Three Shocking Facts About Medical Malpractice

Posted by on Dec 2, 2017 in Substituting Your Attorney | 0 comments

An intense medical thriller is at the top of my list of guilty pleasures, and the other night after watching one I was so intrigued by the real-life medical malpractice incidents, that I went down the research rabbit hole to find out how common of an issue this is. I was completely shocked at the statistics and stories out there about malpractice cases and became a bit anxious after reading some of the surprising details about these types of situations in the United States. I have always felt fairly confident when it comes to our healthcare system; however, after looking into it, I have more questions and concerns than I would have anticipated.

  1. Thousands of lives are lost to preventable errors.

Without barely an ounce of effort, I found out that between 44,000 and 98,000 hospital patients die from medical errors that could have been prevented every single year according to the Institute of Medicine.

  1. Many guilty doctors will go unpunished.

Statistics show that compared to the number of lawsuits, the majority of claims will go without disciplinary charges. This means that thousands of doctors who are committing medical negligence are free to repeat the same mistakes with future patients.

  1. One out of every three patients will be subjected to a medical error during their hospital stay.

Long hours, high stress induced by emergencies, fast-paced working environments, and the crucial need for constant focus are all contributing factors to the potential of a mistake happening in the hospital room. When a patient falls victim to a rushed, distracted, or downright negligent doctor, lifelong consequences may occur.

What happens if you are the victim of medical malpractice? It’s one thing to be curious about the subject and start digging around on the Internet, but it’s an entirely different thing to be looking at the problem from the inside out. The questions and fears may feel seemingly endless, especially if you are still physically in pain from the medical error. Considering the statistic mentioned above about practicing healthcare professionals evading discipline, one could imagine the struggle it would be to fight the battle alone. Anyone who has been to the doctor knows it is challenging to understand every procedure, instrument, and predictable outcome, so how can you be sure you didn’t miss a moment in which your doctor made a crucial mistake? It isn’t your responsibility to know medical details, but it may become your responsibility to find a resolution once a mistake is committed.

The laws defining medical malpractice fall under personal injury, meaning you would seek the legal counsel of a personal injury attorney if you feel you have suffered due do to your healthcare provider’s carelessness or negligence. Many personal injury attorneys offer a free consultation that will provide you with an opportunity to discuss the details of your case and determine if filing a lawsuit is the appropriate action.

If you are in the NYC area, there is a firm called Hach & Rose, LLP, that has over a century combined experience and proven results winning malpractice cases that could help. At the very least, you could obtain some legal advice which will provide answers to your questions and guide you in the right direction to pursue action.

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Family Always Comes First

Posted by on Nov 2, 2017 in Child Custody | 0 comments

My family is crazy! But I love them. I’m the oldest of 11 cousins, and we all grew up together. You know family is real when the boys end up wrestling and the girls take sides to get involved, and everyone ends up crying. In the end, we get over it and move on. Time heals all wounds.

You know how every family has that one crazy relative or relatives that usually show up to all the family events? Well, my entire dad’s side of the family is like that. We try to have a good time, but every now and then I feel like I’m going to pick up smoking just to deal with some of their curveballs coming out of left field. Okay, it’s not really that bad, but sometimes they do some kooky stuff. The last time we went to visit my cousins, they were super excited to show us their new “toy”.

I kid you not, these people had installed a lawnmower engine into the body of an old mail truck, spray painted in bright pink, and put solid rubber tires on the thing. Their amusement was unrivaled as they drove over rocks, sticks, and nails, laughing at the ridiculousness of the situation. Twice the truck fell over when they tried to drive up a steep embankment, and they just climbed out and flipped it back over again, laughing hysterically the whole time. I sat in disbelief with my brother in sister, trailing in an old golf cart, watching this unfold by the lake. I was pretty sure someone was going to get hurt or lose a limb, but those crazy kids had a great time while managing to stay safe.

They may be strange to me, but they’re still my family, and I’m just glad I get to see them. My aunt went through a terrible divorce, and my grandparents had to fight for visitation rights with the help of an attorney. It was an ugly battle for us all, but now that it’s over, my family can move on.

