LawProfessor.com

It is the ultimate nightmare of any doctor: a malpractice claim. Not only can it ruin your well earned reputation, but it can bankrupt you and leave you essentially unhireable by any hospital or medical organization, and the worst part is that malpractice is pretty much inevitable. Every doctor in North America should have malpractice insurance, and most jurisdictions won’t allow you to practice medicine without, much like you aren’t allowed to drive a car without car insurance. The cost of malpractice insurance is outrageous, to say the least, and it is the single biggest reason why more doctors aren’t super rich, like the stereotype says. Since doctors are human, even if they hate to admit it, and a malpractice suit is simply a matter of time, here are a few tips you can follow to help put off your first malpractice claim for as long as possible.

Malpractice can happen anywhere at almost any time. It can be caused by an incorrect diagnosis that ends up causing someone to die prematurely or it can happen on the operating table when a person suddenly dies during a routine procedure. There is no way to completely prevent those things from happening, but studies have shown that the single biggest cause of malpractice is poor communication.

On the hit television show House, Dr. House is famed for saying that everyone lies, meaning that most people are so self conscious or so afraid of being embarrassed about why they are sick or why they need medical attention that they often lie about symptoms that are presenting or how they really feel, and it is the doctor that is going to be blamed if that patient dies in their care, even if the patient was lying to your face. It is enough to make a person flee from medicine faster than an antelope from a lion. It can be impossible to try to build a legitimate rapport with your patients when you have a waiting room full of people and you’re absurdly overworked, but taking a few minutes to make direct eye contact, to ask honest questions about why a person is there might just make the difference between a person being honest about what’s going on and them lying. It is impossible to really care about every single patient you see every single day, no one anywhere cares that much about their job, but making an honest effort to communicate clearly is essentially the only way to prevent a possible malpractice situation from happening.

On a similar note, every doctor must have a healthy ego if he or she believes that they can save lives and perform acts that are akin to miracles each and every day, but calling for a consult with another doctor can be just what you need to stave off incorrect an incorrect diagnosis, and, in turn, a malpractice suit. Remember, being a good doctor means knowing when to ask for help. The life of the patient supersedes your ego, and if it doesn’t, you are on the fast track to malpractice-ville.

Making the decision to file a malpractice claim can be one of the scariest and most traumatic things a person can do. To admit that a doctor has somehow damaged your quality of life, a claim that is often irreversible, is downright terrifying. Along with your family and friends, the stabilizing force during the whole proceeding is going to be your lawyer. Since most of us have extremely negative perceptions of what a lawyer is and how they work, it can seem like Mission: Impossible to find a lawyer we trust and admire, but if you are thinking about filing a malpractice claim, it is absolutely imperative that you do. Here are a few tips for finding the perfect malpractice lawyer.

If at all possible, go with someone you know or someone you have a relationship with. This is important for several reasons. Developing a bond with a malpractice lawyer is extremely important since the emotional strain of your court case is likely going to be quite difficult. If you have a family member or a friend who is a malpractice lawyer, you already have that bond created and as long as you know to keep your personal feelings away from this professional proceeding, you will be ahead of most people when it comes to picking the right lawyer.

If you are in no state to choose your own attorney, make sure those that will pick your lawyer for you know what to look for. Here are a few important attributes you should always look for in a good malpractice lawyer.

The ability to communicate clearly and articulately should be automatic for any good lawyer, malpractice or otherwise. Your lawyer not only has to communicate your case to a judge or jury in a compassionate and caring way, but he or she must also communicate with you, your family and your loved ones about the status of your case, what will be expected from you and more. If your lawyer comes across as a shyster or as someone unsavory, they will likely come across the same way to a judge or a jury. This is one time when it is vitally important to trust your gut.

Experience should also help to be a deciding factor when it comes to litigating your malpractice case, but it shouldn’t be your first priority. Every year, thousands of good lawyers graduate from school and are anxious to build up a history of cases won. Sometimes, a young, hungry lawyer looking to make a name for him or herself will work substantially harder for you than an experienced lawyer who doesn’t feel that he or she has much to gain from winning your case. Experience counts, but not nearly as much as attitude.

