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Do I need a Lawyer? First find out if you need a Personal Injury lawyer. I have heard this question countless times, on the phone, in person, from friends, from new acquaintances, and from people who found my name in an internet search for a lawyer.

The question is always sincere and typically from someone who feels overwhelmed with the patchwork of systems which offer care for injured parties. Oftentimes, the question is from the family member of an injured person who is deeply concerned with whether there loved one will be ok.

The answer to the question “Do I need to hire a personal injury attorney” of course, depends on the circumstance of the injury. You may not need a lawyer. How did the injury occur? How long ago did it occur? Auto accident or fall? Was the injury at work? Whose fault is the injury? Is there liability insurance? Is the insurance company taking responsibility? What kind of regular health insurance do you have?

A Personal Injury Lawyer Can Add Value in Some Cases

Those details all determine the kind of value a personal injury attorney can add to a claim for a recovery of losses due to an injury. As any lay person could imagine the results from pursuing a claim vary widely.

I could quote you the often cited stat that injury attorney’s on average recover 3.5 times more from insurance companies than individuals who deal with the insurance company on their own. I could imply big settlements if only you’d call me.

When You Need a Guiding Light

However, in my experience the reason people want to hire a personal injury attorney is because they want an assurance that everything will be ok. They want someone who has been through this many times and can show them the way to the other side. They just want things to be the way they were before they were hurt. That’s why its important to hire a personal injury attorney. The system of hospital bills, insurance, liens, and litigation has become so burdensome, injured people need someone they can trust to guide them through this complicated system. They need someone to make sure no one takes advantage of them. At Patton & Patton that’s what we do. If you’ve been injured, you can’t work, you get that huge hospital bill in the mail and you don’t know what to do.  It feels like you’re up against giants. At Patton & Patton we specialize in slaying giants for our clients. We will be there for you and see you through to the other side. We will do everything we can to set things right again. If you’ve been injured, I hope you call us. We want to fight for you.   

-Mike Patton

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5 Stars Great reviews for Topeka Lawyers Patton and Patton.

“You guys are awesome!”
– SE

“Joe your group is Awesome”
– MB

“Great track record. Keep it going!”
– EE

“They are all Excellent Attorneys. They are so very compassionate and caring.”
– SB

“These guys will give you 1st class service!”
– Bill W

“Joe is a great guy to get to know. Always positive, always professional, and has more experience and connections than practically anyone else in the area. Give Joe a shout, you won’t regret it.”
– TL

“Call Joe. He works really hard!”
– BW

“Joe and Mike and Cindy helped my wife and I and we appreciated their thoughtful guidance on our plans for our family’s future.”
– JS

“Congrats Joe on your law firm’s 30 year anniversary! You have lived up to your motto that ‘Justice is more than just a word.’ My mom would have been proud. Thank you for always being there for our family.”
– Susan L.

The above reviews are actual reviews of real clients. These are individuals we have served over the years and comments they have sent to our firm. We save the emails and encouraging reviews in what is called our encouragement file. One day as we were talking about the good reviews the idea came up that we should share these good reviews with all of you. Therefore we prepared this post. We continue to get good reviews online because we work hard to take care of our clients. We work hard to take care of our clients because we do care about each of you. It is an honor to serve you. Thank you so much for your kind words. We will work hard to provide this level of service in the future. Call us.

Ten reasons why our clients love us (you will not believe reason #1) Click here.

Here’s our contact information https://joepatton.com/contact/ 

Joins us on Facebook

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Although the first Bariatric surgery was in the early 1950’s the number of Bariatric surgeries increased dramatically when it was decided to have Medicare and Medicaid pay for the Bariatric surgery. The first Bariatric surgery malpractice case was in the early 1980’s involving the death of a mother after overwhelming sepsis caused by an anastomotic leak, which still remains the most common complication.  Other complications include: Postoperative metabolic problems, Small bowel obstructions, Postoperative respiratory problems, Postoperative fluid overloads, Injury to other organs during surgery, Postoperative pulmonary embolism, Strictures at the operative site, Postoperative abscesses and Retained sponge.

You need more than just a complication or bad result to prove a medical malpractice case. The medical provider must have violated the standard of care, and you must show that this violation caused the injury.  The issues include:

Was the medical provider experienced enough top perform the surgery?

Was the patient a proper surgical candidate?

Were there indications that the procedure should not be performed at all?

Was the patient provided with informed consent?

Was the right procedure performed?

Was the procedure performed properly?

Did the care after the operation proper?

Did the violation of the standard of care cause the injury?

If you have questions about your situation, give us a call.

