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Should You Sue For Medical Malpractice?

Should You Sue For Medical Malpractice?When patients seek medical care, they expect to have their illness or injury treated competently. Unfortunately, physicians or other health care professionals sometimes cause further injuries, complications, or even death. As a medical malpractice lawyer victims trust from the Law Office of Daniel E. Stuart, P.A. can attest, if this happens to you or a loved one, you may be able to file a medical malpractice lawsuit.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or other health care professional does not meet a reasonable standard of care, and harm comes to a patient as a result. Examples include:

  • Misdiagnosis
  • Incorrect medication prescribed
  • Incorrect treatment of medical issues
  • Improper surgical procedure
  • Delaying necessary treatment
  • Negligence

Do You Have a Viable Case?

Some patients aren’t satisfied with the outcome of their treatment or procedure, but that is not grounds for a lawsuit. Damages must be a direct result of a health care professional’s negligence. If your situation meets all of these criteria, you may be able to sue the provider. If you are considering suing for medical malpractice, overwhelming evidence must show that:

  • You were the health care professional’s patient
  • The provider was negligent 
  • This negligence caused harm
  • Specific damages occurred as a result of the negligence

Examples of damages include:

  • Mental or physical pain and suffering
  • The need for further medical care, which would not otherwise be needed
  • The inability to work, either temporarily or permanently
  • Disability

Are There Many Expenses?

Medical malpractice lawsuits can be very complicated and draining, both emotionally and financially. If you don’t win your case, you will be liable for all of these costs, which can be tens of thousands of dollars. Can you afford to lose that much money? Before deciding if you should sue, determine if you can pay out of pocket for:

  • Medical examinations
  • Copies of all relevant medical records
  • Expert testimony
  • Court costs 
  • Attorney fees

What Else Should You Consider?

 Medical malpractice laws vary. Check your state’s statutes to see:

  • How soon the lawsuit must be filed after the incident that caused damages
  • If the medical provider has to be notified before filing the lawsuit
  • If there is a cap on monetary awards 
  • The qualifications for an expert who will testify on your behalf

Likely more than one attorney will question you thoroughly, and details of your life and your finances can be made public. Are you prepared for the scrutiny? It can be challenging to win a medical malpractice case. As a lawyer from the Law Office of Daniel E. Stuart, P.A. would suggest, you must carefully weigh the potential benefits of winning against the expenses before proceeding further.

4 Tips To Choose The Right Business Lawyer 

On a typical day, entrepreneurs may wonder whether their small business really needs legal assistance when it comes time to make a major deal or manage a lawsuit. However, the advantages of having legal help become more apparent. Choosing an attorney or law firm that fits well with your company isn’t always straightforward. Consider a few tips that may help you select your optimal legal advisor.

1. Pinpoint Your Needs 

First, make sure you have a clear understanding of your expectations for your attorney. Do you need him or her to write up and review contracts now and then? Will you be working with your attorney on an ongoing basis? Ask your prospective legal representative whether he or she can fulfill these roles.

Additionally, be sure to note whether your industry involves many rules and regulations that your legal professional must understand. Some attorneys may have experience working with companies in specific industries and it can be advantageous to find someone who understands the unique liabilities you may face. You may also require legal counsel about specific issues such as tax laws, so be sure to inquire whether a given lawyer specializes in these areas. Other important things may come up too, like when another business is attempting to compete that may seem to cross legal barriers that are unfair to your business. If this is happening to your business then consider reaching out to a business non-compete agreement lawyer in Des Moines, IA from a law firm like the Law Group Of Iowa.

2. Discuss Prices

Successful entrepreneurs have to stick to their budgets, so it’s critical that you know all the ins and outs of your lawyer’s fees. Some legal professionals charge by the hour, while others may set a price for each specific task you require. Depending on your advisor’s degree of experience, these fees may vary over a great deal of different price points.

