Medical Malpractice & Personal Injury Blog

How You Determine The Value of Your Personal Injury Case

2010-01-12T18:22:00.001-08:00

Pain and suffering can include soft tissue injuries, broken bones, internal head injuries, scarring, depression, post-traumatic stress disorder and temporary or permanent disabilities. This list is by no means exhaustive. There are numerous other physical and emotional traumas possible that fall under the heading of pain and suffering which could include a claim for loss of consortium for a spouse or emotional bystander distress.

There are no set figures or charts for how much restitution is determined for pain and suffering. Juries, judges, mediators and arbitrators base decisions on many factors. Some of these elements include but are not limited to:

· Age: An older person is more likely to receive a higher award for pain and suffering than a younger person. Young people are considered to have faster healing capabilities than older people.

· Type of Injury: The nature of the injury, including any permanent disability that results, is pivotal to the amount of restitution. As is obvious, a Plaintiff with a broken wrist will not receive as much compensation as a Plaintiff with a traumatic brain injury. This does not mean, however, that two Plaintiffs with identical injuries will receive the same amount. One Plaintiff may suffer more because of, for instance, a low pain threshold, and receive more money than the second Plaintiff.

· Credibility of the Plaintiff: The honesty of the Plaintiff and his or her actions following the injury are scrutinized. A Plaintiff who demonstrates he or she acted in a manner) as might be reasonably expected of a person with a specific injury will be likely be believed by a judge or jury about the extent of injury and its effect on the Plaintiff's lifestyle.

· Impact on lifestyle: The injured person's lifestyle previous to the injury is relevant. For example, a person who is employed full-time, a spouse, a parent and involved in recreational sports is likely impacted more than a single person with a sedentary lifestyle.

· Location where lawsuit is filed: Studies show that Plaintiffs in lawsuits filed in urban areas will receive higher restitution than Plaintiffs of lawsuits commended in suburban and rural areas.

· Attorney: An experienced personal injury attorney will present a well documented case, have strong negotiation abilities and lay out a persuasive argument, complete with reputable research, in favor of the Plaintiff. These are essential elements in a successful personal injury lawsuit.

Exceptions to this standard are claims for pain and suffering presented to an insurer. The adjuster responsible for the case will often follow guidelines with varying levels of compensation that have been established by the insurer. The adjuster will assess the severity of a particular injury and apply guideline specifications.

Every injury sustained is individual. As the above factors show, injuries and people are not identical and, for this reason, an experienced personal injury attorney should be consulted for a legal opinion regarding compensation for pain and suffering due to a personal injury.

Birth Injuries and How They Occur

2009-12-02T12:36:00.000-08:00

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

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

If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.

You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case. 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.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.

How To Get More Money For Your Loss of Earnings

2009-11-13T08:30:00.000-08:00

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

Have You Suffered One Of The Most Common Forms Of Medical Malpractice?

2009-09-08T17:24:00.000-07:00

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."
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.

One of the Greatest Misconceptions About Medical Malpractice Cases

2009-08-26T12:43:00.000-07:00

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."
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.

All Terrain Vehicle (ATV) Accidents: What To Do To Help You Collect More Money For Your Case

