April 16, 2020
If you were injured or if you became ill due to the negligence of your doctor or medical professional, then you may deserve compensation. If you are looking into medical malpractice suits, then you may learn about medical malpractice reform. There are always proposals to reform malpractice law. How will this affect your case? In some instances, it will not affect it at all. When it comes to reform, you need to understand capping. Capping is normally the foundation for reform. Here is what you need to know.
What Are Caps?
Caps are limits. These are limits on the amount of money that you can receive as an award if you sue for malpractice. These caps may also limit the amount of punitive damages that a judge can order against a physician. In some cases, the reform may also put restrictions on the types of cases that can go to court. Cases that would normally be dismissed may not be able to make it to court at all.
Why Are Caps Important?
So, why does there need to be caps? If you were injured, you may worry that this could put a dent in the amount of money that you can ask for. After all, when you are injured due to medical malpractice, then you could have high medical costs. The reason for these caps has to do with malpractice insurance. This can keep the costs down for physicians and other caregivers. This means that the insurance company pays a lower settlement. In addition, it allows doctors to practice without fear that someone would take them to court for a frivolous reason or sue them beyond what the case is worth.
Caps are important for physicians but should not interfere with your case. These caps help prevent frivolous lawsuits. If you have a serious claim, then odds are the reform will not affect your case very much. You can still file a suit for all of the damages that you suffered due to the actions of your care provider.
Tort reform is a complex issue. The idea behind tort reform is to create a physician-friendly practice. Reform does not give doctors an excuse to treat patients with inadequate care. If you suffer medical malpractice, you still deserve compensation. You can still file a lawsuit, even in areas where tort reform is being proposed. To discuss your options for your medical malpractice lawsuit, contact a medical malpractice lawyer, like medical malpractice lawyer in Miami, FL, as soon as possible.
Thank you to the law firm of Needle & Ellenberg, P.A. for their insight into medical malpractice and the law.
March 20, 2020
In general, state laws require that a physician file a death certificate stating the cause and manner of death for each individual who passes away. The death certificate becomes the presumptive cause of death moving forward. The cause of death can affect the legal rights of the surviving spouse, children, next-of-kin, or other beneficiaries in a number of circumstances. In some cases, the cause of death set forth in a death certificate can be erroneous. Most state laws provide a procedure for changing the cause of death.
Determining Cause of Death
Cause of death is usually determined by an attending physician or family physician based on the outcome of the decedent’s last known medical illness. In many instances, the specific cause of death is not really known without an autopsy, so the certifying physician will use generic language to explain the cause of death. For example, the signs and symptoms of two common causes of death — cardiac arrest (i.e., heart attack), and pulmonary embolism (i.e., blood clots in the lungs) — are very similar. When a hospitalized patient suffers a cardiopulmonary arrest, it may not be possible to determine whether the arrest occurred as a result of a primary pulmonary event, such as pulmonary embolism, or a primary cardiac event, such as myocardial infarction, in the absence of an autopsy. Thus, the certifying physician may simply list “cardiopulmonary arrest” as the cause of death without being more specific.
Requesting an Autopsy
In unusual circumstances, or when requested by a physician, an autopsy is performed. Autopsies can be performed by pathologists who work within a hospital system or by a county coroner. In some instances, family members may request a private autopsy if the coroner refuses to perform an autopsy or if there are concerns about the validity of autopsy results, particularly where the autopsy is performed by a hospital that is suspected of committing medical malpractice that led to a wrongful death.
The scope and extent of an autopsy will vary depending on who is performing it and the reason for the autopsy. For example, a thorough coroner’s autopsy might include an investigation into the clinical circumstances leading up to the death, a gross description of the body and its organs, and a description of microscopic findings that may be incorporated into the coroner’s verdict. Toxicology results are sometimes obtained, depending on the circumstances of the death. Private or hospital autopsies may not be as complete.
