Can You Charge for Medical Malpractice?

Jan 31

Hypothetically, say you were ill. The sickness is possibly threatening but can be treated if diagnosed properly and on time but your attending physician either made the wrong diagnosis or carelessly overlooked it, causing for the illness to grow more rapidly, leaving you more ill than you were before. Or, citing an example from the website of lawyers at the Abel Law Firm, perhaps say you were having a few minor complaints; maybe you were having a bit of muscle pain or a bit of trouble sleeping or having a headache and instead of standard prescribed medication that has proven to be trustworthy and effective, the doctor in question gives you experimental treatment that ends up in catastrophe and even further injury. Situations like these can be classified under medical malpractice.

Due to the incredibly vast nature of medicine, it can be quite difficult to acquire legal aid that is capable to navigate your case through a court of law. After all, the attorney you hire must be able to responsibly represent you in order for you to receive due compensation for your troubles.

Medical malpractice often leaves the victims scarred and afraid, which is perfectly reasonable. There are the expenses and additional medication in order to ensure recovery as well as the loss wages that must be taken into consideration. The trauma endured from the malpractice is incalculable and yet still, there must be compensation for the injury dealt all the same. A medical malpractice lawyer should be able to understand your case and even go as far so as to make sure that you only receive the very best and most capable treatments available so that you can go back to your regular life.

It can be a traumatic experience for all involved but if you or someone you know has been the victim of personal injury due to medical malpractice, it is advisable that legal assistance is hired as soon as possible in order to alleviate stress and heartache.

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Save Your Business against BP’s Claim Appeal

May 06

More than three years after British Petroleum (BP) spilled oil in the Gulf of Mexico, many companies and individuals are still waiting to have their claims paid; some have waited for months, others for years. The reason for the long wait is BP’s success in appealing individuals’ claims. These appeals, filed by the oil firm itself, are against what it believes are fraudulent claims filed against it (by those who were never really affected by the spill, but joined the claims spree to earn easy money).

It is a fact that many businesses still continue to lose big income and are still struggling to find ways to recover. It cannot be denied that the 210,000,000 US gallons or 4.9 million barrels of oil that were spilled by BP’s oil rig in the Mexican Gulf really affected many firms along and near the coastlines, especially companies that basically rely on the sea itself, like sea food restaurants and sea-based activities (boating, scuba diving, yachting, and others).

Since the spill in April of 2010, BP has already paid more than $25 billion to individuals, business firms and the government, including cost of clean-up, for claims settlement. Late did BP realize, however, that many of the settlement it has made were based on fraudulent claims. To stop unnecessary loses the oil firm filed a claims appeal, which finally gained approval in July of 2013.

The BP claim appeal put a stop in the payouts, despite the continuous rise in the number of claims still being filed. The real effect of the appeal is the burden it has caused on those businesses that were really affected, so that even if the claims made by these firms were evaluated as authentic, now they will have to battle legally to earn their money.

It is clear that BP is solid in its stand to expose fraudulent claimants than continue to suffer unnecessary loses – all at the expense of authentic claimants. This scenario makes the presence of claim appeal lawyers, fighting for your rights, an essential requirement if want your business to survive. Leaving your firm’s fate to the outcome of the appeal process would be like waving your right to get what you legally deserve, which would also mean the survival of your firm. And acting now would be much wiser than waiting again for months or years for a result that you absolutely have no idea what would be.

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Preventing Identity Theft through the Red Flags Rule

Mar 28

Every year about 9 million Americans end up as victims of identity thieves, who deplete their accounts and damage their credit, while leaving them with huge debts from purchases of things they have never even seen. Scam artists have been a threat to many businesses and individuals for so long, and since the dawn of the Internet plus the immense business and personal information contained in it, the con crime has just gotten faster and much easier to accomplish.

According to the website of Peter J. Berman, Ltd., identity theft refers to the wrongful acquisition and use of another person’s personal data, usually for economic gain. It remains a serious concern for corporations and consumers alike. About $50 billion in losses from more than 10 million individual adults are recorded every year; almost the same cost is spent by business firms in the US just to prevent identity thieves from hacking their files and data banks.

The fight against identity theft, especially by companies handling information about personal and business accounts (thieves’ most common targets), requires a serious program that will enable these same companies (and others of their like) to detect and prevent this crime. To help companies in this endeavor, the Federal Trade Commission (FTC), through the Fair and Accurate Credit Transactions Act (FACTA), has required business firms to conduct an Identity Theft Prevention Course, which will simultaneously train employees managing consumer information in red flag rules.

