Wrong- sided surgical procedures occur numerous times a year, as a medical malpractice lawyer Morgantown, WV trusts. Wrong-side surgeries are the most common types of wrong-site surgical errors. At Rhode Island Hospital in 2007, three wrong-site surgeries occurred. Doctors in Colorado operated on the wrong patient 25 times and on the wrong part of the body on 107 patients over the course of 6.5 years. According to a study performed by researchers from Johns Hopkins, wrong site surgeries are performed incorrectly approximately twenty times a week across the United States. Errors that lead to wrong-site or wrong-side surgeries include booking errors, no checklists, inadequate systems to verify the proper site, relying solely on surgeon to verify the proper site, time pressure, surgical team competency, improper medical record review, failure to include family members in pre-operation discussions, failure to discuss with and include patient in pre-operating procedures, failure to clearly mark the operation site, and non-compliance with pre-operation procedures.

These errors can negatively impact the patient’s life, and sometimes even result in death. For example, if a patient is in the hospital with a diseased and non-functional kidney and the doctor accidentally removes the healthy kidney, the patient would be left with no functioning kidneys. Most victims of wrong-site or wrong-side surgeries must undergo an additional surgery to receive the treatment they need. An additional surgery may also need to be performed to fix the errors caused by the original surgery. Liability generally depends on the errors that occurred that lead to the wrong surgery, but usually the hospital or healthcare facility and physician performing the procedure are at fault.

If you believe that you are a victim of a wrong-side or wrong-site surgery, it is important to request your medical records and consult with another physician about your procedure. A second opinion would help determine if you are indeed a victim of careless error. Damages you can receive if you pursue a claim against the hospital or physician include the cost of past medical care, cost of future medical care, and any pain and suffering caused by the surgery. According to a recent study, roughly 79 percent of wrong-site surgeries and roughly 84 percent of wrong-side surgery claims resulted in medical malpractice awards in the past decade.

If you believe that you are a victim of wrong-site or wrong-side surgery and would like to pursue a claim, it is important to act fast. In the state of West Virginia, there is a statute of limitations set on medical malpractice lawsuits. The statute of limitations states that the case must be commenced within two years of the date of the injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs.” The statute of limitations also states that in no event shall any such action be commenced more than ten years after the date of injury. With a medical malpractice case, many factors are involved and take time. Obtaining medical records, hospital bills, and finding an expert in the relevant field to evaluate the case all take time. Therefore, pursue your possible medical malpractice case as soon as possible.

Thanks to our friends and contributors from Adams Legal Group, PLLC for their insight into medical malpractice.

A personal injury settlement can have significant impacts on a person’s financial situation. Because much of a settlement award can be considered as income, there are many unexpected components that are also bound to be affected when someone receives a large award. Child support might be one of these.

If you receive a personal injury settlement while paying child support, the amount of money you are required to pay in child support each month might change. This likely depends on the amount of the settlement and several other factors. The following are some ways in which your child support payments can potentially change.

1. Taxable or Nontaxable Income:

Majority of states consider personal injury settlement awards as a form of income. This means that the settlement award is able to be taxed and can be considered when determining child support payments. Because income is a factor in determining how much a parent will pay in child support payments, a large settlement may increase the amount you must pay.

Whether the award is considered as income or might depend on its amount. For example, an award may have to be greater than a certain amount to be considered as income.

2. Applicable Worth:

If you receive a large personal injury settlement that outweighs the costs of damages, then it is possible that the courts may raise your monthly child support payments. If, however, the settlement is only enough to cover medical bills and living expenses, then they may excuse it.

3. Missed Payments:

If your personal injury disabled you for a period of time or hurt your financial situation, then you may have fallen behind on some child support payments. Regardless of the reason, you are legally required to make child support payments on time, and pay back what you have not already paid. The courts may suggest or require that the missed child support payments are paid for with a portion of the settlement.