The manner and cause of death contained in a death certificate can affect legal rights. For example, a life insurance policy may preclude payment when the deceased individual dies as a result of suicide. In medical malpractice litigation, the cause of death is often a controversy. Most state laws provide a procedure for contesting the findings of a death certificate. These procedures vary from state to state. Often, state law provides a separate procedure in which the cause of death can be litigated before trial since the official cause of death is presumed to be the cause of death, and that presumption can have a significant evidentiary effect at trial. If you are concerned about the cause of a loved one’s death, you should contact a wrongful death lawyer or medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, for advice.
Thanks to Mishkind Kulwicki Law for their insight into the cause of death in injury litigation.
March 19, 2020
Medical malpractice happens when a health care professional, such as a doctor or hospital staff member, causes a patient’s injury or illness because of a negligent action. Sometimes this is the result of a treatment issue, improper aftercare, an error in diagnosis or the overall management of the patient’s health. This doesn’t mean that because a patient’s condition gets worse or something else goes wrong, there has been malpractice. If you’re unsure whether your situation would be considered malpractice, the following gives some brief examples of what it is and what it is not.
What It Is
Medical malpractice is negligence or recklessness. In every case, there’s a health care professional on one side who failed to provide a certain standard of care, and on the other side is a patient who has suffered because of it.
- Negligence – A medical negligence case is based on a health care professional who fails to provide the type of care he or she would regularly provide in a similar situation, or other similarly-skilled professionals would provide in the same situation. Some examples include the failure to advise a patient of risks, the failure to diagnose a condition or an error during surgery.
- Recklessness – A reckless medical malpractice case is based on a health care professional who acts inappropriately while offering care to a patient. For example, a surgeon who performs a procedure while under the influence of alcohol or a pharmacist who makes a conscious decision to throw a few extra pills into the pill bottle.
What It Is Not
Though some patients have a less-than-favorable outcome from health care, it’s not always medical malpractice. Some scenarios that could be malpractice when coupled with a more serious situation, but are not generally malpractice on their own include:
- A Worsening Condition – Conditions can get worse, even when a medical professional is doing everything possible to stop that from happening. If the doctor is acting reasonably and providing accurate care, but the condition gets worse, it may just be an unfortunate turn of events, rather than negligence or recklessness.
- Being Untreatable – A doctor may diagnose a patient with a condition that is untreatable. For example, someone could have a terminal disease for which there is no treatment so the doctor may provide solutions to make the patient more comfortable. As the patient gets worse or nears death, it’s not considered malpractice because the doctor diagnosed the issue correctly and was doing everything possible to keep the patient comfortable during an inevitably difficult time.
Sometimes the line between something being considered malpractice or not is quite thin. To learn more or to find out if your situation might be considered medical malpractice, contact a hospital malpractice lawyer in Phoenix, AZ today.
Thanks to Rispoli Law, PLLC for their insight into medical malpractice and what it is and is not.
March 17, 2020
Clients are our top priority here at the Law Offices of Konrad Sherinian, LLC. As such, we are continuing firm operations during the COVID-19 crisis. All matters are being handled, and all deadlines (new and existing) are being met as normal.
In addition, you will still be able to reach us on the phone as normal, and, if we are actively handling matters on your behalf, we may reach out to you as we always do. However, given the advice from the CDC, we are discontinuing any client meetings until at least March 30.
You can continue to reach us by phone at 630-318-2606, as well as via email at email@example.com.
If you have any questions, please do not hesitate to contact us.
We look forward to continuing to serve you through this crisis and beyond.
March 13, 2020
Rideshare services like Lyft can help you get from point A to point B when you do not have a vehicle, but using them may also pose some risks to you as well. Some drivers are not experienced with city driving while others might drive too fast or recklessly so they can make more money during their shift. If you are injured in a Lyft accident, there are a few steps you may want to take if you plan to sue the negligent driver.
- Contact the Authorities Right Away
If your Lyft driver asks you not to report the accident or your injuries, he or she may be attempting to avoid being suspended or fired by the rideshare company. However, if the accident was that driver’s fault, he or she may be liable, so it is important that you call the authorities as soon as possible to file a report.
- Obtain Legal Help
The legalities of a Lyft accident can be puzzling, especially when insurance companies become involved. Speaking with a lawyer about your accident can help you understand your options if you plan to file a lawsuit against the driver or company and which steps may be necessary for doing so.