As you can see, finding the right malpractice lawyer can be a bit complicated bit it isn’t impossible. The decision to seek a malpractice lawyer should be much more difficult. If it isn’t, you might want to reevaluate your reasons for suing in the first place.

For most people, recovering from the shock and depression often associated with being the victim of malpractice is difficult, but if you are planning on filing a malpractice suit, it is important that you be of sound mind before the trial starts. Much like a rape trial, a malpractice trial can be emotionally devastating to the victim, not only because you are forced to come face to face with the incompetent doctors and hospital staffers, but also because you will likely be asked to relive the entire ordeal in front of a court of law. Here are a few tips you and your lawyer will likely go over before your trial starts to make sure you are completely prepared.

It is important to remember that coaching a witness is illegal and can result in serious legal repercussions if it is discovered. However, you and your lawyer will likely go over your testimony to make sure that you communicate clearly to the court about what happened. The first thing you need to remember is to always be honest about what happened, what you were told and what happened after you found out about the malpractice. Often times, malpractice suits are directly linked to a lack of clear, concise communication between patient and doctor that not only results in the actual malpractice but also extends to the time after the incident occurred. If you can show a legitimate pattern of poor care from the first moment you spoke to your doctor until the present time, you will have a much stronger case than you would otherwise.

One of the jobs that your lawyer will take on himself will be to discover if your doctor has had any problems with any other patients in the past. While court testimony from any other trials will likely be sealed, most judges will allow the mention that other trials happened and that there might be a pattern of incompetent care that has lead to the current situation. There isn’t much you can do in the way of helping here with the possible exception of asking people in the hospital about that particular doctor. If you speak to a nurse who has seen this sort of thing before, you should probably tell your lawyer and she can be summons to testify on your behalf.

Just like any court case, the more witnesses you have to corroborate your testimony, the better off you’ll be. In the lead up to your malpractice incident, you likely attended check ups or briefings with a family member or friend. If you plan on demonstrating a lack of communication, care or understanding that dates back to these initial check ups, it is a good idea to ask your witness to testify as well.

A malpractice case can be a bit tricky since all you have to present to a jury or judge is what happened to you. There are usually few witnesses and if your doctor doesn’t have a history of malpractice, it can seem like your words against theirs. However, honesty is your best ally and with the right preparation and a good lawyer, you can often come out on top.

While the number has never been completely quantified, an outrageous amount of current health care costs are directly tied to malpractice insurance and the cost of fighting malpractice cases in court each and every year. While profits, the cost of medical equipment and salaries also help to contribute to the health care crisis in the United States, malpractice costs are the single biggest component keeping health care from being affordable, which is why most hospitals will do almost anything to keep a malpractice case from going to court. There are several options available to the average patient who feels that they have been wronged, so let’s take a look at a few of them.

If you are a fan of the hit television comedy Scrubs, you have probably seen entire episodes dedicated to convincing a patient to take a settlement for their malpractice instead of going to court. It had become such a well known and expected part of the United States medical system that even people who haven’t been admitted to a hospital in decades know how it works. The one thing that most hospitals will try to do is to get you to sign a form agreeing to forgo a trial and accept a settlement deal BEFORE you speak to a lawyer. In that circumstance, the hospital has a major advantage over the patient who is still likely dazed and confused or even still under a degree of anesthesia due to their botched surgery. They know that their settlement is likely much less than what you might be able to earn in court so they are going to try to get you to sign that paper as quickly as possible. They might even threaten that if you don’t sign it now, the offer will be rescinded and you won’t have a second chance to settle early. The truth is you should never be threatened into signing something you don’t understand, ever, as these tactics border on the illegal and are, at the very least, unsavory. If you feel that you have been the victim of malpractice, you should, at the very least, speak with a lawyer to see what your options are. Understand, however, that a settlement is guaranteed money and that a trial will often be long, tedious, expensive, and you might not even win.

