What is Medical Malpractice?

The legal definition of medical malpractice is “a legal cause of action that presents itself when a medical professional does not meet the industry standards in their profession and, ultimately, causes injury to an individual/patient.”

To further explain, medical malpractice occurs when any health care provider does not comply with the standard of care in their overall treatment of a patient. The standard of care is defined as what a typical medical care provider would or would not have done if presented with the same or a very similar scenario. Medical malpractice is the result of a health care provider that has been found to be negligent in his or her care. 

Should there be a belief that a medical professional has acted negligently causing injury or damage to a patient then typically a malpractice claim can and should be filed. When filing a medical malpractice claim, however, it is important that people understand that the entire legal process in medical malpractice cases can be incredibly expensive, time-consuming on everyone’s part, create a great deal of stress, and, as statistics tell us, have an extraordinarily high likelihood of failure. 

Statistics further reveal that, within the United States each year, the errors of medical professionals and health care providers are accountable for the deaths of nearly 200,000 patients and that the majority of those malpractice claims brought in these cases have resulted in no payments to either the injured patient or their surviving family members. 
With that said, most medical malpractice attorneys, especially those highly trained, educated and experienced in these types of lawsuits, will not even engage in representation of a client unless they have had all the records with regard to the procedures, injuries and damages thoroughly reviewed by an expert who has determined that a malpractice lawsuit is justified. 

Individuals who feel they have a justifiable medical malpractice claim should begin their legal journey by consulting with an attorney who specializes in the medical malpractice field. The attorney will collect all the pertinent information and records needed as well as conduct personal interviews with the injured party, as well as family members and friends. All of these preliminary steps are necessary in order for an attorney to determine if a case truly warrants the filing of a malpractice claim. 


If you are thinking about filing a claim be certain that you have not passed the deadline for filing such a lawsuit. These deadlines are referred to as 'the statutes of limitation’ and they vary from state to state which means the very first step when contemplating a medical malpractice claim is to confirm that the statute of limitations in your case have not run out. At Popick & Rutman we completely understand the importance of your case and work with due diligence to get things done.

Typical Nursing Home Negligence Cases, Including Falls, Injuries, Abuse…

 The number of nursing home negligence cases today are abundant and elderly home falls, injuries and abuse claims are remarkably common. Statistics tell us that the average nursing home will experience in the range of 150 to 200 falls in any one year. Though many falls for the average person do not result in serious injuries, elderly fall victims typically suffer from fractures, loss of function, disability, loss of their independence as a result of the fall and ultimately a loss in their overall quality of life, all of which are critical to the emotional and physical state of each and every elderly fall victim. 
Elderly falls and the serious injuries that are the result of them are proven to be the biggest and most widespread problems in nursing homes across the country and because the number of people living in nursing homes is continuously and steadily growing, year after year, the number of falls and the seriousness of the injuries will grow as well. With that said, the number of negligence cases, whether falls, injuries or even abuse, will grow as well. 

With the many types of claims that are filed against nursing homes, elderly abuse seems to have made its way to the top of the list. More often than not the family of victims will choose to bring a claim, arguing that the standard of care was seriously deviated from. To begin with, it is difficult to notice signs of emotional abuse or elderly psychological abuse. Studies have revealed that in most negligence cases it is discovered that nursing staff members terrorized, humiliated, intimidated and ridiculed elderly residents with some staff even ignoring the residents and isolating them from activities and other residents. 
Family members should give special attention to the overall mood and state of mind of an elderly family member and if you notice drastic changes, such as refusing to eat or speak, drastic mood changes or a disruption in sleep patterns then chances are your loved one is being abused in one way or another. At this point, you want to notify the resident psychologist, so they can perform an evaluation and interview of your elderly family member to determine if they are being abused in any way. If it is determined they are being abused, then your next step is to contact an attorney and file a claim. 
Physical abuse in elderly homes is just as common. This type of abuse can cause bodily harm, injury, and pain and it has been is discovered that many physical abuse cases include battery or even assault. When you take note of wounds, cuts, burn marks, scratches, bruises, sores, or even bite marks on your family member then rest assured your loved one is being physically abused by the nursing home staff and it is up to you to act on their behalf to protect them.

