Suing a Hospital for Medical Malpractice

Hospitals are not entitled to offer their patients five-star service. But there are certain basics that must be adhered to, which includes zero malpractices. When a hospital is guilty of malpractice, the patient can sue the hospital for the act. If the facility is collectively responsible for the wrongdoing, then one can sue a hospital for medical malpractice. However, if a particular doctor’s medical negligence is the problem, the subsequent steps would depend on the relationship that exists between the practitioner and the facility.

Hospitals and Medical Malpractice – Determining Who is Responsible Legally

It’s important to specifically ascertain who is at fault, since medical negligence happened in a hospital doesn’t necessarily mean the facility is legally responsible. A hospital, generally speaking, like any other employer, is liable for its employees’ negligence, but not for an independent contractor’s negligence.

Typically, medical technicians, nurses, support staff, etc. are employees of the hospital. In case a patient gets injured during treatment by a hospital staff, the patient could sue the facility for the physical and mental grievances accrued. However, most doctors are not employees of a hospital, but independent contractors. Therefore, if the injuries were caused due to an independent doctor’s medical negligence, the medical malpractice claim should then be directly against the doctor and not the hospital.

Timing Matters

To make sure evidence witnesses are available, and to prohibit claimants from unnecessarily delaying the process of seeking compensation for the injuries suffered, states impose stringent statutory time limits, called statutes of limitations, on the lawsuits filed. While these periods could vary across states, the window is usually one to three years, starting from the date of negligence. If the client does not file a lawsuit within this period, the claim would likely not be entertained.

Paperwork Should Be in Place

To prevent baseless medical malpractice lawsuits getting filed, many states in America now need patients to file ‘affidavit of merit’ or ‘certificate of merit’ alongside initial lawsuit paperwork. Preparing this certificate entails seeking the assistance of a professional medical witness to assess pertinent medical records and state under oath that the hospital deviated from the norm, leading to injuries. The medical practice lawyer would be familiar with such a filing requisite and other procedural protocols that the medical malpractice plaintiffs should conform to.

Seeking an Attorney’s Help

Often, medical malpractice lawsuits are tremendously complex, which makes self-representation for most plaintiffs a non-option. An experienced lawyer would assist with navigating the medical, procedural and legal nuances of a lawsuit and would retain ideal expert medical witnesses to strengthen the case.

The majority of medical malpractice lawyers function as per a contingency fee arrangement, which means the client will not have to pay the attorney out-of-pocket. The lawyer would instead get a portion of any amount the client gets rewarded within court or outside court, as out-of-court settlement.

The process of bringing medical malpractice to books and winning the case is quite an overwhelming task. But it’s all worth it in the end if there’s an actual case of malpractice, as reporting such practices would make healthcare better for other people in the future.

 

References:

https://www.medicalnewstoday.com/articles/248175.php

http://www.exploremedicalcareers.com/medical-technologist-technician/

PPC vs. SEO: What’s the Difference?

Understanding the differences between PPC and SEO are critical when you are planning your internet marketing strategies. While SEO is typically more focused on your business’s website climbing up in search engine rankings, PPC is generally focused on generating leads to your site. Below, we discuss some of the different aspects of both strategies so that you can make use of both of these tools to optimize the success of your business.

Traditional SEO Methods

SEO, or search engine optimization, is a strategy used on websites and social media profiles with the goal of having your pages appear in the top rankings on popular search engines such as Google, Bing, Yahoo and other search engine results pages (SERPs).

There are many different components to SEO for your pages, but some of the most important elements include using the right keywords, getting high-quality backlinks to your site, and providing your audience with engaging and original content. Using these strategies, your site will appear more authoritative, which helps your website move up in SERPs.

Keywords Google Loves

Using the right keywords is critical to the success of your SEO. You might think that just providing the content that your business is about on your website’s Homepage and Landing pages will make your site rank, but that isn’t always true.

When designing your keyword campaign, you’ll want to target keywords that are frequently searched by your audience. For example, let’s say you are a Family Law Firm based in Seattle. You’ll want to rank for keyword phrases such as “Seattle Divorce Lawyer”, “Seattle Child Support Lawyer” and other keywords that relate to the area you live in and other relevant family law topics.

Using this exact keyword phrase at certain points throughout your pages can help them climb up in the rankings when that phrase is searched on Google.

Why High-Quality Backlinks Matter

One of the best ways to make your website more authoritative is by having high-quality backlinks. These are formed when other websites or pages find your content relevant, interesting and/or informational, and choose to link back to your pages when developing their own content. This word of mouth between websites is an essential element of good SEO for your website.

