Medical malpractice cases are rather unusual in the fact they can be so dramatically different from one another in my past law experience – such as a case regarding a beautiful English woman and the damages done to her breasts by a plastic surgeon. Color photographs of her breasts were provided, but I did not believe the pictures would show the true level of damage done when we went to trial. The only way to understand the full impact of the damage done was to ask the judge officiating over the trial to let the jury see what her breasts actually looked like. He conceded and allowed me to do so in his chambers. The jury convened in his chambers as the plaintiff displayed the damage to them.

Though cosmetic surgeons have a tough job, I have encountered surgical errors so grisly and catastrophic that no damage award would be large enough to fully compensate for the harm. It is not uncommon for me to display actual injuries to jurors in order to fully expose them to the devastation suffered by the plaintiff. This instance, though, was the most sensational of any that I have ever witnessed in a courtroom.

Although there is only one letter separating the two words, a legal tort is nothing so sweet as a tart. The term derives from an old French word, which literally means to twist or turn awry. This is apt. This seems to be the appropriate word to describe what has happened in these circumstances as the victim or a tort has usually undergone something that has left them bent, broken, and twisted out of shape. In the modern parlance, tort really only means an injury that has been inflicted on the body or mind. Personal injury claims fall under this heading as do malpractice cases that are targeted towards doctors and lawyers. It’s possible that the event which brought you to the point that the only remedy was legal action was a real estate deal gone sour, a contract dispute, a will, a medical issue, or even a crime.

Unfortunately though, there could be a time when you end up in court with a tort lawyer because you were injured by someone’s fault. You may be able to hire the best tort lawyer in the world for the same fee that the least experienced lawyer charges. The price I refer to is called a contingency fee, and it is illegal in Canada and England. This fee works in that if a lawyer agrees to take your case, then he may receive from 1/3rd to 40% of the amount of money that you recover after your case is settled. If you do not win your case, then you owe no attorneys’ fees.

In the majority of jurisdictions, the tort lawyer is permitted to advance any costs to him/her until recouping the amount from the recovery. Torts come in a wide variety of shapes and sizes. Injuries can result from any number of mishaps, including shipwrecks, car accidents, train wrecks, escalator accidents, or contaminated products. Then there’s also hospital and doctor negligence, which is usually the common denominator in most tort cases no matter whether or not it seems to be negligence or not.

For this reason, your doctor may now have you sign paperwork when you enter their office, a practice that is increasing in frequency in many different states as torts keep increasing. It supposedly constitutes a waiver of your rights to litigate any disputes between you and the physician and an agreement to enter into arbitration instead. Courts in different jurisdictions have reached varied conclusions about these documents, with most declaring them unenforceable. Agreements to arbitrate purporting to permanently preclude you from litigating are very likely invalid.

Your right to a jury trial stays inviolate, so whatever the case is, you cannot be forced into arbitration. The Chief Justice of the Supreme Court who sat on the bench between 1953 to 1969 provided a much needed boost to criminal law. A large assortment of old rights were reinstated, refined, and reconstituted, and are continued to be actively used in our society to this day. 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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