The Stages of a Litigated Personal Injury Case

Approximately 95 percent of all personal injury claims are resolved before trial. Experienced attorneys know that the best way to settle an injury case is to prepare it for trial. Therefore, attorneys for both parties follow a heavily scripted process in which documents are exchanged; questions are posed; witnesses, including experts, are disclosed; depositions are conducted; and evidence is gathered to build a strong case. This process can be divided into the following categories: the filing of pleadings, discovery process, pretrial conference, and trial.
Pleadings include a variety of legal documents that state and/or allege the opinions, positions, damages, injuries, or theories of law of a party to a lawsuit, and these documents are filed with the court. The pleadings below are the most common. 1. Complaint. A lawsuit is initiated when the plaintiff, or petitioner, serves the initial complaint on the defendant, or respondent. A complaint sets forth the basic elements of a case, including what happened and the injuries and damages incurred. It also describes the plaintiff's allegations as to why the defendant is responsible for the plaintiff's injuries and damages. 2. Answer. The defendant's attorney has a prescribed amount of time to respond to the plaintiff's complaint in the form of the answer. This is the document wherein the defendant admits, denies, or alleges insufficient information to respond to each allegation of the plaintiff's complaint. 3. Special Defenses. These are filed with the answer and allege reasons why the defendant is not responsible for the plaintiff's injuries or claim that the plaintiff is partially responsible for the injuries. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff's injuries were caused by his or her own negligence, or that the plaintiff's claim is barred by the applicable statute of limitations. These are defenses to the plaintiff's complaint or cause of action. 4. Counterclaims. If the defendant feels that a claim can be made against the plaintiff, then a counterclaim is filed along with the answer. 5. Claim for Jury Trial List. This is the point when the court is informed that the plaintiff is ready for trial.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.

How You Can Improve The Value of Your Personal Injury Case Through Your Lost Wage Claim

Unlike an employer-employee situation where the calculation of lost income is much more straightforward, losing self-employed income is much more difficult to calculate in determining your losses for your medical malpractice case. As a self- employed businessperson, you could be entitled to lost income, loss of earning capacity, lost profits, lost business opportunities, and the loss of good will and/or the diminution in value to your company. It is your responsibility to lessen or mitigate your damages, to the extent possible.
Again, it is very important to be as detailed as possible in keeping accurate records. Make sure your doctor understands your physical limitations and how it affects your job so that your doctor can place this information in your medical record to help support your lost income claim. You will be asked to provide tax returns for approximately the last three to five years. Unfortunately for many, this income history does not adequately explain your current situation or what your future may be. You will also want to prepare a year-to-date financial statement that indicates your current financial position. You will need to present as much evidence and proof as possible to establish the losses you are claiming. It is a good idea to make copies of your calendar of appointments and get letters from current or prospective clients or customers to provide a better picture of lost income or loss of future business or opportunities. Another difficulty for a self-employed businessperson is that you are generally doing your job and marketing for future work at the same time. For more complicated cases, it might be prudent for us to hire a forensic accountant or an economist to help clarify your lost income situation. Many times, claims of loss of income by self-employed businesspeople are speculative and difficult to prove. Because you know your business better than anyone else, including your attorney, it is necessary for you to provide the best possible documentation to help prove your claim. Your attorney may want to hire an economist or vocational expert to help determine your losses. Commissioned Salespeople If you are a commissioned salesperson and are out of work due to injuries sustained in an accident, it may be very difficult to prove what income you lost as a result of not being able to work. It would be difficult to prove what new orders you might have received, how many new clients or customers you would have gotten, and how much additional income you would have had. You should make a copy of your day planner to show what accounts you were working on or were scheduled to begin working on. You should get a copy of your year-to-date commissions and make a list of all prospects that you have "in the pipeline." You should get letters from your employer and make a list of your current accounts and any future accounts that you may be working on. You could also get letters from your coworkers or other salespeople who can help verify what you were doing in the way of business.
Your Accountant Perhaps the best type of documentation and/or proof to help establish your loss of income claim would be a detailed letter on your accountant's letterhead that explains in detail your business, any seasonal changes you experience in your income, why your business and income were on the rise, forecasting what your income would have been and explaining in great detail the reasons behind that calculation, and any other information that is relevant to explaining any loss of income or business which you incurred or can expect to incur.
Proving Your Case As the injured party, it is up to you and your attorney to prove your case to either the finder of fact, which can be an adjustor, arbitrator, judge, or jury, by a preponderance of the evidence. In loss of income cases, it is very important to present as much "proof" as possible to support your claim. Many times this can be done with letters from employees, coworkers, family members, and friends who can explain why you are not able to work or cannot earn what you were once making. At other times, paystubs, tax returns, expert reports (economists or accountants), and letters from current or potential customers or clients will help to make your case. You should remember that insurance companies rarely rely on oral representations of facts, so don't think it will be enough for you to just say you could not work. You must have written materials to corroborate your representations. Put yourself in the mind of the insurance adjuster, arbitrator, judge, or a member of the jury. What proof would be necessary to help you decide what would be the greatest amount of money to award for past loss of income, future loss of income, or diminution in one's business? While there is no hard-and-fast rule as to what to present, you should be as comprehensive and creative as possible. You should discuss all aspects of your business with us so that a comprehensive loss of income claim for your personal injury or medical malpractice case can be developed and presented.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case. Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.

How To Collect Money in a Case Where There Appears To Be No Insurance Coverage

An intentional tort involves an action or activity calculated to harm or offend the victim. Examples of these torts include assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, trespass to land, and trespass to chattels (taking personal property). In certain situations, the conduct involves not only tort law but also criminal law.
The problem with intentional torts is that in many cases there is no insurance coverage available to compensate the injured party for his or her injuries. For example, if a person assaults you and causes you serious injury, you could not successfully submit a claim to that person's homeowners or automobile insurance company, as coverage would be denied. To receive compensation, you would then have to look to the assets or property owned by the person who committed the tort. In many instances, the offending party will have few, if any, assets. Therefore, you would have little chance of collecting any money for your injuries.
You might have a strong case in which the liability or fault of the offending party is clear, and also you may have sustained significant damages that would make your case worth a lot of money. Nevertheless, if an attorney is not able to collect any of these funds, there is no economic incentive for an attorney to take the case, because no one is likely to receive any money even if the case is successful.
It is important to consult with an experienced personal injury lawyer to review the facts of your case and the various potential theories of liability that might provide for insurance coverage, perhaps even from a third party. For example, if a bar serves alcohol to an intoxicated person who later starts a fight with another patron and causes an injury to that patron, then the bar might be liable for serving too much alcohol to the party who started the fight. You might have other causes of action available to you against others who might be insured which could allow for the recovery of money damages.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case
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Hit and Run Accidents and How To Get Compensated

