Suing the Hospital For Medical Malpractice

Personal Injury Lawyer

If you are injured or become ill during the course of treatment at a hospital, do you sue the doctor or the hospital? It’s a question many people ask, as they are unsure which route to take. While your medical malpractice lawyer can help you understand the details of the situation, the following are some basics to keep in mind.

Employed or Contracted?

One of the first things you should look into if you are injured by a doctor in a hospital is whether the doctor is employed or contracted by the hospital. The hospital is only liable for employees. In many hospitals, nurses and other similar staff members are actual employees, while doctors are contracted with the hospital. Because of that, you would not be able to sue the hospital if the doctor was not an actual employee.

How do you know if a doctor is an employee? You could just ask the doctor or the staff on duty. It should also be in writing somewhere, possibly in the paperwork you filled out on your first visit. Some other clues that indicate the doctor is an actual employee are if the doctor’s work and vacation hours are controlled by the hospital, and if the hospital controls fees the doctor is allowed to charge. If the doctor controls those things, he is more than likely contracted with the hospital instead.

A Couple Exceptions

As with almost anything in life, there are some exceptions when you could sue a hospital for a doctor’s negligence. If the doctor appears to be employed by the hospital, you may have a case against the hospital. This almost never happens because most admission forms are clear about the doctor not being an employee. When it does happen, it’s generally in an emergency room situation in which the hospital staff doesn’t have a chance to inform every patient that comes through the door about the doctor’s employment status.

Another exception is when the hospital knowingly allows an incompetent doctor to work at their facility. Even if the doctor is independent from the hospital, the hospital has a duty to ensure all doctors contracted with them agree to safety practices. If the doctor violates policies, hospital management should not keep him or her at the hospital. If the doctor does remain and causes harm to a patient, that patient may be able to go after the hospital.

Getting Your Lawyer’s Help

When your doctor makes a mistake, you should know what to do and where to turn. If you don’t, it’s a good idea to get the help of a medical malpractice lawyer. Contact a medical malpractice lawyer, today for assistance.

Can You Sue a Nurse Who Gave the Wrong Medication?

Personal Injury Lawyer

Most nurses work hard and do their best to avoid mistakes. Unfortunately, the professionals that take care of patients in the hospital are only human and can and do make errors. When a nurse gives the wrong medication, it might be considered medical malpractice. There are a lot of variables that determine whether you can sue the nurse of not.

Improper administration of medication can occur when the nurse doesn’t give the right dose or doesn’t even give the medication. It could also occur when the medication is given improperly, such as injecting the medication into the muscle instead of a vein. The mistake could also be that the nurse injects the wrong patient.

How to Prove Medical Malpractice by a Nurse

Medical malpractice cases rest on four elements. First, the nurse must owe you a standard of care. Next, it has to be shown that the nurse failed to uphold that standard of care. Third, the nurse had to cause your injury by action or inaction. Finally, you have to show that your injury caused damages.

For example, if the nurse gave you the wrong medication but there wasn’t an adverse affect, you may not have a claim. The most difficult aspect of a nursing medical malpractice claim may be in demonstrating that there was a direct cause and effect by the nurse’s actions. You may have to bring in medical experts who can draw the conclusion that your injuries were the result of the nurse’s actions.

Who Do You Sue?

While you may bring a malpractice suit against the nurse directly, you may also have a claim against the hospital that employed the nurse. If the nurse acted under the direct supervision of the doctor, you may have to bring a lawsuit against the physician. The insurers of the parties involved may fight over who was liable and who is responsible (if anyone is) for your damages.

Have You Been Injured?

Not all medical mistakes are malpractice. You may have a good claim to receive recourse, but it won’t be an easy task. You will need to manage many different elements of the claim to show that the mistake was negligent.

Medical malpractice laws are highly complex and very technical. Laws vary from state to state. There are many elements involved in claiming malpractice. It’s advisable to have a medical malpractice attorney review your claim to determine the best steps to take to protect your rights and demonstrate that the case is malpractice.