I’ve learned a lot from hanging out with my cousins. We all have different backgrounds and varied interests, and it’s almost reassuring to explore someone else’s world perspective knowing that no matter what, you’re still family. Like them or not, we are still related, and that has helped all of us stay close together.

We have big plans for this holiday season, and I’m in charge of frying the turkey. If my turkey ends up in flames and nothing goes right, it might be my turn to be the oddball of the family for a while. My grandma makes the best pies. I’m already looking forward to her pecan pie, but I’m sure I’ll end up having a slice of cherry and pumpkin pie too. If we’re lucky, she’ll also make some of her homemade apple bars, with icing on top. It takes forever to peel those green apples, but it’s totally worth it.

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Why Your Disability Claim May be Rejected or Denied

Posted by on Sep 3, 2017 in Disability | 0 comments

The Social Security Administration (SSA) requires various documentation to prove your disability. The fact is that most cases will be denied, often because there was not enough medical evidence to prove your case. This can force most claimants to go through the disability appeal process. However, if you have a disabling condition, you don’t need to give up on your claim. In these cases, a knowledgeable attorney can advocate for you and assist you through the time-consuming and lengthy process.

There are numerous reasons that your disability claim may be rejected or denied. First, the SSA and Disability Determination Services (DDS) must be able to communicate with you regarding your application. DDS is the agency that determines your medical eligibility for benefits. If SSA cannot find you, your claim can get rejected or denied, so be sure to inform them of any address or phone number changes. If you have a representative assisting you, such as an attorney, to handle your paperwork, it is important to get updates to your attorney.

A second reason you could be denied is that you may earn too much income. There is a term called ‘substantial gainful activity (SGA), and if you are denied due to your income level, this means that your income is above the SGA limit. You can work some when applying for and collecting Social Security Disability Income (SSDI), but not over the SGA limit (which is $1,170 per month in 2017 for nonblind people). This SGA limit amount is adjusted annually, and only work income can be included in this SGA amount.

Third, it may be determined by SSA that your disability won’t last long enough or is not severe enough. To qualify for disability, your impairment needs to last at least 12 months or result in your death. For example, any bone fracture from an acute trauma that may be related to an auto accident may be denied because SSA determined that this injury is not likely to be disabling for twelve months. However, if you have a more severe bone fracture, your case can be reviewed by SSA to determine eligibility for benefits.

Another reason your claim may be rejected or denied may be that you are refusing to cooperate. For example, if you refuse to release your medical records to the SSA, your claim will likely be denied. Or, if you don’t provide the additional information that SSA may be requesting from you, you can get denied as well. In some instance, if medical records are missing or incomplete or if you didn’t have a regular treating physician, the SSA can request that you be examined by an SSA physician. However, if you do have a treating physician, but fail to follow his or her prescribed therapy, you also can be denied disability benefits.

Furthermore, you can get denied disability benefits if a drug addiction or alcoholism is a contributing factor to a disability. Additionally, there are certain conditions that are related to conviction of a crime or imprisonment that can prevent you from getting SSDI benefits.

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What are you breathing?

Posted by on Aug 21, 2017 in Air Filtration | 0 comments

Indoor air pollution is an often overlooked danger that can have serious consequences if ignored. In this article, we are going to look at some of the chemicals or particles that can be floating around in your space, what they can do to your health and some options for preventing or dealing with those types of pollution. Please recognize that this is by no means exhaustive and to be completely sure that you are protected from indoor air pollution, you should seek the professional advice from a licensed air quality expert.

What is in your air?

There are many pollutants that can radiate throughout your living space. Asbestos, Carbon Monoxide, Formaldehyde, Lead, Pesticides, and Radon are all dangerous materials that can seriously harm your health. Most of these have strong, distinct, noticeable smells that will alert you but some, like Carbon Monoxide, are odorless and much harder to detect. Most homes, by city ordinances, are equipped with smoke and carbon monoxide detectors. You should check and make sure your home has these detectors and certify that they are functioning properly. Aside from the aforementioned pollutants, there are much more that are less deadly but more common and still significant. This category includes pollutants like mold, feces, and tobacco smoke. While these smells are encountered more frequently and are definitely weaker, they can pose significant health concerns if you are exposed to them for a considerable period of time.

