Medical Lawyer Blog

You may not need one, but it would be much better to have one. Asking for compensation is not that simple- there is a lot of layers to get to the settlement stage, e.g. filing complaint, depositions, negotiations, mediation, settlement conferences, etc. Attorneys earn their money in these cases on a "contingency basis" if they accept your case, they will front the money to pursue the case in exchange for a chunk (25-40% usually- depends on if it goes to court or settles early).

I thought that once a case is settled that I wouldn’t have to put up the insurance company continuing to harrass me. They had all these years to do their discovery and object to my injury and treatment since 1999. Do I have to sign a medical information release now? Do I have to provide a list of the doctors I have see for the last 10 years. They want my personal physicians records totally unrelated to my injury. Please tell me what obligations I have since I will be under treatment for the rest of my life. Does this also mean I will have them harrassing me for the rest of my life as well? Thanks for you time.

If your settlement involved future treatment then you will be subject to providing information to them for "the future".
I know everyone wants to call it being "harassed" by workers comp – but you have no idea how many bogus, whiney hang nail having putz’s try to get free money for stupid injuries. Because of them worker’s comp has to act like everyone is a crook all the time.

My son was born with a rare genetic disease, which caused his facial structures are under developed . During the pregnancy, my wife followed the entire necessary test.

Now we went back to the medical records and found out that the ultrasonic pictures clearly showed his deformed facial structures. However no any medical doctors told us about this, every time we were told everything is fine? Could we sue the medical doctor for her Medical Malpractice? Thanks

There’s really no such thing as "clearly" in an ultrasound, but to make your case you would have to show:
*That you had the ultrasound with the purpose of screening for ALL defects
*That the ultrasound showed the defect before the legal limit for abortion
*That you would in fact have aborted the fetus.

Chances are the ultrasound couldn’t actually diagnose the problem and a rare enough genetic test wouldn’t have shown in additional screening (not that many genetic defects have screening test). So if you had been told "there may be something potentially wrong with the baby which may be caused by any of 10/20/30 disorders" would you have had an abortion.

Really unless the doctor refuses to give you a screening test for a specific disorder, or loses or doesn’t give you the results of of the screening you really don’t have much of a case.

If you really don’t want this "defective" baby then the remedy for you is adoption.

A garnishment has been levied against my bank account. Both my wife and I are disabled and on Social Security Disability. The lawyer for the hospital bills claim they can once it is in the bank.

The "lawyer" is correct. However, since social security payments are exempt from creditors, you could notify the bank that the funds in the account are from social security direct deposits only and thus exempt.
To do that, you need to keep your funds separate. Do not deposit any other money into the social security account. Don’t mix your social security income with any other income. Even a one dollar deposit from any other source will remove the exempt status from the account.
There is a from that you need to fill out and file with the bank. This form should be available to you at the bank.

Hope this helps

…or should a member of the family approach to the responsible party, asking for compensation-first? This is an absolute negligence case, and two Registered Nurses are are family members, and wittnesses.

You need a lawyer.

It’s not like car insurance. There isn’t any claim, until the suit papers get filed.

I tryed to search using medical melpractice cases, medical medpractice court cases, melpractice cases, melpractice court cases. Please give me other avenues. I need to know about the plaintiff, defendant, where it happend, who was involved, the outcome, and how far through the court system it went.

I would be inclined to use a search engine that caters to the legal cases. I know FindLaw is one. I would also call your local library and ask for the reference desk. They can usually help you jump start these issues.

is money won on a Medical Malpractice law suit taxable by the us govermant? or state gov?

Settlements for physical injury or illness are not taxable. However if any portion was earmarked for accrued interest or punitive damages, those portions are fully taxable as ordinary income.

I am looking for a lawyer who can help me before its too late. One that is aggressive and doctors fear!

Select the lawyer with the highest BBB ratings and call them and request a copy of their record of successes.~

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I had a surgery done due to heavy menstrual cycles. I was supposed to be off work for a week and a half. I developed an infection one week after the surgery. The dr continued to treat me with antibiotics and never did a culture to find out what it was. One month later, I was still sick and he said that he needed to consult with a plastic surgeon. I went to the plastic surgeon who immediately did a culture to find out what it was. I had interacoccus species and gram positive cocci. I had to have another surgery to fix the first surgery and when they finally released me back to work, my FMLA had ran out and I lost my job. My stomach is horrifying to look at and now I am out of a job too. Noone in the area will take my case because they golf together or go on trips together so they all say that it is a conflict of interest.PLEASE HELP!
I have gone outside my state and still no luck. I have had someone call me back within the state but just figured that maybe someone on here has gone through something and knows of a good lawyer.

I cant see that noone in your state will take it. I can understand you city but not the state. If you have to then go outside the state.

hi can anyone help
i was in a domestic violence relationship for 7 mths , my ex was charged with 3 assaults and 2 criminal damage, he as pleaded not guilty it goes to trial at the end of april.
the cps are acting on behalf of me
they have photo evidence , and i went to the doctors with my injurys
my ex as said i was an alcholicwhich is untrue as i was on antideppressants , if i did have the odd drink it was socially and i only had 2 glasses of wine , before i met my ex i was having cognegative therapy for low self asteem and confidence , i have suffered with depression for years but managed it well and always worked full time
my ex defence lawyer now wants access to my medical records because ex as said i was having therapy for alchol and prescripion drug use which is totaly untrue i have never been to doctors with drink problem or therapy for that
i have refused them access and i have spoke to witness unit and the cps said nothing to do with case, i have done a statement with police and it wil now go to defence
any advice or similar situation would be appreciated

CPS is absolutely right in this issue. Whether or whatever the circumstances, your ex- was guilty of a felonious assault, which is totally SEPARATE from the case being tried.
The Defense Attorneys are simply trying to find as much as they can to "compromise" you………..
don’t provide ANYTHING your not required to by a court order.