Mediation is also an option available to most people who are seeking the end to a malpractice case. Not only is mediation significantly faster than a court trial, but it can be over and done with in a matter of months from the time of the incident, not years. Hospitals will be more likely to agree to mediation than a court case simply because it allows them to be over and done with the incident much faster. As for the patient, mediation is more risky than simply accepting a settlement but the reward can be greater, too. Make sure you speak with your lawyer before you sign anything agreeing to mediation on your malpractice case.

While no one sets out to get a DUI, tens of thousands of people each and every year find themselves with court dates to explain what exactly happened that night on the road. If you are a member of the military, it can be even more difficult to beat the rap on a DUI. Here are a few things you will need to know to get through your military DUI allegation in one piece.

Finding a lawyer who understands the differences between the way a civilian court tries a DUI and the way a military court tries a DUI is absolutely vital. Everything from the way a DUI is judged to the way it is tried is different in military court. It is important that you understand the rules and the differences ahead of time so that you can quiz your lawyer about the differences in style. Here are just a few of the main differences:

Most military courts will use their state’s blood alcohol level guidelines to judge if you were, in fact, drunk at the time you were pulled over, or at the time of your accident, but they don’t have to. A military court has the legal right to simply “guess’ that you were impaired by alcohol even if your blood alcohol level wasn’t over that magical, illegal line. It is frustrating, but that’s the way the system works so you need to understand this going in.

While a DUI charge can take months to move through the antiquated civilian court system, it can seemingly fly through the military court system at an incredible rate. That is why it is so vitally important that you find a lawyer as soon as your DUI happens. Don’t wait a week or even a day, start trying to find one the next morning.

A military DUI can essentially put the breaks on an otherwise promising career. Depending on the branch of the military you are in and the response from your commanding officer, you may end up being completely cleared of all charges, and still face severe penalties that could include being frozen at your current rank for the rest of your career. There have been recorded cases of a DUI being tried in civilian court and such penalties being levied by a soldier’s commanding officer. These penalties may sound outrageous and absurdly unfair but they are a fact of life if you get arrested for DUI while a member of the military.

Finally, the sentencing aspect of a military DUI court case is also completely different than that of a civilian court. For most crimes, a military court has no limit on the sentencing they can hand out if you are convicted. This is an important aspect that everyone who goes before a military court needs to keep in mind.

As you can see, having a lawyer who understands the difference between civilian courts and military courts is extremely important to the success of your case.

Thanks to hit television shows like JAG, which lasted an astonishing ten full seasons on the air, more people today have a better working knowledge of how the military criminal court works than ever before, but it would be foolish to assume that everything we saw on a television show is, indeed, accurate. Let’s take a look at just a few of the differences between a military court and a civilian court and see which style of justice is often faster and fairer.

Before we start, there are times when the two jurisdictions can fight over trying a case. If a soldier lives on an American military base within the United States and commits a crime outside of his or her air base, the state or federal authorities can step in and claim the right to prosecute and try the case, but since the military is such a powerful branch of the federal government, in most cases, if they wish to try a case involving a member of the military in their own courts, they are able to.

One question many people ask is if a civilian, or someone who is a citizen of the United States but not a member of the military, can be tried in a military court instead of a civilian court. Until very recently, the answer was no, but due to provisions in the Patriot Act that created military prisons in places like Guantanamo Bay, Cuba, American citizens and citizens from other countries are now being tried in these military courts. The legality of these trials is under much speculation and it is thought, and hoped by many, that once the current administration leaves office that these trials will be ended.

One major difference between the military court system and the civilian court system is the selection of the jury. As most of us know, the criteria for selecting a jury for a civilian trial is fairly loose. You simply receive a jury notice in the mail, show up and you have a chance of being picked or not. In a military court, the criteria are much stricter. Most military juries are made up of commissioned officers who are often highly trained, highly intelligent and highly respected. Most observers agree that the military court version is far superior to the civilian court style.

There are also no hung juries in military courts. A hung jury is when a jury that needs unanimous consent to convict or clear a defendant can’t decide one way or the other. In most cases, a mistrial is declared and the trial starts over from scratch. Some cases have experienced multiple trials that all end up in hung juries for various reasons. In military courts, hung juries are impossible since you only need two thirds of a majority for any decision or verdict to be reached.

