Kahn Roven, LLP – Excellence in Personal Injury Attorney

Personal and Auto Accident Injury Attorneys in Los Angeles


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What Goes Into A Medical Malpractice Claim?

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When you are undergoing a medical consultation or treatment, even a slight error in diagnosis, medication, treatment or aftercare can have serious repercussions on your health. This kind of negligence or malpractice can cause harm or injury, delay the healing or recovery or even leave you disabled or dead.

In such cases, the healthcare provider is considered legally liable to pay compensation to the patient. You have the lawful right to file a case and move the court to claim damages.

It follows that this will not only be a financial liability to the doctor/hospital at fault, but can also adversely affect their reputation and standing in both the medical circles and the patient community. Therefore, they will try every which way to deny the fault and avoid paying the compensation.

Things can get quite intimidating at this point and it is also tough for a layperson to prove the medical malpractice, especially when the healthcare provider has a battery of lawyers on their side. Hence, it is best to consult medical malpractice lawyers in Los Angeles, California to discuss the viability of your case.

Skilled and experienced attorneys like Kahn Roven LLP  will carefully study the situation and first seek to establish a clear doctor-patient relationship with the doctor you are suing and that he or she was treating you directly. Then they clarify whether the healthcare provider was actually negligent and failed to provide reasonably competent, skilful or careful treatment. Moreover, they are aware that it is imperative to prove that the negligent diagnosis or treatment actually caused a specific harm or injury. Apart from this, the lawyers will evaluate whether the value of the injuries and damages is substantial and justifies the time, effort and costs of litigation.

If the case seems feasible and you give the go ahead, the skilled medical malpractice lawyers in Los Angeles, California will persevere to prove that you suffered from the violation of acceptable medical standards of care and will even engage expert testimony to ensure that you get the compensation you deserve!

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Do Personal Injury Cases Take Too Long To Get Resolve?

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There are daunting stories of how personal injury cases keep dragging on and on. It often takes as much as 5 to even 7 years for accident victims to recover damages from the guilty party, if any.

Myth or Fact?

Truth be told, no personal injury lawyer in Los Angeles, California can accurately predict the time frame for a claim to actually settle. Various facets of the case come into play here – like the extent of injuries and the time it takes to recover fully. Similarly, the case can stretch out if there is difficulty in establishing a clear liability for the injury, unduly large value of damages or other factual issues.

On the other hand, if the personal injury claim is clear-cut and the plaintiff is willing to accept the settlement offered by the insurance company, the case can be closed within a few months itself.

However, it is often noted that insurance adjusters deliberately offer a radically low settlement that is far less than the case’s actual worth and attempt to drag out the case as much as possible. They feel that the plaintiff will get fed up of the delays and accept a lowball offer just to avoid getting tied up in a lengthy trial. Accepting this results in a short settlement that is decidedly unfair.

This is why it is best to prepare yourself before stepping into a personal injury claim and have an expert personal injury lawyer in Los Angeles, California by your side. Take Kahn Roven, LLP  for instance. The skilled and experienced attorneys will first determine the value of your claim and inform you about the complexities that can affect the duration of the case. They will also advise you on when it makes sense to accept a settlement offer and when it is better to hold out for a longer trial.

 

 


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Before You File A Medical Malpractice Claim

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It is estimated that medical errors kill almost 200,000 patients in the U.S. every year! This could be because a healthcare professional neglected to provide appropriate treatment, provided substandard treatment or did not take appropriate action. The negligence can vary in the diagnosis, type of medication, dosage, treatment or even after care.

This is termed as medical malpractice and the patient is liable to claim damages. The mismanagement may not always lead to the death of the patient; it can even cause severe injury or harm their health.

However, actually being able to recover just compensation from the healthcare professional or provider is another story altogether. This requires the services of skilled and experienced medical malpractice lawyers in Los Angeles, California.

Why is this so?

Having a professional attorney representing your legal interests can help you in more ways than one. Like:

Determine validity – Deciphering what amounts to medical malpractice is quite complicated. For instance, the case is not considered actionable if you cannot establish that you actually had a doctor-patient relationship with the said healthcare professional. It is also essential that the medical error should actually violate the normal standards of care and should further, result in an injury, damage or other harm to the patient, that too which is quantifiable.

