The Dangers of Medical Malpractice

Medical professionals are there to diagnose complications and treat them, and acts of negligence on their part may be grounds for medical malpractice cases, especially if they have resulted into injury. According to the personal injury website of Ali Mokaram, medical malpractice is one of the aspects covered in personal injury law, including car accidents, nursing home abuses, and others.

It is also important to point out that not all errors warrant a personal injury case. They key words are negligence and injury.

Misdiagnosis

Wrong diagnosis can take on many forms, such as the following:

  • Healthy diagnosed as sick
  • Sick diagnosed as healthy
  • Diagnosed with a wrong condition
  • Diagnosed with a wrong subtype of a complication

Misdiagnosis may result into delayed treatments, development of more severe complications, worsening of complications, unnecessary treatments, and unnecessary medical bills.

Medication Errors

Medication is a complicated aspect in the health industry, so negligent errors concerning it is can be very common. Common errors include the following:

  • Error in initial prescription
  • Inappropriate prescription of drugs
  • Prescription of wrong drugs
  • Prescription of drugs that have negative interactions with other prescribed drugs
  • Wrong dosage
  • Wrong patient

Errors in medication may result into allergic reactions, hypersensitivity, prolonged hospital stays, emergence of new complications, and worsening of existing complications. Some errors may even cause serious injury or death.

Anesthesia Errors

Patients without medical backgrounds do not fully understand the importance of anesthesiologists, but it doesn’t change the fact that anesthesiologist error and negligence may result into permanent injuries and even death. The most common errors include:

  • Failure to consider patient’s medical history
  • Failure to give preoperative instructions to the patient
  • Failure to give the proper amount of anesthesia
  • Failure to effectively monitor patient’s vital signs

Surgery Errors

Surgery errors can be done by the surgeons themselves or their nursing staff. The most common errors are the following:

  • Puncturing a blood vessel, tissue, or organ
  • Operating on wrong side of the body or wrong body part
  • Leaving surgical instruments in the body
  • Failing to give postoperative instructions

These errors may result into infections, new complications, and worsening of existing complications. Some errors may even require further surgery, resulting into unnecessary medical costs and suffering, prolonged hospital stays, and more missed time on work.

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The CPSC Cannot Test all Toys, and that not all Toys Meet CPSC Standards

The CPSC Cannot Test all Toys, and that not all Toys Meet CPSC Standards

Toy manufacturers introduce about 3,000 to 5,000 new toys each year. With these many toys out in the market annually, even the Consumer Product Safety Commission (CPSC), which enforces safety violation standards, is unable to police or test every toy due to lack of personnel and not enough budget. Thus, despite strict federal regulations against use of toxic substances, such as lead paint, or choking parts, like magnets, toys that contain these continue to slip through and show up on store shelves, continuously putting children’s lives in great potential danger.

Over 15,000 different types of products used in and around the home, in schools, and in recreation, of which toys are just a small component, are under the watch of the CPSC. The CPSC’s main task is to protect the American public from unreasonable risks of injuries and/or deaths associated with the use of consumer products. This federal agency accomplishes this task by: banning any type of consumer product that causes danger or has the potential to cause danger; issuing product recalls; and formulating product safety requirements. With the task to monitor over 15,000 different types of products, however, but with only 163 employees (as of March 2012), the CPSC is simply short in manpower to police or test every toy in order to make sure that defective and dangerous toys never make it to store shelves.

Before falling under the jurisdiction of the CPSC, however, the task of testing and making sure that children’s toys are safe is, first and foremost, the duty of manufacturers. It is these toy makers’ legal responsibility to comply with the standards set by the CPSC, standards which order that children’s toys should be free of choking and strangulation hazards, excessively loud noise, projectiles and small parts, like magnets, which may be swallowed, sharp edges that can cause cuts, punctures or lacerations, and toxic chemicals (such as lead, cadmium and phthalates or toxic additives), which so many of today’s toys are contaminated with.

Consumers, parents, most especially, should bear in mind that the CPSC cannot test all toys, and that not all toys on store shelves meet CPSC standards. Thus, when buying a toy for their kids, they have to guard against and keep away from as well as Electric Toys, and toys with: button batteries and buckyballs (tiny magnets); cords and strings, which can cause strangulation; sharp edges; small parts; loud noises, which can damage hearing; sharp points; and, propelled objects, such as arrows, darts, missiles, and other projectiles.

