Representing Yourself Ill Advised
When you want to bring someone to court and get what is owed to you, you should always seek legal representation. Even licensed litigators should seek legal counsel other than their own. In the words of one wise man “A lawyer who represents himself has a fool for a client.” –AL
The average citizen without a juris doctorate is not advised to represent themselves for obvious reasons. Most without a JD whom represent themselves are not adequately trained nor experienced in litigation. They will not have enough familiarity in the field with all the nuances involved with winning a lawsuit, nor the needed communication and argumentation skills.
Lawsuits are tricky. Even if they appear an open and shut case, with all the evidence needed to support your side of the story, simple procedural errors mean the difference between submissible evidence and what the judge will throw out. For example, many civilians aren’t aware both sides of litigation in lawsuit have to share any evidence they may have. Moreover, many don’t even know what constitutes as submissible evidence.
Then there are such procedural requirements, such as how to make objections and how to enter evidence.
Even licensed litigators aren’t the most qualified to represent themselves. It’s imperative to seek counsel from a lawyer with interests outside of your own because objectivity is the rule of law. Approaching a case in which you have vested interest is the very definition of subjectivity. A plaintiff with any degree of bias will have an obstructed perspective on the issues at hand.
There are so many moving parts to a lawsuit. So many components can lose you a lawsuit almost immediately. If you ever decide to sue someone in a court of law, seeking professional counsel is always your best course of action, no matter the situation. Leave litigation to the experts.
Medical Malpractice and Plastic Surgery
Changing your appearance is not something you just decide to do one day, it takes a lot of thought and a lot of money. It is not a easy decision but when you do get to the point of saying yes and you trust the decision in the hands of your plastic surgeons. You expect them to take great care. But if that trust is broken you may be ready to take them to court and try to right what they have done wrong.
There are many different kinds of damages in a medical malpractice case that may have occurred including but not limited to disfigurement, emotional distress, nerve damage, excessive scarring and even death. Before undergoing a procedure your surgeon should let you know what your realistic risks will be. If you experience something above and beyond the scope of what can be expected you may have a medical malpractice case.
What can you do to protect yourself?
1. Make sure you trust your doctor and they have reliable sources
2. Follow up with a 2nd opinion
3. Contact a lawyer as soon as possible
4. What could you potentially recover in a medical malpractice lawsuit?
1. Past and future pain and suffering
2. Mental/Emotional suffering
3. Future medical bills
4. Past medical bills
Medical malpractice cases are extreme complicated and hinge on proving wrong doing or error on the part of the doctor. It is important to have a lawyer who will go the extra mile and who will fight for what you deserve.
A Society Should be Judged on How it Treats its Weakest Members
People with disabilities have many disadvantages to contend with the rest of us couldn’t even imagine. Society, in general, has been making efforts to make things more equal and easier. Accommodations are made in school, the workplace and just about everywhere you go. But this is just the beginning.
In healthcare people with disabilities are not always treated correctly. Studies show that doctors lack the training necessary to render proper care and assistance. In school doctors and never required to take classes or seminars in dealing with disability issues.
The Americans with Disabilities Act makes it illegal to discriminate based on many facets of life. The informed consent process requires that an individual be given the opportunity to ask questions and get answers. As you may imagine, here in lies some discrepancies and overlap.
But The Americans with Disabilities Act does not explicitly spell out mandates with respect to healthcare. Sometimes physicians assume that someone with a disability doesn’t need a proper explanation of the risks hazards and benefits of a particular course of action because they don’t have the ability to understand what is being said.
These attitudes may impair a doctor’s ability to properly diagnose and treat an illness because of misconceptions about disability. There needs to be a continuing effort made in educating medical professionals to effectively communicate and understand the unique needs and abilities of patients with disabilities.
Society has made leaps and bounds regarding acceptance and acclimation to the mentally challenged. Once dealt with crassly as burdens of the state- expelled to subpar facilities we wouldn’t board our pets in today- there are now many more protections in place to protect the mentally disabled. There are still aspects of society wherein the mentally challenged could use a little more help. Consult a local attorney today about your case.
New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.