What can these pollutants do to my health?

These pollutants can have many adverse effects on your health, particularly on your respiratory and circulatory systems. When you inhale unintended chemicals or particles, they can inhibit breathing systems and sometimes enter your bloodstream with potentially catastrophic effects. Immediate effects include things like irritated eyes and nasal passages. Longer-term effects include more serious consequences like diseases and cancer. People with asthma are at particular risk of developing more serious medical conditions and can experience stronger reactions to indoor pollution. Overall, even if the pollutants in your living space are not considered deadly, any pollution can cause significant physical and financial harm if not dealt with promptly.

I’ve discovered indoor air pollution! What now?

First and foremost, you need to deal with the source of the pollution directly. Sources of mold, carbon monoxide, and other pollutants can be identified by indoor air professionals and treated appropriately. Sometimes, there are more widespread issues of indoor pollution that can only be treated with a change in the ventilation system’s architecture or filtering. In this case, you will definitely want to seek the help of a professional air quality company like RoboVent. An air quality company will be able to help you decide the best solutions for your indoor air pollution problems. In some cases, you will simply need to renovate your filtration system with updated technology that can detect and remove many types of pollutants. Some companies even specialize in applications for manufacturing and production processes that may produce significant pollution.

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What to Do After a Car Accident

Posted by on Jun 7, 2017 in Personal Injury, Vehicle Accidents | 0 comments

Car accidents are some of the most financially damaging scenarios today. First, there is the repair costs of destroyed properties. Second, there is the medical costs of possible injuries. Third, there is the lost productivity time because of how the injuries have physically and mentally limited their victims.

The website of Williams Kherkher has enumerated some of the most common reasons why car accidents happen, including distracted driving, driving while fatigued, drunk driving, speeding, and third parties such as dangerous road and weather conditions and mechanical defects.

But at the end of the day, no matter what reason is behind the car accident, it doesn’t change the fact that there are damages involved.

Check for damages

The first thing you should do in the event of a car accident is to check for possible damages, such as physical injuries in yourself and your passengers. Once you have assessed the possible physical injuries, you can now go out of the vehicle and check for other possible damages, such as vehicle damage, public property damage, like in the road or road signs, and if another vehicle is involved, it is also ideal to know whether the vehicle or its occupants have sustained damage or not.

Call local authorities

You may not have a clear idea of what really happened, but since you have already assessed the damages, the next most important thing is to call help, particularly from the local police and fire stations. They are there not just to assist you in the accident area, but also to act as a mediator between you and the other parties involved.

Assess the situation

Get an idea of what really happened, and better if you can take pictures of the accident scene, because these pictures may be handy some time, especially in finding fault if another vehicle has been involved. According to the website of Mazin & Associates, PC, those who have been involved in car accidents, especially those that have occurred because of someone else’s negligence, may have legal options.

Establish communication

Stay in touch with the other parties involved by getting their contact information, such as name, address, phone number, and other relevant details to clearly know their identity so you will be able to track them in case they stay away.

This is also the part where consulting for an attorney and calling your insurance becomes a good idea.

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Why Drivers Drink and Drive

Posted by on Mar 31, 2017 in Drink and Drive | 0 comments

Why Drivers Drink and Drive

Drunk driving is against the law, but there are a lot of drivers out there who still drive while under the influence of alcohol. It is as if they are not aware of the consequences, and how these consequences can change the direction of their lives.

They are too confident

Drunk drivers clearly know that alcohol has negative effects on the body that can compromise their driving capability, but this does not stop them from driving while intoxicated. They are too complacent that nothing bad will happen. In fact, they even want to prove a point by being reckless. They speed and weave through traffic, and one look at the news shows us what can happen because of it.

