Decreased Oxygen Flow To The Brain and Medical Malpractice

Cerebral hypoxia is a situation which occurs as a result of a decreased oxygen supply to a person's brain despite the fact that there may be adequate blood flow to the brain. This situation can be caused by a number of reasons including: surgical errors; birthing complications; complications of anesthesia; or respiratory arrest which could form the basis of a medical malpractice action. Symptoms of a loss of oxygen to the brain could include in inattentiveness, poor memory or memory loss, poor judgment, a decrease in motor coordination or problems with speaking. The complications which can arise from hypoxia, especially when the condition lasts for a long period of time could include: death; brain death; coma; paralysis; seizures; or other permanent injuries of a devastating nature. These problems are especially severe when they occur to an infant or a young child. The situations where hypoxia occur could include: birthing complications; motor vehicle accidents; falls in nursing homes; delay in the diagnosis and treatment of a serous illness or injury; medical conditions such as meningitis, pulmonary embolisms, untreated jaundice in newborns; prescription errors; and a number of other accidents or traumatic events. If you or someone you know has suffered from a cerebral hypoxia you need to contract an experienced 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." 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.

Blood Clots and Medical Malpractice

Blood clots form when blood cells joint together or coagulate. Blood clots can form anywhere in your circulatory system. Depending upon the location of the clots, they can block blood flow to vital parts of your body including your heart and brain and can cause serous conditions which can result in heart attacks and strokes. Blood clots are caused by a lack of oxygen in the blood. This condition generally results from inactivity or prolonged bed rest. When blood clots restrict the flow of blood they can create a condition known as ischemia which can result in a permanent injury or death. A pulmonary embolism is a blockage of an artery to the lungs. Blood clots in the veins of the legs, hip or pelvis often times cause this condition. People who have suffered leg injuries or who have surgery are at increased risk. It is therefore vitally important that a blood clot be diagnosed and properly treated as soon as possible. Emergency room doctors, nurses and other medical professionals can often prevent either a blood clot or their devastating effects if they act promptly and provide the proper treatment. There are a great number of conditions that could result from a blood clot which could include: - Stroke - Paralysis - Heart attack - Permanent organ damage - Angina - Death If you or a loved one has suffered a serious injury or if a death resulted from medical complications associated with a blood clot you should contact our experienced 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." 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.

Birth Defects Resulting in Medical Malpractice

Medical malpractice can involve the method and manner in which a doctor cares for the mother during pregnancy and delivers the baby. Failure to properly diagnose or properly treat various types of conditions or complications that arise during pregnancy can lead to devastating consequences that could include the death of the child, the death of the mother, permanent birth injuries or other related injuries. Birthing complications can be caused by: - Mismanagement of the pregnancy; - Failure to treat a dangerous situation; - Failure to respond to unusual bleeding; - Umbilical cord problems; and/or - Fetal distress of any kind. A long delivery can also have adverse consequences for both the mother and child. A protracted labor can cause brain injuries and even death due to any of the following situations: - A delay in extracting the baby; - Misuse of a labor inducing drug; - Improper use of a vacuum extractor or forceps; - Inadequate or late recessitation; and/or - Failure to properly monitor condition after birth. - Premature births often times result in complications for the child as well as situations involving emergency C-sections which in certain circumstances may be the basis of a claim for obstetrical malpractice. Other claims might also include other conditions such as shoulder dystocia, tracheal plexus palsy, cerebral hypoxia, erb's palsy, cerebral palsy, muscle injuries and scarring. If you or someone you know has suffered a birth injury you should contact an experienced 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." 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

Bad Medical Results and Medical Malpractice

Many people who receive some type of bad result from a medical procedure immediately think they can sue their doctor for medical malpractice and obtain a large cash award. This is especially true when a family is upset with the doctor because a loved one has suffered greatly or has passed away after being treated at a hospital. Unfortunately, not ever case that results in a bad outcome is the result of medical negligence. Often times there are associated risks of any type of surgical or medical procedure that happen to a certain percentage of all people who undergo some type of medical intervention. However, there are many instances where a person or the family of an individual obtain a bad result which is the result of a medical error or doctor malpractice. These cases could include: · Surgical errors · Anesthesia errors · Improper diagnosis or misdiagnosis cases · Lack of informed consent · Medication errors · Delayed diagnosis Medical negligence cases are expensive to develop and take a long time. You can improve your chances of either settling your case or obtaining a favorable verdict by hiring one of the best medical malpractice attorneys in your area to represent you. These attorneys are known by insurance companies, judges and insurance company's lawyers and are known for taking solid, winnable cases which gives you case more credibility with all concerned.
If you feel you have been the victim of medical malpractice please contact http://www.sc.com to see if we can help you find one of the best lawyers in your area for 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.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 The State You Were Injured In Could Affect Your Malpractice Recovery

One of the functions of the National Practitioner Data Bank is to report the number of malpractice payments made as a result of medical malpractice actions throughout the country. It is interesting to note that the number of payment reports in any given state is affected by specific provisions of each state's malpractice statute. State statutes, as they relate to medical errors, can make it more or less difficult for an injured party to sue a health care professional or health care facility for medical malpractice. There are a number of issues that could affect an injured party's ability to collect compensation depending upon the state in which the medical error occurred. For example, there are differences from state to state that affect: Statute of limitations which provide how long a party has to commence suit against the responsible party including tolling provisions from the date of discovery. The burden of proof could vary from state to state setting forth what an injured party has to prove in order to recover money damages. Some states limit the amount of money that can be received for non-ecomonic damages (i.e. pain and suffering). The type of negligence standards could also affect the ability of an injured party's right to recover money damages. Other issues such as immunities, vicarious liability, insurance limitations, caps on legal fees and damages restrictions on wrongful death cases could affect the ultimate recovery. Many of these limitations may reduce the number of cases filed in a particular jurisdiction which may result in lower overall gross recoveries. Because laws vary so significantly from state to state it is important to consult with an experienced medical malpractice lawyer immediately if you feel you are the victim of medical errors. 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. 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.