In its website, the Mokaram Law Firm explains that, “personal injury can an unfortunate reality for millions of people. While many cases of injury are a result of accidents, a large portion are borne out of the negligence of a third party—whether it be a business, institution, government entity, or careless individual, there are societal expectations to act in such a way that is mindful of others’ safety. When this duty is ignored, the threat of severe injury is significantly increased. The ramifications of personal injury extend well beyond physical and emotional suffering; costly medical bills, missed time from work, lost wages, a prolonged recovery period, loss of enjoyment of life, and the potential need for physical and psychological therapy are factors that will likely have to be accounted for in the event of a personal injury.

These unfortunate circumstances can cause a huge disruption in your life. Although many victims of personal injury feel helpless in their situation,” they “can fight to lessen the financial burden of their recovery” by pursuing legal action against the liable party/parties.

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Drunk-driving: The Leading Cause of Injuries and Death on U.S. Roads

All drivers want to be safe, yet, thousands fail or choose not to observe road traffic rules intended to keep order and peace on the road. With more than five million vehicular accidents still being registered all across the United States annually, there is still much to be done to stop and apprehend drivers who continue to violate road safety rules, especially, driving while under the influence or driving while intoxicated (DWI).

Alcohol-impaired driving remains to be a serious issue in the U.S. despite all the national public awareness campaigns. According to he National Highway Traffic Safety Administration (NHTSA), drunk-driving continues to be the leading cause of road accidents (the others are speeding, reckless driving, failure to use seat belt, driver errors, defective vehicle pars and defective roads) that can result to severe injuries or wrongful death. This, again, is despite all the precautions, educational programs and the harsh penalties on violators.

People who drink and then drive compromise the safety of everyone else on the road and, the more a person drinks the greater probability of him/her meeting or causing an accident. This is why blood-alcohol concentration (BAC) in drivers was lowered to 0.08 percent from 0.10 percent during the 80s; higher fines and prolonged jail terms were also decided to be imposed on those who will be caught, besides a DWI or felony record under their names.

A measure of 0.08 percent BAC (the allowed limit in all jurisdictions in the United States) would mean about four bottles of beer consumed within an hour. Though some people may have a higher level of tolerance to alcohol than others, rendering them still sober despite more bottles consumed, they need to understand that BAC is based not on how sober a person may still be, but on the amount of alcohol registered in the blood.

Thus, what may start as a harmless night of socialization with peers or a night of simple unwinding may end in a night wherein you can be criminally charged and convicted. Despite the negative effects a conviction will have on your community and professional standing, you will also be legally required to compensate anyone who may sustain a personal injury due to your recklessness on the road.

With help from a seasoned lawyer, however, the Law Offices of Richard A. Portale, P.C., says that those charged may just have the chance to save themselves from the harsh punishments, but more so, from a DWI conviction.

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Available Damages In A Wrongful Termination Claim

Wrongful termination refers to a legal case filed against an employer by employees for firing them for illegal reasons. While employees are generally “at-will” workers, employers cannot just terminate them for any reason. An “at-will employee” can be fired by employers for any lawful reason. For the inconvenience it has caused them, an employee can be entitled to recover damages. If successful, they can receive the following damages:

Lost Income
If an employee successfully proves that they were wrongfully terminated, they can recover the income they lost as a result of being illegally fired. The employee may also be able to receive any lost earnings and unpaid wages, overtime, or any other compensation.

Lost Benefits
Lost benefits may include medical and dental insurance, pension, stock options, profit sharing, and other possible benefits. Determining the exact amount can be a daunting task so you need the help of an expert to do it for you.

Emotional Distress
Also called pain and suffering, the court may award damages for emotional distress. However, the judge will only award such if they deem that the employer acted really bad and the employee experienced tremendous suffering due to the wrongful determination. A mental health expert can help in proving pain and suffering.

Punitive Damages
Punitive damages are designed to punish the employer and acts as a deterrent for similar behavior in the future. However, punitive damages are not applicable for all wrongful termination claims and not in all states.

Attorney’s Fees
While some wrongful termination claims may award attorney’s fees, most of them do not. Lawyers will usually accept cases on a contingency fee basis. If you win your case, your attorney may be entitled to receive a fixed percentage of your damages

Texas employment attorneys will remind you to file the claim within a certain period of time to be able to recover the damages you ought to receive.

