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		<title>Choosing and Working with a Mesothelioma Attorney</title>
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		<pubDate>Fri, 25 Sep 2009 02:08:00 +0000</pubDate>
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		<description><![CDATA[Mesothelioma is a rare but fatal form of cancer that almost always develops as a result of asbestos exposure. This disease typically affects the lining that encases the lungs, but can also occur in the chest or abdominal cavity. Most people with mesothelioma will die within one to five years of diagnosis, depending on how ]]></description>
			<content:encoded><![CDATA[<p>Mesothelioma is a rare but fatal form of cancer that almost always develops as a result of asbestos exposure. This disease typically affects the lining that encases the lungs, but can also occur in the chest or abdominal cavity. Most people with mesothelioma will die within one to five years of diagnosis, depending on how far advanced their disease is. Being diagnosed with mesothelioma is a distressing time for the sufferer and their family, and it can be difficult to cope with the strain and expense of dealing with the disease.</p>
<p>The stress of coping with the expense of treatment and lifestyle changes associated with mesothelioma can be alleviated considerably by employing an attorney who can help you fight for compensation from the company that was responsible for your asbestos exposure. A mesothelioma attorney who is experienced at dealing with these types of cases can work with you to secure not only compensation, but also justice for the pain and suffering you experience.</p>
<p>Choosing your Attorney</p>
<p>Choosing a mesothelioma attorney may seem like a daunting task-there are many attorneys who are specialized in dealing with such cases. Ideally you&#8217;ll want to choose an attorney who has plenty of experience, with a proven track record of winning or settling lawsuits successfully. Of course, no attorney will be able to tell you any personal details about the clients they have worked with, but a good attorney should still be able to provide you with general details such as how many cases they have dealt with, how quickly these cases were resolved, and the amount of compensation their clients received.</p>
<p>There are several other questions you should ask when selecting an attorney. One of the most important is how the fees for your case will be handled. Most people with mesothelioma will find that money is tight, and because of this, many attorneys work on a contingency basis. This means your attorney is paid only when you receive compensation-if you do not receive any money, the attorney does not charge a fee.</p>
<p>It&#8217;s also a good idea to ask a prospective attorney what your role will be in the case, and how the case will be handled. Try to get an overview of what the process will be like, both before and during the court case. You may also want to ask the attorney what percentage of their mesothelioma cases were settled out of court. Many cases of this type are settled before the court date, and this not only means the process is completed more quickly, but it also puts much less strain on you.</p>
<p>Selecting your attorney as quickly as possible once you have been diagnosed with mesothelioma is important. All states have a statute of limitations on this type of case, which means that if you do not file a lawsuit within a certain period of time, you lose your right to make a claim. In most states, this period is one to three years after diagnosis-your attorney will know all the details, but your job is finding that attorney quickly to prevent any unnecessary delays in getting your case resolved. However, do not feel pressured to select the first attorney you talk with-in most cases there will be time to talk to several different people and choose the one that you feel most comfortable with.</p>
<p>Working with your Attorney</p>
<p>Once you have chosen an attorney, the next step is working with them to put together the facts of your case. This can be a somewhat difficult task, simply because there can be a gap of up to 40 years between asbestos exposure and mesothelioma diagnosis. That means it may be hard to remember exactly when, where and how you were exposed to asbestos. Your attorney will be able to help you with this-most attorneys will have considerable research tools at their disposal, and you won&#8217;t need to do any of this work alone.</p>
<p>Most mesothelioma attorneys will make every effort to build a case with as little inconvenience to you as possible. In most cases, you&#8217;ll be required to sign documents that give your attorney the legal right to gather medical and other relevant information. You may need to give depositions to your attorney and perhaps to the defendant&#8217;s attorney as well. An experienced mesothelioma attorney will understand that you may not be up to repeated visits to their office and will do their best to make sure the process does not put too much strain on you.</p>