4. Loss of Wages:

If you are unable to work, then a personal injury settlement will usually cover lost wages and income. Although you may have been unable to pay child support because of missing work due to an injury, compensation for lost wages are required to be counted toward child support payments.

If you have received a personal injury settlement, you should speak with a child custody lawyer Flower Mound, TX residents rely on. They can help you determine whether your child support payments will be affected, as well as what portion of your settlement may be used toward child support.

Thank you to our friends and contributors at Scroggins Family Law, PLLC for their knowledge about child support and custody.

Not many people go into work and expect to get hurt. Unfortunately, this type of thing happens every day in the U.S. Unsafe working conditions result in thousands of injuries every year. That’s what workers’ compensation insurance is for. If you were hurt at work, you have the right to file a workers’ comp claim and receive the money you’re entitled to. While it’s possible to file a claim on your own, you may be better off if you work with a qualified workers’ compensation lawyer.

Assess Strength of Claim

An experienced workers’ compensation lawyer has handled many workers’ comp cases in the past and knows what to expect. He or she knows what it takes to have a strong case. A lawyer can evaluate all the facts in your case and evidence and then determine if you have good chance of winning your claim or not. It’s better to know sooner if your claim is worth pursuing or not.

Filing an Accurate and Timely Claim

Workers who don’t file their workers’ compensations claims on time or make errors in their documents risk losing their cases. That is why it is so important to have a skilled workers’ compensation lawyer on your side. He or she can help you fill out claim accurately and make sure that you submit it on time to your employer.

Protecting Legal Rights

While it is true that most employees who get hurt at work will receive workers’ compensation benefits, they might not receive a fair amount. Insurance companies are in the business of making money and may try to pay you as little as possible. If the insurance company offers you only a small amount, you might not be able to pay all your medical expenses. If you have a confident workers’ compensation lawyer on your side, he or she can prevent the insurance company from taking advantage of you. Your lawyer may negotiate with the insurance company and fight hard to get you the settlement you deserve.

Appeal a Rejected Claim

Unfortunately, sometimes employers reject workers’ compensation claims for one reason or another. If this has happened to you, don’t get too discouraged. You have the right to appeal your claim. A qualified workers’ compensation lawyer may help you accurately file this appeal and improve your chances of getting the compensation you deserve.

If you were recently injured at work, do not wait to speak to a reputable workers compensation lawyer Abingdon, VA trusts. You only have so much time to file your claim and you do not want to miss out on your opportunity to get the money you deserve. During your first meeting with a workers’ compensation lawyer, be prepared to answer several questions about your case and bring any evidence you have.

Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their insight into workers compensation.

Any person who gets behind the wheel of a car while sleep-deprived, can be greatly putting others on the road at-risk. This can be particularly true for drivers of a much larger vehicle. For example, if a hefty commercial truck was to plow into a significantly smaller car, the results could be devastating. The typical commercial truck weighs on average 50,000 pounds or more. By drastic comparison, the average passenger vehicle may weigh about 3,500 pounds. Between a truck driver and the car driver, the latter is much more likely to suffer potentially life-threatening injuries. If you were to add a sleepy truck driver as a factor to an accident scenario, it can be easy to imagine such tragedy that can ensue. One of the most common issues among truck drivers is lacking sufficient sleep due to the demands of the job.

In the article here, we have answered a series of questions about why fatigue is such a problem in the trucking world, and what you can do to seek retribution in the event of a major crash.

Why is truck driver fatigue such a problem in that career path?

Truck drivers often have to drive for hours and hours at a time, and sometimes during normal sleeping hours (between 10pm and 6am). What may seem like an innocent way to avoid traffic, could actually be causing the body to lack the sleep required in order to operate a truck with care. A truck driver may feel pressure to deliver goods by a certain time, thus being influenced to skip out on breaks and rest periods. Additionally, truck drivers may spend long durations of time separated from family and friends. Truck drivers may be motivated to get through their trip faster in order to get back home to the loved ones they miss.

What are the signs that a truck driver may be fatigued?

