The Dos And Don’ts Of Filing A Medical Malpractice Claim

Did you know that 10% of deaths in the US are a result of medical malpractices?

This under-recognized cause of death is unfortunate, given that doctors are supposed to preserve lives and not take them away. Fortunately, if you or your loved one have been a victim, you can get compensation by filing a medical malpractice claim.

However, any wrong steps before and during the process of filing a medical malpractice claim can cost you your legal rights. Therefore, you need to brace yourself with the dos and don’ts that strengthen your case.

Do Document And Preserve Everything

The documents you present related to or from the medical malpractice incidence help prove and evaluate the case. For this reason, gather all documents, videos, and photos no matter how irrelevant they appear.

Some of these documents that you should preserve include medical records, appointment cards, death certificates, autopsy reports, and medical billing statements or records. Although not all of these materials will be helpful for your case, preserve them all since you may not know which one will help expedite the process.

Do Act Fast

While filing for medical malpractice, time is one luxury that you don’t have. This is due to a  statute of limitations deadline within which you should file the case. Unfortunately, if you go past this time, you get barred from getting the compensation you deserve.

On the other hand, if you take too long to report the case, you allow the victim to alter the evidence. The faster you act after you suspect medical malpractice, the higher your chances of getting what you deserve.

Do Contact The Right Attorney

Medical malpractice cases are complex cases that need high knowledge related to medical issues and negligence. Therefore, no matter how sure you are about your medical malpractice claim, do not be tempted to act without medical malpractice lawyers in Kingston, PA.

Additionally, just as you would not go to a general doctor for an eye problem, do not just go for any attorney. Instead, although you are in haste to find the right attorney, look for one whose primary focus is on medical malpractice cases. 

With a recommended attorney, you are better positioned to get the answers and compensation you deserve.

Don’t Overshare Your Malpractice Claims

Oversharing your case proceedings can have negative repercussions, and the medical malpractice case is of no exemption. 

Do not share information unless you are talking to your attorney or a close family member. This includes the medical professionals or administrators of the hospital you are suing.

Additionally, be careful what you share on social media. A picture or statement that you shared even privately through social media could damage your case.

Don’t Act Without Consulting An Attorney

Sure, the injuries or losses you incur due to medical malpractices may raise emotions that make you demand fast justice. However, no matter the pressure, as a plaintiff, don’t act without talking to your attorney.

For instance, do not approach the hospital administrators to talk about the negligence without your attorney. Remember that they would not want to ruin the career of one of their doctors due to the medical claim you file. Therefore, they may convince you to solve the case away from court, which may cost you the compensation you deserve. 

If you have already taken a step on your own without consulting the lawyer, inform them about it.

Don’t Assume Nothing Happened

It is natural to trust the medical professional, especially if you have no idea what happens in the medical area. Unfortunately, this trust may make you conclude that you are overthinking and everything is okay. 

However, if you have any suspicion that the injuries or death were a result of medical malpractice, do not ignore these feelings.

Your doctor may try to convince you otherwise because they know that your claim could cost them their career. 

Believing them and failing to act accordingly could cost you the compensation you deserve or even later medical problems if the doctor does not rectify their mistake. Therefore, follow your 

gut and get justice before it is too late.

Get Help from a Medical Malpractice Lawyer in Kingston

Given the thousands of dollars you pay, getting inadequate or unprofessional treatment in a hospital is unfair. If you are a victim of such malpractice, follow the dos and don’ts above to get you your compensation. 

Most importantly, hire one of the excellent medical malpractice attorneys at Selingo Guagliardo so you can receive the best possible advice and instructions to help you win your case. Call us today for a free consultation.

4 Reasons to Hire a Local Lawyer over an Outside Firm

Whether you have a case related to a car accident, medical malpractice, slip & fall, or insurance coverage, you need an experienced attorney by your side. There are two options here. You can either hire a big-city lawyer from an outside firm or get a local attorney.

Usually, there is an assumption that experts come from out of town, but this is false. Local lawyers undergo the same education and training as the rest, so they are just as good.

Other than that, it is more beneficial to have a local attorney represent you in court due to these reasons.

Connections and Knowing the Right People

Having practiced law in the locality for a while, local lawyers most probably have worked with other attorneys who are currently judges in the community.

Developing a rapport is crucial in court cases, and if your lawyer and the judge know each other, it will be easier to present the case.

Local lawyers also know the preferences of different judges and present what is more likely to win the case. However, a foreigner can offend the judge unknowingly and ruin the chances of success.

