Health care professionals go through long and rigorous training and tests before earning a license which will let them practice their profession, which is treating illnesses and keeping people in good health. To be able to continuously provide the best care, though, these health experts still continue to attend programs and further studies to learn more about what the best doctors have already known ahead of them.
For the same purpose of providing the highest quality of care to patients, owners of different types of medical facilities, especially big and reputedly good hospitals, make sure that they have only the best doctors, dedicated and highly-qualified nurses, medical technicians and other hospital staff, and modern medical devices that will help improve and hasten service, diagnose illnesses correctly and provide timely treatment.
To a number of health care professionals and hospitals, the above statements are facts; to others, though, providing quality care remains to be a goal that they are yet to perform or achieve. The failure to provide the quality of care that patients are entitled to is verifiable through the thousands of medical malpractice cases which, in 2010, claimed the lives of 180,000 Medicare patients (figure from the Office of Inspector General for Health and Human Services). This number, however, is far from reality, according to a study that was published in the Journal of Patient Safety. According to the study, the number of deaths could very well have been between 210,000 and 440,000 since so many cases were never reported.
Patients have the right to accurate diagnosis, timely treatment, correct medication and safe surgical procedures, if ever one becomes necessary. In quite a lot instances, however, patients rather end up suffering harm than receiving the treatment that he/she direly needs. The reason? Medical malpractice; and its most common cause is hospital negligence.
Medical malpractice is totally preventable, no question about it. Yet, despite the many mistakes already committed and the harm these have caused in patients, the same errors are still committed in hospitals: giving a patient the wrong medication or the wrong dose of medicine; performing a surgery that is actually not necessary; operating on the wrong part of the body; subjecting the wrong patient to surgery; accidentally leaving a s surgical instrument inside the body of a patient; amputating the wrong limb; causing infection due to use of unsterilized surgical instruments; incorrect dose of anesthesia; failure to properly monitor a patient; and so forth.
People who suffer greater or new health problems due to hospital errors (committed by doctors, nurses or any other hospital employee) should pursue legal actions. While a lawsuit may entitle a person to receive compensation from the liable party (doctor or hospital), it will also help bring to the open the mistakes still being committed and maybe help protect anyone else seeking medical care from careless healthcare providers.
Victims of medical malpractice can seek the help of a Louisville lawyer for assistance with injuries that arise due to hospital negligence or other harmful mistakes made by hospital staff.
Never has a town taken to culture as a business center to an altogether new level quite like Austin has. More than just promoting local businesses, Austin, Texas promotes and cultivates “weirdness” to the point that their slogan is “Keep Austin Weird.” As a result, this capital has become home for world renowned events that attract thousands of tourists every single year. Not that that has ever stopped Austin before as their reputation as the party central dates back all the way to the 19th century. A few wars and an economic depression later – they’re still growing strong.
One such event that Austin plays host to is to the Formula 1 race, marking its capability to be able to shelter that big of a crowd as in 2012 alone, more than over a hundred thousand people were in attendance, via the Circuit of the Americas. That is not the only racing event that this town can hold as it is also currently the home of other events such as Moto GP, ESPN’s X Games, Tudor United SportsCar Championship sports car series, and so much more.
The interests also vary as with Moto GP coming along in just a few weeks’ time, increasing the demand for moto gp limo service, as just a few weeks prior was the South by Southwest festival. Many music acts have found themselves on this most coveted stage, with names such as KISS, Nine Inch Nails, Kanye West, Drake, Lil Wayne, Maroon 5, and Kelly Clarkson as only a few among that most prestigious list.
So if you find yourself in Austin, Texas – you might find that you are just exactly where you are meant to be and exactly where you are meant to be. Remember to keep with the town slogan and enjoy the time that you have while visiting!
There are many complications that come with life – bad decisions that you end up regretting later on, missed opportunities creating infinite what ifs that you might reflect on later in life – and these are about as natural as growing up as puberty is. However, there are some instances wherein some complications are just unacceptable. One situation as such is that of abuse.
