D.C. Injury Law Journal : Washington D.C. Personal Injury Lawyer & Attorney : Gabriel Assaad Law Firm : D.C. Injury Law Journal

 According to the United States Department of Transportation, over six million traffic accidents occur each year, of which nearly 40% are caused by drinking and driving. An average of one alcohol related death occurs every 30 minutes and every two minutes an individual is injured in an alcohol related traffic accident. Alcohol related traffic accidents are defined as any vehicular accident in which alcohol has been, or is believed to have been, consumed by the driver, a passenger, or a pedestrian associated with the accident.

Those suffering from injuries due to others lack of concern for their fellow drivers end up missing work, dealing with lingering pain, having to pay heavy medical bills, losing sleep and dealing with the mental stress of chaos in their lives. It isn’t right or fair that the innocent pay for the actions of the guilty. 

Please be careful this Holiday Season.

 About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

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Doctors and hospitals are entrusted with the care of patients. The expectation is to improve health or facilitate a cure. However, instances occur that result in further injury or death. A health care provider, usually a doctor, fails to provide the necessary care or makes a conscious choice to deviate from the standard treatment acceptable to the medical community. As a result, the courts have the obligation of determining negligence in a medical malpractice case.

Defining Malpractice

In order to judge fairly whether a medical professional did not perform the duties or treatments of the profession, it is important to define what constitute malpractice. Patients experience further injury or death, despite the best medical care available to man. Thus, the judge or jury must decide whether the patient simply took a turn for the worst, or the fault lies with the care provided. Malpractice may have occurred, if:

• The health care provider fails to provide the expected standard of treatment as determined by the medical community
• Treatment is delayed for an unreasonable period of time, resulting in further injury or death
• The health care provider fails to properly diagnose the patient
• Unsanitary conditions existed in the healthcare facility

Again, this all may constitute some form of medical negligence; however, in order to prove medical malpractice, certain elements must exist in every case. First, malpractice in some form or fashion must have occurred during the treatment of a patient. Second, the doctors negligence must have been directly related to injuries or damages incurred by a patient. Third, these damages must actually exists and be indisputably the product of the negligent actions taken by healthcare professionals.

A Malpractice Case

Although some people sue for malpractice in order to get ‘even’, the process is generally initiated for more practical and altruist reasons. Further injury generally requires addition treatment-sometimes for the balance of a lifetime. The ensuing medical expenses are astronomical. A successful lawsuit ensures the patient receives the necessary treatment and care. In the event of injury or sudden death, the courts also provide compensation for lost earning potential and anticipated wages for the years remaining before likely retirement, so the family can still pay the bills and stay in the home. Of course, a successful malpractice case against a negligent health care provider often results in revocation of licensure, so no other patient will have to endure a similar fate.

Getting Legal Help

If a health care provider is negligent, resulting in further injury or death, seek the services of a medical malpractice attorney. Discuss the merits of the case, and the potential for a successful outcome. With the help of a legal professional, learn what documentation is required, including expert witnesses to call, in order to provide the court with the necessary information, to determine the award deserved for compensation. Get the monetary amount needed to provide for current and future related medical treatment and take care of the future.

About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

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That is just ridiculous.  In a CNN article by Stephanie Smith posted October 13, 2009, Ms. Smith quotes a study from the American Journal of Medicine that found that 62% of bankruptcies in 2007 were a result of medical debt compared to 8% in 1981.  If that is not reason enough for health care reform, I do not know what is.

To live in one of the greatest countries and to have that statistic is embarrassing.  I am sure that the 62% of bankruptcies were hard working individuals that could not afford their insurance premiums due to the continuous rise of said premiums.  As insurance companies are making record profits, the injured, sick, unprotected individual is suffering and taking on a debt that he can't refuse.  What is his/her choice, not to treat the cancer? not to remove the appendix? just die.

I pray that our government can come together in this time to find a solution so that we as a country can brag to the rest of the world that we do have the best health care system and not have statistics such as the one above.  And for all those out there that that believe that we need medical malpractice reform, show me the hard data that directly correlates medical malpractice to insurance premiums.  Oh yeah, and I would like that data from a source that is not the insurance companies or the many organizations insurance companies retain come up with such false data.

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Legal malpractice may occur where a lawyer acts in a negligent manner when providing legal advice or representation.

The Elements of Legal Malpractice

Typically, to prevail in a legal malpractice case, a plaintiff must prove all of the following:

·         The existence of an attorney-client relationship;

·         Negligence in the legal representation of the plaintiff;

·         That the negligence was a proximate cause of an injury;

·         The fact and extent of the injury alleged.

In many legal malpractice actions, there may be discussion of whether the plaintiff could win the "case within a case". This discussion occurs in malpractice cases involving prior litigation, where a plaintiff claims to have either lost or to have recovered a smaller amount of damages than warranted by the facts and law, as a result of the original lawyer's malpractice.

In order for the plaintiff to establish that damages were suffered as a result of the alleged malpractice, it is often necessary for the plaintiff to prove that, but for the malpractice, a favorable verdict would have been won or greater damages recovered. In essence, this is a retrial of the original litigation within the context of the malpractice action - a case within a case.

Proving Legal Malpractice

As the elements outlined above suggest, the first thing a plaintiff must do in order to prove legal malpractice is to establish that an attorney-client relationship existed, without the relationship, the lawyer doesn't have any duty to the client, and there is no basis for a malpractice action.

The plaintiff must then establish the "standard of care" which governed the legal representation, and show that the attorney violated that standard of care. Sometimes this is easy, and may not even require any expert testimony. However, as legal representation is often complex, it is often necessary to use an expert witness to establish the governing standard of care, and to describe how the lawyer violated that standard of care.

