Medical Malpractice 101
When we make a visit to the doctor, we expect them to treat our symptoms, diagnose our problem, and provide us with the best care possible. For many of us, trusting our care to the doctor follows that pattern. We receive the best care possible and we’re on our way to feeling better.
There are, however, individuals who end up more hurt by the healthcare system than helped by it. These individuals are victims of what is called medical malpractice. If you’ve never heard of medical malpractice before, you’re not alone.
Keep reading to learn more about medical malpractice and its various forms — as well as what you can do if you believe a medical professional has failed to provide you with safe medical care.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional (does not have to be a doctor) deviates from their standard of care, ultimately hurting the patient who received care from them.
As with anything else, there are certain standards a situation must meet before being labeled as medical malpractice, according to the law:
- Violation of the Standard of Care: The standard of care are the accepted standards that must be followed by medical professionals who are treating patients. If the standard of care has not been met, a violation has occurred.
- Injury as a Result of the Violation: The patient must suffer an injury as a result of the health care professional’s failure to meet their standard of care. The patient has to be able to show their injury was a direct result of the professional’s negligence.
- Damages Incurred as a Result of the Injury: To have a case, the patient must also show that the injury resulted in their incurrence of damages such as a disability, loss of income, future and past medical bills and more.
If all three conditions are met, a patient has met all the qualifications for filing a medical malpractice claim.
What does Medical Malpractice Look Like?
Just like every patient’s unique situation is the same, every situation of medical malpractice is not the exact same. Here are some of the various forms in which medical malpractice can manifest itself:
- Lack of treatment
- Misdiagnosis
- Improper Treatment
- Medication Error
- Medical tools left in the body after surgery
- Surgery on the wrong side of the body
- Poor pre-operative care
Other situations, such as negligent post-operative care also may qualify!
Steps You Can Take
If you believe that you are a victim of medical malpractice, the most important thing to remember is that you have options.
The first thing that you should do is to find another doctor. Above all else, your health should be number one on your priority list. A new doctor will help you get the care that you should have received in the first place and fix any issues caused by the negligent doctor.
After you are treated, obtain copies of your medical records. These will greatly assist you when speaking to an attorney with medical malpractice experience (like the lawyers at McCutchen & Sexton) and will also help them build the best argument possible for your case.
Read MoreThe Happiest Place on Earth?
Amusement parks are supposed to be the happiest places on the planet. Everything from the pavement to the paint is designed to spark joy in the hearts and minds of children. A great amusement park will at least entertain parents and adults, too.
The real world almost ceases to exist when you are in the boundaries of an amusement park. Time and perception are affected by a couple of days consisting of tasty food and visiting characters from your favorite movies and TV shows. However, for some families, the perfect trip can come to a horrific conclusion.
I did some research on amusement park injuries and fatalities recently. I found a reputable website for the law firm Hare, Wynn, Newell & Newton, LLP and discovered many people tragically suffer from pain and suffering caused by an injury incurred at an amusement park.
Amusement parks are potentially hazardous for a lot of reasons. The majority of the time in an amusement park, there is a disproportionate amount of small children around. That in of itself poses a risk because small children are clumsy and make decisions without minding any potential dangers.
While parents can keep a close eye on children, with such a chaotic environment and so many potential missteps, it is hard to guarantee any modicum of safety at an amusement park for small children. And that is ignoring the risks of kidnapping or other dangers involving intentionally malicious actions from other people.
Meanwhile, there are a plethora of other risks. We have all read or seen stories of people dying on amusement park rides. That is not to say that roller coasters or park rides are inherently dangerous. Overwhelmingly, most people on rides enjoy the experience and are safe.
But accidents happen. And when accidents happen on amusement park rides, they can be particularly gruesome. I will spare you the worst details, but it is safe to say that there are countless stories of people incurring head injuries, losing limbs, and even dying from a faultily-maintained coaster. In other cases, the injured was responsible for not adhering to safety guidelines.
There are other instances, of course, of amusement park injuries. But broadly speaking, most injuries take place due to complications while on a park ride or from something like a slip and fall — an environmental hazard not unique to amusement parks.
If a restaurant inside a park doesn’t take care of a spill in a reasonable time, it can lead to terrible accidents. Don’t be fooled by the big powerful names of an amusement park, these cases can be litigated like a regular personal injury case!
Everyone deserves happy and restful vacations. Just because yours was interrupted by an accident or injury doesn’t mean your life is over. There are options for you to litigate and hold the amusement park responsible for your pain. If you live in Lexington and have been injured, you should probably speak with reputable attorneys like the ones from Hare, Wynn, Newell & Newton, LLP. They can look at your injury from an amusement park accident and make sure you get the justice you deserve.