Gastric Bypass Surgery Malpractice

As of 2007 it has been estimated that one and half million Americans had undergone some type of weight loss surgery. Obesity is a major health problem in this country with far reaching medical ramifications. It is estimated that one in five people in the United States is classified as obese and from these people one in twenty is considered morbidly obese. Morbidly obese is defined as an individual whose weight problem creates a health and livelihood peril for that person. Some people seek to eliminate or ameliorate their weight problem through the use of bariatric surgery of which gastric bypass surgery accounts for 80%. Obesity surgery attempts to achieve weight loss in the individual by limiting the amount of food the stomach can hold thus reducing a person's food intake. The main types of gastric bypass surgeries are: - Open Roux en Y (Rny) - Laparoscopic Roux-en-Y - Fobi pouch - Distal Gastric Bypass - Biliopancreatic diversion - Biliopancreatic diversion with duodenal switch If your surgeon commits malpractice then a number of complications can arise which range from death to permanent injury to temporary injury and which could have resulted from infections, leakage from staples, intestinal blockage and corrective surgery. If you or someone you know has been injured as a result of having gastric bypass surgery you need to contact an experienced medical malpractice attorney 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. 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.
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.

Misdiagnosis of Heart Attacks and Medical Malpractice

Pressure on your chest, chest pain, shortness of breath, numbness in your left arm and difficulty talking are all classic signs of a heart attack. Few people would need a medical degree to come up with this diagnosis but amazingly people who visit hospital emergency rooms with these complaints are sometimes sent home only to encounter a disastrous result. Even more distressing is the fact that some people who present themselves to a hospital with these complaints are given diagnostic tests which reveal problems and still they are sometimes sent home. A heart attack is one of the top conditions that are the subject of medical malpractice awards. Doctors sometimes misdiagnose this condition as heartburn, reflux, GERD or some other type of gastrointestinal situation. Emergency room malpractice awards are generally the result of misdiagnosis or for mismanaged diagnostic testing. Because the adverse consequences of the misdiagnosis of a heart attack and its care are so great the awards for these types of doctor malpractice cases can be quite high. If you suffered a heart attack which was either misdiagnosed or mismanaged then you need to speak with an experienced 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." 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.

Record Setting Verdict in an Oral Surgery Malpractice Case

An east coast jury recently returned a verdict of over $10 million in a medical malpractice case against an oral surgeon whose negligence resulted in the wrongful death of his patient. After court awarded interest the total award will exceed $12 million. This is believed to be one of the largest verdicts in the nation's history involving oral surgery. The jury found that the negligent doctor removed his patient's wisdom teeth despite knowing that this individual had an immunity disorder which precluded any surgery or dental work.
The effected 21 year old patient awoke the morning after his teeth were extracted and began to have trouble breathing when his throat swelled as a reaction to the surgery. This young man ended up suffocating in front of his mother and sister. The purpose of awarding damages to the family of a wrongful death victim is to compensate the family and/or estate of the victim for losses experienced as a result of the death of the family member. These damages could include medical expenses associated with the victim's case, all funeral expenses, pain and suffering experienced by the victim, the loss of the victim's anticipated earnings in the future until the victim's retirement or death, pain, suffering and mental anguish to the survivors, bystander emotional distress and/or loss of companionship or consortium to certain family members.
If you have experienced the loss of a loved one from medical malpractice or from an accident you need to contact an experienced 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.
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.

Cosmetic Surgery and Surgical Malpractice

Cosmetic surgery is on the rise. In 2007, there were 11.7 million cosmetic surgeries performed according to the American Society for Aesthetic Plastic Surgery. In every form of media there are plastic surgeons offering their services to make your dreams come true. The problem is, sometimes those aspirations turn into nightmares. Along with the huge growth in elective cosmetic surgery procedures comes an increase in medical malpractice. Cosmetic surgery is not usually covered by health plans and, therefore, is relatively free from restrictions and regulatory governance. Many health care professionals, doctors and nurses, who do not have specialized training in cosmetic surgery are performing procedures in their offices without emergency care facilities available. A doctor who accepts a patient implies he or she has the appropriate specialized training and is competent to perform the requested procedure. A plastic surgeon has an obligation to discuss all possible risks associated with the procedure the patient is to undergo prior to the actual surgery. Unfortunately, all forms of cosmetic surgery carry risk whether the procedure is invasive or non-invasive and all of those risks have to be explained to the patient. The chart below provides an overview of various procedures and complications associated with them.













Cosmetic Procedure or Surgery










Possible Complications













Breast Augmentation






· Wrong size
· Nerve damage
· Infection
· Encapsulation
· Asymmetry
· Excessive scarring












Breast Reduction






· Nipple loss
· Breast skin cover loss
· Asymmetry
· Disfigurement












Liposuction






· Disfigurement
· Numbness
· Abdominal perforations
· Internal bleeding
· Deep Vein Thrombosis
· Pulmonary Embolism
· Organ penetration












Face lift






· Excessive scarring
· Nerve damage
· Excessive dry eyes
· Inability to close eyes
· Excessive skin removal












Nose






· Asymmetry
· Breath difficulties






Abdominoplasty






· Skin Loss
· Excessive scarring
· Nerve damage
· Skin resurfacing complications
· Blistering
· Burns
· Post-surgical infection
· Permanent skin discoloration



