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$1.8 Million Verdict Awarded to Las Vegas Man in Medical Malpractice Case

A Las Vegas jury awarded $1.8 million to a man who had a 57-inch wire left in his body after surgery.

The surgical error case involved a 70-year-old man who lived for a decade with this almost 5-foot long wire in his body due to a surgical error following angioplasty. The medical malpractice suit was against a cardiologist who performed the surgery in 2005 as well as against his company, Heart Center of Nevada.

The man, German “OT” Ortiz and his wife Angela were represented by plaintiff attorney James J. Jimmerson. Ortiz is a 22-year veteran of the Air Force who received a Bronze Star for his service and has lived in Las Vegas for three decades. He is a minister and youth pastor at Cornerstone Christian Academy and Preschool and had two-thirds of the wire removed for a heart procedure. They are still more than 20 inches of wire stretching down to his thigh.

The wire was inserted when he went to University Medical Center emergency room 14 years ago while experiencing shortness of breath. Doctors found he had congestive heart failure and that Ortiz needed an angiogram where a catheter is inserted through the bloodstream to distribute a dye allowing doctors to take a picture of blood vessels. When it was removed, a guide wire remained in his body.

The doctor was represented by Patricia Daehnke who denied the doctor had any clue the wire had been left in the patient’s body and in fact did not know until the lawsuit had been filed.

Ortiz’s medical malpractice lawyer Mr. Jimmerson claimed the doctor’s arrogance lead to him denying his responsibility for the wire. Mr. Ortiz was also represented by James M. Jimmerson.

Las Vegas Hospital Settles $63 Million Brain Damage Case

A medical malpractice lawsuit brought by a woman who claimed that the failure of a hospital employee to begin emergency resuscitation quickly enough during surgery left her with permanent brain damage settled the case for an undisclosed amount.

Billed as a $63 million lawsuit, the case involved plaintiff Elisa Sales and Summerlin Hospital Medical Center located in Las Vegas, NV. The confidential settlement was reached shortly after the jury heard closing arguments in a trial involving 15 days of testimony. The plaintiff’s attorney was Sean Claggett of the Claggett & Sykes Law Firm who accused the Summerlin doctors and supporting staff of failing to act in a timely manner when Ms. Sales went into respiratory arrest during what should have been a routine outpatient pacemaker replacement.

Attorney Claggertt argued in the medical malpractice lawsuit that the lack of blood flow to Ms. Sales’ brain left her with the mental capacity of a child and asked the jury to award he rand her husband up to $63 million in damages.

Summerlin Hospital was represented by Michael Prangle of Hall Prangle & Schoonveld and he argued the hospital’s resuscitative efforts were consistent with the standard of care. He also argued that Ms. Sales’ alleged neurological impairment was the result of a pre-existing condition.

Both attorneys argued over how and when current medical standards dictate emergency resuscitation should begin as well as whether Ms. Sales condition during the surgery required such measures. Neither attorney talked to the media after the confidential settlement was reached.

The trial included 18 factual witnesses and 13 expert witnesses.

The case is The case is captioned Elisa Sales v. Summerlin Hospital and Medical Center, case number A-17-758060-C in the 8th District Court of Nevada, Clark County.

How to Build a Medical Malpractice Case in Georgia

surgery mistake

Suppose you have been under the treatment of a doctor. You might have had surgery, you might have been treated for a long-time medical condition, or the doctor might have prescribed a new medication for you. In any event, there were complications during the surgery, the doctor made the wrong diagnosis, or the doctor failed to warn you of the risks of the new medication and one of them came about. You have been hurt, and you want to know whether you have any legal remedies. Atlanta area attorney A. Bryan Baer, of The Baer Law Firm, can help you evaluate whether you have a medical malpractice case and build a medical malpractice case for you.

Mr. Baer has been practicing law in Georgia for approximately seventeen years. His practice is one-half personal injury cases and one-half medical malpractice cases. Before going into private practice, Mr. Baer worked as an insurance defense lawyer, learning the ropes from the other side. Since then, Mr. Baer has been recognized as one of George’s Super Lawyers®, as a Rising Star℠ and then as a full-fledged member of the group. He is also a member of the Million Dollar Advocates Forum which means he has a verdict or settlement on behalf of a client for $1,000,000 or more.