- Create an Accident File
As you plan your Lyft accident lawsuit, it can be wise to keep all your information in one place so you can present it to your lawyer as it becomes available. File names, phone numbers, insurance information, medical bills and police reports all in one location so valuable documents do not become lost. You may want to make multiple copies of any documents in case Lyft’s insurance company requests that you submit them.
- Name Negligent Parties
You can work with your attorney to name the parties you plan to sue. For example, if Lyft hired a driver with a history of reckless driving, you may be able to name the company and the driver in your lawsuit. If there was another vehicle involved and that driver was equally at fault for the wreck, he or she may be liable as well. Your attorney will likely offer advice during this phase of your suit.
- Inquire About a Settlement
If your injuries are severe, you may want to avoid a lengthy court battle and seek a settlement instead. If Lyft offers to settle out of court, you can ask your attorney to represent you so he or she can ensure the proposed amount is fair.
Being involved in a Lyft accident can have devastating consequences, but you do not have to face the legalities of a lawsuit on your own. Reach out to a car accident lawyer in Milwaukee, WI today for further assistance and information.
Thanks to Hickey & Turim, SC for their insight into personal injury claims and Lyft accidents.
March 13, 2020
Going to work is an important part of everyone’s day. Coming home is equally, if not more, important. But not everyone comes home in the same shape they left. Sometimes, we are victims of workplace injuries.
When you suffer a workplace injury, your sole focus should be on your recovery. The best way to do that is to work with a trusted workers’ compensation attorney who can help you maximize your recovery.
What is workers’ compensation?
Workers’ compensation is insurance coverage carried by your employer. This insurance covers lost wages, medical expenses, and rehabilitation costs for employees who are injured on the job.
Workers’ compensation insurance is no fault which means that it does not matter who caused the injury, the benefit is owed to you if you were injured on the job. However, there are exceptions. If you intended to injure yourself or someone else and you suffered an injury because of your actions, then you would not be entitled to workers’ compensation benefits. There are other exceptions and that’s why it’s important to speak with a lawyer today.
I filed a claim but it was denied. What now?
If your workers’ compensation claim was denied and you have not yet hired a lawyer, now is the time to do so. Waiting any longer could be detrimental to your recovery.
Your lawyer will help you determine why your claim was denied and what steps you need to take next. But you have to act fast as you only have limited time after your claim was denied to file an appeal. A law firm is ready to help guide you through the process.
Should I still see my doctor?
Absolutely. Just because your workers’ compensation claim is denied, that does not mean you suddenly get better. You still need to focus on your physical recovery and the best way to do that is to keep seeing your doctor.
Your doctor will also help you determine the best course of action for your recovery. They can chart a course for your recovery while we are working hard to ensure your workers’ compensation appeal is granted and you get the benefits to which you are entitled.
Do I have to go to the insurance company’s doctor?
Yes but that doesn’t mean it’s the only doctor you can see. The workers’ compensation insurance company can and often will require you to see their doctor for an independent medical exam. But you can still see your doctor, especially if you do not think the insurance company doctor is providing the best treatment.
Insurance companies are often pushy. Don’t let them push you around and tell you that you can’t see your own doctor. You can. And we can help make sure your doctor’s report is included in your workers’ compensation claim.
A law firm is here to help.
A lawyer can answer all of the questions above and the countless others you may have. Workers’ compensation is a complex legal process and we want to give you the peace of mind you deserve, knowing that your claim is in good hands. Contact a Milwaukee work injury lawyer today to get started.
Thanks to Hickey & Turim, SC for their insight into workers compensation and denied claims.
March 10, 2020
Motorcycle Injury Lawyer
Motorcycle riders are about 28 times more likely to die in a traffic accident than occupants of cars that crash. While cars surround occupants with steel and protect them with airbags and crumple zones, motorcycle riders are protected only by their gear.
Motorcycle helmets save lives, but they cannot prevent crushed organs and broken necks. Even the best helmet cannot assure that a rider will survive a brain injury caused by a collision with a car or truck moving at highway speeds.
