Medical Malpractice Insurance

Medical malpractice insurance is a big part of health care, and since most of us are not doctors, many of us don’t think much about it. Doctors of course do. The high cost of medical malpractice insurance has forced many doctors to stop practicing all together. One Brooklyn obstetrician was forced into retirement because her malpractice insurance bill was $160,000 per year. She had never been sued or even had as much as a settlement against her.

What exactly has made medical malpractice insurance go up so much? Did you know that 10 cents of every dollar a doctor makes goes to paying for malpractice insurance?

Malpractice insurance costs doctors tens of thousands of dollars per year. This is the cost of doing business for a doctor even if he or she has never made a mistake or been sued. Some high costs states have premiums upwards of $200,000 per year and in other states it costs around $20,000. The reason for this is that in many states juries have awarded wronged patients excessively generous rewards knowing that the insurance companies can pay. The cost of these lawsuits is then passed onto the physician. One study has shown that the cost of malpractice litigation is 30 billion dollars per year and has risen 10% annually

All these factors cause doctors to take various steps that directly affect the cost of health care. Since a physician can get sued at any moment, they order excessive tests to cover themselves, and avoid some fields of medicine altogether. This of course drives up the cost of health care. Medical specialties with the highest premiums include obstetrics and anesthesiology. Many doctors avoid these entirely, and who can blame them?

What should a doctor who simply wants to practice medicine and help his or her patients do? With many insurance providers dropping the medical practice insurance coverage, how many choices does a physician have?

There are many things to consider when purchasing a medical malpractice insurance policy. Find out about the financial stability of your provider. Are they financially secure, or will they declare bankruptcy and leave you holding the bag? Check out the contractual limitations within the policy. In other words, read the fine print or better yet, have your lawyer do it. How long has the company been in business? What is their level of experience in handling malpractice claims? Make sure you are covered for additional liabilities such as things that happen on your property and in your facility.

When obtaining medical malpractice insurance, do your research. It is also a good idea to consult an attorney who has experience in malpractice suits and with insurance policies. For more information and links to the companies mentioned above, please visit Medical Malpractice Insurance.

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An Introduction to Medical Malpractice Insurance

It’s common knowledge that litigation has exploded over the past few years. This is particularly true with respect to malpractice suits against licensed professionals. This category of risk generally applies to: ·

• Doctors
• Nurses
• Other medical practitioners
• Hospitals

What Is Medical Malpractice?

Medical malpractice occurs where a medical practitioner acts in a negligent manner when treating a medical condition. Malpractice can occur from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

• Failure to diagnose, or misdiagnosis of a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;
• Failure due to faulty equipments, negligence in maintenance of the hospital facility or non-conformance to standards also result in medical malpractice.

To prove a medical malpractice claim, the patient must prove the health care provider did not comply with an acceptable and reasonable standard of medical care in their specialty, and that this failure was the cause of the patient’s harm.

When a medical malpractice claim is placed, there need to be four basic elements for a successful claim and compensation. The patient needs to show that a duty was owed when the hospital took on the patient. Next, they must show that the duty was performed incorrectly and there were obvious errors. They should show that this breach in duty caused an injury and damages (which can be emotional) for which the hospital, physician or practice must pay financial compensation. The majority of medical malpractice claims are due to medical error and 73% of these settle for compensation

How to Choose Medical Malpractice Insurance

Medical malpractice insurance falls into three categories: claims-made, occurrence and claims-paid coverage. The most common type of policy is claims-made coverage.

Claims-Made Coverage

Claims-made policies cover policyholders for alleged acts of malpractice that take place and are reported to the carrier during the policy period. Claims-made policy premiums are relatively low for the first few years due to the fact that there is often a significant lag between when a treatment is administered and the filing of a claim resulting from that treatment. Because of this, claims-made premiums are structured to increase each year

that the coverage is in continuous force until the risk presented approximates a "mature" risk. This is usually in years 5, 6, or 7 for individual physicians.

As a result, one advantage of claims-made coverage is that premiums are based on actual past and current experience. Policyholders therefore do not pay premiums for future liability that is difficult to project.