To Build a Medical Malpractice Case in Georgia, We Begin with You

Medical malpractice cases are complex and depend very much on the facts of each case. Before going to see an attorney, you should assemble all the medical records you have. You can also request medical records from your doctor. You should keep a daily journal to record what is happening to you. To build a medical malpractice case, It is important to journal daily because we forget dates, times and details. If your injury is visible, you should take periodic photographs of the injured part of your body. Videotape when appropriate is helpful. With this evidence in hand, it is time to go see the lawyer.

Don’t Delay Consulting with a Lawyer

It takes time to build a medical malpractice case. You should not delay consulting with a medical malpractice lawyer. Georgia has strict deadlines about when a medical malpractice case can be filed. The statute of limitations for a medical malpractice case in Georgia is two years after the date of injury or death caused by medical malpractice. But sometimes people are injured and do not realize it right away. Under some circumstances there is a five-year statute of repose. It is not wise to gamble that your injury fits that statute. In fact, you should consult with an attorney as soon as possible. The lawyer will have a lot to do to build a medical malpractice case.

The Lawyer Needs an Affidavit from a Medical Expert

Once you have hired a medical malpractice lawyer, and the lawyer has reviewed your documents, the lawyer must evaluate whether what happened to you amounts to medical malpractice. The lawyer, although usually not also a doctor, will have extensive medical knowledge. But the lawyer will need an expert to determine whether the doctor committed malpractice and whether you were injured because of it. In fact, in order for a medical malpractice case to proceed, the lawyer must obtain an affidavit from a medical expert that establishes these things.

What Kind of Damages Can You Recover?

When an injured patient files a medical malpractice suit, the patient seeks monetary damages for several things. These things are grouped into three types of damages, which are economic damages, non-economic damages and, if the facts warrant them, punitive damages. The lawyer must build a medical malpractice case with these damages in mind.

Economic damages are for out-of-pocket expenses cause by the malpractice. They cover, for example, the cost and expense of medical treatment for the injury that the doctor caused. Non-economic damages include not only the physical pain and suffering the medical malpractice caused you, but also elements such as anxiety, humiliation, mental anguish, scarring, loss of companionship and loss of enjoyment. Finally, there are punitive damages. They are more difficult to obtain than the other two categories of damages because they must be proved by clear and convincing evidence. Also, there must have been egregious circumstances underlying the malpractice.

You Are the Source for the Evidence to Build a Medical Malpractice Case

Remember how you should gather together medical records, take photos and keep a journal? In fact, you are the source of much of the evidence to build a medical malpractice case. Of course, your medical malpractice lawyer will arrange for additional, technical evidence such as the medical expert’s affidavit, but your testimony about what happened to you and how it affected you will maximize your damages at trial or in settlement of your medical malpractice case.

Mr. Bryan Baer, founder of The Baer Law Firm, is an experienced medical malpractice lawyer. If you would like to consult with him about your case, at no charge, please use the Contact form or call 404.THEBAER (404.843.2237).

Why is it Important to Find a Competent Car Accident Lawyer After a Crash

Road accidents can be devastating in every countenance. Leaving alone the injuries, the financial burden from medical bills, property damage, and lost wages come along. One may definitely have a thought to hire a car accident lawyer to claim compensation from the appropriate insurance company or right away from the defendant’s pocket if decisive, but make sure you hire a competent car accident lawyer in order to tackle all unlikely ordinances and attain your rightful compensation. Here are the chances and causes that can have you settled with devalued compensation

  1. The Motive of the Insurance Companies

The insurance companies mostly try to find a loophole in your accident case and deny you the allowance you deserve by devaluing your loss. If you have experience in negotiating with the highly trained insurance adjusters, you may gain or else, it’s advised to seek an experienced attorney to represent you before the insurance company which will have a compelling impact. Your attorney will render the job of negotiating with the insurance adjuster, handling the details of your claim and assist you in preparing a clear statement carefully tailored to favor you.

A well experienced and competent attorney will be aware of all the tactics used by the insurance company and does everything of their knowledge to save you from an unfair settlement.

  1. Being left without Proving Liability for your injuries

One of the important parts of the car accident injury claim is to prove your stand of being a victim. The person proved to be a victim is the one who gets to own the compensation. This makes both parties attempting to shift the blame.

