Friday, August 25, 2017

When You Need A Medical Malpractice Lawyer

When You Need A Medical Malpractice Lawyer

Reports show that more than 90,000 Americans are affected by medical errors annually, some of which even result in death. Although the number of medical malpractice claims is high, not every unfavorable medical outcome is a case of malpractice. In fact, to prove medical malpractice, the plaintiff must prove that their damages are indeed a result of an error on the medical practitioner's behalf and not simply a complication or risk of treatment or procedure.

Medical malpractice lawsuits can be some of the most costly and challenging to prove in the court of law. Due to the particular challenges common to these cases, and determining whether your damage is a result of medical malpractice, it is essential you seek the counsel of an experienced and highly rated medical malpractice attorney.

What is Medical Malpractice?

Medical malpractice occurs when someone is injured by a medical professional who neglects to provide reasonable care. To be awarded medical malpractice compensation, the plaintiff must prove a physician-patient relationship existed, the physician was negligent, the physician's failure to provide reasonable care caused the injury, and the injury led to the said injuries.

There are various ways to prove medical malpractice, all of which are based on whether or not the doctor applied the proper standard of care. The following common examples of medical malpractice will help you determine if you need a medical malpractice lawyer:

Failure to Diagnose

Medical malpractice has occurred when you feel that your physician failed to diagnose your condition and it lead to the worsening of your condition. This can occur when your doctor did not recognize your illness or condition, making an improper diagnose and treatment plan. Medical malpractice happens when these decisions prove to be detrimental to your health.

Failure to Inform a Patient of Possible Risks

The exact definition of informed consent varies from state to state; however, it typically means that a medical practitioner must notify their patient of the risks, benefits, and if there are any alternative options involved in any medical, surgical, or other procedure. Additionally, they must get the patient's written consent to begin the course of action.

In many cases, the failure to get written consent from the patient before providing treatment or procedure is a type of medical negligence and may even provide proper cause for a lawsuit.

Improper Treatment

It is your medical provider's obligation to provide care in the same manner that any other skilled medical provider in his or her position would.

If you feel that you have suffered damages due to inadequate treatment by your physician, or your medical case was handled differently than another doctor would have handled it, then you may have a medical malpractice claim. Similarly, if your doctor decides on the appropriate treatment but administers it incompetently, you could have a medical malpractice claim.

Improperly Prescribed Medications or Medical Devices

In some cases, a physician can ignore a manufacturer's instructions or incorrectly prescribes a medication or amount, which results in harm to the patient, in which case the medical professional could be held legally responsible.

In these cases, the prescribing doctor is responsible, due to her or his level of knowledge, in addition to the fact that she or he has been given sufficient information from the manufacturer and he or her in the best position to determine whether a particular medical device or medication is suitable for a patient; therefore, the doctor has the primary obligation of counseling the patient of the potential side effects and risks involved with a medical device or medication she or he prescribes.

Sometimes a pharmaceutical manufacturer is responsible for a medication which causes a patient harm, but only if the manufacturer neglected to warn of possible damages or side effects of the medication.

The Best Qualifications for Finding a Lawyer
These are just some of the cases involving medical malpractice and ways to determine if you need an attorney. When selecting a Medical Malpractice Lawyer, it is important to choose an attorney who is highly experienced in the area of medical malpractice and who is well known and respected by lawyers and teams of lawyers as a tough lawyer to go up against to help ensure the best outcome for your case.

Also, a qualified attorney will enable you to schedule a free consultation to go over the details of your claim, including all applicable paperwork, and determine the best way to proceed with your case, and he or she will not charge a fee for your case unless your case or settlement is won.

In cases involving settlement, a qualified attorney will have a history of negotiations and can help determine how much your case is worth. Furthermore, they will be able to help you obtain a settlement amount that is greater than what the insurance company has presented, with little inconvenience and costs as possible, and will hold out however long it takes.

About the Author

Thomas Valet is a Lng Island and NYC Medical Malpractice Lawyer at Valet Law. Tom has the necessary resources, experience, and track history to determine the nature and severity of your case as well as the degree of harm and the amount of damages, to help ensure your case gets handled the best way possible. Learn more by visiting of ValetLaw.com.


Additional References



Tuesday, June 6, 2017

Do You Need A Legal Malpractice Lawyer?

