The most difficult and interesting medical malpractice case I have ever encountered was the case of a beautiful English woman who made a complaint to me that her plastic surgeon placed her implants very unevenly. Although she had provided color photographs of the damage done to her breasts, they didn't really do justice to how much damage had been done. I petitioned the judge to allow me to display my client's naked breasts for the jury. I argued that in order to fully grasp this case they needed to see them. The judge said, “Yes,” to my request and everyone, including the jury, proceeded into his chambers. My plaintiff disrobed and stood before all the members of the jury in her glory and horror.
Surgeons may not have an easy job, but in my field, I've seen breasts completely dessimated by some doctors, and that is not something a jury can fix with a monetary award. In the many tort cases I've tried, I've often had to exhibit injuries in this fashion in order to show how terribly wrong these surgeries can turn out. However, this particular event remains as the single most dramatic moment in all my time in a courtroom.
Although there is only one letter separating the two words, a legal tort is nothing so sweet as a tart. In old French, it means to turn awry or twist. It's an appropriate thing because the person who is the victim in a tort has been contorted, bent, broken, and twisted completely out of their original shape and comfort zone. But any injury that someone suffers to their mind or body can rightly be called a tort. Both personal injury matters and malpractice lawsuits against doctors or lawyers constitute torts. The reasons that you have contact with the law could come from a bad contract, will, real estate entanglement, or even a crime.
You may however, at some point in your life, end up running into a tort lawyer just because some rich guy decided to bump into you in his fancy Caddy. Tort lawyers are available at the same price, regardless of their experience. The price I refer to is called a contingency fee, and it is illegal in Canada and England. The reason it works this way is because the lawyer you acquire can charge you up to 40 percent of your awarded compensation, should you win your case. If you do not win, then you will owe he/she nothing.
In most of these jurisdictions, the tort lawyer can advance his costs, and then recoup them when your case is settled. In the end, torts are simple yet complex events that are only limited by a man's ingenuity. The list is endless – there's a train wreck, airplane disaster, shipwreck, auto accident, a bad product, or even an accident that occurs on an escalator. Every possible medical malpractice and negligence on earth is susceptible to a tort. It doesn't matter how unlikely it may seem.
You can see the impact of this because when you go into your physician's office they now give a paper to sign. This is common practice in some states and growing in popularity. The paper will usually say that you waive the right to take the doctor to court and that any disputes that occur will be arbitrated out of court. Since courts are known to rule both ways, most of the time they will find these agreements to be invalid. If an arbitration agreement ends up cutting you off from your rights, chances are that this agreement is completely illegal.
You cannot be forced to violate your jury rights regardless of what any arbitrator says. The Chief Justice of the United States Supreme Court between 1953 and 1969 elevated the statute of criminal law practitioners. Many of the old system of rights were altered and the no longer prescient ones were rewritten, and as evidence of this we see many criminal lawyers today. You'll find quite a few lawyers in the political arena as well as quite a few excellent forensically capable lawyers who have abandoned the courtroom for the political arena, like the US House of Representatives and Senate, where they have been able to effectively use their legal knowledge and expertise to write sound legislation, as well as determine the constitutionality of other laws on the books.
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