Apart from the judges, local attorneys have good connections with local law enforcement agencies, court clerks, prosecutors, and everyone involved in the legal process. As a result, they understand the opposing lawyers as well and the tactics they use to try to win.

It will be difficult for a foreign lawyer to navigate through the system, but local attorneys know the right people to talk to at each stage when handling the case.

What’s more, they can assess the likelihood of getting a reasonably fair judgment by studying the temperament in the community and maybe push the right buttons to turn things around.

Familiarity with Local and State Laws

Each state (and county) has different laws. Even courts have varying rules, such as when to stand when addressing the judge.

For a lawyer, it is practically impossible to know all the state, local, and court rules for the entire country, so an outside firm attorney will have a difficult time trying to keep up. In the end, you will get poor representation and might lose your medical malpractice or car accident case.

Meanwhile, Selingo Guagliardo’s car accident lawyers in Kingston, PA, know the local laws & court rules like the back of their hands and will give you the best representation.

Full Attention and Accessibility

Bigger is not always better, especially during legal representations. While the big-city lawyer might have a good reputation countrywide for winning high-profile cases, availability can get in the way here, leaving you struggling to get attention during your case.

It could be due to the distance because you cannot discuss some issues over the phone. If you want a face-to-face meeting, you will have to wait for the attorney to travel all the way.

The lawyer might also be handling multiple clients, so you will each get a short time allocation during the working hours.

Dealing with a local lawyer will give you a different experience because you will get their full attention and can access their office at any time.

There is also the matter of reputation, which is very crucial when building a career in law. Since they are local and most of their clients come from the area, local attorneys will give you their best. In addition, they will prepare for the case thoroughly and provide full attention so that you can spread the word at the end of it all.

The goal is to help bring in more clients, but this is not necessary for foreigners because they have their local areas to handle.

Cheaper Costs

In addition to having a more expensive fixed or hourly retainer fee, outside firm lawyers come with out-of-pocket expenses, such as travel costs to and from your hometown, accommodation costs, meals, etc.

They will bill you all these expenses, which you will have to pay from your pocket, settlement, or what you get after winning the case.

Remember, when they travel, they might have to include a few staff members to help with the case, so you should expect a high bill.

However, a local lawyer is a resident of your hometown, so there won’t be travel or accommodation expenses.

Get the Best Legal Representation in Kingston

Personal injuries can disrupt your daily life and drain your finances. If you feel like someone else is responsible for your condition, contact Selingo Guagliardo’s car accident and medical malpractice lawyers in Kington, PA. Your satisfaction is our top priority.

Slip and Fall Basics for Property Owners

If you own a piece of property, from vacant land to a residential home to a commercial building, then there are rules you need to know regarding personal injury laws. Property owners have varying care duties for people who visit; in a slip and fall case, a property owner might face liability if an injury resulted from negligence.

Here are all the basics that property owners need to know regarding slip and fall accidents. You can call us at Selingo Guagliardo if you need help with your slip and fall case.

What Is a Slip and Fall Case?

A slip and fall case is a type of personal injury civil legal claim. A person may file a lawsuit against a property owner if they slip, fall, and sustain an injury on a piece of property. The claim is viable if the cause of the injury is demonstrable negligence by the property owner.

For instance, during the winter, the steps and stoop to your office building are icy, and a customer attempting to enter the building for an appointment slips, falls, and breaks their arm. You, as the property owner, could face financial liability. 

For injured parties, it can be quite challenging to prove a property negligence claim.

• The claimant must prove that the fall is a direct result of an action or inaction of the property owner.

• The claimant must prove that the owner knew about the dangerous conditions on their premises and purposefully chose to leave them exposed.
  

• The length of time that the hazardous condition existed can prove that the owner knew or should have known about the problem and that the owner had a proper amount of time to correct the situation.
  

• Additionally, a concept called "comparative negligence" often applies to slip and falls cases and argues that responsibility for the accident is shared between the hurt person and the person who owns the property.

Again, using the example of the icy steps, if the person who fell at the business entrance was wearing shoes improper to the conditions (like high heels during a snowstorm), the injured party could be partially at fault. This fault is because winter boots might have prevented her fall, and wearing such gear is a reasonable expectation. 

What Are Owner Responsibilities for Residential vs. Commercial? 

A best practice and good general rule are for property owners to maintain their property and keep it safe. While valid for everyone, the type of property you own can influence the duty of care owed by the owner. For example, if a person is injured at a private, residential home, the homeowner would be held responsible—however, liability becomes murkier with commercial properties.

