The Facts About Medical Malpractice

Some of the worst mistakes, believe it or not, are committed by a number of very clever people in the world and in places where security and quality care are designed to be  excellent, specifically for those who are experiencing serious illnesses. The individuals responsible for grave mistakes are doctors (some of whom have been training for decades) along with the locations where the mistakes are committed to have been in hospitals, specifically surgery areas.

It can be ludicrous to listen to or read about three different doctors who injured their three patients each after making an error of operating on the incorrect side of the patient’s brain. And while having left a medical instrument inside a patient’s body (and learning about it quite a few days after the operation’s conclusion when the individual begins to experience unexplainable pains) may currently be a frequent, but unquestionably a significant, concern, how about cases where patients, while being managed on, are inadvertently set on fire? And there is whose healthy kidney, instead of the broken one, is removed (yet another situation someone elimination of the wrong testicle) or an incorrect leg being amputated.

At least 200,000 thousand instances of mistakes, resulting in serious injuries or individual departure, are registered in the list of medical malpractice every year, according to an article posted in the Journal of the American Medical Association. The actual real amount might even be more though as many additional circumstances are considered kept hidden by hospital managers and their injured patients.

Patients (and their families) have the right to learn that should they have been victims or become victims of medical malpractice. Injured patients have the legal right to file a lawsuit against their doctors. Medical errors are presumably never intended, which makes it a definitely preventable incident. Accidents or blunders, including those committed by medical professionals that are erring, are mainly because of negligence. So parties that are all liable, under the principle of legislation, have the duty of compensating their patients that are wounded for whatever consequences their acts that are unprofessional lead to.

According to the Crowe Mulvey Law Firm‘s website, tens of thousands of doctors have already been reported to have committed, and still continue to perpetrate, medical blunders, as the inspections that will prove them both guilty or innocent, remain approaching. Meanwhile, individuals can only hope that they do not find their selves underneath those doctors’ care.

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Drunk Driving Accidents: Options for the Victim

Drunk driving remains as one of the most problematic issues that occur in American roads and highways. According to data compiled by the National Highway Traffic Safety Administration or NHTSA, drunk driving has caused more than 10,000 fatalities in the year 2012. Such an overwhelming number is extremely disturbing, especially when you consider that this data is translated to an estimate that roughly 1 individual is killed due to alcohol-impaired driving every 51 minutes across the United States.

While there are strict laws against driving under the influence (DUI) and driving while intoxicated (DWI) in all fifty states in American, there are still plenty of drivers who continue to insist on operating their vehicles while having significant amounts of alcohol in their systems. Those that get caught doing this can expect to face steep consequences, such as paying a huge amount in fees and serving some time in jail or prison. However, it’s clear that these policies are not enough to curb the number of drunk driving accidents. There are still plenty of drivers who continue to put their safety and the lives of others at risk due to their negligent behavior.

The victims that do survive drunk driving accidents are often left to deal with long-term consequences caused by the incident. It’s very common for drunk driving accidents to be devastating, leaving the surviving victim to grapple with severe and debilitating injuries. In some cases, these injuries might even result to temporary or permanent paralysis. As such, it can be extremely difficult for the victim and his or her family to bounce back from an accident. Aside from the pain and trauma caused by the incident, financial concerns are common due to medical costs and other expenses. Those looking for a reprieve can consider the legal options they have available to pursue justice and receive compensation for the damages they’ve incurred.

For more information about the legalities of pursuing a case involving drunk driving accidents, visit this website.

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Hazards of the Open Sea: Top Causes of Boating Accidents

There’s a certain romance to being out in the open sea. In fact, plenty of stories have portrayed the activity of boating with mystery and allure. What can be more profound than being alone out in sea, with only nature surrounding you? Unfortunately, reality paints a darker version of such fantasies.

As records from the U.S. Coast Guard suggests, recreational boating accidents continue to cause a significant number of injuries and fatalities every year. In fact, there were a total of 4,062 boating accidents that occurred in the year 2013. In these accidents, the U.S. Coast Guard reported 560 deaths and 2,620 injuries. Their report also noted that 77 percent of all fatalities were due to the victim drowning.

