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I was told that it is 4 years from the date of injury?
So is that the date that it happened, or the date that the injury from what happened set in ?

Also someone else said that, it is the above OR the date that you became aware of the event, or the injury ?

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Technorati Tags: California, Case, Injury, Limitations, Malpractice, Medical, Personal, statue

In America, there always seem to be lawyers that hatch right from the soil, ready to sue for most everything. With the amounts and frequency, acupuncture malpractice insurance has become a necessity.
There are people who believe that if they aren’t healed that they have been treated wrong and the practitioner is to blame. This might have merit in western medicine with the drugs and surgery performed wrongly and a person being crippled for life. With acupuncture, the medicine isn’t looking to do surgery or condone the use of pharmaceuticals, the acupuncturist is working with energy to find the areas or pathways that are blocking the energy that is needed to feel better and stop the pain that many people have. The people who use the acupuncture are trying to stop the pain and are trying anything to not have to have surgery. This mindset is what usually stirs the pot for acupuncture malpractice.
There are many companies that offer acupuncture malpractice. Some have a lot of experience in defending the acupuncturist and others have very little practical experience. One of the problems with acupuncture malpractice is that it ends up costing the practitioner so much that the price ends up being paid by the future patients. Without acupuncture malpractice, a person can lose the practice and everything that they own.
Acupuncture Malpractice Reasons
There have been studies done to track the level of malpractice suits in both the western medical practices and the acupuncture practices. The end result is that it’s very similar in both cases. The malpractice was almost a mirror image of people who sued for malpractice. Many people who bring an acupuncture malpractice case don’t usually do it right away. It’s usually after some time and for many different reasons. Some people believe that if they get an entirely different symptom after seeing an acupuncturist that they can sue for that.
In the eyes of the law, new symptoms are not grounds to sue on but the practice can’t afford to gamble and has malpractice insurance to cover them anyways. The easiest reason for a suit against a practitioner is when the practitioner fails to detect an underlying condition that a person might have. If the patient ends up having damage due to a heart attack or other serious reason, the patient can sue and will probably win in a judgment. The problem is that practitioners are people also and being human, they are prone to make mistakes every once in a while.

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Technorati Tags: Acupuncture, Case, Increasing, Malpractice, problem

I will turn 18 in September, and my parents always told me that upon turning 18, I should file a medical malpractice lawsuit because of some incredible things that my neurologist did to me when I was an infant.

However, now that the time is approaching for me to file, I have learned that I cannot. The potential malpractice occurred when I was an infant, in 1991-1993. From what I understand, I would have had to file by the time I was 10.

but, both of my parents are mentally disabled. And in my childhood, they both abused drugs

I was “kidnapped” when I was 6 and 7. My mother had no way of contacting me and could not have filed suit, from what she tells me.

In the period where I was 8-10 years old, I was in foster care, not even with my actual parents to file suit.

Will any of these things likely re-open the opportunity for me to file suit?
Oh, and here are two more things, (and yes, I’m grasping at straws but whatever):

My mother subjected me to sexual abuse and later literally handed me over to a kidnapper. Twice. (this is in the period where I was 5-7 years old) When I was found and taken back to my mother, she still was in denial about the abuse and subjected me to it for another year, until another woman’s daughter made accusations.

She obviously wasn’t in the state of mind to pursue what was in the best interest of me. My father? He was estranged. He wouldn’t have filed suit anyhow.
Kaz: you would expect a 7-year old to contact a lawyer and file a lawsuit?? WHAT?

And again, my parents always told me that I couldn’t pursue the case until I was 18. As it was, I didn’t even think I had a case because they lied to me about what happened (again, they’re mentally disabled).