<p>Nick Johnson is lead counsel with Johnson Law Group.  Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit <a rel="nofollow" target="_blank" target="_blank" href="http://www.johnsonlawgroup.com">http://www.johnsonlawgroup.com</a></p>
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		<title>Life Cycle of a Medical Malpractice Lawsuit ? an Overview (Part III)</title>
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		<pubDate>Mon, 21 Sep 2009 10:17:27 +0000</pubDate>
		<dc:creator>Judy Greenwood Esq. Stephen Ulan Esquire</dc:creator>
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		<description><![CDATA[Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This is intended only as the most general overview of what these suits entail and is based generally on the laws and procedures in Pennsylvania, where the authors practice law. In ]]></description>
			<content:encoded><![CDATA[<p>Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This is intended only as the most general overview of what these suits entail and is based generally on the laws and procedures in Pennsylvania, where the authors practice law.</p>
<p>In Part I, we discussed pre-suit matters and pleadings. In Part II, we discussed discovery and trial. In this, the final Part, we will discuss post-trial matters.</p>
<p>Post trial proceedings</p>
<p>After trial, the parties are allowed to file various motions challenging the result on legal grounds, in other words, that there has been some legal error during trial. These are called post-trial motions, and if they are not filed, then a party is generally prevented from filing an appeal. It is most unusual for a motion challenging the factual findings of the judge or jury to be granted unless there is simply no evidence to support the factual basis of the verdict.</p>
<p>There may also be a motion necessary to add interest to the verdict if plaintiff has prevailed. This interest, sometimes called delay damages, is calculated in Pennsylvania based upon Rule of Civil Procedure 238.</p>
<p>Only after final decision of all such motions may a party displeased with the result file an appeal to the next level of court. Those appeals do not retry the facts of the case, but are based upon legal issues?some of those issues may contest the admissibility of certain evidence, but almost never successfully challenge a jury?s finding if based upon admissible evidence. It is not the role of the court, either appellate or trial court, to substitute its evaluation of the evidence for that of the jury so long as there is some admissible evidence upon which the jury relied. As a result, challenges that only question the evidence, rather than legal issues relating to the evidence, are generally unsuccessful</p>
<p>And finally, usually years after the litigation process began, itself usually one to two years after the injury was suffered, the case is over. Of course, with appeals, cases can take a very long time. In Philadelphia County, it can take two years after a case is filed for a medical malpractice case to go to trial. If there is an appeal, that can take one or more years. If the appeal is successful, there may be a new trial, etc.</p>
<p>Keep in mind this is a very general overview. Each jurisdiction has its own body of court rules dictating procedures, and its own body of statutes and court decisions controlling the substance of medical malpractice law. This article is based on Pennsylvania procedures (generally), in particular, Philadelphia County Because of this, what is permissible procedure in one state may not be in another. What is good law some places may not apply elsewhere. Some states put a cap on pain and suffering damages and others do not. Some states recognize certain liability theories that others do not. Because of this, it is most important that parties be represented only by attorneys with experience in this field of law in the locale in which it is to be tried.<br />
<hr />Philadelphia medical malpractice attorneys Judy Greenwood and Stephen Ulan have represented victims of medical negligence for 25 years. Their office handles medical malpractice, personal injury and catastrophic injury cases, and is located at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103. <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="mailto:JudyWynnewood@aol.com">Email Attorney Judy Greenwood</a> or <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="http://greenwoodlawoffice.com/">Visit Attorney Judy Greenwood?s website.</a>
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		<title>Life Cycle of a Medical Malpractice Lawsuit ? An Overview (Part I)</title>
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		<pubDate>Wed, 26 Aug 2009 10:23:42 +0000</pubDate>
		<dc:creator>Judy Greenwood Esq. Stephen Ulan Esquire</dc:creator>