However, many victims of abuse do not end up filing legal action against their abusers out of fear. This is either due to being intimidated or out of fear or ignorance of what is within their rights. Sometimes, the victims are simply not in a place to fight back. An example of this kind of situation is that of nursing home abuse.
The elderly that need to be in a nursing home are no longer capable with caring for themselves and are now dependent upon external care. It is a difficult decision for any family involved but if the lifestyle of the family cannot cope with caring for their older relatives, sometimes nursing homes are the best available option. After all, according to the website of Abel Law Office, nursing homes are required to hold themselves in a higher standard of care in order to support and properly care for the people in their responsibility. This includes sufficient, well-trained staff as well as an equipped, capable facility.
Some signs are available in order to detect if some things about a certain nursing home are a bit off. If the workers there are a bit more aloof and secretive than most (say that they refuse to answer certain aspects of their care), then that is cause for suspicion. Evidence of physical trauma is also immediate cause for more than just doubt but also due legal action as that is warranted as nursing home abuse, which is a subset of personal injury law.
If you or someone you know has a relative who has been unfairly made a victim of abuse of this nature, do not hesitate in seeking expert legal help at once!
Cracks, fissures, unexplained debris, water damage. These are all indications that a structure’s integrity has been compromised and that the building may collapse at any time. A construction company or contractor bringing people in to work on such a building should take the time to determine whether it is safe to work in and not let pressure to get the job done supersede this duty of care.
But that is what happened on a demolition job in Harlem, where one worker inside the building which was already showing significant cracks was crushed when the floor above him suddenly collapsed as he was working on a wall with a sledge hammer. The 69-year-old worker sustained severe head injuries and died instantly as the building literally fell on him. The contractor had known about the cracks, and had already been cited for the lack of safety gear worn on the work site. Not that a hardhat would have been of any use to the unfortunate worker, who should not have been working in the building in the first place.
Such accidents are not uncommon in the construction industry, and with New York City cutting down on its building inspection budget, more are likely to occur. It is estimated that with the current number of construction sites in the city, it will take the remaining inspectors more than 100 years to thoroughly inspect each and every site.
It is the responsibility of contractors and the construction companies to make sure that their worksites are safe for workers as well as the general public even if they are not inspected by the city regulators. It is just more practical because when a worker or member of the public is injured or killed because of a preventable accident, they are liable for it.
If you have been seriously injured in a construction accident, chances are you are eligible for compensation. Find a good New York construction accident lawyer and make your claim.
Discrimination is one ill human behavior that has affected the working environment for so long. It has caused deep emotional injuries in so many victims, as well as ruined their lives, simply because they have been perceived as, or believed to be, different, weaker, (sometimes) dangerous, or just not preferable or likeable due to their race, color, language, accent, style of dressing, ideology, physical appearance, religion, behavior, and so forth.
In the US, discrimination in the workplace is a major persistent issue faced by the US Equal Employment Opportunity Commission (EEOC), an agency formed by the US Congress in 1964 for the enforcement of the stipulations of Title VII the Civil Rights Act. This Act or ordinance is aimed at creating a more equal society by prohibiting any form of discriminatory practice and behavior in the workplace based on nationality, race, religion, color and sex; it encompasses all employment-related decisions from employment screening, to hiring and retention, and covers all firms, whether educational institutions, state and local governments, or private companies, that have 15 or more employees.
An additional employment screening and hiring concern that the EEOC has witnessed develop for the past two decades is the questioning of a job applicant on the possibility of having been convicted in the past or a background check for a possible criminal record and then using the information gathered to reject the applicant. Though this may be a clear form of discrimination, the EEOC cannot hold an employer liable for violating the law unless the use of the applicant’s past criminal record can be proven as only a front to cover the real basis of the rejection, such as race, religion, and so forth. One actual example on this involves a case wherein an employer rejected the application of an African American due to his criminal record, but hired a White applicant who has a comparable criminal record.
