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 their healthcare. A medical malpractice lawyer might explain that this is informed consent. Examples of the type of information that a doctor should share with their patient include:

•         A description of the treatment or procedure that the physician is considering providing to the patient.
•         The reason for providing that treatment or procedure, which should include the optimum outcome.
•         Information about the potential complications and key risks associated with the treatment or procedure.
•         The availability, if any, of alternative treatments or procedures and the risks and potential outcomes.
•         How likely it is that the suggested treatment or procedure will be successful.

Making Healthcare Decisions

As the patient, you should have been provided the occasion to ask your doctor questions about their treatment or proposed treatment for you. You should also be given some time to consider your healthcare decisions.

Assessing Informed Consent

In determining if you have a valid medical malpractice claim, your medical malpractice lawyer may ask these questions:

1.       Would most reasonable doctors have disclosed the risks of the proposed treatment or procedure to their patient?
2.       Would most reasonable patients have declined the proposed treatment or procedure if they had been advised of the risks?

Exceptions to the Rule

Informed consent is not necessary in all circumstances. Specifically, if the patient is unconscious and they must be treated due to the emergency nature of their condition, the physician can act in order to try to save the patient’s life and does not require consent. (This assumes the patient is not a minor child and their parent or guardian is present.)

Establishing the Connection Between Lack of Informed Consent and Your Injury

When a physician does not receive informed consent from their patient prior to providing them with treatment, as long as the patient is not harmed, the patient does not have grounds for a medical malpractice claim. For it to be valid, there must be a clear connection between your injury and your lack of informed consent. Your medical malpractice lawyer may need to prove the following:

•         If you had received the information regarding the risks and other issues, you would not have consented to the treatment.
•         The injury you suffered was a known risk associated with the treatment, but you were not informed of that, and most reasonable physicians would have done so.

If you have concerns that you were the victim of medical malpractice, contact a skilled attorney, like a medical malpractice lawyer, to schedule a free case review.

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 determine if you have a strong claim
•         Lawyers usually work on a contingency fee basis, meaning you will not have to pay anything upfront. Instead, a percentage of your settlement will go to them
•         If the lawyer does not reach a settlement and you lose your case, you are not required to pay the lawyer
•         The percentage of your settlement that goes to the lawyer will usually be less than what you would have received had you not had legal representation

Won’t my insurance company protect my rights?

Many people believe that having insurance coverage means that the insurance company will handle the accident and that no legal representation is necessary. While insurance companies are required to comply with the terms of the policy and pay the necessary claims, they are also a money-making business. This means that they will usually do what they can to pay as little as possible. A lawyer, like a motorcycle accident lawyer relies on, has a legal obligation to advocate on your behalf, and they will work to reach a fair settlement.

Do I need a lawyer if the accident was minor and I didn’t sustain injuries?

Accident victims often believe if they were not injured or little damage was done in the accident, there is no need to hire a lawyer. Even if you appear to have sustained little or no injuries from the accident, more serious injuries may surface later. For this reason, it is important to seek medical attention regardless of the severity of the accident. It is also important to seek legal counsel in case you have sustained injuries so that you are able to recover damages from the at-fault party.

A motorcycle accident can be very stressful, especially if injuries and severe damage are involved. Hiring an experienced motorcycle accident lawyer can help relieve much of the stress by handling the legal matters at hand. He or she can review your case and help make a strong claim. In addition, they will negotiate a fair settlement all while protecting your rights and interests throughout the case.

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 falls from the overhead bins. Injuries from rolling food carts are not all that uncommon either. The cart can run into passengers arms or shoulders as they roll by. Turbulence-related injuries occur on average to about 75 passengers per year.

Airlines are not responsible for injuries that happen because of an ‘act of God’, which is defined as unplanned occurrences in nature that are unpreventable A common act of God would be turbulence. An injury caused by turbulence is usually not the fault of the airline, as they cannot predict this condition, so long as the flight crew provided necessary information and instruction to protect passengers as best they could.