3. Consider the Attorney’s Location

Although it is not always necessary to meet with your attorney in person, it is best to find a lawyer in your area. This way, he or she can represent you in court or attend meetings between several parties. A good way to find an attorney near you is to ask for referrals from other entrepreneurs you know and trust. You could also check the bar association’s website to make a list of the legal professionals in your city.

4. Understand the Firm’s Approach

Finally, do your research and ask attorneys about how they handle work for each client. For example, how often and at what hours will your advisor be available to provide legal counsel? Additionally, note whether you will be working with a single lawyer or multiple associates. Make sure you will be able to get skilled help when you need it.

Finding a trustworthy legal advisor is a must as this person will be involved in many of your company’s most important decisions and help to drive the business forward. 

FAQs About Utah Motorcycle Accidents

Motorcycle Accident Lawyer Salt Lake City UT

A motorcycle accident lawyer Salt Lake City UT clients recommends understands that the injuries sustained in motorcycle crashes are often more extensive than those in other types of vehicle accidents. The following are some FAQs that the legal team at R hears. Contact us for more detailed information and to discuss your case.

What Is the Difference in Medical Expenses for Motorcycle Accidents and Other Vehicle Accidents?

According to several studies, on average, motorcycle accident victims end up with almost double the medical bills that other vehicle accident victims face. National statistics reveal that almost 80 percent of motorcycle accidents cause serious injury or injury to the rider. Because there is nothing protecting the motorcyclist from the full brunt of the vehicle impact, there is a larger risk of severe injury. Many motorcycle accident victims are left with permanent disabilities because of the accident.

What Kind of Damages Can a Motorcycle Accident Victim Pursue in a Personal Injury Claim?

Because of that lack of protection mentioned above, the injuries suffered by a motorcycle accident victim are often catastrophic, requiring extensive recovery time and medical care. Some of the most common damages a motorcycle accident lawyer can include in a claim or lawsuit include:

  • Past, current, and future medical bills
  • Loss of income, including loss of future income if the victim is permanently disabled
  • Pain and suffering
  • Mental anguish
  • Permanent disability
  • Disfigurement
  • Scarring
  • Loss of life enjoyment

Are Motorcycle Helmets Effective in Preventing Injury?

It is estimated that a Department of Transportation (DOT) certified helmet is almost 70 percent effective in preventing head injuries in the event of a motorcycle accident. It is important to realize, however, that a victim can still sustain serious brain trauma, even with a helmet. Brain trauma can occur if the brain is rattled or hits the inside of the skull during the crash.

Even though there is still some risk, evidence shows that helmets do prevent brain trauma. In one study conducted by the National Highway Traffic Safety Administration (NHTSA), in one year, almost 1,200 lives were saved because the rider was wearing a helmet at the time of the accident. Tragically, the NHTSA also found that almost 750 riders who were killed in motorcycle crashes would have survived if they had been wearing a helmet.

My Loved One Sustained a Serious Brain Injury in a Motorcycle Accident. What Legal Options Do We Have?

Under Utah law, if the other driver was at -fault, a motorcycle accident lawyer can file a lawsuit on behalf of the victim against that driver. Even if the motorcyclist was partially at fault for the crash, as long as that fault was 50 percent or less, the victim can still sue the other driver under Utah’s comparative negligence law.

What Steps Should a Motorcycle Accident Victim Take Immediately Following a Crash?

The first thing a victim should do is seek medical attention right away, even if they think they only have minor injuries. It is not uncommon for serious injuries to have delayed symptoms. These injuries include brain injuries, injuries to organs or other internal injuries can have no symptoms until the situation becomes dangerous.

Once you have seen a medical professional, your next step should be to call Rasmussen & Miner and meet with a dedicated Utah motorcycle accident lawyer for a free case evaluation.