Any person who has ever been next to a commercial truck as it swayed back and forth has probably felt at least an little ounce of fear at the risk of being smashed by this gigantic vehicle. So, it is important that car drivers know what to look for in determining whether a truck driver has become a threat to others. Signs that a truck driver may be fatigued while behind the wheel include:

• Drifting across many lanes, or back and forth within one lane
• Lowering head as if nodding off, then suddenly jolting back to alertness
• Staring blankly ahead at the road, blinking often and slowly
• Frequently yawning and appearance unkempt, lacking grooming
• Braking or accelerating at undue times while on the road or highway

What should I do if I am involved in a truck-related crash?

If a sleepy truck driver has caused an accident in which you were involved in, you may want to meet with a Virginia truck accident lawyer as soon as possible. You may be entitled to receiving compensation for your medical bills, vehicle repairs, loss of pay from missing work for recovery, and more.

Thank you to our friends and contributors at MartinWren, P.C. for their insight into truck driving and accidents.

Workers’ compensation benefits make it possible for you to recover from a work injury and pay your bills. However, some workers make mistakes when filing a claim that cost them big time. Do not let this happen to you. If you get hurt at work, it’s critical for you to understand your rights and take the necessary step to get the money you deserve. Here are some tips for getting the most out of your workers’ comp claim:

Be Aware of Available Workers’ Comp Benefits

Each state has their own rules for workers’ comp eligibility and amounts and it is important to educate yourself about the benefits that are available to you. It isn’t a good idea to rely on the insurance adjuster to explain your benefits to you because insurance companies are in the business of making money.

Get Medical Care Right Away

No matter what type of injury you suffered at work, you should see a doctor as soon as possible. He or she will take a look at you and decide on the best treatment. Delaying medical care can put your health at risk and give the insurance company another reason to deny your case. They may think that you aren’t truly hurt if you waited too long to get medical care.

Don’t Be Afraid to Go to a Different Doctor

You may have to meet with a doctor chosen by the insurance company in the beginning. However, this doctor might not have your best interests in mind because he or she may have been paid by the insurance company to minimize your injuries. If you don’t think you’re getting the best possible treatment, don’t hesitate to see a different doctor.

Be Weary of Private Investigators

If the insurance company does not think that you are being completely truthful about your work injury, they may hire a private investigator to follow you. For example, if you told the insurance company that you injured your back and you are seen working out at a gym, that could damage your credibility. It’s important to always be aware of your actions and never do anything that may contradict your claim.

Don’t Hesitate to File an Appeal

Employers deny workers’ comp claims all the time for various reasons. If your claim was denied, that does not mean you should give up. You have the right to file an appeal. To do this, you will have to file a written form with a state agency and then have a hearing in front of a judge.

Hire a Workers’ Compensation Lawyer

While it might not be necessary to hire a workers’ compensation lawyer all the time, it may be in your best interest if your employer denied you benefits or has ignored your claim. The best workers compensation attorney West Palm Beach has to offer can help you file a claim on time and improve your chances of getting a fair settlement.

Thank you to our friends and contributors at The Law Offices of Franks, Koenig & Neuwelt for their insight into workers compensation.

When faced with the aftermath of a trucking accident, it can be easy to get lost in the insurance claims process. Trucking accidents can produce horrific results, because of this, many survivors are owed compensation for the suffering they experienced. When it comes to taking action, an attorney may recommend attempting to gain compensation by settling with the insurance company. When considering this option, you will likely have a number of questions weighing on your mind:

Why file an insurance claim over a lawsuit?

Prior to making any decisions, it’s important to first consult with an attorney. You will want to have them review your case and weigh in surrounding whether you have a legitimate case and what your options will be moving forward. Determining which type of method is best for you will take much consideration. A settlement, may be less expensive by may yield less compensation than if you were to file a lawsuit. A settlement allows you to negotiate terms. If you are unable to reach an agreement with the insurance company, you have the option of pursuing a lawsuit. It’s important to note that a lawsuit can put you at risk of walking away empty handed. However, a successful one may allow for a far more considerable award than a settlement with the insurance company.

