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Medical Malpractice: Definition and Common Types

There’s so much on the line when you’re working as a medical professional. When you’re responsible for the well-being of other people, a lot will be at stake and only the highest level of care is expected from you. Doctors, nurses, physician’s assistants, pharmacists, and other medical professionals go through years of training in preparation to provide such important service to the public. Falling short of the standard isn’t an option. Even the slightest error could prove to have damaging consequences. This is why the law has certain safe guards to ensure that medical professionals are held accountable for any fatal error they might commit in the line of duty.

Medical malpractice refers to cases where a medical professional is seen to have committed a negligent error in the treatment of another person, causing injury or death. According to the Journal of American Medical Association or JAMA, patients and their families all over the U.S. received more than $3 billion in medical malpractice during the year 2012 alone. These payouts were expected to cover damages that include medical costs, loss of income, as well as physical and psychological anguish.

On their website, Clawson and Staubes, LLC: Injury Group lists some of the common types of medical malpractice cases. These include situations where a physician’s provide the wrong diagnosis to patients, delaying proper treatment, as well as errors committed during surgery. Other cases of medical malpractice include committing mistakes in administering medication and birth injuries caused by errors during labor and delivery.

Medical professionals are responsible for providing their patients with the best quality of care. Failing to meet such expectations due to negligent and avoidable errors can lead to devastating consequences. Cases of medical malpractice should be addressed immediately. Victims and their families should be aware that they have the option to pursue legal action and receive justice.

Workers’ Compensation Insurance: Providing Financial Benefits to Employees Who Suffer Job-related In...

Among the different types of work environments, construction sites are one of the most dangerous, like power plants, factories, mines, railroads and other industrial sites. In 2012 alone, job-related accidents claimed the lives 806 construction workers; this is about 20% of the 4,175 employee deaths reported in the private sector. According to the Bureau of Labor Statistics, about 150,000 construction workers are also injured on the job every year.

Based on records from the Centers for Disease Control and Prevention (CDC), the top four causes of construction accident injuries and untimely death at construction sites are getting struck by construction vehicles or equipment, getting caught-in-between or pinned between equipment and a solid object, electrocution, which can cause burns, explosions and fire, and slip and fall, which is the most common cause of injury in the workplace that results to hip, spinal cord injury or head injury.

Due to their physically-tasking job which also involves daily exposure to danger, construction injury attorneys from the Hankey Law Office strongly emphasizes the need to ensure the safety of construction workers, as well as the importance of making sure that injured workers are able to claim the compensation they deserve.

Physical injuries are not the only daunting consequences of construction site accidents, though. So many injured workers also become vulnerable to financial problems because injuries render them unable to report back to work. This means lost wages on top of the costly bills they will need to pay for medical treatment.

In their website, the Appleton personal injury attorneys of Habush Habush & Rottier S.C. ® says that while some construction accidents may be unavoidable, but there are a substantial number of other situations wherein accidents are due to the recklessness or negligence of others, of employers and managers and supervisors, especially. In these circumstances, accident victims may have cause to pursue an injury claim.

Injury claim can be filed by workers with the Workers’ Compensation insurance program. This state-enforced and controlled program, also known as Workman’s Compensation Insurance or Employers’ Liability Insurance, is an insurance program that is designed to provide financial benefits to employees who sustain job-related illnesses or injuries. It offers tax free wage replacement (usually one-half to two-thirds of an injured employee’s regular wage) medical, disability, rehabilitation and death benefits regardless of the cause of the injury or who was at fault for the injury. Employees who avail of this benefit, however, should waive their right to sue their employer for further claims (injured employees may, instead, not file a claim for the right to file a civil suit against their employer – this is usually the case if the injury or illness is so severe so that amount of damages is much higher than the financial benefits offered by the insurance program).

For the injured or for those who develop a serious illness, the LaMarca Law Group, P.C. says that Workers’ Compensation benefits extend even to people who suffer temporary or permanent disability.

Whether an employee intends to file a claim with the Workers’ Comp or file a lawsuit against his or her employer, it would be more advantageous if he or she were to seek assistance from a disability benefit lawyer, who will be able to help determine which specific disability benefit he or she should apply for, or from a personal injury/construction accident lawyer, who will be able to help him or her pursue the legal action that will best help him or her seek the compensation the he or she legally deserves.

