Reasons for Medical Lawsuits

Nov 18

Medical errors has long been known to be one of the leading causes of preventable deaths in the United States, with reports from 1999 (To Err is Human, Institute of Medicine) revealing a serious problem and sprung changes in policy and health care. However even today, the percentage of patients who die from medical malpractice or medical errors have increased to as many as four times, with medical errors being the third leading cause of death in the US following cancer and heart disease. It is believed that IOM had very limited detailed information in estimating the magnitude of medical errors in hospitals.

According to the website of Crowe & Mulvey, LLP, medical errors can take place in many forms: leftover sponge inside the patient’s body after surgery, wrong medication or dosage given to the patient, unclean medical tools of equipment that caused infection or contamination, or doctor errors. Presently, these types of errors are already causing 1,000 deaths a day in America. Despite these facts, hospital industry leader say it may be very difficult to lower the number, mainly because of the complexity of hospitals and the already very sick patients that go there.

It may even be more discouraging to know that aside from these medical errors being completely preventable, the expenses for the additional health complications that they cause are paid by the patients themselves. Law firm Williams Kherkher explains on its website that patients do have a right to file for a medical malpractice lawsuit against the hospital employee who caused the injury as long as the injury or death is directly caused by the medical errors and that there is evidence to prove the claim, but these types of cases often require strong evidence and testimonies. Likewise, there’s also a cap on the amount of compensation that the patient can receive. Such is the case with Risperdal lawsuits, where patients developed severe side effects such as heart attacks, tardive dyskinesia, and gynecomastia due to it being used for unapproved illnesses. Experts believe that the only way to prevent such medical errors from causing preventable death is by strictly ensuring the hospital compliance to rules and to have fully functioning health care systems.

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Preventing Workplace Injuries with Pre-Hire Testing

Nov 14

A functional capacity assessment (FCA) helps determine a person’s present functional capacity and ability to perform certain tasks, particularly those that are directly related to their present job. It essentially evaluates a person’ ability to engage in a certain work, though other evaluations could cover for instrumental everyday activities that support the work performance. The process of functional capacity assessment measures the person’s health status and body functions and build to the needs of the work and the environment, and present tests also evaluate the person’s mental and psychological levels if they are needed.

A worker who has been injured following a workplace accident can return to work after they have taken the FCA. It is important to take the FCA before going back to work because it will ensure that you are fit to come to work, and possibly assist and train possible upgrades if necessary. The FCA can be used an inherent part of the return to work (RTW) plan.

Those who have been injured in a workplace accident can be covered by their workers’ compensation. Every state has their own rules regarding workers’ compensation, and companies are generally required to carry them in case of workplace accidents. If you have issues regarding the awarding of worker’s compensation, it would good to consult with a Delaware workers’ compensation lawyer to know your options. If your employer refuses to pay for worker’s compensation, you have the option of filing for a personal injury claim but this will forfeit your right to worker’s compensation. Make sure you talk with your lawyer and discuss your options clearly to avoid further problems with your company.

The functional capacity assessment can help an injured worker in a number of ways. Aside from being a proof of being able to return to work, it can also help in possible employment and work options if you have been determine to be unable to return to your former work due to injury restrictions.

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Qualifying for Social Security after a Debilitating Injury

Nov 13

If a car accident has left you with personal injuries serious enough to prevent you from going back to work, you may have a chance to qualify for a Social Security Disability (SSD) benefit. There are qualifications that you need to know and pass in order to receive SSD benefits. Talking with a Chicago Social Security lawyer can help you understand what these requirements are and how you can apply for such benefits. They can also help determine whether you qualify or not.

One such instance where a car accident injury can qualify for SSD benefits is suffering from bone fractures. Although most bone fractures heal without causing permanent or lasting injuries, there are some can cause complications that can prevent you from going to work. There are two ways that can make your bone fracture injury qualify for a SSD benefit: 1) prove that the injury does meet or equal the specifications detailed in the listing of the Social Security book, or 2) if your do not equal or meet the listing, you can show proof that the injury is severe enough to render you unable to work.

The disability should not only prevent you from performing your former occupation, but it should also limit you from performing other types of occupation you have done in the past and could possibly perform in the future. Additionally, although the disability is not necessarily permanent, to be able to qualify the injury should be severe enough to prevent you from working in the next twelve months or less. It might be helpful to talk with your doctor to determine when you could return for work, or the status and severity of your injury. Additionally, make sure to add information regarding the tasks or duties that come with your work in order to help prove how the injury can affect your employment. Lastly, discus with your Houston personal injury lawyer or Social Security lawyer about your medical and work history so that they can be considered and checked how they would affect your disability application.