If I am incapacitated, who will make decisions for me?

The last thing anyone considers in everyday life is the fact that at any given time they may be at risk or sustaining an injury that impacts their ability to make decisions on their own. When facing a trucking accident, you may find that you are lucky to have survived. Unfortunately, surviving a trucking accident may mean that at least temporarily you will be unable to make decisions. If you have taken the time to work with an attorney beforehand in developing a living will, chances are you have made the entire process much easier. An advanced directive is an essential component to any living will. An advanced directive appoints someone you trust who will make both financial and medical decisions in the event that they are unable to do so. By assigning power of attorney to someone you trust, you allow them to take steps towards making both financial and medical decisions. As a result, it will be up to them to initiate a settlement with your attorney. If you have not developed a living will, and there is not a person identified to take on this responsibility, the court may make this decision for you.

Why do trucking accidents yield larger settlements?

A more severe car or trucking accident is more likely to result in larger levels of compensation. In most cases, trucking accidents fall into the more serious category. This is due to the huge impact a large truck will have on a smaller vehicle. Most trucking accidents result in serious injuries and even death. Because of this, the damages you may be able to obtain are sure to be far more significant than a minor accident involving another car. The more severe the injury, the more likely you may be to miss time from work and experience more significant injuries which almost always result in higher medical expenses.

Sifting through the complexities of trucking accident claims without an attorney can sometimes lead to fruitless efforts. It’s not uncommon for the truck driver and their employer to have a heavy legal presence. Facing this without your own legal representation can be a mistake. Attorneys and insurance adjusters are likely to work hard to ensure that your case is settled for as little as possible. Contact a truck accident lawyer Lakeland, FL trusts as soon as possible so you have the best chance of obtaining a favorable settlement.

Thank you to our friends and contributors at David & Philpot, PL for their insight into truck accidents.

Food poisoning cases can be fairly common and some cases even make news headlines. Some bacteria and viruses that can cause food poisoning include Botulism, Hepatitis, E. Colis, Shigella, Listeria, and Norovirus. When a grocery store, food distributor, or restaurant is responsible for food poisoning, the consumer may be able to sue the business for strict products liability or negligence.

Potential Causes for Cases for Foodborne Illnesses

In cases of food poisoning, the company selling the food could be responsible for failure to using reasonable care to store and prepare food. They could also be found responsible for a food product that is defective.

Negligence: The general principles of negligence state that a business is responsible to use exercise reasonable care. In the terms of a restaurant, this means that the restaurant is responsible to keep a safe environment, create safe products, and prevent excessive dangers. A negligence claim starts to form is the restaurant breaches their duty to customers. For instance, if the kitchen is dirty and the food is stored in an unsanitary way, the restaurant has breached their duty.

In any negligence case against a restaurant or store for food poisoning, the victim will need to be able to prove that the company was the cause of the food poisoning. Essentially, the victim will need to show that the company’s unsafe food was the cause of their illness. Showing causation is very difficult in these types of cases. The victim will need to show that it was specifically the company’s food that caused the illness and nothing else that they might have eaten. The victim will also have to prove injury or harm, which just by becoming sick will show this. However, how sick someone becomes will determine if it is actually worth filing a case against the company.

Strict Products Liability: In many states there is a form of strict products liability. When there is a contaminated food case, the victim will need to show that the food provided to them by the store or restaurant was defective or unreasonably dangerous. It will also need to be shown that the unreasonably dangerous and contaminated food caused the victim to become ill. A company can be responsible under strict products liability for selling contaminated food. Everyone in the entire chain of distribution is eligible to be sued.

Food Poisoning Damages

If food poisoning has called an injury or illness, damages the victim can legally recover in the personal injury case could include:

• Lost income
• Medical bills
• Pain and suffering
• Expenses paid out of pocket

In extreme and very rare cases, food poisoning can cause death. The loved ones of the deceased could file a wrongful death action against the responsible company.

