Showing posts with label Legal Help. Show all posts
Showing posts with label Legal Help. Show all posts

Tuesday, June 22, 2021

How to Sue for Medical Malpractice

Doctors, medical practitioners, and hospitals owe a duty of care to their patients. They are expected to attend to patients with the most reasonable amount of care a qualified practitioner should have. Once the duty is breached in negligence, patients have the legal right to seek and receive compensation for medical malpractice and any resultant injuries.

Medical malpractice laws are meant to protect the rights of patients that have suffered as a result of substandard medical care. While this protection is provided for in the law, the first step to asserting these rights requires initiative from the patient. 

The following is an in-depth discussion on medical malpractice cases and how to go about them.

Act Before the Expiry of the Statute of Limitations


The biggest mistake any patient can make is taking too long a time to file their medical malpractice. There are statutory time limits requiring patients to file their medical malpractice claims promptly. Time limits vary from state to state; they could be as short as a year since the malpractice occurred. 

Therefore, ensure you find out the statutory provisions for medical malpractice in your state. Pay attention to how long you have to make your claim.

Discuss Your Case with a Medical Malpractice Attorney


Quite plainly, medical malpractice lawsuits aren’t the kind of lawsuits you would risk handling by yourself. These cases are often very complex since they cut across a variety of medical, legal, and procedural standpoints. 



Proving medical practice requires a law firm that understands the laws applying to your situation and familiarity with all the hoops a medical malpractice plaintiff must jump through.

From the moment you realize you want to file a medical malpractice claim, consult with an attorney. A medical malpractice attorney will have access to all the needed experts, such as expert medical witnesses.

Determine Whether the Hospital Was Negligent


Before filing the claim, you must determine who was negligent. Just because medical negligence took place at a hospital doesn’t automatically imply that the facility, i.e., the hospital, must be held liable. 

For instance, if the substandard care was provided by a doctor that is an independent contractor; therefore, not an employee, you should be pursuing action against the doctor herself/himself.

In most cases, you cannot sue a hospital for any doctor’s treatment error, unless the doctor in question is an employee of the hospital. However, exceptional cases occur, like when the doctor’s incompetence should have been apparent to the concerned hospital.

This is where an attorney comes in; once you consult with one, they’ll listen to your case’s circumstances and give you sound advice.

Obtain Your Medical Record and Determine Your Damages


Every hospital keeps their past patients’ medical records, at least a few years since their treatment. Upon making a request, the hospital should give you your records without hesitation. The most they should charge you is the copying expense.




At some point, the hospital or negligent practitioner may offer you a settlement; you must determine your case’s value beforehand. Consider all the possible harm and losses that stem from the malpractice, including future medical treatment that resulted from the error.

Evaluate the past and future lost wages. Valuing damages by yourself is risky since there may be some valid losses that should be compensated for that you are not aware of. 

For instance, you need to take into account any decrease in your life’s value due to the injury, a loss measured by lifestyle changes like losing the ability to walk, enjoy sports or play with children.

You may also get damages for the loss of consortium, which is the loss suffered by your family members due to your injury. A seasoned attorney will have the requisite knowledge to evaluate every single loss you suffered from the malpractice.

Draft and File Your Complaint


A lot of states have varied rules regarding the procedure involved in filing a medical malpractice suit. For instance, some states require their patients to file an affidavit of merit where a qualified medical expert has attested that the patient has a valid case.

Your attorney will take you through these processes to ensure your claim isn’t invalidated over a small step missed. Finally, you and your attorney will draft and file the complaint describing the occurrence of the injury, the harm caused to the patient, and the amount of money expected in compensation.

Make a Claim and Get Justice for Your Injuries


Sometimes, mistakes are just mistakes, while other times some mistakes are obvious and could have been avoided. If you suspect that you are a medical malpractice victim, seek a professional medical expert and medical malpractice attorney. 

Explain the circumstances and check whether you have a valid case. Once you have ascertained that you have a claim, go ahead and begin the process.



Wednesday, May 9, 2018

5 Reasons a Lawyer Can Make Your Life Easier



Lawyer jokes, I am sure you have heard them; heck, you might have even told a few in your time. Well it turns out that lawyers have an important role to play in our lives. Not only can they assist with legal problems but they can also provide advice and counsel on matters of importance to our businesses and our lives – such as retirements and estate planning.

In this role, lawyers help to make sure that the structures we use to manage our investments conform with the laws of the land. They do this by providing their opinions on the law and its impact on the things we do every day. With that in mind, here are five reasons a lawyer can make your life easier.