2009-08-17T05:15:00.000-07:00

In 2006, the Consumer Product Safety Commission (CPSC) reported that about 146,000 people were treated at hospitals for All Terrain Vehicle (ATV) related injuries. The industry likes to say that it is not the ATV that is causing the accidents and it is, in fact, the fault of the driver. 666 deaths from ATV accidents were reported in 2005 and the CPSC believes this number could reach well over 800. 95,000 Polaris ATVs were recalled because of problems in their control panels which could cause them to catch fire. Out of 33 sports, ATV riding has the largest risk of hospitalization.
Injuries from ATV accidents are more serious than most recreational injuries. The CPSC reported that only 2 percent of injuries from other consumer products result in hospitalization compared to the 9 percent that result in hospitalization from ATV accidents.Most deaths from ATV accidents are related to head injuries. Some nonfatal but serious injuries include abdominal injuries, spinal and head trauma and multiple trauma. Extremity and clavicle fractures, lacerations and abrasions are some of the less serious injuries that can result from ATV accidents. Victims of ATV accidents can suffer from both short and long term disabilities.
A party who suffers personal injuries in an accident caused by the fault of another could expect to collect monies for past and future medical care and treatment, past and future loss of income, damages related to permanent disabilities, loss of life's activities and where appropriate, a separate claim could result for loss of consortium for the spouse.
After being in an ATV accident, you should speak with an attorney familiar with these types of claims at the earliest possible moment to assist you in developing your case. An experienced personal injury attorney can explore various theories of liability which may involve multiple parties. Additionally, speaking with an experienced accident lawyer can help you to maximize the value of your case which could result in your getting more money 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 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"

Rollover Accidents: How They Happen and What To Do

2009-08-07T19:49:00.000-07:00

There are 280,000 rollover accidents yearly. More than 10,000 people a year die in these motor vehicle accidents. A rollover happens when a vehicle flips onto its side or roof. While all vehicles can roll over, Sports Utility Vehicles (SUVs), light trucks and minivans are more likely to be involved in this kind of motor vehicle crash.
SUVs are particularly susceptible to rollovers because they have a high center of gravity. Adding to the tendency to roll over, is the typically narrow width between the left and right wheels and raised height of the vehicle to accommodate four-wheel drive. This all combines into reduced stability. This stability is decreased even further when passengers or heavy cargo are loaded into the SUV.
Light trucks with four-wheel drive have reduced steering capacity to negotiate sharp curves or corners, while minivans with raised suspension that carry several passengers are also more likely to roll over.
A rollover can be either "tripped" or "un-tripped". A tripped rollover occurs when a vehicle is sliding sideways, most often because of cornering too sharply while traveling at too high a speed, and the tires hit a curb, slide across uneven pavement surfaces, dig into soft soil, hit a guardrail or bump into a snow bank. Another scenario for a rollover is where a vehicle is traveling at a high rate of speed and one side of the vehicle rides up against an object, such as a guardrail. The third kind of rollover is when a vehicle is attempting to drive down a slope so steep the vehicle cannot remain upright.
Tripped rollovers account for 95 percent of rollover accidents.
The remaining 5 percent of rollover accidents are un-tripped. Un-tripped rollover accidents are usually caused when a vehicle swerves to avoid a collision at high speed.
Speed, together with alcohol, is a large factor in fatal rollovers. Seventy-five percent of fatal rollover crashes are attributed to speeds higher than 55 miles per hour on rural roads on weekend nights. Research indicates driver distraction may be responsible for fatal single vehicle rollover crashes as, at the time of the accidents, most drivers were driving under favorable conditions.
Approximately 15 percent of rollover crashes involved a collision with another vehicle. A side impact collision is most likely to cause a rollover.
Unlike front, rear and side collisions, a rollover crushes the roof which often times cause severe head injuries for occupants who are restrained inside the vehicle. Seventy-five percent of occupants who died in rollover collisions are ejected outside the vehicle through broken windows, windshields and doors.
If you, or a loved one, were an occupant of a vehicle involved in a rollover crash, it is advisable to contact an attorney experienced with rollover accidents to obtain legal 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."

