Frequently Asked Questions
What Kinds Of Compensation Are Available To Patients Filing A Medical Malpractice Lawsuit?
If you have suffered an injury due to medical malpractice, there are three kinds of damages available through a lawsuit:
1. General damages. This is compensation for the suffering caused by the malpractice, i.e physical pain, mental pain and suffering, loss of enjoyment of life…
2. Special damages. This type of damage is the more quantifiable expense linked to the malpractice. Such damages include medical bills and reimbursement for lost income due to time missed at work.
3. Punitive damages. These damages are the rarer type of damages seen in medical malpractice cases. Punitive damages are meant to punish a physician or medical facility due to extreme conduct, for example, where a patient was intentionally harmed.
What Mistakes Can Amount To Medical Malpractice?Medical malpractice occurs when a patient is harmed due to the failed performance of a doctor or other medical professionals. To prove medical malpractice, there must be proof that the medical professional was negligent. Medical professionals can neglect patients through:
1. Failing to diagnose, or misdiagnosing an illness or condition.
2. Not following proper medical procedures while treating a patient
3. Forgetting to warn a patient of the risks of a procedure or prescription drug.
What Mistakes Can Amount To Wrongful Diagnosis?1. Interpreting results from tests incorrectly
2. The ignorance of the patient’s prior medical history
3. The failure to order tests
4. Delaying testing
5. The failure to confirm the diagnosis with other healthcare professionals
What Is A Personal Injury Case?The legal definition of a personal injury is an injury to the body, mind, or psyche caused by another’s failure to use reasonable care. If you’re suffering from injuries due to someone else’s neglect, you may be entitled to compensation. Contact an experienced attorney at LaCourse Law to determine if you have a case.
If An Insurance Adjuster Calls Me, What Should I Do?Do not give a recorded statement to their claims representative. The insurance company of the other driver is looking for any mistake you made that could have contributed to the accident so that they can claim that the accident was partially your fault in order to reduce their payout. You can always tell the insurance adjuster to contact your attorney if you have one.
What Damages Are Available In A Personal Injury Case?1. Economic damages: Medical bills, lost income and earning capacity, property damage, and the cost of future treatment.
2. Non-Economic damages: Pain and suffering, mental anguish, and loss of enjoyment of life.
3. Punitive damages: These are meant to punish the defendant and deter this type of conduct- punitive damages are rarely awarded.
Am I Eligible For Compensation If Someone Else Caused My Accident?If you have damages and injuries due to someone else’s negligence or recklessness, you may be entitled to compensation for your injures. It is important to discuss your case with an experienced injury attorney to get professional advice and guidance on your situation, preferably before you talk to any insurance company.
Who Can Be Held Responsible For My Injuries?The party or individual that caused your injuries due to their own negligence can be held responsible. However, as every case is different, the person who can be held responsible for your injuries can depend on the cause of your injury. In the case of medical malpractice, the person who can be held responsible may be a specific doctor, or it could be a team of surgeons, whereas, in an auto accident case, the other driver may be held responsible.
Can I Receive Compensation From A Store If I Am Injured Due To A Slip And Fall Accident?As all cases are different, the specific facts of each case can determine whether an injured person can receive compensation from a store for a slip and fall accident. Stores have a duty to keep their floors clean and safe for customers, and should have their employees routinely inspecting the floors to make sure there are no potentially dangerous areas. If there is a substance on the floor that someone can slip on, and a plaintiff can show the substance has been there for a good amount of time (and/or the store had notice of it), then he or she may be able to recover damages.
How Do You File A Lawsuit Against A Nursing Home For Abuse Or Neglect?
There are four factors a lawsuit against a nursing home for abuse and neglect must prove:
1. Duty of care: The nursing home had a duty to care for your loved one.
2. Negligence: The nursing home failed to act in a prudent and reasonable manner.
3. Causation: Due to the negligence of the defendant, your loved one has suffered in some way: i.e physical or emotional injuries.
4. Damages: Your loved one experienced damages as a result of the defendant’s actions.
Are Some People More Subject To Elder Abuse Than Others?Yes, some medical problems may make some elderly people more subject to abuse or neglect than others. For example, those with dementia or Alzheimer’s disease are prone to more abuse and neglect than the average elderly person.
