Taking Your Doctor to Court: How to Sue for Malpractice and Win
Between 2015 and 2019 about $251 million was spent defending 3,714 claims of malpractice. This works out to an average cost of $67,618 per claim. In 2019 the average cost for defense counsel in a malpractice lawsuit was about $74,532.
Mistakes happen in medical care. This can take place in a hospital, doctor’s office, or any other setting in which you receive medical treatment. If you suffer from a medical error and are wondering if you can sue for malpractice, read on.
What Defines Medical Malpractice?
Medical malpractice refers to a medical professional who has a lapse in judgment, skill, or coordination of care. They may provide an incorrect diagnosis, treatment, or failure to treat that results in injury or death to the patient.
Medical negligence is when the medical professional fails to provide treatment by the standards of conduct.
To sue for medical malpractice you must prove the elements of negligence. The complaint must show that the medical provider had a duty of care to you and that there was a breach in their care. That as a direct and proximate cause of their negligence you suffered an injury.
The final step is to show that because of the doctor’s liability and negligence you are due damages.
Types of Medical Malpractice
There is a wide range of factors that may fall within the realm of medical malpractice. The most common include:
- Misdiagnosis or a failure to diagnose an illness or disease
- Birth Injuries happen when an OB/GYN makes an error during the pregnancy or birth of a child
- Surgical errors happen when a member of the surgical team leaves tools, clamps, or sponges inside the body
- Surgeons may operate on the wrong side or do surgery on the wrong patient
- Failure to treat happens when a doctor makes a correct diagnosis but does not follow the appropriate standard of care
- A doctor may discharge a patient too soon or not perform follow-up care
- Prescribing wrong medication
Time Limit to Sue for Malpractice
Every state has a statute of limitations that determines how long you have to sue a doctor for medical malpractice. Most states allow you up to two years, but variations include less and more time periods.
Kentucky statutes only allow one year to file a malpractice lawsuit. By contrast, in Maine and Montana, you have three years. To find out if you can sue for malpractice contact a personal injury attorney to determine your legal rights and prevent missing deadlines.
If you are interested in filing a malpractice lawsuit without the use of an attorney, read on here about the risks you are taking.
How to Sue for Malpractice
When you are the victim of a medical provider’s negligence, keep all your medical records, notes, bills, and any other documents regarding your care. Write down dates, times, names of providers, and what happened to the best of your knowledge.
Contact a medical malpractice attorney and schedule a consultation. The attorney will review your documents and provide you with their legal opinion on your case.
Litigation is lengthy, and your lawsuit may take two years or longer. During that time your attorney will negotiate with insurance companies and opposing attorneys. They will conduct discovery, including depositions, subpoena records, and more.
Once your lawsuit reaches a settlement or you win at trial, your attorney will disburse payments necessary for medical liens, their attorney fees, and court costs. The remaining settlement funds will go to you.
Knowledge Is Power
Now you know the legal time limits, type of cases, and records you must maintain to sue for malpractice. Contact a personal injury attorney to get the process started.
We invite you to take a look at our other blogs. We offer information on a wide variety of topics, and knowledge is power.
Why You Should Call a Lawyer After An Accident Involving a Distracted Driver
Distracted driving is prevalent throughout the United States, leading to thousands of accidents and injuries annually. Have you or a loved one recently been involved in an accident with a distracted driver?
If so, consider calling a lawyer. However, you may need clarification on whether a distracted driving accident lawyer is necessary or how they can help you. To clear up any confusion, we will explore why you should call a lawyer if you’ve been in an accident involving a distracted driver.
Proving Distracted Driving
Proving that the other driver was distracted during the accident can be challenging. Distracted driving accident lawyers will know how to navigate these challenges and present the evidence in the most compelling way possible.
A lawyer experienced in distracted driving cases will be familiar with the various forms of evidence necessary to build a strong case. This may include obtaining cell phone records, reviewing surveillance footage, or even finding witnesses who can testify to the driver’s behavior before or during the accident.
Negotiating With Insurance Companies
Insurance companies are notorious for attempting to minimize payouts or deny claims altogether. Skilled distracted driving accident lawyers can help you negotiate with the insurance company to ensure you receive a fair settlement.
They will also be able to identify any tactics the insurance company may use to try to devalue your claim or shift blame onto you and effectively counter those tactics.
In some cases, it may be challenging to determine who is at fault for a car accident, especially if multiple parties are involved. Distracted driving accident lawyers can investigate the accident and analyze the facts to decide who should be liable.
Additionally, if the other party attempts to place partial or total blame on you, a lawyer will be prepared to protect your rights and work towards proving that the distracted driver was the primary cause of the accident.
Ensuring You Receive Proper Compensation
An experienced lawyer will be able to assess the damages in your case and help you understand the actual value of your claim. This includes medical expenses, lost wages, vehicle repair costs, and any pain and suffering you may have experienced due to the accident.
