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How a Medical Malpractice Expert Witness Should Prepare for Deposition
 
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For Additional Information: http://store.seak.com/how-to-excel-as-an-expert-witness-in-medical-malpractice-cases-dvd-set/
Просмотров: 550 seakincorporated
How to Seek Out an Expert Witness for a Medical Malpractice Case?
 
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http://www.foresnsisgroup.com
Просмотров: 114 ForensisGroup, Inc
Florida Supreme Court Rules Medical Malpractice Caps for Pain and Suffering Unconstitutional
 
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In June of 2017, the Florida Supreme Court ruled that caps on noneconomic damages (i.e., pain and suffering) in medical malpractices cases are unconstitutional. Learn more about what the ruling means from attorney Brett Panter of Panter, Panter and Sampedro.
Просмотров: 45 Panter Law
Medical negligence and fatal errors: Who should pay the price?
 
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In 2013, the Supreme Court in its landmark judgement awarded Rs 11 crore medical compensation to Dr Kunal Saha, a US-based Indian doctor, who lost his wife Dr Anuradha Saha due to medical negligence in 1998. And now the Indian Medical Association wants a cap on compensation to victims of medical negligence. On We The People, we debate how do you 'compensate' when medical negligence takes a life? Yet doctors want a maximum limit. We ask is it fair or self-serving? Watch more videos: http://www.ndtv.com/video?yt Download the NDTV news app: https://play.google.com/store/apps/details?id=com.july.ndtv&referrer=utm_source%3Dyoutubecards%26utm_medium%3Dcpc%26utm_campaign%3Dyoutube
Просмотров: 3688 NDTV
Medical Malpractice Damage Cap Increase Explained
 
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​INsight Interview with Dr. King from Sweeney Law Firm explaining the increase in the medical malpractice damage cap.
Просмотров: 15 Sweeney Law Firm
Do Medical Malpractice Damage Caps Violate the 7th Amendment?
 
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The 7th Amendment of the United States Constitution guarantees the right to a trial by jury. But laws in certain parts of the country run afoul of this right by capping noneconomic damages that a jury had determined were warranted and owed. In this video, Miami wrongful death attorney Joe Kalbac breaks down the issue of constitutionality of wrongful death damage caps.
Просмотров: 33 Colson Hicks Eidson
Why are There Caps in Medical Malpractice Lawsuits?
 
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In 1975 the California legislature passed a number of laws that were intended to reduce the cost of malpractice insurance for doctors and hospitals. These laws, which together were called the Medical Injury Compensation Reform Act (MICRA), included a $250,000 limitation on all non-economic damages in any medical malpractice case (e.g. pain and suffering damages only.) There is no limit to the amount of damages that can be recovered for economic losses in a California medical malpractice lawsuit. Visit http://www.fagellaw.com/FAQ/Why_is_There_a_Limit_on_Damages_.aspx for more information.
The Role of Expert Witnesses in Medical Malpractice Cases - Romano Law Group
 
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Florida personal injury attorney Geoffery Schosheim explain how critical expert witnesses are in a medical malpractice case. Learn more by visiting the Romano Law Group website or by contacting us at our office location: Romano Law Group EcoCentre, the Living Building 1005 Lake Avenue Lake Worth, FL 33460 (855) 525-9268 http://www.romanolawgroup.com/ If you or a family member were severely injured in an accident, please contact the Romano Law Group for a free case evaluation. We welcome clients from the greater Palm Beach, Florida area. Join Our Community on: Facebook: https://www.facebook.com/pages/Romano-Law-Group/730829466958378 Twitter: https://twitter.com/romanolawFL Google+: https://plus.google.com/105144516646215795570/about Pinterest: http://www.pinterest.com/romanolawgroup/
Просмотров: 17 Romano Law Group
Medical Malpractice: Is Honesty the Best Policy?
 
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Medical Malpractice is an issue all doctors worry about. Yet, studies show that when a doctor is honest with the patient, the risk of getting sued is less, even when serious events occur. Unfortunately, these studies have limitations, as this case example shows in a 2 minute YouTube video.
Просмотров: 27401 Steven Mussey
What Is a Medical Malpractice Damage Cap in Florida? Miami Medical Negligence Attorney Answers
 
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Medical negligence victims in the state of Florida are entitled to both economic and non-economic damages for their injuries. Unfortunately for victims, due to tort reform, the non-economic damages that these people suffer are capped at various rates, depending on the circumstances of the injury. In this video, Miami medical malpractice attorney Joe Kalbac explains these types of damage caps. If you have been injured due to negligent practices in a medical clinic or hospital, our team of attorneys would like to hear from you. You can reach our Miami office at (305) 476-7400 or you can visit our website to learn more: http://bit.ly/1TWta1E
Просмотров: 79 Colson Hicks Eidson
Medical Malpractice Attorney Discusses Medical Malpractice Limits in Indiana
 
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Indiana medical malpractice lawyer David Farnbauch talks about medical malpractice and what it means. David is a Medical malpractice attorney who handles all types of medical malpractice cases in the Indiana area. 1-866-793-6339 (Toll Free) 1-260-420-3137 (Local) 1-260-969-0321 (Fax) Visit the Indiana Medical Malpractice Lawyers at http://sweeneylawfirm.com
Просмотров: 1573 Sweeney Law Firm
Tucson woman awarded $12 million in medical malpractice lawsuit
 
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Tucson woman awarded $12 million in medical malpractice lawsuit
Просмотров: 1094 News 4 Tucson KVOA-TV
MICRA Expert - Tom Baker, Part 1 of 2
 
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Several Americans die due to medical errors every year. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250,000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900,000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.
Просмотров: 558 ConsumerWatchdog
The unfortunate case of being seen as an expert
 
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Sometimes it would seem easier to learn new things and ask questions without any background knowledge, because you are less at risk of being embarrassed to ask 'dumb' questions. Please subscribe ❤ https://www.youtube.com/user/tibees?s... Twitter: https://twitter.com/TobyHendy Instagram: https://www.instagram.com/tibees_/ #thoughts
Просмотров: 26869 Tibees
Legal Nurse Consultant Massachusetts: (203) 913 5225 Expert Witness, Medical Malpractice, Elder MA
 
