If you have suffered from medical malpractice, you need a lawyer with experience. The onus of your case is to prove that the dentist acted in an unreasonable manner in your treatment. Your case will have to be about more than short-term pain or discomfort; perhaps you had to have emergency surgery to correct a mistake or you missed significant periods of work. In any case, consultation with a law firm experienced in medical and dental malpractice is essential to ensure success in your legal pursuits. Look for firms with litigation and settlement experience; you deserve the very best representation if you have suffered. The due diligence you do before going to court helps you get what you deserve.
Malpractice Happens More Than You Might Think
Humans make mistakes. However, when doctors are entrusted with patients’ lives they must uphold the appropriate standard of care. It is no excuse for a doctor to practice careless medicine and simply defend by saying, “everyone makes mistakes.”
When visiting a medical professional, you expect the best care to be provided without the worry of mistakes which may lead to injury or complications. Unfortunately, this is not always the case. When doctor negligence causes injury, medical malpractice litigation may be necessary to obtain justice for you and your family.
Proximate Cause: A Quick Glance
In a professional malpractice case, the plaintiff must be able to show proximate cause. In other words, the injury or damage was the result of the act or omission of the defendant. Usually the cause of the damages is clear.
Skiing and Snowboarding Lawsuits
Skiing has been a winter recreation for as long as someone decided to strap a couple of boards to their feet and head downhill. With the rising popularity in snowboarding during the past decade or so, injuries, and personal injury lawsuits, have been on the rise as well.
Amusement Park Litigation
While visiting an amusement park, the last thing on your mind should be your personal safety. We all assume that a place designed to entertain and provide lasting memories would be void of hazards or dangers that might create injuries.
Boating Accident Claims
Accidents occurring on land are usually governed by state law, but those that occur at sea or on international waters are often governed by special maritime laws.
When to Sue for School Negligence
Most parents would do anything to protect their children. Ensuring that children receive the proper care and attention while they are at school should be a priority.
Win Your Personal Injury Claim
Making a personal injury claim is an emotional and difficult process. In addition to compensation for medical costs, property damage, and loss of income, there are costs associated with pain and suffering, distress, and family conflict.
Why You Need an Attorney
Car accidents with injuries are all too common. If a negligent driver causes you bodily harm, you have rights. Hiring an attorney can protect those rights. Why do you need an attorney?
Medical-Malpractice Battle Gets Personal
There are 73,084 working lawyers in Texas. Selina Leewright never thought that being married to one would cost her her job.
Patients’ Rights Left Out of Malpractice Debate
As doctors and lawyers battle over a proposed cap on medical malpractice awards, the people affected – patients – often remain in the dark about what happened to them and why.
NHTSA Rolls Over for the Auto Industry
Under the Transportation Equity Act of 2005 (Public Law No. 109-59), Congress directed the National Highway Traffic Safety Administration (NHTSA) to establish rules to reduce deaths and injuries caused by vehicle rollover accidents and to specifically propose a new standard for how strong a vehicle’s roof must be.
Orlando Personal Injury Lawyers Enforce Florida Nursing Home Residents Rights
All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement.
Medical Errors in America’s Hospitals–Should Patients Be Told When They Occur?
We know that medical errors cause significant suffering and cost. If your medical treatment includes an error, you should be informed, but many hospitals still try to mask their mistakes.
Trucks Involved Heavily in Highway Injuries and Deaths
The National Highway and Transportation Safety Administration (NHTSA) reports that 10,657 people have been killed in truck-related accidents in the United States over the past two calendar years.
Car Accident Investigations and Financial Recovery
You have been in a car accident with serious injuries. In these cases, the investigation includes the drivers, their vehicles, the roadway, and other environmental factors including weather and visibility.
Headache & Post-Concussion Syndrome Following Your Auto Accident
If you have been in a car accident, you are at risk for post-concussion syndrome (PCS). PCS is a pattern of symptoms that follow cranial impact or whiplash incidents.
Air Bag Dangers to Children
Although air bags can save lives, they also can cause serious injury or death, especially to children. Over recent years, many infants and children have been killed in low or moderate speed crashes by the deployment of air bags.
