Tag: malpractice

Suicide Lawsuit Attorney: Psychiatric Malpractice Lawyer – Law Offices of Skip Simpson #sue #lawyer


The Law Offices of Skip Simpson

A caring and compassionate lawyer who understands suicide prevention and takes it seriously

A father killed himself today.

So did a mother.

And so did someone’s grandfather.

On the day you read this, more than 98 of our brothers, sisters, parents, cousins, co-workers, friends, and loved ones will have died by suicide. For those with family or friends in a hospital, some of these deaths (5-6 each day) will be loved ones you thought would surely be protected in the “safety” of our hospitals. Some of those deaths occurred because patients were prematurely discharged from hospital. they were still at high risk for suicide.

Alarming statistics about suicide

The National Institute of Mental Health (2011) reports that over 90% of Americans who die by suicide suffer from a treatable mental illness and/or substance disorder. With competent care, protection, and proper treatment, thousands of these victims could, conceivably be alive today.

However, before a mental health provider can treat mental illness, they need to detect, assess, and protect the suicidal patient before suicidal individuals choose to attempt that most desperate and final act. In those situations in which suicidal people have been detected and are referred for psychiatric care, many families and friends believe their loved ones are safe.

Unfortunately, they are not always safe. Many licensed mental health professionals are poorly trained – if trained at all – in the detection, assessment, protection and treatment of suicidal people. Although you might expect your loved ones to receive proper care in a psychiatric facility, they might actually be in harm’s way due to poor training of facility staff.

Recommendations to prevent suicide

Approximately 10 years ago the National Strategy for Suicide Prevention (U.S. Department of Health and Human Services, 2001), the Institutes of Medicine (2002) and the President’s New Freedom Commission (2003) all called for improved training and education in the recognition and treatment of patients at-risk for suicidal behaviors .

These recommendations have largely been ignored by mental health providers. Excellent training is available for clinicians and psychiatric hospitals but few are seeking it. Here is the analysis by mental health providers and hospital CEO’s: The odds of having a patient suicide are relatively low. If there is a suicide the clinician or hospital’s well-funded insurance company will cover the expense of the defense litigation. The defense tactic will be to blame the deceased patient and his or her family for the suicide. If a family does recover a settlement or verdict, the insurance company will pay. Why seek training in suicide prevention? It is time consuming and keeps the clinician and hospital staff away from billing patients and their families.

Whom should families and communities trust?

Families and communities believe their suicidal loved ones/citizens are safe once they are seen at a hospital emergency room, psychiatric facility, mental health center, counseling agency, or mental health professionals’ private practice.

The public is misinformed!

Mental health professionals and organizations have been resistant and evasive in enforcing safety rules for suicidal patients. Why? Safety rules are expensive to enforce. It involves training and time. If the mental health industry will not enforce safety rules for the protection of suicidal patients and communities, families have one remedy: lawsuits. Citizens understand they can turn to the judicial system and obtain justice from their fellow citizens. Fellow citizens are also at risk when dangerous care is not stopped. A jury which represents the community will make sure families are protected from negligent psychiatric hospital and clinician acts and omissions.

Skip Simpson knows how to address the problem

Skip Simpson, a trial lawyer, educator, and patient advocate, knows what’s wrong. He knows what’s missing. And he knows how to fix it.

It’s difficult to make sense of a loved one’s suicide. Family and friends of people who take their own lives often ask “why?” Those close to someone who dies by suicide typically feel pain and guilt after the initial shock.

A suicide leaves a dark cloud hanging over a wide array of people. A spouse, a parent, a child, a sibling or a close friend may have taken steps to help their loved one. Family members may have found a hospital or a medical professional who they thought would help. Tragically, people sometimes take their own lives while under the care of professionals who failed to meet the standard of care.

When someone has a condition that creates a risk of dying by suicide, the medical profession has a responsibility to help that person like it should with any another illness. When the proper steps are taken, nearly all suicides are preventable. This is what makes inpatient suicide so troubling. Medical professionals should be trained in reducing the risk of suicide. Facilities should be giving each patient the competent treatment that they deserve and expect. When this is not the case, a patient can be at risk to inflict harm on themselves.

The Law Offices of Skip Simpson believe passionately in suicide prevention. Sometimes a suicide malpractice lawsuit is the only way to demand accountability and make sure fewer people die at their own hands.

