Thursday, March 13, 2008

Another Legal Myth Debunked: Physicians Fleeing from Medicine is Untrue

You have heard these mistruths put out by the insurance industry and the medical associations time and time again: physicians are leaving the practice of medicine because of the increasing malpractice premiums due to frivolous lawsuits. A recent study, using the raw data from the American Medical Association (AMA) itself, actually confirms what has been known all along by protectors of the civil justice system: that physicians are not leaving the practice of medicine. This is just further confirmation that big business, the insurance industry and the medical profession want to take away your right to obtain fair and reasonable compensation in medical negligence claims by using scare tactics.

The analysis compared data for 2006 (the most recent year for which data is available). Some key findings:
* The number of doctors is increasing across the country and rose in every state except Louisiana (which had a total decrease of 7 doctors). There were 921,904 physicians in the United States in 2006, nearly 20,000 more than in 2005.
* The number of doctors is increasing faster than population growth.
* State doctors-per-capita rates outpace population growth.
* The number of physicians per 100,000 state residents is much higher in states without caps on non-economic damages.

(All figures were derived from the American Medical Association’s own numbers (Physician Characteristics and Distribution in the U.S., Various Editions)).

The main reason the insurance industry and medical profession use these scare tactics is because of their continued efforts to get unfair and unconstitutional tort reform measures passed. What all of this clearly shows, however, is that these entities and individuals will stop at nothing to maximize their profits and care nothing about stripping you of your rights. We at Goldberg, Finnegan & Mester, LLC fight for you and for the rights of those injured by someone else’s negligence. We stand up for you and your family against those who stand in the way of justice and we never back down. Whether it is the newborn baby who would be normal except for the negligence of the hospital and doctors, and now has brain damage and cerebral palsy requiring a lifetime of care, or your loved one who was misdiagnosed because the radiologist did not read the film correctly and now it is too late to save him, we fight tirelessly for you.

Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125

If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.

Sunday, March 2, 2008

Prince George's County, Maryland Jury Awards Shooting Victim $2.4 Million

By Kevin I. Goldberg

A Prince George's County, Maryland civil jury recently returned a verdict in the amount of $2.4 Million for Devon Shaw. The man was shot and injured by a P.G. County--Prince George's County-- police officer on New Years Day 2006. The police officer Defendant defended himself by arguing that he shot Mr. Shaw because he thought that Mr. Shaw was holding a gun. Mr. Shaw claimed he never had a gun. The officer shot Mr. Saw five times.

The jury award will likely be reduced because of Maryland's cap on non-economic damages, and because of the local government tort claims act which caps cases against Maryland Counties such as Prince George's County at $200,000.00.

Victims of police misconduct and police brutality have recourse in the legal system. If you or someone you know is seriously injured or wounded by the police or by other government officials, call Goldberg, Finnegan & Mester for a free telephone consultation at 301-589-2999 x102.

The victim's lawyer obvioulsy avoided pleading federal civil rights violations in order to keep the case in the Circuit Court for Prince George's County. Federal Judges and Federal juries in Maryland are much less likely to look favorably on this kind of case compared to the Circuit Court for Prince George's County. Attorneys can avoid having police brutality cases removed to federal court by pleading only state law causes of actions such as assault, battery, and negligence---rather than pleading federal civil rights violations.