They are forced to drive

Many drinking sessions are not planned, so it is not uncommon that the drinking group does not have a designated driver, so the individuals in this group are forced to drive home on their own. It is important to have a designated driver that they can trust while they are already under the influence of alcohol. This way, someone who is not intoxicated can take them home safely.

They think they will not be arrested

Driving while drunk is against the law, and jurisdictions and states have their own ways on making sure that this offense is not committed. Increasing police visibility, setting up sobriety check points on strategic locations, prioritizing DUI cases in court, and having awareness and educational programs about drunk driving are just some of them. Without the proper enforcement of the law, drivers become complacent that they will not get caught, increasing their chances of risking drunk driving.

They are not afraid of the penalties

Driving under the influence of alcohol convictions have severe consequences. The fines can reach thousands of dollars. The license suspensions can reach up to 5 years or more. There is also the possibility of jail times, depending on the severity of the offense.

According to the website of Truslow & Truslow, there are legal ways to defend DUI charges. The fact that these charges can be defended or dismissed may make drivers more confident in drunk driving, or their drunk nature make them overlook the severity of the consequences.

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How To File A Hit And Run Accident Claim

Posted by on Oct 15, 2016 in Vehicle Accidents | 0 comments

Car accidents can happen any time. For some people, the first thing that will come to their mind is to leave the scene of the crime. However, doing so may likely put you in hot water and may result to serious legal ramifications. Running away from the scene of an accident is called hit and run. In some states, collision with an animal is also called “hit and run.”

In majority of the states, it does not matter whether you caused the accident or not. The only exception to the hit and run rule is when you need to access emergency assistance provided that you immediately return to the scene of the accident. In some states, hit and run accidents need not happen on the highway or public road but can happen even in the parking lot. Let us say that you accidentally bumped into an unoccupied car and did not leave your contact information that is hit and run.

According to the website of LaMarca Law Group P.C., a hit and run accident can have fatal consequences on the victims involved. Such accidents may result to hospitalization, loss of income, physical harm, and others. Hit and run is considered as a criminal offense and the penalties that will be imposed may vary from one state to another. In some states, criminal offense can either be classified as felony or misdemeanor. To be classified as a felony, most states define hit and run as leaving the scene of accident when there is an injured person.

Felony hit and run comes with a fine ranging from $5,000 to $20,000. It is also possible for the defendant to get a jail sentence. Depending on the nature of the accident and the resulting injuries, the possible jail term is up to 15 years. Aside from criminal liability, hit and run may also carry administrative penalties. The penalties are usually determined by the Department of Motor Vehicles. Whether for felony or misdemeanor, hit and run may entail a suspension or revocation of your driver’s license.

Finally, hit and run may also be a civil liability and the person involved in the crash may hold you liable for any damages they incurred.

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Understanding The Consequences of Amputation

Posted by on Jul 19, 2016 in Personal Injury | 0 comments

No news can be more devastating than being informed that you will have to lose a limb. For the person who will lose a leg or hand, the following days will be the toughest. Amputation is associated with various changes that could impact the amputee for the rest of their life. According to the website of Cazayoux Ewing Law Firm, the consequences of losing a limb can be catastrophic not only for the individual but also for their families.

While no amount of money can replace a lost limb, the amputee and their family must slowly accept the changes that will come into their lives. Acknowledgement can be difficult but the support of the family can play a huge role in the amputated individual accepting the hard fact that he has lost a limb. There are various consequences that can arise from amputation and here are some of them:

Psychological Effects

The amputee will suffer psychologically from their new condition. Dr. Elizabeth Kubler-Ross, MD, points out the five different stages that the amputed individual will go through: 1) denial and isolation 2) anger 3) bargaining 4) depression and 5) acceptance. Aside from that, the individual may also suffer from post-traumatic stress disorder (PTSD).

Emotional Consequences

The emotional effect of amputation is dependent on the age, type of loss, and the cause of amputation. The individual will experience increased negative thoughts, negative feelings, physical pain, and feeling of helplessness.
The loss of limb may also have an impact on the amputee’s self-identity and self-esteem. Amputation can result to a long-term problem with an individual’s self-image. These changes can also include a higher degree of anxiety and depression, lower self-esteem and less satisfaction with life and appearance. They will also develop a feeling of revulsion with their family as well as with society.