General risks associated with all types of cosmetic surgery are anesthesia errors, medication reactions, post-operative mismanagement, use of before and after photographs without consent and sexual misconduct. As is the case with every surgical procedure, death is also an associated risk from complications that could result from adverse consequences. The physical evidence of cosmetic surgery errors may be visible especially for eyelid, facelift and nose procedures. The patient may lose the ability to have any facial expression. Some cosmetic surgery errors may not be possible to correct, such as the nose. Victims of cosmetic surgery malpractice may have to undergo several corrective surgeries over a long period of time. Not only do they suffer physical disfigurement and pain, they also suffer emotional agony and financial losses. Lack of self-esteem due to disfigurement can affect every aspect of their lives. Plastic surgeons have the same responsibility to their patients as any other physician practicing: to provide medical care or treatment to a prescribed level of competence. If you are a victim of a cosmetic surgical error, consult a medical malpractice attorney to learn about your rights to compensation. 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://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.

Cerebral Hypoxia Resulting in Brain Damage and Medical Malpractice

Cerebral hypoxia is a situation which occurs as a result of a decreased oxygen supply to a person's brain despite the fact that there may be adequate blood flow to the brain. This situation can be caused by a number of reasons including: surgical errors; birthing complications; complications of anesthesia; or respiratory arrest which could form the basis of a medical malpractice action. Symptoms of a loss of oxygen to the brain could include in inattentiveness, poor memory or memory loss, poor judgment, a decrease in motor coordination or problems with speaking. The complications which can arise from hypoxia, especially when the condition lasts for a long period of time could include: death; brain death; coma; paralysis; seizures; or other permanent injuries of a devastating nature. These problems are especially severe when they occur to an infant or a young child. The situations where hypoxia occur could include: birthing complications; motor vehicle accidents; falls in nursing homes; delay in the diagnosis and treatment of a serous illness or injury; medical conditions such as meningitis, pulmonary embolisms, untreated jaundice in newborns; prescription errors; and a number of other accidents or traumatic events. If you or someone you know has suffered from a cerebral hypoxia you need to contract an experienced 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." 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.
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Why You Should Investigate Your Doctor Before Undergoing Any Type of Risky or Complicated Surgery

If you want to reduce the chance of becoming a medical malpractice victim then you should investigate your doctor prior to having any type of risky or invasive surgical procedure performed. According to a 2006 report by the National Practioner Data Bank (NPDB) of the 164,877 physicians with some type of a report, 134,663 (81.7%) had only a medical error payment report while 9,898 (6.0%) had only State Licensure Action Reports, while 2,818 (1.7%) had only clinical privileges active reports and 1,391 (.8%) had only Medicare/Medicaid exclusion reports. The data furnished to NPDB indicates as a doctor's number of medical malpractice payment reports increases, there is a corresponding likelihood that the physician's adverse action reports also increases. The interesting statistic to note is the fact that doctors with at least two medical malpractice payment reports were responsible for the majority of malpractice payments. Approximately 33.29% of the 146,309 doctors that had malpractice payment reports had 2 or more such reports. These 48,566 doctors had a total of 138,199 malpractice error payment reports which account for 58.6% of all physician reports for payments for medical malpractice cases. It is therefore extremely important that you determine that your doctor does not have multiple malpractice settlements or verdicts or other adverse reports so you can cut down on your chances of becoming a victim of medical malpractice.
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.
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.

Medical Malpractice Facts

The incidents of serous injury and death which result from doctor malpractice, hospital malpractice and medical malpractice occur at alarming rates. The Journal of the American Medical Association reported that over almost one quarter of a million people die each year through medical errors and almost half of those individuals die as a result of emergency room errors.
The malpractice statistics are broken down as follows:
- 12,000 deaths a year from medication errors in the hospital;
- 20,000 deaths a year result from other hospital errors;
- 80,000 deaths a year from infections in the hospital; and
- 106,000 deaths a year from the adverse effects of medication
In order for you to avoid becoming a victim of medical malpractice you should consider doing the following:
- Whenever possible do not go to a walk in clinic or emergency room for relatively minor or routine medical treatment where a doctor will not be familiar with your medical history which can lead to medical mistakes;
- If your doctor suggest surgery ask why you need surgery, what are the benefits and risks, what are the alternatives, what is the recuperative period, and any all other germane questions relative to your situation.
Do not be afraid to ask very detailed questions. Research your condition and the proposed surgery on the internet. If your situation warrants it get a second opinion and ask lots of questions of the doctor you see for the second opinion.
If you become an informed advocate for your medical care then you increase the chances of not becoming a victim of medical errors.
If you or someone you know has been injured or has died as a result of a doctor's error then you should consult with an experienced 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." 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.

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.