Campsite Accidents: Who Can You Look To For Your Damages

2009-08-01T06:37:00.000-07:00

With the current economic state, many families are camping rather than taking more expensive vacations this summer. An estimated 11,000,000 Americans camp yearly. Camping has a special appeal with natural vistas and outdoor activities.
Camping brings visions of trail hikes, canoeing, swimming, lazing on the beach, toasting marshmallows over the campfire and having a good time with family and friends.
As ideal as camping sounds, there are hazards, some of which can cause personal injuries or damage and loss to personal property.
Many campsites are equipped with electrical services. If these services are outdated or in poor condition, the possibility of an electrical fire exists. These electrical accidents can form the basis of a personal injury or wrongful death lawsuit.
Campsite bathrooms and showers pose a slip and fall risk. Tile floors which are not kept reasonably clean and dry are potentially dangerous.
Swimming pools can be the scene of happy children playing while parents relax in poolside chairs. The pool can also be the backdrop to the common occurrence of slip and fall accidents because of a treacherously wet and slippery pool deck.
There may be more than chlorine lurking in pool water. Parasites in the water can cause severe stomach cramps and illness.
Diving into a shallow pool risks a tragic and often life-long injury to the spine.
At the beach, buried glass or other sharp objects can cause serious injuries. The same is applicable for any open playing fields.
Many campgrounds offer playgrounds for small children. Fractures are a frequent injury suffered by children falling off sometimes defective playground apparatus.
Family-oriented campgrounds often have a BBQ, or some other food, celebration and invite all the campers. Food that has spoiled from lack of refrigeration can cause salmonella, which, in some cases, is a very serious illness.
Campground operators carry a heavy liability burden. This means they are responsible for their acts and omissions. For instance, if they do not have warning signs posted that diving in the pool is prohibited or if they have permitted the electrical services to deteriorate to a hazardous state.
It is not only campground operators who have obligations and responsibilities; so do your fellow campers. If other campers cause you injury, damage or loss, you may have the right to seek compensation.
An example is a camper who brings an aggressive or vicious dog into the campground and lets it run loose or it escapes from his or her campsite. If that dog were to bite a person or, even another dog, the owner would have responsibility for injuries suffered by others.
Another situation may be where a camper builds their fire too high and the surrounding vegetation catches fire. If that fire were to consume personal property, such as tents, vehicles, that person would be liable for their actions.
While everyone expects their vacations to be great fun and to go home with special memories of the trip, sometimes campsite accidents happen that result in serious injuries or death.
If you, or a loved one, have experienced a campsite accident which resulted in injuries, damage or loss, an attorney experienced in personal injuries and civil litigation will provide you with important legal advice.

How Insurance Companies Don't Pay You For Your Claim and What You Can Do About It

2009-07-26T16:40:00.000-07:00

You have paid you insurance coverage premiums for years without a claim. Now you have a claim, and are confident the insurance company will pay you the value of your claim immediately. The insurance company agent assured you that the policy fully covered you when you purchased it.

Reality versus your assumptions is about to set in. You have reported your claim and have provided all the requested details to your insurer. You wait patiently for confirmation of coverage. Sadly, you may be more likely to receive a letter denying your claim than a check.

Many of the insurance giants instituted a policy of denying claims in an effort to become more profitable. To encourage adjusters to find creative reasons to deny valid claims, some insurance companies started an incentive program where employees were rewarded for finding reasons to deny a claim. Common reasons for denial include paperwork errors and expiration of time periods for submission of documents.

Insurance companies have two major reasons to delay payment of claims. The first is, if the settlement is delayed long enough, there is a chance the policyholder may die before payment is made. If the policyholder dies, the process for collecting the funds becomes more difficult. The second reason is the longer the insurer delays in making payment, the more time the insurance company has to hold onto premiums and earn money on their investments. Not only do insurance companies delay payments, they also attempt to delay court proceedings. The insurer hopes the net result will be you give up because of the stress in continuing the fight or settle your claim for less than full value.

The final component of this strategy, defend, often begins with a low-ball offer. Some insurance companies have presented offers as low as $50 to claimants. Insurance companies have developed effective protocols for dealing with specific claims through experience and case law.

There are certain ways of protecting your claim:

- Read your policy thoroughly and be sure you understand what you are entitled to receive;

- Involve a lawyer as soon as practicable;

- Fill out forms carefully. A honest mistake can be used by the insurance company to deny your claim;

- Write letters or send emails rather than make phone calls to the insurer. Everything you say needs to be on paper as proof if you have to fight for your settlement;

- If the insurance company sends you a check for premium refunds because they are canceling your insurance, do NOT cash the check. If you do, this may be seen as agreement with the insurer's decision;

- Do not give up. Perseverance may win the day even if it takes a long time.

