If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

Two teenage girls who worked at Good Samaritan Society Nursing Home in Albert Lea, Minneapolis, are being charged with nursing home abuse, reported authorities on Thursday. 19-year-old Brianna Broitzman and 18-year-old Ashton Larson are accused of taunting, spitting upon, poking and groping the genitals of residents who suffered from Alzheimer’s disease and other dementia disorders in the home.

Broitzman and Larson, who worked as part-time nurse’s aides at the home, are being charged as adults. Four other teens who worked with them are being charged as juveniles for failing to report the incidents.

Broitzman and Larson’s charges include assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failing to report suspected maltreatment. All of these charges are gross misdemeanors.

If found guilty, Broitzman and Larson “most likely will face suspended jail sentences and probation, so they’d have the threat of jail hanging over them if they get in more trouble,” Attorney Craig Nelson told the Star Tribune of Minneapolis.

Mark Anderson, administrator at the Good Samaritan Society home said the past few months “have been difficult for the staff, the home’s residents and their families. We are just really thankful that the proceedings are moving forward and hopefully can see some closure to this whole process.”

As many of today’s nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing home abuse is devastating, extremely unnecessary and completely illegal. If you feel you or a loved one has been the victim of nursing home abuse, or if you have lost a loved one due to wrongful death caused by nursing home abuse, you are not alone and you do have legal rights. Contact the authorities immediately if you or your loved one is still in danger. After the threat of personal safety is relieved, contact an experienced nursing home abuse attorney to discuss your litigation options.

If you know or are close to an elderly man or woman, chances are you have seen them pop a pill before or after dining, heard them mention that their medication costs are too high, and/or have seen their bathroom or kitchen cabinets overflowing with small, orange prescription bottles.

Polypharmacy (the use of multiple meds) is most common among people over age 65, about one-fifth of whom take at least 10 medications a week. Although multiple medications can treat or ease many ailments, overmedication can worsen some conditions and cause troubling side effects that need to be treated with even more drugs. This overmedication among older Americans is developing into a vicious cycle and a growing, unexamined problem in modern-day health care. “Overmedication is a true medical epidemic,” says Armon B. Neel Jr., PharmD, a clinical pharmacist in Georgia. “It’s completely out of hand.”

The Institute of Medicine estimates that at least 1.5 million drug overdoses occur in the U.S. every year, thousands of which are fatal. Studies indicate that about one-third of these adverse drug reactions occur among senior citizens—and that 42% of these fatal accidents were caused by a lethal combination of drugs. Sadly, when elderly patients first start to recognize signs of a possible adverse reaction to their overmedication; e.g. memory lapse, fatigue, abdominal pain, swelling, or other ailments, doctors often mistake these physical responses as signs of a worsening disease…and prescribe more drugs to combat the symptoms. This can lead to a “prescribing cascade,” says Jeffrey Delafuente, FCCP, a professor of pharmacy at Virginia Commonwealth University. “The solution is to perform a proper diagnosis and reduce the number of drugs. Adding more just exacerbates the problem.”

Improper treatment of a patient by a physician is the leading cause of medical malpractice. There can be a variety of circumstances in which a patient is misdiagnosed and subjected to improper treatment and preventable procedures—such as wrong limb amputation, wrong organ operation/transplant, inappropriate administration of chemotherapy, and excessive medication prescriptions.

If you believe you or a loved has suffered from medical malpractice of any kind, including being overly-medicated, or if you have lost a loved one due to wrongful death from medical malpractice, contact a qualified medical malpractice attorney in your area today for more information or to discuss the specifics of your case.

A new study conducted by the U.S. National Institutes of Health (NIH) has found that half of U.S. doctors surveyed say they regularly give their patients placebo treatments—drugs and/or vitamins that they knowingly admit won’t help the patient’s condition. Placebos have traditionally been thought of as sugar pills, but placebos in this sense include any medication that is not designed to help or treat a patient.

“It’s a disturbing finding,” said Franklin G. Miller, director of the research ethics program at NIH. “There is an element of deception here which is contrary to the principle of informed consent.”

Researchers at NIH sent surveys to 1,200 random internists and rheumatologists, and they received 679 responses. Of those doctors, 62% believed that using a placebo treatment was ethically acceptable, 51% reported using placebos several times a month, and 70% of those doctors described the treatment to their patients as “a potentially beneficial medicine not typically used for your condition.”

Further, the doctors who use placebos have used actual medicines as the placebo treatment: 41% have used painkillers, 13% have used sedatives and 3% have given saline injections. Smaller studies done elsewhere, including Britain, Denmark and Sweden, have found similar results.

“I would feel very cheated if I was given a placebo,” said Ruth Schachter, an 86-year-old skin cancer patient. “I like to have my eyes wide open, even if it’s bad news. If I’m given something without being warned what it is, I certainly would not trust the doctor again.”

Improper treatment of a patient by a physician is the leading cause of medical malpractice. There can be a variety of circumstances in which a patient is misdiagnosed and subjected to improper treatment and preventable procedures, such as wrong limb amputation, wrong organ operation/transplant, inappropriate administration of chemotherapy, and/or medication errors.