Why are these accidents prevalent? What hazards can boating enthusiasts expect while enjoying the open sea? The website of boating accident lawyer N. Craig Richardson cites the following circumstances that commonly lead to such catastrophic outcomes:

Error made by operator: While it may seem like the type of activity one would take on to escape from everyday troubles, recreational boating requires plenty of preparation and training. Risks and hazards are abundant in open water. Without proper training, an inexperienced operator might not be aware of how to respond to emergency situations.

Boating while intoxicated (BWI): The U.S. Coast Guard points to boating while intoxicated (BWI) as one of the common contributing factors to boating accidents. According to their data, about 16 percent of the recorded fatalities in 2013 were caused by an operator impaired by alcohol.

Mechanical malfunction or defect in boating equipment: Boating accidents can also happen due to mechanical failure. If a boat is defective or poorly-maintained, it might not be able to withstand harsh conditions that typically happen in the open sea.

Other common causes of boating accidents include operators riding at excessive speed, capsizing, and lack of proper forward watch. Excessive speeding and capsizing (when the boat turns over in the water) can cause operators and passengers to be thrown overboard. Meanwhile, an operator without proper help from a forward watch might not be able to see certain hazards that could be in their way.

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Alumnus of the Year 2012-13 John Eddie Williams Jr. Reflects on the Path Taken

John Eddie Williams (BBA ’76, JD ’78) remembers the first time that he stepped into what was then Baylor (currently McClane) Stadium in 1972 as a freshman granted an athletic scholarship. His father and grandfather were longshoremen, and the young John did not imagine that he would one day be honored as Alumnus of the Year (2012-13) for his contributions to Baylor University.

He planted firm roots in Baylor, motivated primarily by his bond with fellow athletes unofficially memorialized in the amusing club called the Stud Ducks. It started with 31 members, most of whom remain connected to each other and their alma mater, where it all began.

Williams has shown his loyalty to the university numerous times in the past, including scholarships funds and construction of facilities in and around the university. One of his latest was as a major contributor to the project to build a new stadium despite his earlier skepticism. He felt that the money could be used for other things instead of for a facility that would be used only a handful of times a year. Head coach Art Briles called upon the successful lawyer’s love of football and his university to change his mind. Now the new stadium with a capacity of 55,000 spectators is a major benefit to the community and students alike.

Williams and his wife Sheridan are also active in charitable programs outside Baylor, such as the Goodfellows, which bestows toys to children from poor families during Christmas, and research done at MD Anderson and Memorial Hermann hospitals. His philanthropic spirit is peculiarly suited to his profession. As one of the premier personal injury lawyers in the state, Williams knows all about giving those in need a helping hand.

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No-Zone Trucking Accidents

Among the many types of road accidents, possibly the most destructive of the lot are truck accidents. These heavy-duty vehicles that share the roads with smaller cars can cause serious damage and injuries to those around them when they get into an accident. According to the website of the Ausband Law Firm, there are many ways that these trucks can get involved in an accident, and one of the reasons why they do is because of the “no-zone” areas.

Because of their sheer sizes, trucks have a number of blind spots where the truck driver is not able to see the vehicle or pedestrian. These zones can also refer to areas where smaller vehicles can be too close for to the commercial trucks which would prevent or hinder the driver’s capacity to maneuver effectively and stop safely. Many motorists are not aware of the no-zone areas of commercial trucks or are purposely doing unsafe or dangerous driving maneuvers that often result to truck accidents. Personal injury law firms have seen the great effect of each truck accident to those who have been involved in one: smaller vehicles are often the ones who take the majority of the damage and fatalities simply because of the size of these trucks. Furthermore, because commercial trucks are heavy and full of load, they require more distance to completely stop, and when collisions occur they frequently cause multiple car collisions.

What is more surprising about truck accidents is that a great majority of the fatal crashes that occurred between smaller vehicles and trucks are due to the errors or negligent driving of the smaller vehicle’s driver, and that most of these accidents occur regardless of any other outside factors such as weather, alcohol consumption, road conditions and many others. It is important for drivers of smaller vehicles to practice not only defensive driving, but also respect truck drivers no-zones so that they can have enough time to move their huge vehicles on the road and effectively avoid traffic.