- Involve your Insurance Commissioner's office if the problem warrants it.

If your insurance company is utilizing the "deny, delay and defend" strategy against you, it is strongly recommended you contact an experienced insurance attorney 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."

Motorcycle Accidents and What To Do About Them

2009-07-20T06:44:00.000-07:00

In a time when gas prices are steadily increasing, commuting by motorcycle is a tempting notion. Increased motorcycle registrations (6,227,146 in 2005) reflect this rationale, but, tragically, high fatality and injuries statistics accompany this trend.

In 2007, 5,154 motorcyclists died in accidents. In 1997, there were 2,116 fatalities. In the last decade, fatalities have more than doubled. In just one year, from 2006 to 2007, there was a 7 percent increase in fatalities. Since the Highway Safety and National Traffic and Motor Vehicle Safety Act of 1966 was enacted, approximately 142,000 motorcyclists have died.

In 2007, fifty percent of motorcycle fatalities resulted from collisions with another motor vehicle. The most common crashes involved a vehicle that turned left in front of a motorcycle which was travelling straight or passing the other vehicle. In about 78 percent of the fatal crashes, the motorcycle was hit on the front. A substantial number of fatal crashes occurred when both another vehicle and the motorcycle were travelling straight.

Motorcycles are more likely than passenger cars and light and large trucks to be in a single vehicle fatal crash with a fixed object. In 2007, 25 percent of motorcycle fatalities were from impact with fixed objects.

Caucasians suffered the majority (77%) of deaths, while African-Americans, Hispanics and Native Americans shared 17 percent of the fatalities.

Motorcycle crashes are two times as likely to happen on weekends versus weekdays. Ninety percent of the motorcyclists who died were operators and 10 percent were passengers.

Motorcycles with 501-1,000cc engines were involved in 41 percent of fatal accidents and 1,001 – 1,500cc size engines were involved in 38 percent. Of the motorcyclists killed in accidents riding 1,001 – 1,500cc motorcycles, two-thirds were over the age of 40.

Injuries sustained by motorcyclists have also been on the increase. In 2007, 103,000 motorcyclists suffered injuries, an increase of 15,000 from 2006.

The primary injury sustained in a motorcycle crash is a head injury. Studies have shown that wearing a motorcycle helmet, which meets the requirements of Federal Motor Vehicle Safety Standard 218, is the crucial factor in whether a motorcyclist survives a crash. In 2007, helmets saved the lives of 1,784 motorcyclists. Another study revealed helmets are 67 percent effective in head injury prevention.

The National Highway and Traffic Safety Administration estimates 19,230 motorcyclists survived crashes from 1984 to 2006 because they wore a helmet. Another 12,320 people would have lived if they had been wearing a helmet. In 2007 alone, the NHTSA predicts 800 people would not have died if they had been using a helmet.

Currently, 20 states, the District of Columbia and Puerto Rico have laws that make helmet use mandatory for motorcycle operators and passengers. Another 27 states have helmet laws with varying stipulations, such as a certain age, a specified period of driving experience time and medical insurance coverage for injuries sustained in a motorcycle accident. Three states have no laws whatsoever regarding helmet use.

If you, or a loved one, has been involved in a motorcycle accident, it is important you contact an attorney experienced with motorcycle crashes and traumatic personal injuries to receive legal advice and information regarding limitation times for filing a lawsuit.

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.

Birth Injuries Resulting in Medical Malpractice

2009-07-12T07:30:00.000-07:00

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

How Can I Improve My Chances of Winning My Medical Malpractice Case?

2009-07-07T05:44:00.000-07:00

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.selectcounsel.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.

Why You Can Afford To Hire One of the Best Lawyers

2009-06-22T12:55:00.000-07:00

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.