What You Need To Know About Obstetrical Malpractice

Birth injuries resulting from negligent care by obstetricians, physicians or nurses are known as "obstetrical errors". The health care professional may not have intentionally harmed the child, but, regardless, birth injuries can be catastrophic for both the infant and parents. An obstetrician is compelled to provide a certain standard of care expected of all physicians. If the care given is not within these standards, the obstetrician may be liable for obstetrical malpractice.
Statistics reveal that 7 in 1,000 births will have an incident of birth injuries. In the U.S., this means there are approximately 28,000 birth injuries per year, which equals a birth injury occurrence every 3 hours. These statistics also show a higher rate of birth injuries in private not-for-profit hospitals and hospitals with more than 300 beds. Birth injury errors are the cause of a large number of medical malpractice lawsuits.
Birth injuries usually happen during a difficulty delivery. Often the birth trauma is of a minor nature and heals without sequela within a short period of time. However, some birth injuries are permanent and cause serious impairment for the infant. Risk factors during a difficult delivery include the baby's weight, whether the mother's pelvic structure is adequate for vaginal delivery, prolonged labor and the baby's position, such as a breech presentation.
Frequent types of obstetrical errors resulting in a malpractice case are: · Improper insertion and monitoring of IUDS · Failure to conduct proper physical examinations · Failure to ascertain medical history · Improper use of Pitocin, a hormone utilized for labor induction · Failure to recognize and diagnose complications during the pregnancy · Failure to recognize and respond to umbilical cord entrapment · Failure to respond to fetal distress · Improper use of forceps or vacuum extractor · Failure to undertake a necessary caesarean section
Common birth injuries, which range from short-term to permanent, include:
Forceps Marks: Forceps used during delivery may leave bruising or marks on the baby's head. These usually heal within a short period of time. Surgical evaluation may be required in situations where the forceps have caused depressed skull fractures.
Caput Succedaneum: This is a condition where the baby's scalp severely swells, usually caused by vacuum extraction, and generally dissipates within days.
Subconjunctival Hemorrhage: One or both of the baby's eyes will have a bright red band around the iris. A subconjunctival hemorrhage does not cause eye damage and will disappear within approximately ten days.
Cephalohematoma: This is when bleeding occurs between a bone and its fibrous covering, usually on the baby's head. The baby may become jaundiced if the cephalohematoma is large while it gradually dissolves. Dissolution of a cephalohematoma takes approximately two weeks to three months, depending on the size.
Facial Paralysis: Forceps used during delivery can injure a baby's facial nerves. Bruised nerves will recover within a few weeks, however, if the nerves are damaged, surgery may be necessary.
Fractured Bones: The collarbone has the highest incidence of breaking during a difficult birth.
Erb's Palsy: Erb's palsy is when the brachial plexus nerves, which control shoulder, arm and hand movement, are damaged. These nerves are injured when the baby's shoulder becomes trapped behind the mother's pelvic bone and proper maneuvers are not performed to free the baby. Residual impairment can be arm paralysis and loss of muscle control in the arms and hands. There are risk factors for shoulder entrapment which the doctor should assess during pregnancy, labor and delivery.
Cerebral Palsy: Cerebral Palsy occurs when the baby's brain is starved of oxygen or forceps are incorrectly used during delivery. Catastrophic brain damage can occur causing permanent muscle control loss and mental impairment.
Brain Injury: Blood loss or umbilical cord entrapment causing oxygen deprivation can result in seizure disorders or mental impairment.
If you suspect your child suffered birth injuries or know someone whose child may have, it is recommended that an experienced medical malpractice attorney evaluate your claim 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.
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 Increase The Value of Your Personal Injury Case Through Evidence Preservation

Determining who was at fault in your personal injury, accident or injury case can sometimes be determined by physical evidence-something you can touch, see, or examine, as opposed to just describing or talking about it. There are a number of things that should be done to help improve the value of your case.
Examples of physical evidence include skid marks, to establish the speed of the vehicles; the point of impact of the collision; damage to the vehicles; holes in the sidewalk that caused a fall; defective or broken stairs or walkways; and damaged, ripped, or blood-stained clothing.
Physical evidence can also show the extent of the damage. Photographs of the vehicles can establish the force of the impact; a copy of your motor vehicle auto-body repair bill can establish the extent of the damage to your vehicle; and torn or bloody clothing can dramatically show that your injuries were very severe.
If your case involves a defective product, keep the product. If your case involves an injury due to a foreign object, keep the object. If your injury requires a cast, a brace, screws, plates, or any other appliance, save it as evidence.
When taking pictures of physical evidence and features of the scene that may have contributed to the accident, it is best to use a digital camera or a camera that makes negatives that later can be blown up or enlarged. Have the film developed immediately in case certain pictures did not come out properly and need to be retaken, or e-mail us the photographs. The person who took the photographs should also write on the back of each one the date on which it was taken and what the photograph depicts. You should also keep your receipt for the development of the pictures to further verify when they were taken.
It is very important to involve an experienced personal injury lawyer in your case at the earliest possible moment. Physical evidence changes very quickly over a short period of time which might make otherwise very valuable evidence worthless. It also might make your attorney's job of proving the liability of the at fault party that much more difficult. There might also be a need to hire an investigator to take statements or photographs which should be done as close to the time of the accident as possible.
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.

