One of the most common forms of medical malpractice is misdiagnosis. This refers to a diagnosis error that can result into delayed treatment, incorrect treatment, or no treatment. This can worsen the patient’s condition, and in the worst cases, the patient even dies.
Not because there is a misdiagnosis there is already a medical malpractice case. The medical world is very complex, and even professionals make errors. They key to a medical malpractice case is the incompetence and negligence of the medical professional and how this has resulted into bodily harm.
According to an informative article from the website of Clawson & Staubes, LLC: Injury Group, medical malpractice claimants must present the following:
- Real relationship between the medical professional and patient
- Duty of care
- A violation in the duty of care, like incompetence and negligence
- Injury as a result of the violation
Incompetence and Negligence
In order to determine whether the medical professional has been competent or not, it is important to look at his work process. Look at what he has done and what he has not done to arrive at a misdiagnosis.
In trying to identify the patient’s problem, the medical professional creates a differential diagnosis list, containing possible problems. The entries of this list are crossed out after several tests and observations prove that they are not the problem. New entries can also make the list, depending on tests, observations, and opinions of other medical professionals.
A medical professional may be seen as incompetent when he does not even have the correct diagnosis in his list, and if another reasonable medical professional would have if put in the same situation. Another sign of incompetence is if he does have the correct diagnosis in his list, but he fails to perform the necessary tests and observations to rule out the other entries of the list and identify the correct diagnosis.
Even if the accused is a competent medical professional, he may still be subject to a medical malpractice because of negligence, like the improper use of diagnostic equipment, improper diagnostic procedure, and misreading lab results.
Millions of accidents occur due to a person’s own carelessness; however, records show that so many more accidents happen due to the negligent act of someone else.
Acting or behaving in ways that will not endanger another person is a fundamental responsibility to every person. Thus, those who choose to act without regard for the safety of others, causing them harm as a result, can very well expect to be recipients of a civil lawsuit, wherein innocent victims (or victims’ families) would have the right to seek and receive compensation from them.
An injury, which is a result of negligence, is called personal injury; it may be physical, emotional or mental. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe (personal) injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death
In the case of wrongful death, the family or dependents of the deceased can file a lawsuit against the liable person or company for the purpose of seeking justice. This legal action or lawsuit is called a wrongful death claim. It is filed for the benefit of the “real parties in interest” or the surviving family members and the decedent’s other dependents. A wrongful death claim is actually a special kind of personal injury lawsuit that is filed for the purpose of seeking compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, and medical and funeral expenses.
According to The Benton Law Firm, it may just be the duty of dependents or family members to bring the the person responsible for the wrongful death of their family member to justice; to hold him or her accountable for whatever wrong he or she has done. Seeking the help of a seasoned wrongful death lawyer for this purpose can be advantageous for the family of the deceased.
Even though there are lots of campaigns were already made, intoxicated driving is still a big problem in the U.S. and it is still one of the major causes of many fatal road accidents. Intoxicated driving basically means that a driver operating a vehicle is either under the influence of alcohol, drugs, or both.
Truck drivers or any drivers with commercial driver’s license (CDL) in most states are required by the Federal Motor Carrier Safety Administration (FMCSA) to have a blood alcohol limit (BAC) of 0.04 percent. Such BAC percentage is lower by half compared to private vehicle drivers because large vehicles like commercial trucks are more dangerous when involved in intoxicated driving accidents. Drivers may not be allowed to operate a truck for four hours after consuming alcohol. The FMCSA may require truck drivers to regularly submit blood alcohol testing after being caught of intoxicated driving. At all times truck drivers should be alert and responsive while behind the wheels, however, if they are under the influence of alcohol, fatal accidents may occur. A driver who consumed substantial amount of alcohol may not immediately react to critical road conditions as their central nervous system is slowed down.