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Technorati Tags: Case, Limitations, Malpractice, matter, Michigan, minor, Statute, Suit, These, Things

I am a victim of legal malpractice in an auto accident case where another driver rear ended me. My attorney did not tell me my case was being investigated for fraud by the other driver’s insurance company. (He had his assistant email me a request to come into his office under the ruse that the other driver’s insurance agent just wanted to ask me a few questions. When I arrived at his office, he told me my case was being investigated.) He also failed to negotiate my medical bills to an amount lower than the limit of the other driver’s policy. The other driver’s insurance limit was $100k and my medical bills totaled over 115k. I have a new lawyer and my case is still pending. I’m still in pain and still require medical care. I suffered two herniated discs and an annular fissure from my accident.

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Technorati Tags: Case, Legal, Malpractice, much, Settlement

A day in the life of video documents for the jury the physical, emotional, social and economic challenges that a seriously injured person, resulting from a medical malpractice or serious personal injury case, experiences in their day to day life. It has been said that if a picture is worth a thousand words then a video tape is worth a million.A video that shows the jury what a typical day is like for the injured party is a very powerful tool to help the jury better understand the challenges that the severely injured party faces on a daily basis. Often times a seriously injured person may make a poor witness on their own behalf in properly explaining to the jury all of the problems which they face. This is sometimes the case with family members or a care giver who does not want to sound self serving or run the risk of seeming to exaggerate the situation.A properly produced day in the life video might show the problems which the Plaintiff experiences in every aspect of their daily life. These videos might also include interviews with the Plaintiff, the Plaintiff’s family members, the Plaintiff’s care giver and with the Plaintiff’s physicians. The presentation might also show selected medical records and actuarial tables setting forth life expectancies.These productions are especially suitable for the following types of cases:- Stroke victims;- Amputations;- Paraplegia;- Quadriplegia;- Birth injuries;- Brain injuries;- Spinal cord injuries;- Burn victims;- Blindness;- Medical malpractice cases- Special injuries- Serious injuries- Physical handicapsIt is important that the Plaintiff, the Plaintiff’s lawyer and the Plaintiff’s familyare all actively involved in the preparation of the video so that the video producer fully understands the nature and extent of what needs to be depicted on the video.Your attorney and the video producer should be able to set forth all of the needed footage in approximately 15 to 20 minutes as there is the real possibility that the jury will tend to lose interest after 30 minutes which might negatively affect its effectiveness.A properly produced Day In The Life Video can give the jury a more complete understanding of the nature and extent of the Plaintiff’s injuries and damages which can increase the likelihood of a settlement or result in a larger monetary award by the jury.If you suspect you are a medical malpractice victim for any reason, it is recommended that you seek legal advice immediately.

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I am trying to find out if anyone knows of a successful wrongful death suit where the victim has received a settlement from one of the doctors involved for medical malpractice. However, the hospital and others involved were not sued.

I would like to know because in 2000 my father was a victim of medical malpractice and I have documented evidence that the cause of his death is directly attributable to the initial medical malpractice. I have spoken to a few attorney but they have all been less than helpful perhaps they view this case as one that will require some major effort so they are balking. In any event I am hoping that maybe someone out there may have some input regarding a particular direction that I can move in.

Thanks in advance.

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Issues Regarding Medical Malpractice – Nexus Insurance Services Offers Advice For Physicians
Throughout the years the business of medical malpractice insurance has seen its ups and downs. The medical community including scholars and those working in the health care system have debated the topic of malpractice insurance and how it affects the whole ecosystem of the industry.

Read more on dBusinessNews.com

Jury Awards More Than $1.3 Million In Medical Malpractice Suit
A Superior Court jury has awarded more than $1.3 million in a medical malpractice lawsuit that had tested whether an unmarried same-sex partner could recover for loss of consortium.

Read more on Hartford Courant

High Court Backs Reno Hospital in Malpractice Case
The Nevada Supreme Court has ruled that hospitals are not strictly liable for malpractice committed in emergency rooms by independent contracting physicians.

Read more on KOLO 8 Reno

Nevada high court backs hospital in malpractice case
CARSON CITY – In a 4-3 decision, the Nevada Supreme Court has ruled that hospitals are not strictly liable for malpractice committed in emergency rooms by independent contracting physicians.