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DM Consulting is a Legal Nurse Consulting Firm (203) 913 5225 that are Expert Witnesses Specializing in Medical Malpractice, Elder Law, Geriatric and Nursing Home Abuse. http://DMConsulting.org http://LegalNurseConsultant.us DM Consulting services all of Massachusetts (MA) and it's major cities including, Boston, Worcester, Springfield, Lowell and Cambridge Some of the services we offer: Expert Witness: DM Consulting has over 50 years of nursing experience in a variety of settings. At DM Consulting, we can analyze the available medical documentation and provide an informed opinion about the standards of care and the results of that care. We can serve as an expert witness to cases that fall into my specialty and can communicate clearly orally and in writing, explain medical terms and concepts using words the average person can understand. We can educate relevant parties about the medical and nursing parts of the case and partner with the attorney to determine its merit. Malpractice or professional Negligence: This involves litigating cases where a patient claims to have been harmed by the medical care received from a healthcare professional. As a legal nurse consultant and expert witness company, we can screen cases and help the attorney to determine if they are meritorious. We can analyze whether the duty to act according to the standards of care was breached and did this failure cause harm to the patient. We are able to search through medical literature, statutes and Nurse Practice standards and other resources and analyze the strength of medical expert testimony. At DM Consulting, each case will be evaluated personally and professionally to make sure all I’s are dotted and T’s are crossed. Let DM Consulting help you with your case today. DM Consulting can help you with the following, Expert Witness Massachusetts,Medical Malpractice Massachusetts,Medical Malpractice Cases Massachusetts,Elder Law Massachusetts,Nursing Home Abuse Massachusetts,Legal Nurse Consultant Massachusetts,Legal Nurse Massachusetts,Geriatric Massachusetts,Elder Abuse Massachusetts,Medical Malpractice Patient Care Massachusetts,Medical Malpractice Expert Witness Massachusetts,CLNC Massachusetts,Expert Witness MA,Medical Malpractice MA,Medical Malpractice Cases MA,Elder Law MA,Nursing Home Abuse MA,Legal Nurse Consultant MA,Legal Nurse MA,Geriatric MA,Elder Abuse MA,Medical Malpractice Patient Care MA,Medical Malpractice Expert Witness MA,CLNC MA,Expert Witness Boston,Medical Malpractice Boston,Medical Malpractice Cases Boston,Elder Law Boston,Nursing Home Abuse Boston,Legal Nurse Consultant Boston,Legal Nurse Boston,Geriatric Boston,Elder Abuse Boston,Medical Malpractice Patient Care Boston,Medical Malpractice Expert Witness Boston,CLNC Boston,Expert Witness Worcester,Medical Malpractice Worcester,Medical Malpractice Cases Worcester,Elder Law Worcester,Nursing Home Abuse Worcester,Legal Nurse Consultant Worcester,Legal Nurse Worcester,Geriatric Worcester,Elder Abuse Worcester,Medical Malpractice Patient Care Worcester,Medical Malpractice Expert Witness Worcester,CLNC Worcester,Expert Witness Springfield,Medical Malpractice Springfield,Medical Malpractice Cases Springfield,Elder Law Springfield,Nursing Home Abuse Springfield,Legal Nurse Consultant Springfield,Legal Nurse Springfield,Geriatric Springfield,Elder Abuse Springfield,Medical Malpractice Patient Care Springfield,Medical Malpractice Expert Witness Springfield,CLNC Springfield,Expert Witness Lowell,Medical Malpractice Lowell,Medical Malpractice Cases Lowell,Elder Law Lowell,Nursing Home Abuse Lowell,Legal Nurse Consultant Lowell,Legal Nurse Lowell,Geriatric Lowell,Elder Abuse Lowell,Medical Malpractice Patient Care Lowell,Medical Malpractice Expert Witness Lowell,CLNC Lowell,Expert Witness Cambridge,Medical Malpractice Cambridge,Medical Malpractice Cases Cambridge,Elder Law Cambridge,Nursing Home Abuse Cambridge,Legal Nurse Consultant Cambridge,Legal Nurse Cambridge,Geriatric Cambridge,Elder Abuse Cambridge,Medical Malpractice Patient Care Cambridge,Medical Malpractice Expert Witness Cambridge and CLNC Cambridge
Просмотров: 1266 Ninja Marketing Group
Florida Supreme Court rules medical malpractice caps unconstitutional
 
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The Florida Supreme Court says limits on non-economic awards in medical malpractice wrongful death cases are unconstitutional.
Просмотров: 470 WESH 2 News
New York Medical Malpractice Judge Takes Over Questioning of Witness During My Cross-Examination
 
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Judge Takes Over My Questioning of Witness During Cross-Examination...What Can I Do About It? http://www.oginski-law.com/library/trial-strategy--cross-examination-of-a-medical-expert-using-hypothetical-questions-at-trial.cfm NY Medical Malpractice & Personal Injury Trial Lawyer 516-487-8207 Email: Gerry@Oginski-Law.com It happens from time to time. The judge stops the trial attorney, turns to the witness and begins asking a series of questions. What is the trial attorney to do if he feels that the judge is asking improper questions? What can a trial attorney do in the middle of this if he feels the judge is asking a line of questions that is not relevant or pertinent to the claims being made in this case? What can a trial lawyer do to regain control of cross examination of this particular witness? In a medical malpractice case in New York, there is very little I can do to prevent a trial judge from questioning a witness while I am doing my cross-examination. Even though I have every legal right to question the witness as I see appropriate, the judge still has the ability to control what happens in the courtroom. Most of the time, a judge will not interrupt unless he believes that a witness has raised more questions than answers, or he believes I'm not asking the right questions to satisfy his curiosity and likely the jury's curiosity as well. Watch the video to learn the answers... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/trial-strategy--cross-examination-of-a-medical-expert-using-hypothetical-questions-at-trial.cfm‬. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com
Просмотров: 7488 Gerry Oginski
Florida Lawyer Brian Denney explains the medical malpractice process
 