Get the Help You Need After an Injury


Accidents happen, but when they happen to you it can be painful. Not only in the physical sense but also in terms of lost time at work and importantly the expenses – both medical and to your property.

Given the impact of an accident and by extension and injury, there are times when a lawyer can help to make your life easier. According to the Reyna Law Firm in Corpus Christi, Texas, ‘you make receive full compensation’ – especially if you weren’t at fault.

Note this doesn’t only apply to accidents that happen in Texas as most states have laws on the books to help protect the victims of accidents. The only thing you need to do is reach out an attorney to see if your case qualifies for compensation as not every accident does. However, you won’t know if you don’t ask.


You Fought the Law


Like the song goes ‘I fought the law, and the law won’. Well, this is what happens when you play with fire and as such finding yourself on the wrong side of Johnny Law might meant that you will need representation.





A good defense lawyer can help to get you a reduced sentence or fine and, depending on the circumstances, they may even get you acquitted. While you don’t want to make running afoul of the law a habit, it can happen and as such, you will want to get a lawyer to make your life easier.


You’re Fired


While the famous phrase has made its way from the TV to the White House, there are times when getting fired has less to do with your performance and more to do with the bias of your manager or supervisor – after all we are only human.

If you can prove that the termination was wrongful, then you could be eligible to receive compensation. However, labor relations tend to be complex legally and it is rare that the circumstance will indicate a clear bias against you. As such, you will need to have an experienced lawyer in your corner. Not only will they help you to prove your case, they will also show if the manager in question has been guilty of this sort of behaviour in the past.

Another thing to remember if you are in this situation is that you need to document everything. This is because many cases of wrongful termination tend to follow a pattern of repeated discrimination over the months leading up to you being let go.

As such, the more data you have on potential incidents the better your lawyer will be able to prove that you were not fired due to your performance by rather because of the bias of your manager.


Fixing Problems


Maybe it is an issue with your local zoning board or you want to fight your property tax assessment. Either way, a lawyer can help you to put together the argument that will get you the outcome you want. Just remember that there are rarely clear-cut solutions to complex problems, so you might not always get everything you want.


Preparing for Retirement, and Other Things


Good lawyers, especially tax lawyers, will have a keen understanding of how you will need to prepare your investments for retirement and importantly to protect everything when the time comes to transfer these assets to your heirs.

Granted, the new tax laws help but you also need to make sure there aren’t any hidden liabilities when you structure your assets and for this, only a lawyer can help. That being said, most of us don’t have a $10 million estate to leave behind, but what we do have is important it should be protected.

There you have it, five ways in which a lawyer can make your life easier. Note we left out the bits about setting up a company or helping you when you are being sued. As such, we should the lawyer jokes aside as they really do help us when needed.



Sunday, February 25, 2018

Fixing Mistakes: 4 Tips for Recovering Financially from a DUI



A driving under the influence (DUI) charge is a serious offense that could wreak havoc on your financial situation. The conventional wisdom is that when all is said and done, a DUI can end up costing you $10,000. While financial penalties will be unavoidable if you’re found guilty, there are a few ways you can at least reduce the damage.

Go to Classes


While DUI punishments vary from state to state, one thing all states have in common is that there are classes available for DUI offenders. 


The court may sentence you to complete a certain number of classes, but whether it does or doesn’t, you should take classes regardless, as they could help you get a better deal on your insurance.

Shop around for Insurance


There’s no way around it—insurance gets very expensive when you’ve gotten a DUI. But it’s still worthwhile to shop around and see what kind of rates you can get from different carriers. 




Keep in mind that you may need to get barebones insurance coverage, at least for the time being, if money is tight. Another option would be going carless and sticking to public transportation.

Work with a DUI Attorney


You definitely don’t want a public defender representing you for a DUI. A DUI attorney like Steve W. Sumner, Attorney At Law or someone similar can make a significant difference in the result of your case. 


If the arresting officer did something wrong, there’s the possibility that your attorney helps you get the charges dismissed. Otherwise, they can at least work out a favorable plea deal for you.


Steer Clear of Any Future Mistakes


You can’t erase your DUI, but you can at least avoid compounding the issue. Follow the terms of your sentencing to the letter, because violating them in any way will make your situation much worse. 


Keep your nose clean and stay out of potentially risky situations that could result in an arrest. Most importantly, don’t drive if you’ve even had a sip of alcohol, as even a low blood alcohol content (BAC) could now get you into trouble. Dui penalties get far stricter when you’re a repeat offender. 

Dealing with the aftermath of a DUI is stressful, but if you handle it correctly, you’ll get back on your feet much quicker. Follow the tips above to fulfill the terms of your sentencing, get insured again, and stay on the straight and narrow.



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