I would like to wish everyone a Merry Christmas!!!! As many of you may know, Washington, D.C. is covered in snow and is on its way of having a white Christmas.  Many of us have been stuck inside, however, our Congress is

I would like to wish everyone a Merry Christmas!!!!

As many of you may know, Washington, D.C. is covered in snow and is on its way of having a white Christmas.  Many of us have been stuck inside, however, our Congress is braving the snow and icy streets to negotiate and debate the Health Care Bill. As the Federal Government warns, even instruct us, to stay off the road, our Senators are risking there lives for Health Care. Is that brave or stupid? I know President Obama wants the Bill to go through the Senate before Christmas, but come on, will a few weeks make a difference?

My suggestion, either stay home and debate when it clears up, or have fun and do what the rest of D.C. is doing -- having Snowball Fights!!!!

About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

 According to the United States Department of Transportation, over six million traffic accidents occur each year, of which nearly 40% are caused by drinking and driving. An average of one alcohol related death occurs every 30 minutes and every two minutes an individual is injured in an alcohol related traffic accident. Alcohol related traffic accidents are defined as any vehicular accident in which alcohol has been, or is believed to have been, consumed by the driver, a passenger, or a pedestrian associated with the accident.

Those suffering from injuries due to others lack of concern for their fellow drivers end up missing work, dealing with lingering pain, having to pay heavy medical bills, losing sleep and dealing with the mental stress of chaos in their lives. It isn’t right or fair that the innocent pay for the actions of the guilty. 

Please be careful this Holiday Season.

 About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

Doctors and hospitals are entrusted with the care of patients. The expectation is to improve health or facilitate a cure. However, instances occur that result in further injury or death. A health care provider, usually a doctor, fails to provide the necessary care or makes a conscious choice to deviate from the standard treatment acceptable to the medical community. As a result, the courts have the obligation of determining negligence in a medical malpractice case.

Defining Malpractice

In order to judge fairly whether a medical professional did not perform the duties or treatments of the profession, it is important to define what constitute malpractice. Patients experience further injury or death, despite the best medical care available to man. Thus, the judge or jury must decide whether the patient simply took a turn for the worst, or the fault lies with the care provided. Malpractice may have occurred, if:

• The health care provider fails to provide the expected standard of treatment as determined by the medical community
• Treatment is delayed for an unreasonable period of time, resulting in further injury or death
• The health care provider fails to properly diagnose the patient
• Unsanitary conditions existed in the healthcare facility

Again, this all may constitute some form of medical negligence; however, in order to prove medical malpractice, certain elements must exist in every case. First, malpractice in some form or fashion must have occurred during the treatment of a patient. Second, the doctors negligence must have been directly related to injuries or damages incurred by a patient. Third, these damages must actually exists and be indisputably the product of the negligent actions taken by healthcare professionals.

A Malpractice Case

Although some people sue for malpractice in order to get ‘even’, the process is generally initiated for more practical and altruist reasons. Further injury generally requires addition treatment-sometimes for the balance of a lifetime. The ensuing medical expenses are astronomical. A successful lawsuit ensures the patient receives the necessary treatment and care. In the event of injury or sudden death, the courts also provide compensation for lost earning potential and anticipated wages for the years remaining before likely retirement, so the family can still pay the bills and stay in the home. Of course, a successful malpractice case against a negligent health care provider often results in revocation of licensure, so no other patient will have to endure a similar fate.

Getting Legal Help

If a health care provider is negligent, resulting in further injury or death, seek the services of a medical malpractice attorney. Discuss the merits of the case, and the potential for a successful outcome. With the help of a legal professional, learn what documentation is required, including expert witnesses to call, in order to provide the court with the necessary information, to determine the award deserved for compensation. Get the monetary amount needed to provide for current and future related medical treatment and take care of the future.

About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

That is just ridiculous.  In a CNN article by Stephanie Smith posted October 13, 2009, Ms. Smith quotes a study from the American Journal of Medicine that found that 62% of bankruptcies in 2007 were a result of medical debt compared to 8% in 1981.  If that is not reason enough for health care reform, I do not know what is.

To live in one of the greatest countries and to have that statistic is embarrassing.  I am sure that the 62% of bankruptcies were hard working individuals that could not afford their insurance premiums due to the continuous rise of said premiums.  As insurance companies are making record profits, the injured, sick, unprotected individual is suffering and taking on a debt that he can't refuse.  What is his/her choice, not to treat the cancer? not to remove the appendix? just die.

I pray that our government can come together in this time to find a solution so that we as a country can brag to the rest of the world that we do have the best health care system and not have statistics such as the one above.  And for all those out there that that believe that we need medical malpractice reform, show me the hard data that directly correlates medical malpractice to insurance premiums.  Oh yeah, and I would like that data from a source that is not the insurance companies or the many organizations insurance companies retain come up with such false data.

Legal malpractice may occur where a lawyer acts in a negligent manner when providing legal advice or representation.

The Elements of Legal Malpractice

Typically, to prevail in a legal malpractice case, a plaintiff must prove all of the following:

·         The existence of an attorney-client relationship;

·         Negligence in the legal representation of the plaintiff;

·         That the negligence was a proximate cause of an injury;

·         The fact and extent of the injury alleged.

In many legal malpractice actions, there may be discussion of whether the plaintiff could win the "case within a case". This discussion occurs in malpractice cases involving prior litigation, where a plaintiff claims to have either lost or to have recovered a smaller amount of damages than warranted by the facts and law, as a result of the original lawyer's malpractice.

In order for the plaintiff to establish that damages were suffered as a result of the alleged malpractice, it is often necessary for the plaintiff to prove that, but for the malpractice, a favorable verdict would have been won or greater damages recovered. In essence, this is a retrial of the original litigation within the context of the malpractice action - a case within a case.

Proving Legal Malpractice

As the elements outlined above suggest, the first thing a plaintiff must do in order to prove legal malpractice is to establish that an attorney-client relationship existed, without the relationship, the lawyer doesn't have any duty to the client, and there is no basis for a malpractice action.

The plaintiff must then establish the "standard of care" which governed the legal representation, and show that the attorney violated that standard of care. Sometimes this is easy, and may not even require any expert testimony. However, as legal representation is often complex, it is often necessary to use an expert witness to establish the governing standard of care, and to describe how the lawyer violated that standard of care.

Next, it is necessary to demonstrate that the plaintiff suffered an injury as a proximate result of the lawyer's negligence. That is, that the injury followed from the lawyer's misconduct.

Finally, the plaintiff must ordinarily establish that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages. Even if all other elements of a malpractice case are established, if the plaintiff cannot show that any damages resulted from the legal malpractice the lawyer will typically be entitled to a dismissal of the case.

About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.