California is a notoriously unfriendly state for business. This reputation extends to business entities for professionals practicing in the state.
California is a state with a very unique view towards business. Most business entities, for instance, are required to pay an $800 fee for the “privilege of doing business” in the state. This fee is in addition to any other fees charged in relation to the formation or maintenance of the business.
Lawsuits are so common these days that you need very concrete evidence to prove that wrongdoing has been done. In the case of a possible medical malpractice lawsuit, this fact is even more emphatic since many times the proper course of action is a judgment call by the doctor or medical team, and many times there is not really a right or wrong answer.
Comment by Attorney Gerry Oginski:
Medicare is a federal program that pays for medical bills and hospital expenses. In a dramatically new twist, Medicare has decided that where a patient suffers injuries at the hands of a doctor or a hospital, and the patient requires additional medical care or treatment because of that wrongdoing, they will refuse to pay for those errors. The dilema that Medicare will face is trying to determine exactly what constitutes error by a doctor or hospital, as opposed to a possible complication that might arise from a particular procedure.
Can doctors be trusted? Some doctors know more about our bodies then we do. But doctors are not super humans! They make mistakes just as much as anyone else so, it is best to get a second opinion. I should know I became a victim of being misdiagnosed but thanks to my wife, for being a medical assistant, we got a second opinion.
Most people when thinking about malpractice suits are not aware that there are also dental malpractice suits filed. Dental malpractice suits are in their own category but just as any other person in the medical field, dentists are liable for improper treatment services.
The frequency of the number of claims in dental malpractice is pretty steady. The claims are smaller of course than in the medical field. Here is a range of injuries, due to improper dental treatment that can lead to a dental malpractice claim: injuries to jaw, lip and tongue nerves, injuries related to anesthesia and death.
Learn how to be a black belt attorney when questioning a doctor at their deposition.
1. Never give advance warning of what you intend to ask.
A black belt is confident of their abilities. They don’t need to show off. They don’t need to put on a show. They certainly don’t need to impress the doctor with their legal prowess. When questioning a doctor at a deposition, I always advocate asking the key questions in the case AT THE VERY BEGINNING of the questioning.