Another advantage of claims-made coverage is that it enables physicians to increase liability limits when necessary. For example, the limits of liability in effect at a policy’s inception may not be enough to cover a settlement incurred today. In this case, the physician may wish to increase his or her limits of liability. Claims-made policies only cover claims reported, and arising from, incidents that occurred while that policy is in effect, policyholders must be wary when switching carriers or otherwise terminating coverage.

For Example, assume you purchase a claims-made policy with an effective date of 7/1/2003. Assume you hold this policy with no interruption in coverage for 10 years. In 2013, you submit a claim for an event that occurred in 2004. The policy in force in 2013 will respond, meaning that you will be covered up to the full limits of the 2013 policy.

Occurrence Coverage

An occurrence policy insures for any incident that occurs while the policy is in effect, regardless of when a claim is filed. Under an occurrence policy, insureds pay premiums that take into account not current experience, but future projections as well. Such claims are called "incurred but not reported" (IBNR). Occurrence insurance rates can vary significantly because of the difficulty in projecting future claims expenses. Under an occurrence policy, the limits of liability are those in effect when the incident occurred.

The advantage of an occurrence policy is that neither retroactive (prior acts) nor tail coverage is needed when terminating coverage.

Tail Coverage

Tail coverage is offered when the physician is terminated from the current policy due to retirement, change in employment, disability, etc. Every physician has a retroactive date within the policy. The retroactive date indicates the physician’s entry date in the policy. Claims will be entertained for any losses that occur during the retroactive date and end date of the policy that is active as of the reporting date of claim. Tail coverage ensures that the reporting period of the policy continues even after the expiry of the policy or termination of the physician from the policy. Tail coverage is also known as Reporting Endorsement Coverage.

Every Physician has separate limits within the policy. If the physician is covered for their individual limit and opts to get covered for Tail coverage, then either the physician continues with the same limits or opts for lower limits. If the physician opts for lower limits there would be a discount that the physician can benefit on the tail premium. Any claim registered hence forth on the policy will only be valid for the reduced limits. Physician can opt for tail coverage within 30 days from the expiry of the policy or the termination date of the physician.

Premiums for tail coverage are determined by a doctor’s specialty, territory, limits of liability and length of continuous claims-made coverage. Tail coverage gets more expensive the further back in time it must provide coverage since the liability assumed by the carrier becomes greater. It is usually a percentage of the insured’s prior years premium.

Prior Acts ("Nose") Coverage

Prior acts coverage provides similar protection as reporting endorsement coverage. However, unlike a "tail," nose coverage is purchased through the new insurer.

Claims-Paid Coverage

Claims-paid coverage is often used by Trusts. Under a claims-paid policy, premiums are based only on claims settled during the previous year and projected for the current year. Claims-paid policies are generally assessable for a number of years after the policy has been terminated. In addition, claims-paid policies usually have restrictive claims "triggers," under which a claim is not considered formally made until a "Summons and Complaint" is received. As a result, policyholders changing from claims-paid coverage to claims-made coverage might find it difficult to obtain retroactive (prior acts) coverage from the new carrier. Physicians leaving a claims-paid carrier will most likely have to purchase expensive tail coverage from that claims-paid carrier.

Common Exclusions

o Contractual Liability

o Clinical Trials however Research Projects may be covered, the insurer will require information on these.

o Genetic damage or manipulation

o IVF treatment

o Dishonest, Fraudulent, Malicious or Illegal acts or omissions.

Risk Management & Assessment

Implementing a risk management program can help improve patient care, prevent malpractice claims and reduce costs. Physician-led research shows "risk appears related to patients’ dissatisfaction with their physicians’ ability to establish rapport, provide access, administer care and treatment consistent with expectations, and communicate effectively."

Insurance Company offers risk management courses to its insured. Similarly they also conducts risk management seminars periodically. By attending these seminars the physicians are eligible for risk management credits in the renewal. A Risk Assessment can be requested by the Underwriting or Risk Management Departments, Claims Committee or an insured.