Background checks are made by companies to make sure that they get to hire the right people for the job – which means people with the right qualifications, skills, attitude and behavior. Although much greater weight is given to qualifications and skills, considering an applicant’s behavior is equally important, especially if the job requires meeting and dealing with people directly, like a customer service job, watering, delivery service, etc. This is because liability for any wrongdoing an employee commits while doing his/her job can be passed on to the employer, who can be accused of negligent hiring, that is, for hiring individuals who they should have known were prone to displaying violent or dangerous behavior.
To avoid discrimination, as well as to avoid ending up hiring someone who poses an unacceptable risk, the EEOC formulated a three-part test that employers can use whenever considering an applicant with a past criminal record:
- The gravity and nature of the conduct or criminal offense
- How long ago was the crime or the conviction
What is the actual nature of the work the applicant is applying into, where is the work to be performed, the amount of supervision the applicant, once accepted, will receive, how much interact with others is required by the job, and so forth.
In its website, Cary Kane LLP explains that inquiring about arrests or conviction during a job application and interview can only be done by employers in government agencies, the Port Authority or enforcement agencies. Those in private companies definitely are prohibited by the law from making inquiries regarding criminal records, much more from using these as ground to deny one’s application. In the event of an infraction of the Civil Rights Act by an employer then Cary Kane LLP, is one law firm that can guarantee competent representation in a discrimination case.
The Book of Redemption starts with Revenge (for some of us, at least)
Depending on context and worldviews, people define the word “redemption” in different ways.
For Christians, it refers to the act of God saving them from inevitable and total damnation. For most everyone else, it’s associated with the act of clearing away a debt. I always see it as an embodiment of vengeance. It’s quite interesting how one word can have such drastically different conceptual differences!
Many prescription drugs are manufactured for specific conditions, but may also be efficacious in others that may not have been intended or studied. Viagra (sildenafil), for instance, was originally formulated as a treatment for hypertension, but is currently more closely associated with erectile dysfunction. Many birth control formulations are also frequently used as a treatment for acne. These are considered “off label” uses and are generally acceptable provided it is done with caution and after some studies have been conducted to investigate the effects of this type of use. In many cases, off label uses have provided unexpected benefits for patients.
But it does not always work out for the best.
One example is Depakote, the anti-seizure medication manufactured by Abbott Labs. It is accepted that prescription medications are likely to have serious side effects, which is why they are not available over-the-counter and patients take it under the supervision of a doctor. But when a drug company in the US encourages the use of a product without the approval of the Food and Drug Administration (FDA) and personal injury results, it renders the company vulnerable to criminal and civil action.
Depakote is primarily intended to provide relief for epileptic patients; even when used for this, allegations of the drug causing birth defects have sparked legal trouble for the manufacturer for failing to provide adequate and timely warning to physicians and patients. Add to that marketing strategies that encourage off label uses of Depakote for treatment of bipolar disorder and migraines, and there is a recipe for disaster. Many civil lawsuits focus on the fact that women who suffer from bipolar disorder or migraine are prescribed with Depakote when they should not be, and the resulting birth defects of their children are due to this off label use.
If you or someone you know has been described with Depakote for epilepsy or other uses and a child is born with a birth defect such as spina bifida, there may be a personal injury case in the making. Consult with a products liability lawyerfamiliar with Depakote litigation in your area to get advice on how to proceed with a claim.
A popular story that has been circulating by email and on social networks is misleading, although there is a possibility of product liability in specific instances.
The story about how a laptop left on the bed caused the fire which killed its sleeping 25-year-old owner is mostly true, except for the part about what caused it. The young graduate named in the story, Arun Gopalratnam, did actually die from a house fire in June 2010 but fire experts have not determined how the fire got started in the first place.
It is possible that a laptop ignited the fire, but only if there was some type of defect involved. The story was circulated to warn the public about how leaving a laptop on the bed would cause the unit to overheat because the vents are blocked and start a fire is inaccurate. A laptop would not normally cause a fire unless the wiring is defective or the battery is faulty. If, in fact a house fire is caused by a laptop and it was found that unit was defective, it could be the basis for a product liability lawsuit. In general, however, laptops are not a fire hazard, covered vent or not.