Do You Need A Legal Malpractice Lawyer?

Sometimes you face issues in life that require an attorney's legal representation, so you hire an attorney in full faith that she or he will do the best of their ability to help you win your case. However, what do you do when your attorney fails to do their work, makes mistakes, or severely mishandles your case? You may consider hiring a legal malpractice lawyer to sue your attorney for legal malpractice.

Legal malpractice occurs when an attorney neglects to meet accepted standards of the legal profession, which causes a client to suffer monetary loss.

To win a legal malpractice lawsuit, the plaintiff must prove precisely what standard professional code of conduct the attorney breached in addition to demonstrating that if the standard had not been breached the plaintiff would not have suffered financially. To prove a legal malpractice case, it must meet the following criteria:

The plaintiff must demonstrate that an attorney-client relationship existed between the lawyer and the plaintiff, also there must be proof that there was a violation of the obligation to provide competent representation.

The plaintiff must also prove that this violation caused the plaintiff's injury, and as a result, the injury led to a financial loss on the plaintiff's behalf. The most common types of legal malpractice include:

Breach of Contract

You will be required to sign a contract upon hiring a lawyer. Once the contract is in play, if the lawyer neglects to do what the terms of the contract oblige her or him to do, then he or she has committed legal malpractice, in which case he or she will be held liable for damages.

Negligence

Your attorney is obliged to handle your case just as any other competent attorney would under the same circumstances. If your attorney neglects to handle your case in a competent and sufficient manner, he or she may be at fault for legal malpractice. As a result, the attorney may be held legally responsible for damages.

Breach of Fiduciary Duty

Your attorney is legally required to act in your best interest. If your attorney neglects to act in your best interest and instead, acts in his or her best interest, and your case is negatively affected as a result, it is more than likely a case of legal malpractice based on a breach of fiduciary duty, in which case you can sue your attorney to recoup your loss.

There are various cases in which you may require a legal malpractice lawyer, some of the most common examples include:

The Attorney is Incompetent

If you have reason to believe that your case was thrown out as a result of your lawyer's incompetence or failure to do his or her job, then you may have just cause for a malpractice claim provided that you can prove that if your case was handled properly, you could have been rewarded a judgment. If you are successful in proving your case, your attorney is responsible for compensating whatever money you could have been rewarded had your case been handled competently.

The Attorney Fails to Communicate

When your attorney fails to communicate with you concerning the details of your case, it is not only frustrating, but it can cause you to seek another lawyer to represent you in the middle of the case, which can be difficult.

If your attorney neglects to communicate with you or return your phone calls for a long period of time, he or she may be guilty of abandoning you, which is a clear violation of the attorney's ethical duty.

If you believe that this is your case, it is always recommended that you voice your concerns to your attorney. If this still does not resolve the issue, then you may consider obtaining legal malpractice lawyers to obtain a second opinion and possibly suing the attorney for legal malpractice.

Your Attorney Settles Your Case Without Your Consent

By law, your attorney may not consent to settle your case without your approval. If your attorney has settled your case without your consent and you can prove that the settlement the attorney agreed upon was much less than what your case was worth, your attorney may be held liable for damages.

The Best Qualifications in Finding a Lawyer

Proving legal malpractice is a difficult task; therefore, you need a Legal Malpractice Attorney who is well practiced in this area to increase your chance of proving your case.
Also, a qualified attorney is well adept in negotiations and will fight to get you the settlement you deserve, and in most cases, as quickly as possible.

Lastly, a qualified attorney is confident in his or her ability to help you win your case; therefore, he or she will not typically charge a fee unless your settlement or case is won. Also, they will also allow you to schedule a free consultation to discuss the details of your case and advise you on the best way to proceed.

About

Thomas Valet is a Top 100 Rated malpractice lawyer with over 30 years experience and over $500 million dollars in settlements and awards. Learn more about legal malpractice by visiting his website.

Additional References


The information on this blog is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The hiring of any lawyer is an important decision that should not be based solely upon advertisements.

Thursday, March 30, 2017

How To Determine If You Need A Nursing Home Abuse Lawyer

How To Determine If You Need A Nursing Home Abuse Lawyer

As a nursing home resident, just as any other citizen, you have a right to be treated with respect, receive proper medical care, be free from abuse and neglect, get proper privacy, and spend time with visitors, just to name a few. When these rights are neglected or abused by an employee of the nursing home or another resident, you may consider contacting a Nursing Home Abuse Lawyer for immediate assistance.

