You Think You Have A Medical Malpractice Case?

Like many other people, you may think you have a medical malpractice lawsuit if your doctor makes a mistake while treating you. This may or not be true. The truth is, there's a lot more to a medical malpractice case than a patient getting hurt. The key factors involve showing or proving:

• A doctor or another medical professional made a mistake, and
• You were harmed by that mistake

Usually, any malpractice case is a long and complicated legal matter because it's not always fast or easy to prove those two things.

What Is It, Exactly?

Medical malpractice is when a doctor or another medical professional - like a nurse or technician - does something or doesn't do something that causes an injury or some harm to you, the patient. The medical professional's act or failure to act (called an "omission") is called "medical negligence."

As you can see from this definition, a medical malpractice case involves a mistake or error by a medical professional that damages or harms a patient.

Medical Negligence

The mistake or omission can happen at any time during medical treatment. For example, your doctor may make a mistake diagnosing your illness, or she may not give you the proper treatment or medication for that illness. The key here is the standard of care. This is the generally accepted method or methods used by other medical professionals in the area to treat or care for patients under the same or similar circumstances.

For example, if you're a 45-year-old business professional with asthma living in Michigan, the standard of care your doctor must use is the standard other doctors in the Michigan and surrounding areas use to diagnose and treat asthma in 45-year-old business professionals. This standard is different, of course, for 20-year-old athletes in Arizona, or a 70-year-old retired railroad workers in West Virginia. The standard changes depending on the patient's age and medical problem, and usually, where the patient lives.

If you can prove your doctor didn't follow or "breached" the standard of care for your particular medical problem, you've made a big first step in making a good medical malpractice claim.

Injury or Damage

It's not enough that your doctor made some sort of mistake. Before you can file a lawsuit, you have to be able to show that the mistake caused you damage or further harm. The amputation of the wrong limb, brain damage after an operation, a medical condition or disease got worse after treatment, or even death are good examples of injuries or damage. In short, unless you've been harmed, there's no medical malpractice case.

You also have to prove that the injury is connected to the negligence. This is called "causation," meaning your damage or harm was caused by the doctor's mistake. This may be the most difficult - and expensive - part of any medical malpractice case. As a general rule, you'll need at least one expert witness to explain how the mistake caused your injury. These expert witnesses are almost always other doctors or medical professionals.

Experts are also used to help you show the standard of care that applies to your case and how your doctor breached that standard of care.

The Battle

As you can see, a medical malpractice case is usually complicated from the get-go, and usually takes some time to get through. You have a lot to prove. And the defense usually doesn't pay up without a fight. You can bet the doctor or medical professional you're suing - usually, it's that person's insurance company who defends the case - will do everything possible to show that the doctor didn't make a mistake or cause your injury. The defense will use its own experts to do this.

It may take months or even years for the case to be over. And you can't wait forever to file the case, either. The "statues of limitations " set out how long you have to file a lawsuit against someone else, including a malpractice claim. The time period varies from state to state, but generally it's two years from the date of your injury.

These cases aren't cheap, either. Experts cost a lot of money, sometimes over $1,000 per hour, especially if you need them to take off work and come to court to testify. Plus there are all kinds of other costs, like filing and other court costs, as well as discovery.

As a practical matter, though, you may not have to worry too much about these costs, at least not immediately. Most lawyers take medical malpractice cases on a "contingency fee" basis. This means that your attorney will pay most if not all of the costs of the case up front, and he won't charge attorney's fees unless you win the case. If you win, she'll take a percentage of the amount of money you win as her fees and reimbursement for the costs she paid. Generally, if you lose, you'll still have to pay the court costs, but not the fees.

Don't let the potential costs and complexity scare you away from a case. If you've been injured by a medical professional's mistake or failure to act, talk to an attorney to see if you have a good case. Not only can you get money or "damages" for medical bills, lost wages and pain and suffering, but you can help make sure the same mistake doesn't happen to another patient.

Questions for Your Attorney

• Do I have to tell the IRS about any money I get from a malpractice lawsuit?
• I traveled to another state for medical treatment. Can I file a malpractice suit in my home state, or do I have to file in the other state? Can you represent t me in the other state?
• I heard that our state has "tort reform" laws that limit how much money I can get in a malpractice suit? Is that true? How much is it? What if that doesn't cover all of my medical bills, lost wages, and pain and suffering?

