1st you would like to file frivolous lawsuits.

Wrong. Filing a medical liability action in New York is simply difficult. A lawyer must first be a thorough investigation of the facts and then have all the medical records of a medical expert. Only after the expert has confirmed evidence of wrongdoing, misconduct caused the injury, and that the injury is significant, the lawyer can go forward and complain.

Remember that nobody likes, frivolous litigation. It is bad for the lawyer, the client, the doctors and the courts. While there are always different opinions about what happened and who is responsible for the victims of injuries, a New York medical liability lawyer is ethically prohibited from filing a complaint, which has no value. Besides, who wants to waste thousands of hours of their time prosecuting authorities, a case that has no merit, and spent countless amounts of money to a trap that is not in the judiciary?

2. They sue everyone who saw the patient, even when there is no reason.

Most of the time, but it's wrong. A lawyer is ethically obligated to Sue only those individuals that are directly related to the customer injuries. Sometimes, after reading a hospital record, when it seems as nurses and health professionals at the events, the injuries to the customers. In these cases, it may be necessary to involve people in the application, possibly on the margins involved.

Once it becomes clear during the plea that some people had nothing to do with the fault or causing injury to the patient's lawyer to dismiss, it is likely that the person from the proceedings or after they have given testimony or shortly before the hearing.

3. You will receive 1 / 3-1 / 2 of the settlement or verdict as a fee.

Wrong. In New York the fee is less. In a medical malpractice case, the lawyer of the fee is based on a sliding scale, determined by law. It is less than 1 / 3 In fact, the lawyer's fee only at 30% and decreases as the amount that we are again for our clients. This differentiation was in fact in New York since 1985, and the benefit of injured customers, not the lawyer.

This is how a New York lawyer misconduct calculated his fee:

(1) The costs incurred by the lawyer, was responsible for the prosecution of your case will be reimbursed to the lawyer from the entire settlement amount.

(2) Of the remaining amount of the attorney fee is calculated.

If your price is anywhere from $ 1 to $ 250,000, the attorney fee is only 30% of this amount.

If you are anywhere from $ 250,001 - $ 500,000, the lawyer of the charge on this segment of the award is now at 25%.

If you are anywhere from $ 500,001 - $ 750,000, the lawyer of the fee for this segment falls back to 20%.

This decrease in the Lawyers' fees will continue until, until you reach about $ 1.25 million. Everything about $ 1.25 million, the lawyer of the fee is still only 10%.

This fee is significantly different than in a case where an accident or trip and fall. In this "negligence" cases, the lawyer in charge of the State of New York is 1 / 3 the price, after the expenses were paid to the firm.

4. They hate the doctors and hospitals.

Wrong. Most malpractice attorneys recognize that most doctors and hospital staff work hard at what they do and they appreciate the patients treated. The problems arise with the few doctors who do not practice medicine in accordance with the standards of their specialty. It is the few bad apples, and harm patient care.

Remember, lawyers are also human beings. You need doctors and hospitals, and based on their expertise when they are sick.

5. You are responsible for increasing health care costs and premiums paid to the doctors for their malpractice insurance.

Wrong. There are many studies that have been published by well-trained and well credentialed people who have repeatedly stated that increased premiums for medical malpractice insurance companies have little to do with the lawyers who file malpractice lawsuits. In fact, I just read an article where Anthony Bonomo, the Chief Executive Officer of PRI - Physicians Mutual Insurance Company (one of two major malpractice insurance companies here in New York), confirmed that the complaints have little to do with the increases in malpractice premiums that doctors must pay for their medical malpractice insurance.

Some doctors claim that they practice "defensive medicine" to the tests of the patient does not really need. They also argue that with all these tests will prevent some of the lawyer later claimed that certain tests have been made to check for medical conditions, which was never approved by the doctor.

The problem with this argument is that lawyers do not dictate what treatment patients should. The doctor should be intelligent enough to know what conditions the patient may be suffering from, and the tests that either confirm or rule out the possible medical problems. If the doctor does not know enough about the condition of the patient, he should the patient to a specialist, or call in other doctors to consult on this issue.

If you want to understand why health care costs have, you need only to compensation that executives receive health insurance and asked why they are paid millions of dollars per year.

6. They are looking for a quick solution to squeeze money from the insurance.

Wrong. There is no malpractice insurance company in New York that would then be used. The insurance companies in New York that doctors and hospitals hire some of the best and brightest lawyers in the process stand to them from the first stages of an action to process and appeals.

It is important that the insurance would never allow an attorney to squeeze them for a "quick solution". It simply does not happen. In fact, most cases of wrongdoing here in New York are determined until shortly before or during the probationary period. A lawyer considers that a malpractice claim be resolved immediately after filing the claim is naive, and no experience with the New York malpractice claims.

7. It may be a case, without the customer's prior consent.

Wrong. In New York, the client must consent and agree to any settlement. If the customer does not agree to the settlement, the case continues forward. A lawyer is not ethically and morally to make a medical error or injury action without the consent of the customer.

In fact, if a continuous process, it is best in open session, on the record "if a record consists of the terms of the settlement. If the settlement is done privately, there are certain legal requirements must be included in the papers of the settlement. Otherwise a party may have difficulty enforcing the regulation.

8. It may be a case with an infant if the parents agree that the settlement.

Wrong again. In New York State, each case with a child (a child under the age of 18 years) and must be supervised by the trial court. If a settlement is agreed upon by the parties in the plea, the lawyer representing the injured child must now focus on the court for permission to join this case.

The lawyer is obliged to explain to the judge why he believes the settlement amount is reasonable, the judge and show medical evidence of the child's injuries and evidence that the violations are resolved or will be better over time . If the lawyer is not claiming that the scheme is suitable, the process judges do not approve the resolution and the case is independent of the parent company of the belief that the settlement is good.

9. They take every case that walks in the door.

Wrong. They did not have the benefit of a lawyer, a medical error that there is little monetary value, or little merit. The malpractice lawyer works as hard on a big case when he was in a little. The amount of money and time required for the pursuit of medical liability cases are enormous.

These type of cases are in contrast to road accident cases, or slip and fall cases, which is easier to follow. Attorneys who regularly with medical liability cases in New York typically reject 98 of 100 cases, the foot in the door. Of these one or two cases for investigation, most are rejected, after being informed by a doctor. This is the screening procedures that good practice attorneys to assess a case.

10. How they going to court.

This is often the case! A New York lawyer medical liability must have sufficient knowledge and experience to bring to justice and make a ruling if the insurance refuses to close the case. In this case, the lawyer has no other option than to his case to a jury, so that an impartial group of people can determine whether their claims are true. If so, the jury will decide how much to award to the injured victims.

A lawyer with a case just to try to find a solution, the customer has no justice. The attorney must be ready from the start going to court. This is the only way to ensure the best possible result for clients injured. If the insured knows that the lawyer is afraid to go to court if they have a much better chance of this fact and Low-Balling the handling of the negotiations and will remain low.

If a case goes to court, it means that both the risk of loss. The question is always, the site will blink first and acknowledge that the settlement of the case is a better business decision than a jury verdict, by far, what they felt the case was worth.

Oginski Gerry is an experienced New York medical liability and personal injury trial lawyer and practices in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo doctor, he is able to be 100% of his time to each individual customer. A client is never a file in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read recent testimonies of real doctors in medical malpractice cases. Find out the answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read more about his successes. Read the latest news from the injury and abuse. I guarantee it's something for you. http://www.oginski-law.com 516-487-8207

So, take a look at Gerry's NY medical liability FREE video tutorials at http://medicalmalpracticetutorial.blogspot.com