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The Most Common Types of Medical Malpractice

Medical malpractice lawsuits are becoming a frequent occurrence in the US. In recent years doctors’ insurance premiums have increased due to the equally increasing number of lawsuits filed annually.

Let us take a closer look at the alarming statistics of medical malpractice cases in the US. According to the Institute of Medicine’s 1999 report, medical malpractice causes 98,000 deaths in a year. In 2006, a follow up research indicates that medication errors have caused an estimated 1.5 million injuries annually. It is also interesting to note that out patient settings caused greater number of errors and deaths than hospital settings. However hospital related injuries often lead to more severe cases of injuries.

The problem is far from over. Here is a list of the most common types of medical malpractice:

Misdiagnosis

- It is the responsibility of the doctor to properly identify the patient’s illness. This is actually one of the most crucial stages of treatment because if one is diagnosed incorrectly, it follows that the medication is also incorrect. It is very important that the doctors thoroughly analyze the results of tests and examinations. According to research failure to diagnose breast cancer has comprised 40% of malpractice lawsuits.

Medication Errors

- Failure to provide the correct medication and treatment comprise a large percentage of medical malpractice cases. It could be in the form of wrong medicine, incorrect dosage, incorrect prescription, and incorrect medicine combination. Instead of alleviating the patient’s condition, medication errors cause further damage or even wrongful death.

Birth Injuries

- Childbirth complications endanger both the baby and the mother’s life. Injuries in childbirth can be caused by one or a combination of the following: failure to provide pre-natal care, failure to administer tests that can indicate abnormalities, failure to recognize symptoms of fetal distress, hastening of childbirth which caused injuries for the baby and the mother, and finally failure to provide proper care to premature babies. This negligence may result to cerebral palsy, erb’s palsy, and clavicle fracture.

Surgical Errors

- Various forms of negligence happen in the operating room due to a lack of pre-operative planning and standard care. Surgical errors such as puncturing internal organs, failure to administer proper dose of anesthesia, operating the wrong body part, leaving surgical instruments and performing improper surgical techniques can all cause severe and fatal damages.

Anesthesia Malpractice

- The administration of anesthesia requires a very sensitive and cautious technique. It is important for the anesthesiologist to make sure that the patient does not have any pre-existing conditions that may create complications if anesthesia is injected. Incorrect dosage or use of anesthesia can lead to serious impairments or even death.

There are a lot more specific types of medical malpractice not only in surgery but also in specialized fields of medicine such as dentistry and gynecology. Even pharmacists who provide the wrong medicine other than the prescribed one may be sued for medical negligence especially if it has caused legitimate and severe damages to the patient. Unreasonable delays for treatment and inability to obtain consent for surgeries are also grounds for medical malpractice. If this happens to you or your loved one, immediately contact the help of a reputable medical malpractice lawyer so that the responsible party can be held accountable for their negligence.

About the Author:

Joanne Aika Castillo is a legal researcher and writer. Her research focuses on Medical Malpractice and Personal Injury Cases in Illinois. For information on Illinois Medical Malpractice Attorneys [http://www.lavinlaw.com/practice-areas/illinois-medical-malpractice-attorneys], please visit Lavin Law Offices [http://www.lavinlaw.com] now.

Article Source: http://EzineArticles.com/?expert=Joanne_Aika_Castillo

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Statute of Limitations For Medical Malpractice – Don’t Wait

If you have been injured by a doctor or at a hospital and think that you may have a medical malpractice case, go see a lawyer ASAP. I am not trying to scare you, but you only have a certain amount of time during which you must file a lawsuit.

Every state has a statute of limitations for medical malpractice.

Do not rely on general statements of how long you have to file a lawsuit. Generally, different types of legal cases have different statute of limitations. For example, if someone owes you money on a promissory note and doesn’t pay you, to collect the money, you may be required by state law to file a collection suit within three years of the last payment. However, if you were injured by a doctor or at a hospital, you may be required by state law to file a medical malpractice lawsuit within two years.