Suppose a person fell and got an injury in a retail shop located within a large shopping mall. In that case, the individual or company who holds the lease for that particular space might be liable instead of the mall's owner. 

Specifically, if laundry detergent spilled across the aisle of a cleaning supplies store and was not cleaned for four hours, and a person visiting the store fell, the leaseholder is responsible for their injury. 

On the other hand, suppose that ceiling tiles began to fall in the same cleaning supplies store due to water seeping through the roof. The leaseholder cleaned up as best as possible and notified the mall's owner. The mall's owner - not the leaseholder - could be liable for a slip and fall injury. 

Furthermore, depending on the category of who is visiting your property, liability could shift. For instance, a person has a more significant duty of care to someone they invited to their home. If a person is trespassing on your property, the owner has no obligation to keep that person safe. 

If you face these nuanced situations, it is best to contact an experienced personal injury attorney.

What if a Personal Injury Occurs on My Property?

If someone is injured on your property, you could be held liable. 

The best first step is to contact a personal injury attorney. A second step would be to be particular with what information you share with the injured party, as the wounded party could hold it against you. Finally, begin to gather all necessary documentation regarding the safety of your property, like regular service receipts, building code permissions, or similar documents. 

Property laws and civil liability statutes vary slightly from different states, so it is best to seek the advice of a local attorney. If you are looking for more information, contact a slip and fall lawyer in Kingston, PA.

Are Out-of-Court Settlements Seen as Admission of Guilt?

You often hear that parties “settled out-of-court.” What then happens to the case before the court? Why did they settle out-of-court? Did somebody accept fault or take the blame?

Out-of-court settlements refer to an arrangement between people involved in litigation. It is a voluntary act that dissolves every legal proceeding and takes the matter out of court.

Settling the case means ending a contention before the case concludes in court. Out-of-court settlements are otherwise called Alternate Dispute Resolution (ADR). 

Now the question is: Are out-of-court settlements admissions of guilt? Does this mean that the accused party has taken the blame? Here is an exposition on whether out-of-court settlements express an admission of guilt.

What Leads to an Out-of-Court Settlement?

In different aspects of law, you can arrive at settlements in several ways. The decision to settle a matter out-of-court depends on the type of issue it is. An out-of-court settlement happens when the parties consider their case’s pros and cons (strengths and weaknesses).

You can reduce litigation time and cost through an out-of-court settlement. Recovery of damages is faster, and reduction of stress accompanies an out-of-court settlement. This process excludes a judge/jury. It leaves both parties to trash out their issues to reach the most realistic terms.

What Cases Can Be Settled Out-of-Court?

Private individuals can settle civil and criminal cases out of court because they involve you and another party. You can weigh the odds of the case and decide which option–legal proceeding or settlement–best suits you.

Examples of cases that can get resolution out-of-court include:

• Divorce

• Assault

• Theft

• Fraud

• Personal injury

• Misappropriation of funds

This list is inexhaustible. Whatever the modalities of your case before the court, an attorney can help you with a realistic assessment and guide you on the steps to take.

Advantages and Disadvantages of Out-of-Court Settlement

There are advantages and disadvantages of each of the alternative dispute resolutions. The general pros and cons of out-of-court settlements are as follows.

The pros include:

• Saving time

• Reducing legal fees and court costs

• Privacy and intimate resolution of issues

The cons include: 

• Uncertainty of getting full compensation 

• Inability to enforce compensation against the defendant

• You cannot take legal action after the settlement

Steps for Out-of-Court Settlement

Out-of-court settlements can happen at any point during the trial. Even before the matter goes before a judge, you and your lawyer can decide to settle. In a settlement, all parties involved are to list all the conditions that will help you. The lists have to be endorsed by everyone. It is worthy of note that the agreement is private.

There are several ways to carry out an out-of-court settlement, depending entirely on what suits all concerned people. You are to consider all the alternatives and pick what best suits every party.

Alternative dispute resolution (ADR) methods are:

• Negotiation

• Arbitration

• Mediation

Can Out-of-Court Settlement Be Seen as Admission of Guilt?

Generally, an out-of-court settlement is only possible by consenting to the terms of such a settlement and reducing it into writing. The process requires that all the parties sign the agreement to make it binding on them.

An out-of-court settlement is typically the fastest way to recover damages. It helps both parties cut their losses on time. An out-of-court settlement does not translate to an admission of guilt but involves both parties determining how to manage damages. In contrast, an admission of guilt is usually an express verbal or written statement linking the person to the offense.