How an attorney can help after a traumatic ordeal

The Law Offices of Skip Simpson has earned a national reputation for its successes in handling inpatient suicides at mental health facilities and other mental health malpractice cases. Our cutting-edge approach to successfully defending families of suicide victims has been featured in numerous national publications.

Hospitals or clinics are often staffed with people who don’t have adequate training. Primary care physicians may understand the various disorders linked to suicide, but typically receive little training in dealing with suicidal people. Other workers at healthcare facilities may make very little money and be asked to work long shifts. They may take on responsibilities that are beyond their experience. Many health professionals mean well. But good intentions are not good enough.

Mental health patients and their families deserve proper mental health treatment. When a patient dies due to psychiatric negligence or because a healthcare worker failed to properly check on a suicidal patient’s well-being, the families who lost a loved one need an experienced and knowledgeable attorney who can help hold the responsible parties accountable.

Demanding accountability from healthcare providers

Skip Simpson sees his job as a way to hold mental health care providers accountable for standards of care. Suicide prevention is our Number One goal. Take away the threat of litigation and you take away accountability. There is no such thing as a standard of care that allows a hospital to needlessly endanger its patients, yet hospitals and clinicians frequently take short cuts which put patients at risk for suicide.

The Law Offices of Skip Simpson take pride in our work representing mental health patients and their families. The firm has a highly successful track record. Although based in Frisco, Texas, Attorney Simpson represents clients nationally.

For a free consultation, call 214-618-8222 or fill out our online contact form. Contact a law firm that is passionate about helping the mentally ill. Contact a lawyer committed to working for families. Contact the Law Offices of Skip Simpson.

Tags : , , ,

Personal Injury Lawyers Haddonfield NJ, Medical Malpractice Attorneys Camden County, best malpractice lawyers.#Best #malpractice


South Jersey Medical Malpractice Attorneys Personal Injury Lawyers

Reputation for Excellence

Lawyers throughout the state refer their major cases, as well as their family and friends, to The Law Offices of Andres Berger, P.C.. Selected by our peers and clients as top lawyers in New Jersey, we have helped thousands of injured victims recover the money they need to pay their medical bills, support their families and be compensated for their injuries.

Certified Civil Trial Lawyers

Attorneys Berger, Andres and Gibney are among the fewer than 2 percent of New Jersey attorneys certified by the Supreme Court of New Jersey as Civil Trial Attorneys. A designation granted to attorneys who are able to demonstrate sufficient levels of experience, education, knowledge, and skill in civil trial practice.

Distinguished Credentials

Attorneys Andres, Berger and Gibney each served as president of the New Jersey Association for Justice-NJAJ. Berger and Andres are fellows of the American College of Trial Lawyers and have been selected to serve on New Jersey Supreme Court Committees for Ethics, Civil Practice and Model Civil Jury Charges. Andres and Berger are adjunct professors of law at Drexel University Law School where they teach trial advocacy.

When Tragedy Strikes You Deserve the Best Representation

Choose the experience of our personal injury and medical malpractice attorneys at The Law Offices of Andres Berger, P.C..

If you or someone close to you has been injured in an accident, call our firm today for a free consultation about your case. The top-rated trial attorneys at our boutique firm, Kenneth G. Andres, Jr., Michael S. Berger, Tommie Ann Gibney and Abraham Tran. They fight tirelessly for injured clients.

The Law Offices of Andres Berger, P.C. are located in Haddonfield, NJ, but we have become the go-to legal resource for clients all over New Jersey. Colleagues and clients and most importantly insurance companies recognize our tenacity and commitment to each and every injury case we pursue.

The Camden County injury law firm includes not only high quality lawyers, but also experienced paralegals, nurses, and support staff who provide valuable assistance in your case preparation.

Consulting with the most highly regarded and qualified experts in both personal injury cases and medical malpractice lawsuits. We consult with forensic investigators, orthopedists, psychiatrists, other specialized physicians, accident reconstruction consultants, safety engineers, vocational and economic specialists and others, we will carefully prepare your lawsuit.

We interview all witnesses, examine all evidence and scrutinize all medical and accident reports to make sure we have a winning case.

Next, we negotiate skillfully in an effort to reach a settlement on your behalf. When that’s not possible, we are ready for battle and we’ll fight tirelessly for you and your family in a court of law in Cherry Hill, Voorhees, Marlton and throughout Camden County. Call our law firm directly or fill out our online form now. We offer a free consultation with no obligation.