Nothing is ever simple. One aspect of statutes of limitations is determining when the time begins to run. In some states, the time begins to run when the malpractice occurs. In other states, the time begins to run when you either knew or should have known that malpractice occurred and that you may have a case. The difference can be huge. For example, you have surgery and discover two years one month later that the doctor committed malpractice and injured you during the surgery. Under one state’s laws, you may have missed the statute of limitations (over two years since the malpractice occurred) and be prevented from filing a malpractice lawsuit. Under another state’s laws, you may still be able to file a lawsuit because it is within two years of your discovering that your doctor committed malpractice during surgery.

Another aspect of statute of limitations that can complicate matters is the tolling of the statute. Generally, state laws attempt to protect people that are under a disability. For instance, a child or someone that is mentally incapacitated is not able to pursue a malpractice case on their own. Therefore, most states have laws that will toll or delay the start time or the running time of the statute of limitations. For children, the time may start only when the child reaches the age of majority. For mentally incapacitated people, the time may start when the mental disability is removed.

The above statements of times are just examples. Each state has its own statute of limitation laws that say how long you have, when the start time is, and what allows the statute to be tolled. You must check with a lawyer licensed in your state to determine how much time you have to file a malpractice lawsuit.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Stop! Click here for more medical malpractice information. And click here for 7 tips on how to find the right medical malpractice attorney.

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Medical Malpractice – Examples of Malpractice – An Experienced NY Med Mal Lawyer Explains

Is it malpractice if a doctor ignores an abnormal computerized EKG result?

Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?

Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?

Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?

What do you think of a doctor who takes cash for a procedure, does a "half-baked" job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with "sub-standard" treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?

What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.

Maybe this one will catch your attention:

A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman’s. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.

Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery–something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.

What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.

What common recurring theme is found in each of these cases?

Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above are real cases that happened in New York. Each victim had a story to tell. Each injury was different and affected each person differently. When asked, every injured victim would rather have their health than have to resort to a medical malpractice lawsuit seeking compensation.

Thanks for becoming informed.

About the Author:

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at oginski-law.com Call him at 516-487-8207.

Also, go over to http://www.medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

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How to Choose a Medical Negligence Solicitor

If you have been injured as a result of negligent treatment from a medical professional, you should speak to an experienced medical negligence solicitor. When choosing this solicitor, it is vital that you look for someone who is well-practiced and knowledgeable in their field, as medical negligence claims are often complicated.

In choosing a medical negligence solicitor you should always check their accreditations. Firstly, the Law Society provides its own endorsement for solicitors experienced in the field of medical negligence [or clinical negligence as it is sometimes known]; this is called the ‘Clinical Negligence Accreditation Scheme’. Secondly, the independent charity AvMA (Action against Medical Accidents) has its own recognized scheme of approval for solicitors capable with dealing with this kind claims. If a solicitor is AvMA approved then they will have the AvMA logo on their website or letterhead. If you cannot see the logo do not be afraid to ask the solicitor if they have received this accreditation.

If you choose a medical negligence solicitor who has been authorized by both of these bodies then you know that you are using a ‘Medical Negligence Specialist’. Such specialists are widely observed by organisations such as the NHSLA (NHS Litigation Authority) and the Legal Services Commission. To be classed as a specialist the AvMA will look at the solicitor’s level of knowledge and experience as well as their general work ethic before they will accredit them.

Furthermore, once the solicitor has been awarded the accreditation, they must then be re-accredited and thus re-assessed by the charity every five years – it is not an award that they can retain indefinitely. Whilst they are accredited, they must adhere to a code of conduct, and demonstrate impeccable customer service skills and empathy for their clients. Both panels limit the number of members and set high standards both for joining and for reaccreditation.

Other elements, which may affect your choice of medical negligence solicitor may include the nature of your case the availability of legal aid.

The solicitor will be able to let you know the type of caseload they manage and the areas of medical negligence that they are experienced in. They might have handled a wide range of claims or they might be specialized in a certain area. Knowing this will help you to assess whether the solicitor is likely to be able to provide a successful outcome to your case. You should also be aware that many solicitors will only take on privately funded cases.