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Important Things One Should Know Concerning Social Security Disability Insurance (SSDI)

America’s working group is one of the very important factors that make this nation a major economic force around the world. To make sure that they get rewarded as they retire, the federal government passed the Social Security Act in 1935.

This Act first served as a form of social insurance and was originally intended as a financial source for retiring employees, many of whom suffered from poverty during the Great Depression in the 1930s. Now known as the Social Security Administration (SSA), two large federal programs aimed at providing financial assistance to people with disabilities have been created through it: the Social Security Disability Insurance (SSDI), which SSA introduced in 1956, and the Supplemental Security Income (SSI), which SSA created in 1974.

The Social Security Disability Insurance (SSDI), specifically, was designed to provide cash benefits to Social Security members with total permanent disabilities and pensions to retired members aged 65 or above.

There are criteria that should be met in order for one to be eligible for disability or retirement benefits. The most basic of these requirements are:

  • Having worked in a job covered by Social Security or by being self-employed; and,
  • Having earned the required number of credits required by SSA.
  • Employee earn four credits a year (a table that shows the number of credits needed by an employee who gets disabled is available in an SSA website with address, https://www.ssa.gov/pubs/EN-05-10072.pdf. This table also shows the required number of years of work needed to be able to earn certain number of credits). These credits are earned through payment of Social Security taxes (employees’ pay slips usually identify SS tax payments as “FICA,” that is, Federal Insurance Contributions Act).

While members usually need 40 credits (earned after 10 years of work) to be considered eligible for disability benefits, employees who have only been a few years in work and, therefore, have earned fewer credits can also qualify. One very important thing any employee will have to know, however, is that even if they are eligible now, if they stop working under Social Security and so stop earning credits (for a certain length of time), then they may no longer be considered eligible in the future.

Another important requirement for eligibility is, of course, the total, permanent disability sustained by the employee. SSDI does not cover partial or short-term disability. Employees who sustain this type of disability can, instead, file their claim with their state’s Workers’ Compensation office, but only if the injury (that results to disability) is work-related or sustained while performing their job.

Disability, as defined by the SSA (at least for SSDI purposes), means:

  • A condition that will render a person unable to to perform the work that he/she did before being disabled;
  • The disability renders a person unable to perform any other type of work; and,
  • The disability may either last for at least a year or result in death.

Once an employee starts receiving the cash benefits, payment of benefit will only stop if:

  • He/She works at a level that the SSA considers as “substantial”;
  • If the SSA decides that his/her medical condition has improved to the point that he/she is no longer disabled; or,
  • If he/she turns 65 – if this is the case, recipient of the disability benefit will continue receiving the same amount of payment, only this time, it will be called “pension,” and no longer disability benefit.

As pointed out in the Hankey Law Office website, Social Security Disability benefits is a reliable source of income that makes a world of difference in the lives of disabled individuals and their families. People whose physical or mental disabilities keep them out of the workforce, therefore, should find out if they are eligible to the financial assistance known as Social Security Disability Insurance. A highly-competent SSDI lawyer may be able to help in this endeavor, as well as help prepare and file all necessary documents and forms in case of eligibility.

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Truck Driver Errors

An accident reconstruction team polished a crash site on Interstate 20, erasing remnants of a fatal accident that claimed the life of a six-year-old on Friday, March 11, that left a family mourning.

According to tow truck driver Dexter Chancey, who usually traverse this highway behind the wheel of his 18-wheeler, among the big accident sites in this stretch of road in Georgia include Washington Road, Wheeler Road, and Mike Pagett past Tobacco Road, among others. The reason why accidents happen on these roads? It’s because according to him, drivers, who are mostly truck drivers, cannot seem to focus on driving.

According to the Georgia Department of Transportation, 74% of 1,425 motor vehicle accidents in 2015 in the state, which has risen by 21% from 2014’s records, has been caused by distracted driving, speeding, and driving under the influence just last year alone. Last year, funding to make roads safer is the aim of the Transportation Funding Act of 2015.

According to the website of Ausband & Dumont, truck accidents are very dangerous indeed, given that the larger they are, the more they are in danger of rolling over, which makes it dangerous for their occupants. Being with a truck along the road is also dangerous for other motorists on the road because given the size of a truck, once another vehicle collides with it, there is a high percentage that the occupants of the other vehicle will lose their lives.