Tags : , ,

Medical Malpractice Basics, malpractice search.#Malpractice #search


Medical Malpractice Basics

Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. The rules about medical malpractice — from when you must bring your lawsuit to whether you must notify the doctor ahead of time — vary from state to state. But there are some general principals and broad categories of rules that apply to most medical malpractice cases. Here’s an overview of the law and some of these special rules.

To prove that medical malpractice occurred, you must be able to show all of these things:

A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing — this means you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.

The doctor was negligent. Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor’s care is not required to be the best possible, but simply “reasonably skillful and careful.” Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. Almost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from that standard.

The doctor’s negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor’s negligence caused the death rather than the cancer. The patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.

The injury led to specific damages. Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can’t sue for malpractice if the patient didn’t suffer any harm. Here are examples of the types of harm patients can sue for:

  • physical pain
  • mental anguish
  • additional medical bills, and
  • lost work and lost earning capacity.

Common Types of Medical Malpractice

A wide variety of situations can lead to a medical malpractice claim — from a doctor leaving a sponge in a patient’s stomach during an operation to failing to tell a patient that a prescribed drug might cause heart failure. Most medical malpractice claims fall into one of these categories:

Failure to diagnose. If a competent doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved, then the patient may have a viable medical malpractice claim.

Improper treatment. If a doctor treats the patient in a way that no other competent doctor would, the patient could have a medical malpractice claim. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently.

Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment — this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen). (To learn more, read Nolo’s article Medical Malpractice: Informed Consent.)

Special Requirements in Medical Malpractice Cases

Many states have special rules and procedures for medical malpractice claims. It is important to know about these rules and follow them carefully.

Medical malpractice cases must be brought soon after the injury. In most states, you must bring a medical malpractice claim fairly quickly — often between six months and two years, depending on the state. (The time period in which you must bring the lawsuit is called the “statute of limitations.”) If you don’t file the lawsuit within the specified period of time, the court will dismiss the case regardless of the facts.

When the time period starts ticking also depends on the state. In some states, the clock starts when the negligent act occurred; in others, it starts when the patient should have discovered the injury.

Special medical malpractice review panels. Many states require the patient to first submit the claim to a malpractice review panel. This panel of experts will hear arguments, review evidence and expert testimony, and then decide whether malpractice has occurred. The panel decision does not replace an actual medical malpractice lawsuit, and the panel cannot award damages, but it’s a hoop the patient must jump through before getting to court. The findings of the review panel can be presented in court, and courts often rely on a review panel’s finding of no medical malpractice to throw out a case before it goes to trial.

Special notice requirements. Some states require that the patient give the doctor notice of the malpractice claim, in the form of a basic description, before filing anything.

Expert testimony is required. Expert opinions are often a crucial feature of the patient’s case. A qualified expert is usually required at trial. (And often, expert testimony or an expert affidavit is required at the malpractice review panel proceedings prior to commencing trial.) State rules vary as to what makes somebody qualified to provide expert medical testimony, but generally it is someone with experience in the particular field at issue. In a very limited number of circumstances, expert testimony is not required, such as when a surgical towel is left inside the patient after a surgery.

Limits on damage awards. Many states limit or “cap” the amount of money that can be awarded to a medical malpractice patient. (Get the details: State-by-State Medical Malpractice Damage Caps.)

Getting Help

Medical malpractice law is highly regulated by a complex body of rules, which vary considerably from state to state, so it’s often essential to get advice or representation from a lawyer.

For help on choosing a good medical malpractice attorney, read Nolo’s article Finding a Personal Injury Lawyer. Or, you can go to Nolo’s Lawyer Directory for a list of personal injury attorneys in your geographical area.

Tags : ,

Pena & Kahn Law Firm #malpractice #attorney #nyc


Personal Injury Attorneys

Founded in 1987, on Roosevelt Avenue in the vibrant heart of Jackson Heights and then expanding into the Bronx, the law firm of Pe a Kahn has grown to be one of the most respected law firms in New York City. Pena Kahn fights for the rights of everyday citizens like you who have been unjustly injured due to the negligence of others.

Strengthened by our reputation in the community among our clients, our colleagues, and in the courthouse, Pena Kahn has become one of the most successful and well known law firms in the region. With 17 attorneys on our staff as well as 40 other staff members we have the necessary combination of experience, tenacity and compassion needed to fight for your rights. The firm is one of New York’s leading personal injury litigation groups today, with three offices to serve clients across the region.