Texting While Driving Accident Claims

The United States Department of Transportation states that “In 2020, 3,142 people were killed in motor vehicle crashes involving distracted drivers.” Distracted driving includes anything that takes a driver’s attention away from the road and their surroundings even just for a few seconds. Common examples include: eating and drinking, talking, messing with the radio, fiddling with navigation systems, and most commonly, using a cell phone. The use of a cell phone while driving is illegal, and can also cause extreme danger to you and those on the road around you. Even though a driver might only be taking their attention and eyes off the road for a few seconds, this is enough to cause an accident that injures or kills other people resulting in texting while driving accident claims, as explained by our friends at Schehr Law.

State Laws

Currently, 48 states have a strict ban on texting while driving for all drivers. If you are caught, there are various possible consequences:

  • Monetary penalty/fine
  • Suspended license
  • Increased insurance costs
  • A prison sentence (in instances with injuries/death)

In some states, the texting law only applies when vehicles are moving. Meaning that texting or phone usage at a red light is allowed. In addition to this law, drivers are unable to text and email while driving but are allowed to access navigation and search for contacts on their phone. This makes it hard for officers to know if an individual is texting or using navigation while driving without obtaining a search warrant.

Texting While Driving Accident Claims

Texting while driving accident claims are very complex cases and include a gray area for liability. If pulled over by an officer who claims you were texting while driving, you are not required to hand over your phone. They would need to obtain a search warrant to access the information on your phone, which does not happen every time someone is pulled over.

Liability

As mentioned earlier, liability can be unclear in these cases until phone records are obtained. A person who is texting and driving is negligent and at least partially responsible for the collision. If an incident occurs and phone records need to be requested, it is important to reach out to an experienced attorney. An experienced attorney will be able to obtain these records and will know what steps to take to build a strong case where texting or cell phone use was involved in the accident.

Damages

There is a possibility that the negligent driver would be ordered to pay for damages or losses such as:

  • Any medical expenses, including an ambulance, treatment fees, hospital bills, physical therapy, etc.
  • Pain and suffering and emotional distress
  • Any damage to property, including car repair, and any other personal property that was destroyed in the accident
  • Any incidental expenses, such as crutches, care, a rental car, and any over-the-counter medications necessary

Contact an attorney today to discuss your driving accident claims. Personal injury laws differ from state to state. If you’ve been injured in an accident involving a vehicle, a car accident attorney can explain the law to you and depending on your circumstances, help you to file a personal injury claim.

A Child Support Lawyer Breaks Down the Warning Signs of Divorce

Child Support Lawyer

A divorce is never easy, and while some couples can split amicably, things turn ugly when there’s money  or children involved – and especially ugly when you have to battle over both.

Many divorcees admit that they were caught completely off guard by a divorce, whether because they were too busy to recognize the warning signs, or because there was a complete communication breakdown that they assumed was just another rough patch. But, as a child support lawyer in Kansas City, KS like our friends at the Law Office of Daniel E. Stuart, P.A. can explain, there are plenty of red flags that a divorce is coming, and plenty of ways you and your spouse can avoid disaster.

What are the Warning Signs?

There are many warning signs, and every couple is different. You may not have noticed these signs in your own relationship, but you might want to take precautions just in case. On the other hand, you might feel like it’s time to cut loose from your spouse and get out of a toxic marriage. There are several signs that divorces have in common, and these are just a few:

  • Lack of Intimacy: Every couple has hot and cold moments, but if there’s no intimacy at all and you’re barely showing any affection for each other, it could mean some trouble for your marriage. It’s important to feel loved, and important to express your love for one another. And if you’re not doing that, you’re not communicating on a deeper level.
  • Stonewalling: If you and your spouse have stopped talking completely, it’s not a good sign. The silent treatment isn’t good for building a healthy relationship. It’s important to maintain communication, even if you’re worried about fighting.
  • Constant fights: Conversely, there’s a point where your arguments and fights become too much. Arguing and disagreements happen in any relationship, but there’s a point where it begins to foster resentment.
  • Resentment or disgust: This red flag is a big one. If you and your spouse can’t stand to be in the same room together, and the sight of one another is enough to make you feel nothing but hatred or disgust, there’s a definite need to get help or prepare for the worst.

