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Monday, December 26, 2005
Medical malpractice has been a big issue over the past few years. There is a lot said about how high insurance rates for doctors are getting, but not a lot of talk about what medical malpractice is exactly and how it affects patients. Medical malpractice has two sides and the focus should be to reduce the number of cases, not to raise health care costs. Medical malpractice is when a doctor does not treat a medical problem correctly or through negligent actions causes more harm. In a Harvard Medical study it was found that there are around 80,000 people who die from medical malpractice every year. Fighting medical malpractice is expensive and complex. A medical malpractice case requires both an attorney and a medical expert to fight for the patient. Many cases are lost due to the inability to prove that the doctor was negligent in his or her actions. The patient must have detailed proof of what happened and be able to show what went wrong. Doctors carry insurance to cover them in case they are sued for malpractice. This insurance is what actual pays out settlements or judgments to the patients. When this happens the doctors insurance rates go up and collectively causes all malpractice insurance rates to rise. This is the current problem many doctors are citing when raising their own rates. Medical malpractice is serious for everyone involved. Medical malpractice occurs without a doubt. Doctors are human and make mistakes. Sometimes people abuse the right to take a doctor to court simply because they are angry that their health is not good, while at the same time people who really have a legitimate medical malpractice case do not take their doctor to court because they fear what it will do to their health care and health costs in general. Medical malpractice is nothing to take lightly and should be handled properly. If you feel you have a case then seek an attorney’s advice. Do not be afraid to stand up for your rights because of fear.
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Thursday, December 22, 2005
You may be surprised at how big a problem U.S. medical malpractice really is. Each year more than 80,000 people die partially or wholly due to medical malpractice according to a study conducted for New York State and conducted by Harvard University's school of medicine. Other New Jersey and California-based research confirms these numbers. Rand Corporation also looked into the matter of medical malpractice as a cause of death. They studied autopsies, which led them to the conclusion that 35-40 percent of these deaths were the result of these patients having been misdiagnosed, a potential medical malpractice issue. This isn't the complete medical malpractice story, however, for two reasons. First, death is not the only outcome of medical malpractice. Other results can be injury such as loss of mobility or limbs and chronic illness. The second problem with looking at these death statistics in regard to medical malpractice is that they are based only on the statistics provided by hospital facilities. Not included in the medical malpractice numbers in any of these reports are the deaths from negligence or misdiagnosis in other medical clinics, the private offices of physicians or any other kind of medical treatment center. What's surprising in light of these numbers is how few medical malpractice claims are actually filed. In fact, one of the most prestigious medical journals reports that only two percent of victims of medical malpractice actually litigate their problems. Another university medical school disputed the percentage but still claimed only one in eight ever filed a medical malpractice claim, and only half of these ever realize any financial compensation from their lawsuits. The latter study indicates that medical malpractice legalities are cumbersome and not accessible to most. Medical malpractice insurance, surprisingly, is not a requirement of a physician. Were you to try to achieve financial compensation for medical malpractice through litigation the fact is that if the medical care professional that you are suing has no medical malpractice insurance you are not likely to recover damages. This because medical malpractice decisions involve such vast financial amounts that in general those physicians and other medical care practitioners who have no medical malpractice insurance are not likely to be able to personally provide the money you are awarded. They simply won't have it. We all here about horrible medical malpractice insurance premiums but that is really not the case. These premiums don't actually even account for one percent of the cost of health care. Those who oversee the practice of physicians and other licensed medical care practitioners are not well regulated. When it comes to disciplining physicians for infractions or errors, they actually chastise one third of one percent. This is about 2000 each year. The usual infractions, rather than medical malpractice, are fraud of a financial nature or substance abuse. Medical malpractice discipline by a license board of any state is a rarity. Usually, you can file a medical malpractice claim within two years of the injury, illness or death occurring. If however, more than two years has passed don't give up - especially if the injury or illness or death is just now being discovered or occurring. You may still have a case that can be heard by the court. You might still want a medical malpractice settlement.
