Good Medicine for Medical Malpractice Claims

From the blog of a medical malpractice defense firm, four common things that can strengthen a defense:

1. Documentation, Documentation, Documentation: Testimony of recollections and how things are normally done can be considered as evidence, she says. “They are much more effective, however, when they’re backed up with documentation in the medical record.”

2. Use of Plain Language: “Doctors who communicate the rationale for their decisions in clear concise language are in a much better position to defend those decisions later, and their decisions are less likely to be questioned in the first place,” Christian writes.

3. Educated Office Staff: Christian says malpractice cases often involve communication by office staff to people calling for appointments or refills, canceling appointments or sharing concerns during office visits, so it’s key that the staff understands documentation and communication procedures.

4. Intelligent, Caring Physicians: “Jurors want to know that the doctor had the patient’s best interest in mind and used his or her best judgement to make a rational decision,” she says.

This is all true in my experience as well. Yes doctors who follow these rules or make a jury believe they did, will do better when sued for malpractice. Keep in mind that these are the same impressions that a lawyer will try to convey to a jury in a legal malpractice claim against the lawyer. All of this can be true and the lawyer may still be responsible for legal malpractice. All of these can be true and a jury could and should find against the doctor or the lawyer if that doctor or lawyer committed malpractice which resulted in damage to the patient or client.

We sue doctors. We sue lawyers. We sue accountants. We sue all professionals. But only if they breached the standard of care (committed malpractice) which resulted in serious injury. Call us if you have questions.

Read more: http://www.corpcounsel.com/id=1202642115405/Good-Medicine-for-Medical-Malpractice-Claims#ixzz2tRMPSrCU

Client Information is Privileged

Lawyers simply are forbidden from sharing stories about their clients. No bragging about who they represent. No jokes about who they represent. No describing in detail the case that was so interesting. Unless, of course, they have permission of the client.  If the client says it is ok, then it is ok.

Even if the client information is not privileged, the lawyer can't share it. Privileged information is the secret you tell your lawyer - "I really did kill that guy and I hid the murder weapon in the woods". That is a privileged statement and the lawyer obviously can't tell anyone.

Here is the less obvious secret, or not so secret information, that the lawyer can't blab about. In Connecticut, secret or not, if someone has filed for a divorce it is public information. But a lawyer who represents a client in a divorce shouldn't go telling people. Why? Because confidential information, or information that a client may reasonably want to be held in confidence, is still protected.  Even if it is not a privilege, even if it is not a secret, the lawyer should not talk about it without permission of the client.  There are of course exceptions and other rules that apply so speak to a lawyer if you think your lawyer has blabbed when he or she should have kept quiet. 

Bottom line is expect your lawyer to respect your privacy even if the information is not privileged.

Making a Case For New Thinking About Whistleblowing & Retaliation

It is sweet and simple, there are laws designed to protect Whistleblowers. There are laws that reward whistleblowers with lots and lots of money. Yet we hear about people going to jail or being sued for doing what you or I may consider blowing the whistle on some wrong or injustice. The fact is that like most things in our society there are laws which proscribe how something has to be done. Bottom line - if you think you could be a whistleblower, call an attorney first to figure out if you are protected and if so is there any special way you have to do it. http://t.co/MBTml32wTt

Medical Malpractice in the Outpatient Setting

JAMA a well-respected medical journal, recently included a commentary on studies of Medical Malpractice cases filed in one year in Massachusetts. Although not the general focus of the article there was an interesting fact that is consistent with what we have seen in many of the Medical Malpractice cases that we have handled. 72% of medical malpractice claims against general internists and family physicians in Massachusetts are claims of a failure to diagnose. In simple terms almost three quarters of the malpractice claims against the first line of medical defense, the family Doc, are related to a doctor saying don’t worry about that, or not catching something he/she should have caught. The malpractice claims against these Family Docs and Internists were against less than 4% of the Docs. So an individual’s risk is very low.

One way that you can protect yourself from being a victim of Malpractice, is to not only to give a sigh of relief when a Doc tells you not to worry about this or that. Rather if you think it may be bad, seek a second opinion. If possible go to a doctor experienced in that particular issue. You wouldn't trust your malpractice claim to just any lawyer; in the same way you should be careful not to trust your deepest concerns to just any doctor.

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.

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.

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.