Engaging, Original Content

Your website can only be successful if you provide your audience with content that piques their interest and meets their needs. Throughout your content, you should use your exact keyword phrase so that your page can show up in SERPs.

However, be careful not to simply string these phrases together without making sense on the page, as this can alert Google and your site will be subject to penalization.

How PPC Can Help Your Site Rank

Pay-per-click (PPC) internet marketing is used to get non-organic clicks to your site. Here’s how it works: you start a PPC campaign and ads for your site are placed strategically on other website banners, or in the top results on Google.

Each time your website is clicked on, you’ll be charged a small fee. This can be quite an effective way of generating leads, even if they aren’t organic. PPC, unlike SEO, can quickly get you the leads you’re looking for. SEO oftentimes takes significantly longer, though in the long-run will be invaluable to your site.

There are many benefits to PPC including the ability to geo-target your audience and use AdWords to ensure you have targeted relevant keywords. When you drive traffic to your site, Google recognizes this and you can expect your website to begin climbing in SERPs.

Choose The Right Internet Marketing Firm

In this day and age, having a properly optimized website is critical to the success of your business. ApricotLaw SEO and PPC can strategically optimize your website to ensure that when a potential client is searching for keywords relevant to your business, your website is displayed in the top results on Google.

Divorce and Domestic Violence

Choosing to end your marriage is always a difficult decision to make but it can be made a little easier if you have been a victim of domestic violence at the hands of your spouse.

Domestic violence in a marriage can impact the outcome of your divorce. It can affect which type of divorce you file for, fault or no-fault, the division of your property and assets, your ability to obtain spousal support, and your child custody arrangement if you have children together.

Below, we discuss what is considered domestic violence when you’re in a relationship of any kind and provide resources to those who might be enduring domestic violence at home.

Types of Domestic Violence

An alarming number of people believe that domestic violence can’t occur in a marriage or that men can be victims of domestic abuse. In fact, studies have shown that domestic violence against men is on the rise and has a great influence on the dissolution of marriages across the country.

No one should ever be a victim of domestic violence, caused by the person you’ve promised to love and cherish. There are quite a few different ways that domestic violence can manifest, including emotionally, sexually, physically, financially, psychologically and verbally.

Emotional Abuse

Emotional abuse can constitute your partner harming your relationship with those you love including your siblings, parents, children and friends, constant berating criticism of everything you do, making it seem as though you are incapable of anything you set your mind to, and even name-calling. This form of abuse can have a lasting impact on the victim’s life and often requires extensive mental health counseling to overcome.

Sexual Abuse

Someone who is being sexually abused will be coerced or threatened into sexual contact or activities without providing their explicit consent. It’s shocking how many people believe that sexual abuse doesn’t apply to married couples.

Marital rape is still rape, and one spouse forcing the other into sexual activities, treating them in a sexually demeaning way or forcing sex after a physical altercation are all forms of sexual abuse which can also be punishable by jail time and other penalties.

Physical Abuse

This area of domestic violence is most often considered when someone believes they’ve been a victim of domestic violence. Such physical violence might including hitting, punching, grabbing, shoving, biting, hair-pulling, slapping, the denial of medical care or the ability to call an ambulance or 911, and/or forcing one spouse to consume drugs or alcohol against their will.

Financial Abuse

Financial abuse occurs when one spouse is restricting the other spouse’s access to money in any way. This could be through maintaining exclusive control over money, not allowing the spouse to go to work to earn a living, or withholding money they need to support themselves.

However, this form of abuse is one of the least recognized but most utilized by domestic abusers. Many victims feel that they are unable to leave the relationship due to these financial restrictions.

Verbal and Psychological Abuse

Isolation, intimidation, name-calling, threatening to cause harm to themselves or someone else, the destruction of property and harming of pets are all considered to be forms of verbal and psychological abuse.

Domestic Violence Defined and Help for Survivors

If you believe you are a victim of domestic violence, there are options available to you to escape the danger you’re in. The United States Department of Justice defines domestic violence situations as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner”.

The law is on your side. Get the help you need to reclaim control of your life. You can reach out to the National Domestic Violence Hotline at 800-799-7233 at any time of day, every day of the week for assistance in removing yourself from the domestic violence you’re suffering from at home.

Consult with a Compassionate Divorce Attorney

If you’re a survivor of domestic violence at the hands of your spouse and you’re ready to move forward with your divorce, a family law attorney who helps with domestic violence issues can make a difference.