That having been said, it is not recommended to keep electronic gadgets such as computers, game consoles, and the like near combustible materials such as pillows and beds. Defects are usually not apparent until an accident happens.
A hit-and-run auto accident is a crime anywhere in the US. Under the Tennessee Code, the statute (55-10-103) specifically requires that the driver who injures or causes the death of another person to remain at the scene of an accident to render aid and reasonable assistance or arrange for transportation of the injured person to a medical facility for emergency treatment.
Being involved in auto accidents is bad enough. Making a run for it just makes it that much worse for everyone involved, especially if it results in injury to another person who may then need assistance which would have mitigated the circumstances. Although the law punishes someone who leaves the scene of an accident more severely when it results in death, the knowledge of undue suffering of the injured person is more distressing especially for the family.
Failing to follow the law as stated in the Tennessee Code for auto accidents involving injury or death to a third party automatically subjects the at-fault driver to both criminal charges and civil litigation. According to the website of Pohl & Berk, LLP, in Nashville, this type of negligence should be sanctioned to the fullest extent allowed under the law, and that includes a personal injury or wrongful death lawsuit.
In Tennessee, a hit and run auto accident is a Class A misdemeanor unless it results in a death; in which case, it is a Class E felony. As a Class A misdemeanor, the driver may be subject to not more than 11 months 29 days in prison and/or a fine not exceeding $2,500. As a Class E felony, the penalties may include jail time up to 6 years and a fine not to exceed $3,000. However, these sanctions may be superseded by circumstances that may call into action other statutes.
Being convicted in criminal court has no bearing on the at-fault driver’s civil liability. A plaintiff has the right to seek to recover damages sustained as a result of a hit-and-run car accident. An experienced lawyer in Tennessee should be engaged to negotiate a reasonable settlement, if possible, and to effectively bring the matter to civil court.
The laws governing personal injury cases vary from state to state. In terms of determining the possibility and extent of recovery, there are two schools of thought: contributory negligence and comparative negligence. Under the purest form of contributory negligence which is in force in only 5 US states, if the plaintiff is at fault even in the smallest degree (1%), recovery is not possible at all. Under the pure comparative negligence rule which is force in 13 states, the plaintiff may recover damages even if most of the fault can be attributed to the plaintiff (99%) although the recovery would be reduced by the percentage by which the jury determines the plaintiff was at fault.
The remaining states follow a modified comparative negligence rule, which are of two types: the 50 percent bar, and the 51 percent bar. Under the 50 percent bar which includes Oklahoma (23 Okla. Stat. Ann. § 13), the plaintiff may recover damages if he or she is 49% at fault or lower, but not if higher, and the damages are reduced by the degree of fault. According to the website of Abel Law Firm in Broken Arrow, Oklahoma, it can be difficult for a victim to recover damages for a serious injury if the lawyer fails to present a compelling enough case about the negligence of the defendant.
The 51 percent bar is essentially the same except that the threshold is 51% meaning that if the plaintiff is 50% or lower at fault, recovery is possible less the degree of fault, but not if it is 51% or higher. States under this second rule includes South Carolina (South Carolina Code 15-38-15). This Louisville personal injury lawyer website states that to make a case stick, it is important to have a knowledgeable advocate to prepare and present a convincing case before the jury. Lawyers are aware of which kinds of information are useful in a case and won’t waste time or effort arguing points that do not help their cause.
There are always exceptions to these rules, such as when the defendant is found to be grossly negligent or under the influence of drugs or alcohol. Navigating the shoals of civil law can be bewildering to the layman, which is why it is advisable to have legal representation with the requisite knowledge of the pertinent state laws as well as experience in tort litigation. This will ensure that the rights of the victim in an act of negligence will be fully protected, and the recovery maximized.