Some drivers jump out of a truck that they know is in danger of rolling over. A jumper might save his life, but there is no guarantee that this will do the trick because if you roll left and you jump or fall out, the truck may roll over on top of you; in fact, a lot of drivers are killed annually in 90-degree rollovers when they fall out of the cab and their truck falls on top of them. However, taking the risk and jumping out of the truck might be better than staying in the cab if the rig does a 180-degree turn or more.

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Car Insurance Benefits

Almost any vehicle carries a weight of obligation for the owner and thus involves a substantial investment. More than that, although this is a way of transport that can cause serious injury to those inside or outside the vehicle, as well as for those people who are within its area. Furthermore, expensive vehicles including a yacht will probably set the owner back a pretty penny, therefore any harm will certainly burn an even bigger hole in the pocket. Whether ensuring coverage for liability or property damage, it makes perfect sense to get insurance that is adequate for all your vehicles.

It should also be mentioned Third Party Liability protection won’t cover property damage or your own medical expenses, so stinting on the rates of good insurance coverage could cause much more fiscal vulnerability for you in the event you don’t possess a third party to compete with. Automobile injuries on land or water often lead a world of harm that won’t be simple to recoup from, equally for you or your vehicle. You need to purchase insurance for your own injuries and property damage.

When uncertain about what would be adequate coverage for you or your vehicle, check with a trustworthy insurance provider in your area. They’ll provide an estimate for what you want and what you can afford.

As said on the website of Habush Habush & Rottier S.C. ®, third party liability (TPL) motor insurance in the US is required for motorists, but this just covers bodily injury and property damage to others up to a specific limit. Anything above that limit is an out-of-pocket expense for you personally as the at-fault driver. If you get enough protection, your insurance provider can really cover personal injury claims against you. At least for individual injuries, $100,000 is recommended for each individual in terms of third party coverage, but more tends to be better.

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Types of the Deadly Mesothelioma

In December of 1979, one famous Hollywood actor was diagnosed with mesothelioma, an incurable, deadly cancer that involves the mesothelium or the cell wall that protects the body’s internal organs. According to the website of Williams & Kherkher, the only known cause of mesothelioma is asbestos, a mineral that that has been used as a component in the manufacture of more than 5,000 products due to its resistance to heat, fire, electricity, and chemicals.

Though the movie sound stage insulation and the flame-retardant driver helmets and suits (which this actor wore whenever he raced) exposed him to the toxic mineral, he was more convinced that it was removing asbestos that covered the pipes of the ship he was onboard (while he was in the U.S. Marines Corps late in the 1940s) to be the real reason behind the cancer.

The 20 to 40 years latency period of mesothelioma makes this cancer diagnosable only (usually) upon reaching stage 3 or 4, a stage which renders the illness already irreversible and, therefore, incurable.

Mesothelioma has at least four types, each named after the body area where the cancer has formed. These types include:

  • Pleural mesothelioma, which develops in the pleura, or lining of the lungs. Pleural mesothelioma is the most common type of mesothelioma of the four; its symptoms are fever, weakness, shortness of breath, swallowing difficulty, persistent chest pain and night sweats.
  • Peritoneal mesothelioma, the cancer that scars the peritoneum or the mesothelial lining of the abdomen. The symptoms of this type of cancer include abdominal pain and swelling, nausea or vomiting, weight loss, diarrhea and fatigue.
  • Pericardial mesothelioma, which develops when the spaces between the pericardium or the exterior lining of the heart, get filled with fluid. The symptoms of this type of mesothelioma include irregular heartbeat, breathing difficulty, coughing, chest pain, fatigue, night sweats and fever.
  • Testicular mesothelioma, the type of mesothelioma that develops along the lining of the male’s reproductive glands, also known as the testis; its major signs include swelling of the scrotum and development of testicular lumps.

People are exposed to asbestos in different ways; but whether one gets exposed to large amounts or to very small fractions of it, the danger of developing mesothelioma can be the same.

During the Second World War, for instance, more than four million shipyard workers, including enlisted personnel and officers from the US Navy, Marine Corps and Coast Guard, got exposed to thousands of tons of asbestos as they built US warships, and insulated hot water pipes, steampipes and boilers. Thousands of these men and women were diagnosed with mesothelioma 20 to 40 after, many of whom have died already (thousands of others died due to asbestosis, another lethal effect of asbestos).

