Joan Rivers’ Doctor Faced a Past Malpractice Suit

We sue professionals. We sue doctors. We sue lawyers. It was recently reported that one of Joan Rivers doctors had faced a prior malpractice suit. Although we clearly believe professionals (including doctors) should be held responsible for negligent conduct, most prior claims of malpractice are not relevant to a different claim of negligence. Unless the prior claim of malpractice involved the same error it is of little value and many courts will say it is entirely irrelevant.

Why?

If I ran a stop sign 4 years ago it does not indicate a propensity to speed. I am not sure it even indicates a propensity to run stop signs. I made a mistake once. I should be liable for damages caused by my negligence (mistake) but it does not mean in a case involving speeding that it is at all relevant to say 10 years ago I ran a stop sign. Yes of course if I ran a stop sign at 4pm telling the officer I was late for a 5 pm meeting. If I then was speeding and caused an accident to happen, it would be relevant. But not if it happened many hours earlier or many years earlier.

So bottom line is that although it may be interesting to lay people to hear more about the players in a current story about a star, it is of no significance in a claim of malpractice.

Celebrating 13 Years

13 years ago in August it was me plus one lawyer and one assistant. Today we are 6 lawyers and 3 assistants plus a team of consultants and offsite workers. Technology now allows us to work from anywhere, our phones are desktops, and we are organized in ways I never imagined when I started practicing law 37 years ago. Feels like real progress as we stay on the cutting edge. I am proud of what we accomplish with our clients, where we are today, of our incredible team and I look forward to many tomorrows. 

Bruce STANGER Managing Member and Founder

Conflicts of Interest

It's the cover up not the deed that get so many in trouble.

Lawyers have a general obligation to stay on the correct side of conflicts of interest. From the attached article it appears to be the lack of a frank and open disclosure that got this lawyer in trouble. If your attorney appears to have a conflict of interest, or somehow not making your interests the most important expect a full and frank disclosure. Ask your lawyer if you have any concerns. It may simply be a misunderstanding. A client can even waive certain conflicts, but the waiver has to be based on complete knowledge and often should include advice from your lawyer to consult with an independent lawyer. You are not expected to know the difference between a conflict that can be waived and one that cant.

Call us if we can help. We don't mind going after another lawyer, it is only fair that the public have lawyers who are willing to call another lawyer on the carpet if they screwed up.

Email Best Practices for Lawyers to Avoid Malpractice Exposure

In this fast paced world of text and e mail expect your lawyer to be careful. But beware a fast pace makes for errors. One area of malpractice by lawyers is the use of e mail or text which when sent without thinking or double checking can go to the wrong person, not include someone that should be included or not get where it was intended.

Sending something that is confidential over e mail is accepted in most circumstances but if sent to the wrong person it can do serious damage. When a lawyer represents the wife, an e mail intended for the lawyers client which is accidently copied to the husband’s lawyer about those pictures of the husband or of the wife in a compromised situation will be used by the other side. There are rules about giving back that which was accidently sent to the other lawyer, but those rules may not save the day.

So expect your lawyer to double check before sending and to be careful generally with your confidential information. If he or she screws up and you are damaged give us a call we will fight to set things right.

How Long Do You Have to Sue a Lawyer in Connecticut?

As with much in life there is no simple answer. It depends!

The general rule is that a suit against a lawyer should be brought within three years of:
When the lawyer screwed up or
The last time the lawyer was working on your case or
The last time the lawyer tried to fix the screw up or
The first time you spoke to another lawyer about the negligence of your lawyer.

If the law suit is not brought in time you loose all of your rights but there are always exceptions. One of which is if the lawyer fraudulently hid the screw up it is three years from when you figured it out or should have figured it out.

BUT don't rely on this and figure it out on your own. It really is much more complicated then what I have told you here. Don't try and analyze this your self. Sorry but if you have been damaged by a lawyer you still should have a lawyer you can trust help you. Can We Help You? I hope so. Call us if you think you have been damaged by the screw up (malpractice) of a lawyer.

A-Rod Drops Malpractice Suit Against Yankees’ Team Doctor

Why did Alex Rodriguez drop his medical malpractice suit against the team doctors. We will never know; how can anyone know why a person does something.

Some possible reasons:
1 - Even if the doctors did misread the x-rays, to be successful in the suit A Rod would have to prove that he was really damaged. It is not enough to prove that a doctor screwed up A Rod would also have to prove the screw up damaged him. Here A Rod would have to prove that if he was told what the x ray showed he would not have played AND that if he did not play his shoulder would be better two tough things to prove. So although A Rod, through his lawyers is saying I just want to forget about this and play it may be that he has a weak case.

2 - He may just be ducking that video deposition the doctors lawyers were threatening. Does this tough Yankee really want to be talking about how bad his shoulder is and how damaged he is for his future.

3 - Rumors are that the Yankees were considering not letting A Rod back to complete his contract. Some say that the Yankees don't have to let A Rod finish his contract if he is injured. The Yankees could save millions by replacing A Rod. Filing suit claiming he was damaged and could not play, put the doctors in a position of proving that even if they were negligent A Rod was not damaged. So by filling suit A Rod put the doctors in the position of supporting A Rod's bid to return to the team. The doctors don't want to say A Rod can't play if then the doctors could be liable.

4 - Of course it could be what A Rod as his spokespeople say, just wants to get along.

Malpractice Comes In Many Shades

Our State has been rocked recently by the suspension of an Enfield Dentist’s license to practice dentistry after a patient died while under his care. The patient died at Bay State Medical Center in Springfield on February 17 after Dr. Rashmi Patel allegedly failed to "properly respond to J.G.'s oxygen desaturation and/or respiratory distress and/or cardiopulmonary distress" while performing 20 tooth extractions. Over the next several months Courts and the Connecticut State Dental Commission will review Dr. Patel’s conduct to determine whether the allegations of sub-standard care have any merit.

While in a case like this there appears to be convincing evidence of malpractice, individuals must realize that every case is not always so dire. Rather, malpractice comes in a variety of shades, and rarely results in anyone’s death. Medical malpractice can be the loss of movement of ones arm after receiving improper medical care following an injury, or the loss of your court case because a motion was not filed on time for legal malpractice. Even though nobody has died as a result, the negligence and the malpractice is real. Once this negligence can be proven and damages attributable to the negligence, the financial recovery is often real, too! Don’t be afraid to seek our assistance if you feel that you’ve been the victim of malpractice. If you’ve been the victim of your lawyer or doctor’s negligence, give us a call and we’ll see what we can do to help get justice for you.

For more on Dr. Rashmi Patel’s case see the Hartford Courant at www.courant.com keyword Patel.