However, if the pilot was aware of oncoming turbulence and did not pass along the information to the passengers, the airline could be charged with negligence should there be any injuries caused by the turbulence. Furthermore, if the attendants did not

• • instruct passengers to stay in their seats with their seatbelts on,

• • securely stow away any personal items,

• Position their seats in an upright position

and then someone is injured because of the turbulence, the airline may be held accountable.

If you were injured when baggage fell from an unlatched or incorrectly latched overhead bin, research needs to be done to determine whether the bin came open as a result of negligence from the attendant, or because the bin clasp was defective. If a design flaw caused the bin to come open during the flight, a claim may be filed against the manufacturer of the bin instead of the airline.

Another example of an accident that may have more than one cause if someone falls while on the exit ramp and it is discovered that the ramp had a rise in it that caused someone to trip. The ramp itself may have a manufacturing defect and the passenger can file a claim against the company who made the ramp. On the other hand, if the airline knew about the problem on the ramp and failed to warn passengers, the airline may also be held liable.

If you have questions about an injury you received while on an airplane, contact personal injury attorneys near you to discuss your situation and determine who was responsible for your injury and how they can help.

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 them, the chance of having a serious accident greatly increases. A large 18-wheeled truck can be nerve-wracking to drive next to all on its own, however, when a truck driver uses their truck to antagonize drivers on the road, it goes from being a traffic violation to a criminal offense.

What does reckless truck driving look like?

Reckless driving is fundamentally different than careless driving or negligent driving. Unfortunately, the outcomes of these poor driving events are usually similar. A careless driver, or negligent driver, is one who does not pay enough attention to other vehicles or to the road. A reckless driver is one who intentionally does not follow the rules of the road and acts aggressive. A driver’s actions are considered aggressive when there is a combination of traffic violations that can cause harm to those around them. Examples of this include:

• Speeding
• Failure to yield the right of way
• Tailgating other vehicles
• Passing other trucks or cars aggressively
• Cutting off other cars or trucks while weaving in and out of cars in traffic aggressively
• Starting their trip without inspecting the truck, cargo, or emergency equipment
• Failing to secure a load that could become loose
• Talking or texting on a cell phone while operating a large truck
• Driving while tired
• Driving beyond the time limits that are set by federal and state rules
• Driving under the influence
• Backing up without checking for other vehicles
• Stopping suddenly on the shoulder of the road without warning
• Making sharp turns without leaving enough space

The US Department of Transportation and the Federal Motor Carrier Safety Administration have created a program called Ticketing Aggressive Cars and Trucks, TACT. The goal of TACT is to lessen the amount of unsafe driving behaviors by both passenger vehicles and commercial truck drivers. It was also created to reduce how many large truck accidents occur and to lessen the amount of injuries and fatalities that occur on the roadways. If you feel you or other cars are in immediate danger because of a truck accident due to a truck driver’s reckless driving, you should always call 911 to report it. If, however, you are in a big truck accident and it is the truck driver’s fault, you should call a competent and experienced truck accident attorney in Atlanta, GA or locals right away to make sure that you are fairly treated.

Thank you to Andrew R. Lynch, P.C Attorney at Law for providing their insight on car accident injuries and authoring this piece.

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 pamphlet created by the Sacramento County Public Law Library does a great job of outlining the basics of a Transfer on Death Deed, but it does not discuss all of the issues that can occur if you chose to use this document instead of a revocable trust funded with your real property.

If you have property in California, it is very important that you discuss all of the options when creating your estate plan to avoid the probate process. Work with an experienced attorney such as the Estate Planning attorney locals turn to.

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 vehicle that entered into his lane and was not on his phone when the accident occurred.

Walker’s defense attorney asserted that the case was not investigated properly by local police, particularly when it came to the white vehicle the bus driver said he had to go off the road to avoid, but investigator Joe Warren disputed those claims on the stand during the course of the trial. According to Warren, Walker was going at least 50 miles per hour when the bus left the road, according to tire marks at the scene and the testimony from witnesses who were in the area at the time. It was also discovered that Walker was not on his designated route at the time of the accident. Walker did say in court that he had a route sheet from older drivers, but the route had since changed because students had been taken off or added to that route.

