Personal Injury/Medical Negligence
Personal Injury Law
Perhaps because of lawyer advertising, most people are familiar with the phrase "Personal Injury Lawyer." Even lawyers think of "personal injury law" as an area of practice. At KSK&M, we provide full legal services to persons who have suffered personal injuries, but they are not our clients simply because they have suffered injury. They are our clients because they have suffered injury through the carelessness of another individual or a business.
Did The Injury Result From Carlessness?
The proper legal description of this area of practice is "negligence law", which is a fancy legal word for carelessness. The first question in any "personal injury" case is thus whether the injury resulted from carelessness. (One exception: dog bites, for which there is legal liability on a dog owner or keeper regardless of carelessness.)
What The Personal Injury/Negligence Law Covers
This area of law is much broader than dog bites. It covers:
- Automobile accidents.
- Slips and falls due to improperly designed or maintained premises.
- Injuries from products defectively designed or manufactured.
- Injuries resulting from the negligence of persons who are specially trained to render services, such as doctors and nurses, not to mention engineers, architects, and bus drivers.
What Happens In A Typical Automobile Accident Case
At KSK&M, we have produced an entire brochure to help our clients understand the progress of a typical automobile accident case. This brochure answers many typical client questions about rights and responsibilities in a New Hampshire automobile accident, and is available by clicking on the following link. Brochure
Medical Negligence Law
Medical negligence law (sometimes called medical "malpractice") is simply the law of negligence as applied to medical care providers. At KSK&M, we have over 25 years of experience in these types of claims. Again, the key question is often not whether there has been substantial injury, but whether the injury that did occur was the result of carelessness.
Understanding Medical Standards Of Care
In an automobile accident case, carelessness can be judged by the average person, since the evaluation requires application only of the "rules of the road" (speeding limits, stop signs, traffic lights, etc.). In a medical negligence case, the "rules of the road" are called the medical "standard of care" - the standard of treatment expected of the reasonably careful physician. Unlike the "rules of the road", the medical standard of care is not known by the average person, but requires evidence from medical experts who are physicians themselves. Medical negligence cases are typically expensive and complex because of the requirement that the plaintiff prove what the standard of care is, and then prove that the standard wasn't adhered to, causing injury.
Proven Experience In Negligence Law
At KSK&M, our negligence lawyers have many years of experience and have tried cases in every county in the State of New Hampshire. We look forward to speaking with you if you believe you have been injured because of the carelessness of another.
Call Us For A Consultation On Negligence Law
If you have any questions, please contact our personal injury attorneys, Brian Shaughnessy or Jim Kazan.