Hit and Run accidents are the result of one party causing damage to another party's property or person and leaving the scene before producing the proper driver documentation. A hit and run is a term used for the failure of a motorist to stop after an accident in which he is involved. It is also called leaving the scene of an accident, hit-skip, hit and run, and failure to render aid. Any person involved in an accident must provide information and render aid, if necessary. A hit and run is basically failure on the part of a driver to accept responsibility for their part in a motor accident. It is a serious offense. In 47 states it is considered a felony. In three states - Kentucky, Montana and Utah, it is a misdemeanor. A first time offender can if convicted will be required to pay the victim for damages done to the vehicle, either through his insurance company or in fines assessed by the authorities. In states where insurance points are assessed, the offender will be tacked a high number of points. If the accident cases injuries to another person, besides paying damages, the driver can lose his license and insurance. A hit and run accident can also result in the death of a person. In such cases, the driver will be guilty of a felony.

A victim of a hit and run accident can potentially recover damages for physical pain and suffering, mental anguish, additional medical costs, the loss of any physical ability, any lost earnings or any diminished earning capacity. The claim for damages must be filed within a prescribed period known as the statute of limitation. The statute of limitation varies from state to state. But the biggest problem in most hit and run cases is that the driver and the vehicle are seldom identified. If the driver and the vehicle are identified, the claim can be easily filed against the driver. But if the driver is uninsured, then the victims will have to fall back on their own auto insurance policies.

Criminal prosecution requires identification of the driver of the hit and run vehicle. If the driver and the vehicle cannot be identified, the victims must once again fall back on their own auto insurance policies if they hope to collect benefits based on the uninsured and underinsured motorists' coverage they have purchased. Such victims must then seek damages under state laws and perhaps from a third party.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case"
Please visit http://www.selectcounsel.com/ to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

Why You Need To Hire A Lawyer For Your Serious Injury Case

You should be aware that studies have shown that experienced personal injury and medical malpractice lawyers can negotiate settlements and obtain judgments that are often considerably higher than what the injured parties can negotiate for themselves. In other words, in most cases, you will do better after paying the lawyer than you would if you attempted to negotiate your own settlement with insurance company claims adjusters. Insurance company claims adjusters are professional negotiators who have extensive experience in dealing with claimants who are not represented by attorneys. These adjusters use an array of psychological techniques, including intimidation and befriending you. Their methods are designed to get you to accept the least amount of money possible for your claim. Claims adjusters know that if they can keep the injured party negotiating, there is a very great chance that a settlement favorable to the insurance company will be obtained. Claims adjusters also know that in almost every case, injured parties will not file a lawsuit on their own because they do not have the required level of skill, expertise, or experience. They often feel that their only option is to obtain some type of settlement from the insurance company. In many instances, claims adjusters will discourage or dissuade injured parties from hiring a lawyer by telling them that lawyers' fees will cost a great deal of money, leading claimants to conclude that they shouldn't pay a lawyer to do something they can do for themselves. Insurance companies utilize a number of different types of computer programs to analyze personal injury cases in an effort to give insurance adjusters little, if any, discretion in negotiated settlements. This strategy will ultimately result in lower settlements for injured parties. In addition to the above considerations, there are many complicated issues that arise in a personal injury or medical malpractice case. These various legal issues are fraught with potential problems and are so complex that sometimes they can even be the subject of a malpractice action against an attorney who improperly handles a case. A nonprofessional has little chance of navigating these depths successfully without an experienced injury lawyer's assistance. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

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Surgical Errors and Surgical Malpractice

Each year thousands of surgeries are performed in the United States. Most of them go as planned but some go horribly wrong due to medical malpractice, medical negligence, errors and mistakes on the part of the surgeons. It has been reported that nearly 98,000 Americans die each year as a result of medical mistakes and errors including surgical errors. A person undergoing surgery, however, does not typically anticipate surgical complications. The patient reasonably believes that the surgeon and medical team performing the procedure are competent, experienced, and prudent enough to perform the surgery without committing surgical errors. Surgical mistakes and errors include errors committed by the surgeon, anesthesiologist, or hospital nursing personnel. Surgery errors can result in injuries far beyond any anticipated possible outcome. A surgical negligence can result in pain, repeating the surgery, scarring, and sometimes wrongful death. Common types of wrong site surgery include:
Wrong-site surgery - operating in the wrong area of the body. Common types of wrong site surgery include: Wrong organ removed Wrong limb amputated Surgery on the wrong side of the body Surgery on the wrong vertebral level of the spine Surgery on the correct site/wrong level or area (such as surgery on the correct hand, but the wrong finger)
Wrong surgical procedure - this can include removing the wrong part of the body, such as limbs, organs, and tissue.
Surgical instrument left in the body - retractors, sponges, and surgical towels can all be left in the body. This generally happens due to negligence on the part of the surgeon and the hospital staff. A surgical error can also result from inadequate sanitation and the use of dirty instruments. Failure to follow proper sanitation procedures can lead to the spread of infection from one patient or instrument to another, resulting in sometimes serious, life-threatening injuries and a very painful, prolonged recovery time. Problems with post-operative care also fall under the heading of surgical malpractice. Failure to provide proper post-operative care can cause pain and may require another surgery. Surgery malpractice can leave a patient with permanent complications including brain damage, paralysis, coma, nerve damage, organ damage, blood clots and infections. At times surgical errors can also be fatal. The common causes of surgical errors are poor pre-operative planning, procedural errors and post operative injuries. Medical practitioners despite their good intentions, skill and training, may and do commit mistakes. But the medical profession demands that medical practitioners to be attentive, competent, and careful in administering their services. The lives of people are at stake. Surgical errors are a result of the failure to exercise the necessary care. A victim of surgery malpractice can file a lawsuit for compensation for the suffering and pain caused by the surgical error. Each state has its own law on surgical errors. If the surgical mistake proves fatal, the survivors of the victim can file a claim for wrongful death.
If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Nursing Home Malpractice

Medical malpractice is the deviation from the acceptable medical standard of care which causes results in some type of harm to the patient. It can and does happen in a health care facility including nursing homes. Nursing home malpractice is any intentional act or negligence committed by a nursing home professional and/or staff member that potential causes physical, economic, or psychological harm to the residents. Malpractice can occur if the care provided deviates from accepted standards of practice in the community and causes injury or death to the resident. While most facilities attempt to provide competent care, there are instances when the quality of care is not up to standards, and as a result medical malpractice occurs. General neglect is the most common nursing home malpractice and could include:

Failure to assist in personal hygiene
Failure to provide appropriate medical care
Failure to provide appropriate food, clothing, and shelter
Failure to prevent or treat malnutrition and dehydration
Failure to prevent falls
Failure to provide a safe environment

Any act or failure to act perpetuated by staff member that causes harm to a resident could be considered nursing home malpractice. Signs of or symptoms of these problems can include bedsores, pressure sores, infections, dehydration, malnutrition, unexplained ailments, undetected or misdiagnosed medical conditions, slip and fall accidents, medication errors, inappropriate physical restraint, untreated pain, and related indications of injury and/or death to the residents. Nursing home malpractice also includes inadequate staffing, inexperienced or under-trained staff, negligent supervision, and patient isolation.

