If Nurses, Doctors, and Other Medical Staff Fail to Provide You with a Reasonable Amount of Care and Attention, This can Legally be Defined as Negligence

If Nurses, Doctors, and Other Medical Staff Fail to Provide You with a Reasonable Amount of Care and Attention, This can Legally be Defined as Negligence

Apr 23

If Nurses, Doctors, and Other Medical Staff Fail to Provide You with a Reasonable Amount of Care and Attention, This can Legally be Defined as Negligence

Once an individual is taken under hospital care, he/she should be assured of quality care through correct and timely medical procedures, and accurate diagnosis. People should know, however, that not all hospitals are the same when it comes to provision of care – some hospitals are just able to perform better than many others.

A serious illness is one type of disability that requires timely and correct treatment. Problem is, many of those who are seriously ill suffer additional damaging health conditions due to medical mistakes: products of negligence or carelessness by medical professionals and other health care providers.

Sad to say, but many of those who are brought and confined in some hospitals are exposed to risks of serious medical complications. Along this issue, the firm Spiros Law, P.C., says, “Nurses, doctors, and other medical staff at hospitals must provide you with a reasonable amount of care and attention. If they fail to do so, this can legally be defined as negligence. Frustratingly, this careless or reckless behavior can have a long-lasting negative impact on your life. Common types of hospital negligence include:

  • Using unsterilized needles or other instruments;
  • Making errors on your medical chart;
  • Giving you the wrong blood type during a transfusion;
  • Failing to help you move around, leading to bed sores or falls;
  • Failing to identify and communicate to others a patient’s known allergies, for example, a latex allergy;
  • Dispensing the wrong medication;
  • Improperly caring for wounds or incisions, leading to MRSA; and,
  • Misplacing feeding, breathing, and IV tubes;

These irresponsible actions can lead to serious injuries, such as a broken hip if you slip and fall. They can also cause incurable illnesses like the transfer of hepatitis through an unclean needle.”

In emergency departments alone, thousands of medical errors, which lead to serious harm or even patient death, are reported annually. Like other cases of medical mistakes, errors committed in emergency departments are usually due to overworked doctors and/or nurses, who are often required to render extra hours of duty, poor communication or lack of collaboration between nurses and physicians, giving patients the wrong medicine, injecting into patients the wrong solution, poor recordkeeping, accidentally hitting a patient with a medical equipment or tool, failure to properly sterilize medical tools, and so forth.

Hospital negligence and medical mistakes do not only lead to additional health damages in patients; these also result to added costly medical treatment and, often, prolonged disability that will keep the patient unable to work, resulting to loss of wages. These effects, of course, legally oblige the hospital to compensate the patient for whatever additional present and future suffering he/she is/will be subjected to.

Since sickness is a natural occurrence in life, it would be good if you would know which hospitals around your area are recognized for their quality care, so that, in the event of an emergency, you will know where to go or where to take your loved one. What you should know, though, is not only this, but also your right to take legal action against the hospital where you suffered additional injuries, or which contributed to the worsening of your illness.

DUI as a Felony

DUI as a Felony

Feb 09

Driving under the influence of alcohol is a crime, and it can be classified as a misdemeanor or a felony. Misdemeanor is a less serious charge, often with less serious fines and penalties. But a felony charge can have devastating consequences, such as significant fines and jail times.

A DUI charge can be considered a felony because of a lot of factors, and these factors vary from state to state. The common factors that are taken into consideration are listed below.

Blood Alcohol Level
Different jurisdictions have different levels of tolerance towards blood alcohol level. In most states, the legal level is 0.08%. If you have 0.08% BAC and above, you may be charged with DUI. The charge can be considered a felony if your BAC level is significantly higher than what is allowed. The common threshold is at 0.16%.

Number of Offenses
How many times you have committed the offense within a specified period of years is a significant factor in determining whether the offense will be considered a misdemeanor DUI or a felony DUI. For example, if you have been convicted of a DUI offense for the fourth time within the last ten years, the conviction can elevate into a felony.

Injury
DUI can be elevated into a felony if the incident has caused injury. This is especially true if the injury involves a substantial risk of death, serious or permanent disfigurement, or impairment. Sometimes, it doesn’t matter whether the injured party is the drunk driver, passenger, or other innocent motorists and pedestrians. If injury is involved, the case may already be elevated into a felony.

State of License
Your license is also taken into consideration. If you have been driving under the influence of alcohol while having a suspended license, a misdemeanor DUI can turn into a felony DUI, despite the other factors that may be involved.

Getting convicted for DUI can be a challenging experience, as it has significant consequences not only in your present, but also in your future. That is why there are legal professionals out there who specialize in DUI criminal defense, such as the lawyers from Truslow & Truslow. In a way, this means that the law is not biased and is willing to hear all sides.

Though it is good news that you can defend yourself, it is still a better idea to avoid drinking and driving. Avoiding it may prevent injury and even save lives.

The Grim Reality of Sexual Abuse in Nursing Homes

The Grim Reality of Sexual Abuse in Nursing Homes

Dec 29

An 89-year resident of a nursing home in Hermantown, Minnesota told her daughter on the morning of January 29, 2013, about the sexual abuse committed against her the night before by one of the male workers in their nursing home facility. However, instead of the Department of Health acting on the case swiftly, it took 10 days before it initiated an investigation and put the blame solely on the 30-year old male employee, exempting the nursing home facility from any form of liability due to its policies to prevent abuse.

The accused abuser/rapist admitted having sex with the elderly resident but, according to the nursing home’s clinical services director, the act was consensual and that the accuser even flirted mercilessly with the young male employee. It took about four days before the victim was medically examined for evidence of rape; results showed that she was badly injured.