In another scenario, a wife had the task of laundering her husband’s asbestos-contaminated working clothes – the only exposure to asbestos that she had. Her husband was diagnosed with mesothelioma 40 years after his first exposure to it; he died two years after the diagnosis. The wife, on the other hand, got diagnosed with the same illness, five months after her husband’s death; her survival rate was much shorter than her husband’s, however, as she only lived three months after the diagnosis.

Many more individuals are suffering from mesothelioma and since the US continues to allow the use of this toxic mineral in the production of different products, many more will be diagnosed with this incurable cancer in the future.

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Protecting Children from Drowning and other Swimming Pool Injuries

Data shows that drowning is one of the most common causes of injuries and fatalities in children. According to a report by the U.S. Consumer Product Safety Commission (CPSC), drowning caused an annual count of 390 fatalities involving children aged 14 years and younger between the years 2007 to 2009. The same report noted that similar swimming-related accidents led to about 5,200 injuries requiring medical attention in children aged 15 and younger during 2009 until 2011.

Considering these numbers, parents are right to feel concerned about potential dangers their children could end up facing as they enjoy one of the most beloved recreational activities in America. Aside from the threat of drowning, children could face risk of injuries such as brain trauma, disembowelment, evisceration, and other near-drowning injuries. Even worst, these devastating outcomes can lead to permanent disability or death.

How can parents prevent such accidents from occurring? Is there a way they can protect their children from the possibility of drowning and other swimming-related injuries? Before any active steps can be taken, it’s important that parents are aware of the factors that lead to these dangerous incidents.

According to the website of the Atlanta accident lawyers from Ausband & Dumont Law Firm, swimming-related accidents and injuries are typically caused by the following:

  • Diving board accidents
  • Drain-related accidents
  • Lack of proper supervision (lifeguards)

One of the most important thing parents can do to keep their children safe is by making sure they are well supervised. More than that, parents should also be able to expect that the swimming facilities they are using remain completely safe and regulated. Property owners share the responsibility of keeping young children away from possible dangers by making sure their premises are properly maintained. The law can hold them accountable for any accidents caused by negligence or recklessness.

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Mediated Divorce: Keeping Spouses Allies Even After Divorce

Complex, emotional and demoralizing – these are how marriage counselors and legal professionals describe the divorce process, especially if it is contested as this will mean that the case and all related issues will have to be settled by a family judge in court where anyone can witness the whole procedure.

This is most probably why more than 90% of divorce cases in the U.S. are now uncontested, meaning these are settled out of court as the divorcing spouses try to reach an amicable agreement on all issues related to divorce, namely child custody, visitation rights, child support, alimony, paternity issues, division of assets and properties, and distribution of debts.

Only when spouses cannot or maybe choose not to agree on divorce terms will court hearings be necessary. But couples need to understand that a divorce settled in court will mean entrusting all decisions to the judge and may take months or even a couple of years before a final decision is made.

While protecting one’s interests is very important in a divorce case, so is arriving at agreeable terms through friendly means. This friendly settlement is possible and is, in fact, what many divorcing couples are already choosing – divorce through mediation.

Divorce through mediation or mediated divorce is for couples who want to arrive at the most agreeable terms on all divorce-related matters by themselves and who want to maintain privacy in their marital lives. According to Cedar Rapids divorce lawyers, in this process the couple is heard and guided by an objective third party person called the mediator, who is chosen by the spouses themselves. With their respective divorce lawyers, the mediator hears both sides, offering his/her opinion at times (but never imposing anything on the couple) until the spouses arrive at terms acceptable to both. All decisions arrived at in mediated divorce are legal and ought to be followed by both spouses; failure to do so by one can result to legal actions by the other.

Besides being much less painful and stressful, other benefits of mediated divorce include:

  • It is much less costly as this procedure may take only hours or a couple of days, compared to a court procedure that may last more than a year, and so require spouses to often incur off time from work, as well as pay costly court fees
  • Besides having a free hand in arriving at decisions that will work best for the spouses, their marital problems and personal lives also remain confidential as this divorce procedure requires only the presence of the mediator and the spouses (who may have or not have lawyers)
  • Compliance to the terms of the agreement is more certain and voluntary as these were made by the spouses themselves

In a child custody case, decisions are made in consideration of the best interests of the child; mediated divorce, on the other hand, was definitely designed for the best interests of the divorcing spouses.

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