These are just a few of the main differences between criminal law in the United States and military law.

While millions of people all over the world are familiar with the television show of the same name, the Judge Advocate General, or JAG, is the judicial branch of the US Military that presides over each and every branch of the US military, from the air force to the army to the coast guard. The Judge Advocate General is responsible for enforcing the Uniform Code of Military Conduct, which is the criminal law code that members of the military follow. Violation of the UCMJ can result in disciplinary action up to and including a general court martial that could result in death for the most serious offences such as treason. Let’s take a look at how this fascinating military branch works.

Not only does the JAG prosecute crimes in the military, they also help to defend those accused of crimes. Much like civilian courts, if you can not afford to have your own lawyer in the case of a general court martial, one will be provided for you. In other types of court martial cases, such as summary court martial cases, you don’t need a lawyer of your own since the judge advocate works as both your defense and your prosecution.

The JAG also provides a wide range of law services to members of the military all over the world. If a member of the military is accused of a crime in a foreign country and the local law system demands that the soldier stand trial, their lawyer will be provided by the JAG at no cost to them. They can also assist members of the military through other legal troubles such as divorce or even with something far more basic like an off-base traffic ticket or parking violation.

While many of sat on the edges of our seats during the ten year run of the hit television show JAG, the overwhelming majority of cases tried in military courts aren’t for general court martial cases. There are two other kinds of court martial cases that are tried on a regular basis for far less serious crimes. They are known as summary court martial cases and special court martial cases.

With a special court martial case, the JAG actually has jurisdiction over civilians depending on where the crime was committed and what the circumstances were when the crime happened. Special court martial cases are considered the “medium” level of seriousness, with general court martial cases being the most serious and summary court martial cases being the least serious. In an interesting twist, a soldier can actually request a judge trial without a jury if he or she chooses so.

With a summary court martial, the system if far more streamlined. There is one judge advocate who serves as both the prosecution and the defense. Cases are often heard and tried much, much quicker than they are in civilian court, as well. The accused even have the right to refuse this type of court martial and they will be “upgraded” to a special court martial, instead.

If you have recently joined the military, you may not be aware that the Uniformed Code of Military Justice is the law of the land. It supersedes state and federal law for members of the military, and although civilian law and military law are very similar in many ways, they are different and it is important that you understand your rights as an individual. If you should find yourself in a situation where you are being arrested, you will have your UCMJ rights read to you instead of your Miranda rights that you are likely more familiar with. Here are a few basic tips you can keep in mind should you ever find yourself in trouble with the military police.

Just like if you are being arrested by civilian police, the first thing you should do is keep quiet and request a lawyer. Much like how the “anything you say can be used against you in a court of law” provision is present in Miranda rights, a similar phrase is present in your UCMJ rights so it is smart to never resist arrest, never argue with the military police and request a lawyer as soon as you possibly can. An interesting note, military members were granted the right to have their UCMJ rights read to them a full 16 years before the Supreme Court gave Miranda rights to civilians!

The UCMJ spells out all of the rights afforded members of the military, so there really can’t be any confusion or misinterpretation of the rights you actually have. In addition to your Miranda-like rights, you also have the right to never incriminate yourself, again, just like in civilian law. You also have the right to know what you are being accused of, what you are being held for and what you are on trial for at all times. There are many rights present today in civilian law that came from military courts over the years.

It is important to note that your UCMJ rights actually differ from Miranda rights because you don’t have to be read your Miranda rights until you are arrested, but your UCMJ rights must be read to you as soon as you are a suspect of a crime. That means that if you were questioned, or brought into a police station without your UCMJ rights being read to you, there is a good chance that all of that information will be thrown out.

Ask any defense lawyer what you should do if you have your rights read to you and they will all tell you to ask for a lawyer as soon as you can. Remember, clamming up isn’t admitting guilt, no matter what the police officer tells you. He or she is trying to get a confession out of you so talking to them is often a bad idea.