Many-a-times, an agreed-upon third party guides the parties involved in agreeing to ensure that the wordings do not assign guilt to either party. The agreement distributes the damage between both parties and ends the matter in court.

Selingo Guagliardo Can Help You With Your Out-of-Court Settlement

You need a lawyer to guide both parties to ensure that everything is ideal at every step of the way. Once you decide what direction you want to go, legal expertise will get you there and enforce the agreement of both parties by making it binding.

We are skilled at ensuring the best outcomes for our clients in all areas of law. We assess your position, understand your perspective, and reach a conclusion with you on what's best. We are your best point of call when you have a matter in court and would rather settle out-of-court.

If you need a car accident lawyer in Kingston, PA, reach out to Selingo Guagliardo for consultation. With our experience, you can settle with the best agreement terms and go forward with your life.

Is a Missed Diagnosis Considered Medical Malpractice?

Often, you can be so aware of specific body responses that it seems you know what is ailing you already, but you know it is still best to get a professional diagnosis. You are usually able to trust a diagnosis from a medical practitioner.

Unfortunately, a missed diagnosis is always a possibility.

When this happens, you should seek counsel from healthcare officials for proper checkups and diagnoses to make sure you are treating everything the correct way.

Diagnosis, by definition, is the identification of a disease or condition from its signs and symptoms. Examinations, tests, and history all make up a diagnosis. A missed diagnosis means improper conduction of all the aspects required for a concrete diagnosis. The term also refers to failure to diagnose or delayed diagnosis of a patient.

An example of missed diagnosis is a wrong drug prescribed to an unwary patient, leading to complications. These complications will need more time and money to solve. Sometimes it might even need a more severe intervention such as surgery.

A missed diagnosis can occur at different stages of medical consultation. But is a missed diagnosis considered medical malpractice? Selingo Guagliardo explores this issue so you can determine whether you can seek compensation.

Consequences of Missed Diagnosis

A misdiagnosis can create a cascade of problems. It is potentially liable to have a ripple effect on all areas of the patient’s wellbeing. The patient is likely to experience confusion and unsettledness because they do not know the actual issue and the proper medication. This is especially so when their recovery is delayed significantly.

An example of a missed diagnosis is having a wrong drug prescribed to a patient, leading to complications. These complications will need more time and money to solve, or even a more severe correction such as surgery.

A missed diagnosis can cause unpleasant side effects, either from the wrong drugs reacting with the body or from mismatched disease and treatments. In more extreme circumstances, a missed diagnosis can require a second treatment phase.

In the worst case scenario, a missed diagnosis could cost a patient their life. This possibility becomes even more real when the proper medical history of the patient is not available. Fatal cases can occur in relation to allergies, reactions, and body size.

Medical Malpractice

There is a reasonable level of care expected from every person that is handling and involved in your care. Doctors, nurses, and other personnel involved in healthcare need to show appropriate due diligence in performing their tasks and functions.

Any form of dereliction of duty is serious because the line of work is tied to human life and cannot be trivialized. It goes without saying that medical practitioners cannot afford to take liberties with their job in any aspect.

The law usually treats medical malpractice as a severe issue. The assumption is that healthcare workers were not diligent enough and cause slip-ups that affect their patient’s quality of life or lead to death.

An example of negligence malpractice is when a nurse does not sterilize the needles properly before injecting their patient, leading to infections that weren’t previously ailing them. When a laboratory technologist mixes up test samples and results, you can also say that he or she was negligent.

Is a Missed Diagnosis Considered Medical Malpractice?

In short, yes. As already explained, misdiagnosis is quite grievous, according to the law. The clincher is usually having to prove that there was no foul play or negligence that led to the misdiagnosis of a patient. If the practitioner can show even some evidence that the diagnosis was not a result of negligence, they might be off the hook in the long run.

Furthermore, the extent to which the malpractice goes is dependent on the level of negligence and the effect the act has on the patient. Another factor that might affect a judgment is how diligent or negligent the medical practitioner usually is.

Selingo Guagliardo Can Win You Compensation for Medical Malpractice

In moments like this, you need someone to speak up for you, and that’s who we are at Selingo Guagliardo. In cases of medical malpractice, we have your back.

If you need a medical malpractice lawyer in Kingston, PA, to ensure you get the compensation you need to recover and go forward, don’t hesitate to call us. We are ready and willing to lend a hand.