Insurance Company Denies Your Claim-Now What?
How did you feel when your insurance company rejected your claim after you had faithfully paid its premiums? Did it make you angry? Did you struggle to find a solution? Or did you just give up?
If you drive or own a car, chances are you have shopped for car insurance. However, the laws surrounding automobile insurance are confusing to many customers.
Florida state residents are not required to have insurance for their motorcycles. Of course, if you are borrowing money to purchase a motorcycle, your lender may require you to carry some insurance, but if you outright own your bike, you are not under any legal obligation to carry insurance.
Medical Malpractice-Removing the Wrong Organs, Surgery on the Wrong Side and Surgery on the Wrong Patients on the Rise…What You Can Do to Protect Your Family
Despite years of patient-safety efforts, an increasing number of health care facilities have reported mistakenly removing the wrong limbs or organs, slicing into the wrong side of bodies and performing surgery on the wrong patients.
Insurance-Are You Really “In Good Hands” with Allstate? Is State Farm Always Your Good Neighbor? Insurance Suit Settled for $92 Million
According to an article published in the “The New Mexico Trial Lawyer” Allstate Insurance Company devised a plan to increase its profits at the expense of its policyholders and those injured by Allstate insureds.
Medical Malpractive-U.S. Hospital Medical Errors Keep Rising-Patients Beware
The number of medical errors leading to “patient safety incidents” rose in U.S. hospitals to 1.24 million between 2002-2004, compared to 1.14 million over the previous three-year period, according to a new study released Monday by the healthcare ratings company HealthGrades.
Rollovers kill more than 10,000 motorists in the United States each year. Studies have found that SUVs have a higher likelihood of rollover than other vehicles. However, the good news is that progress has been made and you can feel safer in choosing an SUV as your family vehicle.
Smoke Alarms-Is Your Family Protected
Smoke detectors, when properly installed and maintained, are the best way to keep your family safe from a fire in your home. However, not all alarms are the same. In fact, there two basic types of detector: ionization and photoelectric.
Accident Avoidance – Protecting Young Drivers
Traffic accidents are the leading cause of death for teenagers across the United States, killing upwards of 6,000 children between the ages of 16 and 20 every year. The reasons behind these tragedies are varied, but often include lack of skill, risk-taking, distractions, driving with passengers, and driving at night.
Medication Errors Continue to Plague Patients
Medical errors and infections contribute to more than 99,000 deaths annually, in US alone as per the Institute of Medicine’s landmark report published a decade ago. In a recent update, death toll is reported to be approximately 155,000 deaths per year.
Auto Insurance Claims
Every year millions of consumers file claims with their insurance agents and insurance companies. Not every claim needs to be filed by a lawyer. However, you should have a basic understanding of the claims process.
The Florida Medical Association distributed a waiver form demanding that patients waive their legal rights before being treated for their ailments.
Sinus Surgery Patients Should Not Suffer Eye Injury
Plagued by years of sinus congestion, our client agreed to have a local Ear, Nose and Throat specialist perform endoscopic sinus surgery. The surgery is performed using an endoscope or tiny telescope with a camera on the end that is inserted in the nose to permit visualization of the sinus cavities.
Doctors Avoid Responsibility for Malpractice
Many doctors have decided that patients should have no right to hold them accountable for even blatant malpractice. Dr. Jacques Farkas appears to be such a doctor. During a back operation, he failed to protect his patient’s spinal nerves.
Hospitals Violate Law on Reporting Errors
Florida hospitals are routinely violating a state law that requires them to report serious errors, according to a study on patient safety.
Federal Agency Puts Safety of Traveling Public at Risk
The National Highway Transportation Safety Administration (NHTSA) was established by the Highway Safety Act of 1970 and is dedicated to achieving the highest standards of excellence in motor vehicle and highway safety. However, the agency is often caught up in politics.
Food Poisoning & Food Contamination – Protect Your Family
Food safety experts estimate that 1 in 6 adult Americans contract food poisoning each year. In 2011, there were close to 128,000 hospitalizations and 3,000 deaths related to food-borne diseases.
