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.
Monday, July 7, 2014
Monday, June 23, 2014
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.
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.
Tuesday, June 10, 2014
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.
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.
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.
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.
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? 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.
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.
Wednesday, April 30, 2014
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.
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.
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.
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