With the assistance of a lawyer, you may fully understand the extent of your damages and could be under-compensated.
Handling Any Legal Deadlines
Often, strict deadlines must be met when filing a personal injury claim. Distracted driving accident lawyers will ensure you meet these deadlines and avoid potential pitfalls that could weaken your case or even cause it to be thrown out.
Additionally, a lawyer can keep track of any necessary paperwork and guide you through the legal process, giving you peace of mind and allowing you to focus on your recovery.
Why You Should Call Distracted Driving Accident Lawyers – In Conclusion
There are numerous reasons to call a lawyer if you’ve been in an accident involving a distracted driver. From proving distracted driving and determining liability to ensuring you receive proper compensation and handling legal deadlines, an experienced and skilled attorney can significantly improve your chances of a successful outcome.
Don’t wait; call distracted driving accident lawyers today if you’ve been in an accident involving a distracted driver; it could make all the difference in the outcome of your case.
How Much Does a Truck Accident Lawyer Usually Cost?
Being involved in a truck accident can be a traumatic experience. But for many, dealing with the aftermath can be much worse.
Truck accident victims with severe injuries are often faced with hefty medical bills, lost income since they’re not working as a result of the injury, and other financial losses.
As such, one of the most important decisions you can make is hiring a semi-truck accident lawyer to help you get the compensation you deserve. However, the cost of hiring one can vary depending on a variety of factors that we’ve listed in this column.
Continue reading to understand these factors so you can make a well-informed decision when it comes to selecting semi-truck accident lawyers.
The complexity of the Case
The complexity of the truck accident case can significantly affect your lawyer’s fees. If the case is complex and involves multiple parties, your lawyer will have to dedicate more time and resources to get the best outcome for you. Additionally, if the case is complicated, it may require more resources in terms of expert witnesses, legal research, and other services that could increase the overall cost.
In any case, it is important to discuss the complexity of the case with your lawyer and make sure that you understand how much it will cost to represent you.
The Lawyer’s Experience and Success Rate
Attorneys with more experience are typically more expensive than those who are just starting out since they may have more contacts and resources that can be used to assist with your case.
Additionally, the success rate of the lawyer can also have an impact on their fees since attorneys with a high success rate have a proven track record of successfully representing clients in similar cases.
Type of Services Needed
The type of services that you need from the truck accident lawyer can also affect the cost. For example, if you need extensive legal services, such as extensive research, expert witnesses, or representation in court, it will cost more than if you only need advice and guidance.
It is important to discuss the type of services that you need with the truck accident lawyer to ensure that you understand the cost of their services.
Contingency or Retainer
The type of payment structure your preferred lawyer uses will affect how much they will charge for their services.
Some lawyers may require a retainer fee upfront, while others may work on a contingency basis. A contingency fee means that the lawyer will only receive a payment if they are successful in getting you a settlement or award while a retainer is a pre-determined cost that ‘books’ a lawyer’s services.
Semi-truck accident lawyers are often hired to help individuals who have been injured in accidents involving semi-trucks. While this may seem like a niche field, hiring a semi-truck accident lawyer can be a difficult decision.
However, understanding the factors that can affect the cost of the lawyer as pointed out above can help you make a more informed decision.
It is important to discuss these factors with the lawyer before hiring them to ensure that you are prepared for the financial aspects of the case.
What Does a Truck Accident Lawyer do?
Commercial trucks legally weigh 164000 pounds. This means they can cause pretty extensive injuries if you are ever involved in an accident with one. With that being said, if you are a victim of a trucking accident, you are probably trying to figure out what your next steps are. Fortunately, a truck lawyer can help determine the party that is liable, gather evidence, negotiate with insurance companies, and much more. Continue reading to learn more about what a truck accident lawyer does and if you should hire one following an accident.
Building a Strong Case
Truck accident attorneys deal with all of the ins and outs of your case, that way you can spend your time recovering. A truck accident lawyer is responsible for taking care of all of the following things:
- Investigating and gathering evidence to support your case. Evidence may include videos, photos, police reports, eyewitness statements, expert testimony, and much more. The more evidence, the better.
- Collect and organize all of your medical expenses as they relate to your injuries. Any other documents are also useful to help prove your loss. Car accident injuries typically require emergency medical intervention in a hospital setting.
- Determine all parties who are liable as well as their insurance companies.
- Handle negotiations with the insurance companies to retrieve a fair settlement for you.
- If need be, take the case to trial if the insurance company fails to reach a fair settlement.
Your duty is to not have to battle with your insurance company to obtain compensation for your losses. An experienced truck accident attorney can take on the adjuster and file all necessary documentation relevant to your case. This enables you to relax and focus on your recovery in the meantime.
