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Brennan & Kavouklis, P.A. Newsletter Archive |
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WINTER 2004/2005 ISSUE
BE ALERT FOR MEDICAL MALPRACTICE
Brennan & Kavouklis, P.A. Injury
Law Alert Newsletter
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A missed diagnosis. A botched operation. Amputation of the
wrong limb. It seems that horror stories like these appear on
the news almost every day. Although most people who are sick
or injured recover, a study has shown that at least 44,000 people,
and perhaps as many as 98,000, die from mistakes made by their
doctors every year. Because of the need to lower costs and to
process patients more efficiently, some doctors feel pressured
to reduce testing and treatment in the name of cost savings.
In light of this, many patients feel that the quality of medical
care they receive has declined, and they wonder if anything can
be done when mistakes happen. There is something that can be
done. A claim for "medical malpractice" can be made.
Although the most sensational cases tend to make the news,
medical malpractice covers almost any error a doctor or any other
health-care provider (hospital, nurse, etc.) might make in treating
a patient. Maybe the doctor gives a wrong diagnosis, orders the
wrong kind of treatment, orders treatment to begin too early
or too late, or makes a blunder while treating the patient. All
of these errors are considered "malpractice."
Despite appearing to be very straightforward, medical malpractice
cases can often be difficult to prove, for several reasons. First,
many medical malpractice cases are never recognized as such,
because it is difficult for non-doctors to know when a doctor
has made a mistake. For every case where the doctor clearly does
something wrong (like amputating the wrong leg or leaving a scalpel
in a patient) there are dozens of cases where the doctor's error
is much less obvious. Second, the complexity of modern medicine
means that proof of malpractice usually requires expert medical
or scientific testimony, testimony that is difficult for ordinary
people on a jury to understand. Finally, if the patient dies,
it is sometimes difficult to prove that the death was caused
by the doctor's mistake rather than by the original illness.
In addition to compensating the victims of medical malpractice,
successful medical malpractice suits often help to expose incompetent
doctors and lead to improvements in hospital procedures to insure
that others patients do not suffer. If you suspect that you or
someone you love has been injured by a doctor's mistake, call
us. We can help you, and your lawsuit might just help someone
else.
CONTACT OUR FIRM!
Because of the increasingly technical nature of medicine,
it is often very difficult to know whether or not malpractice
has occurred. Just because something bad happened does not necessarily
mean that the doctor committed malpractice. However, many times
people have a vague feeling that the care they or a loved one
received was not up to par. If you have this feeling, contact
us.
Obtaining qualified legal help is especially important in
a malpractice suit because this is a very technical area of the
law. Medical malpractice suits are governed by special rules
with unique provisions and are among the most difficult lawsuits
to win.
DON'T DELAY! There is a limited period of time that you have
to file a malpractice lawsuit.
REVIEW YOUR CREDIT REPORT
When the time comes for an important transaction, such as
buying insurance, taking out a mortgage, or applying for a job,
having good credit can be critical. Second only to having good
credit is being able to prove it in writing in a consumer report
compiled by one of the credit reporting agencies (CRAs) that
have credit information on millions of Americans.
By law, a consumer has the right to request a copy of a report
from a CRA, and that right should be exercised every year to
check on the accuracy of the report's contents. If you detect
errors in your report, the process of setting the record straight
involves contacting both the CRA and the provider of the information
in dispute. A consumer's rights are as follows:
* If disputed information cannot be verified, the CRA must
delete it;
* If there is inaccurate information, the CRA must correct
it;
* If there is incomplete information, such as a record that
shows that a consumer made late payments but does not show that
the consumer is current, the CRA must complete it;
* The CRA, having changed or removed information after a reinvestigation,
may not put it back in the file unless the information provider
verifies the information and the CRA gives advance notice to
the consumer;
* The CRA must delete any account not belonging to the consumer;
and
* If requested by the consumer, the CRA must send notices
of a corrected report to anyone who received it in the preceding
six months, or two years if received for employment purposes.
If the credit story told by a consumer report is sad but true,
the best ally for a consumer who has changed his ways is the
passage of time. As a general rule, accurate negative information
in a report can stay there for only seven years. There are some
exceptions for which the "shelf life" of negative information
is extended. For example, bankruptcy information may be reported
for 10 years, and there is no time limit for information on criminal
convictions. Similarly, there is no time limit for credit information
requested because of an application for a job paying more than
$75,000 or for an application for more than $150,000 worth of
credit or life insurance.
FCA WILL PAY
Do you know of someone who defrauded the federal government?
Are you willing to bring a lawsuit on the government's behalf?
If so, the government may be willing to pay you under a federal
law known as the False Claims Act (FCA).
The FCA allows individuals to bring a lawsuit on behalf of
the government. If successful, these lawsuits benefit taxpayers
generally, but they also benefit the person bringing the suit
specifically. To "reward" the person who uncovered
the fraud and brought the claim in the first place, the FCA allows
successful plaintiffs to keep between 15% and 30% of the amounts
recovered.