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The Probate Process

Nov 10

Probate can have a number of definitions: it can mean presenting the will to a court officer for filing purposes. But generally, it refers to the legal process by which your estate is administered and managed after your death. It is the legal process by which the court proved the validity or invalidity of the deceased person’s will. It involved collecting the assets, liquidating the liabilities, spaying for the necessary taxes, and distributing the property of the deceased person to the respective heirs.

Probate litigation is under the state law. A will is generally not viewed as legal if it was not probated – once the will have been probated, nobody has the right to suppress it. It is the deceased person’s personal representative or legal lawyer who will produce the will, and penalties will be given for concealing or destroying the will, or if it was not produced during a specified time.

A probate of a will can be disputed or opposed – it may be because it did not follow the requirements states by the law, or there is evidence of the deceased person’s incapacity during the making of the will, or if any evidence is presented of the nonexistence of an authentic will. External validity is the only factor that can contest a will, such as the fraud, mistakes or errors, lack of intent that would render the will valid, failure of due execution, or undue influence. The will can only be contested by a person who has an interest and can be affected by the probate, and it is the duty of the personal representative to defend the will when it is contested and to give their best effort to defend it if they believe it is valid.

According to Keystone Law Group, P.C., although there is no constitutional right to trial by jury for contesting a will, a person can have a right to jury in a contested will through state statutes. It is important to know whether your state permits this type of trial, and make sure that the argument is filed according to the time limitations stated by the law.

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What is a Certificate of Financial Responsibility?

Nov 09

Despite being known by the general public as “insurance”, the SR-22 is not really one. The SR-22, also known as the Certificate of Financial Responsibility (CFR), is a certificate or verification filed by your car insurance to your state as proof that you have coverage. This will be requested from you after you have committed certain violations or a succession on them. When you have insurance and are required by the court to carry an SR-22, it will then be added to your policy, while those who are uninsured will be quoted for a policy with the additional SR-22.

The cost of an SR-22 would vary according to each state, but it would generally be around $25, and for uninsured drivers that fee will be included in the Progressive quote given to you by your car insurance provider. Being required to carry an SR-22 would also mean you are required to carry car insurance, and purchasing one will depend on several factors that insurance companies check to rate which policy will suit you. As Insure on the Spot indicates on its website, many other car insurance companies consider drivers with SR-22 are being riskier clients and would therefore increase their rates in order to reflect this risk.

Contrary to what most people believe, SR-22 does not really last very long. Depending on your state, it may only take three years to clear your record along with any other traffic violation related to the SR-22. During the three years, you will have to continue your coverage, and in the event of insurance lapse or cancellation your license may be suspended following a report made by your insurance company to the DMV. It is always best to avoid carrying SR-22. Make sure to avoid drinking and driving, since DUI/DWI are the most common reasons for SR-22. Also, make sure you have car insurance, since it already proves you are financially responsible. Lastly, make sure to drive safely. Causing even a minor traffic violation can affect your insurance premium.

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Protections Given to Copyright Holders

Nov 05

Copyright infringement arises when a person other than the copyright holder copies the “expression” of a certain work. When explained further, this means that although the information or the idea behind the work is not protected by law the way it is expressed can be protected, and can occur even when someone does not copy the work in exact detail. If there is significant evidence of the infringing work being “substantially similar” to the original copyrighted work, then there is copyright infringement.

Copyright holders should understand what rights the law provided them over their work. Copyright does not only mean they only have the rights to reproduce their work. According to the website of Gagnon, Peacock & Vereeke, P.C., copyright law provides owners a number of rights, and each of their rights can be sold or assigned individually. If one of these rights is used without the permission of the copyright owner, then copyright infringement is made. Among the many rights of a copyright holder are:

  1. Right to Distribution – gives the owner the right to distribute their work, through sale, rental, lending or lease.
  2. Right to Reproduce the Work – provides the right for owners to copy, transcribe, duplicate, or reproduce their work in any fixed form. If anyone other than the owner reproduce and resells the work without the owner’s expressed permission then copyright infringement is made.
  3. Right to Derivative Works – grants the owner the right to modify their work in order to create a new one. A derivative work is something that is made based on an already existing work made by the copyright owner.
  4. Public Display Right – gives the property owner the right to publicly show a copy of the work through hanging it in public, putting it on a website/film, or other ways of transmitting it to the public. Copyright infringement occurs if someone without the owners’ permission publicly displays the work.
  5. Public Performance Right – the owner’s right to dance, recite, play, act, and show their work to the public of through other mediums of transmission.

If you think someone has committed a copyright infringement regarding your work, then it would be good to consult with a Fort Worth copyright lawyer to help determine your next course of action. You can protect yourself and your work by registering it to the US Copyright Office, and this would allow you to sue anyone who uses or copies your work without your permission.

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