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Anti-discrimination Laws Enforced by the EEOC

All qualified individuals in the US, on the basis of educational qualification, job experience, expertise, etc., have the right to equal employment opportunities. The Equal Employment Opportunity Commission (EEO), which was established by the US Congress in 1964, was given the primary task of protecting and promoting employees’ rights through the strict enforcement of Title VII of the Civil Rights Act (made into law also in 1964), which prohibits any form of discriminatory practices in the workplace on the basis of race, color, sex, religion, or national origin, and other laws that forbid job discrimination.

During the years that have passed since its enactment, a number of amendments have been made in the Civil Rights Act in consideration of the many cultural and economic changes and developments seen taking place in the US. Other laws were passed too to address other issues concerning illegal treatment of job applicants and employees. Thus, with the intent of giving worth to all individual skills and recognizing the possible contributions anyone can add to the growth of a firm, in particular, and the nation’s economic growth in general, the following amendments and laws were deemed necessary:

  • Equal Pay Act (EPA) of 1963 protects men and women from sex-based wage discrimination by requiring employers to give the same amount of pay to individuals (regardless of their gender) who perform the same work in the same establishment
  • The Age Discrimination in Employment Act (ADEA) of 1967 protects job applicants and employees who are aged 40 or above
  • Title I and Title V of the Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against individuals with disabilities, but who are definitely qualified. This covers employers in the private sector, state government and local government
  • Title II of the Genetic Information Non-discrimination Act (GINA) of 2008, which forbids employment discrimination due to one’s genetic information
  • The Civil Rights Act of 1991, which allows victims of intentional employment discrimination to claim monetary damages
  • The inclusion of lesbians, gays, bisexuals and the transgender (LGBT) in the list of classes protected from discriminatory practices by Title VII of the Civil Rights Act of 1964.

All these laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC), which also has the duty of coordinating all federal equal employment opportunity regulations, policies and practices. The website of lawyer Larry Cary gives detailed information about all the issues revolving around employment discrimination, how discriminatory acts are committed and the legal options of the victim of such acts.

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Possible Liability for Health Problems Caused by Fracking

Conventional wisdom dictates that the practice of fracking poses a health hazard for those in the immediate vicinity of the fracking site, mostly from the contamination of ground water and exposure to natural gas. However, there are no significant studies that definitely prove this; what studies there are tend to deal with a small sampling and only provide indications, not proof. This has not deterred those in the immediate area of a fracking site who have developed health problems to file lawsuits.

Fracking is the short term for a process called hydraulic fracturing where the ground is broken up by drilling and injection of fluid under high pressure in order to get at the mineral and gas deposits, which are then collected. A study by the National Institute of Environmental Health Studies entitled Environmental Health Perspectives attempted to look into the possible health issues from fracking by taking a sampling of 180 households which had ground-fed wells from a community within the proximal area of a fracking site. The study indicates that there is a positive correlation between proximity of a fracking site with skin and upper respiratory tract problems. People who lived within one kilometer of a site had a higher incidence of rashes, dermatitis, allergies, itchy eyes, and sore throats among other symptoms than those who lived further away.

While the study was not definitive, the researchers consider the matter worrying enough to warrant further investigation to determine if fracking is indeed the cause for these health problems. It was pointed out in the study that the health problems reported by surveyed household members could be due to other factors such as stress or anxiety or contamination in the air or water not connected with natural gas.

Those who are already suffering from health problems should file a lawsuit. With the help of a qualified personal injury lawyer who can present a good circumstantial case, there is a good chance of prevailing and getting compensation. At the very least, the facts of the case go into the record until such time that the health hazard posed by fracking becomes a fact rather than speculation so that the statute of limitations will not be a problem.

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Some Facts about Spinal Cord Injuries

Traumatic spinal cord injuries (SCIs) occur more frequently than is commonly known. Every year, there are at least 12,000 new cases of SCI in the US, 46% of which resulted from motor vehicle accidents. About 200,000 people live with the consequences of SCI at any one time with an average annual cost of $20,000 per patient and a lifetime cost of up to $3 million for the most severe cases.

SCI is basically damage to some part of the spinal column, and may either be temporary or permanent. In some cases where the insult to the spinal cord is resolved, the patient may recover fully and resume their regular activities after a period of recuperation. In too many cases, spinal cord damage is permanent and catastrophic.

