When an injured victim calls a lawyer, a good malpractice lawyer can tell in a few minutes whether there's a potential case. Here's 5 tips to clue you in to what they look for.
Most folks are unsure where to begin when calling a lawyer's office. They want to know if they have a case, but don't know what the lawyer needs to hear. Most want to come into the office to talk. Others want advice over the phone. A good medical malpractice lawyer looks for these 5 things:
(1) An ability to tell the lawyer what happened.
If the victim can't talk or has little memory of the events, then the lawyer needs to speak to a family member who might have more information.
It's ok if the victim can't recall what happened. The lawyer can usually put the pieces of the puzzle together with medical records and other witnesses. However, if the injured victim can talk but can't articulate why they think something was done wrong, proving a case becomes much more difficult.
Also, if the victim can't describe what injuries they suffered as a result of the wrondoing, it becomes impossible to prove a successful case.
(2) An ability to listen.
Your malpractice lawyer needs to know specific information. He will ask you a series of questions that establish basic information such as "How old are you," "What do you do for a living," "What do you think the doctor did wrong," "What permanent injuries do you have from the wrongdoing," "Has any doctor criticized the care you received from your other doctors?"
There are some potential clients who keep talking and simply don't want to hear what I have to say. For those people, I know at the outset that dealing with them will be difficult.
(3) An ability to ask questions.
Most people who call a lawyer for help have never been in that situation before. That's why they're calling for help. It's natural for a victim to have questions about the legal system, legal fees, how lawsuits work, and what their chances for winning their case are. The more inquisitive they are, the better informed they'll be.
(4) The potential client who continually asks "What's my case worth?" is usually the type of person who will live for their case, as opposed to living their life. What do I mean?
There are people who live their lives and try to restore their dignity by going back to work, or improving their lives despite their disability. There are others who want to milk the system, and are content to sit home and watch TV until their lawsuit is finished.
From a lawyer's perspective, a person who makes every effort to overcome their disability tends to generate much more sympathy than someone waiting for their ticket to be punched.
(5) Is the injured victim shopping around for a lawyer?
There are some folks who jump from one lawyer to another looking for a better deal, a better lawyer, a lawyer who tells them only what they want to hear, or a lawyer who doesn't know about their other cases.
I can usually tell within minutes whether this is the case. That's ok if it is, I just want to know about it up front. A client's honesty is paramount to keeping a good working relationship. If the client isn't honest about the facts of the case, or they're hiding something from me, we'll usually find out about the inconsistency during our investigation.
If we don't, I guarantee the defense will find out about it during the lawsuit and it will definitely hurt your case.
Conclusion: Finding a good malpractice lawyer is easier if you've done your research and know what to look for in a good lawyer. Ask your potential lawyer if they have free reports and information on their web site that informs them how lawsuits work before they ever walk into a lawyer's office.
When you make that call to a malpractice lawyer, keep in mind these 5 tips, and you'll have a much smoother experience than you might otherwise have had.
Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Saturday, January 27, 2007
Saturday, December 30, 2006
Sperm Donor Challenges Parental Rights in Kansas
A sperm-donor's rights case will be addressed this week in the Kansas Supreme Court. A Kansas man who donated sperm to his friend wants to help raise the offspring. He's challenging a state law that says donors have no parental rights.
The suit, set for arguments concerns a Shawnee County man who donated sperm to a friend. The woman underwent artificial insemination and delivered twins in May 2005. The man argues that he always intended to act as a father to the children. No agreement was put into writing, however, and a judge later decided the man had no rights as a father.
That’s because Kansas law denies parental rights to sperm donors unless they have a written agreement with the mother specifying that they will act as father. The 1994 law was designed to protect children conceived through artificial insemination from frivolous custody disputes, as well as to safeguard donors from child support lawsuits.
The unmarried woman, who, like the donor, is identified only by initials in court documents, argues that she never intended to share parenting with the man. She chose the man, whom she had known for 10 years, because of his good medical history.
The man appealed his case to the high court, arguing that the law is unconstitutional. His attorney said a better law would require donors to sign an agreement waiving their rights as parents.
Linda Henry Elrod , a family law professor at Washburn University, filed a legal brief in which she sided with the donor. Elrod argues that to require a man to have a written agreement before he has parental rights over his biological children is to violate his constitutional rights. The law, she wrote, “cannot take away a constitutional right to be a parent” without due process. Elrod was my family law professor in law school. However, I have to disagree with her on this one. And it would appear others do too.
21 other family law experts across the country filed a brief supporting the woman. They argued that the Kansas law in effect protects the interests of children created through sperm donation, as well as the mothers and the donors, by requiring any agreements to be set down in writing.