Read MoreHair Care Is Becoming Hair Comfort
For some people, getting a haircut can seem like a real pain. There’s the sitting around, the nervousness the barber or stylist won’t get the cut right, and a general sense of discomfort in the process. Some clever stylists around the country are starting to realize that the feeling that getting a cut is an uncomfortable process is keeping many people away and cutting down on business. That’s why there’s been a remarkable move among stylists to start making the haircut experience more than just a chance to get a good ‘do: it’s a chance to relax and pamper yourself.
These stylists make a point of providing more than just a couple chairs and a TV where people can wait for their appointment to get a trim. They provide a sense of comfort and fun that makes it a joy to walk in the door.
Take, for example, Therapy Hair Studio in Houston. They provide a relaxing location and expert stylists, but they go beyond these basics. They also serve their customers champagne, wine, hot tea, and cappuccinos, making it desirable to have a little extra time waiting to get to the actual haircut.
This focus is sure to inspire more people to take the time to actually get a good haircut. But, of course, the comfort has to be paired with good results. People can get coffee anywhere. They need to also be able to get a haircut they like to make the trip worthwhile to a salon like Therapy. (Therapy, by the way, does that as well, with some of the most acclaimed stylists in Houston.)
When a salon gets this balance right, though, this combination of pleasure and styling opens the doors for other kinds of business as well. For instance, it makes it possible to service whole bridal parties. Brides and bridesmaids want to get their hair perfect for the big event, and when you can combine the styling with champagne, you’re sure to get far more parties interested in booking appointments.
This brings up an interesting question about the future of hair salons and barbershops – namely, can the traditional, no-frills locations survive long if these trends continue to take off? Why would you settle for a plain haircut when you can get an expert look and a glass of wine to boot next door?
The more places like Therapy flourish, the more others will have to follow along and adapt, or else, watch their business slowly disappear.
There’s a lot of charm in a classic salon, but it’s hard to beat the offer of a better stylist, a more comfortable location, and the chance to sit back, enjoy a couple drinks, and generally enjoy yourself more.
It’s likely, then, that places like Therapy won’t just attract the haircut reticent or the big bridal parties. It’s likely they’ll start attracting all the haircut business over time. That puts other salons in a difficult position: either find a way to provide more comfort, or look for a new business.
Read MoreWhy do we care so much about hair?
Almost everyone needs a haircut now and again. Other than the few absolutely hair free individuals out there, people have to get a trim. That simple fact of life doesn’t end there, of course, because our modern society is obsessed with what we do with that trimming. The plethora of styles out there speaks to this obsession. Your hair says so much about who you are, whether you’re a punk, straight-laced, business focused, or nostalgic for another era. But why is that?
The history of the hair salon goes back, as the term should suggest, to Paris. The first hair dresser’s name was, of all things, Champagne. In the 1600s, he moved to Paris and began dressing the hair of wealthy men in the city. With him, the industry was born.
Since then, hair styling had continued to evolve, spreading from those early days when only the richest of men had their hair done to just about every person in America and most Western countries.
Salons diversified and specialized, so that some dealt with women, some, like barbers, only with men. Some became focused on certain kinds of hair, like those for African Americans. Others specialize in certain types of cuts, like sports barbers.
Beyond that, there are even more modern developments. Some hair salons are trying to turn their business into a hybrid with luxury spas by doing things like serving their patron’s namesake, champagne, and offering other relaxing perks to attract higher prices and better clientele.
All of this is a great deal of effort and expense just to keep hair out of your eyes. Why are people willing to go to such lengths to make their hair look nice?
It seems that obsession goes all the way back to the beginning of society. Though modern hair salons started in France, hair grooming (with its important significance) appears to go back much further. Homer, the first writer in the so-called Western Canon, wrote about hairstyles way back almost three thousand years ago.
More famously, and even earlier, Egyptian pharaohs became obsessed with being completely clean-shaven head to toe, and wore wigs instead of their own hair.
Greece and Rome also had wig makers and enjoyed dying hair. Some of the ancient Greek statues, it is believed, had wildly colorful hair when depicting the gods. A look at temples in India shows this wasn’t an exclusively Western idea.
In short, we are obsessed with our hair today because humanity was always obsessed. The only that has changed now is that it isn’t only the elite who are able to make their hair stand out. The average 18-year-old has as much ability to dye their hair as a wealthy Roman did, and the salon is no longer for the richest amongst us. We can all afford to enjoy champagne’s invention every now and again.
Read MoreA Brand New Financial Start through Chapter 7 Bankruptcy Law
Searching for legal means to pay overwhelming debts may be a hopeless endeavor for those who are not totally aware of the existence of the bankruptcy law – the law that allows legal declaration of inability to further pay individual or business debts that have risen to an unmanageable amount. Bankruptcy is one of the best and legal solutions individuals and businesses have as the law will not only help them gain control over their finances again, it will also immediately stop any form of harassment employed by creditors or law firms (such as e-mails, phone calls, letters, text messages and lawsuits) to force debtors to pay.