Do I Have A Medical Malpractice Case Involving A Birth Injury?

2009-06-16T19:35:00.000-07:00

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

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

If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.

You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

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.

SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.

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

Emergency Room Misdiagnosis and Medical Malpractice

2009-06-01T10:57:00.000-07:00

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.

How To Reduce The Chance of Becoming a Victim of Medical Malpractice

2009-05-26T15:38:00.000-07:00

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.

What You Need To Know Before Starting A Medical Malpractice Lawsuit

2009-05-19T18:10:00.000-07:00

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

Medication Errors and Medical Malpractice

2009-05-14T19:19:00.000-07:00

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."

Do I Have A Wrongful Death Case?

2009-05-13T14:16:00.000-07:00

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.

How To Get More Money For Your Personal Injury Case

2009-05-11T19:15:00.000-07:00

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.

Commercial Truck Accidents

2009-05-08T18:45:00.000-07:00

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.

Secrets Lawyers Want To Keep From You When Committing Legal Malpractice

2009-05-07T18:57:00.001-07:00

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.

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

2009-05-07T05:25:00.000-07:00

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

Legal Malpractice Resulting From Poor Communications

2009-05-05T17:26:00.000-07:00

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.

What Doctors Don't Want You To Know

2009-05-04T14:42:00.000-07:00

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.

Decreased Oxygen Flow To The Brain and Medical Malpractice

2009-04-28T10:09:00.000-07:00

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

2009-04-27T15:56:00.000-07:00

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

2009-04-26T18:37:00.000-07:00

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.

Bad Medical Results and Medical Malpractice

2009-04-23T13:45:00.000-07:00

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

2009-04-22T14:49:00.000-07:00

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

2009-04-21T13:52:00.000-07:00

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

2009-04-20T15:14:00.000-07:00

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

2009-04-19T17:50:00.000-07:00

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

2009-04-18T04:23:00.000-07:00

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

2009-04-17T04:38:00.000-07:00

Why You Should Investigate Your Doctor Before Undergoing Any Type of Risky or Complicated Surgery

2009-04-16T10:30:00.000-07:00

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

2009-04-15T13:59:00.000-07:00

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

2009-04-14T13:34:00.001-07:00

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

2009-04-13T15:05:00.000-07:00

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

2009-04-12T17:20:00.000-07:00

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

2009-04-11T14:15:00.000-07:00

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.

Medical Malpractice Risks Associated With Breast Implants

2009-04-10T07:17:00.000-07:00

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

2009-04-09T09:56:00.000-07:00

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

2009-04-08T05:44:00.000-07:00

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?

2009-04-07T05:38:00.000-07:00

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

2009-04-06T06:18:00.000-07:00

Structured Settlements and How They Can Benefit You

2009-04-05T10:19:00.000-07:00

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.
Article

Types and Causes of Wrongful Death Cases

2009-04-04T05:56:00.000-07:00

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

2009-04-03T07:23:00.000-07:00

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

2009-04-02T06:35:00.000-07:00

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.

How Insurance Companies Try to Pay You Less For Your Personal Injury Case and What You Can Do