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Medical malpractice cases are more complex than virtually any other civil action. Florida attorney Brian R. Denney at Searcy Denney explains why. Under Florida law, there are many hoops to jump through in order to file a lawsuit if you believe that you or a loved one has been a victim of medical negligence. The first step is to have a sworn affidavit from a medical provider that has reviewed your records and determined that the medical care that caused an injury or death fell below the medical standard of care in a particular field. Once this is established, we can notify the potential defendant of our intention to bring a medical malpractice claim by sending them a certified letter. During the 90-day investigation phase, the parties can exchange information and questions. This gives them the opportunity to work things out without taking legal action. If the defendant refuses to admit that they have done something wrong, we are then able to file a lawsuit in court and have a judge and a jury decide. For more information on medical malpractice, contact us below: Searcy Denney Scarola Barnhart & Shipley 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Toll-free: (800) 780-8607 Phone: (561) 686-6300 En Espanol: (800) 220-7006 https://www.searcylaw.com/practice-areas/medical-malpractice/
Просмотров: 396 Searcy Law Video
Are physician expert witnesses easy to find and are they usually willing to testify against another
 
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Frank Ashton, Hardesty, Tyde, Green & Ashton, PA, http://www.jaxlegal.com/ - (904) 398-2212. Florida Medical Malpractice Law FAQs: http://thelaw.tv/jacksonville/Medical+Malpractice+Law Disclaimer: http://thelaw.tv/disclaimer/
Просмотров: 37 hardestylawtv
Hire an Experienced Medical Malpractice Attorney to Handle Your Case
 
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For medical malpractice cases, Maryland law caps the amount of damages you can get for noneconomic damages, otherwise known as pain and suffering damages. As of 2016, the cap is currently set at $770,000, which may not seem like much in terms of the catastrophic amount of suffering that some victims of medical malpractice go through. Fortunately, the cap does not apply to economic damages. There is no limit to the amount you can recover for past and future medical expenses, past lost income and future lost earning capacity. Maximizing the value of a case often rests on proving future economic losses, which can be astronomical. In other words the best Maryland medical malpractice attorneys retain experts to breakdown the yearly lost wage numbers for the duration of the injured persons work expectancy. Further, the top rated medical malpractice lawyers all retain experts who can breakdown lifetime, yearly, future, medical, and provider services. In this fashion multimillion dollar recoveries can be obtained despite the cap. If you or a loved one have been injured by a medical mistake, find an attorney who knows who to get around the Maryland cap. Mr. Portner is a member of the multimillion dollar advocacy group. We’re Portner & Shure, the 10.0 lawyers. Look us up, then you’ll hire us. Portner & Shure, P.A. https://www.portnerandshure.com/ (410) 995-1515 Join our community: https://www.facebook.com/portnerandshureaccidentlawyers/ https://plus.google.com/u/0/110504409261516442529 https://twitter.com/portnerandshure https://www.linkedin.com/company/1058724
Просмотров: 21 Portner & Shure, P.A. Baltimore City
Why Doctors Get Sued: Malpractice Claims Trends (Episode 1)
 
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Defense attorneys share the biggest trends in medical malpractice claims: 1. The physician-patient relationship is at risk: Because physicians have less time to spend with patients, the relationship is more fragile, and patients may be more likely to sue after an adverse outcome. 2. The loss of independent practitioners to hospitals means more claims are being brought against hospitals and institutions. To protect their reputation, hospitals may wish to settle instead of going to trial. 3. Physicians are being deposed as fact witnesses in claims against hospitals. The attorneys featured in this video participated in The Doctors Company's Annual Legal Summit, where top legal experts gather to discuss claims trends, analyze plaintiff strategies, and develop best practices to defend and protect doctors. SUBSCRIBE FOR OTHER VIDEO TIPS AND NEWS http://www.youtube.com/doctorscompany VISIT OUR WEBSITE http://www.thedoctors.com LET'S CONNECT Twitter: http://www.twitter.com/doctorscompany LinkedIn: http://www.linkedin.com/company/the-doctors-company Facebook: http://www.facebook.com/thedoctorscompany
Просмотров: 2501 The Doctors Company
Limits to Medical Malpractice Settlements in SC
 
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South Carolina law limits how much patients and their families can obtain in a settlement for injury or death caused by poor medical care. A South Carolina malpractice attorney explains how these caps work, and why your case may well be worth pursuing despite them. \n\n Transcript \n\n We're talking about medical malpractice settlement limits in South Carolina. If you've been harmed by a medical mistake the law limits or caps your compensation. For the specific dollar amounts check out our website it just makes it easier to pinpoint your situation or you can call or email us right where you are. Generally the law limits your compensation in two situations. First, for non-economic damages also called pain and suffering. These amounts can change every year because they're adjusted according to the Consumer Price Index and they do not apply to private providers who are guilty of recklessness or dishonesty related to the harm, like altering medical records. Second, the law limits all compensation you can get from a government affiliated provider. Usually a county hospital or an office they own these are hard caps, meaning they include economic losses like lost wages and medical bills. These caps never change. \n\n So the question becomes what do you do about it? Well if you've been permanently hurt or lost a loved one as a result of a medical mistake bringing your case may be the only way the harm gets recognized so it won't be repeated. You’ll need a sharp experienced attorney to find every potential provider who contributed to your harm to maximize your chance at the most compensation allowed by law. We have a very select malpractice case load. If you want to find out about your options and your rights feel free to call or email us or live chat us right where you are to see if you qualify to be one of our malpractice clients. I thank you for thinking about this with me and I hope I see you soon. \n
Просмотров: 94 Holland & Usry, P.A.
MICRA Expert - Tom Baker, Part 2 of 2
 
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Approximately 98,000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250,000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900,000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.
Просмотров: 544 ConsumerWatchdog
MICRA, California Proposition 46, Increase in Cap on Medical Malpractice Lawsuits Initiative
 
