Monday, July 25, 2016

July Case Result

                        Case Result

In May of 2015, our client N.K case number 212174, was made an offer of 25,000.
Farmers insurance company refused to increase this offer, and merely claimed our client had a significant amount of preexisting problems. 
We filed suit and set times for the surgeons to be deposed as a means to convince the insurance company that this surgery was related. 
We obtained the policy limits a month before trial and reached a $100,000 settlement. 

Tuesday, July 19, 2016

What is Medical Malpractice?

Medical Malpractice Is: 
-          When a medical professional, for example a doctor, a nurse, dentist, technician, hospital, or other health care provider, causes harm or death to a patient by FAILING to provide SUITABLE care.
-          Generally, the medical “standard of care” is the type and amount of skill and attention that a similarly-trained health care professional, in the same community as the defendant, would have provided the patient
-          Examples include misdiagnosis, surgical errors, nursing home abuse, birth injuries, and prescription errors. Additionally, sub-standard care and failure to perform a necessary function in order to prevent harm to a patient are also examples of medical malpractice.
-          A consent form does NOT release a physician from liability who was NEGLIGENT in performing a medical procedure.
If your doctor deviated from the applicable standard of care in performing a procedure and you were injured as a result, signing a consent does not waive your right to bring a medical malpractice claim..
It is critical to note that an error MAY occur and medical Malpractice is not simply “an error in judgement.”
 For example, the procedure may be complex from a medical standpoint, and can come with known risks, and the “error” was simply an offshoot of these risks.
Complications are often not considered as medical malpractice and most of these are contained on the consent form the patient signed before the procedure.
If there were no tangible “damages” from this negligence, there is no ability to file a medical malpractice claim. A quantifiable harm to the patient is required.

There must be a CAUSAL link between the mistake and the MEASURABLE harm inflicted to the patient. This means that if not for the error, the patient would not have experienced a worsening of his or her health. 

Monday, July 11, 2016

Why You Shouldn't Accept Any Settlement for Your Auto Accident Case Without Consulting with an Attorney

When you've been involved in a motor vehicle accident, it's not at all uncommon for the other driver's insurance company to make you an offer very soon after the accident, and before you retain an attorney.  Frequently, the insurance company will offer an amount to pay medical bills you incur within a month of the accident plus a modest amount for your pain and suffering.  The offers generally range from $500 to $2,000.  In the first few days after the accident, the figure being offered may seem like a great deal, but accepting a settlement without consulting with an attorney first is simply a huge mistake for several reasons.

If you accept a settlement before you know the full extent of your injuries and expenses, you will seriously short change yourself and may end up having to pay medical expenses out of your own pocket.  The insurance companies make these offers solely in hopes that they can get out of the case for much less than their actual exposure. 

An attorney can help you coordinate your treatment with medical providers that won't insist on payment up front.  This way you can afford to wait to settle until you know the true value of the case.  An attorney can also help you assess the value of your case to ensure that you are getting a fair settlement.  In almost every case, an attorney can get you a much bigger settlement than what you can get on your own, enough to cover any attorneys' fees and still put a good sum in your pocket.

If the insurance company is making you an early offer or seems overly eager to close your case and send you a check – just say no.  In all instances, this is a huge red flag and you should have an attorney review your case immediately.