What to Look for in a Truck Accident Lawyer
Now that you are familiar with the duties of a truck accident lawyer, here are some qualities you should look for to help you win your case and get you a fair settlement.
Experience with Trucking Accidents
Choosing a truck accident attorney who has won truck accident cases before means a lot. This means that the attorney is knowledgeable about trucking laws and can better approach your case. This leaves very little room for your attorney to make any mistakes.
Excellent Client Reviews
Finding a truck accident attorney with client testimonials to back up his willful duty is impressive. Positive reviews alone shouldn’t be the only reason why you hire a specific attorney. But, the more positive reviews an attorney has, may indicate they went out of their way to help their clients reach a good resolution.
Attorneys who have won many high-profile cases or have been publicly recognized with awards are another good sign. Many law associations only reward a small percentage of their lawyers annually. However, if the attorney you are considering has earned multiple rewards, this is a good sign to hire him.
Good Negotiation Skills
Truck accident attorneys should have strong negotiation skills. Not only should your attorney represent you, but he should also negotiate with your insurance company on your behalf. This process should continue throughout the litigation process.
If the attorney you are considering hiring has a good track record of negotiating and going above and beyond to help their clients, take this as a good sign.
If you or someone you know has suffered injuries as a result of a truck accident, it is time to hire a truck accident attorney. You shouldn’t have to deal with the financial and emotional burden on your own. Truck accident attorneys can investigate your claim, build a strong case, and negotiate with your insurance company to help you receive the compensation you deserve.
A Guide to Criminal Laws in Canada
If you or someone you know has been accused of a crime in Canada, it’s important to understand the criminal justice system. This guide will explain the basics of criminal law in Canada, including the types of crimes and their possible punishments. Understand your rights and what to expect if you’re facing a criminal charge.
What Are the Three Main Types of Crimes in Canada?
Crime takes many forms in Canada, with each type of offense varying in severity and consequences. The three main types of crimes are crimes against the person, property crimes, and public order offenses. Crime against the person encompasses a range of activities such as assault, sexual assault, and homicide.
Property crime includes theft, fraud, and mischief caused to any type of property. Lastly, public order violations refer to criminal activity which is disruptive to the community such as causing disturbances, uttering threats, and harboring criminals.
Different preventative measures have been put into places such as police enforcement and surveillance technology to counteract these kinds of offenses in Canadian society.
How Are Criminal Laws Made in Canada?
Canada has an established set of processes through which criminal laws are created, adopted, and enforced. The Law-Making Process begins when the Government of Canada sends a draft bill to Parliament to be debated and voted on by MPs. That same process is repeated in the Senate before the Governor General gives Royal Assent and the legislation becomes law.
Once enacted, laws are enforced by police agencies, Crown Prosecutors, and Justice Systems across provinces and territories. Canada’s legal system adopts a constructive approach to establishing new criminal laws that involve ongoing dialogue between existing stakeholders like lawmakers, judges, civil society groups, criminal defence lawyer, and other participants in the justice system.
This helps ensure that new or amended criminal laws reflect the values of Canadians while also meeting the needs of relevant communities.
Who Enforces Criminal Laws in Canada?
In Canada, criminal laws are enforced by the police force. Police departments across the country serve to ensure law and order and protect citizens from criminal activity. The Royal Canadian Mounted Police (RCMP) is responsible for providing policing services in provinces and territories without their own provincial or territorial police forces.
In addition, there are many local police forces in cities throughout Canada that cooperate with the RCMP to enforce criminal laws. Each province also has its own justice department which is responsible for overseeing all aspects of the criminal justice system, including creating and enforcing laws.
Through their coordinated efforts, these organizations work together to ensure national security and uphold Canadians’ rights and freedoms.
Difference Between an Indictable Offense and a Summary Offense
In Canada, criminal justice procedures distinguish between two types of offenses: summary offenses and indictable offenses. A summary offense is less serious than an indictable offense and therefore carries with it lighter penalties, such as a fine or shorter jail sentence.
Summary charges are tried in provincial court, whereas indictable offenses are handled in the higher-level supreme court. Generally speaking, the more serious the criminal charge (for example murder) the higher level of court it will be heard in; however, this can depend on individual jurisdictions or even cases.
The major determining factor for what kind of offense a crime falls under depends on the severity of the crime and whether it falls under federal or provincial laws.
Most Common Criminal Offenses in Canada
In Canada, criminal offenses vary from province to province and even among cities. But some of the most common offenses include offenses such as theft, impaired driving, obstructing a police officer, drug trafficking, assault, and remaining in a vehicle while intoxicated.
Depending on the nature of the crime and any prior convictions for the same offense, penalties can include fines, imprisonment, or parole restrictions.
Most provinces employ social services interventions like addiction counseling or rehabilitative programming as an alternative to jail time in lesser cases. Regardless of the penalty given for criminal activity, however, offenders are still answerable to Canadian law.