The emotional impact felt by patients who discover that they have been a victim of improper treatment, such as being given placebos, can be serious. Like Ms. Schachter, a patient is likely to develop a lack of trust and apprehension towards physicians and further medical procedures following such a preventable, and arguably unnecessary, experience. And this situation can turn grave if medical treatment being avoided is critical to sustain life.

If you believe you have suffered from medical malpractice of any kind, or for more information about improper medical treatment, contact a qualified medical malpractice attorney in your area today to discuss the specifics of your case.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a newbie, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus at least 75% of his or her time on the subject matter involved in your case.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Taken from legal horror stories of the past, beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.

A new study by the Department of Health & Human Services’ (HHS) Agency for Healthcare Research and Quality (AHRQ) found that 1 of every 10 patients who died within 90 days of surgery did so because of a preventable medical error.  The study also found that preventable medical errors cost nearly $1.5 Billion annually.  (Find the study in the July 28 issue of the journal Health Services Research.)

Medical errors are unfortunately all too common.  Generally, a medical error is a mistake in the care of a patient, or a medical care plan of action that doesn’t achieve the intended outcome.  Often, preventable errors result from staff failure to follow standard policies and procedures, whether at the hospital, your doctor’s office, at the pharmacy, surgery centers, or other clinics.  Remember when Dennis Quaid’s newborn twins suffered from a “preventable medical error” after being accidentally given 10,000 units of a blood-thinning drug instead of the standard 10 units?

Many suggest that at least some medical errors may be due to the lack of sleep healthcare workers commonly suffer.  After being on duty for several hours at a time, often up to 36 hours or more, physicians, nurses and other medical staff may be at higher risk for making errors.  Also, with a high patient load, medical workers often aren’t able to communicate as well, or as regularly, with their patients as they would if they had fewer patients.  After all, the folks who work in the healthcare industry are often incredible people…. and only human.  While we hold them to a higher standard of care than any of us hold ourselves…. they aren’t perfect.

Many states have enacted “apology laws” for healthcare workers.  The intention of these laws is to prevent a doctor’s apology, expressions of regret, sympathy or compassion from being used against him or her in court.  Otherwise, such an apology could be considered an “admission of liability” in medical malpractice lawsuits. The intention is to encourage physicians and other healthcare providers to apologize to patients when a medical error occurs.

In addition, many hospitals have implemented policies to waive the cost of medical bills involving medical error.   Medical procedures can be very expensive!  Can you imagine getting the wrong surgery… and having to pay for it?  Twice?  (Once to have it done wrong, and once to correct it)

How would you feel?  If you or someone you love has been injured by a preventable medical error, maybe even of the kind that results in unnecessary death, would you want an apology from the doctor or medical worker who made the mistake?  Would hearing an apology – an acknowledgment that a mistake was in fact made – make you more or less likely to sue?  Do you think it’s fair to have to pay for improper medical care?

For related information, see the AHRQ Patient Fact Sheets:  20 Tips to Help Prevent Medical Errors and 5 Steps to Safer Health Care.  See also the AHRQ’s brochure on Ways YOU Can Help YOUR Family Prevent Medical Errors.

If you have been the victim of medical malpractice, medical negligence, or have suffered from a medical error, contact an attorney to discuss what legal options may be available to you.  A medical malpractice attorney may be able to help you get a portion of your medical costs waived (perhaps at least the portion related to the erroneous care) and may be able to get you compensation for your injuries.

Ohio medical negligence lawyers, Becker & Mishkind have an impressive record of achieving verdicts and settlements for injuries and losses to our clients caused by medical negligence in cases including those involving catastrophic injury such as traumatic or spinal cord damage, birth injury, brain injury due to deprivation of oxygen, and nursing home abuse and neglect. Attorneys at the law firm include a physician and a psychologist who are uniquely qualified to help demonstrate liability in these difficult cases.

Becker & Mishkind, offer more than ninety cumulative years of experience as trial attorneys, and have the resources to represent your interests effectively against negligent health care providers.

Becker & Mishkind is a personal injury law firm dedicated to professionally, thoroughly and aggressively representing victims of medical, hospital and nursing home negligence. The Ohio medical negligence lawyers represent clients located in Mercer, Auglaize, Logan, Union, Delaware, Knox, Holmes, Tuscarawas, Carrol, Jefferson, Licking, Coshocton, Darke and Shelby counties. Free Consultation! Call today – 888-490-2537

RECENT MEDICAL NEGLIGENCE VERDICTS AND SETTLEMENTS

Secured $25.5 million dollar verdict:

Baby Doe was delivered at ABC Hospital in 1994. Her mother experienced a complication just before delivery that led to oxygen deprivation in Baby Doe. This case had previously been rejected by another prominent Cleveland law firm. At trial, Mr. Becker proved that the hospital failed to follow its own protocol for an obstetrical emergency. Prior to trial, a mock jury was utilized to help focus on the important issues of the case from a lay perspective. During trial, shadow jurors were used to follow the court proceedings. Becker adjusted his presentation during trial to meet the concerns of the shadow jurors as they arose. After two and one-half days of deliberation, the jury awarded $17,000,000.00 to Baby Doe and her parents. Because the hospital failed to make a good faith settlement offer before trial, Becker obtained an additional $8,500,000.00 in prejudgment interest. Baby Doe’s ultimate judgment is one of the largest malpractice medical malpractice verdicts in the history in the State of Ohio.

