Medical Malpractice and The Flat Earth Society

Did you know that there is a group called the Flat Earth Society? We’re serious. They exist. They are a group who sincerely believe that the planet on which we dwell is as flat as a pancake. They believe this despite hundreds of years of evidence to the contrary. They believe this despite photographic evidence, the laws of physics, latitude and longitude and all the other facts that verify with all the certainty in the world that the world is in fact round.

 

Don’t bother trying to convince them otherwise. They believe that all the evidence is fake. They believe that the credentials of all of these so-called “experts” and “scientists” are overstated, and that this belief is just part of a big money making conspiracy. (We aren’t sure who would profit by making people believe the earth is round, or how they would profit, but this is the belief.) They also always manage to find the one guy with a science degree who actually agrees with them, and they trot him out as their expert.

As crazy as the Flat Earth Society sounds, there are actually a great many corporations who have found their example to be purely inspirational. Tobacco companies, for instance, were denying for decades the harmfulness of its products. They claimed nicotine was not addictive and that smoking was only a habit, and further claimed that it wasn’t really that bad for you. And they always asked questions like these: “Who are these so-called ‘experts’ who were linking tobacco to lung cancer? What is their real agenda? How can we trust them? But in the meantime, here is a scientist that we found who disputes everything all the other scientists say about nicotine. So the facts are still out on the so-called ‘harmfulness’ of tobacco.

 

The business lobbying titan that is the U.S. Chamber of Commerce also engages in Flat Earth behavior, particularly when the subject is climate change. Their official position is that 99% of climatologists and researchers are either wrong or simply making it up when they claim that our planet is getting warmer due to carbon emissions. And they are pleased to present you with a list of the dozen or so scientists who don’t believe in global warming.

The major difference between the Flat Earth Society and the tobacco and manufacturing companies is that the Flat Earth Society actually believes in what they are saying whereas big tobacco and the Chamber of Commerce are simply pretending to believe. They know that tobacco is dangerous, and they do know that global warming exists. They are doing the Flat Earth routine because the alternative is more regulations on their industries, and regulations cost money.

Here’s the Flat Earth method: Deny. Deny again. Dispute the evidence, and then the providers of that evidence. Question the motives of the people who provide the evidence. Find someone willing to present your evidence, no matter how flimsy. Claim that the question is still in doubt because of this flimsy evidence. Repeat as often as necessary.

Medical malpractice insurance companies use the Flat Earth method as well. Their premise is that the United States court system is simply overrun with frivolous medical malpractice suits. Anybody who walks into the hospital can go to the courthouse and sue an honest doctor for millions of dollars. Why, there must be hundreds of thousands of frivolous medical malpractice cases going on at this very moment. And here are some of our experts to prove it.

Of course, none of this is true. All you have to do is look at the actual numbers, all of which are easily available.  Nobody is getting rich off of medical malpractice suits, and there aren’t hundreds of thousands of them, whether they are viewed as “frivolous” or not. And considering the expense of putting a medical malpractice case through court, an attorney would have to be willing to throw money away to attempt to try a case with no merit.

But never mind the facts, say the malpractice insurance companies. The earth is flat. Those numbers are stilted and fake. The real numbers (our numbers) are skyrocketing. All the cases are frivolous. Won’t someone in the government step in and help us?

Aside from merely pretending to believe what the Flat Earth Society actually does believe, another key difference is that medical malpractice insurance companies are able to get others to believe them as well. Hundreds of state and federal legislators believe, despite all the evidence and numbers to the contrary, that there is a medical malpractice crisis that needs to be regulated. There are now incredibly restrictive laws that favor the insurance companies rather than the injured patient in almost every state in America.  Sadly, none of this will come out until the victims stories are told one by one.

Fortunately, Maryland, D.C. and Virginia are not under the draconian restrictions that exist in Texas. There are some obstacles here, such as caps on pain and suffering, but fortunately they are relatively minor compared to Texas. As experienced medical malpractice lawyers, we are well versed in the obstacles that have been placed in the way of the injured. But bear in mind that the Flat Earth mindset is working for medical malpractice insurance companies. It can work in the state houses in Richmond and Annapolis and it can certainly work on Capitol Hill. We would urge you to contact your state or federal representative and remind them that despite what they might have heard, the earth is still round.

Greenberg and Bederman is a Washington DC Metropolitan area-based medical malpractice firm. We are currently offering legal assistance to anyone in the Washington, D.C. area who has been injured due to the negligence of a doctor or other medical professional. If you or a loved one has been a victim of medical malpractice in Maryland, Virginia or Washington, D.C, contact Greenberg & Bederman for a free legal consultation today.

 

When Do I Need A Personal Injury Lawyer?

 

When Do I need A  Personal Injury Lawyer?

In the aftermath of an accident, it can be sometimes be difficult to know if you need a lawyer. Many accidents fall squarely in the “no harm, no foul” category, in that the damage to the property or persons of those involved is negligible. For instance, if the accident is a fender bender car accident with minimal property damage, you should be able to handle your damages through the insurance companies. Or if you slip and fall in a restaurant but don’t injure anything but your pride, there is no need to contact an attorney at all.

