A GUIDE INTO THE COMMON TYPES OF MEDICAL MALPRACTICE LAWSUITS

Medical centers are there to treat patients and ensure their full recovery. So, how stressful can it be for errors to happen during treatment that adversely affects your quality of life? What is even worse is when these errors are a result of negligence.

Doctors, nurses, and other medical practitioners can make errors that permanently injure their patients. When this happens and is as a result of negligence, it is known as medical malpractice.

In such a scenario, the patients suffer emotionally and physically for the mistakes of another person. The patient should seek the services of a medical malpractice lawyer to help them through the process of seeking compensation for the injuries sustained. 

Unfortunately, not many patients know when to file a medical malpractice lawsuit. Medical practitioners might try to hide their tracks by saying that the outcome was expected when, in the real sense, it was not. In this article, we look to enlighten the general public on common types of malpractices that are entitled to compensation.

  • Misdiagnosis

Misdiagnosis is one of the most common medical malpractice lawsuits. Here, the doctor does the relevant examinations but fails to give a correct diagnosis. The doctor might say that the patient has no apparent illness or may wrongly diagnose the patient.

The reason why misdiagnosis is classified as medical malpractice is that it prevents the patient from getting the treatment that facilitates their recovery. Also, in cases of a wrong diagnosis, the patient is treated with the medication they do not need, which is dangerous to their health. 

However, not all misdiagnosis falls under medical malpractice. It only happens when the medical practitioner fails to do what is required for a similar treatment, which results in injury. In such a case, a visit to Greenstein & Milbauer is imperative.

  • Delayed Diagnosis

This is similar to misdiagnosis, but in this case, an accurate diagnosis is made later on. A lawsuit, in this case, is viable when the delay in diagnosis is proven to have made the condition worse because proper treatment was not given in time.

Just in the case of misdiagnosis, the patient has to prove that the medical practitioner examined them less competently as compared to other medics with patients suffering from the same condition.

  • Failure to treat

There are times when the medic has an accurate diagnosis but fails to give the right treatment. This may constitute medical malpractice if the doctor was not diligent about giving the patient the required care.

  • Surgical errors

Surgical errors are the most dangerous form of medical malpractice. They include performing incorrect or unnecessary surgeries, damage of organs during surgeries, incorrect administration of anesthesia, using non-sterile surgical equipment, leaving medical instruments in the patient, or sub-standard after-surgery care.

One problem with surgical malpractice is that a consent form was signed, acknowledging the possibility of death. Doctors can use it to prove it was not a case of malpractice. However, it does not mean that a surgeon can administer wrong doses of anesthesia and walk scot-free.

These are some of the common scenarios that may trigger medical malpractice lawsuits. Other forms of malpractice do not fit in either of the above categories. So, in case you suspect that your doctor was negligent in any way, talk to a malpractice attorney immediately. 

Posted in Law

After Getting A Traffic Ticket, What Next?

In every state, there are traffic laws set that are meant to be followed. The traffic laws are put in place to ensure that drivers do what is right, and it is also a great way to avoid car accidents. Well, getting pulled over by a traffic officer is not anyone’s wish. If anything, most drivers fear hearing the siren and seeing the lights from a police car indicating that they should pull over. But what to do after being asked to pull over? Well, the first thing is to do as instructed- pull over. After doing so, here are a few things that you should do;

1.      Do not argue with the traffic officer

Most drivers are fond of arguing with police officers even before they hear why they have been pulled over. Worse yet, some drivers even try to accelerate even more to run away from the traffic police. These are some of the things you should avoid at all costs. After being pulled over, be calm and listen to what the officer has to say. Yes, you are allowed to ask as many questions as possible but do not argue with them. This is so because getting into an argument may end up costing you even more than what your traffic offense was.