Many individuals who find themselves in crushing debts make the wise decision of seeking legal counsel (business firms usually have their own lawyers to guide them through this concern). Your lawyer will first asses your financial situation and then will go on to explain to you the legal options you have to enable you to have a brand new financial start. But make sure you choose a really good bankruptcy lawyer as not all lawyers have equal expertise and exposure to bankruptcy laws and proceedings.
If you own a business, your lawyer may advise you to file for business bankruptcy that is either supported by Chapter 7 or Chapter 11 bankruptcy law. Chapter 7 bankruptcy, in particular, is a liquidation bankruptcy process. This is applicable to those who own properties, but whose income or salary falls with the chapter’s stipulated limit. This type of bankruptcy will require the liquidation of some of your properties, thus its definition. Your properties will be sold by a trustee, who is appointed by the court, and the amount earned will be distributed by this same trustee to your creditors in payment of your debts (debtor have the option to choose which among his/her properties would be exempt from being liquidated).
Debts are classified as either dischargeable or non-dischargeable. Dischargeable debts, which include personal or business loans, medical bills and debts resulting from credit card use, are those that the court may release you from (you need not pay); non-dischargeable debts are usually related to governmental bodies, like alimony, court fines and student loans (home mortgages may sometimes be included).
To be able to qualify for Chapter 7 bankruptcy, applicants will have to go through a means test. This test will determine, through your income, if you can seek protection from your debts using this bankruptcy law. Business firms, on the other hand, that choose to file Chapter 7 bankruptcy will be required to stop business operations, unless allowed by the appointed trustee to continue. This is because the company’s assets will need to be sold to pay (in this particular hierarchy) investors, unsecured creditors and secured creditors (a system of hierarchical payment called “absolute priority”).
Read MoreArguments Concerning the DePuy ASR Hip System
In 2010, DePuy Orthopaedics, a holding company of Johnson & Johnson, recalled the widely used DePuy ASR hip implant. The recall was issued after numerous reports and lawsuits were filed against Johnson & Johnson for defective product design. Many of the recipients of a DePuy ASR hip were badly injured by the implant.
The DePuy ASR ball-and-socket technology was made of cobalt and chromium alloy. The acetabulum shell (socket) and femoral head (ball) were separated by a flimsy polyethylene liner. In many cases, this liner wore down causing the cobalt and chromium to grind against one another. Not only did the grinding pain mimic the arthritic pre-operation condition, but it also put patients at risk for blood toxicity and damaged tissue.
Lawyers representing the victims of a defective DePuy ASR Hip System have mentioned that the scraping action of the metal-on-metal implant can cause damage to the tissue surrounding the joint. This damage can become so extensive that it eventually causes the surrounding tissue to die. Additionally, the scraping of the metal can raise the amount of metal ions in the bloodstream. This alteration to blood levels can affect a patient’s ability to fight infection as well as increase the risk for blood clotting complications.
In addition to physical complications to patients, many lawyers have argued that Johnson & Johnson was aware of the defective qualities of the DePuy hip implant before releasing it for market use. Johnson & Johnson has been accused of inadequate testing, the hiding of failure complaints, and the discarding of redesign efforts. The first federal trial over the DePuy Hip System began in September of 2013. Johnson & Johnson stands to lose around $3 billion dollars if they are held liable for the full extent of the damages.
Read MoreFinding a Personal Injury Lawyer
Finding the right personal injury lawyer to represent you in court may be the key in getting the proper compensation in a very fast manner possible. There are a lot of lawyers out there who says they can help you, but not all of them are familiar with the ins and outs of personal injury law. This is why it is vital to find the right one, especially if you have been severely injured due to an accident or reckless behavior of another person or party.
If you have just recently encountered a serious injury due to another person’s fault, then you might get compensation by filing a personal injury claim. With so many lawyers out there, it might seem daunting to find the right one, so here are some tips on where and how you can find the best personal injury lawyer for your specific injury case:
- Bar associations – generally all lawyers become members of these organizations, and as such, they can provide you with lawyer’s credentials and curriculum vitae. These organizations can provide you with lawyers who specialize in personal injury law.
- Yellow pages – even with the fast access of the internet, yellow pages can still provide you with attorneys who specialize in personal injury laws.
- Inquire about them to your lawyer – whether you asked their help for writing a will or for real estate transactions, asking your lawyer on their recommendations can guarantee you have enough options for a personal injury lawyer. Ask your lawyer for at least 3 persons whom he trusts can help you with your dilemma.