Food poisoning cases can be fairly common and the companies that sell the contaminated food are often to blame. However, just because you start feeling ill after eating at a restaurant does not mean you should call a personal injury attorney Atlanta, Georgia trusts. However, if you have had to pay large medical bills and other costs related to your illness from food poisoning, making a claim against the company could be a real option.

Thank you to our contributors at the law offices of Andrew R. Lynch, P.C. for their insight into personal injury.

The death of family member or loved one is a difficult, sensitive topic that many people have trouble discussing. Often, old age or the knowledge of an illness allows us to prepare for the loss of a loved one. The most difficult time however, is when a death is unexpected. In the situation of a wrongful death, a death is caused by another person’s negligence, misconduct or the intent to harm. These situations can be the most challenging because in addition to the family struggling with grief, they now have to try to recover from the financial burden and damages that result from and unexpected death.  

A wrongful death lawsuit is a legal action brought on by the decedent’s estate to help the surviving family members recover damages as a result of the death. When a person dies because of negligence, misconduct or murder, the family has a legal right to recover their losses. It is important to consult an experienced wrongful death attorney because these lawsuits are complicated and the laws differ between states.

The elements of a wrongful death lawsuit are similar to the elements of a personal injury lawsuit. It must be proven that there was a duty of care, the duty of care was breached, the breach of duty caused the death, and damages were suffered because of that death. Wrongful death lawsuits can arise from almost any personal injury case but often a wrongful death lawsuit follows a car accident where someone was negligent, a medical malpractice lawsuit, or a murder.

One of the most famous wrongful death cases followed the O.J. Simpson trial. Even though Simpson was acquitted for the murder in criminal court, he was sued in civil court for wrongful death. In a wrongful death lawsuit, there is a lower standard of truth that must be proven. Rather than a reasonable doubt as in a criminal trial, a civil trial must only prove a preponderance of evidence.

In a wrongful death lawsuit, damages are measured financially. There are many elements that need to be considered when deciding a dollar amount for damages. The decedent’s age, condition, earning capacities, health and intelligence are all examined. Sometimes an expert like an economist needs to be consulted to measure the financial loss suffered. The jury will also have to consider what the family is losing as a result of the death. Loss of support, loss of potential inheritance, medical and funeral costs, loss of care or guidance and loss of love and companionship need to be factored into the claim.

Some states allow punitive damages to be added into a wrongful death lawsuit. If the wrongful death stemmed from a personal injury case, a survival action needs to be considered. Wrongful death is a sensitive topic and the lawsuit is complicated and emotional draining but does not have to be faced alone. An experienced attorney, like a wrongful death lawyer Delray Beach, FL trusts, will know the best way to handle a wrongful death lawsuit and how to make sure the surviving family members are fairly and adequately compensated for their loss.

Thanks to our friends and contributors from Eric H. Luckman, P.A. for their insight into wrongful death cases.

It’s likely that your monthly child support payments may need to be altered if you received a personal injury settlement and are currently paying child support. The following will provide you with further information regarding how your monthly child support payments may be impacted.

You Have Gotten Behind on Payments

You may have missed some child support payments if you have suffered a personal injury. Although this is completely understandable, making your child support obligations in a timely manner is still legally required of you. You will need to set aside some money to catch up on the child support payments that you have missed in the event that you are awarded a personal injury settlement.

If You Are Unable to Work

You may not be able to work due to the severity of the injuries you have suffered. Unfortunately, this can mean that you have not been making your child support payments in a timely manner due to the paychecks you missed out on when you were not able to work. A portion of your award will be earmarked to help you catch up with missed child support payments, especially if you filed the personal injury suit to help supplement the income you lost from not being able to work.