Common Carrier and Commercial Truck Accidents

A motor vehicle accident involving a commercial truck and a passenger vehicle usually culminates in serious injuries, if not fatalities, to occupants of the passenger vehicle.
The Bureau of Transportation Statistics reports there were 7,006,408 commercial freight vehicles, 5,264,554 single-unit trucks and 1,741,854 tractors, for a total of in excess of 14,000,000 trucks on U.S. highways in 2007.
Data compiled by the Fatality Analysis Reporting System and Motor Carrier Management Information System reveal there were a total of 195,767 large truck crashes in 2007. Of these, 4,368 were fatal crashes, 136,438 non-fatal crashes and 54,961 injury crashes. The number of injuries reported was 80,752.
The initial points of impact, in descending order, were the front (45.7%), rear (15%), left side (8.4%), right side (4.8%) and other or unknown (0.8%).
Large truck fatal accidents mostly happen in rural areas (68%) on weekdays (78%) during daytime hours (66%). Combination trucks were responsible for 76% of fatal crashes. Additionally, large trucks are more likely to be involved in fatal multi-vehicle crashes.
Of injuries sustained or deaths occurring as a result of collisions with large trucks, 65% were drivers of passenger vehicles, 31% were passengers; 3% were pedestrians and 2% were cyclists.
A list of common causes of truck accidents includes:
· Speeding
· Driving at unsafe speeds due to weather or road conditions
· Failure to yield the right of way
· Aggressive driving
· Driving off the road
· Backing up
· Inadequate training or unlicensed driver
· Drug or alcohol use
· Driver fatigue
· Disobeying safety procedures
· Overweight loads
· Improper loading or shifting of load
· Motor vehicle inspection failure
· Repair or maintenance failure
· Mechanical or brake failure
· Tire blow-outs
· Roll-overs
Trucking companies are regulated by the Federal Government which implements rules and regulations for both commercial trucks and owners. Federal regulations stipulate the amount of hours a driver is permitted to be on the road each day.
A minimum of $750,000 of insurance for bodily injury and property damage is required by Federal law for trucks traveling interstate. As well, most States also require a specific level of insurance for trucks not covered by Federal law.
Additional regulations must be followed by commercial trucks carrying hazardous or inflammable materials, such as placards attached the truck identifying the material and imposing a lesser speed limit.
The average truck driver earns approximately $32,000 a year or $30.3 cents per mile, with an owner/operator making marginally more money. For every dollar of revenue a truck earns, only 4.8 cents is profit. Unfortunately, this leads to many truck owners cutting costs by neglecting necessary maintenance. Drivers are often compelled to speed, drive for longer periods than permissible and drive aggressively in order to earn a better wage.
Truck collisions are often catastrophic because of the sheer size and weight of the commercial vehicles. Occupants of passenger vehicles, pedestrian and cyclists, if they survive, frequently suffer devastating injuries which may affect them for the rest of their lives. Enormous medical bills, pain and suffering, emotional trauma and loss of earning capacity are just a few of the possible consequences. For those that do not survive, their families are further burdened by funeral costs and the catastrophic loss of a loved one.
If the truck owner and/or driver is deemed to be fault for the accident, a lawsuit might be commenced against the driver, the trucking company, trailer owner, shipper and/or the manufacturer of equipment attached to the truck (for example, tires) and/or other parties who share responsibility.
If you have been involved in a truck accident, or lost a loved one due to a truck accident, it is recommended you contact an experienced accident attorney for legal advice on protecting your rights prior to speaking to the truck's insurer.
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.
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.

Iatrogenic Events and Medical Malpractice

The word "iatrogenic" means induced inadvertently by a physician or by medical treatment or diagnostic procedures. Simply put, iatrogenic refers to adverse affects or complications because of medical treatment or advice from a physician, psychologist, therapist, pharmacist, nurse, dentist or other healthcare professional. Iatrogenic diseases also result from alternative medicine treatment and advice.

It is estimated 120,000 to 225,000 deaths in the United States each year may be attributable to some degree by iatrogenisis. It is difficult to know precisely the number of deaths resulting from iatrogenisis as there is no mandatory reporting system for healthcare professionals. This, in turn, also makes it a challenge to identify causes of iatrogenic events and develop procedures to prevent iatrogenisis.

Causes of iatrogenisis are:

· Nosocomial infections: These are infections that originate in a hospital. Symptoms are pain, fever, night sweats, breathing problems, infection, inflammation and swelling. Nosocomial infections may be responsible for 80,000 deaths annually.

· Medical misadventure: Injuries or adverse effects as a result of medical treatment. The Institute of Medicine in its report of 2000 estimated 98,000 people die per year from preventable medical errors.

· Medication errors: The Institute of Medicine approximates 7,000 deaths due to medication errors.

· Adverse reactions: The American Medical Association calculates 108,000 deaths from adverse pharmaceutical reactions, even though the medications prescribed were FDA-approved.

These figures only represent hospitalized patients. Non-hospitalized patients, outpatients, dental patients and residents of care homes are not included, but are equally vulnerable to iatrogenic diseases.

A presidential report of 2000 reported many shocking facts. The report called iatrogenic error a problem of epidemic proportions which causes tens of thousands of deaths each year and stated one-half of the iatrogenic errors were preventable.

More people die each year from medical errors than from motor vehicle accidents, breast cancer and AIDs. Of the 2,000,000 people each year who contract infections in hospitals, 90,000 will die. To compound the situation, the overuse of antibiotics to treat infections has lead to bacterial infections becoming resistant to medications.

Seventy percent of hospital infections are resistant to a minimum of one of the antibiotic drugs used for treatment. Staphyloccossus aureus, commonly known as staph, is resistant to 95 percent of first-choice antibiotics and 30 percent of second-choice antibiotics. Staph is the primary cause of hospital infections. A research report of 1999 discovered staph doubles the death rate, costs per patient and the duration of the patient's hospitalization.

There is another aspect to iatrogenic diseases. People suffering from chronic pain may be undertreated or have their condition misdiagnosed as a psychiatric disorder rather than a physical illness. Ineffectual treatment for these people has caused suffering and, even, death.

Iatrogenic diseases may be obvious, such as complications from surgery, or they may be difficult to identify, as in complex drug interactions.

Confirmation of death due to iatrogenic disease is an involved process. If you have lost someone you love and believe their death was the result of an adverse reaction or complication due to medical treatment, contact an experienced medical malpractice attorney 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. 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.

