Personal Injury Law Blogs

Common Mistakes That Occur in Mediation

Most civil lawsuits in the United States are settled at mediation or similar types of settlement conferences. Robert Burns, professor of law at Northwestern University, reports that only 2 percent of all federal civil lawsuits went to trial in 2002, a significant decrease from the 1960s (12 percent) and the 1920s (20 percent). With mediation determining the outcome of so many cases, lawyers and litigants alike must understand and avoid the common mistakes that occur in mediation.

Lack of Communication before the Mediation

Mediation only works if all the parties are sufficiently prepared for the process. The opposing attorneys should have communicated their clients’ positions to each other well before the mediation. Mediations are not forums for surprise tactics; they are tools to get the decision makers in the same room in an attempt to work out resolutions.

If a personal injury client wants to make a $100,000 initial demand at the mediation, his attorney should consider telling defense counsel before the mediation. This allows the defense attorney to talk to his insurance adjuster client about where to start negotiations. Attorneys should also be sure that each side has all relevant documents before the mediation. A surprise photograph or tape recording or medical report cannot properly be digested in a matter of minutes. Many larger companies have chains of command, determining the top dollar they will pay at mediation well in advance of the actual conference. A surprise document will only anger and frustrate everyone involved.

Snide or Insulting Comments

It would be a mistake to make snide or insulting comments at mediation, but those clients and attorneys in hotly contested disputes may find themselves saying things they would not normally say. Everyone involved in the mediation process must keep a professional demeanor. Personal insults can burn bridges or invite overly adversarial behavior in the future. Such comments typically stem from a lack of communication before the mediation.

For example, a personal injury client may be angered by what she perceives as a low-ball offer if she is not prepared for a low starting offer.  A client who expects a low first offer and understands that the demands and offers will slowly move closer to a common number will be better equipped to avoid insulting those at the other end of the table.

Accusatory Language

Attorneys and clients alike should strive to use “I” or “we” language during mediations. Obviously the two sides will disagree about some of the underlying facts and how a potential jury will see the case. Still, using less accusatory language can communicate this difference of opinion without unnecessarily angering the other side.

For example, an attorney representing a personal injury client could say, “We feel a jury will carefully consider your truck driver’s lack of sleep in the day leading up to the accident.” This measured statement communicates the point without using angry language like, “your truck driver couldn’t keep his eyes open and you know a jury will side with us!”

Mediations require cool heads to meet together in a good faith attempt to settle a disputed claim. Do not make one of the common mistakes occurring in mediations. Come prepared, use a professional tone at all times, and avoid needlessly angering the other side. Using these techniques can result in more fruitful mediations where both sides make concessions to end a legal dispute.

About the author:  Jonathan Williamson is a former lawyer who used to specialize in DUI representation, especially as it pertained to contesting one’s blood test.

7 Examples of Medical Negligence

Top Legal Experts for Injury Compensation

Patients seek medical care to maintain or improve their health, but what happens when a physician makes matters worse? Medical negligence is difficult to prove, requires specialist personal injury lawyers (see our directory) in your corner, and it can become overwhelming to victims who are suffering as a result of the negligence. What is it and what are the first steps to take if you suspect negligence?

What is Medical Negligence?

Also called “clinical negligence,” medical negligence is a breach of a legal duty of care owed by healthcare providers to their patients which results in harm to the patient.

A medical negligence claim is a civil process where a patient pursues compensation for harm that results from a healthcare provider’s negligence. In order for a patient to prevail in a medical negligence claim in the United Kingdom, the patient must prove:

  • The physician had a duty of care to the patient
  • The physician was negligent
  • The patient suffered harm as a result

The patient must prove both liability/breach of duty (the provider acted in a way other competent providers would not have acted) and causation (harm resulted that would not have occurred otherwise).

Medical negligence can occur in any healthcare field including primary care, emergency care, surgical care, dental care, counselling or therapy, and more.

Not only can physicians be held responsible for medical negligence, related healthcare attendants such as nurses and pharmacists have a duty of care. NHS trusts, primary care trusts, and private hospitals may also be held liable for the negligence of their medical staff.

If the negligence happened in America, as opposed to the UK, you’d need to hire a personal injury lawyer there known as a ‘personal injury attorney’.

