Understand Informed Consent in Medical Malpractice Cases

Understanding Informed Consent in Medical Malpractice Cases

As a patient, you have the legal right to be advised of major risks before undergoing a medical procedure. If your physician failed to inform you of those risks and you subsequently suffered harm then you may have the basis of a medical malpractice claim. Ultimately, you may be best served by first consulting a medical malpractice lawyer to determine if your circumstances merit legal action against your physician. If your claim is strong enough to pursue, we can assist you in filing a personal injury claim with your doctor’s insurance company. If the carrier refuses to pay you a fair settlement for your damages, a medical malpractice lawyer from our firm can escalate the claim to a lawsuit. Our experience in the courtroom and our record of successful cases is often sufficient to convince an insurance company to return to the bargaining table.

Informed Consent

A doctor has the legal, ethical, and moral responsibility to provide their patients with the information necessary for the patient to make informed decisions about … Read the rest

Should I Hire a Lawyer After My Motorcycle Accident?

Should I Hire a Lawyer After My Motorcycle Accident?

If you have been involved in a motorcycle accident, you likely have many questions. One of the big questions is probably whether or not to hire an attorney. Most accidents involving a motorcycle are destructive and require the involvement of insurance companies and legal action of some sort. In such case, it is vital to hire an attorney, because they have the experience and knowledge to ensure your rights and interests are protected. Even if the destruction is minimal, it is wise to speak with an attorney to obtain proper guidance. Below are some common questions in regards to hiring a lawyer.

What if I can’t afford to hire a lawyer?

For many people, the main reason for not hiring a lawyer is because they think they can’t afford to. If you believe you are unable to afford a lawyer, you may be surprised to know that having a lawyer can actually benefit you financially.

•         Many motorcycle accident lawyers will offer a free consultation where they will review your case and

Injured while travelling on an airplane

Your Rights as an Airline Passenger

For so many, just the thought of air travel is stressful. Imagine after getting up the nerve to fly, there is some turbulence and an overhead compartment that was not secure comes open and a piece of luggage falls on your head. Unlikely? Probably, but not unheard of. As a result of getting hit in the head you have to go to the hospital to check out your injury. Because of the time spent at the emergency room, you missed a very important meeting, or your cruise sailed without you, or you missed a connecting flight. What recourse do you have?

If you have questions about your rights as a passenger and how to make sure the airline is held responsible for their negligence, contact an experienced personal injury lawyer. Also contact the Federal Aviation Administration (FAA) to report your issue.

In-flight injuries do not happen very often, depending upon how the accident happened will determine if you have any legal claims available to you.

Most of the in-flight accidents occur when luggage … Read the rest

Truck Accidents Caused by Reckless Driving

The Threats Posed by Large Trucks

Even if a truck driver is awake, sober, and alert and paying full attention to driving their large truck, these huge vehicles can be a threat to a passenger vehicle on any of the roads and highways in which they share. On average there is roughly around 250 fatalities per year that involve large, commercial trucks and passenger vehicles that were caused by reckless driving. There are state and federal regulations which impose certain duties that truck drivers are supposed to follow. These standards are supposed to establish a standard of care to others on the road. However, truck drivers often do not live up to these regulations and standards. When a truck crashes due to reckless driving, the truck driver is overwhelmingly unharmed in the accident. Research has found that less than 20 percent of injuries or fatalities, that relate to truck accidents caused from reckless driving, are the truck driver.

If a truck driver is driving his vehicle in a reckless way with no regard to the safety of the cars around … Read the rest

Determining Real Property

Determining Real Property

Real property is one of the biggest factors in determining if an estate will go through probate in California.  As an estate planning attorney, my goal is to prevent the need for probate by ensuring that any real property you own has a line of succession.  This is usually in the form of a Trust Transfer Deed because it all but guarantees that your real property will not be subject to probate, thereby ensuring that your property will be distributed per your wishes without the costly delay of the California probate process.

As recent as two years ago, California passed a law enabling individuals with real property to create a line of succession for their property through a Transfer on Death Deed.  While this document is faster and potentially more affordable, but there are some serious drawbacks to a Transfer on Death Deed. If ownership of the property is transferred using a Transfer on Death Deed, when the property is put on the market for sale, title companies will not issue title insurance for that property. The … Read the rest

Tennessee School Bus Driver Found Guilty in Fatal Crash

Tennessee School Bus Driver Found Guilty in Fatal Crash

A school bus driver from Tennessee has been found guilty in connection with the deaths of six elementary school children in a crash from November of 2016, reports CNN.