Secured $7 million dollar verdict:

Medical malpractice case. Client was transferred from the PACU to an unmonitored medical floor without an EKG monitor, without pulse oximetry monitoring, and without continuous blood pressure monitoring. Less than four hours later he was found in cardiopulmonary arrest. The patient experienced a cardiorespiratory arrest that has resulted in anoxic encephalopathy.

Litigated a $3.1 million dollars compensatory, $3 million dollars punitive settlement in a medical malpractice wrongful death case against a hospital.

Wrongful death case. The plaintiff’s decedent, a special needs young adult, developed a need for dialysis secondary to cystic medullary disease. Because plaintiff had to return to work, it was necessary to hire a health care professional to baby sit or otherwise watch plaintiff’s decedent during dialysis. Plaintiff’s decedent had previously demonstrated a tendency to play or fidget or tug at her catheter lines during dialysis if she wasn’t preoccupied. The home health care group, Medlink, hired a convicted felon contrary to Ohio statute to stay with plaintiff’s decedent. On the day in issue, the Medlink employee abandoned plaintiff’s decedent which enabled plaintiff’s decedent to pull out her catheter line resulting in an air embolism and a severe anoxic injury. Plaintiff’s decedent lived for a few weeks thereafter before dialysis was discontinued resulting in plaintiff’s decedent’s death. Prejudgment interest proceedings are pending. Furthermore, the defendant Medlink has appealed to the Eighth District Court of Appeals.

If you have questions about your medical care, don’t wait to get advice!
Free Consultation – 888-490-2537!
Call Becker & Mishkind – Ohio medical negligence lawyers!

Indiana accident attorney, Larry Jackson is dedicated to representing wrongful death clients in Indianapolis, Ft. Wayne, Evansville, Bloomington, Columbus and throughout the counties of Marion, Allen, Vanderburgh, Monroe and Bartholomew in the following areas:

WRONGFUL DEATH AS IT RELATES TO:

• VEHICLE ACCIDENTS
  • Automobile Accidents
  • Motorcycle Accidents
  • Semi Tractor Trailer/18 Wheeler Accidents
  • Truck Accidents
  • Drunk Driving Accidents
  • Hit & Run Accidents
• TRAUMATIC BRAIN INJURY
• NURSING HOME ABUSE AND NEGLECT
• BURN INJURIES
• MEDICAL MALPRACTICE
• SPINAL CORD INJURY
• SLIP AND FALL/PREMISE LIABILITY

Larry R. Jackson understands that matters surrounding serious personal injury, nursing home abuse and medical malpractice resulting in wrongful death are traumatic and emotionally delicate in nature. The Indiana accident attorney provides a comfortable yet professional atmosphere, meeting personally with each client and delivering trusted legal services.

Call Indiana accident attorney Larry R. Jackson, today, for your free initial consultation at 866-435-5809.

Call Today – 866-752-7126

Nursing home residents are among society’s most vulnerable members. Miami nursing home negligence attorney, Jerome Quinn, Jr. is passionately committed to improving the quality of nursing home care and holding nursing homes accountable for substandard care and conduct. He is dedicated to representing clients in Miami, Ft. Lauderdale, West Palm Beach and the surrounding areas concerning such matters as:

• Nursing Home Abuse & Neglect
  • Bed Sores
  • Malnutrition
  • Sexual or Physical Assault
  • Theft
  • Medication Abuse
• Insurance Claims
• Medical Malpractice
• Anesthesia Negligence
• Slip and Fall/Premises Liability
• Wrongful Death

“Our success is measured by the satisfaction of our clients, and we are fortunate that many of our former clients are so pleased with the results we achieved for them that they refer their friends and family to us for representation. We also welcome and accept referrals from attorneys throughout the country. Referring attorneys rely on our Firm because they know that our lawyers are outstanding, experienced litigators.”

- Miami nursing home negligence attorney Jerome Quinn, Sr.

Getting Results for Real People:

The following is a mere roster of the successful verdicts obtained by Miami nursing home negligence attorney, Jerome Quinn, Jr.:

• Beane v. Sterling Bank FSB $10,250,000.00 Commercial
• John Doe v. Cruise Line $1,125,000.00 Med/Mal
• Jane Doe v. Corporation $1,600,000.00 Confidential
• Clement v. Great Lakes Steel $2,000,000.00 Maritime
• Gilman v. State Farm Insurance Co. $2,300,000.00 Insurance Case

Contact Miami nursing home negligence attorney, James Quinn today at (866) 752-7126, or complete the contact form provided on this site to schedule your free initial consultation.

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