Examples of Medical Negligence: 

  1. Failing to diagnose a patient’s condition – For example, if a patient’s symptoms are overlooked or dismissed as being inconsequential, this failure to diagnose could be construed as medical negligence under the “Bolam test” if the true diagnosis is likely to have been recognized by another ordinary, competent physicians and harm resulted.
  2. Making the wrong diagnosis – This is similar to the above. In addition, a wrong diagnosis could cause further harm in that inappropriate treatment may cause further harm.
  3. Prescribing or giving a patient the wrong medication – This can occur with misdiagnoses or by mistake. For example, if a condition is misdiagnosed, the treatment that follows is based on the wrong diagnosis. What if the physician writes down the wrong drug name by mistake, such as prescribing XYZ instead of ZYX? What if the pharmacist misreads the instructions and dispenses YXZ? These are all examples of potential medical negligence. However, remember that the patient must suffer harm as a result of the negligence. If the patient catches the error before ingesting the wrong medicine and no harm results, then a medical negligence claim cannot be fully established.
  4. The loss of a “chance” – In cases where a condition has a high likelihood of recovery, such as 50 per cent when discovered promptly, doctors could be held liable if the condition is not diagnosed because of the loss of a chance to recover (House of Lords 2002 Gregg v. Scott).
  5. Failing to obtain consent to treatment – In general, doctors must obtain consent before treating a patient. If the doctor fails to do so and proceeds with a treatment that causes harm to the patient, the patient may have a legitimate medical negligence claim.
  6. Failing to warn the patient about a treatment’s risks – Similarly, the physician has a duty to warn the patient of the risks of a treatment. Simply asking the patient to sign a consent form is not the same as discussing the risks involved.
  7. Making a mistake during an operation or procedure – Imagine going into surgery to have your left foot amputated due to an uncontrollable infection and waking up to find out that the surgeon amputated your healthy right foot by mistake. Medical mistakes during treatments and procedures are a prime example of medical negligence. 

The First Steps

According to Patient.co.uk, if you suspect medical negligence in England and Wales, the Civil Rules of Procedure strictly apply (they do not apply in Scotland and Northern Ireland). The first step involves getting legal representation and filing a letter of claim. The defence is allowed a few weeks to gather evidence and respond. Next, the “particulars of claim” and “particulars of negligence” are filed and the other side presents its formal defence. Most of this occurs out of court.

Depending on the particulars of the case, it may wind up in court. However, the Medical Protection Society reports that fewer than 2 per cent of claims go to trial. Regardless, the first step is to obtain legal representation.

Bibliography

1. Clinical Negligence Claims – What to Expect (UK-England Factsheet). Medical Protection Society. [Online] May 2012. [Cited: August 21, 2012.] http://www.medicalprotection.org/uk/england-factsheets/clinical-negligence-claims-what-to-expect.

2. Simple Guide to Legal Action. Action Against Medical Accidents. [Online] [Cited: August 21, 2012.] http://www.avma.org.uk/pages/simple_guide_to_legal_action.html.

3. Clinical Negligence. Patient.co.uk. [Online] [Cited: August 21, 2012.] http://www.patient.co.uk/doctor/Clinical-Negligence.htm.

About the Author

This post was contributed by Daniela Levett on behalf of Pryers-Solicitors.co.uk – who specialise in medical negligence. Daniela is a freelance writer with extensive legal background as an attorney. She enjoys writing for various online legal publications.

Car Accident Claims Lawyers Campaign for Safer Roads

It has recently been reported that some 2,000 people were killed in car accidents on UK roads in 2011. Top car accident claim lawyers all over the country are backing up the the public’s calls for improvements in British road safety to reduce the number car accident deaths and subsequent car accident claim cases. Historically speaking, issues which highlight higher rates of fatality or personal injury are effective in capturing the attention of Parliament and authority figures in a position to do something about them.

It’s thought that the calling of attention to the increased deaths by car accident claims lawyers will help to initiate some kind of action from the appropriate figures. The 2,000 deaths of 2011 represents a 3% increase in the number of deaths on UK roads from the previous year’s figures. Car accident claims cases and the handling thereof is an everyday duty for personal injury lawyers all over the UK and many are continually campaigning to implement safer roads and improve safety procedures for drivers in the UK. A recent figurehead to join their ranks is gold medal cyclist Bradley Wiggins who has stated that it should be a legal requirement for cyclists to wear helmets in order to prevent death.
an image showing another road safety campaign which was won, reducing accidents and car accident claimsIt’s been reported that someone 107 cyclists were killed in accidents between 2010 and 2011. A car accident claim solicitor, John Spencer, is joining Bradley Wiggins in his call for change. He writes frequently on car accidents claims and whiplash injuries on the Internet. It is estimated that some 500,000 people are involved in injuries, many of which launch car accident claims following the event.