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		<description><![CDATA[Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This article is intended only as the most general overview of what these suits entail. Pre-suit First of all, one must have suffered significant harm (either a direct measurable harm or, ]]></description>
			<content:encoded><![CDATA[<p>Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This article is intended only as the most general overview of what these suits entail.</p>
<p>Pre-suit</p>
<p>First of all, one must have suffered significant harm (either a direct measurable harm or, in many states, an increased risk of harm or a loss of chance of recovery) as a result of substandard medical care. A claim of provable negligence or carelessness without harm or harm without a negligent cause both will lead nowhere. Further, even with negligence and related harm, in light of the expense and risk inherent in these suits, the damages must be substantial. No attorney will willingly risk $50,000 or more in advanced costs, a fairly typical investment in mostly expert fees and deposition expenses, and perhaps hundreds of work hours, if the predicted recovery will not be sufficient to carry these costs and fairly compensate the injured client. An attorney with experience in this field, before committing to litigate, will broadly and deeply investigate the claim and damages with the assistance of medical experts. To do less is to do a disservice to the client by getting him or her involved in a suit with little chance of success and exposing the client to what for many is an emotional roller coaster ride.</p>
<p>Commencement of suit</p>
<p>Once that threshold is met, suit is commenced with the papers mandated by the jurisdiction in which it is brought. In many, if not most, locations the plaintiff is required early in the life of the litigation to file of record some sort of documentation attesting that the matter has been reviewed by competent physician expert(s) who believes that based upon the information available, there was negligence which caused harm. The failure to file this document, where required, may lead to the suit being thrown out of court. While this device may eliminate many of the suits that defendants label ?frivolous,? it also makes it incredibly difficult to pursue claims based upon faulty or absent hospital policies or oversight when the documentation needed to prove such claims, and support the certificate of merit, cannot be obtained in advance of suit so that a certificate may be filed. Such matters usually will not be revealed in the patient?s medical records, typically the only documents a patient can obtain pre-suit.</p>
<p>Pleading</p>
<p>Next in the ?pleading? stage is the defendant?s response to the complaint. Depending upon the jurisdiction, the defendant might be able to attack the complaint on legal grounds such as not being sufficiently factually specific, improper form, or even that the allegations, even if true, fail to make out a recognized claim of malpractice. Alternatively, the defendant may directly answer the complaint with direct responses to what plaintiff has alleged and further, stating affirmative defenses (like, for instance, someone else, or even plaintiff, was responsible for the harm alleged, or too much time has passed since the occurrence in violation of the statute of limitations), The plaintiff, or course, may then reply to the affirmative defenses stated by the defendant. In some situations, the defendant, when blaming another party not yet involved in the lawsuit, will join new parties who then have the right to file pleadings such as an answer. The pleadings set limits on the theories of liability that may be asserted at trial, and the theories of defense which may be used.</p>
<p>In Part II, we will discuss discovery and trial.</p>
<p>Keep in mind this is a very general overview. Each jurisdiction has its own body of court rules dictating procedures, and its own body of statutes and court decisions controlling the substance of medical malpractice law. Because of this, what is permissible procedure in one state may not be in another. What is good law some places may not apply elsewhere. Some states put a cap on pain and suffering damages and others do not. Some states recognize certain liability theories that others do not. Because of this, it is most important that parties be represented only by attorneys with experience in this field of law in the locale in which it is to be tried.<br />
<hr />Philadelphia medical malpractice attorneys Judy Greenwood and Stephen Ulan have represented victims of medical negligence for 25 years. Their office handles medical malpractice, personal injury and catastrophic injury cases, and is located at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103. <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="mailto:JudyWynnewood@aol.com">Email Attorney Judy Greenwood</a> or <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="http://greenwoodlawoffice.com/">Visit Attorney Judy Greenwood?s website.</a>