People on the road are also at high risk of sustaining fatal injuries in accidents if truck drivers are under the influence of drugs. Aside from illegal drugs, prescription drugs, and even over-the-counter drugs can cause intoxication mostly if it is taken in great amounts. According to the website of Ausband & Dumont, driving a commercial truck while under the influence of drugs is “exceedingly dangerous and altogether unacceptable.” The driver’s critical thinking and alertness is impaired when intoxicated by drugs. As truck accidents caused by intoxicated drivers are often serious, people who have been victims of such catastrophes may consider filing damage claims against negligent parties.
Surely, there’s not much harm that telling a secret can do, right? Well, there certainly is a lot of damage that one secret can do that could jeopardize an entire institution or government. Employees are usually made to sign non-disclosure agreements in order to protect the information that is passed down within the offices. This can be as harmless as house rules within the company lavatory to trade secrets that could ruin an entire industry overnight.
It is so seriously taken because this is a day and age where the man who holds the information is king. Rome wasn’t built in a day, no, but it could certainly be razed in just one.
So what can you do if you are suspected of colluding with insider trading? Unfortunately, if you are questioned of insider trading then the chances of you having been under heavy scrutiny and investigation for a few months is quite high, according to the website of the lawyers with Cazayoux Ewing. It is then important to remember that you have every right to exercise your constitutional rights to both remain silent and demand legal counsel before you answer to any allegations made against you.
Insider trading is a serious felony, yes, but that doesn’t mean that you have to simply accept accusations against you, especially if there is no firm evidence that is enough to warrant arrest or conviction. Government agents are quite skilled at questions that might seem mundane but could result into potentially incriminating answers, if the person they’re questioning doesn’t understand the way the process of this kind of trial works.
If you or someone you know is currently experiencing allegations of insider trading, it is then recommended that experienced and professional white collar criminal defense attorneys are contacted immediately in order to ensure a fair and just trial.
Vehicular accidents are one of the most pressing issues in America. Any type of car crash has the potential to become extremely devastating for its victims, causing serious injuries and even death. However, this assessment is particularly true for rollover accidents. As pointed out by the National Highway Traffic Safety Administration or NHTSA, the fatality rate for accidents where a vehicle flips over upside down or over to its side is particularly high. Specifically, they note that such accidents usually cause an estimated number of 10,000 deaths annually.
Rollover accidents are a result of stability issues that occur with top-heavy vehicles clearance like SUVs and 4-wheel drives. These types of vehicle are much taller than a regular passenger car. Because they have greater vertical clearance, their center of gravity is also placed much higher. This makes sharp turns and abrupt changes made when driving along narrow roads particularly cumbersome. With a regular passenger car, these movements and lurches won’t be an issue because they are much closer to the ground. However, with SUVs or 4-wheel drives, being farther from the ground can cause them to easily lose stability and tip over completely. On top of that, certain factors can also increase the risk of rollover accidents. Slippery roads and defective tires can make it much harder for drivers to control their vehicles.
While car manufacturers have been installing safety devices to address these issues common in SUVs and 4-wheel drives recently, there is still some cause for concern. For one, individuals driving vehicles that have not been fitted with such devices are still constantly facing the risk of a very devastating accident. Even when passengers are fortunate enough to survive a rollover accident, many Fort Smith car accident attorneys are aware that victims still have to contend with the devastating aftermath of medical expenses, lost wages, and physical and emotional trauma.
A will should go through a process called “probate” in order for it to be considered legally valid, and it is also the procedure how the will is going to be executed. As stated in the American Bar Association, anyone who has something to gain or lose from the will’s probate can be considered as an “interested party’ and can therefore file a petition for the probate of a will. The guidelines regarding the filing for a petition for a probate may differ from state to state and consulting with a lawyer first might be a worthy idea. If you are planning to file for a petition for probate, you should also need to file in the probate court your appointment as an executor. Some lawyers, like the Mokaram firm in Houston, have the professional experience needed to supply you with the help and resources you need.
