Medical Malpractice: What Causes Wrongful Death?

Medical professionals hold an astounding amount of responsibility in their hands. Physicians, nurses, and other health care personnel are accountable for millions of patients every day. From simple ailments to live-threatening conditions, medical professionals are expected to give their patients the best care and treatment they can offer.

Sometimes, reality paints a grimmer picture. There are moments when the medical professionals fail to live up to the standards mandated by the fields of medicine and health care. In some cases, these incidents lead to fatalities that could have otherwise been easily prevented. As pointed out by Hach & Rose on their website, around 10,000 individuals are expected to die due to medical malpractice and hospital negligence each year. This significant number shows that wrongful death is a serious issue in the medical profession.

Wrongful death happens when physicians, nurses, and other medical staff commit negligent errors. Sometimes, these errors may seem like of little consequence. However, considering the stakes involved in such cases, slight mistakes can’t be excused. The errors that lead to such tragic outcomes often include the following:

  • Wrong or delayed diagnosis
  • Surgical errors
  • Failure to follow standard procedures
  • Inability to properly care for and observe patient

According to the website of Habush Habush & Rottier S.C. ®, a patient’s death can be justly compensated through a medical malpractice suit if it was caused by any negligent behavior on the part of medical staff and the hospital or institution they are serving. With an experienced personal injury lawyer, surviving family members can receive appropriate damages for the pain and suffering caused to them by an incident of medical malpractice. If you are in a similar situation, don’t hesitate to contact a lawyer practicing in your area to learn more about your legal options.

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Claiming Social Security Disability Benefits

There’s no way to account for accidents that might happen. While people can do their best to prevent the risk of such incidents from occurring, it’s best to be prepared for any possible outcome. Insurance is one of the most sure fire way to make sure accidents and the injuries they cause won’t get in the way of financial opportunities. For individuals who have been disabled in an unforeseen scenario, claiming Social Security Disability benefits can be viable option.

Social Security Disability Insurance or SSDI is a form of financial assistance that allows individuals with disabilities to receive regular compensation. The payments made under the SSDI program are intended to help cover costs form medical care, lost income opportunity and other financial needs. Benefits from SSDI can be claimed by the person with disability or those who are responsible for their immediate care.

To qualify for these benefits, a claimant will have to meet the following criteria:

  • Aged 65 and below
  • Insured Social Security members
  • Employed long enough to make Social Security payment contributions and earned sufficient credits
  • Diagnosed with total disability for at least the last year that is expected to last for another year

The amount of compensation and the length of time it will be received by approved beneficiaries will depend on a variety of factors. An Indiana Social Security disability lawyer could further explain this, but primarily, the amount of payments they’ll receive is determined by the nature and severity of their current condition.

The process will start by filing an application with the Social Security Administration. Because applications can often take time to get approved, it would be best to seek out legal counsel to learn more about the appropriate steps required. This can also help speed up the process. To learn more about making Social Security Disability Claims, don’t hesitate to contact an experienced lawyer practicing in your area.

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What are the Most Causes Common Motorcycle Accidents?

The Insurance Institute for Highway Safety (IIHS) emphasizes the dangers of motorcycle accidents by reporting that there are 26 times more fatalities in crashes involving motorcycles than cars. According to the webpage of the Habush Habush & Rottier S.C. ®, this alarming number is mostly due to the fact that motorcyclists aren’t as well protected as drivers and passengers riding in other vehicles.

The first step to preventing these fatalities is ensuring motorcycle accidents are prevented through taking necessary safety precautions. To help in that regard, we have listed some of the most common reasons why motorcycle accidents occur. Learning more about the following incidents can help motorcyclists avoid potentially dangerous scenarios.

  • Sudden stop collisions aren’t as dangerous for cars and other larger vehicles as they are for motorcycles. Rear-ending a vehicle can cause a motorcyclist to fall off their bikes.
  • The size and speed of motorcycles contribute to the risk of accidents occurring on the road. Collisions between motorcycles and other vehicles happen mostly because the riders are hidden by blind spots.
  • Motorcycle accidents can also occur due to road conditions and mechanical defects or malfunction. A motorcycle can skid on the road due to slippery roads. It can also go off-track due to a busted tire.
  • Motorcycle accidents are also caused by collisions with open car doors. This is especially common in residential streets and urban areas where drivers might leave their car doors open for a significant amount of time.

Fatalities aren’t the only cause of concern regarding the motorcycle accidents listed above. When a motorcyclist survives an accident, he can still come out of the incident with some pretty serious injuries. Motorcycle accidents typically result in injuries like road rash, broken bones, traumatic brain injuries, spinal cord injuries, and internal organ damage.