2.      Access the situation

Amid all the confusion after being pulled over, it is imperative to access the situation. Try and figure out why you were pulled over.  For instance, sometimes you might find that, according to you, you were not over speeding, but the traffic police went ahead and still issued you a speeding ticket. There are two options here, either it is true that you were actually speeding, or the police officer did issue the ticket unfairly. However, note that the speed limits of some towns are different from others. While on some roads, you may be allowed to drive at a speed of 80km/hr, in some, the maximum speed you are allowed to drive is 40km/hr.

3.      Call your traffic ticket lawyer

After accessing your situation, it is now time to call your Denver traffic ticket lawyer. It can be quite difficult trying to get your head around some of the legal processes after being issued with a traffic ticket. The three main options after being issued with one are to pay the ticket, fight the ticket, or seek mitigation. And it can be confusing trying to decide what option to go for- more reason working with your attorney is the best option. The attorney is in a better position to access the situation, and they will know how well to handle your case. If you choose to fight the ticket, then the attorney will represent you and ensure that your case is heard.

Take Away

After being issued a traffic ticket, it is essential to take care of it as soon as possible. Check out Justice for Colorado website to learn more about how you should deal with a traffic ticket.

Posted in Law

TYPES OF THEFT CHARGES

Theft is one of the most common types of crime in our law courts. It is a criminal offense punishable by the law. Theft crimes carry different sentences, and they all depend on the charges laid against you.

Once arrested, the defendants should seek the services of a theft defense lawyer. A lawyer who can help file all the necessary paperwork, offer legal representation, and make sure the defendant gets a fair hearing.

To have a better understanding, below are types of theft charges you are likely to encounter in a court of law.

  • Larceny

Also known as simple theft, larceny is a theft crime committed when someone’s property is taken without their knowledge or permission. This could be something as simple shoplifting or as severe as robbing a bank.

With larceny, the sentences passed vary according to things such as where the item was stolen, the value of the stolen item, as well as the type of property taken.

Sentences given to such crimes include probation, fines, jail time, or both.

  • Identity theft

Advancements in technology and, especially in computers and smartphones, have revolutionized our way of life. However, with the good comes a fair share of the bad.

With access to the internet, technological devices have made it easy for hackers and other unscrupulous individuals to get easy access to personal information. Identity theft crimes involve the use of another person’s name, credit card, bank account, and other personal information that the victim identifies with.

Identity theft is a federal crime due to the potential dangers involved. For example, an identity thief might use the victim’s information to commit other serious crimes that might get them into trouble with the law.

This crime carries a lengthy jail sentence, and the thief is required by the law to forfeit all stolen property or funds.

  • Robbery

Also known as armed robbery, these are crimes that involve intimidation, threats, and violence to acquire property or money.

Robbery crimes carry heftier punishment as compared to larceny and identity theft. The reason being, there is a use or threat of violence. Armed robbers come equipped with guns, knives, and other dangerous instruments that can cause severe injuries and damage.

As stated earlier, robbery charges are sensitive and more complex. As such, it is imperative for the accused to seek the services of reputable and experienced criminal attorneys from Schwartz criminal defense firm to ensure they are satisfactorily represented.

  • Fraud

The law classifies fraud as a white-collar crime. It happens where one person steals from the other under false pretenses. The victim falls for the deceit and offers their property willingly, unaware of the other party’s intentions.

The same applies when someone takes money or property they were entrusted with. Examples of fraud include embezzlement and counterfeiting, among others. 

These crimes carry hefty penalties as well as lengthy jail time. The reason being, the consequences of this crime can be devastating and traumatizing to the victim, due to the large financial losses they may incur. 

Posted in Law

Workplace Injuries and Related Work Injury Claims

Workplace injuries are prevalent, and it’s surprising how most of them go unreported. Nonetheless, it’s advisable to seek medical help and consult an Indianapolis workers comp lawyer. The attorney will guide on all the legal issues associated with workplace injuries. Although it isn’t easy to stop such damages, there are many steps that you can take to make the work environment safer. 