Social Consequences

Amputation will also have a negative effect on the sexual and social relationship of the individual. They will resort to social avoidance and isolation.

People who have just undergone amputation will need the support of their family members and friends. Showing empathy, fear, and helplessness will do no good and will only prolong acceptance by the amputee. Instead they should show strength, hope, and optimism.

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Ways of Showing Proof of Financial Responsibility

Posted by on Mar 10, 2016 in Financial Responsibility | 0 comments

Showing proof of financial responsibility is a basic requirement for drivers in the US. It refers to a law which requires individuals to demonstrate capability to pay compensatory damages that result from accidents wherein they are at fault.

According to Greenfield, WI car accident lawyers, proof of financial responsibility may be shown by carrying an auto liability insurance policy, like what is mandated in 48 US states, or by demonstrating capability to pay compensation through ways approved by the state. In New Hampshire for, example, depositing cash or posting a bond with the state is enough for drivers to be able to show compliance with the state’s Motor Vehicle Financial Responsibility requirement; drivers, however, can still purchase a car insurance policy, although having one is not really required. In the state of Virginia, on the other hand, drivers may instead pay the uninsured motor vehicle fee to their state’s Department of Motor Vehicles (DMV) if they wish to register their vehicle as uninsured.

In the states where auto liability insurance is strictly required, 38 are under the tort system, nine are known as “no-fault” states, while the remaining three are called “choice states.” “Choice states,” which include Pennsylvania, New Jersey and Kentucky, allow their drivers to have either tort insurance coverage of the no-fault coverage. “No-fault” states, which include Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah, compensatory damages are paid to the drivers (involved in the accident) by their respective insurance providers, regardless of who is at fault in the accident. In tort states, however, victims of accidents may file a civil lawsuit against the at-fault driver, whose insurance provider pays the court-approved amount of compensation to the victim (though auto insurance is not mandated in New Hampshire, drivers who rather decide to carry it may purchase a tort insurance policy; this is the same case in the state of Virginia).

Millions of drivers, however, purchase a car insurance policy and then stop paying its premiums right after renewing the registration for their car and license. The most common reason for this is the high cost of auto insurance. By using free auto insurance quotes, however, drivers will find the most ideal insurance deal, regardless of their driving history, credit history, age and driving experience.

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Requirements for a Medical Malpractice Lawsuit

Posted by on Oct 9, 2015 in Medical Malpractice | 0 comments

A hospital or doctor’s office is the last place we would expect to receive an injury or illness. However, medical malpractice is a real and frequent occurrence in America. West Palm Beach personal injury attorneys would likely say that medical malpractice can take many forms that include failure to diagnosis, improper treatment, and delayed treatment. Medical errors such as this can cause severe injuries, progression in an illness, and even death. Many individuals who are victims of medical malpractice will seek action against the party responsible for their suffering. However, it is important to understand the requirements for a medical malpractice claim.

For a medical malpractice lawsuit to be recognized by a court, a basic doctor-patient relationship must have existed. Essentially, this means that you hired the doctor to perform medical treatment and the doctor understood their responsibility. A second requirement is to prove that the doctor was negligent or violated medical standards and that their actions led to some sort of adverse effect or injury. This also means that a component doctor would not have caused injury in your case. Further, the doctor’s negligence has to be shown to have undoubtedly caused the injury and that it would not have occurred regardless. Lastly, even if a doctor or surgeon performed below standards, you can only sue for medical malpractice if a specific injury occurred. If a patient suffered no harm, a medical malpractice lawsuit is not likely.

When we enter a hospital, we rightfully expect that doctors will provide the highest standard of care. Unfortunately, many individuals can leave a doctor in worse condition than they started off in. In addition to physical pain, victims of medical malpractice can be left in emotional and financial turmoil, often unable to work. Due to this, it is often necessary to take legal action against the medical party responsible for your suffering if the conditions previously discussed are met.

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