Think Before You Sue

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Think Before You Sue

I recently published an article entitled “Think Before You Sue” It was published in a local monthly magazine called the Beachwood Buzz, a monthly magazine circulated to all homes and businesses in the eastside suburb where my office is located. In that article I addressed some of the topics and concerns that many people have when they are injured and want to know if they should sue. The topics include: Do my injuries warrant a lawsuit? Can I afford the fees and expenses associated with litigation? Do I have a legitimate case? Am I too late? These questions were answered in the article and I would encourage you to read the article or call our office for a copy and we will be happy to mail one to you. The conclusion that I arrived at and that I explain to all victims of negligence is that litigation is complicated, expensive and consumes a great deal of emotional energy for everyone involved. Visit us for more information about your rights

I am so very tired of hearing about frivolous lawsuits and jackpot justice. I dare the politicians and the lobbyists to prove that lawyers file meritless lawsuits and recover huge amounts of money. It doesn’t happen! Those people that comment about lawsuit abuse are out of touch with what happens on a daily basis in courtrooms throughout the nation. The radio personalities that say the problem with our society is lawsuits and that too many people are looking to blame others and to hit the lottery when a little issue occurs are just plain ignorant and uninformed.

At Mishkind Kulwicki Law, we tell the truth and do not advance the myths. Our office handles a variety of complex cases with most of the cases arising from medical care. Sometimes the care warrants a lawsuit and sometimes it doesn’t. We do not file a meritless lawsuit and most lawyers don’t because it makes no sense to do so. If you want further proof, visit our website or call us to talk. We would be happy to advance the truth.

The bottom line is that you should trust your case to an experienced lawyer to determine your legal rights. In Doctor or Hospital Negligence cases we are often asked to determine if the outcome was due to negligence and whether a legitimate case exists. Most of the time, the doctor or hospital will not tell you whether they made a mistake. The doctors and nurses will meet after an adverse event occurs and will discuss the outcome behind closed doors to determine if the event was due to a mistake in the care or a system mistake in terms of the hospital not complying with standards dictated by The Joint Commission. Unfortunately, everything that is discussed in these peer review private conferences are protected so that you, the patient and your lawyer, will never know what was admitted to in the peer review conference or what was discovered. The aim of these conferences is supposedly to improve patient care at the expense of the patient or family that is injured. Therefore, when an adverse outcome occurs and the doctors and nurses know it should not have happened, forget thinking that they will come out and tell you we made a mistake, we are responsible. It does not happen and therefore you need an experienced lawyer to put the pieces of this complex puzzle together without the help of the doctors and nurses and hospital personnel that know full well that the outcome shouldn’t have happened.

Medical malpractice may be defined as a failure by a medical professional to follow a set of standard rules aimed at providing safe medical care to a patient. This may occur in the initial diagnosis of a patient, when a doctor fails to notice an important symptom or simply does not recognize a serious illness for what it is, possibly discharging the patient or prescribing the wrong treatment. It may also occur before or during any type of medical treatment or in post-operative patient care. Medication errors, surgical injuries, birth injuries, misdiagnosis and anesthesia errors are some of the primary types of medical malpractice cases the attorneys at Mishkind Kulwicki Law handle. We strongly support the belief that patients have the right to know and the right to receive proper treatment for their medical conditions, whatever they may be. We fight to get your answers and to let you know if litigation is right for you. While most doctors do not intend to harm a patient, so few doctors are willing to admit that they made a mistake when they harm a patient. Sometimes the harm should lead to compensation and other times there is no adequate remedy.Unlike other types of personal injury cases, the facts necessary to prove your case are based on the medical records and testimony of medical experts. Your attorney must understand the facts of medicine and the law to effectively prepare expert medical witnesses whose testimony is necessary for any successful medical malpractice or negligence case.

Ultimately, your attorney must explain the medical and legal issues to the jury and judge to recover the best settlement or verdict. Let us get your questions answered so you know whether your injuries warrant a lawsuit.

People interested in learning more about our firm’s legal services, including medical malpractice in Ohio, may ask questions or send us information about a particular case by phone or email. There is no charge for contacting us regarding your inquiry. A member of our medical-legal team will respond within 24 hours.

By David Kulwicki|2019-03-18T22:03:05+00:00July 2nd, 2012|Patient Safety|Comments Off on Think Before You Sue

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