Gagne With A Spoon

Posted on March 20, 2008 - Filed Under Legal and Law | Leave a Comment

I didn’t “always want to be a lawyer”. I assume most doctors probably wanted to cure the sick from the time they were kids. Teachers surely had the desire to develop young minds from the time they were schoolchildren themselves. I think it is different for lawyers. Not many grew up with a burning desire to defend a corporation’s exclusive right to use a talking Chihuahua to sell Mexican fast food.

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5 Reasons Your Medical Malpractice Expert Will Let You Down

Posted on March 13, 2008 - Filed Under Legal and Law | Leave a Comment

1. He no longer practices medicine and is “semi-retired.”

There are some medical “experts” who after practicing medicine for many years hook up with expert-witness companies that lawyers use to evaluate their cases. The doctor is able to earn additional income in his golden years, without the exposure of his own medical malpractice that goes along with treating a patient inappropriately.

The lure of additional income in the retirement years is enticing. Make money from criticizing and commenting on someone else’s treatment? What could be easier? Come into court and give opinions about the standard of medical care- why not? “I’ve been doing this for 35 years,” says the “expert” gynecologist.

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Sharp Observations

Posted on March 12, 2008 - Filed Under Legal and Law | Leave a Comment

On August 8, 2006, the Michigan Court of Appeals decided the case of Sharp v Art Van Furniture, Inc., affirming a trial court decision to dismiss Mr. Scott’s negligence claim on the ground that a wet condition on the floor of an Art Van was open and obvious. The Appeals Court did not allow oral argument of the case from the parties.

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Philadelphia Airbag Injury Lawyer Talks About Airbag Eye Injury Claims And Vision Injury Claims

Posted on February 29, 2008 - Filed Under Legal and Law | Leave a Comment

Airbags involve the rapid deployment of a large cushion at speeds that can exceed 230 mph. The entire deployment and inflation process is about 0.2 sec. Airbags deploy in about 0.05 second. A vehicle changes speed so fast in a crash. Therefore, air bags must inflate rapidly if they are to help reduce the risk of the occupant hitting the car’s interior.

Newer airbags trigger at a lesser speed. Still passengers must remain at least 10 inches from the bag to avoid injury from the bag in a crash. While airbags can protect a person under the right circumstances, they can also injure or kill. Protect yourself and your passengers from unnecessary injuries or even deaths.

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Annals Of Michigan Justice-only A Newsboy

Posted on February 19, 2008 - Filed Under Legal and Law | Leave a Comment

Only a Newsboy,
One of a countless throng,
Only a waif on the tide of life,
That restless flows along.
Only a newsboy.

Lyrics from the song: Only a Newsboy, 1898.
Words by Arthur J. Lamb, Music by John S. May

(Though actual names are not disclosed, the facts contained in this piece are taken from a casefile in our office, and have not been altered in any way. The case is an active one in the office, well it was until last motion day.)

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Snow

Posted on January 31, 2008 - Filed Under Legal and Law | Leave a Comment

On April 19, 2007, the Michigan Court of Appeals issued an unpublished opinion in the case of Hernandez v Studio Plus Properties, Inc. and D and R Property Maintenance, LLC (No. 272658). Just another in the continuing series of terse, “Open and Obvious” decisions coming out of Michigan courts of review over the past dozen years. A little less than two and one-half pages in length, a little less than anything in the way of legal analysis. Recite a few facts, add some boilerplate, slap on the Open and Obvious tag and affirm the Circuit Court’s Summary Disposition Order. Ho-Hum.

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Medical Malpractice - Birth Injuries

Posted on January 22, 2008 - Filed Under Legal and Law | Leave a Comment

Tragically, severe injuries can occur during pregnancy, labor, or shortly after birth.

Many parents face the challenge of providing for a child with special needs and seeking to secure the child’s future care and treatment. If medical error caused the child’s injury, a medical malpractice claim may be possible, to help ensure financial security for potentially staggering medical and financial costs. While most injuries or illnesses are usually not caused by medical treatment errors, others are linked closely with medical negligence or medical mistakes. Thus, it is necessary to take a close look, to determine whether a birth injury was caused by a physician or hospital mistake, or if the birth injury was something that simply could not be avoided.

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Medicare Refuses To Pay For Medical Errors

Posted on January 7, 2008 - Filed Under Legal and Law | Leave a Comment

Comment by Attorney Gerry Oginski:

Medicare is a federal program that pays for medical bills and hospital expenses. In a dramatically new twist, Medicare has decided that where a patient suffers injuries at the hands of a doctor or a hospital, and the patient requires additional medical care or treatment because of that wrongdoing, they will refuse to pay for those errors. The dilema that Medicare will face is trying to determine exactly what constitutes error by a doctor or hospital, as opposed to a possible complication that might arise from a particular procedure.

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Bork-peril Justice

Posted on December 18, 2007 - Filed Under Legal and Law | Leave a Comment

On June 6, 2007, Robert H. Bork caused to be filed a lawsuit in the Federal Court for the Southern District of New York, wherein he is the named Plaintiff, and the Yale Club of New York City is the named Defendant.

Mr. Bork’s cause of action arises out of an incident which occurred on June 6, 2006, on which date Mr. Bork was visiting the Yale Club, a private club, in New York City, to deliver a speech at a luncheon sponsored by the New Criterion Magazine. It is perhaps interesting to note that Mr. Bork, though not a Yale alum, was a professor at the Yale School of Law during the Sixties and Seventies. He is currently a Professor of Law at the Ave Maria Law School located in Ann Arbor, Michigan. It does not appear that he was on medical leave during the 2006-2007 academic year.

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An Eye Injury Lawyer Talks About Medical Malpractice Claims And Eye Doctors

Posted on December 18, 2007 - Filed Under Legal and Law | Leave a Comment

The first thing we do—let’s sue all the eye doctors.
This 21st Century update on Shakespeare’s
famous quotation accurately sums up the
attitude of many who have had a less than
optimal medical outcome for their eye condition.

Many people seek legal redress for a bad
medical result for which there is no legal
blame. It may be that medical malpractice
cannot be proven, or it makes no economic
sense to try to prove malpractice.

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