What Does a Divorce Entail?

A divorce might seem like the easy way out when your marriage is on the rocks. But a divorce isn’t the fast ticket that many people think. Divorces can turn ugly, and every divorce comes with a court battle that can determine what you lose and what you keep. And of course, aside from possessions, there’s the question of who raises the kids, and who has to pay child support.

If your relationship reaches the breaking point, you might think a divorce is your only option. Fortunately there are other possibilities you can pursue to help your marriage heal.

What are Some Alternatives to Divorce?

A divorce should be a last resort. Rather than jumping straight to breaking apart your marriage (and your family) you and your spouse can work together to put things back together, whether through counseling or just being more communicative. If your marriage is strained by substance abuse, an intervention and rehab can be the answer. Every marriage is different, and ending your marriage means closing the book on a story that might not be finished yet.

Get in Touch with a Child Support Lawyer

If you’re sure divorce is your only option, you can get in touch with a child support lawyer who can walk you through the divorce process, and – importantly – who can ensure you get as much time with your kids as possible.

Don’t get caught by surprise. Know the signs of a divorce, and get in touch with a legal team who cares.

Man Sustained Critical Injuries in 5-Vehicle Accident - accident car on the tow truck

Man Sustained Critical Injuries in 5-Vehicle Accident

On Aug. 12, 2022, a 66-year-old man sustained life-threatening injuries when he was pinned under a car during a multi-vehicle crash in Salt Lake City. He was taken to a hospital for treatment. The accident involved a delivery truck driver, who lost control of the truck and struck four parked cars.

The accident caused major traffic jams in the area that lasted for hours. The delivery truck driver was also taken to the hospital to get checked for injuries. Investigators are trying to determine if the driver had a medical episode when the accident occurred.

Car Accidents Frequently Result in Hospitalizations

Car accidents frequently result in severe injuries, like broken bones and head injuries, that land people in the hospital. Accident victims may be hospitalized for days or even weeks. Being hospitalized is bad enough, but if you become a victim of hospital negligence on top of it, the entire situation becomes even worse. Unfortunately, however, this happens more often than you might like to think.

Hospital negligence occurs when a doctor or other hospital staff member is careless and injures a patient as a result. Hospitals are held to a reasonable standard of care and can be considered liable if they deviate from that. Here are the most common examples of hospital negligence.

  • Performing surgery on the wrong body part
  • Performing surgery on the wrong patient
  • Leaving a surgical instrument inside a patient
  • Discharging a patient too early
  • Failing to order CT scans and other imaging tests to diagnose a condition
  • Failing to diagnose a medical condition
  • Infections

Liable Parties in Hospital Negligence

Multiple individuals may be held liable if a patient suffers injuries in a hospital due to negligence. For example, if a nurse doesn’t wash his or her hands and a patient suffers an infection because of it, the nurse may be held responsible. Likewise, if a doctor leaves a surgical instrument inside a patient during an operation, he or she would be held liable. If the doctor is an independent contractor, the hospital might not be held responsible for the mistake. However, if the hospital continued to employ a doctor they knew was negligent, they may be held responsible in a legal claim.

Contact a Hospital Negligence Lawyer

Hospital negligence claims are one of the most complex types of personal injury cases. Therefore, if you suffered an injury in a hospital, it is important to have a hospital negligence lawyer Salt Lake City, UT residents trust on your side. A lawyer can thoroughly investigate your case and hold the right people accountable. He or she will know the true value of your case and won’t let the insurance company take advantage of you. At Rasmussen & Miner, we understand how devastating it is to be the victim of hospital negligence and want to help you get justice.