2009-04-01T13:12:00.000-07:00

A number of insurance companies have implemented a new program aimed at reducing the amount of money you are paid as a result of your motor vehicle accident. Under this program, insurance companies are making low settlement offers on all soft-tissue injury claims involving low-speed crashes and minor vehicle damage. The new program is referred to as DOLF (Defense of Litigated Files) or MIST (Minor Impact Soft Tissue) cases. These cases typically involve low-impact crashes with minor property damage as a result of which the injured party claims injuries to the neck or back-the classic whiplash case. One of the major factors insurance companies look at in these cases is the amount of property damage, because they allege that the less damage there is to a motor vehicle, the less injury the claimant suffered. Whiplash, or soft tissue injury, has been the subject of a great deal of research and study. Roughly one million whiplash injuries occur each year, many in low-impact crashes. Studies have shown that even in an impact at only five miles per hour, the sudden movement results in g-forces (gravitational and acceleration forces) high enough to turn the average human head into a 150-pound load resting on the spine. One study showed that the less a car is damaged in a collision, the higher the acceleration of the impacted vehicle and the greater the risk of injury to the spine. This happens because a motor vehicle that compresses or collapses in a collision absorbs more of the force of the impact than one that remains undamaged. So what can you do to improve the value of your personal injury case if you are involved in a low-impact collision?
One definition insurance companies use to determine if an impact was minor is whether there is less than $1,000 of property damage to the motor vehicle. Since property damage estimates can vary by hundreds of dollars, you should take your damaged vehicle to the dealership for that make of motor vehicle. Generally speaking, dealerships will charge more to repair your damaged vehicle than will the local body shop. You should also insist that new parts, not reconditioned or used parts, be used to repair your vehicle. If the estimate to your vehicle is higher, you stand a better chance of defeating the DOLF or MIST strategy used by many insurance adjusters.
If you or someone you know has suffered a serious injury please visit http://www.selectcounsel.com to see how we can help you find one of the best lawyers in your area for your injury case. The lawyers we recommend have been independently rated by other lawyers and judges as being among the very best in their field of practice.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
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 Stages of a Litigated Personal Injury Case

2009-03-31T06:53:00.000-07:00

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

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

2009-03-30T07:11:00.000-07:00

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

2009-03-29T11:59:00.000-07:00

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

2009-03-27T05:48:00.000-07:00

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

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

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

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

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

2009-03-26T06:13:00.001-07:00

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

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Surgical Errors and Surgical Malpractice

2009-03-25T06:47:00.000-07:00

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

Nursing Home Malpractice

2009-03-24T06:30:00.000-07:00

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

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

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

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

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

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

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

Structured Settlements and How They Can Benefit You

2009-03-23T06:05:00.000-07:00

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

What is Emergency Room Malpractice and How Does It Happen?

2009-03-22T16:57:00.000-07:00

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

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

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

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

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

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

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

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

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

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

Anesthesia Malpractice and Anaesthesia Mistakes

2009-03-21T06:02:00.000-07:00

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

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

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

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

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

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

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

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

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

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

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

2009-03-20T05:32:00.000-07:00

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Types and Causes of Birth Injuries

2009-03-19T12:53:00.000-07:00

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

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

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

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

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

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

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

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

Burn Injuries and Obtaining Compensation

2009-03-18T08:45:00.000-07:00

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

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

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

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

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

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

Airplane or Airline Crash Cases

2009-03-16T04:46:00.000-07:00

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

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

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

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

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

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

Closed Head Injuries or Traumatic Brain Injuries

2009-03-15T05:20:00.000-07:00

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

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

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

2009-03-14T05:04:00.000-07:00

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

Erb's Palsy and Medical Malpractice

2009-03-13T04:37:00.000-07:00

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

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

Signs of Nursing Home Abuse and What To Do About It

2009-03-12T04:44:00.000-07:00

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

DOG BITE INJURIES AND WHAT TO DO

2009-03-11T04:48:00.000-07:00

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

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

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

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

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

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

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

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

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

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

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

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

Slip and Fall Down Cases

2009-03-10T15:19:00.000-07:00

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

What is a Birth Injury and How Does It Occur?

2009-03-09T06:28:00.000-07:00

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

Understanding Cerebral Palsy and What To Do About It

2009-03-08T14:00:00.000-07:00

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

TRAUMATIC BRAIN INJURY- TBI

2009-03-07T05:18:00.000-08:00

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

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

Wrongful Death Cases

2009-03-06T04:31:00.000-08:00

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

2009-03-05T04:45:00.000-08:00

SPINAL CORD INJURIES

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

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
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2009-03-04T04:41:00.000-08:00

Understanding The Patient’s Bill of Rights

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

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

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

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

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

2009-03-03T05:41:00.000-08:00

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2009-03-02T06:27:00.000-08:00

Acute Appendicitis and Risks For Misdiagnosis and Medical Malpractice

2009-03-02T05:43:00.000-08:00

The appendix is a small tubular organ attached to the colon. It is located in the lower right quadrant of the abdomen. A blockage within the appendix can be caused by feces, inflammation of intestinal lymph nodes or parasites. An infection of this organ, that serves no function, is potentially life threatening, especially if misdiagnosis occurs.