Although this may suit you, some medical negligence cases (for example involving the NHS) have a public interest and therefore you may be eligible for legal aid. Try to find a solicitor that will deal with both types of funding, if legal aid then becomes available to you, you will not be forced to pay for your legal advice from private funds only. Remember – whilst thousands of solicitors deal with accident compensation claims, not many are experienced medical negligence specialists.

Do you need Medical Negligence advice? Why not see how Bonallack and Bishop can help you?

Tim Bishop is senior partner of Bonallack and Bishop http://www.bishopslaw.co.uk, a firm of UK solicitors with five offices in Wiltshire, Hampshire and Dorset — in Andover, Salisbury, Verwood, Warminster and Amesbury. Bonallack and Bishop offer a full range of legal services to private and business clients including employment law, accident compensation claims, medical negligence claims, conveyancing, business law, family law, wills and probate, civil and business litigation, construction law and leasehold enfranchisement cases.

Since giving up personally running a legal caseload to concentrate full-time on business development, Tim has spearheaded the expansion of his solicitors’ practice, seeing it grow by 1000% in the last 12 years. He plays a particular role in marketing and is responsible for major and strategic decisions and now sees himself as an entrepreneur who owns a law firm. Tim has firm plans for continued expansion of the firm in the next five years.

Article Source: http://EzineArticles.com/?expert=Tim_Bishop

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Basic Understanding of a Medical Negligence and Malpractice Lawsuit

Anytime a patient is injured or dies because the care provided by the medical professional was below accepted standards, which means the doctor, dentist, therapist, and even medical facility caused problems through an act or omission, the individual or his/her family would have legal right to file a lawsuit. This has become a serious problem, as the number of healthcare professionals increase and with new surgeries, procedures, and prescription medications being offered to patients but without the professional having the proper license in place.

If you have been involved with a situation of medical negligence or malpractice or a family member passed away because of this situation, the first thing you need to do is find a qualified and reputable attorney. This means if the case involved a dentist, you would need a dental malpractice attorney or if the case involved a doctor, then an attorney that handles cases involving doctors would be required. Remember, all medical; professionals are required by law to maintain malpractice insurance although the amount of protection varies.

Depending on the circumstances and the amount of damages being sought, medical malpractice insurance companies may try to settle out of court. In this case, your attorney and the attorney for the medical professional would convene and if an agreement could be reached, the case would be settled and closed. However, if all parties involved with the medical negligence and malpractice case could not agree on a settlement, a date would be set for trial at which time all evidence would be heard and a final determination made.

As the patient or member of the decease patient involved with a medical negligence and malpractice case, you would be the "plaintiff" and the professional or facility being sued would be the "defendant". If your injury were significant enough that you could not represent yourself, then a legally designated party would be appointed to work on your behalf. If the case involved the death of a family member, typically the administrator or executor of that person’s estate would spearhead the lawsuit.

For the defendant in a medical negligence and malpractice lawsuit, this could be any professional in the medical field to include a doctor, dentist, therapist, and even a nurse. Then, depending on the details involved, the actual medical facility might be named in the suit. As an example, if a hospital knowingly allowed a medical professional to provide care to patients without the proper license or training and something happened, the owners or executives of the facility would be liable.

At this point, attorneys for both parties, and often the dental or medical malpractice insurance company would review the details of the lawsuit and if all four required elements were met, the case would be heard in a court of law. For this, the medical negligence and malpractice claim would need to be filed in the appropriate jurisdiction, something your attorney would handle. A date would be set for the case to be heard, which could be anywhere from several months to years.

During the time of filing and the court date, various things would happen. For instance, depositions would be required, information gathered, parties interrogated, documents reviewed, and so on. If you ever find yourself in a position such as this or if you are currently in need of a good medical negligence and malpractice attorney, you want to choose someone with years of experience but also an attorney who specializes in the area of damage. As an example, if the issuer pertained to a dentist, then you would need a dental malpractice attorney.