Under federal law, a nursing home must protect and encourage the rights of each resident. When these rights are violated, the nursing home can be held responsible for the conduct of their employees in addition to other negligent behavior that may have lead to the abuse or permitted the abuse to happen.

Often, under staffing leads to nursing home abuse. In fact, studies show that at least 1/4 of nursing homes had a lack of qualified staffing that caused injury to residents or put them at risk for serious harm or death. Nursing home abuse can occur in various ways, including psychological or emotional abuse, physical abuse, sexual abuse, financial exploitation, neglect, and abandonment.


Psychological or Emotional Abuse - Psychological or emotional abuse takes place when a nursing home employee does something to create emotional or mental suffering on a nursing home resident.
 

Physical Abuse - Physical abuse occurs when threatened, or physical harm is caused to a nursing home resident, or there is a lack of basic essentials.

Sexual Abuse - Sexual abuse occurs when there is a sexual contact of any type without the nursing home resident's consent.

Financial Exploitation - Financial exploitation occurs when a nursing home employee unlawfully misuses, takes, or hides the property, money, or assets of a nursing home resident.

Neglect - Neglect occurs when a nursing home resident is deprived of the care and medication required by a nursing home. This failure to provide adequate care or medication can lead to sickness or death. Additionally, Self-neglect occurs when a nursing home resident displays conduct that threatens her or his safety or health and action to prevent the conduct is withheld.

Abandonment - Abandonment exists when a nursing home employee who has assumed responsibility for the proper care of a nursing home resident, abandons the resident. Some common warning signs of nursing home abuse include:

  • Rapid weight loss
  • Poor personal hygiene
  • Heavy use of medication
  • Fractures or broken bones
  • Frequent illness
  • Depression or low self-esteem
  • Mood swings, anxiety, or withdrawals
  • Unexplained or sudden death
  • Frequent emergency room treatment
  • Injuries sustained from wandering
  • Bruises or injuries sustained from use of restraints
  • Delays in notifying the doctor, family members, or another guardian of resident incidents
  • Caregiver reacts defensively to basic questions concerning the resident's care
  • and more
If you suspect that a loved one is a victim of nursing home abuse or neglect, you have a legal a right to pursue a formal investigation and legal intervention by a Nursing Home Abuse Lawyer to protect the rights of your loved one.

When a loved one makes the transition from the cozy home environment to a nursing home, as a family member, you want to feel confident they will be handled with the care and respect they deserve. If a nursing home has failed to meet the standard of care it owes to each of its residents; it can be held responsible for any neglect, abuse, and other related injuries.

Some common examples of nursing home abuse claims that require contacting a nursing home abuse lawyer include:

  • Neglecting to provide sufficient security for residents
  • Neglecting to sufficiently train staff members
  • Negligent hiring of potentially hazardous or unqualified individuals
  • Failing to provide the necessary food, shelter, water, or medication for residents
  • Neglecting to properly oversee staff, enforce policies and rules against abuse, or to appropriately discipline staff members for violating policies
  • Allowing dangerous or hazardous conditions to exist in the nursing home, leading to injuries, including falls
  • and more
 Best Qualifications for a Nursing Home Lawyer

Nursing home abuse is a serious problem. If you or a loved one has suffered abuse at the hands of a nursing home, it is important to select a Nursing Home Attorney who has decades of experience handling nursing home abuse claims and will not charge a fee for your case unless your settlement or case is won. They will also provide a free consultation to go over the details of your case and advise you on the best way to continue.

Also, it is important to select an attorney who provides understanding and compassion in your time of need and who is dedicated to fighting for the rights of the abused as well as the family.

In the event of a settlement, a qualified attorney will fight to get you a greater amount than what the insurance company offers, and in many cases, as swiftly as possible. 



Additional References

About

Thomas P. Valet is a top 100 rated NYC Lawyer who specializes in all areas of malpractice, personal injury, and product liability. Learn more by visiting his website at: ValetLaw.com

The information on this blog is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The hiring of any lawyer is an important decision that should not be based solely upon advertisements.