Seeking Legal Help for Cerebral Palsy and Medical Malpractice Cases

Medical malpractice is one of the claims that fall under personal injury litigation, since the negligence of a medical professional was involved. It is the case where a doctor or any health care provider performs a duty that is, in any way, below or against the procedure standards in the medicine field, often resulting in the injury or death of a patient. According to the Cleveland Clinic, Cerebral palsy is an umbrella term for describing a group of chronic disorders that impair a person’s ability to control body movement and posture. Cerebral palsy, one of the most common injuries acquired during birth, is a testament to medical malpractice all throughout the country. There have been actual lawsuits that alleged medical professionals of causing cerebral palsy in children because of their negligence.

Cerebral palsy is usually caused by the lack of oxygen in the brain during fetal development, and some other causes include head injury, infection, brain bleeding, brain damage, and premature birth. All these, according to the Driscoll firm, may be a result of a doctor’s failure to do right by his/her duties.

If your child has been diagnosed with cerebral palsy, there is an abundance of lawyers that may aid you in your case. Birth injury lawyers are just among those many choices, but personal injury lawyers will be able to transact with you just as well, since they handle cases where one party is accused of negligence, such as doctors in the case of cerebral palsy.

A Louisville personal injury attorney may mention that injured and disabled patients who found their doctors or health care providers performed reckless or negligent care may very well hold these medical professionals accountable for what they have done. Besides birth injuries, the other forms of medical malpractice may be wrong diagnosis, delayed or improper treatment, surgical/emergency room/pharmaceutical errors, wrongful death, and hospital negligence.

What are the common causes of car accidents?

According to the Association for Safe International Road Travel, at least 37,000 people are killed in vehicular accidents every year and about 2.35 million people sustain injuries or become disabled. As the website of John Michael Bailey Injury Lawyers attests to, critical automobile accidents may root from negligence and recklessness. While a person’s negligence is a great factor that contributes to a car accident, it is still a broad topic that covers several different cases.

Over speeding is one of the most common reasons for accidents, and it also commonly has the more tragic results. The higher rate of speed doubles the chances of a crash, since the driver will have less time to rationalize the situation on the road. Speeding also results in more severe injuries due to the impact.

Drunk driving is also highly considered as a cause of road crash, since the consumption of alcohol affects a person’s state of mind in almost every case. However, it may be categorized into two, depending on different factors. As written on, drunken driving may be considered as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). For example, a person under the legal drinking age may only be charged with DUI after any amount of alcohol is found in his/her system. Adults, on the other hand, are charged with DWI only when their alcohol level is beyond a particular limit—0.08% for most drivers and 0.04% for commercial drivers, according to Inglis Defense.

Distraction to drivers, whether inside or outside the vehicle, are likely to cause accidents. One of the most notorious distractions is the use of cellular phones while driving, since it requires major attention from the driver. Several other distractions that may occur are listening to the stereo, looking at billboards, or even glancing at a particular object in passing.

These three are the common forms of negligence that lead to accidents, but there are far more considerations that may be involved in a crash.

The Different Types of Child Custody

There are certain situations to be dealt with when a couple decides to get a divorce or an annulment, the most common being the proceedings for child custody, which only applies to the couple’s child/children under the age of eighteen. Child custody is the different aspects of guardianship that a court grants to the parents of the children. In almost all child custody cases under the United States law, the aim of granting custody to the more able parent is to provide the best possible life and well-being to the child/children after the separation of the parents. The Huffington Post suggests that before embarking on a custody dispute, remember that this should not be about you or the other parent, but what is in the best interests of your children.

According to the website of Arenson Law Group, P.C. in Cedar Rapids, child custody is essentially the hardest aspect of a separation since children are the most important shared part of the union. There are two kinds of child custody—legal and physical. Legal custody pertains to the right of the parent to decide about the needs of the child, such as education, health care, and even day-to-day decisions to the benefit of the child. Physical custody, on the other hand, is a matter of housing situation where the child lives with one parent most of the time, with the other parent possibly granted visitation or no visitation at all, depending on the severity of the case. However, the same degree of rights may be granted to both parents.

