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.

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.

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? http://t.co/itFuuoBhZT

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.

Hospitals Battle Medical Malpractice Costs

The recent Hartford Business article on medical malpractice costs is helpful in understanding a few of the purposes of our justice system which allows each one of us to sue doctors and hospitals in search of Justice for our injuries caused by the negligence of the medical establishment.

1. As noted the hospitals have been reducing claims by increasing quality control. One of the purposes of the system that allows us to force them to pay for injuries is exactly that to encourage responsible medicine, medicine that considers the best interests of the patients.

2. As noted, some hospitals have instituted a program of acknowledging their mistakes and paying the damages without requiring a long drawn out process. They system is designed to encourage just that and sometimes it works.

3. It has always been the law that you need a doctor to say another doctor was negligent. It is wonderful that the public understand that juries have always received guidance from practitioners in a similar area of medicine to help them deliver Justice to those involved.

Those of us who sue professionals, whether it be lawyers, accountants or doctors, are focused only on bringing cases where someone has been injured due to the negligence of another. Quick and fair resolution is the goal, the system unfortunately does not always provide for either. These rights have to be fought for. The number of errors that occur in our medical system is staggering. Most of the time there is no real damage, but when a loved one is the victim of the negligence of a health care provider we are lucky to live in a country which provides an opportunity to present the truth to a Jury.

Lawyers in Medical Malpractice Lawsuit With Alex Rodriguez

Alex Rodriguez a name synonymous with great ball player and also synonymous with illegal steroid use. It is no surprise that he would sue for medical malpractice if he was not told by the Yankee doctor that a Scan revealed a problem which could make it risky for him to continue to play. If true the doctor may have put the team’s interest in having it's player ready to play, ahead of Rodriguez’ interest of taking more time off in light of the risks of playing injured.

It is no surprise that the lawyers for the doctor will want a video deposition of Rodriguez which can be leaked to the news outlets. It is just another tool in the bag of tricks lawyers who represent insurance companies use to make it hard on the injured party.

Rodriguez is accustomed to playing by his own set of rules. Normally I would side with the injured party, but it is hard to be empathetic for “poor” Alex Rodriguez. The rules, at least in Connecticut where I practice law, allow for video tape depositions. There seems to be some justice in Rodriquez having to play, at least in a lawsuit he brought, by the rules. I hope to see that video tape deposition on the news someday. How about you?

Dewey LeBoeuf Wreckage

Dewey LeBoeuf – oh the arrogance of the powerful. Power corrupts. If the allegations are true of course. The allegations are simply that the leaders of this oh so powerful law firm, where the key partners made millions, for cooking the books to get money from banks and others. Too many lawyers succumb to the temptation of playing games. Lawyers are trusted with the money of their clients, they are trusted with the cases that their clients need pursued, when they cause damage they should be brought to justice.

When the leaders in a company by fraud damage the company, they damage the other owners. We see this in the press all the time, with big corporations being mismanaged by the leadership team. The other owners here are the innocent partners in the law firm. I am left to wonder if some of the other partners in the firm who may not have known about the cooking of the books will now sue the guilty, again assuming the allegations are true. They should, they too were damaged.

When An Attorney Won't Take Your Case

A recent article from The Epoch Times, titled "Patient Harm: When An Attorney Won't Take Your Case":

"More than 450 attorneys were surveyed for the Emory study, “Uncovering the Silent Victims of the American Medical Liability System[11],” which found that three out of four medical malpractice attorneys reject more than 90 percent of the cases they screen [12]. The study found:

• About 95 percent of patients who are harmed [13] will find it extremely difficult to get representation.
• Almost no attorney will take a case, even when the chance of winning is 95 percent, if the damages are less than $50,000 [14]. 
• More than half refuse any case, no matter the likelihood of winning, if the damages are less than $250,000 [15].

The study recommended reforming the system by increasing funding for legal services [16], so attorneys could be compensated for their time; making defendants who lose a case pay the plaintiff’s attorney fees [17]; or sending malpractice complaints to an administrative system [18] with neutral adjudicators and medical experts so patients wouldn’t need an attorney."

The simple reality is that we have to devote tens of thousands of dollars and sometimes thousands of hours on each medical or legal malpractice case we take on. We are committed to the cases we take. We spend the money and we spend the time. Unfortunately that means we cant take on many of the cases that come to our attention. Call us. Maybe your case will be one we will take on.