November 23, 2007
What You And Juries Don’t Know
Most people are very surprised to learn about certain facts and procedures that occur in our legal system, and that are very common in personal injury claims.A JURY will never know if the defendant has INSURANCE and if so, how much. The attorneys and judge are prohibited from even mentioning whether a party is insured, and if they do, a mistrial will typically occur.Practically speaking, if a case is filed in court, or if a trial does occur, the defendant will always have INSURANCE (unless the defendant is so wealthy to be self-insured). A plaintiff’s lawyer will not devote 100 or more hours to pursue a claim unless there is a guaranteed source of recovery (i.e., an insurance policy to pay a verdict). If you find yourself on a jury in a civil case, rest assured the defendant will have the means to pay any verdict that is handed down.The defendant’s insurance company hires the lawyer, decides when to settle, and pretty much makes all of the decisions when a case is in litigation. Most of the time a defendant has little, if any, say about how the case is defended or if a settlement should occur. Decisions about whether […]
Full Article At: KnowHow-Now.com Articles
What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician’s case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honoring their own ideals and emerging changed but stronger from the experience.