It is generally understood, however, that the first step is filing the decedent’s will on the probate court at the county in he or she resided. Aside from the will, you should also include any codicils as well as your appointment as executor to the county court. Likewise, you should check whether you are allowed to file if you are not a resident of the state in which the decedent is a citizen of. Next, you should check whether you need to submit an executor’s bond when submitting your petition. This would depend on the practice of the state you are in or if it was requested by the decedent in the will whether sureties are necessary or not.
Make sure you certify that you have indeed sent copies of the petition for probate (and the decedent’s death certificate) to the Division of Medical Assistance. This can be done through certified mail. You have to put into the petition the interested parties, namely: (1) the next of kin and the heirs at law (but don’t mention the beneficiaries written on the will), (2) if there are no heirs at law or if there any bequests of charitable nature then the state attorney general should be listed, (3) when the decedent’s surviving spouse is deemed incompetent or is represented by you, then he or she would need to have a guardian ad litem in order to be listed, (4) when the pretermitted heir has a disability or a minor, then a guardian ad litem is also required, (5) if an interested party is actively serving in the military, then they can be given special provisions that would guarantee their representation. You are then required to send a copy of the court notice of the petition for probate to each of these parties, along with the all the devisees and legatees.
Make sure to indicate that the notice was published and mailed according to the court’s requirements and that you have filed the notice with the county probate court. After no objection to the allowance of the will has been heard from any interested parties, then you can request for the will to be allowed without testimony and it will be approved by court. As stated earlier, rules regarding litigation can vary from each state, thus it would be a wise decision to talk with a lawyer first before proceeding with any filing.
The DePuy Orthopedics has already produced about 200 products, and among them are three hip replacement systems aimed for the younger patients that will fit their dynamic lifestyles. They were made to address the issue of the device failing due to overuse, but the metal-on-metal makeup of the device has caused more health problems. The three hip replacement systems – Pinnacle Hip Replacement System, ASR Hip Resurfacing System, and ASR XL Acetabular System total hip replacement system – has brought about a number of distinct problems due to their design and make.
Among the most common complications of the DePuy metal-on-metal hip replacement systems were infection, metallosis, immobility and dislocation. This has left Johnson & Johnson, the head company of DePuy, to recall some of their hip replacement systems, but the metal-on-metal versions (such as the Pinnacle Hip Replacement System) were simply discontinued but not recalled from the market.
This has prompted many lawsuits to help injured patients to file for lawsuits against the manufacturer for their negligence and disregard for their patients. According to the website of Williams Kherkher, the injuries sustained are even believed to be permanent and could be life-altering for the patient. Because of the additional medical expense, pain and suffering, and diminished quality of life, those who have been patients of the DePuy hip replacement systems have the right to file for medical negligence, defective products or personal injury claim against the manufacturer.
Medical devices should be checked for their safety before being sold in the market to ensure that they are safe to use and will not cause any harm or risks to their patients. It is not only the FDA’s job to check whether the medical device is safe or not, the manufacturer should always put the safety and health of their patients when designing and making their products to avoid complications, especially in the long run.
Despite the approval and implementation of The Patient Protection and Affordable Care Act, more popularly known as the ObamaCare since March of 2010, the cost of health care and health care services is still high. This, in turn, has not done much to reduce the number of people filing for Chapter 7 bankruptcy in order to help eliminate their stacking medical debt.
Under the Chapter 7 bankruptcy, medical debt is considered a non-priority unsecured debt. This would mean that the medical debt is not a perceived priority provided that the trustee is able to make payments to the creditors, and even if only a portion of the debt is paid during the bankruptcy and the discharge is given by the court, the remainder of the debt will be completely wiped out. Fortunately, there is no limit given on the amount of medical debts, but the requirements to qualify you for a Chapter 7 bankruptcy should still be met.