Nontaxable Income versus Taxable Income

When determining child support payments, personal injury settlements are taxed because it is considered a form of income by many states. When it comes to personal injury settlements that are considered income, there are regulations that a few states enforce. Consider this:

• An award of $1,000 or less is not considered income, therefore it is not taxable
• An award that is more than $1,000 is taxable as it is considered income

Your Total Worth

Chances are you will be required by the courts to pay higher child support payments if you have been the recipient of a personal injury settlement. You may not be required to pay more if your personal injury settlement only covers your medical expenses and living expenses.  

Scheduling an appointment with a child support lawyer in Tampa FL with experience will be a wise decision if you have received a personal injury settlement. They will assess how much of your personal injury reward will be used to pay child support payments by factoring in the specific conditions and details surrounding your case. You will find it to be extremely helpful to have an attorney navigate through the process with you as sorting out the details can be overwhelming.  

Thank you to our friends and contributors at The McKinney Law Group for their knowledge about child support.

All medical professionals are expected to give patients the required treatment that is necessary for their overall health and treatment. What happens if doctors do not uphold their duty to treat the patient, and the patient dies due to medical malpractice? If a medical professional has proven to be negligent in their practice, and their carelessness has caused the death of a patient, then it is considered medical malpractice. A lawsuit may be filed against the medical professional, or hospital, in question for causing a wrongful death.

Medical malpractice may prove to be a difficult case in court though, as there are various state laws about doctor-patient confidentiality that may make it harder for a third party to obtain medical records of the decedent (patient that died). Doctor-patient confidentiality is meant to be beneficial for all parties involved, but sometimes that is not the case.

Doctor-Patient Confidentiality

Doctor-patient confidentiality is used as a means to benefit the interests of both the doctor and the patient. To disclose any information to another party requires the consent of either the doctor, the patient, or both.

Medical information that is protected under doctor-patient confidentiality may include:

• Any information a patient tells their doctor
• Conclusions, or diagnosis, after examination of the patient
• All medical records, such as:
  • Lab reports
  • X-rays
  • Pre-existing medical conditions
  • Medical history

Medical conditions are typically kept confidential between the doctor and the patient. This allows the patient to feel more comfortable disclosing any important information regarding their condition to their physician. Sometimes pertinent medical information may be embarrassing for the patient. So, the confidentiality agreement protects the privacy of the patient and makes it easier for them to disclose all information to the physician.

Allowing patients to tell their doctors all medical information is beneficial for the doctor in making a better diagnosis as well. It also helps the doctor provide the best medical care for the patient’s health. The doctor is required to use patient information solely for the benefit of the patient’s overall health and treatment.

A medical professional is not legally allowed to give out patient information or medical records to any other party without the consent of the patient. So, what happens if the patient in question dies?

Waiving the Doctor-Patient Confidentiality

Since the patient has passed away, there is no way for them to give consent on whether or not their medical information may be shared with another party. The doctor in question of medical malpractice may also be hesitant to disclose this information with a third party because it may be evidence that their negligence was the cause of the patient’s death. Unfortunately, in lawsuits for wrongful death in medical malpractice, the doctor-patient confidentiality agreement may hinder a wrongful death lawyer Orlando, FL residents trust from obtaining important medical information that may shed light on the case.

States have various laws regarding the waiving of doctor-patient confidentiality agreements after the death of the patient. Some states allow the decedent’s immediate family or personal representative to waive the confidentiality agreement (doctor-patient privilege) for the decedent. Although the doctor-patient privilege may be waived in certain circumstances, doctors and hospitals may still be unwilling to provide the medical records of the deceased patient to attorneys.

If a plaintiff is seeking the decedent’s medical records for future litigations in a wrongful death suit, this is typically reason enough to waive the doctor-patient privilege. This would then allow the plaintiff to use the medical information as evidence against the doctor or hospital accused of negligence. If the doctor-patient privilege is waived for litigation purposes, then only medical information that is pertinent to the wrongful death lawsuit may be revealed; any medical information that may hinder the reputation of the deceased patient is generally withheld.

Thank you to our contributors at Needle & Ellenberg, P.A. for the above information.