Wrongful Termination Lawsuits
While many stipulations of employment are “at will” , sometimes a wrongful termination lawsuit is possible under certain conditions or circumstances. It is important to know what qualifies when pursuing legal recourse.
How Insurance Companies Determine the Worth of a Personal Injury Claim
Determining how much your injuries are worth after an accident are perhaps the most important part of a personal injury claim. It could also be argued that is usually the most difficult aspect of a claim to figure out, as many factors must be looked at and considered on a case by case basis.
Just How Common is Medical Malpractice?
Medical malpractice is more common than you might think. Before getting into some statistics however, we should clarify what medical malpractice is. Medical malpractice is professional negligence by a doctor or health care provider.
Should the Federal Government Intervene in Medical Malpractice Suits?
Medical malpractice reform continues to be a topic of interest among healthcare professionals, insurance companies, and the legal community. Individuals in support of these reforms suggest that they would not only assist in controlling costs, but also improve health professional’s practices.
Missouri Reintroduces Medical Malpractice Caps
In 2005, Missouri enacted a cap on awards for non-economic damages stemming from medical malpractice lawsuits. That cap was deemed unconstitutional in 2012 by the Missouri Supreme Court, but on Thursday, March 28, 2013, the Missouri House put the cap of $350,000 back into the legislative process.
Medicare Beneficiaries Encounter Difficulties in Personal Injury Cases
Unfortunately, some beneficiaries of Medicare are finding themselves in difficult situations, as the money they thought they would be receiving from a personal injury case are sometimes going to the Federal Centers for Medicare and Medicaid Services.
When Medical Malpractice Suit is the Right Answer
If you have experienced harm as a result of medical care, a medical malpractice suit may be in order. As expert malpractice lawyers throughout the United States acknowledge, there are several characteristics a medical malpractice claim must possess in order to be successful.
Nine Steps to Take After a Car Accident
A car accident is an extremely hectic time – people are nervous, disoriented or even angry. Because of these difficult circumstances, it’s important to remember these steps to ensure you don’t create an even larger headache for yourself in the future.
Hospital Care: Do Your Research
A necessary component of your own personal health plan is to know about the hospitals in your area. Unfortunately, not all hospitals offer the same levels of service or patient experience.
Misdiagnosis and Medical Malpractice
Medical malpractice can take a variety of forms, but commonly stems from misdiagnosis. Misdiagnosis or delayed diagnosis leads to incorrect or mistimed treatment. In the extreme, this failure can lead to death.
The Real Costs of Medical Malpractice
For most, cost is a big concern when pursuing a legal action. When it comes medical malpractice suits the costs and complexities require the hiring of an experienced attorney. Unlike a simple auto claim where you might consider going it alone – medical malpractice is a totally different matter.
Medical Malpractice, Demystified
Quality healthcare is something that every American desires, but it isn’t as cut-and-dry as making it to the hospital in time for treatment. More than one million preventable patient-safety incidents occur every year under the watch of certified healthcare professionals.
Hospital Stays: Be Your Own Advocate
Visits to a hospital are serious events. You need medical care and you are in the hands of strangers. It is critical that you are involved with your health care. You should do proper pre-planning before your hospital visit, but once you are in the hospital be sure to follow these guidelines to advocate for the best care.
Who to Sue in Medical Malpractice Cases
Doctors and nurses may not be the only parties responsible in cases of medical malpractice which occur in a hospital or health care facility where you received treatment. If you were injured as a result of hospital negligence or negligence by a hospital employee, your medical malpractice case may also include the hospital.
Hospital Visits: Pre-Planning is Key
Hospital visits, no matter how minor, are stressful. You are reliant on strangers to help and heal you. The best way to minimize stress and increase the likelihood of a positive experience is to plan appropriately.
Healthcare Improvements: Communication and Sharing is Key
The health care community is focused on providing the best care in all clinical settings. Unfortunately, despite good intentions, even experienced professionals make errors.
Covering All of Your Bases After an Accident
Whether it’s a minor fender bender, or a major collision, about 6 million Americans are involved in automobile collisions annually. So, what can you do to ensure you get the proper care and attention you need without jeopardizing your car insurance claim?