When the minimum standards governing the nursing home industry not met, the party responsible can be held accountable for any damages caused by the malpractice. Elder abuse in a nursing home is also a malpractice. There are different types of elder abuse: physical abuse, financial abuse, sexual abuse, emotional abuse, neglect and health care fraud.

A victim of nursing home malpractice can file a claim for malpractice. The claim must be made within the statute of limitation which varies from state to state. The victim must generally prove four elements in a nursing home negligence claim: (1) a duty of care was owed by the nursing home; (2) the home violated the applicable standard of care; (3) the victim suffered a compensable injury; and (4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the victim. Sometimes nursing home malpractice can also result in the death of the resident. In such cases, the survivors of the deceased resident can file a claim for wrongful death against the nursing home and its staff. To prove a nursing home malpractice case, expert testimony may be need to provide that employees of the nursing home failed to render care and treatment that meets the prevailing standard of care in the industry, and that this breach of the standard of care caused the resident's injury or death.

If you suspect you are a medical malpractice victim or nursing home malpractice for any reason, it is recommended that you seek legal advice immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Structured Settlements and How They Can Benefit You

In 1982 Congress enacted the Periodic Settlement Act which adopted certain rules to encourage the use of structured settlements to resolve tort cases. Under a structured settlement, an injury victim does not receive compensation for his or he injuries in one lump sum. Instead, the injured party will receive periodic payments which will be made over an agreed upon period of time.
The major benefit of a structured settlement is that the full amount of the structured payments are tax free to the injured party. If a lump sum payment was to be received by an injured party all earnings made upon that lump sum are usually fully taxable.
Because a structured settlement is a voluntary agreement made by the injured party, payments can be tailored to meet the needs and requirements of that party in determining the times that the payments will be received.
In a structured settlement agreement, in most cases, the defendant (usually an insurance company) agrees to find a type of investment vehicle that will provide for a future stream of income. The preferred way of funding is thought an annuity usually purchased through a life insurance company.
It is recommended that you at least investigate a structure settlement agreement, if at all possible, to see if that choice provides you with an attractive alternative to a lump sum payment. Naturally, this decision should be discussed at length with your attorney and any other professionals who can properly assist you in this decision.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

What is Emergency Room Malpractice and How Does It Happen?

1. What is ER Malpractice and How Does It Happen?

These errors occur when a person goes to an emergency room and rather than receiving appropriate treatment the patient instead becomes the victim of hospital malpractice or doctor malpractice and leaves the hospital with additional and more complicated medical problems. The acceptable standard of care in this setting includes the responsibility to identify the medical condition and/or problem and then to take the appropriate corrective action.

2. What Are Some Common Examples of Emergency Room Errors:

- Failure to properly diagnose a serious medical condition;
- Failure to treat a serious medical condition;
- Untimely diagnosis of a serious medical condition;
- Untimely treatment of a serious medical condition, such as stoke, embolism, blood clot or heart attack;
- Failure to obtain informed consent for a medical procedure;
- Miscoding or misinterpretation of a diagnostic test such as an x-ray, CT scan or MRI

3. What Are Some Complications That Can Result From ER Malpractice?

The injuries sustained by these victims of hospital malpractice are quite diverse and can range from stroke to paralysis to coma and even death.

4. What Should I Do If I Have Been The Victim Of Medical Malpractice?

If you are the victim of emergency room malpractice you should contact a medical malpractice lawyer immediately. Your attorney should be able to line up a team of experts to help you develop and present your case. In most instances, all of these costs will be advanced by the law firm and will only be repaid upon the successful conclusion of your case.

If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Anesthesia Malpractice and Anaesthesia Mistakes

Errors in the administration or monitory of anesthesia, or the British spelling
anaesthesia, can cause very serious problems including brain damage and even death. Whenever you have any type of invasive surgical procedure different kinds of anesthesia may be needed to help alleviate pain.

The drugs given to a patient during surgery make the patient completely reliant on the anesthesiologist for insuring their proper breathing. Many times the administration of the anesthesia can be more dangerous to the patient than the surgery itself.

Although anesthesia related deaths are down from approximately one in every 5,000 cases 20 years ago to about one death per 250,000 cases, nurse anesthesia malpractice accounts for almost twenty percent of all nurse malpractice cases in 2006.

Some of the leading causes of anesthesia malpractice include:
- Failure to obtain informed consent;
- Failure to give the patient proper pre-anesthesia instructions;
- Overdose of anesthesia drugs;
- Adverse interaction between drugs;
- Intubation complications;
- Failure to properly monitor the patient;
- Defective equipment;
- Oxygen administration complications;
- Improper monitoring of blood pressure, pulse and respiration.

Anesthesia errors can cause a number of complications which could include:

- Heart attack;
- Nerve damage;
- Paralysis;
- Stroke;
- Brain damage;
- Coma;
- Seizures;
- Death

Not every unexpected adverse reaction to anesthesia is the result of
medical malpractice or doctor malpractice however sometimes the errors anesthesiologists make result in anesthesiologist malpractice which could result in an award of money damages for:

- Past medical bills;
- Future medical bills;
- Rehabilitative care;
- Vocational training;
- Loss of income;
- Pain and suffering;
- Permanent disability;
- Spousal loss of consortium

If you suspect that you or someone you know is the victim of anesthesiologist
malpractice please fill out our brief on line form to us see if we might be able to help you.
If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Are Medications A Prescription For Medical Errors And What You Can Do To Help Prevent Them

According to The Joint Commission Sentinel Event Statistics, medication error events reached an all-time high in 2007. Statistics for 2008 reveal medication errors at 8.7% of all medical errors reported.

