Dispelling Common Medical Malpractice Myths
When politicians decry that frivolous lawsuits put a huge burden on society, they are often referring to medical malpractice. They frequently cite huge jury awards for pain and suffering as proof that the U.S. needs tort reform.
But recent studies of empirical evidence from medical malpractice cases do not support this perception. A 2008 article published by the Association of Bone and Joint Surgeons, available through the National Institutes of Health medical library, debunked common medical malpractice myths, including the following:
- Juries tend to sympathize with patients
- Juries do not understand complex medical testimony
- Injured victims often prevail in court
- Jury awards tend to be higher than settlements
Juries are not easily swayed
The reality is that three out of four defendants, usually doctors, prevail in court trials. Juries take deliberation seriously and do not let the prospect of deep pockets influence their awards. Qualified malpractice lawyers in Maryland can tell prospective clients what they need to do to win in court.
Another myth is that medical malpractice cases must go to trial for victims to receive fair compensation. The reality is that most malpractice cases settle out of court for equitable compensation if the defendant is able to prove that medical negligence caused them harm. In Maryland, malpractice attorneys can often predict if a case can be resolved through negotiation and which might require litigation.
Highly respected medical malpractice lawyers recognize the potential downside to court battles, including the following:
- Trials can take years to resolve, including post-trial appeals
- Large jury awards can be overturned or reduced in appeals
- A jury may decide there was no deviation from the standard of care
- The strongest cases usually settle to avoid the time and expense of trial
Due to the complexity of medical malpractice, injured patients should consult experienced medical malpractice attorneys to determine if their Maryland case merits legal action.
Take action to preserve your rights
If you are looking for Maryland malpractice lawyers to help with a personal injury claim or lawsuit, the law firm of LeViness, Tolzman & Hamilton, P.A. offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
How to Find Qualified Attorneys in Baltimore
In the event of a catastrophic injury due to an accident or medical malpractice, how can a victim find an experienced personal injury attorney to represent them? If a person is detained or arrested for a crime, what is the best way to determine which Baltimore attorneys can be trusted to provide a vigorous defense?
Whether a person is experiencing pain from injuries or sitting at the police station, it is especially difficult to find the right Baltimore attorney to fight for them. But in the age of search engines, finding lawyers and other professionals is far easier than the days of the phone book.
Many websites, such as Martindale.com, offer referrals to lawyers based upon user-defined criteria, such as preferred location or practice areas. Bear in mind that some are impartial sources while others receive commercial incentives to drive prospects to particular law firm websites.
Make the most of the initial consultation
In the initial meeting with an attorney, there are key questions a prospective client should be sure to ask, including the following:
- What percentage of your caseload involves personal injuries, medical malpractice, criminal defense, or other relevant area of practice?
- What is your success rate at winning significant settlements or jury awards for your clients?
- Do you have references from satisfied clients or industry awards and recognitions by your peers?
- What percentage of cases settled out of court versus in the courtroom?
- What customer service do you provide clients to steer them to optimal outcomes and keep them informed of progress towards a resolution?
Attorneys focus on particular areas of practice, and as with any profession, provide different levels of service and competence. By asking the right questions, prospective clients can be sure to make the most of their search and find the right lawyer for their particular circumstances.
Take action to preserve your rights
If you are looking for Baltimore attorneys to help with a personal injury claim or lawsuit or criminal defense matter, the law firm of LeViness, Tolzman & Hamilton offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
Criminal Defense in Queens
Charges, or even just suspicion of criminal activity could result in very serious consequences. An actual criminal conviction would be much worse.
Both federal and state statutes dictate criminal law, though most cases are dealt with under state laws, unless the crime was clearly against national property and resources. In Queens, New York state laws will most likely affect your case.
It is important to act fast and use your right to an attorney when facing a criminal offense in Queens. Reach out to an experienced Queens criminal defense attorney who is a veteran in New York criminal law.
Crime is divided into two categories under New York State criminal laws — felonies or misdemeanors. Felonies are very serious crimes with sentences of long periods in prison and heavy fines. Misdemeanors rate lower than felony crimes, with sentences of typically less than one year with lower fines. Either misdemeanor or felony criminal convictions can have a serious impact on your social image and ability to earn a living.
White-collar crimes
White-collar crimes, often involving the theft of money by some means, are usually non-violent. Nevertheless, they may still entail harsh penalties. Conviction for such crimes may result in lengthy imprisonment, hefty fines, and restitution requirements.
Common white-collar crimes include the following:
- Forgery
- Cheating
- Fabricating fake business records
- Insurance scams
- Filing falsified unemployment claims
- Odometer fraud
- Employee theft
- Cyber fraud
- Fraud in healthcare
- ATM or any machine fraud
If you are under suspicion or have actually been charged with committing any crime, white-collar or otherwise, you should contact a criminal defense lawyer immediately.
Famous Legal Blunders
Even lawyers make mistakes. If you think all attorneys are infallible and incapable of making legal or ethical blunders, read on.
Barry Bonds
In 2008, federal prosecutors in California charged major league baseball player Barry Bonds with failing a steroid test in November of 2001. Since this was only one month after Bonds had broken the home run record for Major League Baseball, it was cause for sensation.
However, it was a mistake. The actual year Bonds failed the test was 2000, not 2001. Bonds attempted to use this error as leverage to dismiss the case, but to no avail. The mistake was quickly clarified and the case moved on.
Andy Warhol
Edward Hayes was not only one of Andy Warhol's legal advisers, he was also a Manhattan lawyer, a former district attorney, and the basis for the character Tommy Killian in the Tom Wolfe novel "The Bonfire of the Vanities."
One of the assets in the estate of Andy Warhol was Interview Magazine, with a circulation of 160,000 at the time of his death. His estate sold this magazine based on a down payment but with the balance guaranteed by promissory note, payable to a company called "Andy Warhol Enterprises Inc."
The only problem was that Hayes had dissolved this company a week before the promissory note was signed, meaning the payments were made to a company that no longer existed. Ultimately this resulted in the loss of $7 million to the estate.
Rebecca Simpson
In 2006, the attorneys for Rebecca Simpson, in a noted solicitation of murder case, neglected to inform their client of a five-year jail term plea bargain offered by the prosecution. Simpson instead went before a Connecticut jury in a two-week trial, where she was found guilty and sentenced to 25 years.
When the judge learned of the lawyer negligence, he dismissed the verdict and ordered a new trial to take place. The prosecutor offered the same plea bargain again, which Simpson immediately accepted.
Information in this post gathered in association with a Raleigh DWI lawyer
What are Grounds for a Legal Malpractice Suit Against a Lawyer?
Legal malpractice is a form of professional misconduct in the area of litigation. Legal malpractice happens when a lawyer or attorney acts in a negligent manner when giving advice or representing a client regarding a legal issue. Attorneys -- just like any other professionals -- have ethical standards, which require all of them to perform maintaining those standards while representing a client in the court of law.
Elements of Legal Malpractice
In a California attorney malpractice case, the plaintiff must prove the following:
- That a relationship between client and attorney existed
- That the plaintiff was negligent in his or her legal representation
- The facts and extent of the alleged injury or wrongdoing
The most important facet of a legal malpractice case is to prove that the lawyer who is being sued owed an obligation to the client. The next thing to prove is that any harm done to the client was the result of the negligent lawyer's actions.
Information in this post gathered in association with Seattle medical malpractice attorneys