At the time of the crash, driver Johnthony Walker had 37 Woodmore Elementary School students on his bus, which flipped over and hit a tree, killing six students between the ages of six and ten. Walker was originally facing 34 charges in connection to the crash, including multiple counts of a vehicular homicide, but he was found guilty on lesser charges of criminally negligent homicide in each of the six deaths. In addition, he was convicted of 11 reckless aggravated assault counts, seven assault counts, reckless driving, reckless endangerment and using his phone while driving.

Over the course of the trial, prosecutors alleged that Walker was going more than the 30-mile-per-hour speed limit in the area and was actually on his cell phone when the bus left the road. Walker, in his defense, said that he had to swerve to avoid a … Read the rest

Proving Negligence in Medical Malpractice

How does one prove negligence in a medical malpractice case?

This is probably one of the single most difficult tasks in the civil system because we start with the assumption that doctors are not perfect in their practice, and that can be hard to digest. Often times, individuals are not sure if they have experienced medical malpractice. This article is intended to help you discover if you have a medical malpractice claim, and the necessary materials you will need to pursue it if you choose to. There are a few things that you have to prove in order to pursue a successful medical malpractice claim:

1. The standard of care was compromised and not adhered to properly. Doctors are humans just like everyone else and they are not expected to be perfect. However, they are expected to be reasonably competent. In other words, they have to meet the standard of care expected of a healthcare physician, so you will need to find a doctor who is willing to testify about what the standard of care typically is.

2. The next … Read the rest

Why is the insurance company low balling me and my injury claim?

Navigating Insurance Claims

Victims of negligence who attempt to navigate through the world of an insurance claim without a Little Rock personal injury lawyer are often bewildered at the amount of time expended, the delays in decisions, the records necessary for evaluation of the claim, and the seemingly insensitive small offers sometimes extended.  There are some things to keep in mind to understand why you feel like this.

Insurance Companies are in business to make money

You may be under the belief that an insurance company is in business to settle claims for injuries, damages, and losses. While that is a nice thought, the reality is that settling claims for compensation is not the primary reason an insurance company is in business.  An insurance company is primarily in business to make money for its shareholders. Reality is that an insurance company increases its profits, and enhances the amount of money paid to shareholders, by decreasing the amount of money paid out in insurance claims.

The objective of an insurance company to decrease claim settlement and increase profits means that it … Read the rest

FAQ: Birth Injury Rights

FAQ: Birth Injury Rights

A birth injury occurs when bodily damage is caused to a newborn before, during or after being born. Legally, a birth injury can refer to injuries sustained while in the pregnancy stage as well. Below, we go over common questions patients may have when it comes to information and legalities surrounding birth injuries.

What are Birth Injury Conditions?

There are many scenarios and injuries that can be associated with poor medical practices. The most common birth injuries can include the following:

• • Brachial Plexus Injury (Erb’s or Klumpke’s Palsy)

• • Cerebral Palsy (impaired motor function)

• • Spina Bifida (failure of embryonic neural tube to seal before birth)

• • Premature Birth (due to overdose of folic acid)

• • Cerebral Ischemia (reduced blood flow)

• • Pulmonary Hypertension (difficulty breathing)

• • Cephalohematoma (bleeding surrounding skull due to improper use of forceps or other birthing tools)

• Intellectual Disability (due to trauma during labor or delivery)

What are Signs My Doctor is At-Fault?

If any of the above birth injury conditions were diagnosed of your baby, your doctor or medical team may be at fault. Additionally, if you … Read the rest

Applying for Disability Benefits After Fighting Lyme Disease

Applying for Disability Benefits After Fighting Lyme Disease

You probably already know that Lyme Disease is a bacterial infection transmitted by a deer tick bite. You may also know that Lyme Disease may remiss and then exacerbate later on and that someone infected with Lyme Disease may be facing symptoms that leave them unable to maintain employment. If you cannot work due to your symptoms and are deciding if you should apply for disability, read the general information below to gauge your situation.
Symptoms of Lyme Disease Can Disable
The severity of Lyme Disease SYmptoms can vary between the afflicted, but there are some general symptoms that present themselves in three stages. They tend to get worse as they go untreated, so be sure to visit a physician right away.

STAGE ONE: DAYS TO WEEKS AFTER BITE

1. 1. Symptoms begin to appear.

1. 1. Headache, body ache, and flu-like symptoms begin to present themselves.

1. There is a telltale bulls eye rash that typically develops where the bite occurred at this stage.

STAGE TWO:  WEEKS TO MONTHS AFTER BITE

1. 1. More severe muscle