Category Archives: General

It Was An Accident, Should I Still File A Case?

Negligence is the act of carelessness, failing to give care that a responsible person would give in certain circumstances. This is usually causing unintentional harm to a person. However, in the legal world, this is called Personal Injury Law. It means causing injury to the body, mind or emotions of a person caused by negligence but to what extent is it reasonable to file a case?

There are several types of personal injury claims but the common ones are accidents at work, road traffic accidents, tripping accidents, accidents at home, sexual assault claims, defective product accidents and holiday accidents. Even medical and dental accidents can be possible cases of personal injury. The Personal Injury Law can help give you knowledge as to which circumstances can you file a case against someone for negligence.

This type of legal case though can be compensated primarily depending on how severe the injury is. Serious injuries caused by huge accidents (such as brain damage, bone fracture or accidents, etc) that cause unbearable physical pain and suffering usually receive the highest injury settlements. This is for the reason that these serious injuries would already affect the way of life of the victim and they could file a loss of employment (breaking certain parts of their body that would hinder them from working in their previous professional jobs), loss of enjoyment of life and even loss of earning capacity (the capacity to learn new things). All these are compensable.

Compensations are commonly in monetary form and still depend on the extent of the injury according to what is in the Personal Injury Law. However, some are compensated by shouldering all future medical expenses for a given period of time, until recovery or even for a lifetime. In some cases, insurance is used for compensation such as auto insurance (the ones involved in car accidents)

The Personal Injury Law gives justice to the victims involved in accidents caused by negligence and carelessness. It is the right of any human being to be able to live their life the way they have always wanted to. They should never be stripped off their ambition even if it’s just by accident. Negligence should not be taken lightly especially if it is to the point where the victim’s rights are violated. No one should get away at the expense of others.

What to Do when Filing for a Medical Malpractice Case

If you ever had a loved one that got injured due to a negligence or an error that could have been avoidable by a medical practitioner, you have the right pursue proper legal grounds concerning the problem. As professionals, workers in the medical field are expected to perform their jobs with utmost integrity and efficiency they are dealing with people’s lives, after all. So, if you have enough proof and basis to believe that a certain professional has been neglectful and has caused a loved one to get hurt. You can always choose to file a medical claim.

You need to be aware that you are protected by law to pursue whatever legal remedies are available concerning the situation. Lives are at stake here and if doctors and other medical practitioners will not be alerted on the immensity and the gravity of the role that they play with every patient that they attend to, then it is high time that you do. If you think that a legal remedy is going to be the best route for you, you need to see to it that you have the right professionals to assist you and address your needs accordingly.

Choose the right professionals with the necessary legal prowess to address your concern right. You will find that there are a number of legal practitioners that are available around whose services you can possibly tap to be extended to you. But you need to remember that not every single one of them is expected to make a dent in your legal battle. You have to remember that there are different kinds of lawyers and you want to focus on the ones that are expected to be appropriate for handling caseloads that are of such a nature.

If you are currently looking for a law firm that can handle your medical malpractice case. Then you have to see to it that you choose one that will really suit your needs. You have to remember that these firms and be as unique as the legal professionals that they employ. It would help you make a sound choice though when you are aware of the things that you should be looking for so you can trust that you have the right team of legal professionals to assist you every step of the way.

Before you tap the service of a firm for your medical malpractice complaint, make sure that you find out details on their focus first. You need to see which specific part of the legal practice they have decided to pursue and focus their attention on. By now you would have already realized that just like any field out there, practitioners in the legal profession have opted to have their own field of specialization, you would never want to hire a general practitioner for this case. You need one experienced specialist t get your case rolling.

Choose those providers with considerable experience when it comes to litigation. You need to see if the firm that you are referring to happens to have attorneys that have handled similar cases before and have handled litigations as well. You need assurance that there are not just legal professionals who may be good in striking an out of court deal for you. You need assurance too that they can be trusted to have the necessary litigation prowess in the event that the case has to be sent to eh courts to be heard.

Understand that cases involving malpractice in the medical field requires discovery phases that are often quite lengthy. This requires the attorneys that will be handling the caseload to have experience when it comes to working with other attorneys and other professionals to really get to the bottom of the issue and find out if there is indeed just cause that the professional in question has been negligent of his duty resulting to the patient’s injury.

It is not enough that you have a firm that is able to get you experience attorneys when it comes t getting caseloads like these settle out of court. You will also need to find out if these are firms that would be willing to take matters into court in the event that no amicable agreement will be reached by the involved parties. You need assurance that when the time comes, the provider of your choice can be expected to litigate on your behalf.

They need to have knowledge in the medical field as well. This is a niche in the legal practice. One has to work hand in hand with the professionals in the medical field to ensure that a thorough understanding of the processes involved leading to the injury of the complainant or of the patient is understood. A firm that has the necessary connection and support in the medical industry is definitely going to have an upper hand in assisting you as they already have one foot in the door when taking on the case for you.

Types of Medical Errors

Recently, a study that found that medical errors are far more frequent than most people imagine. In fact, medical errors may be the third leading cause of death in the United States. Because there is no code for indicating medical errors as a cause of death, these deaths are not tracked. If the incidence of deaths as a result of medical errors is this high, then it is likely that there is also a good deal of non-fatal harm caused by medical errors. A person or the loved ones of a person who suffers as a result of medical errors about what they can do.


“Never” Events

Major medical errors such as leaving surgical sponges behind in a patient or wrong-site surgery are known as “never events” because they are never supposed to happen. In some cases, a hospital or surgeon might try to cover up or minimize such an error. These are among the rarer types of errors, but they can also be the most devastating.


Medication Errors

Medication errors are surprisingly common. Fortunately, not all of them are harmful or fatal, but some can be. Nursing protocols teach an approach to dispensing medication known as the “five rights.” This involves ensuring that it is the right medication, the right patient, the right dosage, the right timing and the right manner of dispensing the medication. Unfortunately, because of a lack of communication, distraction, or for other reasons, errors still might happen. Doctors, pharmacists and other medical professionals may also dispense the wrong medicine or the wrong dosage.


Diagnostic Errors

Medical professionals may misinterpret test results or dismiss a patient’s symptoms if that patient does not meet the typical profile for a certain condition. This can lead to a delay in treatment that can cause a significant medical setback.


These are just a few of the types of medical errors that can cause serious harm or setbacks to a person’s treatment. A lawsuit against the responsible parties may lead to compensation.