Saturday, February 5, 2011

Medical Malpractice and Motorcycle Accidents

Life is often unfair and tragedies it throws at unsuspecting people may injure or even kill them. However, in cases where the injury was a result of negligence, the injured party or their bereaved families can address the injustice and seek damages for their loss. There are two kinds of negligence that plague society—medical malpractice and motorcycle accidents. Fortunately, there are ways to ensure that plaintiffs get a successful settlement to restitute the wrongful acts of the defendant.


In cases where plaintiffs or their bereaved relatives suspect that their healthcare providers committed malpractice, they need to secure the medical records of the physician or healthcare institute and review them carefully for any inaccuracies or discrepancies. For example, if a patient fell into a coma but the records indicate that the patient was only ‘sound asleep,’ that could be a basis for medical negligence.


Next, plaintiffs should seek the advice of a licensed attorney that specializes in medical malpractice. Once the appropriate medical malpractice lawyer has been selected, the plaintiff should then sign a retainer. A retainer is a legal contract stating that a plaintiff has hired a certain lawyer to represent them in a medical malpractice claim. A doctor’s opinion may also be sought as many cases cannot proceed unless a doctor reviews the case first and then states in writing that a medical error was committed.


Depending on the issue, the accused physician or healthcare institute may offer a settlement. A settlement is a certain amount of money to compensate the plaintiff for their loss. A settlement normally requires the plaintiff to keep quiet about the issue. If no settlement is reached and the Oakland medical malpractice lawyer agrees, the case may go to trial.


In the case of motorcycle accidents, Oakland motorcycle accident attorneys that specialize in such unfortunate events should be hired to settle the case. Those who drive motorcycles are often at greater risk on the road than other motorists. Car drivers tend to overlook motorcyclists weaving their way through traffic and this can cause accidents. In addition, motorcyclists are sometimes caught unawares by road defects like potholes which can lead to serious accidents.


The Oakland motorcycle accident attorney should handle the case in an efficient manner. The attorney should establish the legal responsibility of the defendant and work with other experts like collision experts, road and weather experts, as well as medical professionals to boost the claim’s validity.