Medical Malpractice Risks Associated With Breast Implants

Over 355,671 women had cosmetic breast surgery in 2008 according a report recently released by the American Society for Aesthetic Plastic Surgery. Breast surgery is now the most common type of cosmetic surgery performed. Unfortunately, not all women have a successful result which may form the basis of a medical malpractice action. The number one reason women chose to have breast implants is to feel better about themselves and boost their self-image. Reconstruction of breast material lost due to mastectomy or genetic deformities also falls into this category. Regardless of the personal basis for a breast implant, all breast implant surgeries are considered cosmetic.
Women most likely to choose breast implants have certain characteristics: a slender build; under the height of 5'4"; and below the age of 40 (86%).
The four influential purposes for breast implants are:
· Primary reconstruction to replace breast tissue destroyed by cancer, trauma or severe breast abnormality · Revision-reconstruction to correct or improve a prior reconstruction surgery · Primary augmentation to enlarge the breast size · Revision-augmentation to correct or improve a prior augmentation surgery
Of the three types of breast implants currently on the market, saline and silicone implants are most frequently chosen, while breast implants of alternate material are rarely used. There are options where the incision for the breast implants is located. A transaxillary incision is under the arm, a periareolar incision is around the nipple and an inframammary incision is along the fold underneath the breast. The transaxillary and inframammary incisions are less concealed than the periareolar, but considered to have a higher likelihood of successful breast feeding. In addition, breast implants can be placed either on top of the muscle or underneath.
Breast implants have a history dating back to 1895, albeit not always with desirable results. Unfortunately, that trend continues today. There are dangers associated with breast implants. A list of the common risks includes:
- Infection - Wound healing delay - Hematoma - Bleeding - Excessive scarring - Capsular contracture - Calcium deposits - Asymmetry - Visible wrinkling - Breast tissue thinning - Disruption of the natural flat surface between the breasts - Neuroma - Nipple sensation changes - Breast sensation changes - Deflation - Rupture - Leakage - Swelling - Burning - Tenderness - Increased difficulty in detecting breast cancer - Additional surgeries to replace or remove breast implants - Anesthesia reaction
Some of the above perils may be the result of the plastic surgeon inserting too large an implant into the breast capsule, damaging the skin's outer layers or his or her inexperience. Breast implant medical errors can leave a women suffering years of pain, emotional trauma and repeated surgeries to attempt to reverse the medical error. Some women never recover a "normal" appearance and are left with horrendous scarring.
If you have concerns about your breast implant surgery, it is advisable to seek an experienced medical malpractice attorney's opinion as soon as possible.
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.
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.

Find Out If Your Surgical Error Is On The "Never Event" List

Surgical errors, resulting in medical malpractice, are negligent medical mistakes that occur in the time period between when a patient is taken in for pre-operative care, undergoes surgery and receives care post-operatively.
Surgical mistakes can be attributed to many factors, including staff reductions.
Surgical malpractice does not just happen in complicated surgeries such as heart or brain operations, they may occur during what is considered routine surgery, for example, a tubal ligation.
A press release from the Center for Medicare and Medicaid Services dated May 19, 2006 gives insight to the prevalence of these medical errors. The press release's definition of surgical errors is as follows:
"According to the National Quality Forum (NFQ), 'never events' are errors in medical care that are clearly identifiable, preventable and serious in their consequences for patients...".
For an event to be included on the National Quality Forum's "never event" list, the mishap had to have been unambiguous, usually preventable, serious (as in death or loss of body part) and an adverse indication of a problem within the heath care facility or important in relation to public credibility or accountability.
The National Quality Forum "Never Events" list includes the following: Surgical Events · Surgery on the wrong body part · Surgery on the wrong patient · Wrong surgical procedure · Death of an otherwise healthy patient during surgery or immediately post-operative
Product or Device Events · Death or serious disability through contaminated drugs, devices or biologics · Death or serious disability associated with improper use of a device · Death or serious disability due to an intravascular air embolism
Patient Protection Events · Infant discharged to the wrong person · Death or serious disability due to patient's disappearance for longer than four hours · Suicide or attempted suicide
Care Management Events · Death or serious disability due to medication error · Death or serious disability due to incompatible blood products · Maternal death or serious disability concurrent with a low-risk pregnancy labor · Death or serious disability from hypoglycaemia · Death or serious disability from failure to identify and treat hyperbilirubinemia in neonates · Stage 3 or 4 pressure ulcers · Death or serious disability from spinal manipulative therapy
Environmental Events · Death or serious disability from electric shock · Receipt of wrong oxygen or the line delivering the gas is contaminated by toxic substances · Patient death or serious disability from burn · Patient death from fall · Patient death or serious disability resulting from restraints or bedrails
Criminal Events · Care ordered or provided by someone impersonating a health care professional · Abduction · Sexual assault · Physical assault
The State of Minnesota is required by legislation to report "never events". In the second year of reporting, there were 53 surgical events, 39 care management events, 4 environmental events, 6 products or devices events, 1 patient protection event and 3 criminal events. Twelve people died and nine suffered serious injuries.
These results demonstrate the high number of surgical and care management events that are by no means typical just for Minnesota. They occur with an alarming degree of regularity across the Nation.
If you have suffered serious disability or lost a loved to a surgical error, it is important to obtain legal advice from an experienced medical malpractice attorney as soon as possible.
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.
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.