Below are incidents that cause workplace injuries:

1. Falling

Slips or falls are common in workplaces. You can trip on the same level or on to a lower level. Falling on the same level is common among many workplaces, and can happen to all employees. Falls to more moderate levels are common during construction, in construction sites. Falling can as well occur in high elevation wok sites. Falling may include falling from ladders, a roof, or down a staircase.

2. Hitting

In most workplaces, workers use a variety of tools, and some of them can fall when one is performing the tasks allocated. As a result, the device can hit a worker leading to severe injuries. For instance, if you’re working on a roof and a hammer falls, hitting a fellow worker, the damages can be plentiful. You can as well hit objects like tables, desks, glass doors, and get injured.

3. Body reactions

Your body can react negatively due to sitting, bending, standing, and many other actions that are not necessarily falling or slipping. Such injuries can happen to any worker and can affect you negatively, just like in the case of falls.

4. Crush injuries

You can be caught or pressed by equipment at work, mostly machinery, which can lead to severe injuries. Most of the machines used in manufacturing companies are very powerful, and the experience can be devastating. Workers can also get exposed to very high temperatures, frostbites, heat exhaustion, burning, and get injured by the changing temperatures.

What are the types of work injury claims?

Burn injury claims- Burns mostly affect chefs, kitchen workers, and people who work with chemicals and other dangerous substances. Burn injuries are painful and can lead to many days off work. They can also cause unsightly scars, which affect you psychologically. So, it’s critical to seek support from a Kooi Law attorney; they can help you understand the details regarding emotional distress resulting from injuries incurred at work.

Manual handling claims- A worker can sustain injuries while carrying out manual handling and heavy lifting jobs. While you may experience the effects of the injuries immediately, others may bother you after a long period.

Repetitive strain injury claims- Repetitive strain injuries are common among manual workers and anyone who performs repetitive tasks at work. You can avoid this type of injury by learning the risks associated with repetitive tasks. But, in case you sustain injuries from such tasks, you can file a claim on the same.

Conclusion

Workplace injuries affect many workers all over the world. Every worker can fall victim to workplace injuries, and this can cause both pain and financial hardship. The best way to prevent injuries and accidents in the workplace is by learning how to avoid them before they happen.  

Posted in Law

TOP CAUSES OF ROAD CARNAGE

There are hundreds of road accidents in our country, most of which are preventable. Unfortunately, the consequences of road accidents are devastating as they can lead to severe trauma such as a permanent disability or even death.

Road accidents occur due to various reasons. In this article, we are going to look at the reasons for the occurrence of road accidents.

Let’s delve into specifics.

  • Over-speeding

There is a reason why speed limits are present. They are not a suggestion, nor a recommendation but are directives.

Drivers need to drive within the recommended speed limits. However, some drivers ignore such directives and end up causing fatal accidents that could be avoided. 

When driving within the recommended speeds, it is easier to come to a halt in case an obstacle is encountered. It also ensures your safety as well as that of other motorists and pedestrians.

In case you are charged with over-speeding, seek assistance from a Chicago speeding ticket lawyer.

  • Distracted Driving

Distracted driving is one of the most common causes of road carnage. It has claimed the lives of many motorists and pedestrians as compared to other causes of road accidents.

Various reasons cause a driver to be distracted. Some of the common ones include the use of phones when driving, eating, or drinking while behind the wheel.

  • Drunk driving

Another major cause of road carnage is drunk driving. They are particularly common during the weekends and holidays when people tend to consume a lot of alcohol.

Chicago trusted attorneys advise that, as much as alcohol is consumed for enjoyment, it reduces response time and the ability of a driver to make split life-saving decisions. Also, it reduces the ability to focus, which significantly increases the chances of getting into an accident.

Drunk-driving related accidents are easily avoidable. One way is to make sure that the driver avoids alcohol consumption. If that is not an option, it is advisable to get a designated driver. 

  • Reckless Driving

Reckless driving is, basically, over-speeding, carelessly changing lanes, tailgating your fellow drivers as well as ignoring road signs. This is a common habit and a major cause of road accidents.

