Showing posts with label lawsuits. Show all posts
Showing posts with label lawsuits. Show all posts

Thursday, September 17, 2009

Medical Malpractice Information


It may be a failed face lift, a injury during birth delivery, a botched operation, or other serious medical procedure that results in lasting physical harm or worse to you or a loved one.

If you think your doctor or surgeon is guilty of serious incompetence or outright criminal conduct, consider bringing a law suit against them.

Be forewarned, however, that medical malpractice cases are some of the most complex for lawyers (and harrowing for patients and families) - that puts the onus of proof squarely on complainants in a legal action against a medical professional.

What you must prove in a medical malpractice case

Simply put, it is up to your legal team to prove that your doctor made a mistake in not observing reasonable techniques, or failed to practice within traditional medical bounds.

Next, By providing evidence of how another doctor would have treated you under the same circumstances, a finer point can be put on how the mistake could have been avoided.

Finally, the legal team must show the extent of the damages made or any possible future harm that could result from the doctor's negligence.

Hiring a medical malpractice lawyer

Therefore, it's most important to hire a law firm with extensive experience in medical malpractice cases, and who can provide a complete team effort in presenting your case before a judge and jury.

This includes not only expert knowledge of medical terminology, but the necessary footwork necessary to research your particular case while they secure expert witnesses to testify at your trial.

Of course, medical malpractice suits can be time consuming, as well as an expensive proposition both monetarily and emotionally.

There are many legal firms, however, that will represent clients on a contigency basis - that is, forestall payment until the case is won - if they think your case is eminently winnable.

In contingency cases, if and only when your law firm wins the case will they accept an agreed upon percentage of the money awarded at trial.


More about medical malpractice lawsuits around the Web:






Wednesday, May 6, 2009

Suing an Employer: How & When to Hire a Labor Lawyer


According to the 2008 Fulbright & Jaworski Litigation Trends Survey, 27% of all U.S. companies surveyed had more than 20 lawsuits brought against them, up slightly from the year before. 

And it's a trend that seems to be growing.

The most commmon reasons for lawsuits? They usually involve perceived abuse by employees over hourly wages, promised overtime, meal expenses or break time. 

As the recession worsens, experts are particularly watching how an increase in hiring of part time or seasonal workers will effect the trend.

As ever, the bigger the company (see Walmart) the better the odds of winning or settling out of court. Other typical cases include: 
  • race, sex or age discrimination
  • harassment
  • disability
  • violations of the Family Medical Leave Act
How to hire a labor attorney

When looking for a labor attorney, it’s a always a good idea to shop around, but if you can't afford an initial consultation look for law firms that provide them at no charge.

While your there, ask questions. Make sure they're qualified in mediation, arbitration, and that they are armed with a proven track record in litigating cases. How many cases have they brought to trial? How many have they won? If settlement negotiations later break down, you'll know (and you're employer will, too) that you've hired a labor lawyer who can successfully argue your case in a very public court of law.

More about labor law around the Web: