Monday, September 23, 2013

New Estimate: Over 400,000 May Die Each Year In U.S. Due To Hospital Mistakes

The number will never be certain but it is clear hundreds of thousands of people die prematurely due to what most people call medical malpractice of Hospitals. The Office of Inspector General of the US Department of Health estimated 180,000 Medicare patients die annually from causes associated with Hospital errors (Medical Malpractice Lawyers). A 2013 study suggests that there are 400,000, yes Four Hundred Thousand “premature deaths associated with preventable harm to patients” in Hospitals.

We hear much in the news about those in this country who do not have access to medical care. We hear more about how we have the most expensive health care system.

If you or a loved one are the victims of medical malpractice, call us, we will help you understand your rights.

Sunday, September 8, 2013

Jury Duty Is More Than Just A Civic Duty

Every year in Connecticut, more than half a million citizens are selected for jury duty. While most jurors slog through the process without much joy, jury participation is absolutely essential to our judicial system and our Democratic form of government.

The Constitution mandates that every individual who faces incarceration for more than six months has a right to a jury trial, but juries are often available in civil cases as well.(Non-jury cases are heard only before a judge and are referred to as “bench trials.”) To guarantee a fair trial for all parties, the potential jurors (a.k.a. the “jury pool”) are selected from a cross-section of the community. Prior to trial, each party has an opportunity to examine the jury pool to ensure that none of the jurors has any prior knowledge or bias regarding the case or parties to the case. From here, the court seats a jury of no less than six and no more than twelve citizens who will hear and ultimately decide the case.

Being judged by a panel of peers is just one characteristic that sets our judicial system apart from many other judicial systems around the world. Jury service is more than just fulfilling your civic duty—it’s what America is all about. Next time you’re randomly selected for jury duty don’t forget that your service is indispensable to the judicial system and to your peers who may be involved in a trial.

Monday, September 2, 2013

Legal Malpractice Arising Under Federal Laws

There are state courts and there are federal courts. There are state laws and there are federal laws. In most situations a dispute regarding a violation of a state law is brought in state court, and you guessed it, a violation of federal law is brought in state court.

What happens when a lawyer commits malpractice while pursuing a case regarding federal law in a federal court? Because the error occurred in federal court and involved federal law it could be that the malpractice case now has to be brought in federal court not in state court. The Supreme Court of the United States dealt with that issue this year and rendered a decision that says it depends on four factors. The factors are somewhat technical.

1. Necessarily raised under the federal law.
2. Actually disputed.
3. Substantial
4. Resolving in federal court would not disrupt the Congress’ federal-state balance.

If you hire a lawyer to sue your last lawyer make sure he or she understands the various nuances of your case.

If you have been injured by a lawyer who committed malpractice don’t get hurt twice by going to a new lawyer who is not experienced in bringing malpractice claims against a lawyer. Call us, if we take your case it will be because we think you have a good case and we will do the right thing, help you to prove your case. 860-561-0651.