How Long Before You Can Get Paid for a Worker’s Compensation?

Construction Accident Lawyer

Aside from medical expenses, lost wages is the biggest concern for workers who are ill or injured because of their work. Unfortunately, there are a number of confusing rules and regulations, many of which are designed to benefit the employer. States differ on what they require employers to do, but here are some general rules of thumb.

Make Sure You’ve Filed a Claim

Worker’s compensation guidelines (and common sense) tell you to get medical treatment before filing a claim. But don’t delay in filing a claim. You may have seen a company doctor and been provided treatment, but you need to ensure that you or someone on your behalf have filled out the necessary claim forms to get the claims process started. If you’re being rushed into signing any type of waiver or release during this process, don’t sign anything until you talk to a lawyer.

You May Not Be Covered for a Short Period of Disability

States have a variety of laws in this area, but in general you should be prepared for a time period of 3-7 days of work that you might not get paid for if your recovery takes less time than that. If in doubt, contact an attorney to find out what the law is in your area. Don’t take your employer’s word for it.

Processing Your Claim Will Take Some Time

Naturally, the employer and the worker’s compensation insurance company will take some time to process your claim. During this time, you may receive medical care, but lost wages will not be paid out under the policy until they investigate your claim. After the claim has been processed, they have a certain number of days to start making payments. These payments may not be under the same schedule as your regular payroll.

Don’t Expect Full Wages

Most states don’t require employers to pay the full amount of worker’s regular wages while they are out recovering from an illness or injury caused by their work. Typically the amount paid out is about 66 percent. It’s important to be aware of any different requirements the employer may have if you have become temporarily or permanently disabled, as these may up the percentages or even entitle you to an award above what your wages would have been. You should contact an attorney to ensure that the employer is treating you fairly.

Most employers want to help you get back on the job as soon as possible, but be careful that your rights are being respected. 

If you have sustained an injury in a construction site accident and you believe your employer was negligent, it is essential that you contact a workers’ compensation injury lawyer from Law Offices of Franks, Koenig & Neuwelt , immediately so a legal professional can examine all the options available to you. 

Are Sobriety Test Mandatory?

Drunk Driving Lawyer

If you are pulled over, are you required to take a sobriety test? This is something you should know before you are pulled over. It can be a terrifying thing to have those lights appear in your rear view mirror and for the police officer to ask you to get out of your car. It is vital to know what your rights are in advance, so you can act rationally and calmly in the moment. If you have already been charged with a DUI, the first thing you should do is hire a DUI attorney.

Are Sobriety Tests Mandatory?

So, the big question is whether or not you are required to take a sobriety test. This includes the breathalyzer, as well as any other test. This includes blood tests, urine tests, and challenges that test your physical or mental abilities. You may be surprised to learn that you are almost never required to take a sobriety test. There are only three situations where an individual is required to take a sobriety test:

• The individual is under the legal drinking age
• The individual is on probation for a DUI
• The individual has already been arrested.

Let’s go through these one by one. The first is quite simple. If you are younger than the legal drinking age, you must always take a sobriety test if an officer requests you to.

Second, those who have been found guilty of a DUI in the past and are now on probation for this charge must also take a requested sobriety test. This is also a simple concept.

Finally, after you have been arrested, you can be required to take a sobriety test. Remember, you cannot be arrested without probable cause, and a failed sobriety test counts as probable cause. If you do not take the test, it may not be possible for an officer to arrest you.

Should You Take a Sobriety Test?

As you probably suspect, it is never in your best interest to take a sobriety test unless you find yourself in one of the above situations. You may be thinking that a sobriety test can prove your innocence, but this is never the case. It is impossible for a passed test to prove innocence, but a failed test can prove guilt. The test results are also subject to the officer’s interpretation. These facts make it dangerous to take any sobriety test. If you are legally required to take it, however, you should not resist. A DUI attorney in DC can tell you more.

