Consequences Of Medical Malpractice

Whether you go to the doctor for mild, flu-like symptoms or to address more troublesome symptoms, you expect the doctor to provide you with care and expertise to the best of their abilities. Although medical malpractice is common, no one truly expects to be harmed by the medical professionals from whom they are seeking help. Sadly though, even experienced and respected medical professionals are capable of medical malpractice if they become negligent towards their job. Medical malpractice is rarely intentional, but failing to use the care expected of a reasonable medical professional can still accidentally end in devastating consequences for patients.

Medical Malpractice and its Consequences

If a doctor instructs a patient to take Advil when they would probably be better served taking Tums, the negative results for the patient will be mild. However, this same mistake when made with more serious ailments and more powerful medications can be disastrous. It is not always clear why medical malpractice occurs. Sometimes it is due to fatigue on the part of a doctor or nurse or perhaps due to a moment of carelessness. Whatever the reason, patients suffer when those overseeing their care are negligent. Some of the negative consequences of medical malpractice include:

  • The illness or injury is exacerbated
  • The illness or injury is not treated
  • An additional illness or injury is incurred
  • Unnecessary surgery causes avoidable side effects

The list of specific consequences for instances of medical malpractice is extensive. Unfortunately, medical malpractice is often not revealed until the patient has suffered significant damage. If you or someone you love was harmed by medical malpractice, legal action may be necessary. For more information on how you or your loved one may be entitled to financial compensation for your medical expenses, lost wages, pain and suffering, and more, contact a  medical malpractice lawyer today.

Options For Injured Construction Workers

Thousands of people are injured in construction accidents each year in the United States. Unfortunately, many of these people, whether they are construction workers or people passing by, suffer serious injuries that cause them not only physical pain, but also emotional trauma and financial burdens. Depending on the circumstances of a person’s accident and injuries, however, they may be able to file for workers’ compensation or a personal injury claim that, if won, can help them recover and live without financial worries.

What You Can Do

Claiming workers’ compensation after being injured on a construction site can be a challenge. What a person is able to do to obtain financial assistance after a construction accident depends entirely upon the situation in which the injuries occurred. The following are some basic guidelines when it comes to figuring out what you can and should do:

  • If you are a construction worker who is injured by sheer accident and not as a result of negligence or irresponsibility on the part of your employer or other party, you are likely going to be advised to file a workers compensation claim, in which you can claim insurance benefits to cover some of the costs of your injury
  • On the other hand, if you are injured as a construction worker under certain conditions falling objects, falling from a substantial height, or an unsafe, unaddressed work environment you may be able to file a personal injury claim, seeking compensation through civil law
  • If you are a motorist or pedestrian who is injured in an accident caused by construction work, you can likely file a claim against the responsible worker, construction company, manager, or property owner who caused your accident.

Knowing your options when you are injured in a construction accident is essential to getting the financial compensation that you need to adequately recover and continue living the life you are used to. In order to understand all the options available to you and which is best for you, consult with a team of construction accident attorneys about your situation.

DUI Expungement

Those who are free from prior convictions of driving under the influence as well as felony charges or current criminal charges are eligible for DUI expunction. Essentially, having a DUI taken off of your public record makes it no longer a barrier to you and your future plans. Without expunction, a DUI conviction can go with you anywhere. If you have a DUI on your record and lack any prior or pending alcohol related charges, there is a good chance that a skilled and experienced Dallas expungement attorney can help you get the burden of a previous mistake off of you back.

The Family And Medical Leave Act

If you have been denied family and medical leave by an employer or suffered a type of punishment because of your time away from work, you may be able to take action against the party responsible. Contact a lawyer for more information.

Qualifying for Family and Medical Leave

Not everyone may qualify under the FMLA, so understanding the requirements is helpful when preparing to ask for medical leave. While there are exceptions to this, typically for an employee to qualify to receive family and medical leave, they must be an employee of one of the following:

  • Government agencies
  • School systems- both private and public schools
  • Companies that have more than 50 employees that work within a 75 mile radius of each other

If an individual works in a qualified workplace, they may be able to file for family and medical leave if they:

  • Are suffering from a serious health problem
  • Need to care for a loved one that is dealing with a serious injury or illness
  • Have a new baby, either through birth or adoption

It is unlawful for qualified applicants to be denied the time off that they are owed by law, but sadly, there are some employers that fail to honor their obligation to their workers.

Who Can Help?

Working with an Austin employment lawyer may help victims of employment law violations when they are interested in taking action against their employer. Contact an attorney today to discuss your family and medical leave related concerns.

Comparative Fault In Personal Injury Lawsuits

Accidental injuries happen every day, and much of the time are as simple cut and dry issues where it is very clear who is responsible for the accident. This is not always the case however, and different states treat fault in accident in injuries very differently. In New Jersey, the modified comparative fault rule is applied when deciding liability in a personal injury case, meaning that negligent parties can pay anywhere between 100 and 49 of the losses sustained by the plaintiff.

This allows for a more realistic representation of liability in court rulings, rather than having inflexible criteria which cause total liability to one party when they are only partially responsible for the accident, as is frequently the case. By employing the comparative fault rule, legal decisions can be adapted to each unique situation on a case by case basis, serving all parties involved as effectively as possible.

The 51 Rule for Liability

In order to be eligible to receive compensation for your injuries after an accident, you must be able to demonstrate that you are less than 51 responsible for your injuries, meaning that the negligence of another party was more than half the reason you were injured. The judge and juries involve work to consider the full facts presented to them in such a case in order to make a fair and accurate assessment of liability, and will consider all of the following issues when determining fault:

  • Whether or not the accident could have been prevented.
  • Whether or no the defendant owed any duty of care to the plaintiff
  • Who could have prevented the accident by a reasonable means

In many situations, this will still result in the plaintiff being awarded full compensation for their losses, but in situations where they are found to be, for example, 30 liable for their own injuries then they will only be compensated for 70 of the costs associated with the accident.

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