Only an accomplished car accident attorney can track the evidence and build an unbeatable argument. An attorney’s work includes rebuilding the accident scene, considering the medical experts to evaluate the seriousness of the injuries caused, accessing the accident report and interrogating the witnesses.

The Indiana Comparative Fault Act says that according to a modified negligence comparative system, the victim has to have less than “51% fault” in order to be compensated and also the total compensation amount will be trimmed in accordance with the fault ratio. The victim will be subjected to contributory negligence.

  1. Under actuating your Injury’s True Value

Your compensation is directly proportional to the value of your injuries. Insurance companies target convincing injury victims at stunted settlement offers and escape from paying the real value for your claim.

An efficient car accident attorney will recognize the true value of your injury and will work to the full extent to ensure you with the settlement that covers all of your losses which may include the medical bills, pain, and suffering, disability, disfigurement, permanent impairment, lost wages, property damage, etc

  1. Ignorance of the Laws and Regulations that apply to your Claim 

Dealing with insurance policies can be tricky sometimes. A well-versed attorney can decipher these documents and ensure if the insurance company is operating in good faith and abiding by the needs of the contract. If this is not the case, an attorney can lay out the legal options to you which will aid you to receive the compensation you deserve. In addition, there exist many laws and regulations that are applicable to your case, and only a competent attorney can put it into action and win it over to your advantage.

  1. Lacking sound knowledge of the legalities in the case

An important benefit of hiring a car accident lawyer to handle your claim is that they can advise you of all of your legal options. If the insurance company is unwilling to offer a reasonable settlement amount, an attorney should be equipped to file a personal injury lawsuit to aid you to get the compensation you deserve. This step is often the action that makes the insurance adjuster offer a fair settlement, even before the case goes to court. However, a powerful attorney should always be braced to take a case to court if it is in the best interest of the client.

  1. The Skill to Negotiate a Fair Settlement

Insurance adjusters invest their days negotiating insurance settlements. They are proficient negotiators who fight to win for their best interests. A forceful attorney regularly negotiates with insurance companies and other attorneys. Before beginning a negotiation with an insurance adjuster, have a trusted car accident attorney on your side who has hands-on experience doing just that on a regular basis. A potent attorney should negotiate fair settlements for the client to help them obtain the compensation they deserve.

So, an indispensable duty of a car accident victim will be to partner up with a competent Car Accident Attorney Fort Wayne to draw the desirable compensation against the listed odds.

How To Have An Agreed Divorce in Chicago, Illinois

Divorce is awful in so many ways. It’s the end of a relationship and an unwinding process that is usually marked with animosity and hostility. What’s more, divorce is often expensive and tedious. As much as people want to actually to get a divorce they specifically want a fast and cheap divorce. So, how do you get a fast and cheap divorce in Chicago, Illinois?  You get a fast and cheap divorce by getting that divorce by agreement.

Children are rightfully the most important and sensitive topic in any divorce.  If you and your spouse have children in Chicago, Illinois you must complete, sign and enter an allocation of parenting time and parental responsibility. By initially preparing, circulating and coming to an agreement on your parenting time and parenting responsibilities, you can, hopefully, eliminate 80% of the actual, meaningful disagreements between your spouse and yourself. The financial issues can wait.

You’ll find that most parenting issues are actually logistical matters regarding who picks up the child when and where. The actual division of time hinges more on availability than it does on desire of either parent.

Preparing a detailed allocation of parenting time and parenting responsibilities is not necessary. Tendering a series of agreed bullet points is usually sufficient for an attorney to quickly input your information into a template and create an allocation of parenting time and parenting responsibilities that a court can enter and you and your former spouse can be governed by.

Failure to come to a complete agreement on these parenting issues in a divorce means that the issues will have to be resolved by a judge. That judge will make rulings based on their limited knowledge of your life as conveyed by your attorney and your spouse’s attorney. The judge will then weigh that evidence under the standard “the best interests of the child”. Truthfully, the judge will take most of their evidence from a third attorney who represents the children and is called a guardian ad litem. This third attorneys’ fees will be paid the two divorcing parties.

So, not only is an agreed divorce liable to provide better and more practical results but an agreed divorce will be unfathomably more affordable than a contested divorce.