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and mandatory sobriety tests.

Avoid These Bad Faith Tactics from Auto Insurance Companies

Car Accident Lawyer

Getting into any auto accident can really set your life back personally and financially. Many car accident victims go through insurance companies to receive compensation for their losses stemming from the accident. However, while it may seem as if the insurer wants to help you, it’s important to remember that the insurer is primarily focused on what is the most beneficial outcome for them and not you.

Sometimes, insurance companies engage in what is known as “bad faith” tactics. These are tactics they try to employ to avoid paying you the entire amount of your valid claim.

Delaying at every turn

The insurance company may delay sending payment or even making offers. The idea here is to frustrate you so you accept a lower offer later because you are paying out-of-pocket medical bills and other costs and need the money.

Failing to conduct a proper investigation

An insurer may only look into some of the accident and use those partial factors to determine how much money to offer you. In reality, they should conduct a thorough investigation to determine what a complete and reasonable settlement offer would be. Without all the facts and elements of the accident examined, the insurer will not have a complete picture of what happened and cannot set a proper value for your damages.

Offering a low-ball offer

After the car accident, an adjuster will work on your claim to determine how much the insurer will offer. Often, this first offer is a “low ball” that is far less than what you should receive to fully recover from the accident financially.

What to look out for

You need to be aware of the red flags that may indicate the insurer you are dealing with is acting in bad faith. They may press you for a written or recorded statement or try to have you sign documents that are necessary to start your claim. These documents can harm your rights. Be aware that any statement you make to an insurer could be used to damage your claim, so never give a statement unless your attorney is present.

You will need to look for signs that the insurance company is acting in bad faith. The adjuster may press for a recorded or written statement or even prompt you to sign certain documents that are not necessary to process the claim. Some of these documents involve waiving the right to sue or pursue more compensation based on all factors of the claim. If you sign a blanket medical authorization, for example, the insurer can get your medical history and try to say your injuries were from something else.

Never give a statement to the insurer without your attorney present. What you say can be used against you later to damage your claim. If you do not have an attorney yet, contact one as soon as you can. Your car accident lawyer in Denver, CO will be prepared to handle an insurer who is acting in bad faith when it comes to your claim.

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and dealing with insurance companies after a car accident.

Safe Alternatives to Driving While Intoxicated

Car Accident Lawyer in Memphis, Tennessee

The decision to get behind the wheel of a car and drive intoxicated is often a poor lapse in judgement. For some, doing so can become the norm. Some drivers regularly make the decision to drive intoxicated. Although there are a number of reasons for this, none of them warrant or justify the risk driving drunk can pose to not only the driver, but others on the roads. 

Each year, drunk driving claims thousands of victims. In 2016, more than 10,000 fatalities from car accidents involved drunk driving. This made up nearly 28% of all fatalities on the road that year. The consequences of a DWI, and the risk to others on the road can be easily mitigated when a driver accesses safe alternatives when intoxicated. Next time a driver considers getting behind the wheel after overindulging in alcohol, it’s always best to make alternative plans to getting behind the wheel and driving:

Call an Uber, Lyft or Taxi Service

Contacting a company to transport you to your destination may ensure that you arrive safely. Not only is it easy, with technology today people rarely have to spend time looking up phone numbers. The yellow pages are a thing of a past when it comes to hunting down a professional to drive a person home. Many companies, such as Uber or Lyft even offer a phone app that allows for the person in need of a ride to handle the transaction entirely from their phone. Some of these services may not be available depending on a person’s location. It’s important to pre-plan whenever possible and secure availability prior to the precise moment you are in need of a ride. The last thing a person wants is to find that companies like Uber or Lyft do not have drivers in your area. 

