough to know what possible conditions the patient may be suffering from, and order those tests that will either confirm, or rule out those possible medical problems. If the doctor doesn't know enough about the patient's condition, then he should be referring the patient to a specialist, or calling in other doctors to consult about this problem.

If you want to look at why health care costs have increased, one need only look at the compensation that health insurance executives receive and question why they are paid millions of dollars per year.

6. They're looking for a quick settlement to squeeze money from the insurance company.

False. There is no malpractice insurance company in New York that would permit themselves to be taken advantage of. The insurance companies in New York that represent doctors and hospitals hire some of the best and brightest trial lawyers in the state to represent them from the initial stages of a lawsuit all the way through trial and appeals.

Importantly, the insurance company would never allow an attorney to squeeze them for a 'quick settlement'. It simply doesn't happen. In fact, most malpractice cases here in New York are resolved only shortly before or during trial. A lawyer that thinks a malpractice claim will be resolved immediately after filing the lawsuit is naïve, and not experienced with New York malpractice claims.

7. They can settle a case without the client's consent.

Wrong. In New York, the client must consent and agree to any settlement. If the client does not agree to the settlement, then the case continues forward. A lawyer is prohibited ethically and morally from settling a medical malpractice or injury lawsuit without their client's consent.

In fact, when a lawsuit is settled, it is best done in open court, 'on the record', where a record is made of the terms of the settlement. If the settlement is done privately, there are specific legal requirements that must be set forth in the papers confirming the settlement. Otherwise, one party may have difficulty enforcing the settlement.

8. They can settle a case involving an infant if the parent consents to the settlement.

Wrong again. In New York State, any case involving an infant (a child under the age of 18 years) must be supervised and overseen by the trial court. If a settlement is agreed upon by the parties in the lawsuit, the lawyer representing the injured infant must now apply to the trial court for permission to settle that case.

The lawyer is required to explain to the judge why he believes the settlement amount is appropriate and show to the judge medical evidence of the child's injuries and evidence that the injuries are resolved or will get better over time. If the lawyer cannot support the claim that the settlement is appropriate, the trial judge will not approve the settlement, and the case will continue, regardless of the parent's belief that the settlement is a good one.

9. They take any case that walks in the door.

Wrong. It does not benefit a lawyer to accept a medical malpractice case that has little monetary value or little merit. The malpractice lawyer works just as hard on a large case as he does on a small one. The amount of money and time spent to prosecute medical malpractice cases are enormous.

These types of cases are unlike car accident cases or slip and fall cases which are must simpler to prosecute. Lawyers who regularly handle medical malpractice cases here in New York typically reject 98 out of 100 cases that walk in the door. Out of those one or two cases that are accepted for investigation, most are rejected after being reviewed by a physician. This is the screening process that good malpractice lawyers use to evaluate a case.

10. They like to go to trial.

This is often true! A New York medical malpractice lawyer must have sufficient knowledge and experience to go to trial and take a verdict if the insurance company refuses to settle the case. In that instance the lawyer has no alternative but to present his case to a jury so that a panel of impartial folks can determine whether their claims are true. If true, the jury will decide how much to award to the injured victim.

A lawyer who takes a case solely to try and obtain a settlement does the client no justice. The lawyer must be prepared from the outset to go to trial. This is the only way to achieve the best possible result for the injured client. If the insurance company knows that the lawyer is afraid to go to trial, they stand a much better chance of taking advantage of this fact and low-balling the settlement negotiations and staying low.

When a case goes to trial, it means that both sides run the risk of losing. The question always is which side is going to blink first and recognize that settling the case is a better business decision than a jury verdict that could far outstrip what they felt the case was worth.

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.

1. They like to file frivolous lawsuits.

Wrong. Filing a medical malpractice lawsuit in New York is downright difficult. A lawyer must first conduct a thorough investigation of the facts and then have all the medical records reviewed by a medical expert. Only after the expert has confirmed evidence of wrongdoing; that the wrongdoing caused injury; and that the injury is significant, can the attorney go forward and file suit.

Remember, nobody likes a frivolous lawsuit. It's bad for the lawyer, the client, the doctors, and the Court system. While there may always be differences of opinion about what happened and who is responsible for the victim's injuries, a New York Medical Malpractice lawyer is ethically prohibited from filing a lawsuit that has no merit. Besides, who wants to waste thousands of hours of their time prosecuting a case that has no merit, and spent countless amounts of money to pursue a case that doesn't belong in the Court system?

