What is Medical Malpractice?

Patient in distress or disease requires a physician to treat him. But sometimes there may be some negligence on behalf of the doctor. Now, negligence can more broadly be explained. Whenever an injured person approaches a doctor, his condition is assessed and a way of treatment decided there upon.

However, sometimes the physician may analyze it improperly and not do the needy. It is termed as ‘medical standard care’. According to this a patient should be treated with the best possible treatment for that particular situation. If the standard of treatment is substandard or delayed then it can be termed as a medical malpractice.

                                     

Understanding

A medical malpractice can be brought to the court when it can be proved that the doctor did not treat the patient according to the standard of medical care. In other words what another professional of the same cadre and given the same situation would follow a different and more effective treatment for the patient. Due to which the patient suffered more loss and did not brighten his condition.

                                     

Essential elements

If a person intends to sue medical personnel in a medical malpractice case, the following four elements are to be fulfilled.

•  Firstly, it has to be proved that the doctor promised the treatment.
• Secondly, the physician did not live up to the standard of medications.
• Thirdly, as a result of negligence the patient had a visible injury.
• Finally, the treatment was of the substandard kind.

Limitations

A legal battle is rather difficult against the doctor as he may allege that the injuries were not caused due to negligent treatment. For example, when a doctor prescribes medicine for a heart patient, and by some reason the patient suffers a cardiac attack, the doctor cannot be brought to law unless there lays a proof that the prescription is the cause of the attack.

There is also a locality rule in some states by which a medical practitioner can treat the patient in a particular method accepted in that particular area. But in some other states this has been modified into a more competitive practice wherein the evaluation is made both on grounds of customary practices of the local doctor and national medical standards.

Achieve Compensation in Addition to Workers’ Comp with the Assistance of a Work Injury Lawyer

Workers’ compensation benefits are not what they used to be. With a significant reduction in the financial benefits that workers receive after an injury, it is important o seek compensation from other sources with the help of a work injury lawyer. By seeking additional compensation from third parties, your work injury lawyer will be able to get you the full and fair monetary compensation that you need to pay for medical expenses, lost wages, and other financial burdens that were a result of your injury.

Many injured workers are now working with a work injury lawyer in order to optimize their workers’ compensation benefits and to also receive necessary civil awards. A work injury lawyer will represent you in a companion civil case so that you can pay for the immediate and ongoing medical care that you may need. Since workers’ comp medical benefits have been drastically slashed in recent years, a work injury lawyer who can help you seek civil awards will be your best bet for achieving financial recovery.

For the best outcome possible, opt for a work injury lawyer who has an excellent reputation and who you have a good rapport with. You’ll want to make sure that you are kept in the loop during the litigation process while also feeling confident that your work injury lawyer is working diligently to determine all compensation options for your case. Set up a consultation with a work injury lawyer who you are considering and don’t be afraid to ask for references. The outcome of your case can affect you for many years, and you’ll want the most qualified work injury lawyer you can find so that the best course of action can be taken. With the right attorney at your side, you will be able to rid yourself of the financial burden associated with your accident and get back on track with your life.

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Assisting Victims of Sexual Assault in California

Assisting the victims of sexual assault is one of the most difficult yet rewarding tasks that I face as a California lawyer.  Being raped, molested, battered or abused is one of the most traumatic events that any person can experience and trying to sift through the evidence and piece together what happened and who may be legally responsible for payment of money damages to the victim is arduous.  People lie, cover ups are the norm, and finding answers seems almost impossible at the onset.  If a lawyer is persistent and aggressive, however, the light will be forced to shine and the truth can be revealed, which can then force those persons responsible to admit their faults and compensate the victim so that they can use these resources to move on with their lives. I thought I would share a few of these success stories as examples of being able to assist:

                                            

Jane Doe 1: I had a client once who called me from a Motel 6 room.  She was living there in complete fear for her life as she had been sexually assaulted two days prior while trying to access a storage locker.  At the time she rented the locker, she advised the owners that she was a single mother trying to run a small business selling goods at a swap meet and needed to come and go at all hours to store and retrieve inventory.  She was assured that: 1) the facility had a secure and functioning front gate with electronic access only to patrons; 2) security cameras were located throughout the property; 3) that there as a "full time" security guard on the property.  We later found out that the front gate had enough of a delay that several cars could follow any person into the property after entry, the security cameras were "dummy" cameras "just for show" and that the security guard on duty clocked in on the evening of the incident and then just left, without any reason.

My client was severely injured and scared to go back to her apartment as the perpetrators had her wallet with her driver's license.  I found her good doctors to treat her, I found her a new place to live, I tried to comfort her the best I could.  I then spent the next year getting to the bottom of the negligent security problems for this property.  I was fought at every instance, witnesses refused to cooperate and be deposed without a court order, the defendant tried to stall the case until the criminal prosecution was "complete", knowing good and well that the perpetrators had fled to Mexico and would probably never be found and the investigation had no end in sight.