Patients with abdominal pain make up 5 to 10 percent of emergency room visits. Of those, only a small number will have appendicitis.

Approximately 1.1 in 1,000 people in the US, or 7 percent of the population, will develop appendicitis. The frequency of appendicitis climbs from birth, climaxes at approximately 18 or 19 years and slowly decreases thereafter. Men are almost one and a half times more likely to develop appendicitis than women.

Appendicitis has a high risk for misdiagnosis. There are no conclusive tests for detection of appendicitis. However, there are some procedures which ought to be followed. The physician should apply pressure to the abdomen to check muscle responses and rebound tenderness. A pelvic and/or rectal examination may also be performed. Blood tests are carried out to check for elevated white blood cell counts which may indicate infection. For cases where physical examination and lab tests are inconclusive, CT scans or ultrasound may be utilized.

Symptoms of appendicitis are:

· Rapid onset and worsening of abdominal pain
· Appetite loss
· Nausea or vomiting
· Constipation or diarrhea
· Fever
· Abdominal swelling

Not all patients exhibit these symptoms which leaves open the possibility of misdiagnosis resulting in doctor malpractice.

Another situation that increases the failure to properly diagnose risk is appendicitis can mimic other medical conditions such as:

· Intestinal obstruction
· Inflammatory Bowel Syndrome
· Gynecological disorders
· Intestinal adhesions
· Constipation

Appendicitis is treated by surgical removal of the appendix by either a traditional incision or a laparoscopic procedure. Due to their less invasive nature, Laparatomies generally have less complications and a faster healing rate. If left untreated, the appendix can rupture spilling toxic substances into the abdominal cavity. A perforated appendix increases the morbidity risk substantially.

The mortality rate for appendicitis is 0.2 to 0.8 percent. For patients older than 70, it rises to 20 percent. The perforation rate is higher in people younger than 18 years or older than 50. The mortality and perforation rates may be higher in the last two circumstances due to diagnostic delay.

There are three types of medical misdiagnosis. An improper diagnosis is a diagnosis given based on symptoms that may be similar to another condition. Another kind of misdiagnosis is when a secondary underlying condition is not detected and treated appropriated. The third form is delayed diagnosis where the medical condition is initially overlooked and diagnosis is not made until the condition has worsened.

Misdiagnosis of appendicitis is in the top five medical malpractice categories for lawsuits against emergency room doctors.

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.”

Seven Reasons Physicians are Sued For Medical Malpractice

2009-03-01T09:55:00.000-08:00

It is estimated 100,000 people die each year from medical errors caused by physicians alone. There are a number of reasons patients sue their doctors, but Dr. R.J. Roberts, of the University of Wisconsin Medical School, identified in his Family Practice Management article of March, 2003, 7 reasons why medical errors occur:

1. Cancer Misdiagnosis or Failure to Diagnose or a Delay in Diagnosis: This is especially true of breast cancer patients. Doctors who rely on false negative mammogram studies rather than on patient complaints and following up appropriately may cause harm to the patient and be liable for medical malpractice. Approximately 29 percent of screening mammograms return false negative results;

2. Birth Injury Malpractice or Negligent Maternity Care Practice: The two most common birth defect or birth injury medical malpractice claims arise from excessive use of oxytocin, specifically if the baby is experiencing distress, and the doctor’s failure to ensure their patient is covered by another physician informed about the patient’s clinical history should the primary doctor be unavailable;

