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Medical Malpractice Lawsuits and Expert Witnesses

Medical mistakes are made from time to time, and not only are the results of many of these mistakes catastrophic for the injured patient, but these claims can also be difficult to prove without the help of an experienced medical malpractice lawyer.  There are many reasons for this reality, one of which is the complicated nature of most medical procedures and the difficulty in explaining them to a jury so that they can be analyzed and understood when rendering a decision.  As a result, many medical malpractice lawsuits require the help of expert witnesses to explain what went wrong and why the defendant should be liable for the mistakes alleged.

Expert witnesses are used for a variety of different legal cases, but they are particularly valuable when it comes to medical malpractice claims.  Not only are the experts generally able to explain the mistakes that were made so that those without a medical background can understand them, but they also provide a heavy dose of credibility for the plaintiff’s case when an otherwise impartial expert speaks to the case at hand.

Additionally, an expert witness is generally necessary to rebut the testimony and evidence of the defense.  Defense teams are also allowed to use expert witnesses, and if these experts do not have their testimony challenged, it could be difficult for a jury to come to a decision that is favorable to the plaintiff.  In essence, an expert witness needs to be matched by an expert witness.

Finally, and perhaps most importantly, you need to work with a medical malpractice attorney who has the experience, network, knowledge and resources available to locate and to prepare the proper medical expert witness.  For instance, if a case involves a mistake made during a heart-related procedure, working with a medical expert who is a family doctor would not be helpful for the case.

The expert at issue needs to be able to explain his or her qualifications to the judge and to the defense team before being allowed to testify as an expert, which is why it’s critical to be able to bring one aboard whose credentials will not be challenged.  If you have suffered an injury because of a medical mistake, do not attempt to handle all of this yourself.  Contact a medical malpractice lawyer with an enormous amount of resources available by getting in touch with the Phillips National Injury Group today to schedule a free initial consultation.

Lawsuits and Settlements – How They Work

When someone is injured, he or she has certain legal rights available depending on the facts that led to the injury at issue.  There is a customary procedure for making sure that your rights are properly protected and enforced, and when a legal claim is filed against a defendant or defendants, three things can happen:  the claim goes to trial and damages are awarded, the case is not successful and the injured party does not recover damages or the case could settle out of court.  Personal injury lawyers with experience have gone through each of these scenarios, and below is an explanation of how lawsuits and settlements tend to work in regards to personal injury claims.

When a claim is filed at the courthouse, the defendant is served with the documentation in order to provide notice that this action has been filed and is pending.  When an experienced personal injury attorney is handling the case, he or she will wait for a response, and generally, an official response is filed with the court within a certain amount of time, usually 30 days in most jurisdictions.

However, before what is known as the ‘answer’ is filed and served upon the plaintiff’s attorney, it’s not unusual for the attorney of the injured party to hear from the defendant’s attorney.  This contact is usually made in order to feel out how the process is going to work, and the plaintiff’s attorney will usually obtain some sort of feel as to whether the case has any chance of settling.  If it does, then a sound personal injury attorney will pursue this end without giving up the right to proceed to trial.

If it becomes clear that no fair settlement will be reached after periods of negotiation, then the case will generally proceed to the courthouse.  However, that’s always the client’s decision, as any official settlement offer must be conveyed to the injured party for a decision as to whether or not it should be accepted.  If the client decides not to accept the settlement, the case moves forward.

Even if it looks like a case is going to trial, that does not mean it will.  Countless cases have literally been settled on the courthouse steps, and there are judges who will attempt to persuade the parties to settle in order to protect an already overcrowded court docket.  Regardless, a skilled personal injury attorney will understand when a settlement offer is fair by weighing that offer against the case’s chances at trial.

If you have been injured and want to enforce your legal rights, you need to work with a personal injury attorney who will be able to weigh your best interests when helping you decide whether a settlement or moving to trial is the best choice for you.  If you’d like to get the process of obtaining an answer started, you need to contact the Phillips National Injury Group today to schedule a free initial consultation.

What Are Contingency Fees?

One of the reasons that too many people do not protect and enforce their legal rights is because they are afraid of getting involved with an attorney and ultimately having to pay enormous legal fees.  The problem with that thinking is that if someone has been injured as a result of the negligence of another, it’s quite possible that the injured party could pursue a claim without having to pay any up-front legal fees.  This concept is known as a contingency fee, and personal injury attorneys have come to offer these for certain types of situations so that money is not a bar to justice.  Below is a brief look at how a contingency fee arrangement works.