The Federal Drug Administration determined the most common fatal medication errors were:

· Administration of an improper dosage (41%)
· Administering the wrong drug (16%)
· Improper route of administering the drug (16%)

The FDA concluded people over the age of 60 comprised almost one-half of the fatal medication errors, likely because of a higher risk in this age group due to multiple medications prescribed. Children were also found to be in jeopardy as medications strengths are prescribed based on their weight. An inaccurate calculation can be fatal in children.

These frightening statistics demonstrate the grave possibility of medical errors or prescription malpractice occurring. Fortunately, there are some steps you can take to reduce your risk of becoming a victim of a medical error.

· Ask your doctor what medication you are being prescribed and what its intended function is. Request the purpose of the medication be included on the prescription order. This can clarify which medication the pharmacist is to dispense if there is any confusion with the doctor’s handwriting or abbreviations.

· If you are in the hospital, ask the doctor what medications have been prescribed and why. If your medical condition prevents you from obtaining this information, have a family member or friend inquire.

· Be sure you understand the directions for taking the medication. If the dosage is 4 times daily, ask whether this means every six hours or 4 times during waking hours. Some medications need to taken with food to avoid gastrointestinal aggravation. Other medications, food or beverages may interact negatively with already prescribed medication. Storage of your medication is another question to ask. Does it need to be kept in the refrigerator or a cool dark place?

· Side effects of medications can cause unpleasant symptoms or urgent medical situations. Be sure that your doctor or pharmacist explains the possible side effects and what to do if any side effects occur.

· Read the prescription bottle label every time you take your medication. Many pills and tablets appear similar and are easily mistaken. If your medication is in liquid form, use the measuring device provided with the medication. Do not use tablespoons or teaspoons from your kitchen.

· If you are taking multiple medications, have the pharmacist prepare your prescriptions in blister packs to assist you in taking your medications at the appropriate time. Blister packs divide your prescriptions into individual dosages and indicate what time each dosage is to be taken.

· Compile a complete list of your medications, including any over the counter pharmaceuticals, herbal remedies, dietary supplements, vitamins, laxatives, sleeping aids and birth control pills, and provide it to your doctor. Bring the list with you each time if you visit more than one doctor.

· Advise your doctor and pharmacist of all drug allergies. When you are prescribed a medication, double check with the doctor that is not part of the drug family that caused you to have a previous allergic reaction.

· Fill all your prescriptions at the same pharmacy so one pharmacy has your complete records. When you pick up your prescription, check the name and dosage on the bottle. If it is a repeat prescription examine the tablets to make sure they are the same color and shape as previous prescriptions.

Medical errors happen. Your best defense against a medical error is taking a pro-active stance in your healthcare. If you suspect that you are the victim of prescription medication malpractice you should contact a qualified medical malpractice lawyer immediately for advice.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Types and Causes of Birth Injuries

1. What is a birth injury and how does it occur?

Birth injuries can be caused by mistakes made by doctors or hospitals in a number of different ways which could include: * Excessive force used in the delivery of the baby including the use of forceps; * A delay in the performance of a necessary C-section; * Failing to recognize on a timely basis that the baby is in distress; * Depriving the baby of oxygen during the delivery; * Failure to order specific tests during pregnancy and/or not properly interpreting tests; or * Lack of oxygen to the brain or trauma to the head during labor and delivery.

2. What problems are associated with birth injuries:
Because the types and degrees of birth injuries are so varied, the problems associated with these injuries can be quite different. The problems associated with birth injuries could include: * Mental and physical developmental problems having lifetime implications; * Brain damage; * Respiratory Problems; * Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or * Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.

3. If my child suffered a birth injury what should I do?
It is extremely important to have an experienced medical malpractice injury attorney who has expertise in the handling and presentation of birth injury cases.An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.

4. How do I go about getting experts to help me with my case?
Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

6. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

Burn Injuries and Obtaining Compensation

Millions of people each year suffer some type of significant burn injury and hundreds more die as a result of their injuries. Burn injuries can have very serious, long lasting medical effects which can affect a person’s appearance, their psychological well being and can cost them tens of thousands of dollars in medical bills.

Burns can be caused in a number of different ways which would include:
- Gas explosions
- House fires and apartment fires resulting from someone’s negligence
- Automobile, motorcycle, SUV rollover, truck or other motor vehicle accidents
- Defective appliances or smoke detectors
- Electric accidents
- Cooking accidents
- Exploding furnaces, stores, boilers or other appliances
- Chemical spills
- Workplace accidents
- Water heater malfunctions
- Industrial accidents or
- Electrocution

The most serious of all injuries is a third degree burn which penetrates all layers
of the skin. Third degree burns may involve the permanent loss of skin and tissue and may cause permanent, ugly and disfiguring scarring as well as nerve damage. Burns can also be classified as a result of the cause of the burn which could include: heat or thermal burns caused by hot objects, steam or fire; chemical burns occur after a person comes in contact with a chemical in either a solid, liquid or gas state; an electrical burn caused by an electric source or lightning; radiation burns caused by radiation treatment, x-rays, tanning booths, sunlamps or the sun; and friction burns which occur through contact with roadways or other surfaces.

A person who has a serious burn injury as a result of the negligence of another may be entitled to compensation for:
Part and future medical bills;
Cosmetic and reconstructive surgery;
Physical therapy;
Occupational or vocational therapy;
Psychological counseling;
Pain and suffering;
Scarring;
Past and future cost of income; and
Loss of consortium for a spouse.

If you or someone you know has received serous burns through the fault of another you need to seek the advice of a burn injury lawyer immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

Airplane or Airline Crash Cases

1. What are the causes of airplane crashes?
Although commercial airline travel is generally considered to be one of the safest methods of travel, tragedies can and do occur.
The causes of airplane crashes are many and may include: * Inadequate security, resulting in hijacking; * Equipment malfunction or failure; * Pilot error; or * Control tower error.

2. If I have, or someone I know has, been in an airplane crash, what should I do? It is extremely important to have an experienced aviation attorney who has expertise in the handling and presentation of an airplane crash case. It is critical not to do anything that might have a negative affect upon your case. An experienced injury lawyer might advise you not to give any statements or sign any authorizations, so it is important to get the advice of an experienced attorney before you do something that could have a negative impact upon your case.

3. How do I go about getting experts to help me with my airplane crash case? An attorney experienced in aviation cases will be able to suggest a team of experts that can range from doctors, to, depending upon your case, a private investigator, and economists to help develop your case.