Your lawyer can offer you resources in your area and help you fight for all you’re entitled to in your divorce proceedings. Don’t let yourself be a victim for another moment. Take back control of your life, so you can put this trying time behind you.

Medical Malpractice Laws Protect Victims

Most people associate the term “medical malpractice” with a doctor making a mistake, but it’s a legal term that’s much more in depth than any simple definition.

Whenever a medical professional accepts a patient, they are legally bound to provide a level of care meeting or exceeding industry standards. That’s open-ended, and the medical community defines it with the question, “what would a competent medical professional have done given the same patient and circumstances?”.

It’s worth noting that doctors are not the only defendants in medical malpractice claims. Dentists, plastic surgeons, specialists, and even pharmacists may also be accused.

Even if the care provided fails to live up to industry standards, you may still not have a valid medical malpractice claim. Medical malpractice demands that the care in question caused some type of damage to the patient. In this usage, damages are also a legal term, but they have a fairly broad meaning. An exasperated medical condition, unnecessary medical bills, non-treatment of a treatable condition, emotional duress, and loss of income may also qualify as damages depending on the situation.  

There is a statute of limitations on medical malpractice claims, but it varies by state and on the claim specified. According to a study conducted in 2013 by BMJ Open, the three most common reasons for a medical malpractice claim are Failure to Diagnose, Negligent Treatment, and Failure To Warn.

Failure to Diagnose describes situations in which a medical professional failed to diagnose a patient at all, or misdiagnosed them leading to incorrect care.

Negligent Treatment refers to situations in which a mistake was made that a reasonably competent medical professional would have avoided, given the same patient.

Last, Failure To Warn deals with cases where medical professionals failed to adequately explain the risks and benefits associated with any treatment option before beginning it. Even if no other mistakes were made, a failure to obtain informed consent (wherein the patient understands the risks of any procedure and agrees to take them on) prior to treatment is enough to bring forth a medical malpractice claim.

The process of bringing a medical malpractice claim varies by jurisdiction. Some states require the plaintiff to jump through a few hoops first, such as providing the defendant with advance notice of an intent to sue, obtain a certificate of merit from a qualified medical professional attesting to the validity of their claim, and/or agree to mediation to attempt to resolve the matter without litigation.

Once that’s done, both sides share the information that they have collected in a process called discovery. You may be able to get a medical malpractice settlement at this juncture if your case is irrefutable, but otherwise you’re headed to trial.

As with most cases, the burden of proof is on the plaintiff in medical malpractice lawsuits. Both sides are expected to provide expert witnesses (meeting certain criteria defined by the Court) to testify to the quality of care provided, with either a jury or a judge deciding which side made the more credible argument.

After the trial, either side may appeal to begin a new trial. A plaintiff dissatisfied with the amount of their monetary award may sue for additur in some jurisdictions. Likewise, a defendant who feels that they have been ordered to pay too much may be able to sue for remittitur to decrease the amount.

The process is filled with legalese, but the most important thing to remember is that laws are on the books to protect the victims of medical malpractice. If you feel that you or a loved one may have been such a victim, you should not hesitate to contact a qualified attorney to discuss the particulars of your case.

 

Sources

  1. https://en.wikipedia.org/wiki/Medical_malpractice_in_the_United_States#Common_claims

Suing a Government Entity in New York

If you have been injured in an accident and a government agency is found to be liable for your damages, you will have the option of filing a claim in civil court against them to recover compensation for your losses.

Filing a civil lawsuit against a government entity in New York can be quite complicated, however which is why working with an attorney is in your best interest. Continue reading to learn more about suing the government in New York State so that you can be better prepared for what’s to come.

Filing Before the Statute of Limitations Runs Out

First and foremost, you need to make sure that you file your claim before the statute of limitations runs out in your case. In New York, this will only be 90 days from either the date of the accident you were injured in, or from the date in which you were diagnosed with injuries that were related to the accident in question.

However, if you fail to file your claim within the time limit, the Courts will bar you from being able to recoup compensation for your sufferings. Your attorney will ensure that your claim gets filed in time so that you can achieve maximum repayment in your case.