Filing a Claim for Bodily Injury
Accidents happen, but that doesn’t mean you should suffer the consequences for the following years. Being aware of the right precautions in filing a bodily injury claim will help you obtain just compensation for any damages you experience.
Do’s and Dont’s After an Accident
According to the National Highway Traffic Safety Commission there were 2.24 million car crashes with injuries in 2010. That is a very big number and if we were to add the total number of car crashes without injuries the number would be much higher.
How to Sue for Accidental Injury
If you seek aid for injury, illness or disease and are hurt during treatment, who do you go to, in order to seek reparations? The nurse? The doctor-in-charge? The hospital? Malpractice laws vary from state to state and are nothing but complicated.
Take the Right Steps When Filing a Medical Malpractice Claim
There are plenty of hoops to jump through when it comes to medical malpractice. To make the decision of whether or not you should file a little bit easier, we have compiled the five steps you need to take before you move forward with your case.
Distracted Driving Costs
The National Highway Traffic Safety Administration (NHTSA) has statistics which indicate that hundreds of thousands of people are injured and thousands are killed each year due to a distracted driver.
When to File a Medical Malpractice Lawsuit
It’s never an easy task to file a medical malpractice lawsuit. As most of these cases are complicated and difficult to prosecute, it’s best to know some basics in advance before you move forward with the courts.
Get Out and Stay Out
Hospitals are the places you go when you are in a life or death situation. And they do an excellent job saving lives. Unfortunately over 2 million people return to the hospital within 30 days because they are not taking charge of their health.
Hit & Run Never Leave the Scene of an Accident
Car accidents upset most everyone, but the situation is worse when the accident is a hit and run. Hit and run accidents occur when a person involved in an accident leaves the scene without stopping their vehicle.
Personal Injury Compensation After an Accident
Though we never want them to, accidents happen. By taking the right steps after an accident takes place, you can increase the likelihood that you will be compensated for your damages, and get the most out of your injury claim.
What to Do in Case of an Accident
At some point in our life, most of us will likely be in some kind of car accident. However, many of us don’t know when we need to contact a lawyer. In minor appearing collisions to those involving significant property damage, serious injury can result.
Negligence and Duty of Care
Negligent action can lead to injury. In the legal system, negligence applies in both civil and criminal cases. The concept of negligence can apply in a wide-range of cases including automobile accidents, product liability cases, medical malpractice suits, and many others.
Recovering from a Dog Attack
If you get attacked and bitten by a dog, it is important to take proactive steps to take care of both your health and legal situations. The physical and emotional trauma of an attack takes time to heal.
5 Ways to Sue Over Theme Park Injuries
Theme parks can be a great way to spend a summer day with your family, and they can provide a lot of fun with all of their various attractions and rides to enjoy. However, they can also be quite dangerous, and injuries from slips, falls, and water hazards are quite common.
Slip and Fall Accidents
Each year thousands of people injure themselves through an accidental slip and fall. These falls, often serious in nature, are sometimes the responsibility of the property owner where the accident occurred.
Finding the Right Personal Injury Lawyer
Often times when people are faced with an injury caused by someone else, they may not be fairly compensated. That’s why it’s best to have an experienced personal injury lawyer who knows how to build a solid case or framework around the injury.
Accidents: A Fact of Life
Accidents are a common fact of life. If the accident is the result of someone’s negligence or faulty equipment, you may have the foundations of a personal injury law suit. However, if you are in any kind of accident, your first action is to seek proper medical attention.
Selecting a Personal Injury Lawyer
If you find yourself in a situation in which you need to hire a personal injury lawyer, be sure to select one who will work for you and get the best results. In order to evaluate an attorney, be prepared to ask direct questions, including the following:
Medical Malpractice: Common Errors
Medical malpractice is an unfortunate reality in our world. To constitute medical malpractice there must be negligence. That means that the treatment provided does not satisfy what is expected by reasonably careful doctors or similar healthcare providers under the circumstances.
Malpractice in the Digital Age
n case you just returned from a decade long sabbatical in a cave in the mountains, you are most likely aware that we live in the age of digital information, social media and electronic communications.