Financial issues can also be resolved by agreement relatively easily. All assets earned and saved during the marriage will be divided equally between the two parties. These assets are referred to under Illinois law as “marital assets”

The same rule applies for debts. Debts incurred during the marriage will leave both parties equally responsible for those debts.

In an agreed divorce, marital assets are divided between the parties not by a clean fifty fifty split but rather by practical concerns that prevent liquidation of assets. For example, one party may keep the house and debts while the other party keeps the retirement accounts and other equivalent values marital assets.

Maintenance, formerly called “alimony” in Illinois, is derived by a simple formula: thirty three percent of the large earner’s income less twenty five percent of the smaller earner’s income.  The smaller earner can never receive maintenance that would allow him or her to exceed 40% of the total income of both parties combined.

The length of maintenance in a divorce is determined by a statutory formula with an accelerating length with respect to the length of the marriage.

Child support in Chicago, Illinois is similarly determined by a complicated statutory formula.

When it comes to money in a divorce, the numbers simply are what they are and there’s very little negotiating much less fighting when resolving those issues.  Bringing those issues to a judge is usually silly unless you’re trying to determine if a debt or asset is marital or not.

When hiring a lawyer in Chicago, Illinois. Let them know that you want an agreed and amicable divorce and you’re not interested in exploring every possible opportunity to get more time with your children or more money from your spouse.  Your lawyer should listen to you and do his or her best to accommodate your goals.

The author, Russell Knight, is a Chicago divorce lawyer.

How to File a Workers’ Compensation Claim in California

xray broken arms work injury

A widespread, yet cynical piece of personal finance advice goes, “Don’t get sick.” The costs of medical treatment can be prohibitive, even for people who are gainfully employed and have employer-provided health insurance. Having to miss work because of an illness or injury is enough to upset the already precarious financial situation of millions of Americans. If your illness or injury is the result of your performance of your assigned job duties, though, you can file for workers’ compensation to cover the costs of treatment and, in some cases, lost income related to the incident. For example, falling off a ladder at work and breaking your arm counts as a work injury, and so does carpal tunnel syndrome resulting from your work sewing clothes in a garment factory. To get workers’ compensation benefits, though, you must follow the procedures of applying for workers’ compensation precisely.

Getting Documentation on Your Work Injury

If you are injured in an accident at work, make sure that the accident is documented. File an incident report at your workplace. If your injury requires treatment in the emergency room, make sure to tell the doctors and hospital staff that the cause of your injury was an accident at work.

Notify Your Employer of Your Diagnosis

Even if you do not go to the emergency room immediately after your injury, you should see a doctor as soon as possible and get an official diagnosis of your injury. You must report the injury to your employer within 30 days of the incident and request an application for workers’ compensation benefits. Likewise, if you receive a diagnosis of an illness caused by your work, anything from cancer resulting from occupational exposure to carcinogens to clinical anxiety resulting from workplace harassment, you must notify your employer of the diagnosis within 30 days of receiving it in order to be eligible for workers’ compensation.

File a DWC-1 Form

Your employer must file a DWC-1 form, of which you must complete the “employee” portion. If your employer does not give you the form, you can download it from the DWC website or call the DWC office to request it. You should hand deliver the form, with your portion completed, to your employer or send it to them by certified mail so that you have a record of when you sent it. Your employer must then fill out a portion of the form and file it with the Division of Workers’ Compensation. While you are waiting for a decision about workers’ compensation, continue the treatment recommended by your doctor. You have the right to ask for workers’ compensation to cover up to $10,000 of treatment received while you were waiting for a decision about your claim. If you do not receive a letter about the decision within 90 days, you can assume that your claim has been accepted.

What’s Next?

If your claim is accepted, you can ask your doctor to send your medical bills to your employer instead of to you. If your claim is denied, file an Application for Adjudication of Claim form, and consult a workers’ compensation attorney to help you prepare for your hearing.

Hire a Workers’ Compensation Lawyer

If you or family member was injured at work in Southern California, you can hire a qualified Los Angeles workers’ compensation lawyer to help with your claim. The California works’ compensation system can be a bureaucratic nightmare and highly stressful to deal with on your own, especially in the wake of a serious injury. Contact us today to schedule a free consultation regarding your matter with one of our listed attorneys.

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