Next, it is necessary to demonstrate that the plaintiff suffered an injury as a proximate result of the lawyer's negligence. That is, that the injury followed from the lawyer's misconduct.

Finally, the plaintiff must ordinarily establish that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages. Even if all other elements of a malpractice case are established, if the plaintiff cannot show that any damages resulted from the legal malpractice the lawyer will typically be entitled to a dismissal of the case.

About the author:

Gabriel Assaad has successfully litigated multiple cases on behalf of injured victims in the District of Columbia, Virginia and Maryland.  Mr. Assaad graduated from a top 20 law school and is a member of national and local organizations dedicated to protecting the rights of the injured.  In addition, Mr. Assaad also volunteers as General Counsel to Mission Life Center which provided services (medical and social services) to people in need and Care in Action, an international organization providing AIDS care in Africa.

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This week Congress reconvenes in Washington, D.C. and health care reform will be front and center. This a serious concern that medical malpractice reform will be used as a bargaining chip by the Democrats and the Obama Administration in order to get a Health Care Reform bill passed.  

President Obama will be addressing the nation this evening and is expected to set forth what he wants in a health care bill.   We must keep medical malpractice reform out of the Healthcare Bill. Why? Because....

·         Medical malpractice should not be a bargaining chip. Health care reform is about making sure that every American has access to quality, low-cost health care, not about limiting the legal rights of innocent patients harmed by medical negligence.

·         Taking away patient rights does not improve the quality of our health care system or produce cost savings. Forty-eight states have already enacted medical malpractice reform measures. Yet these legal restrictions have done nothing to improve our health care system, reduce costs, or help people harmed by medical negligence.

·         Medical malpractice is about real people with real injuries. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors (the 6th leading cause of death in America).

·         Defensive medicine is a myth. Both the GAO and CBO question the prevalence of defensive medicine, and have detailed how tampering with the legal system will save practically no money. Some so-called defensive medicine may be motivated more by profit and less by liability concerns.

One thing is clear - we must ALL be a part of the fight to keep medical malpractice reform out of the health care bill. 

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 I was recently contacted by two new great companies, New Lawyer.com and New Doctor.com.  These are great resources for lawyers, doctors, patients and clients.  Check them out.

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As the cost of gas keeps on going up, more people are turning to motorcycles and other cheaper forms of transportation to get around the DC Metropolitan area.  In addition, when you take into account that motorcycles are allowed on HOV lane, it is an attractive mode of transportation her in DC.

In an article written by Ashley Halsey III in the Washington Post (Aug. 24, 2009), it is evident that motorcycle deaths are on the rise.  In fact, Pete terHorst of the American Motorcyclist Association stated that "We're extremely concerned about the increasing number of crashes and fatalities."   Unfortunately most of the fatalities that occur with a motorcycle and another vehicle as a result of negligence on the part of the other vehicle.

According to the Washington Post Article:

Three out of four motorcycle fatalities involving another vehicle occur when the other vehicle makes a left turn in front of an oncoming motorcycle, said Patricia A. Turner, who studies motorcycle accidents for the Texas Transportation Institute.

Unfortunately, there is nothing a family can do to bring their loved one back.  Their only recourse is compensatory damages for their loss, i.e monetary relief for the loss of income and the pain and suffering that resulted from the negligence of the other driver.

Many people are killed or injured each year in vehicular collisions and medical malpractice.  If you want more information about your legal rights, please contact Gabriel Assaad at Assaad Law or contact@assaadlaw.com.

About the author:

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So many times while I drive in DC, I see so many "close calls."  Too many times, drivers who do not pay attention, are talking on their cell phones, or not following the rules of the road, have a "close call" with a bicycle. 

Many times, automobile drivers fail to realize that bicycles have rights on the road and are considered vehicles.  Although it is frustrating to be behind a bicycle going below the speed limit, its still the duty of the driver to drive with care and with safety in mind.

According to the NHTSA, there were 44,000 bicyclists injured in traffic accidents in 2007, and 698 of the injury victims ended up dead. Believe it or not, the greater percentage of these accidents all happened due to the same reasons. Most bicycle accidents occur due to:

• Drivers Turning into the Path of the Bicyclist
• Hidden Driveways, Hidden Streets
• Stop Signs, Red Lights
• Inattention by Other Driver
• Failure to Look Both Ways at a Red Light or a Stop Sign: 

Drivers in the DC metro area should be aware of bicyclists and be careful while driving in the city, especially during rush hour.  Bicyclist have the right to be on the road and for vehicle drivers to follow the rules of the road.   In addition, drivers should be more careful knowing that bicyclists are susceptible to greater injuries.

The law provides protection for bicyclists and recourse for damages a bicyclist sustains as a result of the negligence of a driver.  Assaad Law, PLLC is dedicated to protecting the right of a bicyclist that was injured as a result of the negligence of another.

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The Washington Post article by Lisa Rein discusses th hospitals tallying their avoidable mistakes in the District of Colmbia, Maryland, and Virginia.  In other words, the "reported" cases of medical mlpractice in these states.

The question then becomes, "what are we doing with this data?"  The articel discusses how insurance companies are not paying for some of these errors, such as Anthem Blue Cross and Blue Shield, tha will not reimburse for:

when a wrong procedure is done; when the wrong body part is operated on; when the wrong patient is operated on, and when a foreign object is left inside the patient, requiring another incision. 

However, I hope the next step is not jut tosave money for insurance companies but for pateint safety and to compensate the victms for these "avoidable mistakes" that occur at Hospitals.

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