One of those professors, Nancy Polikoff, a family law professor at American University, said “biology is not enough” to give the man parental rights. The law assumes the mother (and any husband or partner she might have) will have custody when it comes to children of sperm donors. Without the Kansas law, she said, women could face custody battles from donors, or donors could find themselves being asked to support a child they never intended to know.
I will keep you all posted on the outcome of the case before our Kansas Supreme Court when the decision comes down.
The suit, set for arguments concerns a Shawnee County man who donated sperm to a friend. The woman underwent artificial insemination and delivered twins in May 2005. The man argues that he always intended to act as a father to the children. No agreement was put into writing, however, and a judge later decided the man had no rights as a father.
That’s because Kansas law denies parental rights to sperm donors unless they have a written agreement with the mother specifying that they will act as father. The 1994 law was designed to protect children conceived through artificial insemination from frivolous custody disputes, as well as to safeguard donors from child support lawsuits.
The unmarried woman, who, like the donor, is identified only by initials in court documents, argues that she never intended to share parenting with the man. She chose the man, whom she had known for 10 years, because of his good medical history.
The man appealed his case to the high court, arguing that the law is unconstitutional. His attorney said a better law would require donors to sign an agreement waiving their rights as parents.
Linda Henry Elrod , a family law professor at Washburn University, filed a legal brief in which she sided with the donor. Elrod argues that to require a man to have a written agreement before he has parental rights over his biological children is to violate his constitutional rights. The law, she wrote, “cannot take away a constitutional right to be a parent” without due process. Elrod was my family law professor in law school. However, I have to disagree with her on this one. And it would appear others do too.
21 other family law experts across the country filed a brief supporting the woman. They argued that the Kansas law in effect protects the interests of children created through sperm donation, as well as the mothers and the donors, by requiring any agreements to be set down in writing.
One of those professors, Nancy Polikoff, a family law professor at American University, said “biology is not enough” to give the man parental rights. The law assumes the mother (and any husband or partner she might have) will have custody when it comes to children of sperm donors. Without the Kansas law, she said, women could face custody battles from donors, or donors could find themselves being asked to support a child they never intended to know.
I will keep you all posted on the outcome of the case before our Kansas Supreme Court when the decision comes down.
Thursday, November 23, 2006
Labor and Employment Law
Child Custody
Child custody refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues, and discipline, as well as where the child will live, or physical custody. With "sole custody", you alone have legal and physical custody of your child. In a "joint custody" arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the "best interests of your child." Read on to learn more about child custody law, and to locate a child custody lawyer or child custody attorney. All child custody information is kept strictly confidential. Child custody law, child custody lawyer, and child custody attorney information provided .
Employment law is the name given to the branch of civil law that covers the laws and regulations governing labor relations and employment issues, such as collective bargaining, discrimination in the workplace, sexual harassment, occupational safety, wage and hour requirements, and workers' compensation.
BankruptcyBankruptcy law is the name given to the branch of civil law that covers federal bankruptcy and state insolvency laws and regulations as they apply to individuals, municipalities, and businesses. During bankruptcy, a court administers the estate (the property and other assets) of a debtor (a person or business who owes money to others) for the benefit of creditors (a person or business that is owed money). In voluntary bankruptcy proceedings, individuals or businesses may file for bankruptcy in an attempt to resolve a hopeless financial situation; although, from time to time, a creditor may force the filing of an involuntary bankruptcy proceeding. Please read on to find a bankruptcy lawyer, bankruptcy attorney or to learn more about bankruptcy information including the new bankruptcy law. Bankrupty attorney and bankruptcy lawyer information provided
Child custody refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues, and discipline, as well as where the child will live, or physical custody. With "sole custody", you alone have legal and physical custody of your child. In a "joint custody" arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the "best interests of your child." Read on to learn more about child custody law, and to locate a child custody lawyer or child custody attorney. All child custody information is kept strictly confidential. Child custody law, child custody lawyer, and child custody attorney information provided .
Employment law is the name given to the branch of civil law that covers the laws and regulations governing labor relations and employment issues, such as collective bargaining, discrimination in the workplace, sexual harassment, occupational safety, wage and hour requirements, and workers' compensation.
BankruptcyBankruptcy law is the name given to the branch of civil law that covers federal bankruptcy and state insolvency laws and regulations as they apply to individuals, municipalities, and businesses. During bankruptcy, a court administers the estate (the property and other assets) of a debtor (a person or business who owes money to others) for the benefit of creditors (a person or business that is owed money). In voluntary bankruptcy proceedings, individuals or businesses may file for bankruptcy in an attempt to resolve a hopeless financial situation; although, from time to time, a creditor may force the filing of an involuntary bankruptcy proceeding. Please read on to find a bankruptcy lawyer, bankruptcy attorney or to learn more about bankruptcy information including the new bankruptcy law. Bankrupty attorney and bankruptcy lawyer information provided
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