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Article Of Medical Malpractice?
Need To Do A Summary For My Law And Ethics Class
The term "medical malpractice" is nothing more than "negligence" in the setting of medical treatment. Therefore, to understand what medical malpractice is, all you need to know is what "negligence" is. Negligence is just a fancy lawyer word for carelessness. When a person is careless, they are, by definition, negligent. It's this simple: negligence equals carelessness. And carelessness simply means not taking enough care under the circumstances. So, if a doctor or a nurse or other person who provides you with medical treatment fails to take enough care under the circumstances, and you suffer an injury as a result, you have been the victim of medical negligence or medical malpractice.
Medical negligence or medical malpractice does not mean that anyone tried to harm you or that anyone intended to harm you. A doctor or a nurse or a hospital can have the very best of intentions towards you and still commit medical negligence or medical malpractice if they fail to take enough care under the circumstances to protect you from harm.
To prove a medical malpractice case, you have to prove two things: medical negligence (discussed above) and that the medical negligence caused some injury that would not have otherwise occurred. This second requirement is called "causation". In other words, you have to prove that had the doctor, nurse or hospital acted in accordance with acceptable medical standards, the patient would not have suffered the injuries he/she suffered. If the patient would have suffered those same injuries, even if the health care provider was not negligent, you cannot proceed in a medical malpractice case. In most states, both of these elements, negligence and causation, must be established by the testimony of a medical expert.
For more information about medical malpractice, you might want to take a look at my law firm's website. An example of a medical malpractice case is cerebral palsy that is caused by medical malpractice during the birth of a child, which is referenced in the sources below.
How Should My Family And I Go About Getting An Attorney Or Someone To Take On A Wrongful Death.?
My Mom Was Only 57 And We Just Found Out She Had Cancer On Top Of About 6 Other Things Wrong With Her When She Died A Few Months Ago. It'S A Very Long Story, But The Whole Cancer Thing Has Me Personally Reeling Because How Could She Have Cancer And Nobody Even Know About It? Anyways, The Point Is That My Family And I Feel Her Healthcare Was, I'Ll Say Tainted For Now, And Caused Her Premature Death.
We Don'T Have Much Money, So How Would We Go About Getting Some Sort Of Attorney? Is There A Like A Public Defender For This Sort Of Thing? Would A Patient Advocate Do Anything Even Though The Patient Has Passed Away? I'D Appreciate Your Thought And Any Experiance You Have In This Kind Of Matter. Thanks In Advance!
I don't know what the equivalent is in the USA, but over here we would write to our local MP, they would then write to the hospital and ask for a full inverstigation. If the investigation shows it was wrongful death I'm sure you'll find a solicitor that will take on your case. Maybe you should specifically look for a no-win-no-fee firm.
So sorry to hear about your mother. Hope this was of some help.
Trying To Get Legal Aid Assistance?
I Went To Legal Aid Bureau For Assistance With A Housing Matter (Housing Violations), I Was Denied Services Because They Said At Some Time Ago They Represented My Ex-Husband, And That It Would Be A Conflict Of Interest (He May Have Been My At The Time, I'M Not Sure. That Was All The Infor I Was Able To Receive From Them). I Am Not Clear As To Exactly Why And How This Could Be Considered A Conflict Of Interest. I Am Not Suing Nor Is My Ex Suing Me. It Is The City That Has Given Me Violation That I Must Answer To.
Because they have a prior relationship with someone that has a legal relationship with you. they may be privy to things he told them about you, or not, or you could tell them things about him that would jeopardize their prior relationship with him and ability to represent him
hey he may be about to sue you via them, you never know!.
Question About Disability And Lawyers?
Do Lawyers Take Your Case Because They Know They Can Win It What Are My Odds In Winning I Have Congestive Heart Failure With Acute Decomposition My Mother Tried Disability When I Was 9 And I Was Denied Even Though I Was In The Hospital Day After Day Now Im Looking At A Possible Transplant And A Heart Pump And My Lawyer Wants To Go Back Years For Me Any Info And Different Opinions Would Help Thanks Thanks For Reading
Most lawyers won't take on a disability case if they know the person doesn't have a snowballs chance in you-know-where of being approved. But they do take cases where they believe a claim should have been approved or if it's iffy.