Read more on Las Vegas Sun

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Technorati Tags: backs, Case, Court, High, Hospital, Malpractice, Nevada

Here’s the situation…

I was born with a very weak chin, which gave me an awkward profile. For years I debated doing something about it so finally I broke down and went to a plastic surgeon, who examined me, and reccomended
a silicone chin implant for me. I never had a cosmetic procedure so I asked him how safe it was, and he assured me it is a very safe and simple procedure, etc. Therefore I agreed to the procedure.

After the surgery I noticed a severe assymetrical bulge on the left portion of my lower gumline. It felt tight and sore and looked very odd.
I followed up with my surgeon, but he assured me it was just a fibrous tissue capsule that had formed around the implant, and will dissipate quickly.

Well, about a week ago, I had some pain, the bulge became more severe, and to my horror, when I looked in the mirror inside my mouth, i discovered that THE ACTUAL IMPLANT had broken through my gumline, and was partially protruding out just below my teeth, exactly where that so-called “fibrous tissue capsule had formed”…the doctor was wrong..the bulge, had been the IMPLANT ITSELF, which had been aligned incorrectly, and therefore extruded from my mouth. Not only had the doctor misaligned the implant, he wasn’t even competent enough to realize that’s what it was on a follow-up.

I then immediately had to get the implant removed, and was smart enough to get it removed by a triple-board-certifed plastic surgeon.

The surgeon explained to me the following:

There’s two ways to put in a chin implant…externally, by making a small incision just behind the chin, or internally, by making an incision in the gum tissue beneath the lower teeth. He explained that it is FAR safer to make use the external incision because it forms a much tighter pocket around the implant, and leaves nowhere for the implant to extrude easily (unlike through the gumline from the inside). He ALSO
explained that it is INCREDIBLY INCOMPETENT to implant a LARGE chin implant through the mouth, because the larger the implant, the more it tried to extrude itself. And my implant, he discovered after removing, was one of the LARGEST implants on the market.

Now I have to wait 3 months while the first failed implant heals before then getting a 2nd implant, which will cost an additional 4 thousand dollars. In addition to the obvious pain of removal, the psyhological horror of seeing an implant rip through your gum and hang out of my mouth, the embarassment of the next 3 months having a noticeably
distorted profile from what people had grown accustom to, and an increased risk of chin ptosis or “witch’s chin” in the future due to the immense muscular gloving created by using an internal access point on such a large implant….in addition to all that, I now find out that
this was all on account of an incompetent surgeon ignorant to proper incision technique on an implant my size, never once stated to me the external incision was far safer (which would have made me request it), and then worst of all, eliminated any chance of being able to avoid removing the implant by failing to realize the misalingment even upon follow-up examination.

I know I signed informed consent forms like any operation, but the concept was that I was signing off on the inherit dangers of a procedure being attempted within normal protocol…NOT a procedure that was being done completely wrong, that I had no way of knowing short of being a doctor myself, or being told by another doctor after the fact.

Do I have a case here? Between the first surgery, the removal, and the 2nd surgery which I’m getting in January, the total medical bills will amount around 10,000 dollars. What I think I want to propose to a med-mal lawyer is that the incompetent doctor absorb the 10K in medical bills, and an equal amount in pain and suffering, to avoid me taking this to court.

I think a 20K settlement for this ordeal is a reasonable out of court request.

If you are a legal expert, tell me

#1- if you think the doctor’s gross ignorance regarding correct methodology for a procedure he reccomended is a form of medical malpractice. and…

#2- If it’s close enough that if he has any sense he’ll agree to my reasonable demand to keep me from flooding the the internet with bas PR for him and taking him to court.