Legal and physical custodies are subjected to either joint or sole. Joint custody means that both parents of the child are entitled to the guardianship equally, and it could be joint legal custody or/and joint physical custody. Sole custody is simply the other side of the case, where one parent has more rights to the child’s guardianship than the other parent, and it also applies to both legal and physical custodies. The proceedings for child custodies are under the jurisdiction of family courts.

How freight factoring works

The trucking business is a highly competitive industry in the United States, and up-and-comers are faced with several roadblocks, usually the delay in the cash flow. There are new trucking businesses that need stabilizing, but unfortunately, there are instances where a customer will take a long time before paying for the services rendered by the company, thus delaying and hindering the progress or possible business expansion that the trucking services owner may be interested in.

Freight factoring provides an easy solution to this. Freight factoring is a convenient and reliable way to get paid for your freight bills now. Factoring companies exist to initially provide money to trucking businesses in order for the latter to be paid immediately after a service. When the client finally pays, the balance amount in the factoring will now be given to the trucking company, and the factoring company will finally get the share for its services. This type of deal allows the trucking company to be funded for its daily operations, providing room to grow the business.

While the premise surrounding freight factoring may sound a lot like loaning; according to the website TBS Factoring Service, it is actually not a business loan. Freight factoring would require the company to sell its invoices, and always at a discount, in exchange for immediate payment by the factoring company.

Firstly, once the trucking company seals a load with the client, the information about the transaction is then provided to the factoring company for confirmation and approval. After the trucking service, the bills of lading (a document that specifies the shipment of merchandise and gives the shipment title to a particular party) and other relevant documents are sent to the factoring company. The factoring company will now send the payment to the trucking company following the agreed-upon rates. Finally, when the client has paid the invoice, the trucking company will receive the balance.

When does a car accident become a personal injury case?

Traffic collision, or car accident, is the most common source of injury that leads to a lawsuit. It usually occurs when a vehicle collides with another vehicle, but it is not exclusive to that particular situation. Car accidents may be when a vehicle hits a pedestrian, a tree or pole, an animal, or any other object on the road besides a vehicle. In these situations, typically, someone will sustain an injury, and that is usually where a personal injury lawyer enters the picture. According to the National Safety Council, motor-vehicle deaths for January through June of 2015 totaled 18,630.

According to the website of the LaMarca Law Group, P.C. in Iowa, personal injuries are physical wounds and damages that were obtained because of someone else’s negligence. A case only becomes a personal injury lawsuit when the claimant strongly believes that the liable party had intentionally or non-intentionally inflicted harm due to carelessness. A person may hold the other party liable; however, comparative fault rules apply in the state of Iowa. Iowa car accident lawyers define comparative fault as when a person, to some extent, is at fault, the recovery reduced according to the amount of the person’s own liability.

The website of law firm Habush Habush & Rottier S.C. ® confirms that every year, at least a few million people are aggravated or have sustained critical injuries as a result of car accidents in the United States. Negligence in car production, or the recklessness of the automobile manufacturer can also be considered personal injury cases if this neglect causes harm to innocent individuals.

Basically, a car accident will be considered as a personal injury case as long as someone involved in the accident has been negligent in the events leading up to the crash.

What is bad faith insurance and how is it commonly determined?

One of the most common lawsuits associated with insurance is bad faith. According to the Florida Bar Journal, bad faith statutes provide social benefit by encouraging insurers to make fair settlements.  Bad faith insurance happens when the insurer performs a dishonest action, normally by breaching or not fulfilling what was written on the contract. Sometimes, bad faith may also mean that the insurance company misleads the other party and creates an agreement without actually meaning to keep their end of the bargain. Not only is that a violation of the rights of the insured person, but the act of bad faith is also a violation of the law.

The topics covered under bad faith insurance sure are broad, but how will one identify if an insurer is practicing bad faith? According to the website of a Dallas insurance lawyer at Smith Kendall, PLLC, one of the most obvious signs people may notice is when the insurer denies or delays payments without substantial reason. According to Fight Bad-faith Insurance Companies, an insurance case may also be considered bad faith when the insurer fails to provide prompt response after receiving a claim or when they take action based on recent changes in policy without informing the insured.

As mentioned earlier, the discussion of bad faith insurance covers a long list, and the specific issues may not be obvious to the insured.