Basically, if a contingency fee is a match for your situation, you will sign a retainer agreement with your attorney that explicitly states that you do not owe any money to get the legal matter started.  The only costs you could incur would be the costs of handling the case as it moves forward, but if you’ve found the right personal injury attorney, those fees will be explained to you fully before you begin the process.

Generally speaking, if your case generates either a settlement or a judgment/verdict, you will pay the attorney a percentage of your compensation, and that percentage could be different based on whether the case settles or goes to trial.  Usually, you’ll pay a smaller percentage if the case settles because the attorney will not have to manage a trial all the way to verdict.

Therefore, you owe it to yourself to at least find out if your case would be proper in terms of offering a contingency fee.  Clearly, all of the risk in this arrangement is on your attorney, so he or she will likely not offer such an arrangement unless he or she feels that your case is very strong and likely to generate a positive result.  Otherwise, your attorney earns no fee if the case is not successful.

Therefore, if you’ve been injured, you need to contact a personal injury lawyer at the Phillips National Injury Group today to schedule a free initial consultation to find out if your case is one that can move forward without you having to lay out money to fight for your legal rights.  Contact the firm today.

Hiring a Personal Injury Lawyer

Everyone has seen the advertisements on television and heard them on the radio – if you’ve been injured, all you need to do is call the number provided and the next thing you know you’ll be depositing a large check.  While that’s clearly not the exact language used, that’s the general message of these advertisements around the United States.  Obviously, hiring a personal injury lawyer is an involved process that requires the completion of certain steps, which you’ll see below.

1.  Gather Information

You need to consider several sources of information, including referrals from friends and any other information that will provide you with an idea as to the general results and reputation that the personal injury lawyer has earned.

2.  Schedule a Free Initial Consultation

After you’ve decided to contact a personal injury lawyer, contact his or her office to schedule an initial consultation.  Most of these should be free of charge, so pay attention to how you’re treated and how quickly you are able to get to speak to the attorney face to face.

3.  Organize

Before your initial consultation, you need to gather all of the documentation, notes or anything else that pertains to your situation.  The more information you present to the attorney, the more progress you’ll likely make during your initial consutlation.

4.  Ask Questions

During your initial consultation, the attorney will likely have several questions for you as he or she reviews the information you’ve provided.  However, you should also ask several questions, as you need to be sure that you are fully aware of what this attorney can potentially provide for your case.  Examples of these questions include:

  • How long have you been practicing law?
  • How many personal injury cases have you handled?
  • How many cases have settled?
  • How many cases have gone to trial?
  • How would you describe your results?
  • What is your opinion of my case?

Obviously these are only examples, but you should feel free to ask the attorney whatever questions you feel are relevant.  You need to remember that this is your case and these are your rights that need to be protected and enforced.  If you have been injured because of the negligence of someone else, you should contact the personal injury lawyers at the Phillips National Injury Group today to schedule a free initial consultation.

Lawsuits Against Makers of Yaz and Yasmin Continue to Pile Up

When a product line generates almost $2 billion on an annual basis, it’s safe to assume that these products have proven to be successful.  When it comes to the overall birth control market, a deep level of market penetration can lead to this amount of revenue and more.  However, that doesn’t mean that products at this level of sales are necessarily safe for everyone, as many women who have used Yaz and Yasmin have discovered.  As a result of a growing number of cases of side effects suffered by women who have used these products, Yaz lawyers around the United States have begun to file lawsuits against Bayer Healthcare, the manufacturer of both Yaz and Yasmin.

The side effects reported by women who have used these products include kidney damage, heart problems, strokes, Deep Vein Thrombosis (DVT) and pulmonary embolisms.  The last two side effects appear to be the most common, and each can be deadly if not properly treated.  DVT is the condition whereby a blood clot forms deep inside the tissue of the body, usually in the leg.  Pulmonary embolisms are blood clots in the lungs.  Each has been linked to Yaz and Yasmin.

In addition to these problems, Bayer has also been warned in the past by the FDA for a television advertising campaign that made potentially false claims.  In response to the warning from the FDA, Bayer agreed to pull the ads and to earmark $20 million for another campaign designed to clarify the problematic claims originally made that concerned the types of conditions treated and the overall safety of the products.