Although the most common kind of FCA lawsuit arises when the
government overpays a contractor who has submitted a false or
"padded" bill, such a lawsuit can also arise where
companies knowingly sell defective items to the government, keep
money paid to them by mistake, and commit other acts of fraud.
CASE BY CASE
An Expensive Tee Shot
Angela invited Juan to her golf club for a round of golf and
a sales pitch as to why he should come to work for her family
business. Juan was new to golf and Angela did not fill him in
about basic golf etiquette. Juan teed off on the first hole when
another golfer on the same hole was only about 70 yards down
the fairway. Juan's tee shot hit the golfer in the eye, causing
permanent partial loss of vision and a scar.
The injured golfer sued Angela for negligence for not controlling
her guest, as required under the club's rules. She argued that
Angela should have stopped Juan from teeing off before the fairway
was clear. Apparently the argument was convincing, because the
case was settled for a substantial amount of money before it
could get to a jury.
VIOXX DANGER!
Vioxx, a popular arthritis drug, has been withdrawn from the
market by its manufacturer, Merck & Co., Inc. Merck is advising
patients who are currently taking Vioxx to contact their health-care
providers to discuss discontinuing the use of Vioxx and possible
alternative treatments.
Vioxx has been associated with serious and potentially life-threatening
conditions, including:
* Heart Attacks
* Blood Clots
* Liver Problems
* Stroke
* Kidney Failure
If you are currently taking Vioxx, contact your doctor immediately.
If you have suffered from any of these conditions, contact our
firm to discuss your legal rights.
DO'S AND DON'TS IN A LAWSUIT
While no one looks forward to being involved in a personal
injury lawsuit, keeping in mind some simple do's and don'ts should
help to make your case as simple as possible.
* DO keep all appointments regarding your case, especially
those with your lawyer and your doctor(s).
* DON'T keep any information about your injuries from either
your lawyer or your doctor, even if you think this information
is obvious.
* DO keep accurate records about your expenses (especially
about your prescriptions), any time you miss from work, and all
other expenses related to your case. Receipts are helpful.
* DON'T forget that the defendant's insurance company is on
the other side of your case. It does not represent you and it
does not have your best interests in mind.
* DO maintain contact with your lawyer, ask about anything
you do not understand, and communicate your thoughts and concerns.
Remember that your lawyer's paralegal can answer many questions.
* DON'T listen to legal advice from friends, family, and other
amateurs. You hired your lawyer because he or she is the expert.
* DON'T discuss your case with strangers.
* DO keep a positive attitude.
THANKS FOR THE REFERRALS
Despite this modern age of marketing and advertising,
the best source of our new business is word of mouth. We are
grateful that many of our clients and friends feel confident
in recommending our firm.
Unfortunately, when many people need a good lawyer, they
do not know where to turn. If you or someone you know has been
injured and needs legal help, call us.
HELP TO PROTECT YOUR CHILD
It's a parent's worst nightmare. Your child is walking home
and a predator tries to pick her up. What can parents do to help
protect their child?
1. Make sure your child has a plan. Parents have
to be the safety experts and safety instructors. Teach your child
a plan to use in an emergency situation.
2. Make sure the plan is specific. Help your child
develop techniques to avoid panicking in a frightening situation.
Stress smart choices, not scared reactions.
3. Stranger does not necessarily equal danger. It
is more important that a child recognize a dangerous action than
a potentially dangerous person. A stranger who drives by in a
car and waves is not dangerous, but if the stranger stops the
car, gets out, and approaches your child, that is a
dangerous action.
4. Focus on what to do. A long list of "do nots"
will only confuse a child.
5. Make "No" an action verb. A child can
express "no" by screaming for help, kicking, and/or
running away. In a dangerous situation, actions speak louder
than words, even if it means being rude to an adult.
SMOKE ALARMS: INEXPENSIVE GUARDIAN
ANGELS
If you could pay $10 and, in return, get a guard who would
warn your family if your house caught fire, would you? Of course
you would. Despite this, most people do not have enough smoke
detectors in their homes--detectors that will stand guard over
your family's lives 24 hours a day. The evidence shows that using
even an inexpensive smoke detector increases your family's chance
of surviving a house fire by 50%, making it one of the best investments
you can make for your family's safety.
Experts recommend installing smoke detectors, the cheapest
of which start at about $10, throughout your house. At a minimum,
install one detector for every floor and one outside of each
bedroom. Test your smoke alarms once a month, and replace the
batteries once a year. Make sure that every member of your family
knows (1) what to do when the smoke alarm sounds, and (2) the
fire escape route from each room. A little advance planning can
help make sure that you and your family have a better chance
if a fire should start in the night.
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For more information,
contact us at 813-254-7770, or by e-mail
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