For more free reports about Negligence And Malpractice read Dean Novosat’s writing at http://www.negligence-malpractice.com.

Article Source: http://EzineArticles.com/?expert=Dean_Novosat

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How Do You Choose a Medical Malpractice Lawyer?

You have a lot of choices. "Who’s the best?" "Who has the most experience?" "Who can get you the most money for your case?" "How do I know I can trust him?" "What does it cost to hire an experienced trial attorney?"

These are all valid questions and I’m going to answer each one here:

"Who’s the best?"

In New York, there is no specific answer for that question. There are a lot of good attorneys. However, lawyers in NY are not permitted to say "Come to me because I’m the best…" The best at what? With what type of case? Under what circumstances? What set of facts? Which court? As of when? There are too many variables and it really becomes impossible for anyone to say "I’m the best." Anyway, if a lawyer says that, they’d probably get in trouble with the ethics committee that governs what attorneys can say. Yes, it’s true; there is an ethics committee that controls what New York lawyers can say in their marketing messages.

"Who has the most experience?"

That’s easy to find out; just ask. "How long have you been handling and trying medical malpractice cases here in New York?" Warning: Just because a lawyer has been in practice longer than someone else, does not necessarily mean they are automatically "better" than a lawyer who has been in practice for less time.

"Who can get you the most money for your case?"

The answer to that question is impossible to answer. I know of lawyers in a trial law firm in New York City who privately comment on large jury awards and settlements and quietly boast that they could have gotten more money on a particular case. Could they have done so? Who knows? Is there any way to really know? No. Is there any way for a consumer to get an educated and intelligent answer to that question? No. Why not?

Each case is different. Each case has its’ own peculiar ups and downs. Each case is located in a different court before a different judge. Each defense attorney and their insurance company has their own peculiar standards. If an attorney tells you that they can get you "X" dollars for your case, or that they can get you more money than any other attorney, ask them to put that in writing. It will never happen, because no lawyer, no matter how good or experienced, can ever guarantee a result.

"Trust"

This is clearly the hardest thing to judge. You’ll make a judgment about the lawyer when you walk into their office. From their furnishings to the attorney, you are constantly thinking about how this lawyer can help solve your problem. There is no central lawyer directory where you can check to see which lawyers are trustworthy. Satisfied clients are just one way to judge the quality of a law firm and the lawyers that work there. However, you will probably not get very far to ask for a list of unhappy or disgruntled clients. You can always check with the grievance committee to see if there were any disciplinary actions against that attorney. However, that only proves a negative. If the lawyer has never had a complaint or been disciplined it only means that there’s never been a problem. It does not mean that the lawyer is worthy of your trust.

The best way to answer that question is to talk to the lawyer yourself; meet with the lawyer and judge for yourself. Obviously, you can’t always accurately tell that by talking and meeting with an attorney. However, it will give you a much better sense of who you’re dealing with compared to you never having met the attorney.

"What does it cost to hire an experienced New York trial lawyer?"

Nothing; at least not upfront.

"What does that mean?" It means that you can hire an experienced attorney without having to pay a dime out of your pocket when you begin. If you have a valid case and you start a lawsuit, the attorney and his law firm will pay all the expenses to prosecute your case till the end. Only if you are successful, and you receive money as a result of your lawsuit, will your attorney receive a percentage of what you win. This is commonly known as a contingency fee. The lawyer’s fee is contingent on you getting compensated. If you are not successful in your case, your lawyer gets no money and has spent a considerable amount of money to prosecute your case, without ever getting repaid. That is why most experienced attorneys will be very selective about which cases they accept. An attorney will usually only take a case if he reasonably believes you have a valid case (and must confirm that with an expert physician). Otherwise, he will never recoup the money he has paid to prosecute your case, or receive any attorney’s fee for the hundreds and thousands of hours of time he will put in to prosecute your case to a conclusion.

By becoming an educated consumer about who to choose as your attorney and learning about how cases like yours work, you’ll be able to make an intelligent decision about which lawyer is right for you.