How Not To Get In Your Own Way During a Criminal Case

How Not To Get In Your Own Way During a Criminal Case

If you are facing a serious conviction, then chances are you will need to get a lawyer for assistance. Being accused of a crime is terribly stressful, and you may be worried about the future of your personal relationships, career, freedom, and family. Here are some things to keep in mind as your criminal case moves forward so that you don’t get in your own way of an outcome in your favor:

Show respect in court.

It does not matter the type of criminal offense you are dealing with, you always have to act respectfully in court. Wear appropriate attire, be polite to everyone, and avoid making gestures that are argumentative or aggressive. Communicate courteously to the judge, the opposition, the jury, and law enforcement officials. 

Do not lie to your lawyer.

Untruths may come out anyway as the legal proceeding goes on. In fact, the prosecution is looking to find information or evidence that supports their claims against you. If you lie or hold back details about the situation, then your lawyer won’t be able to do their job based on the full truth, meaning your case verdict may suffer. 

Avoid social media use.

Do not discuss your criminal case on social media, whether that be Instagram, Facebook, TikTok, or any other online platform. It doesn’t matter if your profile is private. Remember that the prosecution is doing everything within their power to find information about you that hurts your case and proves that you are guilty.

As a criminal defense lawyer from Law Group of Iowa would agree, there are ways people can influence a verdict in their favor. Be sure to remain open with your lawyer about truths and refrain from being disrespectful in court. Social media use may just become evidence used against you as well, so it may be worth staying off until your case is closed.

3 Important Traits Of Family Lawyers You Should Look For

It can be hard to find the right family lawyer for your case. The process can be challenging and stressful, especially when you aren’t sure what to look for. When it comes to finding the right lawyer for you and your case, you may not know where to start.

With those who practice family law, there are several important traits that they all share. In order to find a qualified lawyer, you should be on the lookout for the following traits to ensure that you will be treated fairly and with care according to our friends at the Law Group of
Iowa
.

  • The Lawyer’s Diligence

You can tell the diligence of your lawyer from the very moment that you contact them. Did the lawyer take your call or did you talk with a secretary? Did they take the time to speak with you about the issues or did they jump to how much they charge? Do they offer an in-person consultation that goes over the facts, the laws, and the issues that may be presented in your case? When you are choosing the right family lawyer for your case, you should keep these questions in mind. It gives you a preview of the type of diligence you can expect when you hire them.

  • The Lawyer’s Communication Skills 

 Lawyers, as professionals, need to have superb communication skills. Your family law lawyer should be accessible to you if you have questions pertaining to your case. When you call, you should be talking with your lawyer, not the paralegal with her secretary. The paralegal or secretary should not know more about your case than the lawyer does. A lawyer should be in regular contact with you about the status of your case and they should be available in a reasonable timeframe to answer your questions. If you are left with radio silence for longer than a few days, it is a good chance that your lawyer has too many cases on their hands. 

  • The Lawyer’s Patience 

You’re probably aware of the type of lawyer that loses their patience, yells at you, yells at other lawyers, yells in court, and calls themselves aggressive. You don’t want to hire that type. It’s one thing to be blunt and to the point, but it is another to let your emotions get the better of you. You’re already going through a difficult time and you need a lawyer who can be calm and patient through the entire process. Some of the top family lawyers will be able to have you manage your own emotions in order to let them knock at the best of you all while regulating their own emotions at the same time.

Finding a lawyer doesn’t have to be hard. We know it is an important step, and that is why we suggest reaching out to a family lawyer if you have any more questions about what to look for in a lawyer.

What Are Your Options if You Didn’t Receive Overtime Pay? 

What Are Your Options if You Didn’t Receive Overtime Pay? 

In an effort to cut costs many employers may deny their employees the overtime pay they deserve. The Fair Labor Standards Act (FLSA) is a federal law that guarantees workplace protections, including overtime pay for nonexempt employees. This means that if you work more than 40 hours a week, and you are a nonexpert employee, then your employer must pay you for that overtime at a rate of one and a half times your regular rate. 

If you are one of the nonexempt employees and you have worked overtime but haven’t gotten paid, you may be wondering what to do next. 