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http://www.injurylawyerencino.com/ | 818 284 4779 Attorney Elia Castranova explains California Proposition 46, the Increase in Cap on Medical Malpractice Lawsuits Initiative, is on the November 4, 2014 ballot in California as an initiated state statute. Supporters of the initiative reported submitting an estimated 830,000 signatures on March 24, 2014, versus the requirement of 504,760 valid signatures.[1] The initiative was certified on May 15, 2014 by the California Secretary of State.[2] If approved by voters, the initiative will:[3] Increase the state's cap on damages that can be assessed in medical negligence lawsuits to over $1 million from the current cap of $250,000. Require drug and alcohol testing of doctors and reporting of positive tests to the California Medical Board. Require the California Medical Board to suspend doctors pending investigation of positive tests and take disciplinary action if the doctor was found impaired while on duty. Require health care practitioners to report any doctor suspected of drug or alcohol impairment or medical negligence. Require health care practitioners to consult state prescription drug history database before prescribing certain controlled substances. Supporters of the initiative refer to it as the Troy and Alana Pack Patient Safety Act of 2014, after two children who were killed by a driver under the influence of abused prescription drugs.[4] The measure, if approved, would create the first law in the United States to require the random drug testing of physicians.[5] Two versions of the initiative were submitted (#13-0011 and #13-0016). Version #13-0011 failed to qualify for the ballot. Version #13-0016 qualified for the ballot. http://www.injurylawyerencino.com/ http://3dseo.net http://all-the-marbles.com
Просмотров: 2008 Elia J. Castranova Personal Injury Lawyer
MICRA Expert - Gerald Agnew
 
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Approximately 98,000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250,000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900,000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.
Просмотров: 584 ConsumerWatchdog
California's MICRA law: Increasing Damage Caps in Medical Malpractice Cases
 
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An informal video discussing California's draconian MICRA law, which hasn't been changed in 38 years, and which limits damage caps in medical malpractice cases to $250,000.
Просмотров: 656 Bradley Kramer
Are there limits on damages in Florida medical malpractice cases?
 
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Are there limits on damages in Florida medical malpractice cases? | Law Office of Jay Calvert Cooper, P.A. | Florida Board Certified Civil Trial Specialist. Over 29 years of jury trial experience. | http://www.jaycooperlaw.com/ | Toll Free: (855) 346-5897 | 2036 McGregor Blvd., Ft. Myers, Florida 33901 Florida medical malpractice cases have limits on damages that were imposed by the legislature in 2003. Fortunately for the people who have to bring a medical malpractice case in the state at present, the damages caps have been held unconstitutional by the Florida Supreme Court, and now, by some of the lesser appellate courts. At the present time, depending upon the date of the accident or incident, you probably don't have to worry about damages caps in a medical malpractice scenario.
Просмотров: 5 Law Office of Jay Calvert Cooper PA
Medical Malpractice Statute of Limitations California
 
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Medical Malpractice Statute of Limitations California - What is the Statute of Limitations for a Medical Malpractice or Negligence Case? Ask Dr. Fagel, a lawyer who is also a licensed physician. http://www.fagellaw.com/FAQ/What_is_the_Statute_of_Limitations_/ Dr. Bruce Fagel has tried and settled more medical malpractice cases than any other attorney in California. When The National Law Journal selected ""The 10 Top Trial Attorneys in the Nation,""Dr. Fagel was the only medical malpractice attorney listed. Dr. Fagel was nominated eight times by the Consumer Attorneys Association for their prestigious Trial Lawyer of the Year award. He is dedicated to fighting for his clients and getting them the results they deserve. Thousands of patients throughout the U.S. lose their lives each year due to medical malpractice involving surgery and post-operation or pre-operation care. Surgical malpractice is dangerous, as negligence or a mistake in the operating room can cause serious injury or even death. Any individual, whom has been injured by the negligence of a medical professional, can file a medical malpractice claim to seek monetary damages. This includes injuries resulting from the actions taken by a medical professional or from injuries that resulted because the medical professional did not act promptly, or failed to take any action at all. However, the law requires that the injured party must file a lawsuit within a specific time period. This is called the statute of limitations. Failure to file a lawsuit, or take the required legal action, such as filing a malpractice or negligence claim, where required, with an administrative government agency, could eliminate the injured parties' legal right to recover damages. Prior to suing a doctor or other medical professional, the injured party must provide a notice of intent to sue, pursuant to California Code of Civil Procedure Section 364. Due to the complex nature of medical malpractice lawsuits, if you believe you or a family member have been the victim of medical malpractice, you should contact The Law Offices of Dr. Bruce Fagel & Associates immediately for a free case evaluation. In California, the statute of limitations concerning medical malpractice or negligence cases are very complex. In general, the injured party must start legal action within one year from the date the patient discovers or reasonably should have discovered the injury. Under certain circumstances, this deadline for filing may be extended; however, no later than three years after the malpractice or negligence occurred. If the medical malpractice claim is based upon the presence of a foreign object found inside the patient's body, the statute of limitations does not begin until the patient discovers, or should have discovered, the foreign object. The statute of limitations for medical malpractice applies to minors six years of age and older. For medical malpractice lawsuits involving minors below the age of six, the malpractice action must be filed within three years of the date the injury occurred or before the minor's eighth birthday, whichever period is greater. The three-year time period may be extended if there is fraud or intentional concealment by the defendant. In many cases, California law provides an additional extension as well. If a written notice is served to a medical professional within 90 days before the applicable statute of limitations period expires, the statute of limitations deadline will be extended by 90 days. With so much uncertainty concerning the amount of time available for the statute of limitations in medical malpractice cases, you should take the necessary steps to file a lawsuit as soon as possible. Wrongful Death The general statute of limitations for a wrongful death in California is two years from the date of the death. However, in the case of a medical malpractice claim, the statute of limitations could be as short as one year. In a wrongful death case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180-day limitation period. Additionally, in some cases, the statute of limitations may be extended if the individual is a minor or has a mental disability. Because the statute of limitations will apply differently with each case, we encourage you to contact us immediately for a free case evaluation. Dr. Bruce Fagel is both a highly skilled and experienced medical malpractice and negligence attorney, and a licensed physician. Dr. Fagel has been nominated eight times by the Consumer Attorney Association for the prestigious Trial Lawyer of the Year award. His extensive background and knowledge have made him one of the most successful medical malpractice lawyers in the United States. Due to the frequent success over his many years of practice, approximately 95% of the medical malpractice cases filed by his office settle prior to the trial date. He has resolved
Просмотров: 818 Carolyn Blalock
MICRA Expert - Howard L. Berman
 