4. Who will pay the expenses of hiring all of these experts?In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

5. Why should I contact SelectCounsel.com about my case? Selectcounsel.com has access to attorneys who are considered to be among the best in their area of practice throughout the United States. Selectcounsel.com can refer you to one of the best personal injury, wrongful death or medical malpractice lawyers in your area and arrange for a free consultation for you to speak with one of those lawyers.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Closed Head Injuries or Traumatic Brain Injuries

1. What is a closed head injury?
A closed head injury refers to damage caused to the brain from an injury resulting in no visible trauma to the skull. These injuries may also referred to as a traumatic brain injury or TBI.
2. What are the causes of closed head injuries?
Motor vehicle accidents account for the majority of closed head injuries. Other examples of closed head injuries include: * Falls; and * Sports and recreational accidents.
3. What are the general symptoms of a closed head injury?
Because the types and degrees of closed head injuries are so varied, the general symptoms can be quite different. The physical symptoms can range from inability to remember, difficulty in concentrating, difficulty in understanding and processing information, loss of balance, and loss of sense of time.
4. How do I go about proving the seriousness of my closed head injury?
There are a great number of issues that must be investigated and documented regarding a closed head injury.
It is important to have proper tests done by medical experts to understand the nature and extent of your closed head injury.
It may also be helpful to employ other experts to help develop and explain how your injuries have affected you and how they will affect you for the rest of your life.
5. How do I go about getting experts to help me with my closed head injury case?
It is very important to have an experienced personal injury attorney who has expertise in the handling and presentation of closed head injury claims. Your injury lawyer will be able to suggest a team of experts that can range from private investigators to psychologists to vocational rehabilitation therapists to economists to help develop your case.
4. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
5. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
If you believe you may have a closed head injury case, please use our online form and tell us about your case.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

How To Prepare To Give Sworn Testimony in Your Personal Injury or Medical Malpractice Case

No matter how well prepared you are, it is impossible to predict what will happen when you give sworn testimony under oath. Your testimony can be one of the most important factors in positively influencing a jury in any medical malpractice or personal injury lawsuit. If a jury finds you to be credible and persuasive then the opportunity for you to obtain a more favorable verdict (obtain more money) is greatly enhanced. This is true not only in court but also in any situation where you are giving sworn testimony which would include depositions.
The best advice you can have is to relax, be yourself, take your time and give all answers truthfully and to the best of your knowledge.
The following list attempts to cover some of the general rules you should follow when giving sworn testimony.
1. TELL THE TRUTH
Honesty is the best policy and nowhere is this truer than while you are under oath. When you are unable to recall something with 100% accuracy you should avoid a yes or no answer and instead reply that you are testifying from memory and that your response is accurate to the best of your ability to remember.
2. ANSWER ONLY THE QUESTION ASKED
The best way to do this is by giving a very brief answer (one word or one sentence). If the question is: Do you know that time it is? The answer is not: It is 9:30 a.m. The answer is either: Yes or no.
3. DO NOT VOLUNTEER INFORMATION
Answer only the question asked. Offering information only creates potential problems.
4. FULLY ANSWER QUESTIONS THAT CAN HURT THE OTHER SIDE OR HELP YOUR CASE
If you are asked to list every activity that you cannot engage in now as a result of your accident or malpractice case, you should be prepared to give a comprehensive, all inclusive list.5. USE THE NINE WORD MAGIC ANSWER
When asked by Defense Counsel "Is that all?” you should use the nine word magic answer - THAT IS ALL I CAN RECALL AT THIS TIME.
6. THINK ABOUT THE QUESTION
Think about the question before answering it. Remember the example, “Do you know what time it is?"
7. OBEY THE APPROXIMATION RULE
Use the word approximately when giving a time, date, speed, distance, etc.
8. DO NOT GUESS
You should never guess at an answer without explaining that you are approximating.
9. NEVER SAY NEVER OR ALWAYS
These words can be used against you and are not necessary to fully answer a question.10. LET THE OTHER ATTORNEY FINISH ASKING A QUESTION BEFORE ANSWERING
Do not anticipate the question or interrupt opposing counsel.
11. POINT OUT WHEN YOU ARE INTERRUPTED
If you are interrupted by opposing counsel, let the attorney go ahead and finish speaking. You should then respond with "I'm sorry, but I had not completed my answer to the previous question."
12. WHAT TO DO WHEN YOU DO NOT UNDERSTAND THE QUESTION
You can tell opposing counsel that you do not understand the question and ask for clarification or ask to have the question restated or rephrased.
13. ALWAYS BE POLITE
Courteous witnesses make a positive impression on the listener.
14. CLIENT APPEARANCE AND DEMEANOR
You should dress and behave appropriately. Wear clothes you would normally wear for a celebration dinner or to a religious service. Witnesses who are neat, calm, articulate, and polite rarely go wrong.
15. TRAPS FOR THE PLAINTIFF
Questions regarding how much money you are looking for or what is meant in any of the legal documents are meant to trip you up. You should answer questions such as these by saying "You would have to ask my lawyer that question." If you are asked to state everything you can no longer do, you should state after you have listed those things, "That is all I can recall at this time."
The above information is only a brief summary of some of the basic items which should be addressed when giving sworn testimony in an accident case or doctor, hospital or medical malpractice case. There are a great number of other instructions which should be followed in such a situation. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.
It is very important that you contact us, at the earliest possible moment, at www.selectcounsel.com, so we can arrange to get you one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

Erb's Palsy and Medical Malpractice

1. What is Erb's palsy?
Erb's palsy or brachial plexus palsy or shoulder dystocia occurs when excessive traction is applied to the fetal neck area during delivery which results in the compression of the brachial plexus nerves. Erb's palsy can cause a number of problems which may include: * Problems in controlling arm muscles * Problems with controlling various arm functions * Problems with normal arm growth
2. If my child is suffering from Erb's palsy what should I do?
It is extremely important to have an experienced medical malpractice injury attorney who has expertise in the handling and presentation of Erb's palsy cases. An attorney should be contacted immediately if one suspects that the Erb's palsy was caused by medical negligence.
3. How do I go about getting experts to help me with my case?
Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.
4. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
5. Why should I contact SelectCounsel, LLC about my case? SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States. SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
If you suspect your child suffers from Erb's palsy as a result of medical negligence, please use our online form and tell us about your case.


Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Signs of Nursing Home Abuse and What To Do About It

1. What is nursing home abuse?
Nursing home abuse occurs when an elderly person is abused or neglected in a nursing home.
2. What are some causes of nursing home abuse?
Nursing home abuse can occur as a result of a great umber of situations, some of which may include: * Substandard care which could result in the death of the nursing home resident * Falls in nursing homes resulting in broken bones * Improper nutrition * Improper hydration * Improper rehabilitative care * Residents wandering outside the nursing home and injury themselves.
3. How do I know if I have a nursing home abuse case?
Almost any serious injury or death related to substandard care in a nursing home might justify an award of money damages from the company or entity that is responsible for providing this care.
4. How do I go about getting experts to help me with my traumatic brain injury case?
It is very important to have an experienced personal attorney who has expertise in the handling and presentation of a nursing home abuse case. Your attorney will be able to suggest a team of experts that can range from private investigators to engineers to doctors to economists to help develop your case.
5. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
6. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

DOG BITE INJURIES AND WHAT TO DO

In 2007, statistics reveal 43,021,000 households, or 37.2% of all households in the United States, own, on average, 1.7 dogs.