Our mission at Pe a Kahn, PLLC, is to obtain compensation for people who have been seriously harmed through the negligence of others.

Pe a Kahn takes almost every kind of case in which people are injured:

  • Motor Vehicle Accidents: Whether you were in a car, a bus or a truck, on a motorcycle or a bicycle, or just walking down the street, we represent clients who have been injured in any type of transportation accident.
  • Construction and Workplace Accidents: Where a worker is injured at a construction site falling from a ladder a roof or a scaffolding, or other worksite injury
  • Slip and Fall Accidents: Where a person is injured on another party s premises
  • Medical Malpractice: Where a health care provider s care has failed to meet accepted standards by failing to diagnose a serious illness, or failing to follow proper medical procedures
  • Defective Product Cases: Where a products failure leads to serious injury. This includes defective products such as dangerous toys, improperly designed machinery harmful prescription drugs, electrical appliances, power tools and automobiles
  • Other Personal Injury Claims: We also handle many other types of personal injury claims, including injuries sustained in schools, nursing homes and day care centers, injuries resulting from assaults and abuse, devastating injuries sustained as a result of a drunk driver as well as brain injuries and birth trauma.
  • Pe a Kahn is also experienced in the area Aviation Law. Our firm successfully represented families of victims of American Airlines flight 587 which crashed in Belle Harbor New York shortly after take off from J.F.K. airport on November 12, 2001. Aviation litigation involves complex legal issues and it is important to have a lawyer who understands those issues.

We stand up for people of every age and in every situation, from a baby harmed during a birth trauma to a grandfather suffering daily abuse in a nursing facility. In the case of wrongful death suits, we represent the families of those who perish from their injuries.

If you or a loved one has been injured due to the negligence of someone else, our attorneys may be able to obtain compensation for you. Call us, or use this online e-mail form.

Tags : , ,

Recent Jobs – New York State Bar Association #malpractice #attorneys #new #york


New York State Bar Association

WEBSTER SZANYI LLP, located in Buffalo, New York, seeks applicants for a full time position in the area of commercial / complex litigation. The position requires a minimum of 4 – 5 years of experience with prior admission to NYS Bar. Excellent academic record and strong writing skills required. Candidates must be capable of handling a variety of matters independently. Successful candidates will handle or be involved in all aspects of litigation from case inception through trial or other.

Lewis Brisbois Bisgaard & Smith LLP is a national law firm with its New York Office located in lower Manhattan. We currently have opportunities for Associate attorneys to join our prominent, fast growing, and successful professional liability team. The ideal candidate will have 2 to 5 years of litigation experience; defense of professionals preferred but not required. An added plus is someone with legal malpractice/accounting malpractice experience. We work together as a team and value creative.

Lewis Brisbois Bisgaard & Smith LLP is a national law firm with its New York Office in lower Manhattan. We currently have an opportunity for an associate attorney to join our defense and coverage team. The ideal candidate will have 3 to 5 years of defense and coverage experience in the areas of property damage, construction litigation and general liability. In addition to teamwork, we value creative strategic thinking, and excellent writing and advocacy skills. Please use the code “SW- Coverage”.

Legal Job Board Network

Responsibilities:The Attorney will be responsible for doing outreach, community legal education, advice, brief service and legal representation to elders living in Albany County (approximately .80 FTE) and Rensselaer County (.20fte). Case work includes advice, brief service and representation on consumer issues, wills and estates, housing, Social Security Disability, public benefits, including administrative hearings and issues involving elder abuse, grandparents’ rights, Medicare, Medicaid.

Responsibilities:The Attorney will primarily be responsible for providing legal representation and assistance in housing cases and may be assigned cases involving the essential legal needs of low income clients such as mortgage foreclosure, public benefits, and consumer rights. Responsibilities include representation in court and administrative proceedings; legal advice and brief services to clients; client legal education and in-service training to human service providers on legal issues;.

Harter Secrest & Emery LLP is seeking a corporate attorney with 2-5 years of experience for the firm’s Rochester, NY office. Securities Act of 1933 and Securities Exchange Act of 1934 experience required. Candidates must have excellent oral and written communication skills and a strong academic background. Enthusiasm for client service and initiative are essential.Inquiries should be submitted, together with a cover letter, resume and law school transcript to:Cristy Gordon, Legal RecruiterHarter.

Tags : , , ,

Does My Business Need Terrorism Insurance? #what #does #malpractice #insurance #cover


Does My Business Need Terrorism Insurance?