SCI may also be attributed to surgical errors, but more commonly it is due to participation in sports, as a result of being a victim of violence, or from falls. In all cases, the injury is always treated as serious until otherwise indicated. This is because, of course, all spinal cord injuries are serious. The spine is the main relay of information to and from the brain for most of a vertebrate’s body. More info about SCI can be found on Pohl & Berk, LLP.

When negligence of a third party is suspected, immediate steps are made to determine the circumstances surrounding it to determine who was at fault and to what degree. This is important because each state recognize different rules for fault in personal injury cases. For example, San Antonio personal injury lawyers will need to determine if the client is 51% at fault, because in Texas, if the plaintiff is 51% or more at fault for an accident, they are barred from recovery in a civil lawsuit.

This can be a major problem for an SCI victim who faces a lifetime of high medical bills and lifetime care costs. It is important that if the victim is truly not at fault that it be determined with vigorous investigation.

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Unsafe Lane Changes can be Negligence

A lot of drivers have at one point or another swerved in a reckless manner to bypass a slower vehicle, evade an obstacle, or avoid missing an exit ramp. In most cases, this is done without untoward incident although it is worth a citation in most states because it is a violation of traffic safety regulations. However, more often than one would like, unsafe lane changes can kill.

This is what happened to a Chicago law enforcement probationer who was killed when his motorcycle hit a car that suddenly swerved in front of him to make a looming exit ramp. The car driver was cited, but investigations may find that he was driving recklessly and may face a wrongful death claim from the downed officer’s family. The officer was not wearing a helmet, and was declared dead on arrival at the hospital to where he was rushed.

As apparent from the articles on the website of the Pete Leehey Law Firm, P.C. and most studies on the topic, motorcycle operators involved in motor vehicle accidents are 30 times more likely to be seriously injured or killed than a passenger in a car or other more protected vehicle. Fort Worth car accident lawyers would be quick to point out that this is a fact even when the motorcycle operator is a safe and responsible one.

But it is also a fact that many motorcycle accident fatalities are single-vehicle ones, indicating some type of reckless behavior such as making unsafe lane changes on the part of the operator. A Louisville car accident lawyer would examine the scene of a multi-vehicle accident to determine the degree of fault for all parties, because Kentucky applies a pure comparative fault rule to negligent accidents, where the plaintiff’s compensation is reduced by the degree of fault.

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Two Crucial Elements in Personal Injury Lawsuits

When you are or an immediate family member is injured in an accident or as a result of a dangerous product, there are two things you need to pursue a personal injury lawsuit: documentation and the right lawyer.

It may probably be the last thing on your mind in the wake of an accident where you or someone else gets seriously injured, but it is crucial to get proper documentation if you want to make the most of your personal injury compensation. Moreno Valley personal injury lawyers will want you, if at all possible, take photos of the scene and get contact information of witnesses. You also need to make sure that you get a police report as well as complete medical records. These can be invaluable when it comes to gathering evidence against a negligent third party.

When the injury is due to a dangerous product such as defective drug, the medical history and records are especially crucial. Even with the collaboration of other people who suffered similar problems, personal injury lawsuits are ultimately, well, personal. According to the website of Pohl and Berk, the burden of proof is on you that you have been seriously injured as a result of a specific negligent act of the defendant. This is the primary thing that you will have to prove, and all of your efforts should go towards demonstrating this in a way that is irrefutable.

But, according to the website of Crowe and Mulvey, all this paperwork will be to no avail if you don’t get the appropriate legal representation. Your lawyer cousin who specializes in tax issues will not be the ideal candidate for your injury case. An out-of-state lawyer would also be inadvisable. You need a lawyer specializing in personal injury cases practicing in the state where the incident occurred. In some cases, it may even be advisable to go down to the city level, as some local restrictions may be slightly more stringent than statewide ones. A lawyer who is knowledgeable about the area where the infraction occurred can use that insight to better serve the injured party.

Keep in mind these two crucial elements in your personal injury lawsuit, and you will have an excellent chance of getting the compensation you deserve. Without one or the other, you could very well be wasting your time.

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