The recent call for these changes has coincided with the government making proposals such as an 80 mph national speed limit, but this has now come to an abrupt halt. The government has also come under fire for not enforcing road safety laws as good as they should do. It’s one thing to have a law in place but enforcing and policing it properly is another matter altogether. In another step towards reducing the number of deaths in car accident claims in the UK, the government has been cajoled into implementing the 20 miles per hour speed limit in city centres. It’s thought that this move in conjunction with the imposed cycle helmets law, road deaths could be reduced significantly for drivers and cyclists alike.

Jim Loxley is a Director at trusted car accident claims specialist, My Compensation.

Don’t let the bed bugs bite in your hotel, or you might get sued

What bed bugs can look like (not from the hotel) image from louento.pix on flickr

Two women filed a lawsuit on Monday against Marriott International Inc. and a Lisle Marriott Conference Center, claiming that they suffered numerous bed bug bites during a stay at the hotel in August, 2011.

Reported in the Chicago Tribune, the claim is being made by Pamela April of Phoenix, Ariz., and Char’o Safford of Chicago who claim that the hotel in which they stayed with two children failed to provide guests with sanitary rooms, failing to inspect and exterminate rooms and failing to recognize signs of bed bug attacks, in addition to other claims.

Having discovered bites all over their children’s “arms, hands, back, legs and scalp”, the two women and both children were diagnosed with “numerous bed bug bites from a significant infestation,” according to the lawsuit.

Not the first personal injury claim of its kind

This is not the first instance of a claim being filed in respect of bed bug bites. Indeed, it’s not the first claim to be brought in the US.

As reported in Lodging Hospitality and Bed-Bug.org, the following claims have been brought:-

“2004 — 45% rent abatement awarded for six-months to a New York apartment tenant
2007— A woman is claiming infestation by hundreds of bed bugs in a cheap motel during her recuperation from breast cancer. The person is suing the motel in Arkansas, alleging “pain and mental anguish, embarrassment and humiliation, medical bills and expenses” from countless bug bites and visible bugs in her bed.
2008 — Three apartment tenants in Chicago are suing for bed bug injuries.
2008 — An opera singer initiated a lawsuit against a major hotel chain for $6 million. The alleged injuries involve over 150 bed bug bites.”

Lodging Hospitality also notes a landmark case involving a Midwest woman who brought an unprecedented $20 million claim against a New York hotel after she woke up in her bed with hundreds of bed bug bites. Following the report to hotel officials, the woman was offered two free nights’ stay at the hotel. Declining that offered, she sought $20 million instead. While an exorbitant amount, it illustrates that people are still intent on bringing significant claims for bed bug bit injuries, no matter how much pain is actually caused.

In London, UK, two sisters brought a claim against a hotel, described as ‘dirty’ and ‘grubby’ on TripAdvisor, after suffering over 130 infected bed bug bites, as reported in the Daily Mail. They were each given £1,600 through an out-of-court settlement (i.e. the court didn’t actually rule on the case).

When the hotel bites back

And then, on the other hand, hotels have been known to bring their own claims against visitors for making false statements against them. For instance, as reported in Bedbugs.net, the Carleton hotel of Oak Park sought damages of more than $30,000 for the loss of business and loss of reputation associated with a “malicious” claim made on TripAdvisor.

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Learn How and Where to Report Accidents at Work

Whenever you face an accident at your workplace, it is wise to follow the proper protocols to report your injury to the concerned bodies. If you fail to report your injury received in a workplace accident, you might not get entitled to workplace accident compensation benefits. Here is a comprehensive guide on where and how to report accidents at work that you should follow if you want to win the statutory benefits.

  • The first step towards filing a workplace accident claim is to prepare lucubrated report of the incident. You must contact the HR department of your organization for preparing the report. Also talk to your immediate supervisor about the incident before the end of your day’s shift. This should be done on the same day of the accident because nobody can suspect afterwards that you faced the accident after going out of office.
  • Now complete the incident report wherein you should mention the exact date and time of the accident, the circumstances and names of the eyewitnesses. Including the names of the eyewitnesses would intensify the logical strength of your case.
  • In your accident report only, you should mention the names of the affected body parts. There is accident at work claim agencies that will judge the intensity of the injury and calculate the compensation amount by measuring the acuteness of the injuries. Be extremely specific while describing your wounds.
  • Report the accident to the company’s accident logbook as well. The company’s database should contain the accident. The HR Department might help you in this issue.
  • Keep an account of all the medical attention received by you as an aftermath of the accident. Accidents at work are not compensated proportionally if the medical bills are not submitted.