The Red Flags Rule refers to warning signs that will help businesses identify, prevent and lessen the damages caused by identity theft. It is part of the Identity Theft Prevention program (required by the FTC), which is a written set of guidelines that creditors and financial institutions with covered accounts should implement. By covered accounts, what is referred to is a consumer account that involves or permits payments or transactions, such as savings account, checking account, automobile loan, mortgage loan and credit card account. Through the red flags rule, it is hoped and expected that companies will be able to see through patterns and tactics that identity thieves employ in the performance of their crime.

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The Strictness of the Law against DUI

Mar 17

Drunk-driving is strictly prohibited in all 50 states plus the District of Columbia due to the risk (and severity) of accident it almost always leads to. And the legal blood alcohol concentration (BAC) limit for drivers aged 21 and above is 0.08%. Thus, anyone caught with a 0.08% or above BAC level will be charged with DUI/DWI, a serious crime to which have been assigned heavy fines, imprisonment and suspension or revocation of license; other states even require community service and compulsory attendance in a DUI School (an alcohol and drug education class).

According to the National Highway Traffic Safety Administration (NHTSA), drunk-driving is still the most common crime committed in the US, besides being one of the major causes of injury resulting from accidents. And with people aged between 16 and 24 being the ones most involved in accidents, the Zero Tolerance Laws (which prohibits minors or anyone under the age of 21, from drinking and driving) has been enforced in all 50 states. Minors who violate this ordinance can lose their driving privileges and suffer other punishments imposed by the state where they were caught.

The strictness in the implementation of the anti-drunk driving law, however, is viewed by many as a means of limiting an individual’s freedom. With majority of drunk-driving arrests being made during weekends and holidays, it may only show that most of those who may have been caught were individuals who just wanted to celebrate or spend a relaxing, social time with friends or colleagues.

Though DUI violators have totally no intention of hurting or troubling anyone, but just getting home as safely as possible. The website of  Matthew Marin, a Rhode Island DUI defense attorney, says that if caught, the charges can be serious, regardless of a driver’s intentions. Many states have really tough DUI laws which offer no tolerance to violators, despite their excuse of innocence from intentionally harming anyone on the road. And the tougher DUI laws are, the need for a tougher DUI defense attorney becomes more necessary.

Not all lawyers have the same level of intelligence, experience, and determination, though, making the best stand out from the rest. Making sure that a really capable lawyer is in charge of a defense’s side will make a lot of difference in the outcome of a trial.

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Speeding: Just How Much Risk are Drivers Willing to Take?

Mar 13

Many different factors have been identified as causes of injury to many innocent individuals. One of these is motor vehicle accident, such as a car crash. Cars have become the most common (as well as most convenient) form of transportation among Americans, thus, the continuous and rapid increase in their production and importation. But as the number of cars on road continue to multiply, so too do the yearly number of car accidents.

The National Highway Traffic Safety Administration (NHTSA) has named drunk-driving, speeding and reckless driving to be the three most dangerous acts on the road. Drivers, who are guilty of any of these three dangerous road behaviors, put in danger not only the lives of other motorists and pedestrians, but their own lives as well.

Once in a while it is necessary that drivers ask themselves if driving above the maximum speed limit, for instance, to quickly get where they want to be is really worth it even if such would put their lives, as well as other people’s lives, at risk. Or if beating red lights, ignoring stop and slowdown signs and making an improper overtake, to be able to get to work ahead of many others or just for the fun of getting ahead of another motorist, is better than inviting the possibility of getting a ticket or getting involved in a car crash.

The website of the Sampson Law Firm in Louisville says that in accidents involving cars, the probability and severity of injuries are greatly increased with vehicle speed. Thus, because of speed, many accidents result in broken bones or injuries to the brain or spinal cord; enough to lead to the temporary or permanent disability of the victim.

Those who are injured in accidents can suffer from severe trauma, which requires medical attention and days of rest from work. Financially, it means costly medical bills and a loss of sizeable amounts of income. Due to this, victims of accidents are given the legal right to receive compensation from those at fault for their injury. This compensation is generally not given without a fight or at least the threat of a fight, so having the help of a lawyer can help you secure it.