Finally, I was sitting in my office at about 4:30 p.m. on a Friday afternoon feeling exhausted by the week's "battle" when I got a call from the defense attorney.  He said, "Well I don't want to do this but, I have been instructed to offer you our policy limit of $1,000,000.00".

A few weeks later, I gave my client a check for a significant six figure sum.  She could not be more thankful.  She said she was going to use the money to provide for her future medical expenses, move to a better part of town, and help put her son (a straight A high school student) through college.

I had done my job!!

John Doe: Persons with physical or mental incapacity or limitations seem particularly vulnerable to falling prey to sexual predators.  This was the case with John Doe. Placed in a private mental health care facility on a 72 hour hold (so-called "5150 hold" due to being a "danger to himself or others").  Obviously, persons who suffer mental breakdowns like this are in a delicate state when presenting themselves to the care of what should be medical professionals.  In this case, the "professionals" (namely a male medical staff person) took full advantage of the situation and committed multiples rape on the victim at the facility.  I wish I could say this was the first (or last) time I have seen this exact scenario play out (I am presently litigating claims with the exact same facts as I write this blog post).

John Doe was, needless to say, scared and distraught at his ordeal.  At the time and hour he needed comfort and care the most, he was violated and his condition was made even worse.  The medical facility immediately began denying any responsibility or prior knowledge that their employee had any inclination to commit such a "heinous act".  Through depositions and discovery, though, it was revealed that this was not, in fact, the first accusation of sexually inappropriate conduct by this individual perpetrated against a patient.  In fact, there had been several prior instances but, these were "unsubstantiated" (as defined by not having a witness to the event other than the victims).  I didn't buy this nonsense argument and I didn't think a jury would either.   After almost two years of hard fought litigation, I was able to convince the hospital which employed this individual that their position was simply not going to fly at trial.  A significant seven figure amount was negotiated to resolve these claims.  A client received a just and fair amount for his suffering.

I had done my job!!

 Importance of seeking the help and aid of a lawyer after suffering sexual assault or abuse:
These instances go to show that in the darkest of times, the victim of sexual assault or abuse cannot go it alone.  Doing so will simply serve to continue the pattern of depression and desperation that can make one spiral out of control.  Seeking prompt help in the form of psychiatric professionals is key to wellness.  Likewise, seeking the advice, counsel and aid of an attorney who is willing to stand up and fight the good fight to reveal the truth and to make the legally responsible parties pay for their wrongful conduct and negligence is equally as important. It brings a sense of justice to the victims, it deters the responsible parties from ever letting something like this happen again, and it brings a sense of closure to the situation by providing financial resources to allow people to find hope for the future.

This is the job and I am glad to do my part!

Who Can File a Car Accident Lawsuit and against Whom?

If necessary a car accident lawsuit may be filed against the following indviduals:

The driver: The vehicle’s driver would be primarily responsible for their negligence. The victim may choose to file a lawsuit against them for causing the accident and resultant damages.

The owner of the car: In most cases, the owner of the vehicle cannot be directly held directly liable for the negligence of the driver, unless specified otherwise by the law. To recover damages from the owner of the car, the victim must prove that the owner negligently entrusted his vehicle to the driver, or that the owner of the vehicle had direct control over the actions of the driver or over the vehicle. Some state laws may hold the owner liable if the driver was driving with his consent. Some state laws also allow a lawsuit to be filed against the vehicle owner who allows a member of the family to drive and whose negligent actions caused the accident.

Can passengers sue the driver of the vehicle they were in?
In most cases, the driver of the car with passengers or guests can be sued for negligent actions that resulted in injury of the passengers or guests. In states with a guest statute in place, the non-paying passengers must prove that the driver was grossly negligent.

Can passengers be sued by an injured party?
Under certain circumstances car accident lawsuits can be filed by and against the passengers and guests under the joint adventure theory.

A simple way to demonstrate joint adventure is a trip by the driver and the guest or passenger for a common purpose. Under the joint adventure theory, the driver’s negligence may be imputed to a guest, passenger or , in other words, a joint adventurer. Therefore, the victim does not need to show independent negligence by the guest or passenger, and the lawsuit may be based on the driver’s negligence. 

Employers: If an accident was caused by a worker acting within his course and scope of employment, the victim may be able to file a lawsuit against the employer of the driver.

Car Accident Attorneys

If you have been involved in a car accident, and have doubts about who should be sued for causing the accident and resultant damages you should consult an experienced attorney in your area who can help you build a strong case and get you the compensation you deserve.

If you have been injured in a St. Louis car accident, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 to speak with an experienced St. Louis car accident attorney who will give you the one on one assistance you need.

Source : http://www.lawyer.com/a/who-can-file-a-car-accident-lawsuit-and-against-whom.html