Everything done, contact a good personal injury solicitors firm who work on a pro bono basis. ‘Pro Bono’ is commonly referred as ‘no win no fee claims’. They will inspect the details of the accident, assess the merit of the case and somewhat predict whether you will win the case or not. Until you win the case, don’t pay a single penny for suggestions and court trials.

Claiming Insurance After an Assault: The Victim’s Point of View

About 3 years ago I was assaulted by a drunk outside of a nightclub in my home town. It was an entirely unprovoked attack that nearly killed me. I was hospitalised, and required minor surgery. This all took place two days before I was to return to University.

I couldn’t make it back on time, and my work suffered. In between visits by the police over the next couple of months, I slipped into a depression. Luckily, my attacker was caught and there was substantial evidence to see him sentenced. This left me in a position to claim compensation.

I decided to hire a solicitor from Pannone (a firm I was recommended by a friend) and they successfully won compensation for me. As well as winning the compensation they provided services that helped me emotionally too. To be honest I was hesitant at first to make a claim – I felt bad when I shouldn’t have done – but they were very good at explaining to me why I should.

That’s the reason I’m writing this: for the folk who feel al little bad about making a claim. maybe you’ve been injured at work, but you love the company; maybe you think making a claim would ruin your reputation. Whatever you might be feeling, here are a few reasons why you should make a claim:

1) It’s not just about the actual injury:

As I mentioned earlier, I missed a lot of time from University. This damged my grade that year, and ultimately, my grade for my entire course. Even using the ‘mitigating circumstances’ clause in my course I didn’t achieve the grade I know I would have been able to, had I not been injured. This isn’t just something that affected me at University, this is something that is going to affect me for the rest of my life.

Basically, some workplaces will not hire me because of the quality of my degree. This isn’t my fault. This is my attackers fault. Even if my injury was slight (which it wasn’t) it might still have lasting affects. Compensation can’t entirely make up for this, but it can help.

2) If somebody screwed up once, they’ll probably do it again, unless you show them why they shouldn’t:

That brief description doesn’t explain this that great, so I’ll put it another way: If you work for a company that washes the floors every Monday morning (and the guy  forgets to put the sign out) and you slip, and then do nothing about it, they probably won’t change the way (and time) they clean that floor. If you make a claim, they will have to analyse why it happened and make a change (such as doing it last thing on a Friday after everyone has left).

Making a claim is not always about doing justice to yourself – sometimes it’s about doing the right thing for everybody.

3) It gives you a sense of self-worth:

One of the worst things about being in the position to make a claim is that you are usually a victim, and it a lot of cases you probably won’t be feeling that great about yourself. I know I wasn’t. Making a claim can make you feel a bit better about yourself, especially when you start using phrases like “I deserve this”. Positive affirmations, and really believing them, go a long way to helping emotional recovery.

So there you have it: the reasons I really think you should make a claim. I hope that this helps some of you out there. I know this advice helped me.

New Woman Loses Personal Injury Lawsuit After Receiving Spinal Surgery

This article was written by Andy Sampson of Price Benowitz LLP.

A setback for any personal injury lawyer is to have a case completely tossed out of court by a high court justice. This is exactly what happened recently in the closely watched case of Mangione vs Jacobs in Queens County, New York.

Susanna Mangione filed a personal injury lawsuit in 2010 claiming that she suffered spinal injuries from a car accident in which she was involved. Mangione did not undergo the independent medical examinations (IMEs) that were ordered by the court but chose instead to have elective spinal surgery.

Charles J. Markey, Supreme Court Justice of Queens County, ruled on July 31, 2012, that Mangione spoiled crucial evidence that defendants in her lawsuit needed to independently verify her contention that her alleged injuries were the result of the car accident. Therefore, the defendants could not effectively argue their case.

Further, Mangione could not prove her claim that the accident caused her serious injury because of her surgery.