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<h3  class="related_post_title">Related article:</h3><ul class="related_post"><li><a href="http://www.anelitenotary.com/legal/life-cycle-of-a-medical-malpractice-lawsuit-an-overview-part-iii.html/" title="Life Cycle of a Medical Malpractice Lawsuit ? an Overview (Part III)">Life Cycle of a Medical Malpractice Lawsuit ? an Overview (Part III)</a><br /><small>Until you have been involved in a medical negligence suit, you probably will not appreciate how time consuming, expensive, and difficult they usually are. This is intended only as the most general overview of what these suits entail and is based gene...</small></li><li><a href="http://www.anelitenotary.com/legal/the-failure-to-diagnose-breast-cancer-case.html/" title="The Failure to Diagnose Breast Cancer Case">The Failure to Diagnose Breast Cancer Case</a><br /><small>According to the American Cancer Society, 192,370 women in the United States will develop breast cancer this year. With routine self breast examination, yearly mammograms, and proper surveillance, we expect that if we develop breast cancer it will be...</small></li><li><a href="http://www.anelitenotary.com/legal/the-birth-injury-case-proving-malpractice-part-ii.html/" title="The Birth Injury Case: Proving Malpractice (Part II)">The Birth Injury Case: Proving Malpractice (Part II)</a><br /><small>Nothing is more devastating than having a child born with a brain injury. Discovering that the birth injury could have been prevented, or was the result of a doctor?s or hospital?s or other medical provider?s malpractice, however, only compounds the ...</small></li><li><a href="http://www.anelitenotary.com/legal/medico-legal-implications-of-high-blood-pressure-during-pregnancy.html/" title="Medico-Legal Implications of High Blood Pressure During Pregnancy">Medico-Legal Implications of High Blood Pressure During Pregnancy</a><br /><small>There are several conditions that mothers may develop during their pregnancy, all of which can adversely affect the health and well being of the mother or her baby if left undiagnosed and not properly treated. One of these conditions is called ?pre-e...</small></li><li><a href="http://www.anelitenotary.com/legal/negative-effects-of-medical-malpractice.html/" title="Negative Effects of Medical Malpractice">Negative Effects of Medical Malpractice</a><br /><small>Every year, medical malpractice is a serious problem for thousands of people across the country. Medical malpractice occurs when a heath care professional fails to provide a patient with a standard quality of care which results in injury or harm to t...</small></li></ul>]]></content:encoded>
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		<title>The Failure to Diagnose Breast Cancer Case</title>
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		<pubDate>Wed, 08 Jul 2009 15:16:46 +0000</pubDate>
		<dc:creator>Judy Greenwood Esquire</dc:creator>
				<category><![CDATA[Legal]]></category>
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		<category><![CDATA[breast]]></category>
		<category><![CDATA[Cancer]]></category>
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		<description><![CDATA[According to the American Cancer Society, 192,370 women in the United States will develop breast cancer this year. With routine self breast examination, yearly mammograms, and proper surveillance, we expect that if we develop breast cancer it will be detected at its earliest stage and with treatment, our chance for survival and cure will be ]]></description>
			<content:encoded><![CDATA[<p>According to the American Cancer Society, 192,370 women in the United States will develop breast cancer this year. With routine self breast examination, yearly mammograms, and proper surveillance, we expect that if we develop breast cancer it will be detected at its earliest stage and with treatment, our chance for survival and cure will be excellent. But what happens when our mammograms are misread or our doctors make mistakes? During any given year a certain number of women find themselves in that very situation. The damage having been done, their only course of action may be litigation to compensate them for their harm and to prevent the catastrophe from occurring to other women.</p>
<p>WHAT DO I NEED TO PROVE?</p>
<p>To maintain a successful medical malpractice case, it will be necessary for the victim to prove that the doctor, nurse, or other healthcare provider who cared for you deviated from the accepted standards of medical care for his or her profession; in other words, that the doctor or other provider was negligent and/or careless. You must also prove that the doctor?s negligence caused your resulting harm. Because the doctor did not give you the disease and your claim involves the delay in diagnosing your condition in a timely fashion, proving ?causation? is usually the more difficult aspect of your case. The result of the negligent delay can be proven by showing the progression of the disease from one earlier stage to the next, and comparing the treatments necessary at each stage with the statistical survival rates from one stage to another. The damage claim you make is one that revolves around your ?increased risks?.</p>