Prosecutors also said the bus driver was on his phone with a co-worker from his second job, Takiesha Nixon, for four minutes before the accident happened. Nixon testified that as soon as she realized Walker was driving the bus while they were talking, she ended the call. She said that she didn’t learn about the deadly crash until later.

At the time of the tragic accident, Walker was just 24, and the horrific event caused the state to pass a law that changed the minimum bus driver age to 25. This law just went into effect on January 1, 2018, and it also increases the state’s oversight regarding transportation of students. This accident also incited calls for a seat belt requirement on school buses, and a state representative introduced a bill that would have had all buses in the state equipped with a restraint system by mid-2023. That bill has since been removed from consideration.

Bus accidents can have horrific consequences for riders and people nearby, especially when the driver behaves recklessly or negligently. Speak to an attorney, like a bus accident lawyer Denver CO residents rely on,  if you’ve been injured in a bus crash.

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.

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 thing you will need to prove is that the doctor breached the standard of care. In other words, did the doctor do something that a reasonably competent doctor do? If the doctor did any of the following, you need to provide some sort of proof (documents, video, audio):

• • Failed to inform you of costs

• • Failed to make sure you were under anesthesia before operating

• • Sexually harassed you

• • Did not inform you of potential risks

• • Left something inside of you during surgery

• • Operated on the wrong side of you

• • Failed to diagnose you properly

• Prescribed you the wrong medication

3. The third thing you will need to prove is causation. This means that what the doctor did not only was a breach in the standard of care, but resulted in injury (physical or financial) or harassment.  Did the doctor fail to wear latex gloves when operating on you and as a result you incurred an infection? If they failed to wear latex gloves and you did not incur an infection or injury because of this, you may not have a case.

Let a Medical Malpractice Attorney Fight for You

If you or a loved one has been injured or developed a medical condition as result of medical negligence, contact a skilled medical malpractice attorney. We have years experience in medical malpractice cases and will thoroughly investigate your case, consulting with the medical specialists we work with on a regular basis, and determine what type of financial compensation you are due for the losses you have suffered.

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 will employ tactics and strategies that can result in it offering a small amount of money for your injury with the hopes you will accept it.

Minor injury claims

If you are injured but not severely, you may be receiving an offensively low offer because the economics of taking the case to trial just does not make sense for an attorney. The insurance company knows that the out-of-pocket costs for an attorney to handle this type of case probably exceeds the money that the attorney would reasonably expect to make on the case. In that situation, the injured person and the attorney lose the leverage that a lawsuit and trial gives them.

Starting the claim by allowing your injuries to be boxed in

If you have been injured in an accident, you likely will be contacted promptly by a representative of the other person’s insurance company. A big mistake an injured person makes, which results in that individual receiving a low offer of compensation for injuries, is being too free in discussing an accident and injuries with an insurance company. It’s also very easy for an injured person to answer questions put forth by an insurance company representative at a point in time before even the full extent of injuries are known.  Your best strategy is to forgo immediately discussing the accident and your injuries with an insurance company until you have at least taken the time to consult with a lawyer.

It’s important to know everything about the extent of your injuries before discussing the claim

Talking to an insurance company representative too soon after the accident will cement your injuries in their claim file before the extent of the injuries is even known.  It’s common for a victim of a car crash to be taken by ambulance to an emergency room for treatment. Contrary to popular belief, emergency rooms are for life-threatening situations. For injuries that are not deemed life-threatening, most of the time, the injured person is discharged with instructions to follow up with the appropriate doctor or clinic.

Insurance companies (and juries) will often view this to mean that the person was not seriously injured.  However, it is often not until more sophisticated testing is done that the extent of an injury is known by the doctors and the victim. If you have stated your injuries before the extent of your injuries is known, it can be a reason why you are being lowballed.  And, it makes it more difficult to supplement your claim file later without the questions being posed of “well, you didn’t mention that at the outset of your claim.” “Would your memory of the injuries received in the accident be better as soon as the accident occurred or months later?”  The way to avoid this trap is to wait to discuss your claim until your injuries are known.