Always remember that the bankruptcy only wipes out the debts that occur during the filing of the bankruptcy. The website of bankruptcy lawyer Erin B. Shank, PC states that any debt acquired after the bankruptcy has been filed will not be considered a part of the ongoing bankruptcy. It is a better option to delay your filing for a bankruptcy if you think there is still a possibility of adding more medical debt to your present debts. However, you must also remember that you have certain limitations on the number of times you will receive a discharge following a bankruptcy filing as stated in the bankruptcy law limits. If you are still continuing your medical treatment and obtaining more debts, it would be a wise decision to delay your bankruptcy filing. Talk with a bankruptcy lawyer to weigh your options and determine which alternative will best work for your situation.
Head and neck injuries are the most common and often deadly injuries that can occur in a rollover car accident. This is the main reason why car manufacturers are required to test out the safety features of their vehicles before putting them out to the market. Unfortunately for the manufacturers of the Ford Explorer, the roof supports were not strong enough to ensure the safety of the passengers inside the vehicle, and combined with the Explorer’s high risks of rollovers, it has lead to a great number of accidents, injuries and even death since its initial release in 1991.
A great majority of SUV crashes are due to rollovers, and because of the substantially poor roof supports they are more likely to cave in and crush. Cars that are lacking the safety of sturdy roofing support beams might be seen as high risk in the event of an accident. This might mean that they could be more pricey to insure. Insurance is a complicated industry though, you can obtain more information about rollover accidents by contacting your local car accident lawyer. The injuries that can occur to the driver and passengers inside a rollover accident that happens in a vehicle with minimal roof safety supports can be extensive, and they also can be life-threatening. Aside from serious head and neck injuries, a driver or their passengers can suffer from spinal cord injuries, paralysis, deep cuts and burns, and broken bones. Evidence has determined that the vehicle manufacturers knew about the dangers of the roof caving in due to poor support, but still sold the vehicle to the market. This makes them accountable to and damages or injuries that the driver or passenger suffers after an accident.
Aside from personal injury claims, the website of Franklin, WI car accident lawyers says that the manufacturer can be held accountable for product defect. This is because despite knowing the defects and weak roof support that their vehicle has, the still sold it to the market. They should be held responsible for their negligence and disregard for their customers’ safety. Various reports and studies have already proven the danger of the Ford Explorer’s roof caving in during a rollover accident. This is the kind of thing the manufacturer should know and inform their customers about the danger that might be in, as well as be held accountable for failing to ensure the safety of their customers.
Pre-employment testing is generally aimed to ensure workplace safety. An effective pre-employment testing and examination can establish whether an applicant is suitable for a certain job or not. Hiring someone unfit for a specific task or job can only increase risks of disease or injury in the workplace, and can even cause harm to others when they get into an accident. Aside from testing the suitability of the applicant for the job, pre-employment testing helps mitigate any issues that may arise after an employee has been in an accident and through physical therapy to determine whether they are still physically fit for their previous job.
Workplace safety is a great concern for all companies, since any type of accident can be costly to the business. Aside from the worker’s compensation that will pay for the damages that the employee has suffered, the accident can take away important working hours and sick leaves that could delay the work and cost the company more money. A serious breach of workplace safety can even lead to long-term disability or death of a valuable employee. In order to limit the risks of such tragedy, pre-employment testing and physical examination should be done before hiring a person to give them a specific task.
There are other ways to prevent workplace injuries aside from implementing pre-employment screenings. It is also important for employers to provide proper orientation on their new employees regarding the implemented safety procedures in the workplace. They should also be provided with the necessary safety gears and protection suitable for the job that they will be doing, and to understand the specific dangers that come along with it. They should know the first thing to do when an emergency occurs in the workplace to limit the injuries and damages that may occur, and have the mandatory rests to ensure fatigue and stress will not cause distraction on the employee. To get the best from the pre-employment testing to prevent workplace injuries, each assessment should be modified to fit the appropriate requirement of a specific job. This will not only benefit the company, but most importantly the employee in the long run.