Veggie Might: Last-minute Substitution - Oatmeal Apple Cookies

Penned by the effervescent Leigh, Veggie Might is a weekly Thursday column about the wide world of Vegetarianism.

This week, I planned to present you with an alternative to the Christmas cookie, as well as one of my favorite sweets: daifuku, Japanese rice balls stuffed with sweet red bean paste. Three tries ended with me covered in sticky, gelatinous goo.

Let’s just say my technique needs work.

Time was ticking when I decided to scrap the daifuku. My baker’s pantry is still pretty well stocked from Thanksgiving, so cookies seemed like the best choice for a quick and dirty replacement. I turned to the dependable and consistently marvelous How to Cook Everything Vegetarian by Mark Bittman.

Bittman’s How to Cook Everything books take the guesswork out of cooking and baking by showing you how to customize recipes for any situation. If you’re a novice or by-the-book cook, you’ll feel at liberty to make substitutions to suit your tastes or pantry, and you’ll eventually gain the confidence to switch things up on your own.

One recipe reminded me of my mom and I just had to try it: Oatmeal Apple Cookies.

My mom was always trying to get me and my siblings to eat healthy snacks when the rest of our friends and classmates were eating ding dongs and zingers. Oatmeal Apple Cookies are just the kind of cookies she would have made to put in my Muppet Movie lunch box next to the carrot sticks and carob-chip trail mix.

So, at least for today, think of me as your wacky, veggie aunt, offering you whole-grain and fruit cookies when everyone else has laid out chocolate-coated, butter-infused treats rolled in nuts and dripping with icing.

I made a ton of changes, based on MB’s variation ideas and some based on my own preferences. He provides a vegan option for most of the recipes in the vegetarian cookbook, and I used his applesauce-for-egg and almond milk for cow’s milk suggestions. I also used nonhydrogenated vegan butter for dairy butter.

Here’s where I ventured out on my own: the original recipe calls for dried apples. I’m not a fan of dried fruit in general and don’t keep it around, so I took a chance and used the real thing. I also swapped granulated sugar for maple syrup. Excellent decisions all around.

The cookies are moist, sweet, and delicious. They may be a little on the soft side —no crispy edges, my favorite part of a cookie—but full of apple flavor and definitely a crowd pleaser; CB, my Roommate, and two of my officemates gave thumbs-up.

The recipe whipped up quickly too, from peeling and grating the apple to pulling the last pan out of the oven, the whole enterprise took less than 90 minutes. Oatmeal Apple Cookies would add a tasty and fast, if not entirely festive, option to the Christmas cookie rotation. And they’re much less sticky than daifuku.

~~~~

If this xx tips your canoe, swim on over to:

• Vegan Ginger Cookies
• Snickerdoodles
• Vegan Bran Muffins

~~~

Oatmeal Apple Cookies
Makes about 4 dozen; 2 cookies per serving

1/2 cup nonhydrogenated vegan butter
1/2 cup maple syrup
3/4 cup brown sugar, packed
1/4 cup apple sauce
1 1/2 cups all-purpose flour
2 cups rolled oats (not quick oats)
1 cup apple, peeled and grated (about 1 medium apple)
1/2 tsp cinnamon
1/4 tsp nutmeg
1/4 tsp clove
pinch of salt
2 tsp baking powder
1/4 cup soy, almond, or rice milk
1 tsp vanilla extract

1) Preheat oven to 375. Peel and grate apple and set aside.

2) In a large mixing bowl, cream together vegan butter, syrup, and sugar with mixer, then stir in applesauce.

3) In a medium bowl, combine flour, oats, apples, cinnamon, nutmeg, clove, baking powder, and salt.

4) Alternately, add milk and dry ingredients to butter and sugar mixture until dough is formed, mixing in a little more milk if dough is too dry.

5) Spoon out tablespoon-sized dollops of dough onto ungreased baking sheet and bake for 12-15 minutes. Allow to cool for a minute or two, remove from baking sheet, and continue on a wire rack.

6) Serve with a glass of almond milk or hot tea.

