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One of the more intriguing medical malpractice cases that I have been exposed to involved a lovely English woman who wanted to file a complaint because her plastic surgeon had replaced some of the parts unevenly when he was operating on her breasts. There were some color images that showed the damage to the woman's breasts, but they really did not fully show the extent of the damage. As such, I requested permission from the trial judge to present the plaintiff naked to the jury. He conceded and allowed me to do so in his chambers. As my plaintiff bared her upper torso in front of them, the jurors viewed the damage. Surgeons may not have an easy job, but in my field, I've seen breasts completely dessimated by some doctors, and that is not something a jury can fix with a monetary award. I've often exhibited injuries of my clients to juries so that they can get a clear image of the damage that truly happened in my tort cases. But, this was probably the most heart rending experience I've ever had in the courtroom. Tort is a term of art in the law that has no relationship to tart. In old French, it means to turn awry or twist. 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. The true meaning of tort, however, is any harm sustained to the physical body, mind or reputation. Both personal injury claims and malpractice cases are considered torts. If you are lucky, you will only have to worry about the law when you buy a house, draft your Will, sign a contract, or perhaps even commit a crime. But don't be surprised if a rich man's Mercedes knocks you down at some time in your life, and you find it necessary to call upon the services of a tort attorney. Tort lawyers are available at the same price, regardless of their experience. The fee for this is commonly called a "contingency fee" and it's considered illegal in both Canada and England. The reason it works this way is because the lawyer you acquire can charge you up to 40 percent of your awarded compensation, should you win your case. If you do not win, then you will owe he/she nothing. In many areas, the tort lawyer will be able to advance costs to cover what he needs and then recover this back from the settlement. Torts come in a wide variety of shapes and sizes. Railroad accidents, boating mishaps, airline crashes, car wrecks, faulty products and many more are potential incarnations of the personal injury claim. You will also find cases addressing negligence on part of a hospital or doctor, and it is this negligence that seems the be the unifying thread of tort cases. So, when you walk into your doctor's office today, don't act surprised if you have to sign a statement releasing him from any kind of blame. These papers typically use a lot of legal words to say that if you get hurt, you will try to arbitrate your case rather than hauling him into court. However, there is some contention about the legality of these agreements, and though ruling have gone both directions the majority view them as invalid. If an arbitration agreement ends up cutting you off from your rights, chances are that this agreement is completely illegal. It does not matter what type of case you have, you have a right to a jury trial, if that is what you wish. Criminal law as it is considered today was supported heavily through the Chief Justice of the Supreme Court during 1953 to 1969. A large assortment of old rights were reinstated, refined, and reconstituted, and are continued to be actively used in our society to this day. Politics is a big area for lawyers in this country. There are some incredibly talented attorneys who gave up the law for a life in politics. The presence in the House and Senate of so many lawyers has resulted in the production of more effective, constitutionally sound legislation.
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