Most of the drivers who practice reckless driving do not care about the safety of their fellow drivers, pedestrians, and passengers. Most often than not, reckless driving goes hand in hand with driving under the influence (DUI) or an impatient driver who wants to get to their destination fast enough.

  • Weather conditions

Extreme weather conditions are also a common cause of accidents in the country. When it is rainy, drivers cannot see the road clearly, and accidents may occur. Sometimes, the road becomes overly wet, which may lead to cars losing grip on the road and skidding off the road, causing accidents.

The same case applies to the snow. It can be overly difficult to drive in the winter. As such, drivers are urged to avoid over speeding and maintain proper focus. 

To significantly reduce the number of road accident victims, motorists need to avoid doing the above things. That way, we are assured of safety on our roads.

Posted in Law

How to Deal with A Wrongful Death of A Loved One

If given an option, we would all want to live and spend all our lives with our loved ones forever. But the truth of the matter is that death is inevitable. Dealing with the loss of a loved one is one of the most emotional phases that you can encounter in life. Regardless of the cause of death, it can quickly drain you emotionally and physically as well. In some cases, you may lose a loved one due to negligence by another party, something that can be so hard to get over. However, life has to go on. If you have lost a loved one recently due to wrongful death, here are some tips that can help you deal with it;

  1. Accept the loss

Accepting that a person you love is no more is one of the hardest things to do. But the first step towards your healing is accepting that they are gone. This is not to say that you should pretend to be strong on the outside- no. Allow yourself to feel all the emotions and cry it out. This will, in turn, help you to grieve and eventually move on with life.

  1. Find a support group.

 Support goes a long way after losing a loved one. Typically, when people go through grief, they often isolate themselves. This can easily lead to depression and other illnesses. As such, it is always good to get support from your family members and friends. You can also join a local support group where you will be able to meet with other people going through the same. This will give you some comfort knowing that you are not the only one going through such, and at the end of it, you will be able to carry on with your normal life.

  1. Do things that make you happy.

We can agree to the fact that going back to your normal life can be tough. But doing things that you love can help you a great deal. Going to the gym, camping, reading books, hanging out with friends, or going on vacations are some of the things you can try. This will at least help you get your mind off the grief you are going through and focus on the other good things in life. If possible, tag along with a close friend as you engage in some of these activities as you will not only have fun together, but they will also offer some emotional support when need be.

  1. Hire an experienced wrongful death attorney

Dealing with all the legal processes after losing a loved one can be daunting. Amid all the emotions and hurt, it can be hard even to think straight. And that is where the need for a wrongful death lawyer comes in. The right lawyer will help you deal with all the legal processes and ensure that the case is handled accordingly.

Are you looking for a wrongful death attorney? Reach out to Anderson & Anderson to get the necessary help.

Posted in Law

Ways You Can Help Your Attorney Get the Best Car Accident Settlement

Car accidents take place from time to time. The incredible thing, though, is how fast victims are able to get back on their feet. This can be accredited to insurance companies as they help their clients do repairs, compensate for medical bills incurred, and other damages. It is, however, essential to note that this does not come easy. As a victim, you have to endure tedious claim processes. You can make things easy by working with a Toronto car accident lawyer. A good lawyer will give you guidance on what to do after the accident, and negotiate for the best settlement. Note that you also have a role to play: here is what you can do to help.

1. Preserve evidence

One of the best ways to help your attorney is by providing evidence. This should be collected at the time of the accident. Taking photos of the scene, the location of the accident and witnesses will go a long way. The more evidence you have, the higher your chance of winning the case. 

The other useful evidence to have is a police report. You are therefore advised to call the police as soon as you can to come to the scene. The evidence will collectively help you build a strong case.

2. Be patient

Do not be too eager to receive a settlement, as this might lead you to get an undervalued claim. Let your car accident attorney from Jasmine Daya & Co negotiate the claim you deserve. It is worth noting that the insurance adjuster will always come with a low offer if you accept it immediately you might miss out on the best claim. To get the best settlement, let your attorney take the lead. He or she can distinguish a reasonable compensation and one that is not. 

