Wednesday, July 11, 2012

All Different Kinds of Injuries Can Be Suffered to the Human Body

The most difficult and interesting medical malpractice case I have ever encountered was the case of a beautiful English woman who made a complaint to me that her plastic surgeon placed her implants very unevenly. I entered colored photographs of the woman's breasts into evidence, but I didn't think they showed the damage as well as they needed to show it. Therefore, I made a request to the sitting trial judge for permission to have the jury see my plaintiff naked in front of them. He conceded and allowed me to do so in his chambers. My plaintiff disrobed and stood before all the members of the jury in her glory and horror.

However difficult a surgery might be for a plastic surgeon, there's no justification for the horrendous mess this surgeon made when he hacked and slashed at my client's chest. In the many tort cases I've tried, I've often had to exhibit injuries in this fashion in order to show how terribly wrong these surgeries can turn out. Having a jury view my client's breasts during this trial was probably the most sensational display that I've ever had to experience.

The legal definition of 'tort' is a far cry different than a 'tart'. It actually comes from an old French word and translates more or less into twist or turn. I guess that fits well for victims of modern torts who end up being bent, bowed, broken or twisted in one way or another. The meaning of tort in a legal setting means an injury to the mind or body. Medical and legal malpractice cases are based upon personal harms done by those types of professionals. If you have some type of legal issue because of a real estate deal, a will, a contract, or even a crime, then you can see yourself in court.

Unfortunately though, there could be a time when you end up in court with a tort lawyer because you were injured by someone's fault. It may surprise you to find out you are able to hire one of the top tort lawyers available for the same price you pay for someone with the least experience. That fee is what is known as a contingency fee, which is actually illegal in both England and Canada. The reason it works this way is because the lawyer you acquire can charge you up to 40 percent of your awarded compensation, should you win your case. But if you don't win the case, you don't pay anything.

In many areas, the tort lawyer will be able to advance costs to cover what he needs and then recover this back from the settlement. There are so many different torts that occur it's impossible to name them all. Every kind of disaster known to man and every kind of accident known to man all have their own tort. Negligence is usually the main cause of most tort cases involving hospitals and doctors, no matter how unlikely they may appear at first glance.

So, when you walk into your doctor's office today, don't act surprised if you have to sign a statement releasing him from any kind of blame. These papers typically use a lot of legal words to say that if you get hurt, you will try to arbitrate your case rather than hauling him into court. While most courts consider these documents to be legally unsound, they have also ruled both ways. More likely than not, they are illegal if the arbitration agreement prevents you from going to court.

One of your key rights in this country is the right to a jury. So regardless of which state you're in, you are entitled to that. It was the Supreme Court that gave criminal law the boost it needed under a chief justice who held office there from 1953 to 1969. A number of well-worn rights and legal constructs were revived and given new respect, lending renewed relevance to criminal law practitioners. There are many lawyers that influence all levels of politics in this country, and there are many good forensically inclined ones that have entered the political forums via the U.S. Senate and Congress where they are able to use their knowledge of the law to write better legislation and determine the constitutionality of it.

No comments:

Post a Comment