Appoint a Designated Driver

When going out with friends for a night on the town, do you appoint a designated driver? Appointing a designated driver, whom you can trust to refrain from drinking for the night can be a safe option for a group. It’s important to be sure that the person volunteering to drive is someone you know will be able to resist the temptation to consume alcohol. Make a clear plan at the beginning of the night before people become intoxicated. Knowing what to expect can help to prevent any problems or confusion over who was supposed to carry this responsibility. 

Stay the Night

If you find that you are stranded, or are unable to find a way home, don’t take getting behind the wheel intoxicated as the only option. Driving drunk should never be an option. Make plans to stay at a friend’s house or walk to a nearby hotel. The decision to drink can be more costly than putting yourself in a hotel room for the night. 

Walk 

If you are close enough, it is safe enough, and the weather is appropriate, walk home. This can be a good alternative for people who live conveniently enough to be able to do so. However, those living in colder climates should take care in ensuring they have the ability to make it home safely, as winter conditions can be unsafe for someone walking home. 

Public Transportation

Take advantage of public transportation in your area. Is there a subway or metro available for you to take? Most cities, even smaller ones have some form of bus transit. It’s important to note that you may want to look into this ahead of time to ensure that public transportation will be available to get you to where you need to go, you understand how to use it, and it runs during the hours that you need it to. 

In an instant, one bad decision can be life-changing, not only for a driver who has received a DWI, but for victims. Accident victims stand to face grave consequences at the hands of drunk drivers. Consequences that they may carry with them for a number of years. As an accident victim, the idea of being left to pick up the pieces to tragic events that were beyond their control can be disheartening. For victims facing damages, contacting a car accident lawyer in Memphis, Tennessee may be the proper recourse for securing the compensation they may be entitled to. 

Call Patterson Bray for their insight into personal injury claims and alternatives to driving drunk.

Can Employees Receive Workers’ Compensation After an Old Injury Is Aggravated?

On The Job Injury Lawyer

If you suffer an injury at your current place of work, you will probably look into workers’ compensation quickly. What happens if you had a condition or injury to start with? What if you have an old injury and your new tasks aggravated it? Given how common this is, it’s important to know if you have a claim.

Pre-Existing Conditions Without Prior Claims

It’s not unusual for employees to have pre-existing conditions. Sometimes, these conditions happen naturally, through aging. In other circumstances, these conditions may be due to injuries sustained in an employee’s personal life. For example, if you used to play sports and suffer from a sports-related shoulder or arm injury, then you may end up aggravating the old injury at work.

If you have a pre-existing condition, it does not count you out in terms of whether or not you can receive workers’ compensation. Instead, you can still receive your benefits to account for how your situation became worse. You will have to have your doctor evaluate you to figure out if your job-related duties worsened your condition. You may want to see a doctor that is used to working with injured employees, because he or she will be able to use the language necessary to describe your condition. This is better when it comes to filing your claim.

Pre-Existing Conditions With Prior Claims

Have you filed for workers’ compensation before? Sometimes, a person will file a claim for an injury and then will injure the same area again later. Now, if you filed a claim for the same body part, you may see a reduction to the workers’ compensation claim. Now, your employer may still have to pay for all of your treatment. Still, you may only receive compensation for the increase in your impairment. In the case where you may have permanent damage, you can receive permanent partial disability.

Make sure that you talk to your doctor about the difference between aggravation of an old injury and a new injury that involves the same parts of your body. Your doctor will need full access to your records regarding your previous condition. It’s crucial to determine if you aggravated an old injury, if it’s getting worse or if you’re claiming a new injury.

If you have a pre-existing injury and it becomes worse at your current job, then you can still claim it. Any injuries or worsening condition that you suffer while you’re working your job could be covered under workers’ compensation. To receive peace of mind, contact a workers compensation attorney Brooklyn offers today to find out if you have a case.

Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and old injuries.

Types Of Divorce: Fault And No-Fault

Family Lawyer

In some states are two types of divorce: fault and no-fault. A no-fault divorce decree can be entered into fairly easily on the grounds that there are irreconcilable differences or the union is irretrievably broken. In such a case, both spouses would have to agree to that in order for it to move ahead smoothly.