But the stakes change when the accident involves medical treatment. This is when the liability involves more money, and insurance companies often take steps to make sure that they pay out as little as possible.

There is often a drastic difference between what an injury victim should receive and what an insurance company is willing to pay. Having an attorney to represent your interests can be the difference between receiving fair treatment and not even receiving enough to cover your damages. What follows are some situations where you should contact a personal injury attorney as soon as possible.

 

Serious Car Accidents:Any accident that involves a complete loss of your car and/or a stay in the hospital should not be handled without legal counsel. When medical treatment is involved, insurance companies will often try to deny liability outright or offer an artificially low settlement in order to minimize the payout. Handling a car accident injury claim without an injury lawyer is practically a guarantee that your needs will not be realistically met.

Accidents with Trucks or other Commercial Vehicles:Tractor trailers and other commercial vehicles are on the road for no other reason than to make money, and as a result the laws regarding commercial insurance coverage are different. A commercial vehicle might have multiple policies, with the driver having one policy and the freight company having another. What often happens in the event of a commercial vehicle accident is a game of “pass the buck,” where one insurer will claim that the other insurer is more liable than the other and vice versa. Commercial insurance companies are also notorious for being closed mouthed and difficult during investigations. An experienced personal injury attorney can help you sort out the liability issues, determine who was at fault, and help you receive fair compensation for your injuries and property damage. And considering the harm that a truck or tractor trailer can do, it is a safe bet that there will be both serious injuries and major property damage. The stakes are too high in a situation like that to go it alone.

Medical Malpractice: Doctors make mistakes all the time, but not all medical mistakes are necessarily a medical malpractice. If a medical provider deviates from the standard of care, and causes harm to the patient, with damages, there may be a negligence claim against the medical provider. Even if the doctors are upfront about the mistake and the insurance company offers you a settlement, there could be elements of that settlement that are inadequate. An experienced personal injury attorney should be able to tell fairly quickly whether or not your settlement offer is a decent one.

Falls:On the surface, slipping and falling might seem to be more comical that damaging, but the reality is that falls are a major cause of serious injuries and deaths. Because slipping and falling can be embarrassing, even people who are severely injured are sometimes hesitant to consult with an attorney. But businesses, hotels and rental properties are required to maintain safe premises for customers, guests and tenants. Unmarked wet floors, poorly lit staircases or cracked flooring are only some of the examples as to how negligent maintenance by an owner or manager has resulted in serious injury. A fall might be embarrassing, but if you were seriously injured due to circumstances that were not your fault, you have every right to seek compensation for your damages. An injury attorney can conduct an investigation and help determine whether or not your injury happened due to negligence.

Despite the sunny advertising about being a “good neighbor,” the average insurance adjuster is not in the business of writing big checks. In fact, most insurance adjusters, whether they work for auto insurance, commercial vehicle insurance, medical malpractice insurance or property insurance, are actually financially rewarded for paying out less in claims. It is therefore in their best interest to pay you as little as possible. To that end, they routinely offer artificially low settlements, and engage in manipulative tactics to get you to accept them. A good rule of thumb for dealing with insurance adjusters is that if there is any element of your injury that goes beyond the concrete arithmetic in front of you, then any settlement that is offered to you should be thoroughly scrutinized by a personal injury attorney. For instance, if the injury was particularly painful, then that pain and suffering should be compensated. If you are unable to return to work because of your injury, then you should be compensated for your lost income. If you will have to go through rehabilitation to recover from your injuries, the rehabilitation costs should be covered.

If your adjuster offers excuses for not providing for these costs in the settlement, or if it seems that he is trying to steer the blame for the accident over to you, or if he says things like “We don’t want to make mountains out of molehills,” you can be absolutely sure that this means you aren’t being treated fairly.

Any experienced personal injury attorney should be able to take a look at your settlement offer and determine whether or not it is adequate to cover your damages, both present and future damages. If insurance companies would simply be forthcoming and generous from the beginning, we injury lawyers may go out of business. An experienced injury lawyer can judge what any settlement is lacking and the  best way to proceed.

In any accident requiring medical treatment, it is simply better to be safe than sorry. Consulting an injury attorney after a serious accident can keep you from becoming victimized a second time. You shouldn’t find out that your settlement is inadequate after you’ve already signed it.

Greenberg and Bederman is a personal injury law firm based in Silver Spring, Maryland. Our attorneys have provided legal counsel for the injured of Maryland, Virginia and Washington, D.C. since 1985. We have helped secure high settlements and judgments for those who have been injured due to car accidents, medical malpractice, or other types of personal injury. If you or a loved one in the greater Washington, D.C. area has been injured in an accident, contact Greenberg and Bederman for a free legal consultation today.

To learn more about personal injury law, please read our personal injury page on our website.  To learn more about our personal injury lawyers, please see our personal injury videos on Youtube.