Above The Law

Medical Malpractice Lawyers – You Never Know When You May Need One

Medical malpractice occurs when a health care provider who by an action or omission deviates from the accepted norms of practice in medicine leading to injury/ death to a patient.

Many deaths occur due to medical malpractice. A health care provider is not just the doctor or the surgeon but includes nurses, dentists, therapists, hospitals, clinics etc. Medical malpractice law is derived from the general negligence law.

Various laws have evolved in the US, England, Australia and other countries, which are similar in concept for control of medical malpractice.

Claims are made for negligence, misdiagnosis, improper medication etc. Claims can even be made where informed consent of the patient is taken. Claims can also be made against corporations, hospitals, clinics for the mistake of their employees based on vicarious liability. The patient has the right to claim economic and non-economic damages.

However in medical malpractice cases, the burden of proof lies with the plaintiff (patient). Hence the patient should hire a good lawyer. Three things have to be proved by the plaintiff:

• The health care provider failed to provide adequate and reasonable care to the patient.

• This failure to provide adequate care to the patient has resulted in damage or loss to the patient.
• The health care provider is liable to pay the damages or loss.

The damages are of two types, compensatory and punitive.

Compensatory damages are of two types economic and non-economic damages.

Economic damages are monetary losses like, medical care, medicines and loss of wages.

These damages can be in the past or future. Non-economic damages are the ones like loss of organ or vision, pain, disfigurement, embarrassment emotional stress etc. Punitive damages are very rarely awarded.
Medical malpractice cases are complicated because when the patient is admitted he is already injured or ill and hence the damage caused by negligent medical care has to be assessed independently of the earlier illness or injury.

A further obstacle in medical malpractice case is that expert witness is to be provided by the plaintiff. Very few doctors are willing to testify against another doctor even when the case of negligent care is clear.

On the other hand the defendant lawyers have a pool of doctors to defend the case of negligent medical care. Usually medical malpractice attorney firms provide expert testimony on the care provided by the health care provider. Some medical malpractice lawyer firms provide free case evaluation and take medical malpractice cases on contingent basis that is until the firm wins the case for the client, the client need not pay for the services of the lawyers.

In medical malpractice cases it is vital to obtain the medical records as early as possible by the patient or his representative.

Most healthcare providers take medical malpractice insurance. There has been an ongoing debate by doctors and their medical malpractice insurance companies against excessive jury awards. Generally insurance companies rarely go to trial where large penalties are involved. However it must be remembered that the insurance companies and health care providers are willing to fight it out against spurious medical malpractice claims. The procedure for filing a medical malpractice claim varies from state to state.

Spouses seeking dissolution of marriage who search online sites for do-it-yourself divorce kits sometimes end up with papers courts reject, or sign divorce papers that give up more than they intended. At oklahomadivorceforms.org divorcing spouses can get the help of an attorney without the cost of legal representation in a contested divorce. An attorney can draft divorce papers and even file divorce papers without requiring a person to retain the attorney for legal counsel.

October 15, 2013 at 7:52 am

Online Identity Theft Protection

Identity theft crimes are not new, but they have become more persuasive in the past decade. One of the most insidious forms of white-collar crime, identity theft is a federal offense under the Identity Theft and Assumption Deterrence Act. It occurs when someone deliberately assumes an individual’s personal identity to impersonate that person in a legal sense. Stealing someone’s identity enables the thief to make a frightening number of financial and personal transactions in someone else’s name, leaving the victim responsible for what might turn out to be a mind-boggling turmoil in his or her life.

Someone once said, “The devil is in the details, and the truth lies somewhere in between”. Details such as your name, age, sex, physical description, mailing address, Social Security, and driver license number are everything a swindler needs to create your shadow identity, enabling him to buy merchandise, take loans and make other financial transactions, while you get stuck with the bad credit. The old X-Files motto “Trust No One” is especially meaningful for identity theft protection on the web. You must learn to depend on yourself for identity theft protection and minimize your risk by performing the following tasks:

a) Memorize your passwords. This is the most basic requirement for identity theft protection. Never write down personal identification numbers (PINs) or passwords. Do not use your Social Security number or any such easy-to-guess combinations. Avoid using the same password for different accounts.

b) Effective identity theft protection is now a necessary part of doing business on the web. Therefore, when ordering online, it is preferable to use PayPal, instead of credit or debit cards, because of the propinquity with which these cards give an imposter access to the cash in your bank account.

c) Another good practice for identity theft protection delineates that before purchasing online make sure that the site has a secure server. Secure pages begin with https instead of http, with a picture of a lock appearing in the lower right status bar. To verify the name of the server that appears on the digital certificate, double-click the lock icon, and then check the name that appears next to “Issued to”, if the name appearing next to “Issued to” is different from the name of the site that you thought provides the page, close the browser to leave the site.

October 1, 2013 at 7:51 am

Why Get a Solicitor for a Personal Injury Claim?

The increasing number of registered and unregistered motor vehicles is seen as the culprit behind the increasing number of vehicular accidents in any given country. The operation of more motor vehicles has surely given rise to vehicular accidents involving personal injuries and even loss of lives.

Some people who are victims of hit and run are left to fend for themselves by negligent and irresponsible drivers. Other who have become victims of motor vehicle accidents even shoulder their own hospital bills for the personal injury they suffer as a result of the accident.

Because of this, everyone should be vigilant of his legal rights to claim damages a result of personal injury suffered due to motor vehicle accidents. To guard and practice such rights, victims of motor vehicle accidents should confer with personal injury solicitors as to their right to recover personal injury payments.

Personal injury claims from an accident involving a motor vehicle can be successfully filed and claimed by an experienced personal injury solicitor who will guide the victim from the filing of the claim up to the claim and even up to settlement or litigation if needed.

The amount of personal injury claim that an accident victim can ask for depends on the type and seriousness of the personal injury he has suffered. The amount of a personal injury claim can be greater if the injury suffered by the victim as a result of the car accident is so serious that he can not work for several months. Personal injury claims can also include the medical bills he has spent or will spend for the personal injury he suffered, the medical maintenance he has to go through while recuperating from the accident and even the psychological support necessary for the victim after the accident.

If you are concerned with the exact or estimated amount you can pin on personal injury claims then it is best to confer with a personal in jury who is more experienced and well versed about these matters. The personal injury lawyer will help you get the maximum amount you deserve for your personal injury claim. He will also advise you on the other claims that you can file provided it is a result of the car accident.

If you can no longer drive your car as it has to be repaired for several months then the personal injury solicitor can help you get a replacement fast. He can also help you get compensation for the pain and distress you have suffered as a result of the accident.

Does not worry about the cost of getting a personal injury solicitor because you will not pay him from you own pockets or from the settlement you will receive later on. The legal fess will be shouldered by the insurance company of the person who caused the accident.

FairTips.Org supports and highly recommends the services of the number one criminal attorney Michigan attorney Daniel J. Blank. For more information about his expertise and overwhelming skills, visit http://www.criminal-attorney-michigan.com/ today.

September 15, 2013 at 7:53 am
Page 1 of 3212345...102030...Last »