Be Cautious When Choosing a Medical Lawyer

February 4, 2009

In any profession, there are those who are honest, hard workers, and there are also those who are dishonest slackers.  Unfortunately, this also holds true with medical lawyers.  While most experienced medical attorneys out there have their client’s best interest at heart, there are those few that do not.  So, be forewarned that you should be very cautious when choosing a medical lawyer to represent you.

One of the most recent stories to hit the news regarding a negligent medical lawyer is that of Steven F. Goldman.  In 2003, Goldman was retained to represent Zuhua Chen in the medical malpractice suit resulting from her infant son’s birth injuries.  He was successful in winning a settlement, however shortly afterwards, he was found to be negligent himself for failing to disclose his exorbitant fees to his client and for failing to properly project the future needs of the child, who will require constant care for the rest of his life.

Thankfully, there is justice in these types of situations as well.  A judge prevented the dishonest attorney from collecting any of his fee and in 2005 Goldman resigned from the bar while he was under an unrelated disciplinary review.  Goldman appealed the ruling, but the federal appeals court recently upheld it, calling Goldman “incompetent”.

As with anything else of importance, choosing medical lawyers to represent you requires due diligence on your part.  Be sure that you ask the right questions and don’t forget to do your homework.  Doing so will help ensure that you find competent, capable and honest representation, and hopefully help you to be successful in winning your claim.


Why Do You Need a Medical Attorney?

February 2, 2009

There are enough jokes about lawyers out there that you’ll probably never hear them all in your lifetime.  But when it comes to serious matters, such as medical negligence and the lives that are ruined by it, a lawyer is exactly what you need.  You might think you can represent yourself, but the truth is doing so might prove detrimental to the success of your case.  But why, exactly, do you need a medical attorney?  Here are just a few reasons to consider.

They know the law.
Do you know the statute of limitations for filing a claim in your state?  Are you aware of what type of evidence is and is not allowed in court?  Probably not.  Malpractice laws are complicated and confusing, and they vary from state to state.  Medical attorneys know these laws in and out, and will be able to work within them to get you justice.

They have connections.  Most likely you don’t have a list of experienced medical experts available to review your case and testify on your behalf in court.  But medical attorneys do.  They know exactly who to call to have the best chance of proving your case.

They have experience. Few people can say they’ve personally filed a lawsuit on their own, and probably even fewer when it comes to medical negligence claims.  There is truth in the saying “practice makes perfect” and the fact that lawyers “practice” the law is not a coincidence.  Medical attorneys fight negligence claims for a living.  They know exactly what the procedure is, and how to do it efficiently and effectively to have the best chance at success.

They know the numbers
.  Because medical attorneys fight for their clients’ justice every day, they know how to estimate how much of a settlement should be sought.  There are many factors that go into this decision, including current and future medical expenses as well as lost wages and punitive damages.  Experienced medical attorneys know what formulas to use to come up with just the right number in your individual situation.

Their success depends on your success. Most medical attorneys only collect a fee upon the successful outcome of a case.  This means that if they can’t prove your case, they don’t get paid.  This is tremendous motivation to present an excellent case and get you a settlement in your claim.  Otherwise, you both lose.

There are, of course, countless other reasons why it’s important to have an experienced medical attorney in your corner when fighting a medical negligence claim.  The above are just a few to remind you it’s never a good idea to go it alone.


Shocking Case of Nursing Home Negligence

February 1, 2009

In an almost unbelievable case of nursing home negligence, Winchester Centre for Health and Rehabilitation in Kentucky had numerous sanctions filed against them in August following a patient losing 87 pounds in 19 days while in their care.

The unnamed patient was only staying at the facility for three weeks, and in that time no medical doctors were contacted to examine or address the disturbingly rapid weight loss.

Only after the patient was found unresponsive was he transported to a hospital for treatment.  Hospital staff was disturbed by the weight loss, noting that the patient went from 197 pounds to 109.4 pounds, in just 19 days.  There is no report as of yet to the treatment or diagnosis at this time.

What’s worse is that this isn’t the nursing home’s only problem.  In January, another citation was issued following a patient receiving the incorrect dosage of an anti-seizure medication.  The correct daily dosage was 450 milligrams via capsules, however for 40 days the nursing facility gave the patient 400 milligrams through a feeding tube.  The modification altered the drug’s effectiveness, and the error was only discovered after the patient suffered a seizure.

The facility is currently under intense investigation and will begin to be fined over $6000 a day until their problems and shortcomings are corrected.

This is little comfort to those of us who have loved ones who need the round the clock care of a nursing home.  It is downright frightening that these situations can arise and our elderly and sick can end up severely mistreated and neglected.

If your loved one has suffered a case of nursing home negligence and you want to seek justice, speak to a medical lawyer right away.


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