The New York Court of Claims Act

New York’s Court of Claims Act states that the state and it’s agencies or entities can be named as defendants in civil proceedings the same way that you would bring a claim against an individual. It also names some of the different types of accident claims that could be brought against them. Some of these types of claims include:

  • Medical malpractice claims – You will be able to file a claim against state-run hospitals, doctor’s offices, physicians, and other government regulated medical entities that apply to your medical malpractice claim when you suffer further injury due to the entities medical negligence.
  • Motor vehicle accidents – A claim could be brought against a government entity in two of these circumstances: one, if you were injured in a car crash and the driver of the other vehicle was engaging in dangerous driving practices such as distracted, drunk, drowsy or aggressive driving. Two, you can file a claim against the New York State Department of Motor Vehicles if the roads themselves were unsafe whether that be due to a large pothole, debris in the road, an unsecured road construction zone, or misplaced or missing street signs or lamps.
  • Premises liability claims – You can pursue a civil claim against a government agency for premises liability when you are an invited guest or if the property you are on welcomes the public and is run or owned by the state and the people they employ. This is in regards to dangerous or malfunctioning conditions on the property such as icy walkways, wet floors or unstable handrails to name a few. Your attorney will need to prove that these types of unsafe conditions were not addressed in a timely manner to establish negligence.

There are a number of other types of accident claims that can be brought against the government as long as liability can be proven. Proving liability means that your attorney needs to prove the state has been negligent in some way.

This will be done by demonstrating that the government entity caused your injuries, that the state owed and breached a duty of care to you, and that your injuries resulted in economic and/or non-economic damages.

Compensatory Damages in a Claim Against The Government

Quantifying your losses will be of utmost importance in your government claim. We mentioned that in order to establish negligence, your attorney will need to prove you endured economic and non-economic losses.

Economic damages refer to the financial losses you suffered which could include medical expenses, property damages, lost wages and damage to your future earning potential.

Non-economic damages affect your lifestyle and/or emotional state and might include your pain and suffering, loss of enjoyment of life, the effects of disfigurement, the loss of household services, inconvenience, the loss of companionship and love, and mental anguish.

Your attorney will calculate the value of your claim so that the government entity being named as the defendant in your case is compelled to compensate you in an appropriate manner.

Schedule Your Free Consultation Today

Going up against a state-run agency can be intimidating. When you’re gearing up to pursue a claim against a government entity in the state of New York, you need the New York attorneys Greenstein & Milbauer by your side. You can schedule your free claim assessment today by visiting their website or by calling the office at 1-800-VICTIM2 (842-8462).

Law and Society in Transition: Toward Responsive Law

Law and Society in Transition: Toward Responsive Law

Can law really make a difference in our lives? Law plays a major part in our lives and they can help so many people with so many things. What most people don’t know is that law and society is currently in the transition phase and it’s moving towards responsive law. For most, they don’t understand these things and certainly they don’t think it’s necessary either. However, moving towards responsive laws can be very important too.

Transitions between Law and Society

We are in the middle of a transition between law, society, and responsive laws. There are many who think these transitions are not necessary and that there is no need for these things. While it might not seem overly important now, they can be very important to say the least. Making the transition between law, society, and responsive laws is not going to be an easy one and there will be times when there are setbacks and when things don’t go smoothly. However, when the transition is complete, it might be that law and society is far more effective and impressive. In a way, society can be changed by the new laws. Click here to learn more about transition between law, society, and responsive laws.

Can Responsive Laws Be Worthwhile?

There are many who say responsive laws are useless and that there will be no real difference with them. However, that might not be the case because they can help society in a major way. What’s more, law and being in a transition phase towards responsive laws can be fantastic and certainly the best way to move forward in life. Far too many people don’t realize how important moving forward can be or how much it can help people in everyday life. There are going to be so many people can find responsive laws to be worthwhile and very useful.

Law and Society in Transition: Toward Responsive Law

How will Law and Society Work Together?

It’s sometimes hard to see how societies and laws work hand in hand with one another as at the best of times, they are constantly battling with one another! However, they can, at times, work side by side and harmoniously. It is not going to be easy to see transition between law and society and making a way toward a responsive law practice too. However, there are constant improvements to law and better ways to make the legal and justice system more effective. Working towards responsive law is not as difficult as you might think and it can be so useful in a major way. Law plays a crucial part of our world. Visit http://www.mediproseminars.com/the-lawyer-in-modern-society/ to know about lawyer in modren society.

Making Progress

Society is taking giant steps in making progress for a better and more effective community and there are also steps being taken towards responsive laws too. This might not seem overly important right now but it can help in a major way when it comes to living in a modern society and having a fulfilling life. Making progress, even a little progress can make all the difference in the world. Law and society are in the transitional phase towards responsive laws but that isn’t always such a bad thing.

