Thursday, May 29, 2014

Medication Mistakes

Have you ever heard a doctor say "this drug is 95% effective" or "this procedure works 97%" of the time? The good news is that the drug probably has a higher rate of success if administered properly and the procedure probably has a higher rate of success if done correctly. Here is the problem, we know that medical malpractice happens both in the performance of a procedure and the administration of drugs (especially in a hospital). So those percentages of success include failures that were not caused because the drug does not work and were not caused because the procedure is not a good one, rather they are caused because someone screwed up.

So here is the problem: if you are in a hospital which is not run well, if you don't take medication as you should, or if a doctor who is not at the top of his/her game is operating on you then the percentage that applies to you for any particular medication or procedure may be a good deal lower.

We sue professionals, doctors, lawyers, accountants..... If you think you are a victim of malpractice call us, we can help.

Thursday, May 15, 2014

Jay-Z, Solange, and Privacy.

There should be a law for that. How often do we hear that phrase.

I think it is time for a law that protects public figures from the paparazzi mobs that follow them, from the far less than flattering pictures and even from the videos of the smack down by a friend or relative like that being chatted about on the net involving Jay-Z Solange.

I for one don’t buy the magazines that buy these photos, I don’t look at the internet sites that promote them and I don’t find it even interesting to hear about it because what it is really about is causing pain and embarrassment. It would be different if a public official was engaging in inappropriate conduct, but even then, Please Please no more pictures of congressman in underwear. A simple statement that Congressman so and so was again caught text a picture of his private parts.

The bottom line is that there are plenty of laws that might apply such as intentional infliction of emotional distress, but the concepts of freedom of speech and freedom of the press become shields allowing others to make lots of money off the pain of others. So although it may be legal to video tape people that have no expectation of privacy, (in an elevator but not in a restroom) especially for a legitimate purpose, that does not mean it should be broadcast on the net.

Sunday, May 11, 2014

Should You See a Marriage Counselor or a Divorce Lawyer?

In response to the great article on Huffington Post titled: Should you see a marriage counselor or a divorce lawyer?

If you want to know if you should divorce your spouse, see a counselor.

The push in the article is to see a marriage counselor. I agree, see a marriage counselor to evaluate if you should get divorced. If you can handle it, I tell people asking me about a divorce, to consider doing some counseling independent of the marriage counseling. Even if the divorce goes forward the individuals counselor is a huge help.

All too often all the frustrations and problems that led people to my office continue to play out in the divorce, as well as new issues such as possible sense of foreboding and loss. Clients often bring those issues up when speaking with me. I don't mind but I then continue to encourage them to bring the issues to a trained counselor who is both better equipped to handle those issues and who likely charges half of what I charge per hour. :) Divorce is hard for most of my clients - I am there for them on all legal issues, and I am there for them, if they ask, to the extent I can help, on other issues as well.