What You Need To Know Before Filing A Medical Malpractice Case

The statute of limitations is the time period specified by law within which your medical malpractice action must be filed. If you do not file within the applicable statute of limitations period, your claim could be subject to dismissal, preventing you from pursuing the claim regardless of the merits of the case.
Statute of limitations dates vary from state to state. Some states provide that the action be filed within the applicable time period from the date of the injury, while other states allow for a tolling, or extension, of the filing period from the date of discovery of the injury.
Under certain circumstances, if the claimant is incompetent or is a minor, some states allow for a tolling of the statute of limitations until the claimant becomes competent or reaches their majority.
There are also certain notice provisions that have very short limitation periods, especially those that relate to local, state, or federal governmental entities. In certain circumstances, if you do not comply with the statutory notice provisions, you may lose the right to file your lawsuit, even if you act within the applicable statute of limitations period.
The statute of limitations in any particular case may be somewhat difficult to calculate, because a claim may involve different causes of action against different defendants. Once you miscalculate when the statute has run or fail to properly provide statutory notice, your claim may be forever barred despite its validity or the extent of your damages.
The doctrine of joint and several liability holds that a number of defendants who engaged in separate and independent acts of negligence that combined to cause a single injury are held to be jointly and severally liable. In other words, if one party was 1 percent at fault and the other parties were 99 percent at fault, the party who was 1 percent at fault could be held responsible for 100 percent of the damages suffered by the injured party.
The law of joint and several liability varies from state to state, and a number of states have somewhat complicated variations or modifications of this rule.
Vicarious liability concerns the ability to hold institutions or companies liable for the acts of their nonemployee affiliated personnel. For example, in some states, a hospital may be liable for the negligence of a physician acknowledged to be an independent contractor, while in other states, hospitals may not be liable for the acts of non-employee members of the medical staff.
In certain states, a plaintiff in a medical malpractice suit must file a certificate of good faith, or a similar document, that states that a medical expert has reviewed the file and has determined that there is a good-faith basis for a malpractice claim.
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.
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
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.

Do You Have a Legal Malpractice Case?

Legal malpractice cases involve a negligent or careless act committed by an attorney. A common error made in such cases by a lawyer is failing to file a lawsuit on time due to missing the statute of limitations date or not hiring an expert to prove liability or damages or failing to file the proper documentation with the court that results in your case being dismissed or any other negligent act that causes you some type of financial or compensable harm. If you feel that you have a case , where the value of the damages is at least $100,000.00, you should obtain the advise of an experienced trial attorney who has expertise in the handling and presentation of malpractice cases.
Legal malpractice cases are unique and are quite complicated because they involve a trial within a trial. You have to prove not only that your prior attorney has committed malpractice but you also have to prove your damages by trying the underlying case that this attorney previously handled where the malpractice was committed. For example, if your prior attorney was handling a personal injury case for you that was dismissed by the court because of legal malpractice, you would have to prove that your prior attorney committed malpractice and the sub-trial would have to determine the value of your underlying personal injury case so your damages could be found and awarded.
It is important to have an experienced trial attorney who 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. 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.
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.

Tips To Get You Top Dollar For Your Serious Personal Injury Case

It is extremely helpful, at the appropriate time, to discuss the settlement strategy that your lawyer may wish to use so you can give your input into this process so as to get you more money for your serious personal injury case.
The best time to enter into settlement negotiations for your accident case is once you can completely and accurately document both the at fault party's responsibility for the injuries and the severity of those injuries.
It is therefore very important for your injury attorney to conduct a prompt investigation of your case including and detailing your injuries and to identify the responsible parties. This should be done at or very near the time that your attorney takes your case.
Your lawyer should not start settlement discussions until such time as you have reached maximum medical improvement which is the point in time when your doctor tell you that there is nothing more that can be done to improve your medical situation. Once your doctor advises you that you are as well as you are going to be you can then get your lawyer to obtain a final medical report from your doctor which will detail your course of care and treatment along with your disability rating(s) as it relates to your affected body parts.
It would not be possible to properly evaluate your case (determine its value) until you have obtained your doctor's final medical report of you. Otherwise, you would not know how much longer you would require treatment, whether your condition would change and whether you would require future surgery.
The exception to this rule is when your injuries and damages clearly exceed the value of the responsible party's insurance coverage and where the responsible party does not have any assets or mean of paying or satisfying any judgments in excess of the insurance policy limits. In that case, your lawyer might explain that your only real option is to accept the insufficient policy limits for any one of a number of reasons.
Once your lawyer properly documents both the severity of your injuries and the reasons why the defendant is responsible for your damages, it is time to draft a settlement demand package.
Although your attorney is the expert on drafting such a document and on the evaluation of your claim it is important that you be involved in this process. You should be consulted about your input and your feelings. Remember you are the expert on your treatment and how your injuries have had an impact upon you.
After your lawyer has completely documented your case and you have given your attorney all of the information about the affect this injury has had on your life your attorney can properly evaluate your claim. Have your attorney explain how the value of your case was determined. Ask questions, point out things you do not think your attorney considered and have your attorney justify the value of your case to you. Ask what jury verdict research has revealed. You should also discuss your attorney's settlement strategy with you. If your attorney feels that your case is worth X number of dollars does your attorney first submit a demand of 2X or 3X? Does the attorney demand a 1 1/4 X or 1 1/2 X? Why does the attorney feel that their particular demand is the best way to go about starting the settlement process?
If your initial demand is to high many time insurance companies might not engage in a settlement discussion because they feel you are being too unrealistic about the value of your claim. If your demand is too close to the value your attorney feels your case is worth, you might not get fair value for your case.
Although your attorney is the expert in this area it does not hurt for you to question your attorney's judgment and to have your attorney justify what he/she is doing.
Your attorney has an obligation to keep you informed as to all settlement offers and you ultimately decide when, if at all, to settle your case. It is very important to rely upon and listen to your attorney's counsel because he/she is the expert in that area.
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 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.