Getting to Know Spiritual Laws

Getting to Know Spiritual Laws

Do you understand spiritual laws? In all honesty, we don’t think too much about these things and, in a way, we often struggle to understand them too. However, spiritual laws can be just as important as what other laws can be. Getting to know spiritual laws and how they can be used in daily life can be so useful and important for millions too. So, can spiritual laws help in daily life and what should you get to know about them too? Read on to find out more about spiritual laws and how they can help you today. Visit http://enhancinglife.uchicago.edu/blog/spiritual-laws-and-the-spirit-of-laws to learn more about spiritual laws and the spirit of laws.

The Law of Karma

What goes around comes around. This is a practice which is always preached and in a way it does show itself at the best and worst of times. Someone might treat someone they are supposed to care about badly but while they might get away with that treatment now, sooner or later they will receive their punishment. The punishment could be having someone they truly love leave them or being left alone; karma comes in a variety of forms so you can’t always know how they will come back on you. This law is really important to live by as it enables more people to be responsible and think twice before they treat someone badly. It’s something we should live by.

The Law of Giving and Receiving

Do you give in order to receive? In a way, we shouldn’t give something in order to get something back whether it’s a Christmas gift or a donation to a charity. People should want to give because they want to give and not because they look for anything in return. Spiritual laws of giving and receiving can be so important and they can be interpreted in a variety of ways. For instance, giving can enable you to give someone you can about something very special; and another can receive something they are truly thankful for. These laws might not seem much to you now and yet they can play a vital part in our daily lives.

Getting to Know Spiritual Laws

Can We Add these Laws into Our Daily Lives?

Spiritual laws play a very crucial part in daily life whether you want to live by them or otherwise. Living by the law of karma can be good as well as many other laws. Spiritual laws play a crucial part and life and they can enable you to feel better about your life. However, while some laws will be extremely easy to incorporate into life, a lot of people will struggle with them. They don’t have to be overly difficult to work with and you can find they help in a lot of areas of life.Click here to learn more about spiritual laws.

Use Spiritual Laws Effectively

Spiritual laws have played a very important part of life and thousands can find these laws work for them in a variety of ways. So, should you use them? Can they really help and will you be able to follow them? In a way, you can use them and they really do provide you with a lot of help and support too. What’s more, adding these laws into your life can be a lot easier than you think and any law can be simple to live by.

The Lawyer in Modern Society

The Lawyer in Modern Society

Have you thought about how a lawyer works in modern society? In a way, lawyers are very different from a few decades ago and the way they work is different too. Yes, lawyers have always had the same goals but their roles in modern society have changed quite a bit within the last few years. Modern times have really caused a major change in the way we view laws and how lawyers operate too. However, how have lawyers changed with modern society and how do they operate today?

Working to Ensure Ethical Practice Is Kept

Lawyers and how they operate has changed dramatically over the last few decades and today, they have to work with an ethical code. Ethics and the ethical code has constantly been on the forefront for many but in years gone by, the ethics were not as impressive or as closely kept as they are today. In a modern society, lawyers are restricted to the ethical practice and how these practices must be kept. People don’t always think about ethical codes or practices and yet this is a very important aspect of modern life and most lawyers are bound by this. It’s not just a moral factor but an ethical one. Learn more about spirtiual laws.

Members of the Law Society

What a lot of people don’t realize is that there is a law society and the law society is not actually for lawyers, but rather a society that brings together lawyers and those who require the services of lawyers. In a way, the law society can help ensure everyone is able to get the legal representation they deserve and require. For a lawyer, being a member of the law society can be so important and it’s certainly something that has to be given a lot of thought and consideration over too. You might not think about the law society and yet it has become a vital part of modern life. Click here to learn about the role of lawyer in society.

The Lawyer in Modern Society

Can a Lawyer in Modern Society Really Make a Difference?

Differences are not just made in the courthouse but also what happens outside. Lawyers don’t just represent those accused of a crime but they can help champion change in laws and how the legal system works. Really, it might not sound important or even something a lawyer can do but they do and that is very important to remember. In a way, lawyers can make a big difference to modern life and society in general. Differences can be made with lawyers and how they work within society and modern life. Visit https://www.law.berkeley.edu/research/center-for-the-study-of-law-society/conversations-in-law-and-society/ to know about Conversations in Law and Society.

Living with Modern Life and Society

The law field is extremely varied and while you might not think a modern lawyer will make any real difference, they can. Lawyers have operated for hundreds of years but today, their methods and rules are far more advanced than before. That can absolutely make a real difference for every individual whether they need their help or otherwise. Modern society has changed the way lawyers are able to work today and it’s truly fantastic to see just how much lawyers can help everyday people with discrimination.