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Saturday, December 17, 2005
A personal injury attorney generally works in civil rather than criminal court. When you hire a personal injury attorney to sue another party or organization, you are usually basing your suit on a tort. Criminal court handles cases where someone has broken a law. The public prosecutor, rather than the victim is taking the person or organization to court here. A personal injury attorney is familiar with tort procedures and is generally not working on the premise that the person being sued has broken the law but rather that she, he or they have harmed another - the personal injury attorney's client. The personal injury attorney is bringing suit on behalf of the client because the defendant has been intentionally or unintentially negligent, or just been liable for damages. The reason behind the personal injury's attorney's case for the client is that the client has been injured financially, physically or even emotionally. Personal injury attorneys bring lawsuits most often for cases involving assault, battery, trespass, negligence, emotional distress or product liability. Torts come under three specific categories, and a personal injury attorney can handle any of the three. These categories are intentional tort, where a person or group has deliberately caused harm to another, negligent tort in which a person or group has caused harm to another just because they failed to follow normal procedures, guidelines or rules, and a tort that is strictly liable. The latter is when you are the person or group responsible for the item, property or product that ends up injuring another. An example may be if you fail to shovel your sidewalk and someone breaks her or his leg on the ice in front of your home. Personal injury attorneys use tort law to compensate their clients, the victims, for the loss they have experienced. The secondary purpose behind the personal injury attorney bring a suit for tort is to deliver a punishment on the defendant that will cause him, her or them to rethink their behavior and thus not repeat it, injuring others subsequently. A personal injury attorney will generally ask that her or his client or clients be awarded both compensatory damages as well as punitive damages. Compensatory damages are those that the defendant would pay to the personal injury attorney's client to repay the victim for any financial loss as a result of the defendant's actions and some additional money for the victim's pain and suffering. When a personal injury attorney asks for punitive damages he or she is asking that the defendant should be monetarily punished for his, her or their malice or neglect or recklessness towards the personal injury attorney's client. Your personal injury attorney doesn't typically head right to court with your court case, however. There are other steps that lead up to a trial and some that in fact may avoid a trial altogether. Not only does a personal injury attorney want to win your case for you. She or he also wants it to be timely for you and result in the least expense for you with the largest monetary reward. This may not require a trial. Your personal injury attorney will help you decide the best course of action for you. The steps that your personal injury attorney and you will go through are first to try to settle the matter outside of a courtroom. The second is to actually file the lawsuit. Then the personal injury attorney takes part in discovery, followed by a pretrial motion (possible several) and discussion with the defendant's attorney. This could result in a settlement for you. If not your personal injury attorney will take the defendant to trial and if the judgment is for the personal injury attorney's client the defendant may still appeal.
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Monday, December 12, 2005
Here are some frequently asked questions about bicycle accidents and the answers provided by experience bicycle accident attorneys. The first, and perhaps most important question is where you can actually sue someone for your bicycle accident. If you, the bicyclist, are in a bicycle accident that causes you injury, or causes injury to a family member you can file a lawsuit for the injury. Of course, if you or any other family member is killed in the accident the surviving family member can bring suit. Even if the injury is not intentional, but just because of a motorist's neglect you can still file a lawsuit against the motorist for the bicycle accident. The second most frequently asked question about bicycle accidents is whom you are able to sue for damages. The answer is that you can sue negligent car, bus or truck drivers if the drives caused the bicycle accident. You can also, if defective bike parts caused the bicycle accident, sue the retailer or the manufacturer of the bicycle, the bicycle accessory or the bicycle part that is defective and the accident cause. If it is thought that the road is in disrepair or any dangerous shape that causes it to be safe you can sue the government agency responsible for road maintenance for the bicycle accident, whether it's municipal, county or state government. If you had your bicycle repaired and the repair was done negligently, causing the bicycle accident, you can cause the person who did the repair as well as the repair shop. If the bicycle accident was on public property that was designed, maintained or kept up negligently - poor construction, potholes, ice, untrimmed trees blocking visibility and so forth - the government agency responsible for the property can be sued. If bicycle accidents occur on private party that was negligently designed, maintained or kept up, the owner of the private property can be sued for the damage caused by the accident. The next question is about the rights that the bicycle rider has, as well as her or his responsibilities for riding safely and preventing bicycle accidents. While it can vary by state, most states give a bicycle rider the same rights on the road as it gives vehicles and their operators. The laws governing bicycle riders and bicycle accidents come under the purview generally of the states codes for vehicles. Bicycle accidents are typically responded to and documented in the same manner as automobile accidents. The only exception to this would be if the bicycle accident were with a bicycle that no one was riding at the time. Another frequently asked question about bicycle accidents is whether any laws specifically apply to bicycle riders? The answer is that it varies by state but generally yes, there are laws specific to bicycle riders and their responsibility. There are regulations that dictate the law on alcohol consumption or drug use while riding a bike; where a bicycle may be ridden and how fast; what equipment a bicyclist must where to prevent bicycle accidents and injuries as a result; what hand signals a bicycle rider must use; how and when a bicycle lane must be used; the number of people that are allowed to ride on one bike; and the rules on bicyclists using the lanes designated for vehicular traffic and turning. All these regulations are designed to prevent vehicle and bicycle accidents and keep drivers and riders safe.