03:18
Approximately 98,000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250,000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900,000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.
Просмотров: 405 ConsumerWatchdog
Medical Malpractice in Florida: Supreme Court Rules in Birth Trauma Case
 
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Read more here: http://www.floridainjurylawyer-blog.com/2017/02/medical-malpractice-in-florida-supreme-court-rules-in-birth-trauma-case.html Florida’s State-run agencies, like public hospitals or the DOT, have long hidden behind the shield of the sovereign immunity statute, which limits the amount of recovery an injured person or grieving family can obtain in a civil personal injury or wrongful death lawsuit. The statute has also limited the fees that lawyers could charge to sue these agencies--making such cases economically impossible for many of the best trial lawyers to accept. The one exception is to get a claims bill passed, which is essentially a special law that permits payment for more than the statutory damage cap. Claims bills have been traditionally expensive and very difficult to get passed in all but the most catastrophic cases. For more information call: 866-597-4529 or 305-441-0440 Visit: http://www.aronfeld.com/ Facebook: http://www.facebook.com/AronfeldLaw Twitter: http://twitter.com/aronfeld Linkedin: http://www.linkedin.com/in/aronfeld
Просмотров: 135 Aronfeld Trial Lawyers
Illinois Top Court Strikes Down Medical Malpractice Caps
 
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ABC7 News (Chicago) -- The Illinois Supreme Court struck down the state's medical malpractice law today, saying it violates separation of powers by allowing lawmakers to interfere with a judge's ability to reduce verdicts. The much-anticipated ruling, which challenged the constitutionality of damage caps for doctors and hospitals, is being watched closely by the healthcare industry and employers that see caps on damages as a way to tame rising healthcare costs.
Просмотров: 293 newmediajournal
MICRA Expert - Jay Angoff
 
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Approximately 98,000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250,000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900,000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.
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Do Higher Medical Malpractice Insurance Limits Increase the Cost of an Indefensible Claim?
 
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Welcome to Healthcare Matters, an internet television program that explores the intersection of medicine and the law with an emphasis on medical malpractice insurance and risk management. Host Michael Matray, editor of Medical Liability Monitor, interviews guests from the healthcare and legal communities on issues such as tort reform, significant malpractice judgments and emerging legal trends in medical professional liability. In this episode, Healthcare Matters interviews ALL MD attorney John Degnan on whether or not higher medical malpractice insurance policy limits increase the dollar value of settlements in cases of an indefensible claim. Degnan is a shareholder at BRIGGS & MORGAN. He practices law in Minnesota, representing clients in business disputes, as well as members of the legal and medical communities in professional matters. Degnan is a charter member of the Association of Liability Lawyers in Medical Defense (ALL MD), a nationwide organization that connects healthcare providers with attorneys who specialize in medical malpractice defense.
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Dental Malpractice Attorney Bakersfield
 
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Dental Malpractice Attorney Bakersfield - Do I Have A Dental Negligence Case? Ask Dr. Fagel, a Lawyer who is also a Licensed Physician. Call our Office Anytime at 800-541-9376 for a Free Consultation. http://www.fagellaw.com/Information_Center/Dental_Malpractice/ Dr. Bruce Fagel has tried and settled more medical malpractice cases than any other attorney in California. When The National Law Journal selected ""The 10 Top Trial Attorneys in the Nation,""Dr. Fagel was the only medical malpractice attorney listed. Dr. Fagel was nominated eight times by the Consumer Attorneys Association for their prestigious Trial Lawyer of the Year award. He is dedicated to fighting for his clients and getting them the results they deserve. Information about dental malpractice and dental malpractice or negligence claims will be coming soon. Please visit the our website to learn more about other medical malpractice and injury cases we handle. If you have any questions or would like a free case evaluation, please contact our office today. Dr. Bruce Fagel is both a highly skilled and experienced medical malpractice and negligence attorney, and a licensed physician. Dr. Fagel has been nominated eight times by the Consumer Attorney Association for the prestigious Trial Lawyer of the Year award. His extensive background and knowledge have made him one of the most successful medical malpractice lawyers in the United States. Due to the frequent success over his many years of practice, approximately 95% of the medical malpractice cases filed by his office settle prior to the trial date. He has resolved more than 700 medical malpractice and negligence cases and recovered more than $1 billion in verdicts and settlements. Unlike other types of personal injury cases, the facts necessary to prove your case are based on the medical records and testimony of medical experts. Your attorney must understand the facts of medicine and the law to effectively prepare expert medical witnesses whose testimony is necessary for any successful medical malpractice or negligence case. Dr. Fagel has experience dealing with insurance companies and understands how to counter their strategies, which are attempted to force patients into an unfavorable financial settlement. All of his cases are taken on a contingency fee basis, which means that if you do not win your case, you will not have to pay any fees. For a free case evaluation, call our office anytime at 800-541-9376. The information is for general information purposes only and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Dr. Bruce G Fagel and associates main offices are in Beverly Hills and Orange County California. All other addresses are local offices available for meetings and depositions.
Просмотров: 204 Ezekiel Evans
Why Would I Hire 3 Cardiology Experts in the Same Case? NY Medical Malpractice Attorney Explains
 
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Why Would I Hire 3 Cardiology Experts in the Same Case? New York Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/blog/the-check-came-in-a-cardiac-nightmare-in-new-york.cfm NY Medical Malpractice & Personal Injury Trial Lawyer 516-487-8207 Email: Gerry@Oginski-Law.com I was evaluating a cardiac malpractice case here in New York and my first cardiology expert who reviewed the case told me I had a solid case. That allowed me to go ahead and start my injured client's lawsuit. Yet, there was something in the back of my mind that suggested that maybe my expert missed something. I had to be sure that we had a good viable medical malpractice case. That prompted me to send all the records to another cardiology expert. My second medical expert confirmed everything my first expert had to say. That was comforting and the case continued. However, as I was taking depositions of various witnesses in the case, I still had a doubt in the back of my mind that my first two experts missed something. That prompted me to send all the records to another cardiology expert. Watch the video to learn what expert #3 had to say...BTW, I was able to settle this case successfully shortly before trial for six million dollars. Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/blog/the-check-came-in-a-cardiac-nightmare-in-new-york.cfm‬. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com
Просмотров: 134 Gerry Oginski
Nebraska Medical Malpractice Attorney
 
