People that are planning on having cosmetic surgery typically do not plan on having something go wrong. There are numerous cases where a doctor or surgeon’s negligence or malpractice makes a person who went through cosmetic surgery regret it. Cosmetic surgery lawsuits are very common and are not something to take lightly. This type of surgery is usually an amazing thing, but in some cases mistakes and risk do occur. The mind and body can be affected greatly and cause long-term problems for the person involved. It is important to find a surgeon based on their experience and certification, rather than on testimonials or photographs.
It can be hard to prove if a surgeon did in fact perform malpractice during a cosmetic surgery, but it is not impossible to do. A patient that was affected by malpractice needs to prove that the injuries or issues caused by the surgeon’s mistake were not caused by other events that interfered outside of the surgery. A patient also will need to prove that the surgeon did not give the proper care that was owed to the person getting the surgery done. Keeping photos of the injuries, dates of medical visits, and any other information about the surgery close at hand is very important in perusing a cosmetic surgery lawsuit.
A patient that has a legitimate cosmetic surgery lawsuit case is also sometimes entitled to economic losses, medical bills, emotional suffering, and punitive damages. Hiring a lawyer that has worked with other patients on lawsuits in this field is very important. A person who has been through a nightmare cosmetic surgery deserves only the best legal services possible. There are a lot of well-trained attorneys that can help with information, lawsuits, and legal advice in the field of cosmetic surgery. The Internet is a great place to start.
Medical malpractice is perhaps the most complex, confusing and difficult legal suit to win. Here are several factors that come into play in these cases:
• The dollar caps in medical malpractice suits vary from state to state.
• As well, the statute of limitations for filing a suit varies from state to state.
• In cases that were brought over 70% fail. Only 15% are adjudicated.
• 90% of the physicians accused of malpractice are found to be innocent.
• The costs of bringing a malpractice case are exorbitant, usually upwards of $110,000.
Each malpractice case is unique. The factors and circumstances involved must be studied in detail. Some of the most obvious cases are:
• The diagnosis is inadequate or inaccurate.
• The surgeon makes an error causing further injury or death.
• Another example would be a birth injury causing cerebral palsy.
• The wrong medication or lack of proper medication caused a complication leading to injury.
• Nursing home malpractice.
The key principle of malpractice is whether an “error” was committed and whether that error caused an injury or made an injury worse. This is referred to as the “Standard of Care.”
The decision as to whether or not bring a suit hinges on the extent to which this Standard of Care was breached. At this point you need an experienced attorney in the field of medical malpractice. He/she must be able to read and interpret such tests as MRI, CAT scan and pathology reports to determine if there is enough evidence to bring a suit.
If there is a basis for a suit then a set of supporting factors become important. Here are a few examples:
• Was the injury such that the plaintiff cannot return to his/her normal occupation?
• What is the life expectancy to the plaintiff?
• Will dependents be left without a means of support?
• What is the extent and predicted length of recovery if any?
• What expenses will be incurred during the recovery period?
• How much out of pocket expenses were incurred by the plaintiff?
• What was the amount of awards in similar cases?
Medical expert witnesses will be called to testify. If a surgeon committed an error, then a “Board Certified” surgeon would be the expert witness.
Another complex factor is the matter of “subrogation.” In these cases, Medicare, Medicaid or a private insurance paid for expenses while in the hospital. Here is the sticky point. The expenses incurred by the insurance provider must be repaid out of the proceeds of the settlement before any disbursement is made from an award.
Thousands of Americans are harmed by chemicals every year. Some of these casualties result from accidents, such as the spilling of hazardous agents. Many other cases are more subtle, and result from the exposure to chemicals that are found in less conspicuous places or in consumer products. Still other cases of physical harm result from the exposure to chemicals over a long period of time. The victims of chemical injuries are entitled to compensation for their physical pain and related hardships. It is these victims who need the services of an injury attorney Chicago.
Although chemicals lend much to the comfort, convenience and cleanliness associated with modern living, they pose many threats to those who use them directly or encounter them on an indirect basis. Benzene, which is found in medications, dyes and petrochemicals, has been linked to such blood diseases as leukemia and anemia. Ammonia, which is an ingredient in cleaning agents and is used in medicines and fertilizers, can be harmful to the eyes and the skin and can cause respiratory problems. Chloroform is important to the pharmaceutical industry, but exposure to it can adversely affect the liver, kidneys and central nervous system.
The health effects of many materials, including asbestos, tobacco and pesticides, are widely known. However, some products that by their nature should be harmless, including cosmetics and perfumes, may also contain chemicals that can adversely affect their users. Manufacturers and merchants can be legally responsible for ailments caused by the use of their products.
In accordance with federal guidelines, industries are required to take steps to protect their employees from dangerous chemicals. Nevertheless, accidents and injuries continue to occur as a result of the improper use, storage or disposal of these agents. On a larger scale, chemical spills on land and in the water have been known to cause great harm to entire communities. In such cases, a class action lawsuit may be the only way to compensate for the collective suffering by the employees of a company or the residents of a community.
Personal injury cases can be complicated. Corporations often employ legal teams that are dedicated to protecting their clients, even to the point of questioning the injury itself. It is for this reason alone that the victims of chemical injuries need proper legal representative to assure that their rights are protected. This can be achieved by securing the services of a personal injury attorney Chicago.