Attempting to Handle the Case Without a Lawyer

The most significant mistake that people make is to assume that they will be treated fairly without a lawyer. However, without a lawyer, you have no hammer or leverage for the insurance company to be fair, as you likely aren’t experienced in evaluating the true value of a claim, considering all the elements of damages. Because insurance companies know this, you will often receive a frustratingly low offer. They also know that once you have discussed the claim with them without a lawyer, you have already done damage to your case.

All of these issues should be considered prior to discussing your claim with an insurance company.  

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 witness bruises, swelling, unusual bleeding, cuts, and/or fractures on your newborn after delivery, improper practices may have occurred.

How Can I Seek Compensation?

You can seek the professional advice of an experienced birth injury attorney  trusts to evaluate your circumstances. By providing as much detail and evidence as possible about what happened, your attorney can help you decide if you have a solid case against your doctor or medical provider. If the complications that arose could have been prevented, it is possible you were treated in a negligent or reckless manner during pregnancy or delivery by hospital staff members.

What are Some Harmful, Yet Preventable Actions?

A birth injury of an infant can be preventable. The most common behaviors committed by staff during pregnancy or delivery can include:

• • Twisting, pulling or moving infant improperly during birth

• • Negligent handling and usage of tools that assist with delivery (forceps, vacuum extraction tools)

• • Administration of incorrect type or amount of medication to mother during the pregnancy stage or delivery period

• • Failure to observe the infant for distress or irregular/fading heartbeat

• Failure to schedule and promptly perform an emergency C-section

Are There Any Future Consequences?

Due to the seriousness and severity of injuries your newborn can sustain due to a medical malpractice, there may be future long-term impacts. Some signs of further medical issues include:

• • Decrease in Stamina & Strength

• • Impairment of Cognition

• • Impairment of Emotions

• • Failure of Bone Structure to Develop Correctly

• • Joint Dysfunctions or Osteoarthritis

• • Psychological Problems

• • Lack Of or Decrease in Nerve Sensations

• Learning Difficulties in School

It is important to find legal representation if you believe your baby could have suffered from medical negligence or malpractice during any stage of your pregnancy. By using the above information as a guide, it can help you decide if your medical team could have been at fault.

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 pain begins accompanied by joint and tendon pain.

1. 1. Muscle control of the face decreases.

1. 1. Dizziness, shooting pain, heart problems, sleeplessness, and changing mental state are all developing at this stage.

1. Encephalitis, or swelling of the brain, can begin to cause memory loss, mood shifts and changes in sleeping patterns.

STAGE THREE: MONTHS TO YEARS AFTER BITE

1. 1. The neurological system is beginning to experience serious chronic symptoms.

1. Two illnesses may develop at this stage:

Lyme Encephalopathy: causes issues with concentration and short term memory loss.

Chronic Encephalomyelitis: causes cognitive issues, impacted ability to walk and move facial muscles, vertigo, overall pain and bladder incontinence.

How Symptoms Influence Ability to Work

An experienced attorney can inform you that these symptoms and others not listed here can significantly change your ability to perform daily tasks. Besides physical symptoms, the mental toll is expressed through changes in your emotional state, a detachment from reality, increased anxiety, delusions and more. You may even have difficulty doing things like making plans and scheduling, or remembering things in the short term.

Lyme Disease is not listed in the Social Security Blue Book of impairments. This means it will be difficult to convince Social Security that you deserve benefits and you will probably not get an automatic approval like someone would if they met a listed condition.

What Our Legal Team Can Do For You

Lyme Disease Symptoms cause many limitations that are obvious to sufferers. However, it may be difficult to convince Social Security by yourself. Our team has gone through the process before and can direct you when filling out paperwork and assure you have completed it thoroughly and properly. If you have never done this before, it is best to have someone on your side to guide you through the process.

If you have suffered disabling symptoms of Lyme Disease and are unable to work, contact an experienced lawyer such as the social security lawyer Memphis TN locals turn to. Do not be intimidated by Social Security.

Thanks to authors at Darrel Castle & Associates PLLC for insight into Disability Law.