2. They sue everyone who saw the patient, even if there's no reason.

Most of the time, this is incorrect. A lawyer is ethically bound to sue only those individuals who can be directly linked to the client's injuries. Sometimes, after reading a hospital record it appears as if nurses and health care providers participated in the events that led to the client's injuries. In those cases it may be necessary to name people in the lawsuit that might be peripherally involved.

Once it becomes clear during the course of the lawsuit that certain individuals had nothing to do with the malpractice or causing injury, the patient's lawyer is likely to dismiss that person from the lawsuit- either after they have given testimony or shortly before trial.

3. They get 1/3 to 1/2 of the settlement or verdict as their fee.

Wrong. In New York the fee is less than that. In a medical malpractice case, the lawyer's fee is based on a sliding scale which is set by law. It is less than 1/3. In fact, the lawyer's fee only starts at 30% and decreases as the amount we recover for our client increases. This sliding scale has been in effect in New York since 1985, and benefits the injured client, not the lawyer.

This is how a New York malpractice lawyer calculates his fee:

(1) The expenses that the lawyer has laid out to prosecute your case gets reimbursed to the lawyer from the total settlement amount.

(2) Of the remaining amount, the lawyer's fee is calculated.

If your award is anywhere from $1 to $250,000, the lawyer's fee is only 30% of that amount.

If you are awarded anywhere from $250,001-$500,000, the lawyer's fee on that segment of the award drops now to 25%.

If you are awarded anywhere from $500,001-$750,000, the lawyer's fee for that segment drops again to 20%.

This drop in the attorney's fee continues until you achieve over $1.25 Million. Anything over $1.25 million, the attorney's fee remains at only 10%.

This fee is significantly different than in a case involving a car accident or a trip and fall. In those 'negligence' cases, the lawyer's fee in New York State is 1/3 of your award, after the expenses have been repaid to the law firm.

4. They hate doctors and hospitals.

Wrong. Most malpractice attorneys recognize that most physicians and hospital staff work hard at what they do and appreciate the patients they treat. The problems arise with those few physicians who don't practice medicine in accordance with the standards of their specialty. It's those few bad apples that are careless and cause harm to patients.

Remember, lawyers are people too. They need physicians and hospitals too, and rely on their expertise when they are ill.

5. They are responsible for increases in health care costs and the premiums that doctors pay for their malpractice insurance.

Wrong. There are many studies that have been published by well-educated and well-credentialed folks who have consistently stated that increased premiums for medical malpractice insurance have little to do with the lawyers who file malpractice lawsuits. In fact, I just read an article where Anthony Bonomo, the Chief Executive Officer of PRI - Physicians Reciprocal Insurance Company (one of two major malpractice insurance companies here in New York), confirmed that lawsuits have little to do with the rise in malpractice premiums that doctors must pay for their medical malpractice insurance policies.

Some physicians argue that they practice 'defensive medicine' in order to run tests the patient doesn't really need. They also argue that running all these tests will prevent some lawyer from later claiming that certain tests should have been done to check for medical conditions that were never considered by the doctor.

The problem with this argument is that lawyers don't dictate what treatment patients should get. The physician should be smart enough to know what possible conditions the patient may be suffering from, and order those tests that will either confirm, or rule out those possible medical problems. If the doctor doesn't know enough about the patient's condition, then he should be referring the patient to a specialist, or calling in other doctors to consult about this problem.

If you want to look at why health care costs have increased, one need only look at the compensation that health insurance executives receive and question why they are paid millions of dollars per year.

6. They're looking for a quick settlement to squeeze money from the insurance company.

False. There is no malpractice insurance company in New York that would permit themselves to be taken advantage of. The insurance companies in New York that represent doctors and hospitals hire some of the best and brightest trial lawyers in the state to represent them from the initial stages of a lawsuit all the way through trial and appeals.

Importantly, the insurance company would never allow an attorney to squeeze them for a 'quick settlement'. It simply doesn't happen. In fact, most malpractice cases here in New York are resolved only shortly before or during trial. A lawyer that thinks a malpractice claim will be resolved immediately after filing the lawsuit is naïve, and not experienced with New York malpractice claims.

