Thursday, August 26, 2010

Medical Malpractice Law

Medical Malpractice, also known as medical negligence, is the failure of a medical practitioner to meet the standard of good medical practice in the field in which the professional practices. It simply occurs when a medical professional proceeds in a medical conduct when treating a patient. It can simply take place from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples may include: failure to diagnose or misdiagnosis of a medical condition.

The laws and rules governing malpractice suits in each state can vary significantly. A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that result in harm to the patient, even if the procedure is followed properly. If the patient is not harmed by the physician's error, the patient cannot recover damages as the result of the error.

Medical malpractice actions have been significantly affected by "tort reform". These cases are very expensive to pursue and to litigate, and your recovery of damages may be limited by statute.

It is of utmost importance to seek advice from medical experts, who can be very costly to hire. Medical Malpractice being a highly technical field of law, it is usually best to go to an attorney who specializes in medical malpractice cases. Due to the high costs of litigating malpractice cases, some injured people will observe that the cost of litigation will exceed the amount of any damages award, and they are forced to choose between abandoning their claim pursuing it at a financial loss.

When you are consulting malpractice attorneys, it is helpful if you can provide them with copies of important documents and data that you have, in relation to your case.

While hiring a lawyer you must look up to some important aspects of his career. You must take into account his professional experience, his knowledge regarding the subject related matters and how many cases has he taken into trial.

Most of the medical malpractice lawyers take their cases on "contingency basis", where the attorney fee is the percentage of the amount recovered from the defendant through the settlement. When you initiate medical malpractice litigation, you should keep in mind that it can be a very long and difficult process.

If you or a loved one has been a victim of medical malpractice, you should act promptly to preserve your rights.

Tuesday, August 17, 2010

Ft. Lauderdale Medical Malpractice: Finding A Good Medical Malpractice Lawyer

Medical malpractice is the third leading cause of death in America, killing 100,000 people every year.

From 1996 through 1999, Florida hospitals reported 19,885 incidents but only 3,177 medical malpractice claims. In other words, for every 6 medical errors only one claim is filed.

Why are the medical malpractice claims in Florida so low even though Florida is the fifth largest market for medical malpractice claims? The U. S. Department of Justice estimates that in 2003 (the latest available), medical malpractice is the second-toughest type of tort case for plaintiffs to win at trial, with defendant physicians prevailing in 63.3% of verdicts.

Florida medical malpractice claims are by no means easy to win. In my own back yard, many Ft.

Lauderdale plaintiffs come into law offices but are hesitant to file a claim. Don’t be. Yes, medical malpractice is a highly specialized area of personal injury and can be complex and time consuming. But if you or a family member has been a victim of medical malpractice as a result of negligent or irresponsible behavior, you deserve compensation.

You just need to find the BEST medical malpractice attorney, a Ft. Lauderdale attorney with a track record of successful malpractice judgments and verdicts.

Don’t be fooled by the TV advertisements that air on Florida stations all the time inquiring about damages caused by a specific condition or a specific drug. In most cases, these central organizations will not bring justice to its clients. Generally, they are clearinghouses and get compensated by racking up referrals to attorneys they serve. If you believe you have a legitimate medical malpractice case, you’re better off contacting a LOCAL attorney.

Here are some other characteristics to look for in medical malpractice attorneys:

Local – You want a local medical malpractice attorney because they are familiar with the state laws and the local judges, medical experts and court personnel.
Trial experience – Although many medical malpractice cases are settled out of court, your particular case may go to trial if an agreeable settlement cannot be decided beforehand. You do NOT want an attorney who has never been to trial .
Payment – Beware of medical malpractice attorneys who want to charge you upfront. Most law firms will accept medical malpractice cases on a contingency fee basis. That means you don't have to pay attorney fees unless the case is settled favorably. Generally, the lawyer will be paid based on a percentage of 25 to 40 percent of what you may collect on a settlement, or on a judgment if the case goes to trial.
Amount of settlement – Do not choose a medical malpractice attorney solely because he predicted the highest amount of money you might be able to recover for the case out of all the lawyers you interviewed. That lawyer may be trying to persuade you to hire him, but then later he can explain to you that the case is not coming along as good as he had hoped, and therefore the value is actually less than promised. Good lawyers will seldom give an opinion on the value of a case until they have had a thorough opportunity to investigate the case and have the records reviewed by experts. Even then, case value is a complicated proposition and not a shoot-from-the-hip matter.
Size of firm – Research the law firm. Is it the right size for your case? Many Ft. Lauderdale medical malpractice and personal injury firms are too small to handle large, complex cases nor do they have the support staff that includes paralegals, law clerks and administrative personnel. You also don’t want a Ft. Lauderdale law firm that is too large, where you and your case get lost in the shuffle.
Special Needs – Do you have special needs? Could you benefit from a medical malpractice law firm that speaks Spanish, for instance? Check to see if the Ft. Lauderdale law firm has information in both English and Spanish on their website.
Commitment to the local community – Is the law firm actively involved in the community? Do they give back through local charities and affiliations?
Local associations – In addition to the Bar Associations, do the medical practice attorneys belong to local associations such as the Broward County Justice Association and the Palm Beach Justice Association?

A good medical malpractice attorney will be familiar with fighting for your rights against hospitals, insurance companies, physicians, nurses, etc. Your medical future could be on the line. Choose a medical malpractice attorney that can be a strong voice for families and victims of negligent healthcare.

Sunday, August 8, 2010

The Indispensability Of Malpractice Lawyers

Malpractice lawsuits can range from the common medical ones to others such as legal and/or professional malpractices. If you have been a victim of gross misconduct on the part of a doctor, lawyer or any other professional then you are well within your rights to sue them. You can claim compensation and the accused can also be slapped with a ban on practicing their trade. You need a lot of patience in the search for malpractice lawyers. Kingston, NY has quite a few good law firms who have attorneys specializing in malpractice lawsuits.

A medical malpractice occurs when a person is not given the adequate treatment by his/her doctor or care-giver. This leads to the patient having to go through a lot of pain and in extreme cases he/she could have passed away. If this happens then the doctor should be slapped with a medical malpractice lawsuit. Legal malpractices refer to an attorney's inability to properly defend a client in a court of law. Professional malpractice lawsuits can be brought against a service professional that has knowingly carried out a fraudulent or illegal activity. Financial advisors, billing companies, accountants can be charged under this broad heading.

In order to find the best in the business you need to look high and low before you stop at a particular attorney. Ask friends and family for advice. They are your best source of information and if you're lucky you will find a reputable attorney.

If you couldn't find a suitable candidate then you need to get out there and do your homework. When you speak to a malpractice lawyer don't be afraid to ask him/her about their experience in this particular field. You should question them about their success rate. A good attorney will not boast and make fancy promises. He/she will devote adequate time and energy to your case. Thus, through hard work you will get justice which should involve satisfactory financial compensation.

Experience is the key for all malpractice lawyers. Kingston, NY is home to a good many lawyers who have been embroiled in tough malpractice battles and have come out victorious. This is good news for those who are searching for an attorney who can help them get justice for a malpractice which has caused them mental, physical as well as economical distress. Choose a really good malpractice lawyer and justice will be yours!