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http://www.dominalaw.com/ - 888-387-4134 or (402) 858-9212. A large portion of Domina Law Group's cases are medical malpractice-related. Medical malpractice describes cases in which patients are injured or killed due to physician or healthcare provider negligence. This could include surgeries gone wrong, missed diagnoses, failure to diagnose and many others. The Nebraska medical malpractice lawyers at Domina Law Group are no stranger to these kinds of cases. These cases are incredibly tragic, because they begin with a patient putting their trust and their wellness into the hands of a doctor who ultimately fails them. The key to medical malpractice cases is having an expert on your side. It is essential to have testimony from a medical expert to build a strong case to present before the insurance company and doctors, and ultimately, get the message across to the jury. Domina Law Group pc llo - 2425 South 144th Street, Omaha, NE 68144.
Просмотров: 87 David Domina
Update on Medical Malpractice Non Economic Damages
 
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Levin Papantonio Medical Malpractice Lawyer discusses Update on Medical Malpractice Non Economic Damages -- (800) 277-1193
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When To Rethink Filing A Maryland Medical Malpractice Claim?
 
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When to rethink a Maryland medical malpractice claim. I know it may sound strange to write a Maryland medical malpractice educational article on this subject, especially when many people who are thinking about filing a medical malpractice claim have suffered some type of injury, presumably at the hands of a doctor, or a nurse/other medical professional, or hospital. The truth of the matter is that it may not be in a person’s best interest to file a medical malpractice claim when certain conditions exist. It is my hope that after reading this article, or watching the corresponding video, you will have a better grasp of the Maryland medical malpractice process. With all of this said, it is ultimately up to the client to decide whether to file a case or to refrain. WILL YOU BE UPSIDE DOWN IF YOU FILE THE CASE? One of the key reasons on when to rethink filing a Maryland medical malpractice claim surround the area of damages. Damages are an important element which you have to be able to prove when you are bringing these cases. The easiest way to view damages in Maryland medical malpractice cases is to look at the harm done to you. Under this analysis (the harm done to you), you will have not only the injury itself, but you will also have the pain and suffering (non-economic damages which there is a cap), not to mention medical bills, time missed from work (economic damages), etc… So it will naturally follow that if it costs more to bring the case than what you have in damages you will be upside down. WHEN TO RETHINK FILING A MARYLAND MEDICAL MALPRACTICE CLAIM The last sentence in the above paragraph hits the nail on the head regarding when a person may want to seriously think about their options before officially filing the claim. Maryland law places certain requirements on plaintiffs in medical malpractice cases. One of these requirements is the use of medical experts. Your Maryland medical malpractice lawyer will use experts to get an opinion as to the case. These experts will look at things such as the standard of care and explain whether a departure from the standard of care is what caused the injury without this opinion the case will not be successful. A MARYLAND MEDICAL MALPRACTICE ATTORNEY IS HERE TO HELP If you have more questions surrounding your medical injury this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer questions like the ones posed in this article all the time and I would be happy to take some time and listen to your story. Boston Law Group, LLC 2 Wisconsin Circle Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com
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Attorney Virginia Buchanan Discusses Florida Medical Malpractice Law
 
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Levin Papantonio attorney Virginia Buchanan provides a detailed discussion on medical malpractice in Florida -- (800) 277-1193 or visit https://www.levinlaw.com/pensacola-medical-malpractice-lawyers
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Fort Lauderdale Medical Malpractice Lawyer Discusses the Caps on Damages In Malpractice Cases
 
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Fort Lauderdale medical malpractice lawyer Lisa S. Levine discusses the caps on damages in a medical malpractice case in Florida. For more information about medical injuries in Fort Lauderdale, Florida, visit http://www.floridainjuryclaim.com/medical-malpractice. Lisa S. Levine, P.A. http://www.floridainjuryclaim.com 954-256-1820 local 855-551-8060 toll-free Main Office 1655 N Commerce Pkwy Ste 101 Weston, Florida 33326 Satellite Office 101 NE 3rd Ave Ste 1500 Fort Lauderdale, FL 33301
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Massachusetts Medical Malpractice Cases - Attorney William D. Kickham
 
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For More Information: http://www.attorneywdkickham.com/medical-malpractice.html Attorney William D. Kickham || Office Phone: 781.320.0062 || Mobile Phone: 617.285.3600
Просмотров: 79 TheBostonAttorney
Hospital's Liability in Medical Negligence Cases in India - Call us at +91-9811782573
 
