Mitchell Lipkin's blog
Submitted by Mitchell Lipkin on Thu, 04/12/2012 - 09:04
It is often said among proponents of medical malpractice reform that a jury comprised of ordinary citizens cannot evaluate whether a doctor or hospital acted negligently because medical issues are too complex for the average person who lacks the experience to weigh a doctor’s actions. According to these advocates, jurors too often reach their decision not on the medical evidence, but on the basis of sympathy for the medical condition of the plaintiff.
Submitted by Mitchell Lipkin on Wed, 03/28/2012 - 14:56
My client, Jim, has been a delivery driver for his company for 15 years. On June 1, 2011 he injured his low back while delivering 25 packages, each weighing 50 lbs. He did not know whether he had a serious injury or something that would go away after a night’s sleep so he did not call in his injury to his supervisor.
Submitted by Mitchell Lipkin on Tue, 02/28/2012 - 10:18
I think it is the experience of every personal injury lawyer that there can be a major difference between the sum of money a client says (s)he will accept before the defendant puts any money on the table—“theoretical money”, and the lesser sum of money the client insists on accepting once actual money is offered—“real money.”
Submitted by Mitchell Lipkin on Tue, 01/31/2012 - 15:31
A “jury of one’s peers” as the Constitution provides, does not mean all jurors receive the same evidence in the same way.
Where a juror lives often reflects community bias, more or less favorable to personal injury litigation. Juries in Cook County (Chicago) are considered more favorable for personal injury litigation than DuPage County (Wheaton, Naperville).
Submitted by Mitchell Lipkin on Tue, 12/20/2011 - 15:05
Answer: “Yes”.
An employee whose job requires repeated movement and pressure on any part of his/her body -– typically a hand, shoulder or low back – may be entitled to Workers’ Compensation benefits in the same manner as a worker who suffers an injury in a single traumatic event such as a fall or a car accident.
Submitted by Mitchell Lipkin on Fri, 10/28/2011 - 08:58
Short answer: those “facts” which the jury believes. Some evidence has so tenuous a relationship to objective reality that you might think to yourself that one side or another “has to win” its case. Not so.
Submitted by Mitchell Lipkin on Mon, 09/26/2011 - 13:59
From the initial client contact to the end of a case, personal injury lawyers continuously reassess 2 factors:
Submitted by Mitchell Lipkin on Mon, 09/12/2011 - 16:03
A “stat” order means that the medical test ordered by your doctor- eg. an MRI, complete blood count, angiogram- should occur immediately. It also means your doctor should learn the results of the test as soon as they’re available. A “stat” order suggests a possible emergency condition, one where treatment must immediately be undertaken. Tests not designated as “stat” can occur when possible- a few hours, the next day or even next week.
Submitted by Mitchell Lipkin on Thu, 07/28/2011 - 14:10
There's so much talk out there about "frivolous" medical malpractice lawsuits. You know, cases with no merit, filed by greedy lawyers just to shake down innocent doctors and hospitals, who supposedly pay off just to avoid costs of litigation.
Medical malpractice lawyers laugh at such suggestions.
Submitted by Mitchell Lipkin on Thu, 07/28/2011 - 14:08
We represent a client who got hurt on the job while setting up a medical bed in a patient's home.
He twisted his left knee, and heard a "pop".
An MRI was done and showed a torn meniscus, the "shock absorber" on the inside and outside of the knee. He required arthroscopic surgery on his left knee.