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Wednesday, December 07, 2005
Research studies have shown that more than 80,000 patients are injured as a result of the medical negligence of medical providers in this country. Injuries and even fatalities related to medical malpractice. Medical malpractice can be the result of the failure to properly diagnosis a serious medical condition, negligence of prescribing inappropriate medications, mistakes during surgical procedures, and more. The fact is that, although medical malpractice results in thousands of injuries or fatalities, only a small percentage of cases are actually litigated. There are several reasons for this. Some patients simply do not understand that they have a right to investigate the circumstances surrounding a medical procedure and others simply never bother to seek legal advice from a professional medical malpractice attorney. The situation is further complicated by the fact the few personal injury attorneys have experience in evaluating and litigating complex medical malpractice cases. If you feel you have suffered an injury as a result of gross negligence by a medical care professional then take the time to meet with an Oregon personal injury attorney who has experience in medical malpractice cases. Because medical malpractice lawsuits can be highly complex tt is very important that you see an Oregon attorney who has experience with medical malpractice cases.
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Thursday, December 01, 2005
Being involved in a serious car accident can be a frightening experience. Even if no one is injured, the aftermath of a car accident can be overwhelming and expensive. There are police reports to complete, property damage insurance claims to file, and repairs to be made. When you add a serious injury or even death into the equation the impact of a serious car accident can be devastating both emotionally and financially. This is not something you should have to face alone. When a car accident has occurred and someone you love has sustained a serious injury you do not want to have to deal with the technicalities of insurance claims, statements and even lawsuits. That is when an Oregon personal injury attorney can help. The laws governing your situation can be complex and confusing. The insurance company for the responsible person may be contacting you asking for information or even making offers to settle. An Oregon personal injury attorney can handle the details for you and help you understand the entire process of handling a serious car accident with injury while ensuring that you receive the compensation you are entitled to so that you can get back to taking care of your family. If you or a loved one has been injured in a car accident and are in this situation then consider contacting an Oregon personal injury attorney to discuss the facts of your case.
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The personal injury lawyers at Paulson Coletti Trial Attorneys PC are a small, three-lawyer,
firm with the ability to hire the experts
and investigators that a case needs. We only
accept cases with merit that we believe
we can win. Click our areas of practice
to read a more detailed description of
the types of cases we accept and some
sample verdicts and settlements.
IF YOU OR A LOVED ONE HAVE BEEN SERIOUSLY INJURED BY THE FAULT OR
NEGLIGENCE OF ANOTHER, YOU NEED COMPETENT LEGAL COUNSEL TO ASSIST YOU IN
GETTING JUST COMPENSATION FOR YOUR CLAIM.
CALL PAULSON COLETTI TRIAL ATTORNEYS TODAY FOR A FREE CONSULTATION
(503) 226-6361
Paulson Coletti Trial Attorneys PC
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Portland, Oregon 97205
Telephone (503) 226-6361
Fax (503) 226-6276
* The firm has received the highest rating "AV" by Martindale-Hubbel. The
"AV" rating indicates very high to preeminent legal ability and very high
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Disclaimer: The personal injury, medical malpractice, dental negligence,
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