<p>HOW DO I PROVE MY CASE?</p>
<p>Your lawyer should hire medical experts in the same field as the physician or nurse involved in the care; these experts can offer opinions to a reasonable degree of certainty (the legal standard that applies to these types of cases) that the care was ?substandard.? Thus, for example, cancer specialists can give opinions regarding the harm caused by the diagnostic delay. Most of the trial time in this type of case is taken up with the testimony by the competing experts for the person suing and the person being sued, with a jury determining the outcome.</p>
<p>WHAT DO I NEED TO HAVE MY CASE EVALUATED?</p>
<p>You will need all of your medical records. These must include the records of the doctor or other healthcare professionals who misdiagnosed your condition, as well as the records of the physicians who ultimately diagnosed your condition and provided you with care. Those records should be reviewed by an experienced medical malpractice lawyer, and experts who can opine about the quality of the care and the effect the substandard care had on your treatment and your chances of survival.</p>
<p>WHAT CAN I EXPECT IF I HAVE A GOOD CASE AND DECIDE TO SUE MY HEALTHCARE PROVIDERS?</p>
<p>Doctors, hospitals and other healthcare providers aggressively defend against medical malpractice or medical negligence cases, and many of these cases do not settle and go to trial. You can expect that it will take a few years before your case is listed for trial. During that time, you will be asked to answer written questions regarding your personal history, your medical care, your work and family history, other lawsuits you may have been involved in, and other questions. You will be asked to sit for a deposition where you will be asked questions by the defendants? lawyers, and your testimony will be transcribed and/or recorded on videotape. There will be meetings with your attorney to prepare you for your deposition and for court. Photographs or videotapes of you, your treatment, and its effects may be necessary. You can expect that your family and significant others may be questioned as well.</p>
<p>WHAT WILL HAPPEN TO THE DOCTOR IF I WIN MY CASE?</p>
<p>A medical malpractice or medical negligence case is a civil action for money compensation. It is not a criminal case and does not typically involve punishment for wrongdoing. A money award to compensate for your harm is the only outcome of such a case. Neither the doctor?s license nor his ability to practice is affected. Any settlement or verdict against a physician is, however, a reportable event under the National Practitioners Data Bank. While not open to the public, this data bank can be accessed by hospitals and health care providers when reviewing a physician?s application for privileges or hire, and does remain on the physician?s record.</p>
<p>WHAT SHOULD I DO IF I THINK I HAVE BEEN THE VICTIM OF MALPRACTICE AND MY CANCER DIAGNOSIS DELAYED?</p>
<p>You should consult an attorney who handles medical malpractice cases in the state where you received the negligent care. Because these cases require special expertise and experience, you should make sure you locate an attorney with the necessary experience in this area of the law. You will need to gather copies of your medical records so that they may be reviewed by expert physicians to determine if there was substandard care that caused you harm, and you must act quickly because there are statutes of limitations, which limit the time within which you can make a legal claim (in many states, such as Pennsylvania, the statute is two years; in some it is only one year). Make sure you document your ?damages? by keeping a record of your treatments and taking photographs of yourself in the hospital and at home following surgery, radiation, or chemotherapy treatments.</p>
<p>This handy Pennsylvania medical malpractice tip is provided by the Philadelphia medical malpractice law firm, The Law Offices of Judy Greenwood, P.C., at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103, www.greenwoodlawoffice.com, email JudyWynnewood@aol.com.<br />
<hr size="1"/>Philadelphia medical malpractice attorney Judy Greenwood has represented victims of medical negligence for 25 years. Her office handles all types of catastrophic injury cases with a concentration in medical negligence cases. The office is located at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103. <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="mailto:JudyWynnewood@aol.com">Email Attorney Judy Greenwood</a> or <a rel="nofollow" target="_blank" rel="met friend bookmark" target="_blank" href="http://greenwoodlawoffice.com/">Visit Attorney Judy Greenwood?s website.</a></p>
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