Is Attorney's Fee Factored Into Settlement Demand When Negotiating Your Medical Malpractice Case?

When Negotiating a Medical Malpractice Case is Attorneys Fee Ever Factored Into Settlement Demand?
https://www.oginski-law.com/library/does-jury-consider-your-attorneys-fee-when-deciding-money-.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

In a medical malpractice lawsuit in New York, the attorney’s fee is based on a sliding scale.

When your lawyer begins negotiating your case with the opposing attorney, does he take into account how much his expenses are as well as his attorney’s fee?

The short answer is no, but the longer answer is maybe.

If your lawyer tells you that your case is worth million dollars and you say that you want to get at least million in your pocket after attorney’s fees and expenses, then the attorney has to take that into account when making a settlement demand.

An attorney can tell you how much money you’ll walk away with since he knows what his legal expenses are on your case and can tell you, down to the penny, what his fee will be if he’s about to obtain a specific amount of money.

Most lawyers have a software program that allows them to tell you how much you’ll receive if you obtain a certain amount of money. If the client is demanding and say “I need to have X dollars in order to settle my case,” then your attorney can adjust his demand to hopefully arrive at your ideal number or at least somewhere in the range of what he believes is an appropriate settlement number for your case.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: https://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, https://www.oginski-law.com/library/does-jury-consider-your-attorneys-fee-when-deciding-money-.cfm‬

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
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Jury awards family $130M in Beaumont malpractice case for boy with cerebral palsy

A local family has been awarded one of the largest medical malpractice settlements in Michigan history. Attorneys representing the Tran family announced Tuesday a jury awarded a 0,571,897 settlement on behalf of the boy who suffers from cerebral palsy.  Following the three-week medical malpractice case in Oakland County, the jury found that two Beaumont Hospital medical technicians “caused severe and permanent brain damage resulting in cerebral palsy.”

Why Won't Attorney Take My Medical Malpractice Case? | Indiana Attorney Shares Insight

http://www.davidholublaw.com #IndianaLawyer

One question we often hear is, “Why will no attorney take my medical malpractice case?” Hi. I’m Indiana personal injury attorney David Holub. Oftentimes, we’re called by people who have called other attorneys and they find that nobody wants to take what they consider to be a good medical malpractice case, and the question is, “Why is that?” Specific reasons may vary, but one of the reasons that is always important is “Was there a serious injury?” If there was not a serious injury, it does not pay financially to try to pursue a medical malpractice case. You could be spending thousands of dollars on experts because you have to have an expert for a medical malpractice case. And if your injury is not serious, then most attorneys will tell you up front your injury is not serious enough to warrant pursuing a case. Another reason why your medical malpractice case is not accepted by an attorney is that sometimes doctors do things right, but get bad results. There’s no guarantee in the medical field, just like there’s no guarantee in the legal field, and sometimes doctors can do everything right, but not get the result that you hope for or that they hope for–that doesn’t mean that there’s been medical malpractice. Another reason why your case might be refused by an attorney is that too much time has passed. In Indiana, generally, it’s a two year statute of limitations time period. There are always exceptions, so call us. But if the attorney you talk to finds out that more than the two years time period has passed and they don’t discover any solid basis for allowing you to avoid that bar to filing an action, you probably won’t find the attorney accepting your case. Another situation which frequently leads to an attorney not accepting the case is if a doctor has no medical malpractice insurance. Sometimes the worst doctors practice without malpractice insurance. Another reason why an attorney may not accept a case is if a person has died and there’s no beneficiary who can recover. It’s very important if an elderly person dies that there be a beneficiary to pursue a case. For example, if someone elderly in a nursing home dies without any heirs or any dependents, that may justify not pursuing a case even though there has been what you would call substandard care and a serious injury. Another reason why an attorney may be reluctant to take a case is if the bills have been paid by Medicare and there is a huge Medicare pay-back lien. The law is that if Medicare pays for medical care and treatment, they get money back out of a lawsuit. So, for example, if a person is injured and is in a nursing home, and all of the bills for their injury are being paid by Medicare, sometimes it doesn’t make good economic sense even if there’s solid malpractice and solid damages to pursue that case because all the money, or a good percentage of it, would go back to the government to payback Medicare. Please consult our website for additional informational videos. Thank you.
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VA Medical Malpractice

Victims of VA medical malpractice who have been severely harmed by VA doctors or VA hospitals are entitled to receiving money damages for their pain and suffering and other losses. In the case of a wrongful death, the late veteran’s spouse or dependent may sue the VA.

VA Medical Malpractice Attorney Eric Gang goes through the basics of this type of cases and exposes some of the strategies he has used to help hundreds of victims of medical negligence receive the compensation they deserve.

Eric Gang has litigated well over 500 appeals at the U.S. Court of Appeals for Veterans Claims, and has recovered literally millions of dollars on behalf of veterans and their families.

Find more information on veteransdisabilityinfo.com or call us at:

(908) 850-9999
(888) 878-9350 (Toll free)
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How a Malpractice Lawsuit Affected Me - What Happens to Doctors.  Medical Justice 877-633-5878

How Malpractice Affected Me – What It Does to Doctors. Medical Justice – Visit us online at https://goo.gl/Ddj3Cx or call 877-633-5878.

Being sued as a doctor is a very lonely experience. I’d like to say I have no experience with it, sadly, I do.

I was sued one time for what I perceived to be a frivolous reason. This was a many-month odyssey. Ultimately I was dropped a few weeks before trial. I never felt as if I won anything, only lost less. But that’s when I started Medical Justice.