Terrorism insurance is offered separately or as a special addition—called an “endorsement” or “rider”—to your standard commercial property insurance policy. A standard business policy alone will not cover losses caused by terrorism.

Terrorism coverage is a public/private risk-sharing partnership that allows the federal government and the insurance industry to share losses in the event of a major terrorist attack. The Terrorism Risk Insurance Act (TRIA), which was enacted by Congress in November 2002, ensures that adequate resources are available for businesses to recover and rebuild if they are the victims of a terrorist attack. Under TRIA all property/casualty insurers in the U.S. are required to make terrorism coverage available.

Q. What is covered by terrorism insurance?

A. A commercial terrorism policy covers damaged or destroyed property—including buildings, equipment, furnishings and inventory. It may also cover losses associated with the interruption of your business. Terrorism insurance may also cover liability claims against your business associated with a terrorist attack.

Q. What’s excluded in a commercial terrorism insurance policy?

A. Depending on your state, a terrorism insurance policy may exclude coverage for fire following. Nuclear, biological, chemical and radiological (NBCR) attacks are also excluded, except in the life, health and workers compensation lines of insurance.

Cyber risks are also an emerging terrorist threat. It is possible that property damage or injuries to employees could be caused by a cyber-attack—for instance an attack that causes equipment to malfunction. On the other hand, most computer attacks are not violent and do not cause physical damage. In general, terrorism insurance is unlikely to cover a cyber-attack, and a small business concerned about this risk should consider purchasing separate cyber liability insurance.

Q. How does terrorism insurance work?

A. Losses are only covered by a terrorism insurance policy if the U.S. Department of the Treasury officially certifies an event as an act of terrorism. This requires that the act be violent and be driven by the desire of an individual or individuals to coerce U.S. civilians or government. No act shall be certified by the Secretary as an act of terrorism if property and casualty losses, in the aggregate, do not exceed $5 million. The act must also cause at least $100 million in damage to be considered a terrorist attack.

The definition of a certified act of terrorism has been expanded to cover both domestic and foreign acts of terrorism.

Factors to Consider When Deciding Whether to Buy Terrorism Insurance

About 60 percent of U.S. businesses have terrorism insurance. A few factors to consider when deciding whether or not to insure yourself against terrorism include:

  • Business Location —Rural and residential areas are less likely to be targeted by a terrorist attack. Commercial urban centers, as well as airports and train stations, have a higher risk for terrorist attack.
  • Cost —Premiums for terrorism coverage range from $19 to $49 per million of insured value, depending on the size of the company. The expense generally represents 3 to 5 percent of a company’s property insurance costs.
  • Type of Business —Certain industries—such as the energy sector—have a higher risk of being targeted for terrorist attacks. If your business is part of a high-risk industry, you may want to consider purchasing terrorism insurance.

Tags : , , , ,

FL Wrongful Death Act #tampa #medical #malpractice #lawyers


How Does Wrongful Death Act Discriminate?

When someone dies in Florida as a result of medical malpractice, the types of damages that may be recovered, and also who has a right to recover damages, is strictly controlled by the Florida Wrongful Death Act.

Here is what is allowed:

1- A living spouse may recover for his or her own intangible damages, such as mental pain and suffering and loss of companionship.

2- A living spouse may recover the value of lost services (usually of a household nature), and lost economic support if the decedent was employed.

3- Any other blood relative wholly or partly dependant on the deceased person for support or services may recover for the value of those lost services or support. This usually means children, but also includes adopted children, and would even include brothers, sisters, grandparents, grandchildren and any other blood relatives if they were wholly or partly dependant on the deceased person for support or services.

4- Living children of the deceased person, if under the age of 25 at the time of death, may also recover intangible damages for mental pain and suffering and loss of parental guidance and companionship.

5- If the deceased person was employed and you can fairly predict (usually with the help of an economist) that he would have accumulated more assets over his or her remaining work-life expectancy, then the estate of the deceased person may also recover for those lost assets. These damages are called lost net accumulations of the estate .
6- The estate can also usually recover for any medical bills actually caused by the negligence.

7- The estate or family may recover for the funeral expenses depending on who paid them.