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In the legal parlance, negligence has a different meaning than from its general sense. In the general sense negligence simply means carelessness but in the legal world negligence is more than mere carelessness it is the failure of the person to do or perform certain actions which he was expected to do in course of his duty. Further, an act to be negligent in the legal arena the failure of reasonable duty should be such that it results in an injury for the third party. Read http://bit.ly/2NatoFl to know more! negligence, malpractice, medical negligence, medical malpractice, responsibilities of a doctor, medical negligence act, medical negligence lawyers, medical negligence definition, negligence law, medical negligence pdf, what is sue, doctor negligence, what is medical negligence, corporate negligence, doctrine of vicarious liability, malpractice and negligence, malpractice examples, vicarious liability example, vicarious liability pdf, cap meaning medical, its medical, vicarious responsibility in hospital, medical malpractice insurance, doctrine of respondeat superior, hospital negligence, hospital negligence cases, medical negligence claim, malpractice vs negligence, medical malpractice lawyers ny, under the doctor, respondeat, medical law cases for doctors, hospital injuries, can hospital, who can sue, law applicable to hospital employees, hospital malpractice, suing a hospital, hospital lawyer, suing a hospital for negligence, hospital negligence lawyers, hospital malpractice lawyers, lawsuit against hospital negligence, hospital malpractice attorneys, hospital negligence attorneys, lawyer to sue hospital, suing a hospital for pain and suffering, hospital negligence claims, can you sue a hospital, hospital neglect cases, medical malpractice negligence, hospital negligence lawsuit, can you sue a hospital for negligence, medical liability insurance, hospital malpractice cases, patient negligence, hospital liability, best medical malpractice lawyers, suing a hospital for medical negligence, suing a hospital for malpractice, how to sue a hospital, i want to sue a hospital, hospital neglect, hospital liability for physician negligence, hospital attorney, hospital injury lawyers, can you sue a hospital for not treating you, lawsuits against hospitals, how to sue a doctor for pain and suffering, best lawyers for hospital negligence, hospital negligence lawsuit case, medical malpractice attorney utah, hospital lawsuit, medical malpractice attorney denver, medical malpractice canada, hospital professional liability insurance, patient falls in hospital lawsuit, hospital liability insurance, can i sue a hospital for negligence, hospital lawsuit cases, suing for negligence, malpractice lawsuit against lawyer, can you sue a doctor for negligence, fall in hospital lawsuit, claim against hospital, hospital malpractice insurance, pamperin medication, hospital negligence claims payouts, medical malpractice insurance california, patient neglect lawsuit, suing for malpractice, medical misconduct, medical malpractice lawyers denver, medical malpractice cases canada, how to sue a hospital for poor care, how to sue a hospital without a lawyer, how to sue a hospital for wrongful death, physician malpractice, legal action against hospital, medical malpractice insurance coverage, negligence in healthcare, patient profiling lawsuit, medical negligence insurance, medical malpractice liability insurance, medical malpractice nurse, hospital negligence stories, medical malpractice lawyer ottawa, medical malpractice attorney il, medical sue, staff negligence, medical malpractice attorney colorado, medical malpractice lawyers utah, medical malpractice insurance canada, cna medical malpractice insurance, ostensible agency, medical malpractice lawyer ontario, medical negligence how much will i get, medical malpractice insurance definition, how much can you get for medical negligence, texas medical malpractice law, suing doctor for negligence, criminal negligence definition, medical malpractice insurance ny, how to sue a hospital for negligence, how to file a complaint against hospital staff, medical malpractice lawyers in colorado, can i sue a hospital, patient neglect in hospitals, how to file a lawsuit against a hospital, medical negligence canada, apparent authority definition, best medical malpractice attorney, compensation for hospital negligence, patient malpractice, medical malpractice insurance nj, negligence attorney, malpractice negligence, medical malpractice insurance for doctors, lawyers that sue doctors
Просмотров: 44 MyAdvo
Florida Medical Malpractice Damage Caps For Emergency Room Doctors
 
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http://gsdimartino.com This video explains the damage caps in Florida medical malpractice cases for emergency room doctors. If you have any questions about a medical malpractice issue, give me a call. I handle medical malpractice, nursing home abuse and neglect and personal injury cases throughout Stuart, Port St. Lucie, Palm City, Hobe Sound, Port Salerno, St. Lucie West, Fort Pierce, Vero Beach, Sebastian, Clermont, Leesburg, Tavares, Mount Dora, Howey-in-the-Hills, Yalaha, The Villages, Ocala, Belleview, Mineola, Four Corners, Winter Garden, Montverde, Bushnell, Lady Lake, Fruitland Park, Florida. If you would like to read more about this subject -- click the link: Guy S. DiMartino, DC, JD Florida Board Certified Civil Trial Lawyer PO Box 186 Yalaha, FL 34797 (352) 267-9168 guy@gsdimartino.com
Medical Malpractice Victims vs MICRA.
 
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Entire TV Show http://www.insiderexclusive.com/firm_kiesel.htm Lawyer Paul Kiesel discusses medical malpractice and his battle against MICRA. Paul Kiesel received his Juris Doctorate from the Whittier College School of Law in Los Angeles in 1985. In 2005 he was awarded an Honorary Doctor of Law from Whittier Law School. His practice is devoted to representing consumers in personal injury, class action, environmental and toxic tort litigation. Mr. Kiesel serves as Chair-Elect of the Los Angeles County Bar Association Litigation Section. He was appointed by Chief Justice Ronald George to the State of California Judicial Council Civil and Small Claims Advisory Committee. He has served on the Board of Governors for the Consumer Attorneys of California and the Consumer Attorneys Association of Los Angeles. After serving on each board for over than 10 years, was elected an emeritus (life time) board member of each organization. From 2001-2005, Mr. Kiesel sat on the Board of Governors of the Association of Business Trial Lawyers (ABTL). Mr. Kiesel is A.V. (highest rating) rated by Martindale-Hubbell and has been recognized as one of the top 50 Trial Lawyers by the Los Angeles Business Journal and one of the 100 most influential attorneys in the State of California by the California Business Journal. He is a frequent presenter for continuing legal education programs. Mr. Kiesel has been an early adoptor of technology in the practice of law and has spoken and written frequently on technology related subjects. (to view some of Mr. Kiesel's reviews, visit the KBL Technology Page) Mr. Kiesel has served as national lead counsel in mutli-district litigation and has been lead counsel in numerous state actions involving environmental, construction defect, product defect, and pharmaceutical class actions. Mr. Kiesel has co-authored two legal treatises for Lexis Nexis, "California Pretrial Civil Procedure" and "California Civil Discovery." Presently, Mr. Kiesel represents many individuals and their families involving significant personal injury and wrongful death claims. Among his many clients, Mr. Kiesel represented Former Governor Gray Davis in a challenge to the qualification of the State's Recall Election of 2003. Mr. Kiesel currently represents numerous municipalities, including the City of Los Angeles, in a class action on behalf of all cities in the State of California for payment of occupancy taxes owed by the on-line travel industry. http://www.kbla.com Contact Consumer Attorneys of California 770 L St, Ste 1200 Sacramento, CA 95814 Phone: 916-442-6902 Fax: 916-442-7734 CEO: ExDir@caoc.org Education: educ@caoc.org Do you like this episode? Go to http://insiderexclusive.com to watch the full 30min series. Thank You!
Просмотров: 57645 insiderexclusive
Medical Malpractice Damages Types
 
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Medical Malpractice Attorney Scott Parsons of O'Connor, Parsons, Lane & Noble explains that damages are difficulty and pain experienced by a person as a result of medical negligence.
Просмотров: 193 O'Connor, Parsons, Lane & Noble, L.L.C.
Don't Call Us (with Medical Malpractice Cases)
 
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A happy sounding song about the disastrous consequences of "Tort Reform" in Texas. Every case is frivolous until you're the Plaintiff. The audio was a single, live take...go easy. :-)
Просмотров: 9749 Hutson & Harris, Attorneys & Counselors
What is Medical Malpractice?
 