Nowadays, the negligence cases against nursing homes are so common, sad as it is. If you feel your loved one is being abused in any way at all, contact an attorney today and discuss your concerns and the potential of filing a negligence case against the nursing home and its staff. Protect our elderly from abuse by not turning your back and having the courage and strength to fight back on behalf of your loved one. Contact the law firm of Popick & Rutman today.

How to Choose a Lawyer

If you have a legal matter and have decided it is time to hire a lawyer, the next, and most important challenge you will have is choosing the perfect lawyer. Most lay people do not understand the legal system nor do they know how to choose a lawyer. There are, as we all know, a multitude of lawyers to choose from here in New York. Choosing the appropriate attorney for your legal matter will contribute to a pleasant experience rather than a frustrating one. With that said, it is important to perform your own due diligence when seeking out the perfect attorney. Research, time and patience will play a significant role in this task. 

SOME HELPFUL GUIDELINES FOR HIRING AN ATTORNEY

First and foremost, it is important for clients to know that hiring a good professional lawyer is not a sure fire formula for winning a case. Hiring a good lawyer will, however, offer you the best chances for a favorable outcome and afford you the confidence that you hired and had the best possible legal representation for your case. 

The first step to hiring the appropriate attorney is to determine which practice area is directly related to your legal matter. It is important to hire an attorney in the specific practice area so as to ensure that you have a lawyer that is well versed and experienced in legal matters that mirror your own. 

There are a few general characteristics to look for. An honest and good attorney will be able to share with you a concise fee structure which will help you to determine whether or not the attorney meets the needs of your budget. Another typical characteristic to look for is an attorney who displays good communication and will keep you apprised of all that is going on in your case. Lastly, it is critical to perform research on any attorney before hiring them. Look for past client reviews, any complaints or lawsuits filed against the attorney, or even a win/loss record if one is available. 

TAKE STEPS TO ENSURE YOUR CHOICE IS THE RIGHT CHOICE

As we have mentioned, it is very important to perform your due diligence and as much research as possible before choosing any one attorney to represent you. It is surely a good practice when you find attorneys that are of interest to you, to conduct a simple but informative interview of the attorney. In addition, you can ask the opinion of other attorneys who are perhaps in a different practice area, but are familiar with the attorney you are looking to hire. 

In addition to these two important steps, be certain to do a background check on the attorney as well and, by all means, consult with Martindale-Hubbell Law Directory. Finally, when you feel fairly confident you have found an attorney for your case, then ask to take a tour of their office and check out first-hand the professional layout and the overall feel of the office environment. 

How to Handle a Faulty Product Liability Situation

 So you purchased a product and in just a short span of time learned that your product is faulty and/or defective, and you ultimately suffered injuries as a result of its defect. So what is a consumer to do? You are just an average Joe who purchased a defective, faulty product and have even suffered injuries along the way, but surely you have no idea how to handle a faulty product liability situation. 

Well, to begin with, most product liability cases are extremely complicated and indeed very challenging. The average case typically requires all sorts of expert analyses and testimonies. Depending upon the product itself and the resulting injuries, if any, your case may even require advance scientific evidence or even statistical evidence as well. With that said, the key to your product liability case is finding and hiring the experienced product liability attorney. 

When hiring an attorney for a product liability case, clients are required to pay on a contingent fee basis, although you will probably be required to pay costs up front like filing fees, deposition fees and even expert fees. Since these types of cases can be confusing and complicated, it is best to find yourself an attorney who is up for a challenge and remarkably competent and experienced in product liability. 