Mangione said in her complaint that she was riding in a taxi on Dec. 2, 2009, in Queens County when the cab collided with another vehicle. Mangione claimed that the taxi driver was “talking out loud,” which indicated to her that he was using a cell phone while driving with either an earpiece or a hands-free device at the time of the collision.

Mangione claimed she hurt her shoulder and back in the accident. She later filed suit against the taxi driver, Glener Simbana, the taxi company, Ramabel Limo Inc, and Jules Jacobs, the driver of the other car.

Markey said in his ruling that the most important issue, the IMEs, were raised by Jacobs’ attorneys in their motion to dismiss. Jacobs’ lawyers argued that Mangione had previously filed personal injury lawsuits and failed to go to court-ordered IMEs. In one lawsuit, Mangione said she was riding on a bus on Nov. 17, 2008, when it came to a sudden stop and she fell down, hurting her shoulder and back. Defendant lawyers in the case against the cab company and Jacobs said they asked Mangione for her medical records from her suit against the bus company but the documents were not produced, even though she had the same lawyers in both cases.

According to Markey’s ruling, three court orders were issued for Mangione to undergo an IME and Mangione ignored all three orders. When an IME for Feb. 22, 2012, was rescheduled to March 7, Mangione decided to have elective spinal surgery on Feb. 27.

The judge strongly disagreed with Mangione’s decision to have spinal surgery, writing that her action took away the means for defendants’ doctors and attorneys to trace any connection between her alleged injuries from the bus accident in 2008 to the taxi cab accident in 2009. The surgery, along with Mangione’s “intentional thwarting” of the three court orders to have IMEs, warranted the sanction of dismissing the lawsuit, Markey ruled.

Although this case happened in New York, a car accident lawyer in Virginia, Maryland, or Washington, D.C., could learn from the outcome of this lawsuit by insisting that clients be willing to provide documented evidence of claims of physical suffering. It would also be beneficial for an injury lawyer to encourage his clients to follow court orders, especially when it is the lawyer’s intention to win the case.

Cell Phone Records & Car Accident Cases

The following is a guest personal injury law blog post regarding a recent Connecticut Superior Court case concerning cell phone records and car accident cases. Further personal injury guest blogging welcome via the blue button.

Cell Phone Records & Car Accident CasesIn a recent Connecticut Superior Court case, a plaintiff requested permission to seek the defendant’s cell phone records for the hour leading up to a rear end collision. Connecticut rules of practice allow for a standard set of discovery, which does not include cell phone records.

The party seeking the discovery has the burden of proving that the standard forms are inappropriate or inadequate. By law, “Unless such inappropriateness or inadequacy is duly established, the Court lacks the power to approve additional requests for production, even if such requests are properly limited to relevant, non-privileged material.”

The judge denied the request, insisting that the plaintiff failed to prove there was sufficient grounds to support the request for the cell phone records. There was no evidence to support the idea that the defendant was using her cell phone at the time of the collision. She even testified at her deposition that she did not use her cell phone at all on the particular drive that ended in the rear end collision.

The court did not say it would be impossible to obtain cell phone records in any automobile crash case, and left open the possibility that plaintiffs in other cases could obtain the records if they could provide an adequate reason for their production.

If the Super Court judges thought that cell phone records were appropriate disclosures in every case, they would have been included on the standard requests for production, as they do for blood alcohol test results and surveillance recordings.

With the increased use of texting, emailing, and interacting on social media through cell phones, it is likely that cell phone records will provide relevant information in auto accident crash cases.

Auto accident attorneys in Bridgeport CT can help with your case. Contact Timothy O’Keefe today at 860-880-0835, located at 21 Oak Street, Suite 208, Hartford CT 06106.

SRA Concerned over Continued Whiplash Injury Compenation Claims

The Solicitors Regulation Authority (SRA) has recently spoke out to a major national news publication in regards to the referral fee bans being implemented to reduce the number of whiplash injury compensation claims and other types of personal injury cases. The decision on the fees ban was due to the excessive volume of whiplash injury claims earning the United Kingdom the title of whiplash capital of Europe. One of the core components of the rise in whiplash injury compensation claims was a small number of semi-legally run claims companies setting up shop in order to sidestep Information Commissioners Office (ICO) regulations, gaining business by sending unsolicited text messages and referring claims to solicitors. The referral fee ban is aimed at stopping the problem at its root cause.