A National Centers for Disease Control and Prevention survey indicated in excess of 4,700,000 people are bitten by a dog annually. Of those, 800,000 require medical attention. Nearly 368,000 victims require treatment at hospital emergency rooms.

If you are the victim of a dog bite attack or injury you should do at least the following:
Identify the animal that bit you so the owner or keeper can be located and the animal can be tested for rabies; contact the police or dog warden; locate and get the names, addresses and phone numbers of any witnesses including what they might be willing to say; get medical attention; get the name, address and phone number of the owner, if possible; take pictures of all of your injuries; save all damaged or blood stained clothing; and contact an experienced dog bite attorney as soon as possible.

Negligence for personal injuries resulting from a dog bite may be attributed to the dog owner, the dog handler, people who possess dogs, and possibily anyone connected to the dog. Most states have “dog bite statutes,” which hold the owner or keeper of the dog strictly liable for any damages or injuries caused by their biting pet.

Therefore, an owner or keeper who permits a dog to go free without a leash, fails to protect guests from injury by the dog or his or her dog escapes confinement or is not confined to and who later bites someone might be liable. Additionally, unless you fall within certain limited exceptions to the dog bite statute you might be able to collect money damages from the responsible party or parties.


Negligence and liability are complicated legal issues best determined by a qualified personal injury attorney.

Dog bite victims may be entitled to compensation for the following:

· Past medical treatment
· Future medical care
. Scarring
· Psychological counseling
· Medication expenses
· Pain and suffering
· Loss of wages
· Future disability
· Damage or destruction of clothing or other property
· Loss of consortium claim for a spouse

In some states, the law recognizes that people, beside the bite victim, might also suffer compensable losses. A witness related to dog bite victim (a parent for example) who witnesses the attack may have a claim for bystander emotional distress. A spouse of the victim who is incapacitated might be entitled to compensation for loss of consortium. Family members of a victim who dies from injuries caused by a dog can sue for wrongful death.

Many dog bites and attacks occur to children who sometimes receive serious injuries because of their size. Other cases may involve serious and permanent scars as well as nerve damage.

Victims of dog bites suffer trauma, pain, wage loss and a wide variety of claims dependent on their lifestyle. If you or a family member have been bitten by a dog and suffered injuries, it is recommended that you contact a qualified personal injury lawyer immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Slip and Fall Down Cases

1. What is a Slip and fall down case?
A fall down case or what is commonly referred to as a slip and fall accident occurs when a person falls through the fault or negligence of another.
2. What are some causes of Slip and fall down cases?
* Fall down cases can occur as a result of a great number of situations, some of which may include: * A slippery surface; * Improper or defective flooring; * Objects that extend into the walking area; * Poor lighting; * Uneven surfaces; or * Conditions where a hazard exists and no warnings are posted.
3. Is the owner or tenant of the property liable for your injuries?
The laws of each state set forth certain principles that determine whether or not a property owner and/or tenant are liable. The status of the injured party might be important in determining liability. Was the injured party a business customer, a social guest, a letter carrier or a trespasser?A general statement that might cover most fall down cases is that the owner or person in charge of the property must exercise reasonable care in the maintenance of their property and has a duty to warn visitors of any dangerous or defective conditions that are known or should be known by them.
4. What should I do if I am involved in a fall down incident?
It is very important to contact an experienced personal injury lawyer who has expertise in the handling and presentation of fall down cases. An experienced personal injury attorney might advise you to: * Get the names of all of the witnesses to your fall; * Get photographs of the fall site including the dangerous condition; and * File a report about the fall.An experienced personal injury attorney might also hire a private investigator to uncover and develop the supporting evidence and testimony that would be necessary to advance your claim as well as be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.
5. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
6. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

What is a Birth Injury and How Does It Occur?

1. What is a birth injury and how does it occur?
Birth injuries can be caused by mistakes made by doctors or hospitals in a number of different ways which could include: * Excessive force used in the delivery of the baby including the use of forceps; * A delay in the performance of a necessary C-section; * Failing to recognize on a timely basis that the baby is in distress; * Depriving the baby of oxygen during the delivery; * Failure to order specific tests during pregnancy and/or not properly interpreting tests; or * Lack of oxygen to the brain or trauma to the head during labor and delivery.
2. What problems are associated with birth injuries:
Because the types and degrees of birth injuries are so varied, the problems associated with these injuries can be quite different. The problems associated with birth injuries could include: * Mental and physical developmental problems having lifetime implications; * Brain damage; * Respiratory Problems; * Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or * Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.
3. If my child suffered a birth injury what should I do?
It is extremely important to have an experienced medical malpractice injury attorney who has expertise in the handling and presentation of birth injury cases.An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.
4. How do I go about getting experts to help me with my case?
Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.
5. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
6. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

Understanding Cerebral Palsy and What To Do About It

1. What is cerebral palsy?
Cerebral palsy is a phrase that describes a group of disorders that affect the ability of a person to control their muscles. Cerebral palsy is a disorder of the brain that can cause a number of problems which may include: * Problems in controlling muscles * Problems with walking * Problems using one's arms or legs * Seizures
2. What are some of the causes of cerebral palsy?
Although there is no one single cause of cerebral palsy, it may be caused by mistakes made by doctors or hospitals. Cerebral palsy can be caused in a number of different ways which could include: * Excessive force used in the delivery of the baby including the use of forceps * A delay in the performance of a necessary C-section * Failing to recognize on a timely basis that the baby is in distress * Depriving the baby of oxygen during the delivery * Failure to order specific tests during pregnancy and/or not properly interpreting tests * Lack of oxygen to the brain or trauma to the head during labor and delivery
3. If my child is suffering from cerebral palsy what should I do?
It is extremely important to have an experienced medical malpractice injury attorney who has expertise in the handling and presentation of cerebral palsy cases.An attorney should be contacted immediately if one suspects that the cerebral palsy was caused by medical negligence.
4. How do I go about getting experts to help me with my case?
Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.
5. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
6. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case

