July 9th, 2014Uncategorized
The last thing you think of when visiting a medical practitioner is that things could go very wrong. When thinking about doctors, most people, although a bit anxious, trust that the doctor will help them, cure them and make them better. It’s quite traumatizing when you realize that something went wrong and that your life has suddenly turned upside down. You have become a victim of medical malpractice.
Be it professional misconduct or just lack of skills, medical malpractice happens. Medical malpractice can be a result of a wrong diagnosis, surgical error, delays in providing treatment, birth trauma or lack of informed consent from a patient.
Around 200,000 people die each year in the US alone because of medical malpractice. More than 1.5 million people suffer injury, sometimes even die, because they were administered wrong medication. Even though not all of them decide to hire a lawyer, the number of those who do is growing steadily.
Lawyers who specialize in medical malpractice cases will litigate the lawsuit based on such errors and do everything they know to prove negligent conduct. Often the lawyer decides a lawsuit against those who were negligent is a good course of action (most commonly, negligent parties include doctors, insurance companies, physicians, hospitals, clinics and more).
A solid medical malpractice case should always be built on a negligence claim; that’s the foundation for liability. There are also several key points the lawyer has to prove: a lawyer dealing with medical malpractice has to determine the duty of the doctor towards the patient who has become the victim of medical malpractice. Another thing that has to be established is the actual breach of the medical standard. Once the breach is established, it’s also important to prove that the breach was the cause of the injury, and finally, there has to be proof that the sustained injury is the direct result of the breach.
A lawyer who handles medical malpractice cases always works with medical experts and legal nurse consultants. He needs expert reports and testimonies that will support the case he is working on, and he also needs to review medical records so he can build a solid case. He will also take depositions from his client, the defendant and medical personnel and experts. In every medical malpractice case, the client has to undergo an independent medical examination because an objective evaluation of his injuries is needed for the case. Medical research is also a part of being a medical malpractice lawyer, as the lawyer needs to know all the details of his client’s condition and the injuries he has suffered.
Even though this is already a highly specialized field, many medical malpractice lawyers choose to specialize further: they choose to handle only one type of medical malpractice cases (dental malpractice, for instance).
Medical malpractice lawyers are highly paid, but the work of a medical malpractice lawyer can be quite stressful, as some of the cases will end up being high profile and they will draw a lot of attention from the public. It also requires long office hours and working outside of the office at times, so it’s not a job every law graduate will be able to do.
July 9th, 2014Uncategorized
There are a lot of people who struggle with paying their bills and have creditors at their throats all the time. Bankruptcy seems like the most drastic step you can take in such a situation, and there are many people who live in fear that they will be shunned upon if they file a bankruptcy claim. However, in some cases, bankruptcy is inevitable.
In times where many individuals are in an economical struggle, a bankruptcy lawyer will have more clients. An economy that is going down usually comes with higher unemployment rates, as well as more people who file for bankruptcy. A lawyer who specialized in dealing with bankruptcy will assist his clients and try to eliminate or at least reduce their debts and proceed with their bankruptcy claim.
Both individuals and corporations are able to hire a bankruptcy lawyer. Bankruptcy lawyers work within a courtroom, as well as outside of it. When working outside of a courtroom, they will advise their clients and inform them about bankruptcy related laws, as well as how these laws affect them. They will give their clients advice about what their next move should be – for instance, they might advise their clients to liquidate assets and pay their creditors, if that’s the appropriate move.
When talking about bankruptcy, there are two sides of the same coin – some bankruptcy lawyers prefer to work for creditors – their job is to extract as much money as possible from debtors, as creditors are also often in trouble to get back the money from debtors.
The aim of every bankruptcy lawyer is helping his client get as far away from bankruptcy as possible, but if there is nothing else left to do, they might also file bankruptcy documents for the clients. An excellent bankruptcy lawyer will have strong communication skills, as well as litigation and transaction skills. Being able to negotiate successfully and analyze the situation at hand to get the best possible outcome are also mandatory traits, as only lawyers who possess such skills will be successful at making the best out of every situation and negotiating a debt reorganization plan. Handling such a delicate thing as bankruptcy requires seriousness – there’s always a lot at stake.
If a person or company is facing bankruptcy, it’s not a bad idea to look into the bankruptcy laws and regulations of the state to get a broad picture of how the situation may be solved, and then look for a good bankruptcy lawyer because that is the only way to get the most out of it. Even though some people think that it is possible to take care of the bankruptcy on their own and without having to spend additional money on an attorney, they won’t be able to make a good deal without one. A bankruptcy claim without a lawyer might actually work in some cases (if the individual has experience in law and knows how the procedures work), but in any other case, the attorney is a necessity. Laws are written for all of the citizens, but we cannot say that all of them understand them and know how to use them according to their individual case.