There’s a radio advert that says you ‘re not going to buy a house from a cabdriver who wants to take you past the door. Of course, the presumption is that the cabdriver has little or no knowledge of the home or yourself. Law Offices of Stuart M. Kerner, P.C. – Bronx Medical Malpractice Attorney is an excellent resource for this. The basic message ‘s apparent reality applies to almost every facet of our lives. Very few of us will employ someone to do something as important as being a babysitter for our kids or as fairly simple as fixing our car without making confident that the person we employ knows what they are doing and has a good track record on which we can rely. With that basic concept in mind, I am often shocked how often a person hires an attorney to handle a case of medical malpractice (as well as many other types of cases) without knowing who the attorney is; what experience they might have in the field; what their record of performance in the field may be; or where they stand in the eyes of their peers and opponents.
Normally, when a person is injured due to medical malpractice, a complaint against a doctor or health care provider is the furthest thing from his mind. Concerns over one’s health; one’s ability to keep working and provide for a family; and, one of the even more important problems is the need to reclaim one ‘s position as a responsible member of society. This is usually not until these issues have been resolved or acknowledged that people can consider that there could have been malpractice. Sadly, sometimes the knowledge that one’s life changing injury may have been preventable adds to the situation’s complexity.
The quest for a medical malpractice attorney usually begins within this emotionally charged and disturbing context. Of course, most people don’t know which lawyers are concentrating their practice on a specific area or which lawyers are concentrating their practice on the highly specialized and challenging field of medical malpractice. Some lawyer ads indicates that the lawyer who paid for the commercial is an specialist in all aspects of the law including medical malpractice. With personal pressures and no way to differentiate which attorneys really know how to treat a case of medical malpractice, many people are going to hire the wrong lawyer.
Another part of the difficulty that an injured person struggles with when he or she wants a case is the perceived role of litigation in society today. Lawsuits are not and should not be for a “fast dollar” or a “paid day” keeping a business hostage. The system of civil justice is about responsibility-about putting blame where it belongs. It’s about ensuring those injured are compensated for what they will never get back. It is about making sure that the person has the same rights as the rich and influential, regardless of his or her financial or social status. It’s about ensuring we are all respected in society.
Not every error will or should form the basis for a lawsuit. Yet there are a number of legitimate reasons for bringing a case. Obviously the easiest explanation is to correct a error. In our culture and our society as a whole there is also significant value to many in that meritorious cases discourage similar behaviour. Unfortunately, the role of litigation in society was deeply affected by media coverage from a handful of litigation, some of which were inaccurately depicted to fit an ideology and some of which were correctly represented but should never have been brought. The end result is that cases are almost the definition of what’s wrong with our culture today for a large number of people. Supporters of our judiciary depict our courts as out of reach, prosecutors as arrogant, and litigation as detrimental to the economy and culture as a whole.
Those are of course positions taken to push an agenda. Such critics do not discuss the transparency and fair rights that a lawsuit can bring. We will not take into account the significant social changes which the courts have brought about. We will not compensate for the fact that the consequences of a lawsuit have made workplaces and goods healthier. We will not compensate for the millions of people who have regained any of the ungotten profits that stockbrokers and companies have fleeced. They will not account for the many individuals who do not need to return to public assistance for their health needs because ample financial services have been given by a lawsuit. For short, they do not account for any of the benefits a case brings to society. Instead, as indicative of our culture as a whole, they concentrate on some instances of ill-conceived or improperly handled cases.