3. Avoid social media

We live in the digital age, and posting our life events on social media is tempting. However, this is not something you want to do if you are looking to have a successful car accident claim. The best way to help your attorney is by staying off socials. In your case, you might say that you sustained devastating injuries. However, if your social media pages show that you are fine, this might be used against you. Until the case is settled, you should remain silent. 

4. Get medical assistance

You will not be compensated for injuries unless you can prove that the accident has caused them. The only and best way to go about this is by producing medical records. Help your lawyer get you the best settlement by getting immediate medical attention. Medical reports, bills, and treatment journal will aid your car accident attorney in negotiating the best settlement for you.

As much as your attorney is trained or this case, your input will also be valuable. You can make the case better by helping with the collection of evidence, being patient, getting medical assistance, and staying away from socials. 

Posted in Law

Mistakes To avoid when choosing a car accident lawyer

After being involved in a car accident, the last thing you would want is working with the wrong car accident lawyer. Today there are a plethora of law firms with different types of attorneys, and this can make it overwhelming for you to choose one that will be able to represent you accordingly. It is, therefore, imperative to do your research before hiring one to be sure that they will have your best interest at heart. While doing your search, here are some mistakes that you should avoid by all means.

  1. Not checking if the attorney has a practicing license

Car accidents are quite common. And, typically, most people involved in car accidents will rush to get a car accident attorney. As a result, there has been an increase in the number of fraudsters who pretend to be car accident lawyers. If not careful enough, you might end up being a victim of fraud, which is something you do not want for yourself. As such, always seek to find out if the lawyer is licensed. The presence of a license tells that the lawyer is authorized to provide their services to you. Ask them to show you a clear copy of the license to ascertain that, indeed, it is real and that you can trust them.

  1. Not looking at the experience of the lawyer

While looking for any service provider, the experience is critical. You are in a better position working with a more experienced Hastings car accident lawyer compared to working with an amateur, and here’s why. For one, a more experienced attorney knows the ins and outs of the car accident claim processes. Secondly, they can be able to speed up the whole process as they already know what to do at what point and what should be prioritized. Lastly, the chances of an experienced attorney winning your settlement claim are high since most insurers already know what they are up against and will ensure that they comply to avoid going for trial. It is, therefore, crucial to always find out how long the attorney has been in business before hiring them. Do not be afraid to ask them for how long they have been in business and also ask them for some references from their previous clients.

  1. Forgetting to look at the lawyer’s reviews

Hiring a lawyer blindly without checking their online reviews could cost you a fortune. It is essential to get to know what other people are saying about that particular car accident lawyer. While the lawyer might be having the right documentation, it does not necessarily mean that they are the right one for you. Take your time and scheme through some of the online reviews as well as get referrals of the best car accident attorneys near you. Choose one with a good reputation and is known for their excellent services such as Conway, Pauley & Johnson, P.C.

  1. Considering costs only

Lastly, do not make a mistake of hiring a lawyer based on the charges only. You want to look at other factors alongside costs before making your decision. Keep in mind that the amount you will pay largely depends on other crucial variables as well.

Posted in Law

How To Know The Value Of Your Car Accident Settlement After An Accident

Being behind the wheels means that you should be ready for any uncertainties on the road, including car accidents. Car accidents vary in severity, while in some, you may get out not hurt at all; some may leave you with lifelong injuries. After being involved in one, it is advisable to always reach out to an experienced Salt Lake City car accident lawyer. This is so because they will help you out with the legal processes and ensure that you get the right settlement of your claims. One of the things that are paramount when filing for a car accident claim is knowing how to value it. And here are a few things that you need to look at while doing your calculations;

1. Look at the economic losses

After an accident, what most people often think about is the financial impact the accident has on them. And rightfully so. This is one of the things that you should definitely consider when trying to calculate the value of your claim. Some of the financial costs you can look at include medical bills, medical-related expenses, lost wages, other lost income, and damage to property, to mention a few. While doing your financial costs computation, ensure that you indicate all the costs you have incurred, even the slightest of them all. Fortunately, the economic damages are easy to compute, keeping in mind that most of them have some monetary value to them.