Reasons Your Employer May Be Denying You Overtime 

Overtime laws are confusing so it is no surprise that employers use this to avoid paying you overtime. There are many tactics that employers use to get around paying their employees overtime. Here are some of the common excuses that employers use to deny overtime pay: 

  • You are a salaried employee
  • You’re an independent contractor
  • Overtime hours are compensable time
  • You failed to get authorization to work overtime 

However, salaried employees can still receive overtime and independent contractors need to meet certain requirements to qualify as such. The compensable time is the time for which an employee is entitled to compensation and is determined by the employee’s job requirements. 

Options You Have if Your Employer Has Not Paid You Overtime 

If your employer is wrongfully withholding payment for overtime hours you have to act quickly to protect your rights. There are several options that you have but you have to make sure you act quickly. 

The very first step that you should take is to talk to your employer. It is completely possible that your employer didn’t mean to compensate you. If you believe that it is intentional then you may need to take legal action. Here are some options that you could do: 

  • File a Complaint: You can file a complaint to the U.S Department of Labor, Wage-Hour Division (WHD). By filing a complaint with the WHD they will start an investigation into your employer’s payment practices. This will determine if your employer is in compliance with the law. However, if you do this you cannot bring a private lawsuit against your employer if the Secretary of Labor brings a lawsuit on your behalf. 
  • File a Lawsuit: You can also sue your employer for unpaid overtime. It would be up to you to prove evidence that you worked more than 40 hours and show that you were not paid time and a half. If you are successful with your lawsuit then your employee will be required to reimburse you. 

If you have found yourself in the position then talk to an overtime lawyer, like our friends at Disparti Law Group, for more information about what your next steps could be. 

Understanding the Key Arguments For and Against Medical Malpractice Reform

Mass Tort Lawyer

Are you curious about medical malpractice reform? These laws are in existence to protect both patients and doctors if there are mistakes. As a result, doctors must carry malpractice insurance in case a patient files a lawsuit against them. However, insurance costs have risen dramatically over time, and the lawsuits have become drawn out in court. With unsatisfactory results for both patients and doctors, there have been proposals about changing the regulations. 

Reform Suggestions 

As a mass tort lawyer from a firm like the Law Office of Daniel J. Stuart, P.A. can explain, currently, states determine specific regulations concerning medical tort law. Reforming these laws on a federal level makes the requirements for a medical malpractice suit the same for all states. The two main points of the reform are:

  1. Limit the amount of time patients can file a claim.
  2. Cap the amount of money that plaintiffs receive for pain and suffering.

Time Limits

The statute of limitations varies from 2 to 10 years in different states. Leaving this as stated is a benefit for the patient because, in some states, it allows them to file a case if injuries arise years after the incident.

However, time limits are not beneficial for doctors. Suits filed years or a decade after an incident may have occurred from subsequent accidents, leaving them to pay for something that isn’t their fault.  

Pain and Suffering Limits

In addition to limiting the time a plaintiff has to file a lawsuit, there is also a recommendation of a cap on the amount of pain and suffering that a court can award. There are many reasons people support a cap, such as:

  • Limiting awards may decrease the number of cases filed against doctors. 
  • Fewer cases for insurance companies to deal with in court means that premiums become less expensive for doctors, saving their patients money in the long run.
  • Small medical practices can spend their money on improving patient care instead of costly malpractice insurance. 
  • Doctors may be more willing to try new lifesaving procedures and medications if they don’t have to worry about the possible risks involved. 

Just as there are people who support a cap, others don’t want any financial limits. One of the reasons that people don’t want to see a cap is that each patient and injury are unique, and their suffering may warrant a higher dollar amount. Others feel a low financial limit won’t incentivize doctors enough to avoid similar situations, putting more patients in danger. 

Reevaluating medical malpractice law has arguments both for and against it. If you want to file a case before laws are reformed, contact an attorney today.