When a motorcycle rider dies because the driver of a car or truck was negligent, the rider’s family or estate can sue for wrongful death. The estate may also be entitled to bring a survival claim if the motorcyclist did not die instantly. A survival claim compensates the estate for the suffering a motorcyclist endured prior to death.
Families and estates do not have an unlimited time to bring a wrongful death claim. The deadline for bringing the claim is established by a state statute of limitations. If that deadline passes without filing a lawsuit, the right to bring the claim may be lost forever.
Time Limit for Filing a Wrongful Death Case After a Motorcycle Accident
A statute of limitations is a law that imposes a deadline for bringing a claim in court. The time during which the claim can be filed is called a limitations period. When the limitations period ends, so does the right to sue.
Each state sets its own limitations period for bringing a wrongful death claim. The limitations period may depend on the nature of the claim. For example, a wrongful death claim based on negligence may have a different limitations period than a claim against someone who intentionally caused a death.
The statute of limitations that applies to personal injury lawsuits based on negligence will often apply to wrongful death cases based on negligence. The same statute of limitations will usually apply to a survival action. Since every state has its own law, however, it is important to get advice from a motorcycle accident lawyer to determine the applicable limitations period.
The limitations period for a wrongful death lawsuit typically ranges from one year to six years, depending on state law. A limitations period of two or three years is fairly typical.
When the death was caused by a careless government employee, however, the family might be required to file a notice of claim. The time limit for filing a notice of claim is often shorter than the time limit set by a statute of limitations. Again, it is important to get advice from a wrongful death lawyer to protect the right to seek compensation.
Extending the Time to File a Wrongful Death Case After a Motorcycle Accident
Under some circumstances, state law tolls the limitations period. The period stops running (or doesn’t start running) while it is tolled. Tolling statutes vary from state to state.
States might toll the limitations period if the person bringing the claim is a minor. If a minor child of the accident victim is entitled to file the lawsuit, the limitations period might not begin until the victim reaches the age of 18. When the estate must bring the claim, the limitations period might be tolled until the estate enters probate.
A few states toll the limitations period when the person responsible for the accident broke the law, if the violation was a cause of the accident. In those states, the limitations period will typically be tolled while a prosecution is pending, or for a fixed period of time.
Determining the limitations period is important. A motorcycle accident lawyer in Brookhaven, GA can advise the victim’s family about the deadline for settling or starting a wrongful death lawsuit in the state where the accident occurred.
Thanks to Butler Law Firm for their insight into personal injury claims and motorcycle accidents resulting in wrongful death.
March 9, 2020
Personal Injury Lawyer
Uber and Lyft have become so popular. This is not mean that the same dangers we face when we are driving ourselves no longer occur; they do. Having the ability to access a rideshare service may save us a lot of time and anxiety. This however, does not guarantee your safety, accidents still happen. Much like public transportation such as trains and buses, Uber, taxi and Lyft drivers have a duty to take care of their passengers and prevent harm. Some things cannot be prevented and it is best to understand that you are not exempt from the dangers just because you are a passenger. You still have a responsibility to pay attention to your surroundings and remain as safe as possible although you are not the driver.
As a passenger, it is important to know what steps to take if you are involved in an auto accident while using a rideshare app or service. As always, seek medical attention immediately and contact law-enforcement. Immediately or soon after doing these, contact a personal injury attorney as soon as you can. Being a passenger in an Uber or Lyft and being involved in an auto accident is slightly different from being a passenger in your own vehicle. Who is at fault? Is it the driver of your Uber or Lyft, or is it another party? No matter which, someone will be seen as liable for any injuries or harm caused to you. Keep as much evidence of the scene of the accident as well as any corresponding documents this way when you speak with a personal injury attorney they will be able to review the details more accurately. There is a chance that both parties could be held responsible although you are only in one car. Uber and Lyft drivers, although they are employees of the rideshare companies they are also independent contractors. Do not assume that if you are involved in an accident with an Uber or Lyft driver that you can pursue a claim against Uber and Lyft. You should, however, inform Uber and Lyft of your crisis so that they can take the necessary steps to ensure their passengers safety and well being going forward. Because there are several different stipulations when involving a ridesharing service and being involved in a motor vehicle accident, it is best to speak to a car accident attorney in Dekalb County, GA as soon as possible so that you can get a better understanding of the law and what your legal options are.
Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and rideshare accidents.
March 5, 2020
A very common question that people who are considering filing a medical malpractice lawsuit is, “If I can prove that the defendant violated the standard of care, does that mean I win my case?” This is actually a common area of confusion. The answer to this question may surprise you. One final note, however, you should not try to represent yourself. It is beneficial to understand how your case will work, but leave it to a legal professional to argue your case for you.
The Standard of Care
Every physician is required to meet a certain level of care. This is called the standard of care. If a physician fails to fulfill this obligation, they have violated the standard of care. This is often called a breach of the standard of care as well.
That sounds pretty conclusive, doesn’t it? A physician failed to meet their obligations, so they should be held liable for their actions or inaction, right? Well, it turns out that proving medical negligence is a little more complicated than that. There are actually four components that must each be proven independently. A violation of the standard of care only makes up the first two components. To win your case, the third and fourth components must also be proven.
The four components of negligence are:
As you can see, duty and breach refer to a violation of the standard of care. The physician’s duty is to provide a certain level of care and a breach of that duty is a violation of that level of care. The third and fourth components refer to your injury. Specifically, it must be proven that the injury was a result of the breach of duty, that the injury is real, and that the injury is significant. Only then has it been proven that the physician is liable.
So how can the first two components be proven, but not the second two? Consider an example. If a doctor accidentally diagnosed a patient wrong, that may be cause for a medical malpractice lawsuit. But if the medicine prescribed would have been the same for the correct diagnosis, then the misdiagnosis did not actually cause any harm. It is possible for the violation of the standard of care to be completely coincidental to the injury, which means it must be proven that this is not the case if you want to win your lawsuit. Again, you should leave this up to your medical malpractice lawyer in Orlando, as it is incredibly complicated to legally prove.
Thanks to Needle & Ellenberg, P.A. for their insight into medical malpractice claims and violations of the stands of care.
February 26, 2020
Often clients of an estate planning lawyer in Rolling Meadows, IL will choose 2 or more children to act as co-trustees or co-executors because clients don’t want to “play favorites” and want every child to have a say in the estate or Trust administration. Although it may seem like a logical idea, it often turns into the worst decision for the family.
When we raise our children, we try to instill them with the same values and beliefs and teach them to be kind and respectful to one another. Then the children grow up, get married, have children, and lead very separate lives. During that time, each child has evolved as their own families grow. Two people with different backgrounds raise their own children and mix their cultures, beliefs and traditions. Then fast forward around 35 to 40 years, these same children who Mom and Dad raised exactly the same, who hopefully have the same values and beliefs originally instilled in them, have to come together, and make an inordinate amount of emotional and financial decisions about Mom and/or Dad while they are alive, and when they are gone.
This evolution of life is truly a recipe for potential disaster. Kids coming back together for Thanksgiving dinner or holiday brunch is common, and generally peaceful and happy occasions. Kids coming back for a Family Planning Meeting with a coordinator at a senior living facility, or at a funeral home, or at an attorney’s office to discuss estate planning, is emotional and very tense for everyone. Sometimes the adult children are very accommodating, respectful and generous when dealing with decisions for Mom and Dad. That unfortunately is the exception. Most times, there is at least one child in the family that will cause more issues when making tough decisions for Mom and Dad.
Is the answer NOT choosing 2 or more kids to act together as trustees or executors? No. The answer is to be honest with yourself and take stock of your family dynamics as they are today. Perhaps the kids were very close growing up. Perhaps parents wish them to be close today, but they are not. If that is the case, DO NOT make them act together to make important decisions with your finances and/or your health. Choose one person for each type of decision and tell the family that you have made your decisions. If you want to avoid conflict for your children when you die, talk to them while you are alive, about the decisions you made, and why you made them. This way no one is caught off guard. The goal is not only to keep them from fighting, but hopefully, the children can have Thanksgiving together in peace, even after Mom and Dad are gone.
Thanks to Bott & Associates, Ltd. for their insight into estate planning and litigation.