Approximate Calories, Fat, Fiber, Protein, and Price per Serving
137.3 calories, 3.8g fat, .9g fiber, 1.74g protein, $.23

Calculations
1/2 cup nonhydrogenated vegan butter: 800 calories, 88g fat, 0g fiber, 0g protein, $0.96
1/2 cup maple syrup: 420 calories, 0.5g fat, 0g fiber, 0g protein, $2.38
3/4 cup brown sugar: 628 calories, 0g fat, 0g fiber, 0g protein, $0.43
1/4 cup apple sauce: 51.75 calories, 0g fat, 1g fiber, 0g protein, $0.26
1 1/2 cups all-purpose flour: 682.5 calories, 1.5g fat, 4.5g fiber, 19.5g protein, $0.32
2 cups rolled oats: 609 calories, 9g fat, 16g fiber, 22g protein, $0.24
1 cup apple: 77 calories, 0g fat, 2g fiber, 0g protein, $0.50
1/2 tsp cinnamon: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
1/4 tsp nutmeg: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
1/4 tsp clove: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
pinch of salt: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
2 tsp baking powder: 4 calories, 0g fat, 0g fiber, 0g protein, $0.04
1/4 cup almond milk: 10 calories, 0.75g fat, 0.25g fiber, 0.25g protein, $0.12
1 tsp vanilla extract: 12 calories, 0g fat, 0g fiber, 0g protein, $0.26
TOTALS: 3294.3 calories, 90.75g fat, 21.75g fiber, 41.75g protein, $5.59
PER SERVING (TOTALS/24): 137.3 calories, 3.8g fat, .9g fiber, 1.74g protein, $.23

Veggie Might: Last-minute Substitution - Oatmeal Apple Cookies

Penned by the effervescent Leigh, Veggie Might is a weekly Thursday column about the wide world of Vegetarianism.

This week, I planned to present you with an alternative to the Christmas cookie, as well as one of my favorite sweets: daifuku, Japanese rice balls stuffed with sweet red bean paste. Three tries ended with me covered in sticky, gelatinous goo.

Let’s just say my technique needs work.

Time was ticking when I decided to scrap the daifuku. My baker’s pantry is still pretty well stocked from Thanksgiving, so cookies seemed like the best choice for a quick and dirty replacement. I turned to the dependable and consistently marvelous How to Cook Everything Vegetarian by Mark Bittman.

Bittman’s How to Cook Everything books take the guesswork out of cooking and baking by showing you how to customize recipes for any situation. If you’re a novice or by-the-book cook, you’ll feel at liberty to make substitutions to suit your tastes or pantry, and you’ll eventually gain the confidence to switch things up on your own.

One recipe reminded me of my mom and I just had to try it: Oatmeal Apple Cookies.

My mom was always trying to get me and my siblings to eat healthy snacks when the rest of our friends and classmates were eating ding dongs and zingers. Oatmeal Apple Cookies are just the kind of cookies she would have made to put in my Muppet Movie lunch box next to the carrot sticks and carob-chip trail mix.

So, at least for today, think of me as your wacky, veggie aunt, offering you whole-grain and fruit cookies when everyone else has laid out chocolate-coated, butter-infused treats rolled in nuts and dripping with icing.

I made a ton of changes, based on MB’s variation ideas and some based on my own preferences. He provides a vegan option for most of the recipes in the vegetarian cookbook, and I used his applesauce-for-egg and almond milk for cow’s milk suggestions. I also used nonhydrogenated vegan butter for dairy butter.

Here’s where I ventured out on my own: the original recipe calls for dried apples. I’m not a fan of dried fruit in general and don’t keep it around, so I took a chance and used the real thing. I also swapped granulated sugar for maple syrup. Excellent decisions all around.

The cookies are moist, sweet, and delicious. They may be a little on the soft side —no crispy edges, my favorite part of a cookie—but full of apple flavor and definitely a crowd pleaser; CB, my Roommate, and two of my officemates gave thumbs-up.

The recipe whipped up quickly too, from peeling and grating the apple to pulling the last pan out of the oven, the whole enterprise took less than 90 minutes. Oatmeal Apple Cookies would add a tasty and fast, if not entirely festive, option to the Christmas cookie rotation. And they’re much less sticky than daifuku.

~~~~

If this xx tips your canoe, swim on over to:

• Vegan Ginger Cookies
• Snickerdoodles
• Vegan Bran Muffins

~~~

Oatmeal Apple Cookies
Makes about 4 dozen; 2 cookies per serving

1/2 cup nonhydrogenated vegan butter
1/2 cup maple syrup
3/4 cup brown sugar, packed
1/4 cup apple sauce
1 1/2 cups all-purpose flour
2 cups rolled oats (not quick oats)
1 cup apple, peeled and grated (about 1 medium apple)
1/2 tsp cinnamon
1/4 tsp nutmeg
1/4 tsp clove
pinch of salt
2 tsp baking powder
1/4 cup soy, almond, or rice milk
1 tsp vanilla extract

1) Preheat oven to 375. Peel and grate apple and set aside.