INDIVIDUAL LAWSUITS OR CLASS ACTION SUITS

Product liability cases can be filed and pursued by individuals, but many times are filed as class action lawsuits since the faulty product injured or affected many people. If, however, you have been injured using a specific product and wish to pursue an individual faulty product liability lawsuit, then surely that is the approach you should take. Though you will be put under some serious scrutiny about the product itself, your use or misuse of the product and even your injuries suffered, hiring an experienced attorney who will properly represent you can and should be beneficial. 

When filing a product liability case, many times a good lawyer can have your case settled before it has to go to trial. However, if your attorney cannot settle, then the next step is to file suit. Keeping in mind that there is much at stake for the manufacturer of the product should you go to trial, including the fact that your individual case can open the door for many more lawsuits as well, there is a good chance that with a highly professional and experienced product liability attorney your case can settle out of court. The manufacturer’s fear of exposure from the case may force their hand to settle quickly, fairly and out of court. 

What to do if Injured on the Job in New York State

 Whenever an employee is injured on the job, it is important to know your rights. Our law firm is here to assist you and explain what to do if injured on the job in New York State. We offer a free consultation wherein we analyze your claim and determine what exactly we can do to help you during this difficult time. 

It is mandatory for all employers in New York State to carry Workers’ Compensation Insurance. Workers Comp is specifically designed to provide necessary medical care and a percentage of lost wages to an employee during the recovery period following their injury. When a work-related injury takes place the incident and claim are reported to the employer’s insurance carrier. 

The insurance company will determine a specific length of time that an injured employee is allowed to be out of work as a result of their injury. If, however, after this designated period of time you find you are still unable to work, then this is where the experience and know-how of our capable attorneys will come in. In this scenario, trying to represent yourself would not be in your best interest since the system and the insurance companies can be remarkably complex. 

HIRE A WORKERS’ COMPENSATION ATTORNEY 

As a Workers’ Compensation claimant you are entitled to hire an attorney to represent you and fight for your rights. With that said, we want every employee who has been hurt on the job to reach out to our superior team of lawyers for an informative free consultation. We will gather information from you, review your claim and determine what your rights are and what we can do to help you. Our attorneys are committed and dedicated to all our clients and strive to deliver top of the line legal representation. We will provide legal advice, handle all the necessary, and sometimes confusing, paperwork, and represent you in the courtroom as we strive to be awarded the maximum benefits that you deserve based upon your injury and any disabilities resulting from same. 

Insurance companies are famous for denying claims and/or sending injured employees back to work long before they are capable of doing so. This is where our expert attorneys come in. We are here to protect your rights. Insurance companies want to pay little to nothing at all to the worker, which is why it is in your best interest to contract with our team in order to best protect your rights and to make certain that you are properly compensated for your injuries. 

During your free consultation, we will explain the entire Workers’ Compensation process to you. In addition, we advise all our clients that in New York the Workers’ Compensation judge sets the attorney fee that would be awarded to us for the representation of your claim. Our fees are based on the amount of money awarded to you, the claimant, by the court as well as on the amount of work we perform on your behalf. There is no set fee or percentage fee since the fee is set by the Judge at his or her discretion. As a rule of thumb, the fees for a Workers’ Compensation attorney typically run about 15% of the award a claimant receives from the court.

MUST FOLLOW STEPS IF YOU ARE INJURED ON THE JOB 

First and foremost, you must report your injury immediately to your boss or your supervisor. You do have a maximum of 30 days from the date of the accident or incident to notify your employer to protect your rights. 

Next, get medical attention as soon as you can following the accident and be certain to tell your doctor that it is a work-related injury. 

To protect your rights under Workers’ Compensation Law, be certain to reach out to our highly experienced and professional team of attorneys for your free consultation. 

Finally, be certain to file a C-3 form that is required by the Workers’ Compensation Board within two years from the date of your accident. 

Every injured employee should be properly compensated for their lost wages, their injuries, and any disabilities they may suffer as a result of their work-related accident. Remember filing a Workers’ Compensation claim is not easy, so don’t lose out on what you deserve or jeopardize your rights. Contact us today. We look forward to serving you.