Bad Neighbors Cost You Money
Most Americans share a common situation. We all have neighbors. Living next to others is often the foundation of lifelong friendships and a strong community. However, neighbors can also be annoying, troublesome, or downright scary.
Medical Malpractice Model Draws Attention at Conference
This past November at the 2013 State Legislature Conference in Broomfield, Colorado, a new model of the “patients’ compensation system” took center stage. The approach, which has been introduced as a bill in the Georgia legislature, addresses issues with the current malpractice system.
Jack Hall owned a company with his two sons. They hired Russell Scudder as a chief operating officer, but when his performance became a danger to the company, Hall sought legal help from a defendant Wayne Judge so he could terminate Scudder.
Troubling Products and Strict Liability
Defective products can cause detrimental damage to unsuspecting consumers. In a perfect world, everything works well. Often times, though, that’s hardly the case. Manufacturers will build products that can cause harm or even death though it is never the manufacturer’s’ intention to hurt its consumer.
Nursing Neglect: Lawsuit Pending
It is never easy to have to make the choice to place a loved one in a nursing home. Should it become necessary, you expect your aging family member to receive nothing but the best in treatment and care.
Defamation and the Right to Sue
Mutahi Ngunyi, a former Nation columnist and political analyst, openly stated that he planned to sue the Sunday Standard for defamation of his character. The Sunday Standard claimed Ngunyi was one of the advisers who had been misleading President Uhuru Kenyatta.
Renters have certain legal responsibilities as tenants, such as paying rent according to the lease agreement. Likewise, landlords have specific responsibilities to their tenants. These responsibilities range from proper maintenance of property to timely response to inquiries to legal storage of a tenant’s security deposit.
Litigation Helps Reform
Conventional wisdom has held that medical malpractice litigation compromises patient safety by preventing the transparency necessary to identify and learn from medical errors when they occur. While hospitals and health care providers historically took an adversarial and secretive approach to lawsuits and error, this situation is changing.
False Practitioners Beware – Laser Hair Law on Rise
Laser hair removal in the U.S. has trended into that of a common procedure since its early advertising days 20 years back. So popular in fact, that many entrepreneurs aren’t even using professional physicians to perform the surgery.
Tobacco Litigation Has Changed
Smokers, families of smokers and the government have been bringing suits against tobacco companies under different conditions for many years, but there have been changes in the approach as decades have passed.
If you entrust a lawyer with legal situation, you expect them to do the best job possible. However, in some cases, lawyers make your legal situation worse. In these rare cases, some people consider suing their lawyer for malpractice.
Dental Malpractice: When Time in the Chair Goes Awry
Going to the dentist is often an upsetting and nerve-wracking experience. Whether it is fear of cavities, reliving past trauma, or simply the uncomfortable nature of someone poking around in your mouth, few of us look forward to our dental visits.
Bedbugs: You Got the Itch, but Who is Liable
Few things for a tenant are more discomforting than bedbugs. However, at what point are bedbugs, and their extermination, the responsibility of the landlord and at what point are they in the purview of a neighbor or tenant?
What exactly is psychiatric malpractice? We may consider the definition to be any scenario where a patient experiences unfair or unjust treatment by a psychiatrist, but it’s not quite that simple.
Product Liability: Chain of Distribution
Under product liability law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public hold responsibility for the injuries those products cause.
Hit & Run: Never Leave the Scene
The immediate steps you take after an accident can both help in the resolution of insurance and legal obligations as well as even save lives.
A Quick Guide on How the Law Defines Emotional Distress
How you define emotional distress may be different than how the law defines it. Typically, most cases defined as emotional distress have to have some kind of physical harm or the threat of potential physical harm.
The Details of a Breach of Confidence
Breach of confidence is a kind of civil wrong in which a person experiences harm via the unauthorized release of their confidential information. Legal action can be taken in such circumstances and the amount awarded to the plaintiff is dependent upon the level of harm experienced and the circumstances of the breach.
Fighting the HOA
Homeowner associations are common governing bodies for many communities around the nation. Whether the neighborhood is comprised of stick-built homes, or a condominium community, these associations, often referred to as an HOA, may be difficult to bring suit against under normal circumstances.