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 medical malpractice and serious personal injury 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.
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.
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Types and Causes of Wrongful Death Cases

The causes for a case resulting in a death claim are potentially unlimited, but there are four major categories which have the highest probabilities.
Motor Vehicle Accidents
In 2007, 41,059 people died in motor vehicle accidents in the United States. While there are no statistics available as to how many of these were due to the negligence of a third party, the likelihood of wrongful death is highest in this category given the sheer number of fatalities.
Common causes of fatalities in motor vehicle accidents that result in lawsuits include speeding, reckless driving, driving while under the influence, vehicle equipment malfunction and driver inexperience.
Medical Malpractice
Medical malpractice occurs when a physician does not provide medical care to an expected standard of competence or dispenses medical treatment that a competent doctor would not have given. This may also be applicable to health care providers, such as nurses.
Preventable medical errors take the lives of approximately 98,000 Americans per year. That equates to 285 deaths every day.
Medical malpractice runs the gauntlet from prescription mistakes to failure to diagnose or misdiagnosis to negligent maternity care, with an alarming number of causes in between.
Workplace Accidents
In 2007, a total of 5,888 people died as a result of accidents in the workplace.
The number one cause of these types of cases was motor vehicle accidents and represents approximately one-quarter of the workplace fatalities.
In 2007, 835 workers died in falls, whether from non-moving vehicles, on the same level, into holes or from roofs, to place this form of workplace accident in second position.
Other workplace accidents noted in the Department of Labor's statistics were caused by: falling objects; electrocution; homicides; railway incidents; aircraft incidents; struck by mobile equipment; fires and explosions.
Ninety percent of workplace fatalities occur in the private sector, primarily in the service providing and goods producing industries.
Product Liability
One out of every 125 men who dies over 50 years old is a victim of asbestos-caused diseases. It can take from 10 to 40 years for diseases caused by asbestos to develop.
Ten thousand deaths per year are attributable to asbestos, just under 3 per day.
Approximately 9,000 people die each year from food poisoning. Deliberate product tampering or unsafe manufacturing practices which cause accidental contamination may be at fault.
Product cases can also stem from pharmaceuticals, unsafe packaging, failure to place warnings regarding the product on packaging, mechanical failures, improper or unsafe building construction and unsafe vehicle design.
The above information is not meant to be comprehensive but, rather, a general overview of common causes of wrongful death.
To receive specific legal advice pertinent to your circumstances, an experienced personal injury attorney should be consulted.
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.
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.

Who Can Commence A Wrongful Death Lawsuit and What You Can Expect To Recover

Wrongful death can be defined as the death of a human being as the result of a wrongful act of another person. If a person dies through the fault of another then a cause of action can be brought by the Estate of the decedent. Wrongful death actions were brought into existence to ensure that the surviving spouse and children of the deceased were financially compensated, as well as providing an incentive for people not to behave in such a manner that might result in the death of another. The wrongful act of another person can be either intentional or can occur through negligence. An example of a intentional wrongful act is the murder of the deceased. A negligent wrongful act may have resulted from a driving error or a medical error, resulting in a medical malpractice claim, causing the death of an innocent person.
Each state has its own wrongful death statutes and laws but, in general, they set out who is eligible to sue, the elements of the damages and what limits, if any, are applicable to an award for damages. If the deceased is a parent, spouse or a minor child family members may be entitled to a claim for damages for a wrongful death award. An unborn child has a separate distinction. A fetus does not have legal status which would not create a cause of action for a death case. However, if the infant is born alive and later dies from an injury sustained before birth, he or she is recognized legally as a minor child and the parents may have a viable wrongful death claim. If the deceased in a death case is a parent, a minor child may be entitled to financial compensation for the loss of guidance and support the parent would have provided for that child until the age of majority.
For a deceased who has a spouse, the surviving spouse may receive an award for the loss of earnings their deceased spouse might have earned, as well as damages for grief and loss of companionship. These awards are usually calculated based on a reasonable life expectancy, the deceased's earning capacity and, sometimes, the state of health of the deceased at the time of his or her death. The loss of a child through a wrongful death may enable the parents to receive compensation for grief, loss of companionship and possible financial contributions the child may have made to the parents. Additionally, family members may be awarded an amount to cover medical, funeral and legal costs. A wrongful death lawsuit may be filed either by the executor or representative of the estate and could include claims for the applicable family members impacted by the death of the deceased. Wrongful death claims may be filed against a person, employer, business and local or state governments or, dependent on the circumstances, a combination of these.
The limitation period - the time after which a lawsuit can no longer be initiated - for filing a wrongful death claim can vary based on state law and whether the Defendant is the local or state government. Generally, notice of an impending lawsuit must be given to the government within a specified time or the lawsuit will be barred. If you have lost a loved one, or know someone who has lost a family member, through the fault of another an immediate consultation with an experienced attorney is recommended to protect your rights.
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.
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 a Pretrial Conference Can Help You Settle Your Medical Malpractice or Doctor Malpractice Case

At the appropriate time in any medical malpractice, doctor malpractice or hospital malpractice case a pretrial conference is held in private, usually in the judge's chambers, with the trial judge and opposing counsel present. Several objectives can be accomplished during one of these conferences. A status conference, for example, occurs after all pleadings have been filed and is used by the judge to manage upcoming events. The judge may set dates for further pretrial conferences or set a tentative trial schedule.

A judge may also use the pretrial conference to encourage settlement of the matter by acting as a mediator, attempting to move both parties closer to an acceptable settlement figure. Generally speaking, a pretrial judge will not serve as the trial judge because of prior knowledge of and involvement in the settlement process. Pretrial conferences are also a forum in which the opposing counsel and judge can discuss the case and agree on undisputed facts, or stipulations, or can argue disputed issues. Stipulations benefit attorneys because these facts no longer have to be determined in the trial, and they might move the case and the attorneys closer to a settlement.
The Client should be aware that many times cases do not settle during a pretrial conference, but this conference may provide the parties with an opportunity to reconsider opposing parties viewpoints, which may later result in a settlement of the case.
Although a Client generally does not participate in the pretrial conference, it is important for the Client to be fully prepared and ready to discuss any aspect of their case should the opportunity arise.


If you or someone you know has been the victim of medical malpractice, doctor malpractice or hospital malpractice please visit http://www.selectcounsel.com to see how we can help you find one of the best lawyers in your area for your ury 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."




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.