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.