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Medical Malpratice: A claim brought aganist a doctor, physician, or a medical provider as a result of their negligence. http://www.davidrickslaw.com/ David Ricks of the Inland Empire Law Group handles personal injury in Rancho Cucamonga and throughout the Inland Empire in Southern California. We provide legal services in the following personal injury practice areas: *Car, Truck, Motorcycle, Pedestrian, and Cyclist Accident Cases *Slip and Fall Accidents and Premises Liability Cases *Dog Bite and Animal Attack Cases *Medical Malpractice and Surgical Error Cases *Wrongful Death Cases 8600 Utica Ave., Suite 200 Rancho Cucamonga, CA 91730 TELEPHONE: (909) 481-0100 At the Inland Empire Law Group, one of our areas of practice is Medical Malpractice. Medical Malpractice is a claim that is brought against the doctor or the physician or a medical provider as a result of there negligence. These are often very difficult cases and require quite a bit of money to prosecute against the doctor or the hospital or the nurse. You need to make sure that you have a really good case before you decide to bring it. Let me give you example of a case that we had to bring all the way to trial. I had a lady who had been going to her doctor for years. She had actually never been seen by the doctor himself, but was always seen by the Physicians Assistant. She had the same constant complaints over and over again of stomach pain. The doctor gave her various amounts of medication, but never really tried to find out why the stomach pain was occurring. After a few years, some others things began to occur and she went in to have additional treatment, or additional exams, and she found out that she had stomach cancer. By the time that she had found out about it, it was too late. The cancer had already penetrated her stomach and had spread through her body. We brought that lawsuit for a failure to diagnosis claim. Before we had even gotten to trial she had passed away from the cancer, so we had to bring the case to the court. It was a very difficult case and a very sad, and it was fought all the way to the end. Even though one would think "Gees, that is a very difficult case to do." The doctor didn't want to settle the case. You have to find a lawyer that is very ready, willing and prepared, and finically capable of bringing your case all the way trial. The doctors have a lot of control to whether a case settles, and you can't just expect your case to settle because you brought it, you have to be prepared to fight all the way. Medical Malpractice cases involve three things, proving the doctor is negligent that he or she fell below the standard of care, proving that negligence caused injury to you, and proving the amount of injury. Such as in our death case, that the death was caused from the failure to diagnosis. We had to prove all those three things and the jury had to come back and give us an award in the favor of our client. If you have a medical malpractice case, think of those three things, negligence, causation, and damages, and if you believe that you have case, give a medical malpractice attorney a call and have him or her review it before you decide to move forward
Просмотров: 503 Inland Empire Law Group
KTVU VA Malpractice
 
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Medical mistakes, long after veterans' service of our country, are leading to large settlements with VA Hospitals. As part of a nationwide COX Media Group investigation, KTVU's 2 Investigates poured through the millions of dollars in medical malpractice settlements involving our veterans. In 2009 Army Specialist John Lee Mackey of Richmond checking into a Martinez VA Hospital for dehydration. He never left. "He came into the hospital for a very treatable condition and unfortunately never left," Mackey family attorney Niley Dorit told 2 Investigates. After Mackey checked in, Dorit says doctors put what's called a peripherally inserted catheter, or a pick line, into his arm. They mistakenly inserted the catheter all the way into his heart, killing him. Dorit sued the VA and settled for $145,000. The settlement likely would have been millions, but California and 20 other states have a $250,000 cap on medical malpractice damages, such as pain and suffering. That cap is not in place in Pennsylvania. That's where Gunnery Sergeant Chris Ellison, a proud marine of 20 years, is being forced to relearn how to talk and walk. His injuries also are not from combat. "Mr. Ellison went into VA-Philly for routine extractions of teeth," Ellison's attorney, Shanin Spector said. Spector says his client went to the VA hospital in Philadelphia to have eight teeth pulled. Doctors noticed his blood pressure was low, but still went ahead with the procedure. "That was a very bad mistake. Within a few hours, he had sustained a severe stroke and was rendered terribly brain injured," Spector said. Ellison won a $17.5 million lawsuit against the Department of Veterans Affairs. It's the largest malpractice lawsuit against the VA in over a decade. According to Government databases, last year alone, VA malpractice claims were up almost 30 percent from 72 million in 2011. Since 2003 the VA has settled or lost more than 4,400 malpractice cases. The payout and cost to taxpayers is over $844 million. Republican California Congressman Jeff Denham says a lot of what is going on has been for way too long. "And it's not just about the dollars, it's about the lives," Denham said. The VA pays out in about 25 percent of all claims. That's slightly higher than the 20 percent payout in private sector health systems. However, those payments are increasing. The 454 payments issued in 2012 is the second most in the last 10 years. Congressman Jeff Miller, who heads the House Committee on Veterans Affairs, believes that won't change unless the money for the malpractice settlements comes from the VA's budget. Currently, when the VA is sued and loses, the payout comes from a US Treasury fund. "I wish that we could shame the VA into doing the right thing, but I believe that they believe they're above being shamed," Miller said. The VA declined our requests for interviews, but, in a written statement, said its highest priority is "the care and wellness of the brave men and women who have served our nation," and that it takes the issue of malpractice claims "very seriously".
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Why a Medical Malpractice Defendant Should be Honest with Defense Counsel
 
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For additional information visit: http://www.malpracticetestifyingtraining.com/
Просмотров: 222 seakincorporated