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Technorati Tags: Case, Malpractice, Medical

Arbitration is a procedure used to resolve legal disputes efficiently and generally at a lower cost than a jury trial. Arbitration is a voluntary procedure where both sides to a dispute agree to have their case heard by a neutral, independent, third party who will hear the evidence and then render a decision. These cases could involve a medical malpractice, doctor malpractice, hospital malpractice or a serious personal injury case. Arbitration can resolve a case much quicker than a jury trial which might take years depending on the jurisdiction.Binding arbitration generally involves a mini or condensed trial where the rules of evidence are relaxed so as to allow the submission of evidence without the formalities required in court. The ruling of the arbitrator(s) is final and binding upon the parties and ends the dispute.The parties can agree on one arbitrator to hear and decide the case. In certain instances, each side to a dispute will choose their own arbitrator and then the two arbitrators will choose and agree on a third, neutral arbitrator. The decision of two of the three arbitrators will decide the case and will be final and binding.High/low arbitrators are an increasing popular form of arbitration. In this type of arbitration, the parties will agree, in advance of the arbitration, on a high figure and a low figure. This figure is used to protect the injured party’s downside and the Defendant’s upside. This means that no matter what the arbitrator awards, the figure will not be higher than the agreed upon high figure nor lower than the agreed upon low figure. By agreeing to the high/low figures each party insures the least amount one party gets and the most amount one party will have to pay. The high/low figures are not known by the arbitrator until after the award.You can also agree to a non-binding arbitration, which is sometimes referred to as a mediation, where the case is presented in an even more condensed version, with position papers being provided in advance to the mediator, who in effect suggests a settlement figure or settlement range which the arbitrator feels sets forth the fair value of the case.There are a variety of methods of arbitrating a case and this option should be explored and discussed with your attorney.Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”

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Determining the value of any personal injury, wrongful death or medical malpractice case is both an art and a science.

The science in determining the value of a claim is making sure that all of the necessary facts and figures are gathered and put together in a complete package that answers all of the needed questions. The art of the process is in being able to present this information in a manner that persuasively convinces the reader of the significance of the injuries and great value that they carry.

Because there is no mathematical formula that can be used to put a value on a case, it is very important that you have an experienced attorney utilize their knowledge, experience and visceral feel for determining the value of your case.

It should be stressed that no case should be settled until such time as the injured party has reached maximum medical improvement, that is, until that person has reached a point where his or her medical condition can no longer improve which means that their situation is stationary and permanent.

If the person’s medical condition is subject to change, has not stabilized and will continue to improve, then settlement discussions should not be started. The only exception to this situation is when there is not enough insurance coverage to compensate the individual for the damages suffered to date and there is no other hope of recovering any other funds.

For example, if a person is involved in a motor vehicle accident which is caused by the fault of another who has $20,000.00 of total insurance coverage available and the at fault party does not have any assets and no other means of paying any judgment, the injured party might settle with the at fault party while still treating, by taking the $20,000.00 worth of insurance coverage, prior to reaching maximum medical improvement even if the injured party’s case is worth more than $20,000.00

Once you have reached maximum medical improvement, an experienced attorney can begin to assess the value of your case.

The first major issue that must be evaluated is the strength of your case based upon liability. In other words, a determination must be made as to who is at fault. In many instances, the question of who is at fault is a relatively easy question to answer while in other cases this issue becomes much more complicated. In a typical case, an injured party must prove that their injuries were caused by the fault of another.

In a number of states, an injured party may pursue a claim even if he/she is partly responsible for the injuries sustained due to the doctrine of comparative negligence. In those instances, an injured party will have his/her award reduced by the amount of fault assessed against them. For example, if the injured party is found to be 20% responsible for his/her injuries and a jury found the case to have a value of $100,000.00, the injured party’s award would be reduced by his/her comparative fault (20%) which would result in an award to the injured party of $80,000.00 ($100,000.00 less at fault percentage $20,000.00 [20% of 100,000.00]).

Some states follow the doctrine of contributory negligence which holds if the injured party is in any way at fault then there is no recovery whatsoever and still other jurisdictions follow a modified comparative negligence standard.

In still other cases, fault is assessed on public policy reasons, which results in a finding of strict liability. In other words, certain states hold that a person or company is automatically liable for the injured party’s injuries. In certain states, the owner of a dog is strictly liable for the injuries suffered by a person who is bitten by their dog. In other instances, the manufacturers of certain products may be strictly liable for injuries caused by their use.