As you can see, the UCMJ isn’t really all that different than civilian law, and many experts actually believe it is a much more fair way to try a case.

Even if you aren’t a member of the active duty military, the words court martial conjure fear like no other. If you are a member of the military, a court martial can not only mean the end of your military career, but it can also mean hard time spent at a federal prison for the rest of your life, or, if you are being tried for certain crimes including treason, it can mean death. Let’s take a look at the court martial process and see what we can learn about this infamous military trial system.

The overwhelming majority of court martial trials are for members of the military that have violated the Uniform Code of Military Justice, also known as the UCMJ. As fans of military dramas like JAG can tell you, the UCMJ is just like the criminal code for civilian courts, it lists the laws and penalties for members of the military to follow, but there are other uses for court martial trials. If you are currently living in a United States controlled area and martial law has been declared, you can be a civilian and receive a court martial. Suspected terrorists being kept at secret military prisons in places like Guantanamo Bay, Cuba are also subject to court martial trials, although the legality of these trials is highly suspect. What sorts of court martial trials are there? Let’s take a look.

Court martial trails can be broken down into three main categories: a summary court martial, a special court martial and a general court martial. A general court martial is the most similar to a civilian court case and has the most similar appearance to civilian law. On the other hand, a special court martial is often the least serious of the three since there is a maximum penalty in this type of court martial of one year. Although a special court martial shouldn’t be taken lightly, a year in jail is still very serious. There is no real civilian equivalent for a summary court martial, so let’s take a look at that now.

A summary court martial is often the most straight forwardd and the least complicated. It is a bit unusual because you have one person, known as a judge advocate, who essentially plays the part of both defense attorney for the accused and the prosecution. The punishment for this type of court martial is quite minor and demotions are often the main result.

A general court martial is the one that most of us think of when we hear about serious court martial offenses. Just like civilian courts, the person accused of the crime can get free legal consul or they can hire a lawyer of their own. An investigation period occurs before the trial starts so that both sides can gather information, again, just like a civilian court.

As you can see, a court martial offense is quite serious, but when you break down how it all works, it really isn’t as different, or any less effective, than a civilian trial at all.

When most of us hear the words court martial, the hair stands up on the back of our heads and images of gallows or electric chairs flash through our mind. While death is a possible sentence for some types of court martial cases, there are actually a huge range of penalties that a person can receive, including demotions, fines and short imprisonments. Let’s take a look at the whole range of penalties doled out by the court martial system and see what you can expect if you are currently being accused of a crime.

There are three main types of court martial cases that can be tried in military courts. The first is known as a general court martial, and it is the most serious of all court martial cases. When you hear about a soldier being tried for treason or a high profile court martial happening, this is the kind of court martial style they are talking about. However, there are other penalties for a general court martial other than death. One interesting note about general court martial cases is that there are no limits on a penalty as it is associated with a crime. In civilian court, if you commit third degree murder, there is a limit on the number of years you can get for that crime, in a general court martial, there isn’t and there isn’t any limit for any crime that can be tried there.

The middle child of court martial cases is known as a special court martial. At a special court martial, serious cases are tried, but not cases serious enough to warrant a general court martial that could give the sentence of death. Offenses such as larceny, battery and other similar crimes are often tried at special court martial trials. If you are an officer, you can not be sentenced to time in jail nor can a special court martial remove or dismiss an officer of the military from active duty. If you are a non commissioned officer, you can receive no more than 12 months in jail, a serious reduction in the amount of pay you receive and possibly a bad conduct discharge.

The final kind of court martial is known as a summary court martial. Not only is this the least serious kind of court marital but it also the kind that gives soldiers the most flexibility and even gives the solider the option of opting out of this kind of trial if they feel that they would stand a better chance of being acquitted in a special court martial. The crimes prosecuted here are very minor and include things like petty theft and other small crimes. The most any enlisted man can expect from a summary court martial is a one month of prison and a forfeit of two thirds of your pay.

As you can see, the court martial process is actually quite complicated and can be tough to navigate without the proper knowledge beforehand.