Expert piece on medical malpractice in the state of CT.
Medical Malpractice is something that has been going on for centuries. However, now that we have the abilities to prove and held the right people responsible, medical malpractice is getting more attention then ever before. Sad stories of people dying on the accord of some silly mistake are flooding our news rooms and TV screens.
Lawyers are creating whole firms to deal with this specific sector of law, one in which deserves a closer look. When most people have to pay a visit to the doctor or hospital, they get pretty nervous as to if this is the time that they are going to find something. What we should be concerned of is if there are other factors affecting the decisions that our doctors, nurses, and medical institutions make.
In every state there are laws that are going to be different according to different rules and regulations. In regards to medical malpractice in Connecticut there are some laws that are very different then its boarding states. Connecticut does not impose a limit on any types of damages. This means that it is up to whatever monetary value that the judge and or jury thinks the victim should receive.
If it is in regards to a devastating case that resulted in the death or dismemberment of an innocent victim by a greedy and money hungry defendant, then potentially the award could be staggering. In regards to the collateral source rule, in Connecticut, there is obligatory lessening of any monetary value awarded by collateral source payments, but the petitioner is recognized for any cash money paid.
When determining the liability of joint and several defendants, Connecticut is strict in modifying the general rule to so that the comparative liability of each defendant is determined, and defendants are liable only for the amount of damages in relations to the amount of fault that had been attributed to them. In regards to the statute of limitations being 2years after the crime was committed; Connecticut gives no exception to any victims that are minors who might not be aware because of their age and lack of knowledge. Another rule that Connecticut invokes is that they have a controlled pretrial screening of malpractice cases. An undisputed ruling from the pretrial screening is permissible at trial.
Medical malpractice is a very complicated area of law, thus calling for lawyers to be specialized and concentrated in the area. Medical malpractice in Connecticut definitely has manipulated and changed the common law to more suit their state. Connecticut is known for being very conservative, thus is makes sense for their laws to more strict than their neighboring states. Thus it would be beneficial for those involved in medical malpractice cases in Connecticut to contact a medical malpractice attorney specialized in Connecticut law enabling for the best practice to take place.
About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about malpractice lawyer, medical malpractice NYC, malpractice attorney, Medical malpractice in Connecticut and medical malpractice Brooklyn visit www.nbrlawfirm.com
Thursday, August 21, 2008
FDA Drug Industry Law
The following piece is from an expert in personal trial issues - including drug industry lawsuits.
Challenging the FDA and Drug Industry by Marya Sieminski
Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Herapin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.
According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes. Despite this, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.
An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.
Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.
The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has championed the cause of seriously injured Michigan victims for three generations.
About the Author
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and the U.S. District Court for the Eastern District of Michigan. She earned a Bachelor of Science degree at MIT and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in worker compensation claims.
Challenging the FDA and Drug Industry by Marya Sieminski
Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Herapin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.
According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes. Despite this, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.
An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.
Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.
The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has championed the cause of seriously injured Michigan victims for three generations.
About the Author
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and the U.S. District Court for the Eastern District of Michigan. She earned a Bachelor of Science degree at MIT and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in worker compensation claims.
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