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   We have great 5 Star Reviews! Take a look, click here.

You might have a good case, but we must do a lot of work before we know. First, we will gather the relevant medical records. In investigating the case, we will gather the facts, information about the injuries, future damages, and the identification of the parties, hospitals, nurses, physicians or other medical providers. We identify the venue and the statute of limitations which applies.

We will often after the initial review of the medical records locate a medical expert to review the records before instigating litigation.  Establishing that the care was “below the standard of care” or what other reasonably prudent physicians would do under similar conditions requires expert testimony usually. This violation of a standard of care is often called Negligence or Malpractice. We must also show whatever the medical provider did wrong cause the harm to the patient. The causation is often the problem, there can be other causes, and this one must be substantial.

The final part of a case is the damages. Even if the doctor fell beneath the standard of care, the patient can’t sue for malpractice if the patient suffered no identifiable harm. Some harms don’t justify the cost of a lawsuit. You can still report a doctor to a state agency even if you file no lawsuit. (Kansas, Missouri) Although reporting to a state agency will not result in any compensation it will be important in getting the medical provider to improve their performance and holding them accountable.

In evaluating the case, you must consider how many experts will be needed and evaluate the cost in light of the amount of the potential recovery. These cases are expensive particularly if there are multiple experts needed.

 You can call us, and we will be happy to chat with you about your case. The call is free.

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One of the leading causes of adult disability is a stroke. There is help if it can be delivered in a timely way. IV tPA stands for intravenous tissue plasminogen activator which is a procedure to treat acute ischemic stroke. This treatment for strokes caused by clots uses an enzyme to helps dissolve the clots. tPA is made by the cells lining blood vessels and has also been made in the laboratory. It is a clot-busting agent.  tPA treatment is effective when used within 4.5 hours of stroke onset , and some suggest even a when used within a longer period from the onset. There have been some studies that showed the greatest benefit is to use the procedures with three hours after stroke onset. Even those treated up to 6 hours after strokes survived with less disability. 

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Serious injury and death can result from the nursing home, convalescent center, rest home, long-term care or rehab center from being understaffed. The medical providers must meet the standard of care to prevent and treat pressure sores and to provide the appropriate levels of hydration and nutrition. Your family member may have a claim if the treatment plan is not updated after a bed sore is discovered or if the patient is losing weight significantly. These patients require supervision and assistance with daily living activities.  If this level of care is foreseeable and not provided, it can result in a legal claim for damages. Frequent turning and pressure relieving devices can prevent pressure sores. Once the sore develops, the facility must have a proper care plan and provide proper care and treatment. Doctors orders must be given and carried out by the treating staff.

Both State and Federal law requirements provide that quality of care is a fundamental principle that applies to all treatment and care to residents. The facility must ensure that the residents receive the proper care and treatment and has sufficient staff to satisfy these obligations including: proper treatment of vision and hearing issues, skin integrity, pressure ulcers, foot care, mobility, free of accidents hazards with adequate supervision and assistance to prevent accidents, appropriate treatment for incontinence, colostomy, urostomy, ileostomy care, assisted nutrition and hydration, parenteral fluids, respiratory care, including tracheostomy care and tracheal suctioning, prostheses, pain management, dialysis, trauma informed care, and appropriate bed rails.

Kansas Requirements

How you can file a nursing home lawsuit

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Let’s talk about why you need a medical malpractice attorney. You will need a medical malpractice attorney that can provide you a clear analysis of your case in clear, understandable language. Here are some of the common problems and issues involved in a medical malpractice case.

The first issue in many medical malpractices cases is that of causation. Just because there is an adverse result from a procedure does not mean in a court of law that the Judge will assume that the bad result came from malpractice. The plaintiff must have sufficient evidence regarding causation to avoid summary judgment. If there is no evidence of causation, the defendant can move to have the case dismissed. So we must prove by evidence the doctor’s negligence and also that the act of negligence caused the injury.

Unless the negligence is so apparent that a layperson can understand it, we must have expert testimony on the standard of care and the cause of the injury. An expert must testify based on what is probably true not what is possible. So for example to establish the causation of a child’s cerebral palsy, we would have qualified pediatric neurologist testify. So an expert would be asked if he or she has an opinion on whether or not there were any departures from the approved standard medical care that caused the injuries. The answer must be based on a reasonable medical probability, not just a mere possibility.

You can see why you need a medical malpractice attorney.

Although a medical malpractice case can be expensive, the initial phone call is free. We would be happy to chat with you about your case and perhaps give you some need insight as to whether this is a case you should pursue.

Give us a call.

Contact us for more information.

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