Now here is the problem. What happens if the hospital or doctor s malpractice causes the death of a 60 year old widow who was retired? Her children are in their 30 s or 40 s, and they are devastated by their mother s untimely unnecessary death. Unfortunately, under Florida s discriminatory Wrongful Death Act, since there is no spouse and there are no children under 25, and no other dependent relatives, then the only damages from the above list that are recoverable are the funeral bill (7 above) and medical bills (6 above) caused by the negligence. If Medicare, Medicaid, or private insurance paid the medical bills then those agencies must be paid back out of the recovery. If the medical bills remain unpaid, then the bills are required to be paid out of the recovery. This means the family is in reality only able to bring a medical malpractice law suit solely for the purpose of recovering the funeral bill, which may often range from $3,000 to 12,000. Since it often costs $40,000 to $100,000 in expenses (expert witnesses, court reporters etc.) to bring a malpractice case, such a suit makes no economic sense, and would end up costing more than could possibly be recovered.

Another example of the statute s discriminatory action would be with the death of anyone over age 24 who is disabled and unmarried. If the patient is killed by the negligence of a doctor or hospital in Florida, there will probably be no viable suit for damages. The patient may have parents or brothers and sisters, but all that may normally be recovered in a medical malpractice for such a suit is the funeral bill. Again, such a suit would simply not be economically justified. Even if the patient was not disabled, but instead had a steady job, it would need to be a fairly good paying job with a good future outlook before the estate would have much of a claim for lost net accumulations (see paragraph 5 above).

Of course Florida s hospitals are full of unmarried adults with no children under 25, and full of retired people without spouses. Young people are putting off marriage longer than they used to and we have a huge elderly population who have lost a spouse, divorced, or never married. Why does Florida law allow them to be killed by medical negligence without recourse? The answer is simple. It s because the medical, hospital, and insurance industries in Florida are very politically powerful. They lobby and they donate and they are given what they want in the name of tort reform and the false battle cry of eliminating frivolous lawsuits. As with most so-called tort reforms, such legislation is not really aimed at frivolous cases but at legitimate cases.

Keep in mind these discriminatory provisions only apply to medical malpractice cases and not other types of negligently caused deaths. For example, if that same 60 year old described above were killed by a negligent driver, her children (even though over 24 years old) would be allowed to bring a claim to recover for their emotional damages. And the parents of that 25 year old unmarried child could recover for their emotional damages if he was run down by a motorist. You might think of it this way: if someone like you were to accidentally cause the death of someone in these socio-economic categories you could be held responsible for these types of damages to the family of the deceased person. The statute elevates only doctors, hospitals, and other health care providers to this exalted status of having virtual immunity for negligently killing some of the most defenseless members of our society, i.e. the elderly, the disabled, and the underemployed.

Before you decide not to pursue a case because of these restrictions, be sure to discuss your possible case with a malpractice lawyer. In some very rare factual situations there may be a way around some of these damage limitations.

Tags : , , ,

What is Malpractice? #malpractice #lawyer #pa


What is Medical Malpractice?

ABPLA Board Certified Medical Malpractice Attorneys
The Top Medical Malpractice Attorneys in America

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

  • A violation of the standard of care – The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
  • An injury was caused by the negligence – For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
  • The injury resulted in significant damages – Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.

Examples of Medical Malpractice

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Failure to recognize symptoms

Choose a Board Certified Medical Malpractice Attorney

If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury, you should consult a Board Certified medical malpractice attorney .

ABPLA Board Certified medical malpractice attorneys are among the best medical malpractice attorneys in the country. Each Board Certified attorney must meet and exceed rigorous standards through Experience, Ethics, Education, Examination and Excellence in professional liability law.

What is Legal Malpractice?

ABPLA Board Certified Legal Malpractice Attorneys
Experts in Attorney Malpractice

Legal malpractice occurs when a lawyer commits an error, omission or breach of duty to the client or the justice system that results in a negative legal outcome or monetary loss for the client or a third party.

To be considered malpractice under the law, the claim must have the following characteristics:

  • There was a violation of the standard of professional conduct – The law acknowledges that there are certain legal standards that are recognized by the profession as being acceptable conduct. These standards of professional conduct are largely determined by the ethics rules of the state bar association. Attorneys have an obligation to their clients and the bar to operate within these standards. Clients have the right to expect attorneys will follow the law, behave in an ethical and honest manner, act in the best interests of their clients with integrity, diligence and good faith, and will execute their matters at a level of competency that protects their legal rights. Lawyers must also maintain and supply clients with full and detailed reports of all money and/or property handled for them. Finally, attorneys must not inflict damage on third parties through frivolous litigation or malicious prosecution. If it is determined that the standards of professional conduct have been violated, then negligence may be established.
  • The negligence caused a negative legal outcome – It is not sufficient that an attorney simply was negligent for a legal malpractice claim to be valid. The plaintiff must also prove that there were legal, monetary or other negative ramifications that were caused by the negligence. An unfavorable outcome by itself is not malpractice. There must be a direct causative link between a violation of the standard of professional conduct and the negative result.
  • The negligence resulted in significant damages – Legal malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff must show significant damages that resulted from the negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To be worth pursuing, the plaintiff must show that the outcome resulted in losses far in excess of the amount of legal fees and expenses necessary to bring the action.