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Medical Malpractice – Improper Treatment Resulting to Cerebral Palsy

Mar 11

Care for the life of a child, while still in the womb of the mother, is the major responsibility of an Obstetrician (also known as an OB/Gyn), whose specialized training includes management of pregnancy, labor, and birth. Upon birth, however, care for the newly born baby becomes the responsibility of another type of a medical doctor, a Pediatrician, who specializes in the management of the behavioral, physical, and mental health of children.

For the unborn, time inside the mother’s womb can be critical. Prescribing just any kind of medicine to a pregnant woman or a woman who may be expecting can result to adverse effects that may harm not just the mother, but the baby too. Likewise, over-eating, smoking, drinking alcohol or using illegal drugs – any of these can have an unfavorable effect on the unborn which can result to a lifelong suffering after birth. All these can only be due to improper treatment, a doctor negligently failing to provide proper or reasonable level of care.

The time of delivery is very critical too, as negligence and carelessness can lead to damaging mistakes, like wrong dose of anesthesia, which can cause serious birth injury, such as cerebral palsy (CP). Babies affected by cerebral palsy in the US number to thousands every year. This illness is characterized by impairment in muscle coordination or loss of motor function due either to an abnormality in a baby’s brain development or brain injury. A child with cerebral palsy will have difficulty talking, walking, eating, playing or doing things a normal child can do.

It was only during the 80s when scientists were able to correct the misconception that CP was caused by asphyxia, a condition wherein the baby’s brain is deprived of oxygen during labor or birth. This was after scientists discovered that damage to the brain of a baby typically occurred between the first and the second trimesters of pregnancy (that is, between the first six months of the gestation period). Damage to the brain during this period is usually caused by: an abnormality in the development of the brain of the unborn child; Intracranial hemorrhage or bleeding inside the brain, due to stroke; or, Periventricular Leukomalacia (PVL), a severe damage to the brain cells due to lack of oxygen, which may be caused by (in reference to the mother) premature birth, very low blood pressure, use of illegal drugs or infection.

Quite obviously, some pregnant women either do not have the willingness, or the proper knowledge on how, to care for themselves and their baby. But this can be easily corrected by doctors through correct information and proper treatment, that is, if they genuinely care for the safety of both mother and child. According to the website of these Massachusetts personal injury attorneys, any harm the mother or her child are subjected to due to a doctor’s acts of negligence can have legal implications which doctors will need to face and answer to. This is because the doctor’s responsibility is to perform his or her tasks safely and without causing harm to the patients.

By identifying negligent medical professionals, courts could be able to act and decide fast for the victims’ benefit, especially with concern to compensation for damages they and their families are, and will be, able to pursue.

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Driver Error – One of the Major Causes of Car Accidents

Mar 08

The consequences of car accidents vary, from a simple damage to a fender to total car wreck, which can very well injure the driver severely or leave him/her dead. A car accident, however, can be prevented, if a driver would only choose to remain consciously focused on the road and strictly observe traffic safety rules.

Studies conducted by the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) show that so many drivers become more reckless than careful the moment they sit behind the wheel. So that, in the event of car defect, recklessness compounds the situation and the risk of an accident.

Driver error, more than mechanical malfunction, bad weather and poor road condition, remain to be one of the top causes of motor vehicle accidents in the US, though. And while some errors, like failure to observe and follow traffic signs and signals can easily result to legal liability, there are those that can be held as criminal offenses, such as DUI/DWI or the intent of causing others harm.

Other errors drivers are guilty of (which have been identified by the NHTSA) include: speeding; driving too slowly; following too closely or tailgating; making dangerous maneuvers, like dangerous turns or unsafe passing; failure to yield;  failure to fix broken car parts; failure to use signal lights or headlights; right-of-way violations; beating the red light; improper overtaking, and so forth.

In its website, the Oklahoma City-based Abel Law Firm refers to studies which report that 81% of the total car accidents in the US annually are due to driver negligence. Car accident victims should know that, under the law, they are given the right to file claims for damages against the liable party for all the financial burdens their injury will entail, such as costly medical treatment and lost wages due to missed days at work.

A claims lawsuit can be a very difficult and lengthy process, however, so having a highly qualified personal injury lawyer would be more of a necessity than not. Besides being able to help victims understand more their right, a good lawyer can also effectively represent them in court to help them earn the compensation that they legally deserve.

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