3. Wrong Diagnosis and Misdiagnosis of Negligent Fracture or Trauma: This medical malpractice claim occurs when a doctor assumes that a fracture is merely a sprain or other minor injury without follow through investigation with x-rays or other proper diagnostic tests. Dependent on the location of the fracture, this can have severe consequences, including loss of a limb;

4. Delay in Diagnosis or Failure to Consult in a Timely Manner: A doctor who is sued for failure to consult in a timely manner has hesitated too long before making a referral and the patient has suffered adverse repercussions as a result. Within a reasonable amount of visits to the family doctor, the patient should be referred to a specialist if the family doctor is having difficulty pronouncing a diagnosis or symptoms are not improving or worsening despite treatment;

5. Medication Errors or Medication Malpractice Resulting From Negligent Drug Treatment: This is the third leading cause of death. Medical error or negligence in prescribing medications may be the cause of 225,000 deaths per year. Lack of patient education about the medications prescribed is a component of negligent drug treatment. Prescription drug malpractice claims can also result from a doctor’s poor handwriting on the prescription order and misinterpretation by a pharmacist;

6. Physician Malpractice Resulting From Negligent Procedures or Surgical Errors: Physicians do not necessarily have to be performing unfamiliar procedures for such a medical malpractice suit to ensue. Many physicians are sued because they performed procedures they are trained for when the doctor was not alert due to physical exhaustion or mental distraction. In these circumstances, sleep deprivation or mental stress may cause a deficiently performed procedure leading to patient complications;

7. Failure to Obtain Informed Consent: This allegation stems from the failure of the physician to ensure the patient is fully informed of expected outcomes, potential risks and reasonable alternatives to the recommended course of action advised by the doctor resulting in damages to the patient.

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

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

Failure to Diagnose or Misdiagnosis of Cancer Facts

2009-03-01T09:35:00.000-08:00

According to the American Cancer Society’s Cancer Facts & Figures, 2008, 1,437,180 Americans will have developed some form of cancer. Of those cancer victims, approximately 565,650 will succumb to the disease.
Cancer may remain undiagnosed in its early stages when there may be virtually few or no symptoms. Another complicating factor to diagnosis of cancer is that, because it can involve any area of the body, symptoms can vary widely. A third complication is symptoms of cancer can mimic an assortment of other diseases or conditions causing a physician to fail to diagnose the cancer or misdiagnose cancer as another condition.
Tests and interpretation of the results are another area where failure to diagnose or misdiagnosis of cancer may occur. If the physician does not order tests to investigate symptoms there is the possibility the cancer will progress to a later stage and, therefore, reduce the patient’s chances of survival. Misinterpretation of test results can result in non-treatment of the cancer or, in the alternative, treatments for a cancer that does not exist. Chemotherapy, radiation and surgery may be performed unnecessarily and cause the patient untold suffering.

The American Cancer Society lists approximately 40 different types of cancer in its Cancer Facts & Figures, 2008. These are the more commonly found cancers and do not include rare forms. With this many types of cancer, many health care providers are not sufficiently knowledgeable to recognize and test symptoms. Nonetheless, there are incidences where symptoms of even the most common forms of cancer, bladder, breast, colon and rectal, endometrial, kidney, leukemia, lung, melanoma and non-melanoma, non-Hodgkin lymphoma, pancreatic, prostrate and thyroid, are overlooked. For the rare form of cancers, there exists a higher risk it will not be diagnosed properly.

A patient whose symptoms fall into a category of cancer for which they are not particularly at risk, such as breast cancer in men (less than 1% of males will develop breast cancer or approximately 2,030 cases in 2007), a failure to diagnose or misdiagnosis of cancer possibility increases. Another group at risk are children. Children may not be able to articulate their symptoms and health care providers may dismiss them as childhood growing pains.

The most common malpractice lawsuits are for failure to diagnose or misdiagnosis of breast, lung and colon cancers.

If you suspect your health care provider has failed to diagnose or misdiagnosed your cancer, firstly, get a second medical opinion immediately and, secondly, contact a qualified malpractice lawyer 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.”