Examples of Lawyer Negligence

Attorney malpractice can take many forms. Here are some examples of legal negligence that might lead to a lawsuit:

  • Conflicts of interest
  • Errors or omissions resulting in dismissal of a client’s case
  • Missing Statute of Limitations
  • Misappropriation of client funds
  • Billing fraud
  • Poorly written legal documents
  • Breach of fiduciary duty
  • Breach of attorney-client privilege
  • Abandonment of a client’s matter or lack of due diligence
  • Exerting undue influence adverse to the client’s interest
  • Improper legal advice
  • Malicious or frivolous litigation
  • Excessive litigation at the client’s expense
  • Obstruction of justice
  • Presenting false evidence
  • Malfeasance or dishonesty

Choose a Board Certified Legal Malpractice Attorney

If you believe that you or a family member may have been a victim of attorney malpractice, you should consult a Board Certified legal malpractice attorney .

ABPLA Board Certified legal negligence attorneys are among the best legal malpractice lawyers in the country. Each Board Certified attorney must meet and exceed rigorous standards through Experience, Ethics, Education, Examination and Excellence in professional liability law.

Tags : , ,

Franklin, Cooper – Marcus, PLLC, Chattanooga Area Attorneys and Counselors at Law #chattanooga #attorneys,



Franklin, Cooper Marcus PLLC, Lawyers in Tennessee

Regardless of the type of legal issue you are facing, unfamiliarity with the legal system can leave you confused and anxious. You want an experienced attorney, one with a comprehensive understanding of the law, and who will keep you continually informed about the options and the likelihood of success.

At the law offices of Franklin, Cooper & Marcus, PLLC. all of our attorneys have many years of experience. One of our attorneys has represented clients for over 40 years, two have over 30 years and the forth over 20 years of practice experience.

Because we understand the stress that uncertainty can cause, we place a high priority on communication and responsiveness. We work hard to make ourselves available when you need questions answered and to keep you continually updated regarding the status of your legal issues.

We offer experienced and accessible legal counsel in matters involving civil litigation, including:
Insurance defense:
We represent insurance companies and their insureds in the areas of automobile, premises, commercial, construction, workers’ compensation and products liability claims.

Business disputes:
Our attorneys represent individuals and companies in business disputes, including contract and other issues.

Medical malpractice defense:
Whether you are a physician, a medical group, or a hospital or other medical care facility, we provide medical malpractice defense.

Mediation and arbitration:
All of our attorneys have years of experience with alternative dispute resolution. Three of our attorneys are Tennessee Supreme Court Rule 31 Listed General Civil Mediators.

Personal injury:
We protect the rights of individuals and companies under a variety of circumstances, from motor vehicle accidents and defective products to negligently maintained property.

Insurance law:
Whether you need a coverage opinion or are facing a first party claim, our experience allows us to guide you through insurance law issues, insurance claims and insurance related litigation.

General civil litigation:
Our attorneys are experienced with civil litigation covering a wide variety of subject areas and issues, insurance claims and insurance related litigation.

Our offices are open from 8:00 am until 5:00 pm, Monday through Friday.
Evening and weekend appointments are available upon request.

At the law offices of Franklin, Cooper Marcus, PLLC, in Chattanooga, we represent individuals throughout southeast Tennessee and northwest Georgia, including Cleveland, Charleston, Madisonville, Sweetwater, Benton, Tellico Plains, Athens, Decatur, Dayton, Pikeville, Dunlap, Jasper, Winchester, Tracy City, Manchester and Tullahoma.

