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.
Tuesday, May 26, 2009
Tuesday, May 19, 2009
What You Need To Know Before Starting A Medical Malpractice Lawsuit
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 |
Thursday, May 14, 2009
Medication Errors and Medical Malpractice
Over a million people a year in the US are harmed by medication errors. A medication error can be defined as any preventable event that may cause or lead to improper medication usage and patient harm while under the care and/or supervision of a health care professional.
Prescription errors can be the result of improper order communications, improper product labeling or instructions, compounding, dependency, prescribing, administration, monitoring or use.
In a study performed by the FDA involving fatal medication errors from 1993 to 1998, the most common error was related to the administration of an improper dosage of medicine which accounted for 41% of all fatal medication negligence. The administration of the wrong drugs and using the wrong means of administration each accounted for another 16% of the fatalities. Almost one half of the cases involving medically negligent situations occur in people over the age of 60. The reasoning behind the higher percentage of 60 and over deaths is due to the multiple medications that are often taken by this demographic.
When you are prescribed a medication, have all issues and information described to you: the name of the drug; any generic equivalents; the dosage; what it is used for; any side effects; literature you can review; and what are the potential adverse reactions with the dosage you are currently taking. Make sure you understand, how and when to take the medication, the dosage, storage requirements and any special instructions.
By becoming actively involved in your health care you can help to minimize the incidents of medical malpractice and you can help to avoid becoming a victim of medical negligence.
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."
Wednesday, May 13, 2009
Do I Have A Wrongful Death Case?
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.
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.
Monday, May 11, 2009
How To Get More Money For Your 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.
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.
Friday, May 8, 2009
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.
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.
Thursday, May 7, 2009
Secrets Lawyers Want To Keep From You When Committing Legal Malpractice
Unfortunately a small percentage of any type of profession whether legal, medical or otherwise commit professional malpractice. So what secrets does your attorney want to conceal from you while committing professional negligence.
Missing Deadlines - A negligent attorney will either not have a proper calendaring system or will procrastinate until the last minute and may frequently miss a statute of limitations or filing deadline. Calendaring errors are one of the leading causes of attorney malpractice claims. A negligent lawyer may try and keep this information from you or provide you with misinformation regarding these issues. It is important that when you interview a lawyer you get detailed information about how the attorney's office monitors all calendaring activities and whether or not they have had prior claims of attorney malpractice and the outcome of each case.
Lack of Competence or Experience - An overly zealous attorney may agree to take a case where there is a potential of a large fee without possessing the necessary knowledge or experience. Make sure that before you hire an attorney that you conduct a thorough interview and determine how many cases like yours the attorney has handled and what type of a result the lawyer obtained in each case.
Taking on Too Many Cases - An attorney who has a workload that they currently cannot manage is a recipe for a malpractice action. Does your attorney return your calls, are tasks done on a timely basis, is follow up done and reported to you, are you satisfied with the communications from your attorney. If you are constantly dissatisfied with the services your lawyer is providing to you it might be time to look for another lawyer.
If you feel your attorney has committed malpractice in the handling of your claim you need to speak with 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 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.
Ways Medical Malpractice Happens
The Institute for Healthcare Improvement estimates there are 15 million cases of medical errors in the United States every year. Additionally, there were hospital deaths of more than a quarter of a million among Medicare patients between 2004 and 2006 that were due to medical malpractice that might have been prevented. It is important to therefore examine four of the most common medical errors along with suggestions to help you reduce the risk of becoming a victim of medical negligence.
Medication errors - 80% of US adults use some form of over the counter medication, prescription medications, or dietary supplements in any given week. It is estimated that medication errors injure a million and a half people a year. The causes range from improper prescriptions, to sloppy handwriting, to confusion over similar drug names. It is therefore recommended that a patient keep a complete list of all medications, vitamins and over the counter medications that they take along with the dosages.
Poor communication between doctor and patient is another cause of medical errors. Ask questions, have all tests and diagnostics explained to you. Question your doctor as to any issues which you don't understand or disagree over. Ask what else can be done, what other tests can be ordered and inquire about alternative forms of treatment or therapy. A good practice is to keep a complete medical file on you and all of your family members. Hospital errors including bed sores, falls, infections and failure to respond to patients in distress are common forms of hospital negligence. It is important that each patient have a family member or a friend act as a health advocate to monitor and follow up on the patient's care.
Surgical mistakes account for thousands of injured patients every year. These include surgery being performed on the wrong patient or wrong sided surgery. Make sure to discuss the procedure in detail with your surgeon and have the surgical site marked with a permanent marker. If patients, their family members and health care advocates took on an active role in their medical care then many medical errors could be avoided.
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.
Article
Medication errors - 80% of US adults use some form of over the counter medication, prescription medications, or dietary supplements in any given week. It is estimated that medication errors injure a million and a half people a year. The causes range from improper prescriptions, to sloppy handwriting, to confusion over similar drug names. It is therefore recommended that a patient keep a complete list of all medications, vitamins and over the counter medications that they take along with the dosages.
Poor communication between doctor and patient is another cause of medical errors. Ask questions, have all tests and diagnostics explained to you. Question your doctor as to any issues which you don't understand or disagree over. Ask what else can be done, what other tests can be ordered and inquire about alternative forms of treatment or therapy. A good practice is to keep a complete medical file on you and all of your family members. Hospital errors including bed sores, falls, infections and failure to respond to patients in distress are common forms of hospital negligence. It is important that each patient have a family member or a friend act as a health advocate to monitor and follow up on the patient's care.
Surgical mistakes account for thousands of injured patients every year. These include surgery being performed on the wrong patient or wrong sided surgery. Make sure to discuss the procedure in detail with your surgeon and have the surgical site marked with a permanent marker. If patients, their family members and health care advocates took on an active role in their medical care then many medical errors could be avoided.
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.
Article
Tuesday, May 5, 2009
Legal Malpractice Resulting From Poor Communications
Every attorney malpractice claim begins with a dissatisfied client. Poor client relations, communication problems and a tumultuous working relationship can quickly transpire into a case of professional malpractice. A lack of or poor attorney-client communications is usually the hallmark of malpractice case. Typical instances which can lead to a claim of attorney error could include: · Failing to fully explain all aspects of the case to the client. · Failing to obtain the client's consent. · Failing to follow a client's instructions. · Failing to inform a client of timely developments. · Failing to timely communicate with a client. · Withhold bad news or adverse rulings. · Arguing with the client when the attorney is at fault. Many of these problems could be avoided by the attorney if the lawyer: · Clearly detailed everything orally and in writing. · Listen to the client as clients may want to explore non-litigation options. · Maintain open lines of communication including prompting returning all calls, documenting developments to the client, keeping the client abreast on the goals and alternated strategies. · Completing tasks on a timely basis. · Encourage client feedback. · Report negative information promptly. Not every case of lawyer malpractice will be the basis of a lawsuit if a client feels they were fairly treated and have a good working relationship with their lawyer. However, clients may want to seek the services of an attorney malpractice specialist if the client feels they were treated improper and are dissatisfied. If you feel your attorney has committed malpractice in the handling of your claim you need to speak with 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.
Monday, May 4, 2009
What Doctors Don't Want You To Know
An alarming number of people who are the victims of doctor malpractice, hospital malpractice or medical malpractice do nothing about seeking compensation for their injuries and damages, many of whom suffer quite significant injuries that are of a permanent nature.
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced 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.
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced 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.
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