Category

Legal Self Help

Choosing a Doctor for a Personal Injury Case

Special Medical Concerns

This blog explores the crucial questions involved in choosing the doctors and other medical providers who will treat your injuries. Also discussed is the importance of keeping track of your treatment so that you can assist your lawyer in gathering the medical information needed to represent you properly.

CHOOSING YOUR HEALTH-CARE PROVIDER

If after an accident…

Is there a Medical Malpractice Crisis?

THE MEDICAL MALPRACTICE CRISIS

The insurance industry, in conjunction with business groups and medical associations, attempts to. blame the civil justice system for the medical malpractice crisis in order to further its own agendas. The evidence, however, does not point to the civil justice system as a principal cause of the problem. The reality is that the legal, medical, and insuranc…

Spy Cams Stop Litigation (The Jerk and Jolt Doctrine)

Spy Cams Stop Litigation (The Jerk and Jolt Doctrine)

In the last month I have been approached by three people who wanted to sue the Southeastern Pennsylvania Transportation Authority (SEPTA) because of incidents that occurred involving vehicles operated by SEPTA.  SEPTA now has video cameras on its buses, trolleys and trains.  This is public money well spent, as shown below.  Pursuant to…

Winning Your Medical Malpractice Claim

HOW TO HELP YOUR ATTORNEY

The attorney performs the vast majority of the work necessary to prepare a medical malpractice case without the client’s involvement. There are, however, a number of ways you can assist your attorney throughout the course of the case.

Keep your attorney updated regarding your medical condition and treatment. Save all insurance statements and medical bills and…

Settling Medical Malpractice Claims

SETTLING THE CLAIM

As a general rule, medical malpractice cases are difficult to settle for a number of reasons that have nothing to do with the merits of the case. First, many malpractice insurance agreements contain a provision that the insurance company cannot settle the case without the doctor’s written consent. Since in most cases it is not the physician’s personal assets at risk, ther…

Expert Witnesses and Medical Malpractice Litigation

EXPERT WITNESSES

One feature of a medical malpractice claim that distinguishes it from a garden-variety negligence claim is the use of expert witnesses. In the average motor vehicle case, most people have a sufficient understanding of the duties of a motorist on the highway. Most people already know that a driver must stop for a red light and that the failure to do so is considered…

Valuing a Medical Malpractice Claim

NUISANCE VALUE

Attorneys who file medical malpractice lawsuits without thoroughly investigating them first do everyone a disservice. Malpractice lawsuits should only be filed after the records are obtained and reviewed by an expert. Some attorneys hope to harass doctors into settlements simply by filing suits. This is called going for nuisance value. While this might sometimes work wit…

Fundamentals of Medical Malpractice Litigation

THE FEE AGREEMENT

As noted, a medical malpractice lawyer works under a contingency fee agreement. Medical malpractice cases may warrant a higher contingency fee than garden-variety motor vehicle cases or slip-and-fall lawsuits. This is because the amount of work and the lawyer’s own financial investment are usually significantly more.

Some states have laws that limit the lawyer’s…

Proving Cause and Damages in a Medical Malpractice Case

CAUSATION OF INJURY

Just as important as establishing the doctor’s negligence, a plaintiff must also prove that this negligence caused injury. In short, it must be proven to a reasonable degree of medical certainty that the doctor’s conduct was a substantial factor in bringing about the harm the patient suffered.

Proving causation in a malpractice case is difficult. There are complications…

THE NUTS AND BOLTS OF A MEDICAL MALPRACTICE CASE

THE NUTS AND BOLTS OF A MEDICAL MALPRACTICE CASE

A comprehensive discussion of medical malpractice litigation is beyond the scope of this book. Each case is unique and presents a multitude of issues. But, in the end, a medical malpractice case boils down to three elements that must be proven by the plaintiff. Proving less than three is insufficient and will result in a verdict in favor of t…

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