However, The SRA, which is responsible for regulating over 120,000 solicitors firms in both England and Wales, has said that the changes may not affect the situation in the desired fashion. Executive director, Richard Collins has stated that “We will do everything we can to make the ban effective in terms of stopping the payment of referral fees in these cases but I think the bigger question will be whether actually enforcing that ban properly, as we will aim to do, will actually have the wider social impact the government may be looking for.”.
image shows scales to represent justice in this whiplash injury compensation storyThe legalisation of referral fees was initiated by the Labour government back in 2004. The boom in whiplash injury compensation claims and other personal injury cases happened as a result of some people finding ways to sidestep ICO regulations, meaning that over the course of have a 10 year period, whiplash injury claims and personal injury claims made by UK inhabitants had doubled to £14 billion in the decade.

One of the first causes of concern were the astronomical increases in the average driver’s motor insurance premiums, which have now reached an average cost of £1,000 per for the first time ever. Councils, businesses and hospitals were left to pay off legal bills totalling several million pounds. The concern is that companies are able to apply for alternative business structures (ABS). The idea is that this way, the referral fee bands will be sidestepped and many claims management firms will carry on doing in whiplash injury compensation claim cases as usual in a way which is perfectly legal and compatible with the referral fee ban. The real way to close down the cowboys is the stop them making unsolicited text messages and coercing people into whiplash injury compensation claims. This way, they won’t have any business to refer. You can read more at The Telegraph , here.

Jim Loxley is a Director at trusted compensation claims specialist, My Compensation

How to proceed with a defective hip implant lawsuit

Defective hip implant lawsuits became quite popular in the U.S. after in 2010 one of the most popular medical device manufacturing companies recalled two of its hip implants, the Depuy ASR™ XL Acetabular System and the ASR™ Hip Resurfacing System. Considering that the above mentioned devices were in use since 2004, there are a considerable number of patients who received the implants. As the manufacturing company admitted that its products were defective, the patients can expect to have problems before the 15 years period during which hip implants are designed to function properly.

The recalled devices were metal-on-metal hip implants, meaning that both parts of the device were made of metal. The human hip works by moving inside a basket shaped hole, named the acetabulum. By doing so it allows individuals to perform a wide range of movements. The implants are supposed to work similarly. However as two metal objects rube against each other tiny fragments can detach. The debris can affect the surrounding tissues and even different organs or nerves, in case it enters the blood stream. Patients can experience difficulty moving, constant pain or discomfort in the hip area or swelling. In case metal ions damaged the nerve system, affected individuals can have problems with vision or hearing. In case the heart has been affected, the symptoms might consist in chest pain or shortness of breath.

Another reason why the devices were withdrawn from the market is early implant failure. If normal movements cause the implant to become loose, the consequences can be extremely serious. The surrounding bone tissue will be affected and in severe case even hip fracture can occur. That is why if a patient experiences any problems with his implant during the first years after initial surgery, he or she should consult a doctor without further delay. Unfortunately the only way of treating a defective hip implant is by removing and replacing it with a new device. That involves another even more painful surgery with a longer recovery period. So besides pain and suffering, patients will have additional medical bills to pay, will need long term medical care and will be unable to work during recovery, resulting in more financial losses. So it is normal for them to be interested in obtaining financial compensation for their losses. Defective hip implant lawsuits are filed exactly for that.

Interested patients should know that in order to have a valid claim, they do not have to undergo a revision surgery. They only have to prove that the device caused them some kind of injury. Defective hip implant lawsuits are product liability lawsuits. They are always difficult to win, but the compensations can be consistent. The first step in winning such a legal action is to contact an experienced personal injury lawyer as soon as worrying signs occur. The attorney can advice his client how to gather important evidence regarding all medical procedures he will have to perform. The first problem to clarify is whether the patient has been implanted with one of the withdrawn devices. In order to know that, he should ask for his medical records and provide a copy to his attorney. If the client was unlucky enough to have such an implant, he can expect further complications. All symptoms and the results of medical tests should be documented and carefully preserved. Medical bills and all additional costs should also be kept. The injured patient should also be careful not to sign any agreements with the implant manufacturing company. Such an action will most likely compromise his chances of recovering damages through a lawsuit. In order to file a valid claim, plaintiffs will have to prove three distinctive facts: that the implanted device was defective, that the device caused them some type of injury and that the injury resulted in financial losses. If there is evidence for all that, the lawsuit can be filed and victims can receive compensation for medical bills, long term medical care, lost wages, pain and suffering, attorney’s fees and other related costs