Hamilton County | Bradley County | Monroe County | Polk County | McMinn County | Meigs County | Rhea County | Bledsoe County | Sequatchie County | Marion County | Franklin County | Grundy County | Coffee County | Whitfield County, GA | Walker Co. GA |
Catoosa Co. GA | Murray Co. GA

Tags : , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

New Braunfels Personal Injury Attorney #new #braunfels #personal #injury #attorney, #new #braunfels #injury #lawyer,


New Braunfels Personal Injury Lawyer

Car Accidents and Wrongful Death

Many trial lawyers agree that South Central Texas is one of the best places in the state to pursue negligence cases in court. Insurance companies know that area jurors tend to be sympathetic to victims, so many cases settle rather quickly and on very favorable financial terms. Of course, not every case settles right away. However, the aggressive attorneys at The Bettersworth Law Firm do not lose heart. Instead, we fight for you during the preliminary hearings, throughout the discovery phase, and all the way to trial. All the while, we remain open to settlement on favorable terms and always promptly keep you informed about important developments in your case.

We advocate for clients in cases of drunk driving, hit-and-run, and distracted driving. Commercial (semi) trucks accidents are particularly dangerous. Negligent truck drivers create liabilities for themselves and trucking companies. Restrictions on hours driven per day and maintenance requirements are often ignored. Motorcyclists are 26 times more likely to die in collisions then cars and will likely need significant financial compensation.

Business and Fraud Litigation

In addition to consumer-related practice areas, The Bettersworth Law Firm assists the business community and investors with contract or fraud-related concerns including:

Our skilled team is able to help businesses achieve results that will achieve or exceed expectations. Through intense preparations and detail-oriented planning, we are able to offer the best possible case results to corporate entities.

Experienced New Braunfels Divorce Lawyer

Life-changing family matters are emotional with long-term consequences. We guide you through mediation, collaborative services or litigation based on your unique needs and goals. Our attorneys assist clients with the following:

  • Child Issues – Child custody, child support, visitation, and other child-related matters.
  • Uncontested Divorce – When a separating couple is able to negotiate terms that are satisfactory to both parties.
  • Grounds for Divorce – In no-fault instances, the marriage is insupportable or irreconcilable. Others include cruelty, adultery, abandonment, felony conviction, confinement, or living separately.
  • Property Division – Assets are deemed community property unless they are separate property, meaning owned before marriage, acquired as a gift, or from a descendant or injury settlement.
  • Spousal Maintenance – Court orders awarding regular payments from a spouse to support the other.
  • Domestic Violence – Victims may receive court protection orders restricting communication, residence access and may establish temporary financial arrangements

I just wanted justice for my mother

Thank you so much for all of your help and assistance with her case. I simply wanted the Doctor to think twice next time he treated a patient. Because of your help with my case, I feel like we have made a difference and probably saved lives.

You guys are awesome

Thanks for all of the help that you have provided to my family. We will be forever grateful.

James Bettersworth is a true professional

who demonstrates great integrity as he zealously works to take care of every client’s legal needs.

We just want to thank you

We are so grateful for all the hard work. You were more than just an attorney and I feel that you are a friend. Both you and your staff will always have a place in our heart.

From our offices in New Braunfels and San Marcos. we represent clients throughout South Central Texas including the cities and counties of Austin, Canyon Lake, Sattler, Startzville, Smithson Valley, Browsville, Bulverde, Garden Ridge, Spring Branch, Comal County, Kyle, Buda, Hays County, Seguin. Cibolo, Schertz, Selma, Guadalupe County, San Antonio, Bexar County, Boerne, Kendall County, Kerrville, Kerr County, Bandera, Bandera County, Fredericksburg, Gillespie County, Johnson City, Blanco, Blanco County, Austin, Travis County, Bastrop, Bastrop County, Lockhart, Caldwell County, Gonzales, Gonzales County, Floresville, Wilson County, Jourdanton, Atascosa County, Pearsall, Frio County, Hondo, Medina County, Tilden, McMullen County, Cotulla, LaSalle County, Laredo, Carrizo Springs, Dimmit County, Crystal City, Zavala County, Uvalde, Uvalde County, Bracketville, Kinney County, Rock Springs, Maverick County, Del Rio, Val Verde County, Sonora, Sutton County, Junction, Kimble County, Menard, Menard County, Mason, Mason County, Burnet, Burnet County, Georgetown, Williamson County, Harris County, LaGrange, Fayette County, Llano, Llano County, Giddings, Lee County, Columbus, Colorado County, and Webb County.

2017 The Bettersworth Law Firm 110 West Faust Street, New Braunfels, TX 78130 830-606-0404

Tags : , , , , , , , , , , , , , , , , , , , , , , , , , , , ,