7. They can settle a case without the client's consent.

Wrong. In New York, the client must consent and agree to any settlement. If the client does not agree to the settlement, then the case continues forward. A lawyer is prohibited ethically and morally from settling a medical malpractice or injury lawsuit without their client's consent.

In fact, when a lawsuit is settled, it is best done in open court, 'on the record', where a record is made of the terms of the settlement. If the settlement is done privately, there are specific legal requirements that must be set forth in the papers confirming the settlement. Otherwise, one party may have difficulty enforcing the settlement.

8. They can settle a case involving an infant if the parent consents to the settlement.

Wrong again. In New York State, any case involving an infant (a child under the age of 18 years) must be supervised and overseen by the trial court. If a settlement is agreed upon by the parties in the lawsuit, the lawyer representing the injured infant must now apply to the trial court for permission to settle that case.

The lawyer is required to explain to the judge why he believes the settlement amount is appropriate and show to the judge medical evidence of the child's injuries and evidence that the injuries are resolved or will get better over time. If the lawyer cannot support the claim that the settlement is appropriate, the trial judge will not approve the settlement, and the case will continue, regardless of the parent's belief that the settlement is a good one.

9. They take any case that walks in the door.

Wrong. It does not benefit a lawyer to accept a medical malpractice case that has little monetary value or little merit. The malpractice lawyer works just as hard on a large case as he does on a small one. The amount of money and time spent to prosecute medical malpractice cases are enormous.

These types of cases are unlike car accident cases or slip and fall cases which are must simpler to prosecute. Lawyers who regularly handle medical malpractice cases here in New York typically reject 98 out of 100 cases that walk in the door. Out of those one or two cases that are accepted for investigation, most are rejected after being reviewed by a physician. This is the screening process that good malpractice lawyers use to evaluate a case.

10. They like to go to trial.

This is often true! A New York medical malpractice lawyer must have sufficient knowledge and experience to go to trial and take a verdict if the insurance company refuses to settle the case. In that instance the lawyer has no alternative but to present his case to a jury so that a panel of impartial folks can determine whether their claims are true. If true, the jury will decide how much to award to the injured victim.

A lawyer who takes a case solely to try and obtain a settlement does the client no justice. The lawyer must be prepared from the outset to go to trial. This is the only way to achieve the best possible result for the injured client. If the insurance company knows that the lawyer is afraid to go to trial, they stand a much better chance of taking advantage of this fact and low-balling the settlement negotiations and staying low.

When a case goes to trial, it means that both sides run the risk of losing. The question always is which side is going to blink first and recognize that settling the case is a better business decision than a jury verdict that could far outstrip what they felt the case was worth.

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.

Wrongful Death in Medical Malpractice Cases - What To Know

The death of a loved one is life altering and traumatic, but nothing can quite prepare you for the sudden upheaval it can cause, especially if the person died due to medical malpractice. Indeed, when we place a loved one into the care of a physician we are entrusting them with something and someone very special. If that doctor fails us it can add insult injury when a wrongful death happens.

In New York, Manhattan, the Bronx and other surrounding areas, family members who have lost a loved one due to medical negligence often retain the services of a medical malpractice lawyer. With this specialized wrongful death lawyer at their side, they can often pursue a wrongful death lawsuit to obtain financial compensation for their loss. More importantly they receive justice for themselves and their beloved family members.

Determining wrongful death and fault can often be a bit of challenge in such cases. An expert wrongful death lawyer or medical malpractice lawyer knows that they have their work cut out for them and will work hard to make sure they build a solid case. For instance, they could cultivate information to see if the physician or medical establishment in question has a history of the type of negligence that lead to your loved ones wrongful death lawsuit.

They will then try to establish a pattern that clearly establishes liability. New York City citizens who seek the assistance of the medical malpractice lawyers at Proner and Proner will also find the attorneys are adept at locating experts who can present ideals in a way that helps jurors understand the negligent party's culpability. Being able to pin down who is exactly at fault is what aids juror in finding in your favor, which they often desire to do anyway.

Uncertain as to if you have a strong wrongful death lawsuit? Don't wonder any longer. Contact the Manhattan law firm of Proner and Proner today.