How Do You Report Nursing Home Abuse in Oklahoma?1. If your loved one is in immediate danger, remove them from the nursing home. You can call 911 for emergency assistance.
2. Report your suspicions to a manager at the nursing home. Report this verbally and in writing, and ask for a written response.
3. Record in note form what your suspicions are of the abuse and neglect. Include any comments or concerns you have heard from your loved one, alongside what you have seen first hand.
4. Contact the Oklahoma Long Term Care Intake and Incident Divison. Their email is LTCComplaints@health.ok.gov.
5. Contact a nursing home abuse attorney.
What is Civil Litigation?Civil litigation covers a variety of legal proceedings. Civil cases are litigated in civil courts as lawsuits, rather than being tried in a criminal court. There are two primary branches of civil litigation:
1.Tort Law: A tort occurs when someone causes harm to another person or another person’s property. This harm can be done deliberately or as a result of carelessness.
2. Contract Law: Contract law is concerned with interpreting agreements between parties and resolving any disputes.
Does My Case Have To Go To Court?It may be in your best interest to not go to court for your case. An experienced civil litigation attorney can give you the best advice when settlement is appropriate, what type of settlement is fair and when litigation is your best option. Contact an experienced attorney at LaCourse Law to help.
Where Must Probate Occur?Probate must take place in the county where the decedent lived. If they were a resident of another state, but owned property in Oklahoma, probate must be conducted in the county where they owned property.
Do I Need A Probate Lawyer?A personal representative does not have to hire an attorney. However, personal representatives are personally liable for the mistakes they make: i.e failing to properly maintain the assets during the probate, or failing to ensure each heir receives their proper inheritance. Hiring an attorney doesn’t just help avoid personal liability, but it ensures that everyone involved exits the process with all their relationships intact.
How Long Does Probate In Oklahoma Take?In Oklahoma, most probate can be done in four to six months. However, each case is different and factors such as fighting, or litigation can contribute to the timeframe being extended.
Does the Mediator Represent One Party or Both?Mediators are there to help both parties come to an agreement. They cannot work for one side of the conflict, nor can they give you any legal advice, although a mediator may be an attorney, they are not YOUR attorney, they do not represent you. Mediators are the bridge between the gap between you and the other party, working to help both sides come to agreements on both big and small issues.
How Long Does Mediation Take?Depending on the case, one mediation session can take from two hours up to a whole day. The length of the mediation process is all dependent upon how many issues need to be discussed and agreed upon, and the complexity of both the case and relationship of the two parties.
What are The Benefits of Mediation?1. Usually costs less than litigation.
2. Allows for more personal control over decision making.
3. Private and confidential.
4. More than often helps to reduce hostility.
Can We Hire the Mediator to Prepare the Documents?Yes! If you and your ex are not represented by attorneys, our office is happy to draft the paperwork. Our office is happy to assist in the process at any time from filing the Petition, to the finalization and filing of the Decree, to preparing and filing a Quit Claim Deed or Q.D.R.O. to transfer property in accordance with the Decree.
What Does the Mediation Process Look Like?
- Meet with both parties to gain an understanding of your agreement and obtain any documents we believe are necessary to facilitate the same.
- Both Parties sign a Mediation Agreement that employs our office to do this.
- We begin filing a Petition and then a Waiver of Service.
- We will then memorialize your agreement in a form acceptable to the court:
- 1. First in the form of a Temporary Order, if necessary, that will be in place until the Decree is entered.
- Then in a Final Decree of Separation (or Dissolution of Marriage), Child support computation, Joint Custody Plan, Confidential Property Settlement Agree and Quit Claim deeds will be prepared if necessary.
- It usually takes our office 2-3 visits of approximately 1-2 hours a piece to accomplish this, more if the case becomes more complex.
What is the Cost of Mediation?The final cost of mediation is dependent on the amount of time it takes. We charge at the attorney’s hourly rate of $300/hour and the paralegal’s hourly rate of $100/hour for this work. Depending on the number of meetings with our office and the duration of said meetings, it is usually done for less than $3500 including filing fees and all cost, however, this amount could be more or less depending on the complexity of your case.