Most recently, the FDA cited Bayer for problematic quality control procedures in its lab where these products are made, although Bayer has initially denied these allegations.  While this latest issue has yet to be resolved, it represents the third different problem that this product line has encountered, each of which could and in some cases has led to serious injuries suffered by those who simply wanted to use a dependable birth control product.

As a result of all of these issues, a total of 74 lawsuits have been served on Bayer Healthcare for the injuries women have suffered.  If you or someone you love has been harmed as a result of using either Yaz or Yasmin, you need to contact a Yaz lawyer at Phillips & Associates today to schedule a free initial consultation.

Personal Injury News:

NEW YORK (AP) — Lawyers for the families of four 9/11 victims are urging a judge to reconsider his decision to reject $28.5 million in settlements that he now says are excessive compared with those other survivors received.

U.S. District Judge Alvin Hellerstein had approved four settlements ranging from $5.5 million to $8 million weeks ago, but reversed himself July 24, saying the amounts were “disproportionately large” and that they “embarrass and prejudice” those who settled earlier. He referred to the four victims as “modest wage earners at the Pentagon.”

Their families were among fewer than 100 who sued over deaths or injuries from the Sept. 11 attacks. More than 5,000 others received money from a special fund established by Congress that distributed more than $7 billion.

Hellerstein said individuals who went to court generally won larger awards than those who opted to file claims with the Victim Compensation Fund, but that those who filed lawsuits may have faced more expenses, as well as the added risks and challenges of litigation. The specifics of settlements that were not rejected have been kept secret.

Hellerstein harshly criticized the lawyers in the four rejected settlements, saying the 25 percent fee they requested was far above the 15 percent given most other lawyers handling the cases. He accused the lawyers of trying to get a “very large windfall” of more than $7 million of the total $28.5 million agreed to by insurance companies for airlines and airport-security companies.

Baltimore lawyer Jonathan Asrael, who represented the families, said in papers filed in federal court Monday that the settlements were fair and should be reinstated.

“Vacating settlements which were previously approved for these families has rubbed raw the wounds of September 11. It has caused severe upset, disappointment and for some, anger,” he wrote.

Families who filed lawsuits have said they did so seeking answers rather than money, on matters such as how the terrorists made it through airport checkpoints.

Asrael said the plaintiffs were not available to comment on the judge’s ruling, but in an affidavit unsealed Wednesday, one of the four plaintiffs, a 57-year-old woman whose husband worked for the Army at the Pentagon, supported the law firm’s 25 percent fee.

She said she pursued the suit in part for “moral reasons of corporate responsibility and a desire that U.S. taxpayers not be required to pay for my family’s loss,” adding that she has been satisfied by the outcome.

Even with her lawyers’ 25 percent fee, she wrote, she is still getting about $1.75 million more than she would have had she followed the mediator’s recommendation.

“My attorneys’ fees were agreed at 25 percent, were earned at 25 percent and I request that Your Honor please pay these attorneys’ fees at 25 percent of my recovery,” she wrote April 16. “Ultimately, I believe that ‘a deal is a deal.’ I received what I bargained for and our outstanding attorneys should receive what they bargained for as well.”

Hellerstein said he was concerned that the hefty sums would not be fair to the plaintiffs who settled their lawsuits long ago.

“Although I approved the settlements, I did so without being aware of the considerations that now impel me to disapprove them,” he wrote.

He also scolded the lawyers for “coasting” on the efforts of the attorneys who handled the previous settlements, essentially accusing them of playing a waiting game in order to get more money for their clients.

In response, Asrael said his law firm had done considerably more work than most other lawyers in the cases, including participating in depositions of airport workers who had screened the hijackers of the plane that struck the Pentagon.

With the seven-year anniversary of the 2001 attacks just weeks away, Hellerstein’s ruling provided a status report on the more than 10,000 lawsuits slowly winding through the courts.

He said settlements had been reached in all but a dozen of the 95 wrongful death and personal injury lawsuits he oversees stemming from the Sept. 11 attacks. The judge also is responsible for thousands of lawsuits brought by workers involved in the search, rescue and clean-up efforts at the World Trade Center after the attacks.

Hellerstein frequently comments on the shortcomings of the legal process after a national tragedy.

“The wounds of 9/11 will not easily be assuaged,” the judge wrote in his July 24 ruling. “But neither should they be exacerbated by rich rewards of fees and benign indifference to unreasonably large awards.”