About the Author:

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry’s free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

Visit here for more info on medical malpractices. It also contains some more info on law firms for medical malpractices.

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Qualities of a Good Malpractice Defense Attorney

The crime of malpractice is a serious allegation that can cost one’s license to practice his profession aside from the fact that he is facing a possible civil and criminal liability. Jurisprudence is not bereft of cases where a professional was divested of the privilege to practice his profession, fined and sent to prison, mainly because he was poorly defended by his defense lawyer.

The role of a malpractice defense attorney cannot just be assumed by anyone engaged in the practice of law. It takes more than knowledge of the law. It is also required that the defense attorney be familiar with the profession that he is defending coupled with a long experience in court litigation.

He must be one who could not only successfully defend the client from the lawsuit but he must also be one who can help restore a client’s reputation and dignity. What is the use of winning a case if you cannot get back your clientele? It may sound as if it’s not already covered by a defense attorney. It should be, if he is a good one.

A good defense attorney must be one who can give advice how to get your business back on track because he understands that losing clientele is just one of the repercussions of being an accused in a malpractice case. The strategy that should be employed by him is not only to win in court but also to win the sympathy of the people. Innocent or guilty, that fact is yet to be proven. Do not be disheartened if you are one who is facing a malpractice suit. There are a lot of competent malpractice defense attorneys who have the above mentioned qualities. All you have to do is look it up.

About the Author:

Justin is a financial writer all over the web on topics from stocks to forex. If you’re interested in things like how to become a tax attorney then have a look around the internet and you’re sure to find some great information.

Article Source: http://EzineArticles.com/?expert=Justin_DeMerchant

Visit here for more tips on handling medical malpractice. Know also something about the verdicts on medical malpractice lawsuits.

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Top Ten Things To Look For In A Medical Malpractice and Personal Injury Attorney

Being injured is no fun. Not knowing where to turn, who to trust, and what to do about your medical bills is frustrating.

Most people will never need a malpractice lawyer. That’s good. Most people will never need a personal injury lawyer, and that’s good too. But there are folks who do get injured because of someone else’s fault, and they’re the ones who DO need an attorney.

Maybe you know of a friend of a cousin who was related to someone who knew an attorney. You could call him to ask him questions about your accident. Maybe you could look in the Yellow Pages and call someone who has a big ad. Maybe you could walk into a storefront lawyer’s office, right off the street. Maybe you could call the 800 number on a billboard you saw. You could do all of these things and maybe you’d be ok. Then again, maybe not.

The purpose of this article is to provide you, the consumer, with information about what you need to know BEFORE you ever step into a lawyer’s office. I know some lawyers who want to wait till the client gets into their office to explain to them their options. This way they can show off how brilliant they are- and maybe they are. But why not give the client information about how to choose an attorney, and let the client make their choice about who to use.

But, how do you choose among the many lawyers who advertise for your attention? The answer is not an easy one. Remember, not every lawyer advertises. Of those that do, not all of them are trial lawyers. You must ask.

So, here are the top ten most important things you need to look for in a medical malpractice or personal injury lawyer:

1. Experience

How many years has the lawyer been in practice? The greater experience, the greater likelihood this lawyer has seen cases like yours, and knows how to handle your case.

2. What type of firm does the lawyer have?

Is he part of a big law firm, or is he a solo practitioner? Just because the lawyer works in a big firm doesn’t necessarily mean it’s better for you. Likewise, just because an attorney is a solo practitioner doesn’t mean he’s not capable of successfully handling your case.

There are many advantages to using a solo practitioner- you get individual, personalized attention; an attorney who knows everything about your case; an attorney who returns your calls promptly; and someone who doesn’t take on more cases than he can manage.

With a large firm you might have multiple attorneys handling different aspects of your case; different attorneys appearing in Court for conferences; your phone calls may not be returned as quickly as you’d like- but at the same time a large firm might have more resources than a solo practitioner such as paralegals and associates.

Ask your prospective lawyer whether he delegates his work to his junior people, or does he do it all himself? Does he return your calls, or does the junior lawyer call you instead? Does the paralegal do all the paperwork, or does a lawyer do it?