7 Questions to Ask an Immigration Lawyer at the First Meeting
Immigration law is complicated. This is why only experienced and professional immigration attorneys are the best fit. After you have chosen the right immigration lawyer to help you solve your issue, what is next? Next, prepare for the first meeting with the immigration lawyer.
One of the ways to ensure that you and the lawyer speak the same language is to ask the lawyer questions. So, read on to find several questions you can ask an immigration lawyer during the first meeting.
Ask about the previous experience
It is essential that your chosen lawyer is specialized in immigration law and has experience in cases similar to yours. This is a guarantee that you have selected the right lawyer. It is highly recommended that you choose an immigration lawyer with an immigration law specialization and rich experience because this will guarantee capability and expertise when handling your case.
For instance, if you live in Rochester, New York, and intend to choose a lawyer based on your visa issue, you have to seek out immigration lawyers in Rochester who are specialized in visa cases.
Excellent lawyers can refer you to similar cases and the outcomes they achieved for their clients. Additionally, ensure that your lawyer is board certified. You can do this by performing research.
Ask about the best strategy that fits your case
After you have asked the immigration lawyer questions that will show his specialization and are satisfied with the answer, you can proceed to questions regarding your immigration case. During the initial consultation, you can tell the immigration lawyer about your aims and the kind of support you need to get.
When you ask the lawyer about the best strategy that fits your case, the lawyer will ask questions about your immigration history and the documents needed for submitting your application. The immigration lawyer will also check your eligibility and also the possibility of getting the outcome that you desire.
The immigration lawyer would also explain the strategy and process to employ during your case. If you want to understand more, you can ask them the following questions:
- What are your thoughts concerning my case?
- What is my chance of succeeding?
- What is my case timeline?
- What do you need from me to work on my case?
Ask if the lawyer belongs to the American Immigration Lawyers Association
Immigration law is a specialized field. Therefore you must employ the services of a trustworthy and reputable immigration lawyer. This is why you must ask the lawyer if the lawyer is a member of The American Immigration Lawyers Association (AILA). A lawyer who is part of this association understands the current immigration updates, regulations, and best practices.
Though the AILA can be an excellent place to get recommendations for an attorney, membership doesn’t equate to the lawyer’s success record or experience. You can also search for lawyers through websites that have essential information and clients’ testimonials for lawyers.
Ask for the language you can communicate with your lawyer
It will be understandable if you don’t feel comfortable speaking English. It can be pretty hard to understand law terminologies, and this can become more complicated if you cannot correctly communicate with your lawyer.
So, you can ask if your lawyer is fluent in your native language. If the lawyer doesn’t speak your language, they can provide you with a native speaker of your language who can help in the interpretation.
Ask how frequently you and the lawyer would be in contact
After getting a lawyer, it is essential to follow your case and remain updated. Sometimes, the immigration process could take months or years before it can be successfully closed. This is another reason you must be able to communicate flawlessly with your lawyer.
You must understand that you are not only seeking a good immigration attorney but an available and approachable lawyer who doesn’t have many cases to deal with. The immigration lawyer should be able to spend time dealing with your case and getting feedback from you.
Ask the lawyer what your case will cost
This is another essential question you must ask your lawyer during the first meeting. When you consult with the lawyer, the lawyer will give you, in detail, an outline of what your case involves. This will enable you to understand the amount of work that is involved.
Therefore you will know the proper timeline of your expectation and what you should do. After this, your lawyer will discuss their charge and tell you what you are expected to pay. You can ask your lawyer to put this writing.
Usually, you cannot find out what it will cost before a consultation. The reason for this is that even immigration cases are usually different, and the level of work and the complexity will determine the price.
You can also ask your lawyer the following questions to understand the cost:
- What mode of payment do you charge? Installments or flat fees?
- What is the total cost of my case?
- Do you charge an additional fee for filing?
- Do you charge for emails, calls, or copies of documents?
When you have a clear understanding of the fee involved, you will be able to make informed decisions.
Ask the lawyer what actions or procedures he will undertake for your case
Another critical question to ask your immigration lawyer is who will file the paperwork and submit it for your case. You can also ask the lawyer who will attend the hearings or interviews for you.
This will let you remove any misunderstanding that might occur, and also, these actions and plans can be an essential part of your timeline.
During your first meeting with your lawyer, the aim is to discuss your case’s details and create a strategy to win your case. This is why you must build lawyer and client relationships and good communication. Additionally, you could make your case outline and get legal advice from an expert immigration lawyer.
But most people don’t know how to prepare for this first meeting. The first thing to do is choose the best lawyer that suits your case because immigration law is broad, and you would need an expert to get a chance of success. The above tips should help you choose the best lawyer for your case.
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