A fault divorce requires proof that the other spouse has participated in one of six undesirable behaviors during the marriage. They are imprisonment, desertion, adultery, bigamy, indignity, or cruel and barbarous treatment. In some of these divorce cases, the defendant will fight the decree, so proof must be made.

The Benefits of Proving Fault

Though some couples can get through a divorce amicably and without pointing fingers, there are others who just can’t do it for one reason or another. If your case calls for proof, there are some benefits you could take from it. They include:

• A Quicker Settlement – If you can easily prove fault in the other spouse, the final divorce decree may be settled more quickly, allowing you to move on with your life.
• More Favorable Custody Agreements – If there are children involved in your divorce and you are able to prove fault in the other spouse, you may end up with a more favorable child custody arrangement since the other person unnecessarily dissolved the relationship.
• More Favorable Financial Support – Whether you’re seeking spousal support, child support or both, proving fault can sometimes play a big role in helping you get what you feel you’re entitled to.
• More Favorable Asset Distribution – If you have assets that need distributing, such as a house, bank account or real estate, proving fault could give you a more favorable outcome in obtaining what you deserve.

Getting Professional Help

If you or your spouse plan to file for divorce, consider your options. A no-fault divorce might be a quicker way to settle the situation, but you could end up with less than you feel you deserve. A fault divorce might give you a more favorable outcome, but it could be more difficult to prove. In any case, getting the help of a professional is the first step you should take. Dealing with divorce on a regular basis, your family lawyer can help you determine how to proceed.

Contact a Lawyer Today

Whether you’ve just been served or plan to file yourself, know that proof doesn’t have to be given for a successful divorce, but it could offer some benefits. For help with your divorce, contact a family lawyer today.

In a Pedestrian Accident? Here’s What to Do

Pedestrian Accident Lawyers

Auto-pedestrian accidents are common across the US. When a pedestrian is struck by a car, they are in a more injury-prone position because they lack the safety afforded by a car to an automobile driver.

If you were hit by a car, truck or bus while on foot, you may be able to receive damages for your injuries, pain, suffering, and losses stemming from the accident. Of course, you may not know what to do next, so here is a look at what actions you should take if you find yourself in this situation.

Get treatment first

It might sound obvious, but you should see a medical professional to get checked out for injuries after an auto-pedestrian accident. If you were treated at the scene of the accident, be sure to schedule a visit with your doctor and follow your doctor’s instructions for your treatments.

Should you have declined medical care at the accident site, you can still have yourself checked over now. Sometimes, injuries don’t show up right away after an accident. If you delay care too long, you may end up having a longer recovery time or other complications.

Talk to the driver’s insurer

Report the accident to the driver’s insurance company immediately and start a claim for the accident. However, don’t give them more than the dry specifics of what happened, such as who you were hit by, where and when it happened.

The insurer will likely try to get you to give them more information, including whether you’ve seen a doctor. You don’t have to give them all this information when you are opening a claim. They want your full account of what happened so they can find ways to use it against you later, when they are deciding the amount of your claim. Speak to an attorney before you talk to the insurance company again after filing the initial claim.

Document all your losses

All expenses related to the accident that you have will need to be documented. All of your medical bills, lost wages—you can get a statement from your employer for this—and anything else tied to your accident that cost you money should be tracked. The insurance company and your attorney will need copies of all of the losses you incurred because of the accident.

Speak to an attorney

While the driver’s insurance company may seem to care about you and really want to help you, they actually want to settle your claim as fast as they can and for the least amount of money possible. If, for example, you end up with a long-term injury, it could cost you for years to come, so it’s not in your best interest to immediately settle your claim.

Experienced pedestrian accident lawyers will guide you through the process, deal with the insurance company, and have a realistic idea of the true value of your claim. Instead of having to worry about it, you can focus on your recovery instead when you have an attorney working for you.

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and pedestrian accidents.