The potential success of long-term disability is usually one of the first curiousities from my clients. It’s a legitimate worry. People are nervous and potentially literally can’t work, but they got denied and fear they may have to work despite their disability. What information is needed to determine the chance of success? Several pieces of […]
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How does your ERISA long-term disability lawyer get paid?
You may wonder, “How does your ERISA long term disability lawyer get paid in these ERISA disability cases?” Now think about this— person who is not able to work because of a physical or mental disability and they’re not bringing in any income, but they’ve got this long-term disability insurance policy that promises to pay […]
How long can I get long-term disability benefits for a mental illness?
How long can you get disability benefits for depression or anxiety or other mental illnesses? Sometimes I’ll have people come to me with a physical disability, and other times I’ll have people come to me with more of a mental illness type disability that is significantly affecting their ability to live life and to do […]
Episode 013 – Virginia’s New Law That Will Help Injury Victims
Have you been following Virginia’s legislative session in 2021? Are you an injury victim here in Virginia? You probably answered no to the first question. If you are on this page, then you may have answered yes to the second question. Why would you keep reading? In this episode, Brandon Osterbind talks about a new […]
Medical Malpractice With Experts?
Medical experts are essential to medical malpractice cases. In fact, medical malpractice cases are unique because if an expert in the field cannot be found to testify on your behalf, there is no chance of winning the case. The medical malpractice case is a case of negligence and in a negligence case the “plaintiff,” in this instance the “patient,” […]
That is obvious medical malpractice!
We have already seen how crucial experts are even before the case is filed, for example, the Virginia Certification requirement. If the case goes to trial, we will hire medical experts to testify concerning any of the four elements of the medical malpractice case – a duty to treat the patient, a breach of the […]
Medical Malpractice During Birth
One type of medical situation that almost always requires investigation is when there is a case of injury to the mother or baby in the gestational period or in the birthing process. Medical malpractice during birth is more common than one might think. It may seem obvious, but the physician’s “patient” in an obstetric scenario […]
When Medical Negligence Is Not Enough For A Malpractice Case
In a previous blog, we discussed the medical malpractice case of Mr. John who had knee surgery and subsequently developed both an infection and a blood clot. Although both conditions were treated, he ended up with a lengthy (and expensive) hospital stay, having to take blood thinner for a year and a stiff knee, when […]
Not all Medical Mistakes Make Good Cases
In a previous blog post, we discussed the concept of medical negligence. After reading that post you might still have questions about how a medical provider can make a medical mistake that causes a bad outcome and there still not be legal negligence. Let’s talk about the answer to that question more closely. Let’s Look […]
What is Medical Malpractice?
Medical care providers are humans. Humans make mistakes. Sometimes those mistakes cause a medical injury. But our medical malpractice system does not compensate for all patient injuries caused by a medical mistake. That’s a shocking statement, isn’t it? Your medical provider can hurt you by mistake. And, yet, the jury won’t give you a penny. […]