2. Factor in the non-economic damages

The other important thing you want to look at is the non-economic damages. These damages cannot be neglected because they affect your quality of life. Some of the non-economic damages include emotional distress, pain and physical suffering, loss of property, and permanent physical disability. The non-economic costs might be hectic to calculate, given that they do not have a monetary value attached to them. For this reason, it is advisable to work with a professional who can help you do the calculations of such damages. And this leads us to our next point; work closely with your attorney.

3. Work closely with your attorney

Yes, it is possible to get things done by yourself, but truth be told, it will be quite stressful. This is so because you will be seeing and using terms that you are not that familiar with. And this means that you will always have to keep on doing research all the time. Sadly, you might end up missing very crucial points when doing the calculations. To save you all that headache, work with reputable Craig Swapp & associates who will help you with the same. For one, they have enough knowledge on how to do the calculations, and secondly, they will be able to speed up the process keeping in mind they already have experience on the same.

Take Away

Knowing the value of your claim is vital. By following the above-mentioned tips, you can now be able to know the value of your claim and follow up with your insurance company accordingly.

Posted in Law

Why Hire Truck Accident Lawyer?

Have you been involved in a truck accident? Trucks, when fully loaded, weigh an average of over 30 times the standard car. This makes it harder to drive, and given the nature of trucking business, a little more likely to cause accidents. What’s more, given their weight, truck accident more often leads to significant injuries and damages. If therefore, you or your loved one is involved in a truck accident, you need to employ necessary measures to protect your legal rights as well as ensure that you are fairly compensated for any losses incurred.

Given the nature of the situation following a truck accident, among the most effective considerations is consulting a Milwaukee car accident lawyer. From their assessment, you can then plan on the best approach to handle the case, including hiring an experienced Milwaukee car accident lawyer. Hiring a truck accident lawyer offers several benefits, and here is why you should consider it over handling the case on your own.

The experience

Unlike accidents involving non-commercial cars, a truck accident means that you will not only be dealing with the insurance company but the trucking business as well. Noting the nature of trucking business, you can expect that they are armed with experienced lawyers and adjusters to mitigate the costs should their trucks be involved in accidents. Facing such teams can be quite frustrating, taking your case forever, especially if they are uncooperative or employ tricky measures to stall the case.

Experienced truck accident lawyers understand the ins and outs of the trucking business, meaning that they won’t be easily frustrated by the defense team tactics. With their legal knowledge, moreover, they are better positioned to pursue the case and deal with uncooperative parties, including suing them and representing your interests in a court of law.

The resources

While you can provide detailed information about the accident, you can miss some points, yet their contribution could be what is required to give your case an edge. Truck accident lawyers are resourceful, including affiliation with professionals such as accident reconstruction specialists. With their skills, the lawyers can cooperate with other parties such as the authorities and medical professionals to build a solid case. Such resourcefulness is all you need not just to pursue the car accident case but ensure that you protect your rights and receive better compensation.

Negotiation skills

While calculating the damages incurred, how likely are you to include emotional pain? Tangible elements are quite easy to quantify, but calculating non-financial losses can be challenging. Lawyers’ resourcefulness allows them to thoroughly assess the situation and establish the extent of damages done by the accident, including factoring in such non-financial concerns. This eases the calculation of the compensation you should receive, better than you can achieve with free online compensation calculators. With their negotiation skills, moreover, the lawyer can effectively deal with insurance companies, especially noting that they usually offer a lowball settlement requiring negotiations to arrive at a reasonable amount.You could be considering a car accident lawyer’s services with a view of navigating the legal process, but their contribution delivers numerous advantages. With their services, you can concentrate o the recovery process as handle the case, delivering favorable results than you could.

Posted in Law