The death of a loved one is life altering and traumatic, but nothing can quite prepare you for the sudden upheaval it can cause, especially if the person died due to medical malpractice. Indeed, when we place a loved one into the care of a physician we are entrusting them with something and someone very special. If that doctor fails us it can add insult injury when a wrongful death happens.

In New York, Manhattan, the Bronx and other surrounding areas, family members who have lost a loved one due to medical negligence often retain the services of a medical malpractice lawyer. With this specialized wrongful death lawyer at their side, they can often pursue a wrongful death lawsuit to obtain financial compensation for their loss. More importantly they receive justice for themselves and their beloved family members.

Determining wrongful death and fault can often be a bit of challenge in such cases. An expert wrongful death lawyer or medical malpractice lawyer knows that they have their work cut out for them and will work hard to make sure they build a solid case. For instance, they could cultivate information to see if the physician or medical establishment in question has a history of the type of negligence that lead to your loved ones wrongful death lawsuit.

They will then try to establish a pattern that clearly establishes liability. New York City citizens who seek the assistance of the medical malpractice lawyers at Proner and Proner will also find the attorneys are adept at locating experts who can present ideals in a way that helps jurors understand the negligent party's culpability. Being able to pin down who is exactly at fault is what aids juror in finding in your favor, which they often desire to do anyway.

Uncertain as to if you have a strong wrongful death lawsuit? Don't wonder any longer. Contact the Manhattan law firm of Proner and Proner today.

Ohio Medical Malpractice Law Overview

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine.

This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Under Ohio law, you often have only 1 year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, then additional time is allowed.

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor's mistake can have severe -- or even deadly -- consequences for a trusting patient.

What is Medical Malpractice?
Some forms of medical malpractice are unmistakable, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication.

Other types of medical malpractice may not be obvious. For example, if an individual was not warned about the serious risk of a particular treatment or if treatment unexpectedly causes a horrible injury, malpractice may have occurred.

In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and the incorrect treatment caused the patient to suffer a new injury. The law requires evidence of new injury, because it would be unreasonable to hold the healthcare professional responsible for the original medical problem.

Some examples of medical malpractice include:

    * Failure to diagnose a medical condition
    * Misdiagnosis of a medical condition
    * Failure to treat a patient's medical condition properly
    * Failure to administer anesthesia safely
    * Failure to manage a pregnancy or deliver a baby in a safe manner
    * Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
    * Failure to administer medications properly
    * Failure to protect a patient from a fall or other injury on hospital property


The Rights of Ohio Medical Malpractice Victims

Sadly, many Americans die each year from medical mistakes. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes.

In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated.

The laws governing malpractice suits may be the most complex of all Ohio personal injury laws. Failure to meet the Ohio legal requirements for an Ohio medical malpractice claim means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury -- or even death.

If you or a loved one is the victim of medical malpractice, talk with a dedicated Ohio medical malpractice lawyer.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine.

This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Under Ohio law, you often have only 1 year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, then additional time is allowed.

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor's mistake can have severe -- or even deadly -- consequences for a trusting patient.

What is Medical Malpractice?
Some forms of medical malpractice are unmistakable, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication.

Other types of medical malpractice may not be obvious. For example, if an individual was not warned about the serious risk of a particular treatment or if treatment unexpectedly causes a horrible injury, malpractice may have occurred.

In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and the incorrect treatment caused the patient to suffer a new injury. The law requires evidence of new injury, because it would be unreasonable to hold the healthcare professional responsible for the original medical problem.

Some examples of medical malpractice include:

    * Failure to diagnose a medical condition
    * Misdiagnosis of a medical condition
    * Failure to treat a patient's medical condition properly
    * Failure to administer anesthesia safely
    * Failure to manage a pregnancy or deliver a baby in a safe manner
    * Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
    * Failure to administer medications properly
    * Failure to protect a patient from a fall or other injury on hospital property


The Rights of Ohio Medical Malpractice Victims

Sadly, many Americans die each year from medical mistakes. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes.

In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated.

The laws governing malpractice suits may be the most complex of all Ohio personal injury laws. Failure to meet the Ohio legal requirements for an Ohio medical malpractice claim means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury -- or even death.

If you or a loved one is the victim of medical malpractice, talk with a dedicated Ohio medical malpractice lawyer.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.