3. Where is the lawyer’s office?

This is important only for people who are solely concerned about convenience. Some lawyers have multiple offices. If you’re concerned about going to someone whose office is in the City, and you live in the Suburbs, keep in mind that most likely, you will not need to physically go to his office more than a few times. He should be readily available by phone or email.

If travelling to an attorney’s office is still a concern, ask whether the lawyer can travel to your home. Most attorneys will accomodate a client, if they are physically unable to travel. However, if the client is simply reluctant to travel, then there is a very important reason to have the prospective client come to the lawyer’s office: (1) To see how the lawyer operates, and (2) So the lawyer can see how the client adjusts to being in an unfamiliar setting. This last part is vitally important to an attorney who evaluates you as a potential witness at trial.

4. Do you email clients?

Do you send regular updates by letter or email? If I have a quick question, can I email you instead of calling you on the phone?

5. "When my case comes up for a deposition (a question and answer session with your lawyer and the lawyers for the people you have sued) will you be there with me, or will I have one of your junior associates?"

This is very important. You’re hiring a lawyer. Some people hire a law firm and don’t care who works on their case. An injured victim SHOULD care, because they want to be treated with resepect and attention they deserve. In some firms, the lawyer you meet with will not be the one who appears at your deposition with you. In fact, depending on how busy the law firm is, it’s possible that the lawyer you meet with may not even try your case!

That’s why you’ve got to ask: "Will you be there at my deposition?"

6. "When my case comes up for trial, will you be there with me, or will I have one of your junior associates?"

Again, this is a very important question. The lawyer you get to know at your first office visit may not be the lawyer who tries your case. You may only get to meet your trial lawyer a few months before your trial starts. I know many people who don’t like that approach to lawyering, and others simply don’t care. As an injured victim looking for a lawyer to represent their interests, I can only suggest that you should care.

However, keep in mind that there are law firms in New York, and elsewhere, that have dedicated trial lawyers. Their job is ONLY to try cases. Their other partners or associates handle the other parts of your case. In some other firms, you get one attorney and he (or she) handles your case from start to finish. Find out from your prospective attorney which one you can expect.

7. ASK THIS QUESTION TO EVERY ATTORNEY YOU SPEAK TO: How much is my case worth?

Why? Because there are some attorneys who will claim, on your very first visit that your case is worth a ton of money- some even say "Millions!" Others are not so cavalier, and take a more cautious approach.

If a lawyer tells you your case is worth Millions, ask him to put that in writing. Why? Because no lawyer can promise or guarantee any outcome to a client. Watch what happens when you ask that lawyer to put his ‘guarantee’ in writing. He’ll quickly backtrack and make some excuse for not putting it in writing. Be careful of an attorney who makes such promises without thoroughly knowing all the facts of your case, and without having reviewed your records.

8. What are your success stories? What’s your record?

It’s important to know how an attorney has done in the past on other types of cases. What results has he achieved recently?

Obviously every case is different. But you still need to know whether he’s ever achieved large settlements or verdicts. If the biggest case he ever handled was small claims court, then maybe this attorney isn’t right for your type of case.

9. Does he have a web site? Does he advertise?

Does he have a presence on the internet? Why is this important? You want to know what type of material he has on his website. Is it a basic information card with bland material, or does he provide a reader with important information they need to know to educate them, BEFORE, they ever call him or walk into his office.

10. Does the lawyer offer a prospective client free reports to educate them about their options BEFORE, they ever call?

Ask if they have free reports about your type of case. Not some canned brochure that anyone can stamp their name on, but a real substantial report that discusses your type of case. Can the reports be obtained directly from the lawyers website, or by calling his office for a copy?

Knowing this information will make you a better informed consumer.
Hiring a lawyer is an important part of learning about your legal rights. Ask lots of questions and trust your instincts about any lawyer you speak to. Good luck.

About the Author:

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry’s FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

Article Source: http://EzineArticles.com/?expert=Gerry_Oginski

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