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When Employer Negligence Leads to Workplace Injuries

Construction work is often regarded as one of the most dangerous professions in America. This comes as no surprise considering the nature of tasks involved in the labor-intensive industry. Construction workers are typically exposed to different risks such as accidents involving heavy machinery and toxic hazards. These accidents then result in serious illness or injury. Sometimes, they can also lead to fatalities.

According to the Occupational Safety and Health Administration (OHSA) under the Department of Labor, around 3,929 private industry construction laborers died in the year 2013. Their report also identifies the common causes behind these fatalities. Based on available data, injuries in construction work are typically caused by the following incidents: falling, getting caught in between objects, getting struck by an object, and electrocution.

Preventing future incidents like these require plenty of work. It’s important to emphasize that majority of the responsibility should lie on the employer. Construction firms and companies are accountable for any negligence that occurs in the workplace. According to the website of Robert Wilson & Associates, employer negligence is often characterized by the following scenarios:

  • Inability to provide proper safety gear and equipment
  • Failure to adequately train employees
  • Violation of safety codes mandated by law

When these instances of negligence lead to unsafe working conditions, employers will need to provide sufficient workers’ compensation for aggrieved employees. Workplace injuries can place employees in difficult financial situations. Serious injuries will require expensive medical care, as well as a long period for treatment and recovery. Workplace injuries rob employees of an opportunity to earn an income, costing plenty of stress for their families and dependents. These financial issues should be properly addressed by employers through workers’ compensation benefits.

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Business Concerns: Bankruptcy and Intellectual Property Issues

According to statistics gathered by Forbes from the U.S. Small Business Administration, small businesses have been responsible for generating 65 percent of new net jobs since the year 1995. The data also approximate that around 543,000 new businesses get established every month. Despite the active role they play in today’s economy, small businesses can also be a challenge to get started and run. In fact, the SBA’s data show that 7 out of 10 newly opened businesses survive at least two years, about 5 of 10 last until 5 years, and a third remain open for 10 years. Only a quarter of small businesses stay open for 15 years or more.

How can business owners ensure the longevity of their livelihoods? Most of the time, small businesses shut down due to financial issues. Other times, small businesses are forced to shut down because of legal hurdles. Here, we will address two of the most common concerns that might arise for small business owners. Learning these issues will help business owners prepare for scenarios that might cost the stability of their firms or establishments.

Addressing Debt Problems

A small business that’s just starting out will require plenty of resources to gain stability and longevity. In order to do this, most business owners take out loans in order to fully fund their operations during the start of their run. Unfortunately, there are times when these debts pile up and cause heavy financial burden on the business. These scenarios are especially common considering the constant variations in the economy and business cycle in the recent years. In most cases, businesses can address debt problems and regain financial stability by filing for either a Chapter 7 or Chapter 11 bankruptcy.

Intellectual Property Protection

Another common hurdle for small business owners are issues involving intellectual property. Small businesses thrive when they are able to maintain a unique brand identity. Having specialized logos and products or services ensure that they keep a competitive edge. When particular aspects of a business are infringed by another, a business owner can lose a lot of valuable market opportunity. According to the website of Gagnon, Peacock, & Veerke, P.C., common intellectual property issues include copyright infringement, trade dress infringement, and unfair competition.

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California Traffic Laws: When is a DUI Considered a Felony?

Drunk driving is considered a serious offense across America. The National Highway Traffic Safety Administration reported that there were a total number of 32,719 alcohol-related traffic fatalities for 2013 nationwide. Considering the high rate these accidents occur, it’s easy to why drunk driving is often met with harsh punishment. Even as policies vary from state to state, anyone charged with driving under the influence (DUI) can expect to meet some pretty steep penalties. In California, for example, certain circumstances involving drunk driving violations can be charged with a felony.

According to California traffic laws, an individual operating a vehicle with blood alcohol content (BAC) that exceeds a specific level can be charged and later convicted with a DUI. The first three DUI offenses are often considered misdemeanors. A DUI arrest becomes a felony when the driver involved commits a fourth offense within the span of 10 years or causes vehicular homicide. A DUI can also be considered a felony if it involves other traffic violations such as reckless driving.

Similar to most states in America, California DUI laws mandate that private individuals are not allowed to drive with a BAC level of 0.08 percent or higher. The rules are more stringent for drivers of commercial vehicles—having a BAC level at or above 0.04 percent is illegal. Meanwhile, driving with a BAC level above 0.01 percent for anyone younger than 21 will merit and DUI charge.

Penalties for a felony DUI will depend on the circumstances of an arrest. If the incident is proven to have caused personal injury, the defendant will have to undergo a restitution hearing and pay a specified amount to cover damages. Meanwhile, a driver proven to have committed a fourth DUI offense within 10 years could end up facing a maximum of 180 days in jail, up to $1,000 in fines, and a four-year license suspension.

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