As for going back "years" that isn't up to the attorney. If you filed for SSI, disability payment can't go back any earlier than the month and year you filed your last claim since SSI is the federal welfare program based upon current need - not past need. And if you filed for social security disability two factors are used in determining your date of entitlement - No benefits can be paid any earlier than 12 months before the claim is filed so if you filed a claim in January 2013 the earliest possible date of entitlement is January 2012 and the second factor is the date social security establishes as your disability date which can't be any earlier than the date you stopped working and earning $1040 a month or a date they set as later. Also social security disability does not pay any benefits for the first five full months you are disabled so if they determined you became disabled Feb 3 2013 your month of entitlement would be Aug 2013 and the August benefit is paid in September. The five month waiting period does not apply to SSI disability - only social security disability.
Your doctor doesn't make the medical decision. You must be incapable of working and earning $1040 a month in any type of work activity (not just what you've done in the past) for at least 12 months in spite of treatment. Many people with heart problems are perfectly capable of doing desk work. If you are under age 50 you are considered to be a young individual capable of learning whatever skills are needed to do desk work.
If you were denied based upon lack of severity then you need to explain how your condition prevents you from doing ALL kinds of work.
Family Law - Child Custody And Visitation - Parental Rights?
I Have A Friend That Lived In Maryland And She Had... And Still Has Joint Custody Of Their Son That Is Now 14. She Moved To Fl. In 2004 And Her Ex Didn'T Seem To Have A Problem With It Seeing That He Already Had Trouble Keeping Up With His Child Support And His &Quot;New Family&Quot;...That He Cheated On Her With! They Seemed To Try And Get Along Anyway And Remained Civil With Each Other, And She Had Also Remarried Anyway Before Moving. Times Got To Be Rough Here For Them So They Decided To Move Back In '07 At Which Point...Things Were No Better There And The Kids Wanted To Come Back To Fl. So Now She Has Saved Money To Return And Try To Make A Better Life Where She And The Children Would Rather Be Anyway. Since They'Ve Been Back To Maryland, The Ex Has Only Spent Time With His Son A Total Of 4 Times, And Still Even Had Alittle Trouble Keeping Up With Timely Support Payments...When He Found Out That She Was Planning To Move Back To Fl., He Lost It! Said He Was Gonna Call He Lawyer And Fight Her Over It. Even When She Had Her Son Here Before, She Always Made Sure That Her Son Went To Stay With Dad As Agreed, Even Though Her Son Hated Going. She Doesn'T Have Money For A Lawyer And Is Scheduled To Leave On The 25Th...What Should She Do? Please Someone Got Any Ideas...What Are Her Legal Rights? And Does Their Son At Age 14 Have Any Say So In This Matter?
Custody matters are very intricate and depend on a variety of factors that one cannot diagnose over the internet.
She really should try and get an attorney or apply for some kind of legal aid. In many cities there are legal aid clinics which will supply legal advice for free.
In any case it's not a good idea to turn up at a custody hearing without an attorney, especially if the other side has one.
What Are Advantages And Disadvantages To Legal Separation; Not Divorce?
Basically, Anything To Do With Money. Like Is Anyone Entitled To Spousal Support? If One Person Starts Making More Money Then Is The Other Person Entitled To It Like In A Marriage? I Need All The Info On This Type Of Sparation That Has To Do With Money. Thank You!
A legal separation protects both parties against claims of the other. If you file for legal separation and all of a sudden one spouse starts earning more money than the other - that extra money is separate property from the date the legal separation was filed and forward. It also protects each party from the other running up credit card debt or other debts. From the date of legal separation forward, each party is responsible for their own debts.
Even if your friend has moved out of the house and she and her husband are separated but have not filed for a legal separation, the Court will determine the date the parties separated and each parties' assets and debts will STILL be separate.
Are your friends in a community property state? If so, when they actually have their dissolution, the Court will divide up the property equally from the date of marriage to the date of separation.