Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
A contingent fee is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many fields, it is particularly well associated with legal practice.
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Non-economic damages caps are tort reforms to limit damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, lost future income, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities. Non-economic damages should not be confused with punitive or exemplary damages, which are awarded purely to penalise defendants and do not aim to compensate either pecuniary or non-pecuniary losses.
Lester Brickman is an emeritus professor at the Benjamin N. Cardozo School of Law of the Yeshiva University and a legal scholar. He is one of the founding faculty members of the Cardozo, recruited by Yeshiva University in 1976 from the University of Toledo College of Law. On May 31, 2016, Professor Brickman received the Monrad Paulsen Award of the Cardozo School, upon his retirement from teaching. He taught contracts, legal ethics and Land Use and Zoning at the Cardozo School of Law. He is the author of a book, Lawyer Barons: What Their Contingency Fees Really Cost America, a detailed critique of perceived abuses and excessive costs of the American tort system, with proposals for reform. Brickman is a graduate of Carnegie Mellon University. He holds a juris doctor degree from the University of Florida and an LLM degree from Yale Law School.
Robert A. Clifford is a Chicago trial lawyer and principal partner at Clifford Law Offices. Clifford's firm specializes in "personal injury, medical malpractice, mass torts, consumer and health care fraud, product liability, and aviation and transportation disasters." He attended DePaul University for both his undergraduate work and Juris Doctor, finishing in 1976. The firm was founded in 1984 to represent plaintiffs in personal injury and wrongful death cases.
Consumer Attorneys of California(CAOC) is a professional trade organization consisting of more than 3,000 California lawyers who represent the interests of consumers as plaintiffs in civil tort actions and in the California Legislature. The organization's lawyer members support access to justice by representing plaintiffs in civil litigation on a contingency-based fee system. According to the Consumer Attorneys of California, its members represent individuals harmed by misconduct by corporate and government entities with greater access to resources. Up until 1995, it was known as the California Trial Lawyers Association. The organization's longtime CEO is Nancy Drabble, who, in 2022, was recognized for her efforts to help bring about a compromise between different interest groups for doctors, lawyers, and insurance companies, to help pass legislation that adjusts the cap on non-economic damages in medical malpractice cases for inflation under the Medical Injury Compensation Reform Act (MICRA).
The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 (and signed into law by Governor Jerry Brown in September), which was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability.
Pain and suffering is the legal term for the physical and emotional stress caused from an injury.
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by a lawyer during the provision of legal services that causes harm to a client.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
A lawyer referral service maintains a network of lawyers, and connects people in need of lawyers with its participating attorneys. A potential client who contacts a lawyer referral service is directed to a lawyer who practices in the area of law that is most appropriate for their situation. Some lawyer referral services charge a fee for providing a referral, while others provide referrals at no cost to the prospective client. Many referral services connect prospective clients with lawyers who have agreed to provide a low-cost or free initial consultation.
Stanley M. Chesley is a disbarred former Ohio trial lawyer. He is the husband of federal judge Susan J. Dlott.
Theodore H. Frank is an American lawyer, activist, and legal writer based in Washington, D.C. He is the counsel of record and petitioner in Frank v. Gaos, the first Supreme Court case to deal with the issue of cy pres in class action settlements; he is one of the few Supreme Court attorneys ever to argue his own case. He wrote the vetting report of vice-presidential candidate Sarah Palin for the John McCain campaign in the 2008 presidential election. He founded the Center for Class Action Fairness (CCAF) in 2009; it temporarily merged with the Competitive Enterprise Institute in 2015, but as of 2019 CCAF is now part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm founded by Frank and his CCAF colleague Melissa Holyoak.
Legal financing is the mechanism or process through which litigants can finance their litigation or other legal costs through a third party funding company.
Brad Lowber Hendricks is an American attorney, former President of the Arkansas Trial Lawyers Association, and President of The Brad Hendricks Law Firm, one of the largest firms in the State of Arkansas. He is the son of Lowber Hendricks, a prominent Arkansas attorney and Pulaski County Circuit Court Judge. Brad's decision to become an attorney is largely attributed to his father, Lowber Hendricks. His siblings are Karol Anne McNutt and Bryan Hendricks.
The Consumer Attorneys Association of Los Angeles (CAALA), previously the Los Angeles Trial Lawyers Association (LATLA), is one of the largest associations of plaintiffs lawyers in the United States. Although CAALA refers to itself as a local association, it has almost 3,000 members and is larger than all but six state trial-bar associations. CAALA's annual Las Vegas convention is the largest gathering of plaintiffs lawyers in the United States and its magazine, The Advocate, is the most widely circulated trial-bar publication in the country.
Eric Gibbs is an American attorney at Gibbs Law Group LLP in the United States. He is a member of the Board of Governors of the Consumer Attorneys of California. As a part of the American Association for Justice, he co-chairs the Consumer Privacy and Data Breach Litigation Group and the Lumber Liquidators Litigation Group, and serves as the secretary for the Qui Tam Litigation Group.
Ervin A. Gonzalez was an American civil trial attorney whose practice focused on wrongful death, personal injury, medical negligence, product liability and class action torts. He was a partner with the law firm Colson Hicks Eidson in the firm's Coral Gables office.