The second major issue that must be analyzed is that of damages. There are essentially two types of damages that are recoverable in a negligence action: economic damages; and non-economic damages.

Economic damages are damages that are intended to cover injuries for which an exact dollar amount can be calculated. Economic damages could include:

1. Medical expenses which have been incurred to date along with the future medical expenses which will likely be incurred as a result of the injury;

2. Lost wages or loss of income which have been incurred to date as well as the loss of the ability to earn the same or more income in the future that will likely result from the injury sustained;

3. The cost of past and future special services and/or medical devices to assist with activities which were previously performed by the injured party;

4. The cost of any type of vocational or other type of training which might be reasonable to retrain or assist the injured party who has a permanent disability; and

5. All reasonable out of pocket expenses.

Non-economic damages are intended to cover injuries for which an exact dollar amount cannot be calculated. Non-economic damages could include compensation for:

1. Pain and suffering to date as well as future pain and suffering;

2. Loss of life’s enjoyment of activities normally experienced by the injured party;

3. Emotional distress; and

4. Loss of companionship by a love one (generally a separate claim available to a spouse).

The determination of economic damages is generally a science. Medical expenses can be obtained from the health care providers (doctors, hospitals, therapists, etc.). Future medical expenses can be addressed by the injured party’s treating physician or other medical experts.

Past lost wages or loss of income can generally be calculated from tax returns or pay stubs. Future loss of income is usually determined by an economist and/or vocational rehabilitation expert. All out of pocket expenses can be calculated and documented by the injured party.

The determination of a person’s non-economic damages is generally an art. There is no formula, magic or other way to calculate the loss of function of a certain body part or the permanent injury to a person’s body or the value of the loss of one’s enjoyment of life.

An experienced layer will know through personal experience and jury verdict research what juries have awarded in similar cases which help them arrive at a range of values for a particular case.

To further complicate matters the value of an injured person’s case can also be influenced by any one or more of the following factors and/or considerations:

- The age of both the injured party and the at fault party;

- The likeable qualities of both the injured party and the at fault party which includes the impression each party might have on a jury;

- The experience and skill of each party’s lawyer and their ability to influence the jury to side with their particular client;

- The willingness of the injured party to go to trial;

- The willingness of the injured party’s lawyer to go to trial;

- The willingness of the at fault party’s lawyer to go to trial;

- The cost to defend the case;

- The cost of prosecuting the case;

- The experience, skill and history of the trial judge;

- How quickly it will take the case to come to trial;

- The available insurance limits and any risk that there may be a verdict in excess of the available coverage;

- The assets of the at fault party;

- The injured party’s life expectancy and unrelated conditions which might shorten the injured party’s life;

- The chance of the injured party being awarded punitive damages from the at fault party;

- How badly the injured party needs the money;

- The assessment of the injured party’s treating physicians;

- The assessment of the injured party’s expert witnesses;

- The assessment of the at fault party’s expert witnesses;

- The strength of the claims for future damages;

- The probability of success for future medical treatments for the injured party;

- Any claimed lien amounts on the file by any health care professionals, insurance companies or other parties;

- The nature and extent of any scarring or deformity;

- The sex of the injured party;

- The extent of any pre-existing conditions;

- Any statutory caps for damages; and

- The law of that particular jurisdiction.

The above factors are just some of the other considerations which make the evaluation of a case an art The ability to know what information to look for, how to evaluate it and how to present it makes the proper evaluation of a case a very difficult undertaking.

An experienced lawyer will be able to gather all of the needed information, properly weigh each piece of information, and will then be able to persuasively present it to the insurance adjuster, judge or jury to maximize the amount of money an injured party can receive.

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.

It is very important that you contact a free lawyer referral service website like SelectCounsel.com, at the earliest possible moment, at , so that you can get one of the best lawyers in your area to protect your rights and to help maximize the amount of money your recover.

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