What does it mean to be sued? What will you experience? Well, you’ll be on the receiving end of a letter. And the letter will state that “With reckless and wanton disregard, for the safety of the patient, you’ve committed negligence.

So this is a very disheartening experience because every doctor that I know, wakes up in the morning, hoping to do the best possible job for his or her patient.

You will be judged by 12 people, a jury, who typically have little to no knowledge of medicine yet they’ll be there trying to analyze and distill very complex medical topics and having to render a judgment as to whether you did right or did not do right by your patient.

The average case lasts approximately four years from beginning to end. We’ve had some clients whose cases were filed in a different century, meaning that 1998 or 1999. So imagine having to live with a particular case for more than a decade. It boggles the mind.

You will hear language from an expert, concepts from an expert that bare zero to no relation to anything that you were taught yet these are experts who have pretty good communication skills and are able to connect with the jury. You’ll be told that jurors should not go online to look at reviews of you, the doctor. But it’s human nature. You know they’re going to go online. And if they see that you’re an arrogant individual, you don’t listen. I think that plays a role in terms of helping a juror make a decision, right or wrong about whether you’ve committed malpractice.

You’re told to hold it inside. You’re told not to communicate with anyone. I don’t know about you but it’s very difficult to hold a very stressful event inside and not talk to your colleagues, your peers, or even your family about this particular matter. In short, it is a very stressful experience.

Attorneys will ask me, “Why don’t we just treat it like an automobile accident and just turn it over to our carrier and be done with it?” The short answer is because the two have nothing in common. When you’re sued, it is an assault on your reputation. Who you are, what you do. When I’m sued for an auto accident, I don’t think myself the worst driver, I just turn it over to my insurance carrier and I’m done with it. But when someone sues you and says that you injured them, we do take it personally. Right or wrong, we perceive it as an assault on our reputation.

For more information or to join our mailing list, sign up at info@medicaljustice.com.

How Malpractice Affected Me – What It Does to Doctors. Medical Justice – Visit us online at https://goo.gl/Ddj3Cx or call 877-633-5878.
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Presuit Considerations in Medical Malpractice Cases

If you are going to pursue a medical malpractice lawsuit, you first must complete the Presuit Investigatory Process. Learn more about this process in this video or read the related article here:
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The Malpractice - The Amazon Pull (Music from The Following)

The Malpractice – The Amazon Pull (The Following – Season 2)
Check out the new video from The Malpractice: The Big Empty: https://www.youtube.com/watch?v=5h5qS-00Vzs&list=UUCkLY_ouudGBVrGrDUXg9xw
Get it on bandcamp: http://crunchyfrog.bandcamp.com/album/mass
Get it on iTunes: https://itunes.apple.com/dk/album/mass/id805162891
Facebook: https://www.facebook.com/themalpractice
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3 Ways to DESTROY a Witness' CREDIBILITY at Trial; NY Malpractice Attorney Gerry Oginski Explains

3 Ways to DESTROY a Witness’ CREDIBILITY at Trial
http://www.oginski-law.com/library/credibilitythe-most-important-part-of-your-lawsuit.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

This is a Facebook Live video.
In today’s topic I discuss not one, not two but three different ways to destroy a witness’ credibility at trial.

Here’s a summary…

(1) Show they contradicted themselves using their own words during pretrial questioning.
(2) Show that they told a little white lie.
(3) Show that they lied about a criminal conviction.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/credibilitythe-most-important-part-of-your-lawsuit.cfm

If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
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Nursing malpractice

This video is about My Movie 2
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The Top 5 Medical Specialties With The HIGHEST Malpractice Rates!

This video discusses the top 5 medical specialties with the highest malpractice rates. Malpractice insurance cost varies by specialty, location, and other factors. I focus on which medical specialties get sued the most each year. They are all surgical fields, which is interesting. If you want to know which medical specialties have the highest malpractice rates watch this video to find out!

Top 5 Highest Paid Doctors:

Top 5 Hardest Medical Specialties To Get Into:

Top 5 Least Paid Medical Specialties: https://youtu.be/VpkKNmRWetQ
Top 5 Happiest Medical Specialties: https://youtu.be/RRLGOmfcpoE
Top 5 Most Burned Out Medical Specialties:

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Data Link: https://www.nejm.org/doi/full/10.1056/NEJMsa1012370
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We Happy Few FULL RELEASE is here! We Happy few gameplay lets play walkthrough! We Happy Few’s story will follow three unique characters; Arthur Hastings, Sally Boyle, and Ollie Starkey. 👇🏻 MORE INFO DOWN BELOW 👇🏻Buy We Happy Few on GOG and support Odd ► https://odd.gg/buywhf

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Negligence and Malpractice

Negligence and Malpractice

Wonderful nurses from UWO, This drama was part of our a class projects. We were studying legal issue in Canadian healthcare system that term and our group came up with this little play to spicy up our class presentation. This did not happen in real life of course.

Buy music:
http://www.amazon.com/s/ref=dp_byline_sr_music_1?ie=UTF8&field-artist=Malpractice&search-alias=music
http://www.recordshopx.com/artist/malpractice/
http://itunes.apple.com/fi/album/triangular/id275747110

From the album “Triangular”
Originally released 2008 by Spinefarm / Universal

http://www.malpracticeband.com/
http://www.facebook.com/pages/Malpractice/124420308087

Listen the whole album here:

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