- Internet – just about every bit of information can be found in the internet. Searching for lawyers in your area do not only give you their names, you can also find their backgrounds, other cases and even inquire them about your case.
- Ask around – it does not hurt to ask other people about different lawyers. Word of mouth is still a strong advertising medium for many legal firms, and asking about them can inform you about their services and how they handle their clients.
Looking for the right lawyer doesn’t need to be all that hard and confusing. Just knowing where to look for them is the first step in fighting for your right for fair compensation after an unjust accident.
Read MoreIntoxicated Driving: The Differences Between Marijuana and Alcohol
Almost any intoxicant can negatively impact an individual’s ability to safely operate a motor vehicle. For this reason, most states have designed laws to discourage the use of intoxicants by motorists. But enforcing these laws can be more difficult for some intoxicants than others.
Drunk driving, which has been recognized as a serious public safety issue for several decades now, has been subject to increasingly strict laws and regulations prohibiting impaired drivers from getting behind the wheel. All states institute a limit of .08% blood alcohol content, and there are a wide range of different technologies that can be used to effectively determine whether a driver suspected of driving under the influence is over this limit, including breathalyzers and blood and urine tests.
Marijuana, on the other hand, is much more difficult to effectively detect in drivers. For one, marijuana, unlike alcohol, stays in the bloodstream for much longer than alcohol, sometimes for weeks after an individual has used it. Another issue is that there aren’t currently widely-accepted legal limits to effectively determine how much marijuana can be in an individual’s system before they are unsafe to drive. Finally, testing technology is not nearly as advanced as it is for alcohol.
Read MoreHelping Teenagers Cope with a Divorce
Divorce is not always an easy process, and it can be made even more difficult when divorcing spouses have teenagers. Teenagers are already facing difficult life changes, as this is a critical transition period for them, but a divorce – especially one that is sudden or unexpected – can make the teen years even more difficult to face. Many teens feel that they are misunderstood or that their parents do not talk to them about their decisions, making a divorce even harder to for many teens to accept. As such, it is important that parents make an effort to talk to their teens about getting a divorce and to not avoid having honest and serious discussions with their children, even when it involves difficult or uncomfortable topics.
However, many parents struggle with finding out how to help their teenagers through a divorce. Unfortunately, it’s not a foolproof science, as every teen’s reaction will be different. However, there are some good strategies that parents might consider when working through a divorce with their teenagers.
Strategies for Helping Your Teen with a Divorce
Every young person will react to their parents’ divorce differently, but divorce can be especially hard on teenagers who are old enough to fully understand the implications of a divorce and the effects it can have on their life. It might be hard for a teenager to imagine life without both parents together, and he or she might act out against the divorce in different ways. To help your teenager cope with a divorce, whether it is amicable or contentious, there are some strategies that you can implement, including:
- Explaining the divorce as a team, with you and your spouse talking to your child together
- Avoid blaming your spouse or using negative language about him or her
- Always make your teen understand that he or she is allowed to ask questions
- Make it clear that both parents love the child, and the divorce is not about him or her
- Seek counseling, if you think that it is necessary to help your teen express his or her feelings
While not every one of these strategies may help your individual teen, each of them has been utilized by divorcing parents across the country, and has seen success in certain families. Because every divorce is different, you will have to test some different strategies and find out which works best for your family. If you have questions, as many parents do, it might also benefit you to discuss them with a divorce lawyer in The Woodlands who has likely seen cases similar to yours in his or her years of experience helping families with teens go through the divorce process.
Read MoreChoosing an Attorney
Every case is different, so you should not expect that every lawyer can represent you in court regarding your personal injury claims. As these lawsuits are a special area of the law, finding the right personal injury lawyer can pave the way to fair financial settlement.
In choosing a lawyer to stand in for you in front of a judge or jury, certain things should be considered before hiring them. First, avoid getting lawyers who are more interested in money than representing you in court. See if they ask about their payment first, before even asking you about any information about your case. Check if they are willing to take your case through a contingency fee or not.
Another thing to think about is whether that personal injury lawyer has, for the most part, represented insurance companies rather than the victims or the injured claimants. As not all personal injury attorneys and cases are the same, you might end up with the wrong lawyer who is more experience defending the other party in court.
Ask your lawyer about their thoughts on you accepting a lower settlement or even not accepting a fair settlement and pushing for a trial. It is important to know if they are willing to honor your wishes, whatever that may be, and will accept them without any question.
Searching for the right personal injury lawyer can seem intimidating at first, but you will get used to it. Do not be afraid to ask questions, since these are vital in helping you determine if who you are getting is the right person to fight for your right in court. Look for a personal injury lawyer who has extensive experience in the field of personal injury law in your state. Find someone who is happy and very much willing to represent you in court, and most especially you are agreeable with in order to build trust.
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