Never has nursing home abuses been covered by the media than over the last decade. Due to media coverage and the vigilance of government and non-profit organizations, more acts of abuses are now being uncovered and abusers brought to justice. However, it cannot be denied that many of the abuses committed are totally shocking, as many of these are perpetrated by nursing home personnel themselves, even by nurses and certified nursing assistants, to elder residents who are weak, bed ridden, or suffering from dementia or memory loss.

Some forms of abuses in nursing homes are physical, emotional, financial and sexual, which is the most humiliating and insulting, but the least type of abuse reported. Elder abuse, as defined in the NursingHomeAbuseGuice.org website, is the “initiation of physical or sexual contact with an elderly person, when that contact is nonconsensual or unwanted. This abuse also includes making contact with an elderly person who is confused or unable to give consent. Whether or not the contact is significant or minor, if it is sexual in nature and nonconsensual, it is sexual abuse.” (http://www.nursinghomeabuseguide.org/sexual-abuse/)

Besides listing down the signs of sexual abuse, such as: bruising; blood, stains, or rips in undergarments; sudden trouble standing, sitting, or walking; newly discovered sexually transmitted diseases; pain or injury in pelvic areas; and, inappropriate or atypical behavior, an article in the website of the law firm Karlin, Fleisher & Falkenberg says that “unwelcome or non-consensual sexual activity has no place in nursing homes.” Thus, family members who have even the least suspicion that their loved one is experiencing some form of nursing home abuse, sexual or otherwise, an attorney may be able to help them prove it and hold the responsible party accountable.”

How A Retailer Can Be Held Liable For Product Liability?

How A Retailer Can Be Held Liable For Product Liability?

Nov 15

Over the years, there had been a spate of product recalls for allegedly causing injuries or accidents to consumers. When products are sold in the market, there is always an assumption that they have been tested and considered safe. When injuries happen to a buyer, the first one to be blamed will be the manufacturer. This is not the case all the time because everyone who is part of the distribution chain can be held liable.

According to the website of Williams Kherkher, defects may arise from the manufacturing to the distribution, or even when they are already in the store shelf. Even though they were not the manufacturers of the defective product, retailers can be held liable for any injuries resulting from those defects. Retailers have the job to ensure that the products they are selling are safe for use.

Retailers may argue that they had no way to know if the product had any defects because they were not the ones who manufactured the item. However, it is their job to take measures in ensuring the safety of the products they are selling. Hence, they can be sued for product liability if the item they sold caused injury to the buyer or to another person.

The liability of a retailer in a defective products claim may be an issue of negligence on their part. For example, when the Consumer Product Safety Commission calls for a recall of the product and the retailer did not remove it from their shelf, a consumer may have a case if they get injured. The retailer may be required to provide consumers with sufficient warning about defects and inform them of how to repair or replace the product. Their failure to do so constitutes negligence.

Product liability is protected in the Consumer Protection Act. Everyone therefore has the right to sue and receive compensation from any injuries that resulted from defective products.

Why Many Individuals are Wrongfully Convicted

Why Many Individuals are Wrongfully Convicted

Sep 17

Drug-related activities, which include simple possession, possession with intent, sale of a controlled substance, drug manufacturing, drug trafficking, and drug conspiracy, are serious federal and state crimes and are punished with mandatory sentences, steep fines, and possibly many hours of community service, among others. (A mandatory sentence refers to the penalties a court must hand down to a person convicted of certain offense. Felony offenses, under state law, are punishable by a mandatory minimum sentence of at least one year imprisonment. Class A felonies, which are the most serious of offenses under state law, carry a mandatory minimum of 15 years jail time. Mandatory minimum sentences, however, may be increased due to certain factors, such as prior convictions or aggravating factors.)

Every year, the U.S. Drug Enforcement Agency (DEA) makes more than 30,000 arrests due to drug-related crimes. Two specific arrests frequently made by state or federal arresting officers are simple possession of illegal drugs and possession with intent. As explained in the website of the law firm Brent Horst, simple possession alleges that an individual had a controlled substance for his or her own personal use (illegal or controlled substance includes cocaine, heroin, marijuana and ecstasy, which is otherwise known as 3,4-methylenedioxymethamphetamine (MDMA). Heroin, marijuana and ecstasy are Schedule I drugs or drugs with no currently accepted medical use and have a high potential for abuse; cocaine, on the other hand, is a Schedule II drug or a type of illegal drug that has high potential for abuse, the use of which can potentially lead to severe psychological or physical dependence.

A worse offense than simple possession is possession with intent. This offense alleges that a person who possesses illegal drugs has intent to sell, distribute, deliver, or even manufacture the controlled substance. A simple possession charge can be elevated to possession with intent due to the amount of drugs possessed – it being too much for one person to use. Besides this, the presence of some items, like sand/mall plastic bags, containers, or scales are more likely indicative of a possessor’s intent to sell. While simple possession may only be a misdemeanor, possession with intent is always considered by state and federal authorities as a felony.

Those involved in drug crimes and other drug-related activities should be caught and punished according to the stipulations of the law. However, many law firms, like Brent Horst, for example, know that many individuals are made to suffer years of jail term despite innocence on the charges brought against them. Wrong conviction can be due to:

Systemic bias, or institutional bias, which refers to an inherent tendency to support particular outcomes (such as excluding black jurors from trials involving African Americans);

“Tunnel vision” or confirmation bias,” which involves forming an initial impression about one person’s guilt, and then tunneling or focusing on proving that person’s guilt while overlooking exculpatory information and other suspects; and,

Plea bargaining, wherein an accused would rather confess to a crime despite innocence so as to be given only a minimum sentence for her offense. While a plea bargain would save a person from a lengthy time in jail (the sentence the crime really deserves) it also forgoes the necessity