2) In a large mixing bowl, cream together vegan butter, syrup, and sugar with mixer, then stir in applesauce.

3) In a medium bowl, combine flour, oats, apples, cinnamon, nutmeg, clove, baking powder, and salt.

4) Alternately, add milk and dry ingredients to butter and sugar mixture until dough is formed, mixing in a little more milk if dough is too dry.

5) Spoon out tablespoon-sized dollops of dough onto ungreased baking sheet and bake for 12-15 minutes. Allow to cool for a minute or two, remove from baking sheet, and continue on a wire rack.

6) Serve with a glass of almond milk or hot tea.

Approximate Calories, Fat, Fiber, Protein, and Price per Serving
137.3 calories, 3.8g fat, .9g fiber, 1.74g protein, $.23

Calculations
1/2 cup nonhydrogenated vegan butter: 800 calories, 88g fat, 0g fiber, 0g protein, $0.96
1/2 cup maple syrup: 420 calories, 0.5g fat, 0g fiber, 0g protein, $2.38
3/4 cup brown sugar: 628 calories, 0g fat, 0g fiber, 0g protein, $0.43
1/4 cup apple sauce: 51.75 calories, 0g fat, 1g fiber, 0g protein, $0.26
1 1/2 cups all-purpose flour: 682.5 calories, 1.5g fat, 4.5g fiber, 19.5g protein, $0.32
2 cups rolled oats: 609 calories, 9g fat, 16g fiber, 22g protein, $0.24
1 cup apple: 77 calories, 0g fat, 2g fiber, 0g protein, $0.50
1/2 tsp cinnamon: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
1/4 tsp nutmeg: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
1/4 tsp clove: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
pinch of salt: 0 calories, 0g fat, 0g fiber, 0g protein, $0.02
2 tsp baking powder: 4 calories, 0g fat, 0g fiber, 0g protein, $0.04
1/4 cup almond milk: 10 calories, 0.75g fat, 0.25g fiber, 0.25g protein, $0.12
1 tsp vanilla extract: 12 calories, 0g fat, 0g fiber, 0g protein, $0.26
TOTALS: 3294.3 calories, 90.75g fat, 21.75g fiber, 41.75g protein, $5.59
PER SERVING (TOTALS/24): 137.3 calories, 3.8g fat, .9g fiber, 1.74g protein, $.23

Acnee Treatment using Smoothbeam laser technology

Many innovations have been made in recent years towards healing acne scars and removing acne itself, including Smoothbeam laser treatment. Smoothbeam lasers have been very effective in not only temporarily removing acne, but most importantly eliminating acne scars, which can often remain permanently even after acne is no longer a major problem! While there are tons of methods and products available for getting rid of acne, the scars that are left are often a much tougher problem, so this kind of innovation is a welcome treat for acne sufferers.

You can make such a treatment at the :The Knightsbridge Laser Clinic U.K.

How Does It Work?

How does a treatment method like this work? Well, Smoothbeam laser treatment is used to alternatively use heating and cooling methods on your skin, in the effort to heat the middle layer of the skin appropriately. This simple solution allows that layer of your skin to essentially receive the healing that it needs. Not only do acne scars benefit from this kind of treatment, but also wrinkles and other skin problems, such as sebaceous hyperplasia. This kind of procedure is very legitimate and is FDA approved, as well as being endorsed by many dermatologists who perform the procedure for patients regularly. Especially for a laser treatment, Smoothbeam treatments are very good for their low risk of side effects. The vast majority of patients who undergo Smoothbeam laser treatment will only have some mild redness for the hours immediately after the procedure. There is sometimes a level of discomfort to the procedure, but that can easily be limited by applying an over the counter cream to numb the skin before the treatment. Usually, the treatments are conducted in a series, as most dermatologists recommend a few of the treatments for best results.

Is It Right For You?

Of course, to find out whether you are an ideal candidate for Smoothbeam laser treatment, you will really have to speak with your dermatologist. He or she will be familiar with your skin type and will be able to really advise you on the potential benefits of such a treatment. Some people will not see as many results as others from the treatment, which is similar to any other kind of medical treatment in that way. However, for the majority of patients, four treatments will give the desired results that the patient was looking for. That makes this procedure one of the best ways to get rid of unsightly acne scars, so that you can feel good about your skin.