As most established medical malpractice lawyers in Los Angeles, California offer a free initial consultation, it is in your interests to run the case by an attorney before filing a claim. The lawyer will discuss your case in detail before establishing whether you actually have a valid legal claim or not.

Substantial value – Pursuing a valid medical negligence case does not make sense if the dollar value of the damages is not enough to cover the cost and effort involved in the legal proceedings. The attorney will estimate the compensation for the injury, pain, suffering, lost wages and decreased earning potential before comparing it with the costs of litigation.

Time limit – A Statute of Limitations curtails the period within which you need to raise a medical malpractice claim against any healthcare professional. This limit varies from state to state and also differs based on the type of healthcare institution. These limits are very strict and can be quite short in some cases. An attorney will first check the applicable period as the most valid of medical negligence claims will also be permanently barred later.

Legal assistance – A medical malpractice claim is much more intricate and tricky than a regular personal injury case. It requires cautious handling and skilled negotiations at every step. In case the case goes to court, you have to provide compelling proof that clearly establishes that the healthcare professional was negligent and failed to provide due care as he should have. A seasoned attorney will secure the required medical records, expert witnesses and other evidence to support the claim.

 

 


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Why Medical Malpractice Needs an Attorney

Receiving poor medical treatment in a healthcare facility or even a wrong diagnosis by a medical professional entitles you to claim monetary compensation from the at-fault party. However, the procedure is not as simple as filing a claim and getting paid fair and square for the damages.

Medical malpractice cases can get quite complicated when it comes to determining whether your specific condition meets the legal requirements for claiming compensation. This is where qualified medical malpractice lawyers in Los Angeles, California can be of great service.

For instance, you may not be aware that you have to establish a clear doctor-patient relationship for the claim to be considered valid. In case a doctor happens to analyze your physical condition in a social setting and that opinion turns out to be wrong, it cannot be deemed as a case of medical malpractice.

Moreover, even if the doctor had provided an incorrect diagnosis or failed to render the required medical care in a professional capacity, the claim will still not be valid unless you can clearly prove that the doctor behaved negligently!

Then again, even if the doctor is guilty of gross misconduct, the neglect should directly be linked to a resultant harm or injury.

Going further, the injury should be palpable in the form of a financial or even non-financial damage that can be quantified.

Take Legal Step Against Your Physician

Therefore, it is clear that you need medical malpractice lawyers in Los Angeles, California by your side to evaluate your case and determine whether pursuing the medical malpractice claim makes monetary sense or not. They will also guide you through the legal procedure, help you in negotiating a settlement, and take the case to trial if needed.

Who can be better than the skilled and experienced team at Kahn Roven, LLP (www.kahnroven.com) for assessing the merits of your medical malpractice claim and determining the chances of recovery?


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Medical Malpractice Deserves Compensation

We view doctors, nurses, and hospitals as the hands of God. They are the ones who find the cure for our complaints and sickness and nurse us back to good health. We trust them blindly to do the right thing that our body and health needs.

However, they are humans too and anything from the diagnosis to the treatment and medication can go wrong at times. But what if the mistake proves harmful or even fatal? Though this rarely happens, if the error is due to gross negligence or misconduct, it’s time to get medical malpractice lawyers in Los Angeles, California into the picture.

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The US law deems medical malpractice a serious case of personal injury and provides that the suffering patient should be duly compensated for the same. You can sue the doctor or even the hospital and recover fair and reasonable damages.

However, a lot of legal requirements have to be fulfilled before you can claim to have a valid case of medical malpractice. For instance, it is mandatory to clearly establish a doctor-patient relationship between the defendant and plaintiff before bearing out that the doctor/nurse failed to provide reasonably competent, skillful, or careful treatment. This negligence should be in violation of the acceptable medical standard of care as well. Moreover, it is essential that the negligence should directly lead to an injury or damage.

In case you feel that you are suffering due to a wrong diagnosis, improper medication, or that your surgery was unnecessary/involved errors or even that you received poor medical care or were discharged prematurely, you would do better to consult a qualified injury attorney in Los Angeles, California like KahnRoven, LLP. The medical attorneys at www.kahnroven.com will evaluate the merits of your case (for free) before recommending the best course of action.