TRAUMATIC BRAIN INJURY- TBI

1. What is a traumatic brain injury?
A traumatic brain injury or "TBI" refers to damage caused to the brain that results from an open or closed head injury the results of which are expected to continue indefinitely and creates a substantial handicap to the individual. A person is said to have a traumatic brain injury (TBI) when that person has had a traumatically induced physiological disruption of brain function.A person can suffer a traumatic brain injury as a result of: * Their head being struck by an object; * Their head striking an object; or * Their brain experiencing an acceleration/deceleration movement (usually from an accident) without direct external trauma to the head.
2.What are the causes of traumatic brain injuries?Motor vehicle accidents account for the majority of brain injuries. Other examples of traumatic brain injuries include: * Falls; * Firearm related incidents; and * Sports and recreational accidents.
3. What are the general symptoms of a traumatic brain injury?Because the types and degrees of traumatic brain injuries are so varied, the general symptoms can be quite different. The physical symptoms can range from coma and paralysis to seizures to headaches and extreme fatigue. One can also experience memory loss, attention impairment, language impairment, conduct changes and disorders, motor disorders, difficulty in understanding and processing information, loss of balance, loss of sense of time and any other neurological dysfunction. A traumatic brain injury may be manifested by: * Any period of loss of consciousness; * Any loss of memory for events either before or after the accident; or * Any alteration in the mental state of a person at the time of the accident (i.e., confusion or disorientation).
4. How do I go about proving the seriousness of my traumatic brain injury? There are a great number of issues that must be investigated and documented regarding a traumatic brain injury.It is important to have proper tests done by medical experts to understand the nature and extent of your traumatic brain injury.It may also be helpful to employ other experts to help develop and explain how your injuries have affected you and how they will affect you for the rest of your life.
5. How do I go about getting experts to help me with my traumatic brain injury case?It is very important to have an experienced personal attorney who has expertise in the handling and presentation of traumatic brain injury claims. Your attorney will be able to suggest a team of experts that can range from private investigators to psychologists to vocational rehabilitation therapists to economists to help develop your case.
6. Who will pay the expenses of hiring all of these experts?In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
7. Why should I contact SelectCounsel, LLC about my case?SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
If you have suffered a traumatic brain injury, please use our online form at www. selectcounsel.com and tell us about your case.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”

Wrongful Death Cases

1. What is a wrongful death case?
A wrongful death case alleges that someone's wrongful conduct results in the death of another.A surviving dependent or beneficiary of the deceased person could start a case against the person responsible for the death of the deceased. The damages could include physical and mental suffering, loss of earnings, medical and funeral expenses.The surviving spouse and children may also be able to pursue a wrongful death claim against the responsible party for damages that they incurred as a result of the relative's death.
2. If I have a wrongful death case what should I do?
It is extremely important to have an experienced personal attorney who has expertise in the handling and presentation of a wrongful death case.It is critical not to do anything that might have a negative affect upon your case. An experienced attorney might advise you not to give any statements or sign any authorizations so it is important to get the advice of an experienced attorney before you do something that could have a negative impact upon your case.
3. How do I go about getting experts to help me with my wrongful death case?
An attorney experienced in wrongful death cases will be able to suggest a team of experts that can range from attorneys, to, depending upon your case, a private investigator, doctors, and economists to help develop your case.
4. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
5. Why should I contact SelectCounsel, LLC about my case?
SelectCounsel, LLC has access to attorneys who are considered to be among the best in their area of practice throughout the United States.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

SPINAL CORD INJURIES

1. What is a spinal cord injury and how do they happen?
Usually injuries to the spinal cord, as opposed to a spinal fracture, do not result in a cut through the spinal cord but instead they crush the thin extension of nerve cells that are surrounded by the vertebrae.Spinal cord injuries are most commonly caused by motor vehicle accidents. The next most frequent causes are violence, mostly related to firearms. Work related injuries (predominately from construction work) are most frequent in adults while sports related injuries occur more commonly in children and teenagers.
2. Who sustains the most spinal cord injuries and what parts of the spine are most commonly affected?
Most spinal cord injuries are sustained by males between the ages of 16 and 30. More than half of all spinal cord injuries occur in the cervical spine (neck area) while one third occur in the thoracic spine (in the area where the ribs meet the spine) and the balance of the injuries occur in the lumbar spine (low back).
3. What happens with spinal cord injuries?
The injuries sustained by people with spinal cord injuries are quite diverse. Injuries can range form quadriplegia to loss of control over critical bodily functions to loss of sensations.
4. If I have sustained a spinal cord injury what should I do?
It is extremely important to have an experienced personal injury attorney who has expertise in the handling and presentation of a spinal cord injury case.It is critical not to do anything that might have a negative affect upon you case. An experienced attorney might advise you not to give any statements or sign any authorizations so it is important to get the advice of an experienced attorney before you do something that could have a negative impact upon your case.
5. How do I go about getting experts to help me with my case?
It is very important to have an experienced personal injury attorney who has expertise in the handling and presentation of serious injury cases. Your attorney will be able to suggest a team of experts that can range from private investigators to engineers to doctors to economists to help develop your case.
6. Who will pay the expenses of hiring all of these experts?
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
If you or someone you know has suffered a spinal cord injury please visit http://www.selectcounsel.com to see how we can help you find one of the best lawyers in your area for your serious injury case. The lawyers we recommend have been independently rated by other lawyers and judges as being among the very best in their field of practice.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
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Understanding The Patient’s Bill of Rights

Understanding the Patient’s Bill of Rights will enable you to take a pro-active role in your health care, understand your rights as a patient and minimize the occurrence of medical errors resulting in hospital malpractice or doctor malpractice.
The Patient’s Bill of Rights has three major goals:
1. To increase patient confidence in the health care system by:

· Ensuring a fair health care system that is responsive to patients’ needs;
· Providing patients with processes through which they can address their concerns;
· Encouraging patients to a take pro-active role in their health care.

2. To emphasis the significance of the relationship between patient and health care provider; and

3. To promote a pro-active health care attitude by the patient by establishing rights and responsibilities of the patient and health care provider.

There are 8 key sections to the Patient’s Bill of Rights.
Information Disclosure
You have the right to receive accurate and easily understood information about health plans, health professionals, health care facilities and consumer assistance programs. If you require aid to obtain or understand this information, you are entitled to appropriate services to assist you.
Choice of Providers and Plans
You have the right to a sufficient choice of health care providers to ensure that you have access to high-quality health care at the time it is required.
Access to Emergency Services
You have the right to health care services in emergency situations in whatever location you are in. Health care plans should provide funding in those circumstances where a patient has acute symptoms that indicate the patient’s health may be jeopardized without immediate medical care. You should not need authorization from your health care plan before medical attention is provided.
Participation in Treatment Decisions
You have both the right and responsibility to participate in decisions regarding your health care. If you are unable to exercise your rights and responsibilities, a duly authorized family member or other representative may undertake these on your behalf.
Respect and Nondiscrimination
You must not be discriminated against by health care providers on the basis on race, ethnicity, national origin, religion, sex, age, mental or physical disability, sexual orientation, genetic information or method of payment. You have the right to considerate, respectful care from health care providers.
Confidentiality of Health Information
You have the right to have your discussions with your health care providers held in confidence. Your health care records must also be confidentially protected. You have the right to access your records and copy them, as well as request amendments to the records.
Complaints and Appeals
You have the right to an unbiased procedure for resolution of complaints regarding health care providers, health care facilities and health care plans. This procedure includes an internal review and independent external review.
Consumer Responsibilities
You are expected to assume reasonable responsibilities to promote the success of your health care. These responsibilities include healthy dietary and exercise habits, disclosing all relevant information to health care providers, following health care providers’ advice, avoid knowingly spreading disease, being respectful to other patients and recognize the health care facilities obligations for their care as well, being informed about your health care plan and reporting any wrongdoing to the appropriate authorities.
While this is a general overview of the Patient’s Bill of Rights, it provides you with a basic knowledge of your rights and responsibilities for the next time you require medical assistance.
If you feel you are the victim of doctor malpractice or hospital malpractice you should contact a qualified medical malpractice attorney immediately for advice.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
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Informed Consent Elements and Patient Rights

As a patient you have the right to be fully informed by your primary health care provider about any treatments or surgeries that he or she recommends. It is the legal responsibility of your physician to obtain your informed consent. If your doctor does not obtain your informed consent prior to any procedures and you have suffered adverse consequences, you may have the right to sue for damages resulting from medical malpractice.

For an informed consent to be given, you must be provided with sufficient information regarding the procedure to make an educated decision. This information must include:

· Diagnosis;
· What the treatment is intended to accomplish;
· Benefits and risks associated with the treatment; and
· What alternative treatments are available.

There are two forms of informed consent: express consent and implied consent. Express consent is when the patient’s consent is given either in written form or verbally. Written express consents should have:

· The physician’s name who discussed the treatment plan with the patient;
· The name of the physician who will perform the tests or procedure; and
· The date and time the consent form was signed, along with the location of signing.

Implied consent is not given in written form or verbally. Implied consent arises when a health care provider performs necessary diagnostic tests or procedures that are part of medical treatment the patient has expressly consented to.

The informed consent is required before your doctor performs diagnostic tests or invasive treatment. Legally an informed consent is only valid for a specified period of time.

Once you have given informed consent, the physician is legally and ethically required to proceed. You have the option of withdrawing your consent at any time.

You have the additional right to refuse any treatment offered. Your refusal can be based on any personal reason, including religion. Once you have given informed refusal, the health care provider must ensure that you fully understand any possible consequences which may occur because you declined a recommended treatment. The doctor cannot, however, use coercion or deception to change your mind.

You are entitled to take time to consider your decision for an informed consent or refusal fully.

Although as a patient you are permitted to either consent to or refuse treatment, you cannot demand and receive tests or treatment your physician deems unnecessary or unsafe.

You, as a patient, have responsibilities as well regarding informed consents or refusals. It is mandatory you listen carefully to your physician as he or she explains the recommended health care plan and, if you do not understand anything, to ask questions until you feel you understand completely what is proposed.

If you feel that you are a victim of doctor malpractice or hospital malpractice as a result of lack of informed consent then you should contact a qualified medical malpractice lawyer immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”

Are Medications A Prescription For Medical Errors And What You Can Do To Help Prevent Them

According to The Joint Commission Sentinel Event Statistics, medication error events reached an all-time high in 2007. Statistics for 2008 reveal medication errors at 8.7% of all medical errors reported.

The Federal Drug Administration determined the most common fatal medication errors were:

· Administration of an improper dosage (41%)
· Administering the wrong drug (16%)
· Improper route of administering the drug (16%)

The FDA concluded people over the age of 60 comprised almost one-half of the fatal medication errors, likely because of a higher risk in this age group due to multiple medications prescribed. Children were also found to be in jeopardy as medications strengths are prescribed based on their weight. An inaccurate calculation can be fatal in children.

These frightening statistics demonstrate the grave possibility of medical errors or prescription malpractice occurring. Fortunately, there are some steps you can take to reduce your risk of becoming a victim of a medical error.

· Ask your doctor what medication you are being prescribed and what its intended function is. Request the purpose of the medication be included on the prescription order. This can clarify which medication the pharmacist is to dispense if there is any confusion with the doctor’s handwriting or abbreviations.

· If you are in the hospital, ask the doctor what medications have been prescribed and why. If your medical condition prevents you from obtaining this information, have a family member or friend inquire.

· Be sure you understand the directions for taking the medication. If the dosage is 4 times daily, ask whether this means every six hours or 4 times during waking hours. Some medications need to taken with food to avoid gastrointestinal aggravation. Other medications, food or beverages may interact negatively with already prescribed medication. Storage of your medication is another question to ask. Does it need to be kept in the refrigerator or a cool dark place?

· Side effects of medications can cause unpleasant symptoms or urgent medical situations. Be sure that your doctor or pharmacist explains the possible side effects and what to do if any side effects occur.

· Read the prescription bottle label every time you take your medication. Many pills and tablets appear similar and are easily mistaken. If your medication is in liquid form, use the measuring device provided with the medication. Do not use tablespoons or teaspoons from your kitchen.

· If you are taking multiple medications, have the pharmacist prepare your prescriptions in blister packs to assist you in taking your medications at the appropriate time. Blister packs divide your prescriptions into individual dosages and indicate what time each dosage is to be taken.

· Compile a complete list of your medications, including any over the counter pharmaceuticals, herbal remedies, dietary supplements, vitamins, laxatives, sleeping aids and birth control pills, and provide it to your doctor. Bring the list with you each time if you visit more than one doctor.

· Advise your doctor and pharmacist of all drug allergies. When you are prescribed a medication, double check with the doctor that is not part of the drug family that caused you to have a previous allergic reaction.

· Fill all your prescriptions at the same pharmacy so one pharmacy has your complete records. When you pick up your prescription, check the name and dosage on the bottle. If it is a repeat prescription examine the tablets to make sure they are the same color and shape as previous prescriptions.

Medical errors happen. Your best defense against a medical error is taking a pro-active stance in your healthcare. If you suspect that you are the victim of prescription medication malpractice you should contact a qualified medical malpractice lawyer immediately for advice.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”