Can Seeking an Apology From a Medical Professional Impact Your Malpractice Claim?

Posted by on Feb 21, 2017 in Uncategorized |

If you or a loved one has recently been made ill or suffered complications following a routine medical procedure, you may be wondering whether a malpractice lawsuit is the best way to secure compensation for the needless pain and suffering you’ve experienced. You might have also heard about the protections some states have extended to medical professionals who offer an apology after a procedure gone wrong, preventing such apologies from being used as admissions of guilt in a subsequent malpractice proceeding; but what can this mean for your case? Read on to learn more about the protections “apology” laws can provide to healthcare professionals, as well as when such apologies could raise the question  What is the Apology Rule?  Prior to the advent of this rule, many physicians and medical professionals were reluctant to make any apologies to patients (or their loved ones) after a procedure went wrong, for fear that this apology could be used as evidence of culpability in a later malpractice case. Some lawmakers hypothesized this dearth of apologies actually led to higher malpractice rates, as patients who might have been satisfied by a sincere expression of sorrow instead sought their pound of flesh in court.  In response, a number of states (32 at last count) passed “apology” laws that prevent injured patients or their family members from using a physician’s apology as evidence in a later malpractice action. This means that even if the physician makes a statement like “I made a mistake while treating you and I’m very sorry for the results,” this admission is insufficient to bring a malpractice claim to court.  However, it’s been argued that these apology laws haven’t had any practical effect on the number of malpractice claims filed, and some even argue that states with apology laws may actually see a slightly higher malpractice rate than those that don’t provide these same protections.  How can a medical professional’s apology impact your ability to file a medical malpractice claim?  Although those who were injured in one of the 32 states with apology laws on the books may not be able to rely on a physician’s apology (or lack thereof) as evidence of guilt in a malpractice claim, you’re certainly not prevented from filing such a claim against a physician who has apologized — and as long as you’re able to proffer enough additional evidence to show that the physician was negligent or reckless, you shouldn’t have a problem prevailing in...

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A (Mug) Shot to Your Reputation

Posted by on Jan 27, 2017 in Uncategorized |

It has become a common occurrence: if you want to find more information about someone, you simply enter their name in a popular search engine and view the results. Many people are researching their job applicants, dates, babysitters and more by searching online, and often the results at the top of the first page contains information about an arrest and an accompanying mugshot. The justice system is supposed to protect people by giving them the status of “innocent until proven guilty”, but the appearance of someone on one of these mugshot websites seems to run counter to that. Read on to learn more about what happens when your face is plastered on the internet for a crime that you were not guilty of committing. The picture of guilt. The booking information about those arrested is considered public information, and the ability to view the actions of the justice system openly provides a valuable means of keeping check on the actions of the law enforcement community. That being said, being arrested for a crime is not the same as being convicted of a crime. You will not likely find the mugshot websites doing follow up reports on those who’s charges were dropped or who were found to be not guilty. The damage done by the publication of a mug shot cannot be undone; once a potential employer views your mug on the internet, you are not very likely to be interviewed or hired for a position, regardless of the final outcome of your case. The business end. Many law enforcement agencies do publish arrest information and mugshots, but they seldom have the storage capacity to keep this information indefinitely. That is where companies like Mugshots.com comes in. Their “bots” search the law enforcement websites and mine the data their for publication on their own, for-profit websites. You should understand that there is no law against this practice, which may explain why these types of sites seem to be multiplying rapidly. Where’s the money? You may be wondering how these websites produce income, and it is the same way that many websites profit: by selling advertising on it. However, there is another source of income for these websites that is more controversial. It seems that if you wish to have your photo removed from the website you can do it for a fee. Since your photo and information can easily appear on dozens of these sites, you can imagine how expensive it could be to totally erase those images. While there are few sites that offer to remove the information of people who have been exonerated, they are few and far between. The question of the legality of these websites requiring...

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Tips on Creating a Will and Passing Along Wealth

Posted by on Jan 4, 2017 in Uncategorized |

In order to pass along wealth, outline your wishes, and protect your loved ones after your death, you will need to create a will and hire an attorney who can help you with all of the legal aspects surrounding the will. Some things you will need to keep in mind include hiring the right wills and trusts attorney, putting together a will, and also matching your will with a thorough life-insurance policy. With these points in mind, follow the three tips below so that you can put together your final wishes with no problem.  #1: Hire a Quality, Credible Wills-and-Trusts Attorney Your first step, before putting pen to paper on a will, should be to hire a credible wills-and-trusts lawyer. These professionals will help you to understand the process, what is required of you, and what the law says about the points you want to make in your will. These attorneys will guide you every step of the way and will maintain records of your will for safekeeping once it is done. Speak to a few different lawyers to get a feeling on which you believe would be best positioned to help you create your will. It might cost you about $1000 or so to hire a top-notch wills-and-trusts attorney. #2: Take Your Time to Thoroughly Complete Your Will to Your Liking There are a lot of things you will need to keep in mind when putting together your will. You should first and foremost figure out your beneficiaries and decide how you would like to execute the will at the time of your death. In most cases, your attorney should be trusted to handle this to diffuse any incompetence or conflicts of interest. It is important to remember that the most current version of your will is the one that will be executed, so continuously update it throughout the course of life changes and accumulation of wealth. #3: Create a Life-Insurance Policy Finally, be sure that you open up a valid life-insurance policy. Life insurance is useful because it can typically kick in before a will is executed. The proceeds from your life-insurance policy will go to your loved ones as soon as they display a death certificate, and some of this money can go toward your funeral costs if necessary. Shop around with different insurance providers to make sure your loved ones are cared for in this regard as well. Use these tips and touch base with professionals who can help by talking to firms such as Donald B Linsky & Associate...

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Tips On Winning A Car Accident Case

Posted by on Dec 18, 2016 in Uncategorized |

If you are a person that has been in a car accident, you likely are able to see the car accident easily from your side. This might get harder if the person who was also involved in the car accident claims it was your fault and you disagree. You and the other person might go to court in order to determine who was at fault during the car accident and who, therefore, has to have their insurance pay the claims, which could cause that person’s insurance rate to go up. Here are some tips on winning a car accident case when the only solid evidence is the testimony of both you and the person who was also involved in the car accident. 1. Firm Up Your Credibility If you are participating in a “he said, she said” car accident case, there’s a good chance that your credibility is going to be the most important part of your case. The jury is going to have to decide whose testimony is more trustworthy, which means that you are going to have to make sure that yours matches all parts of your statement. You can assume that the legal advice for the opposing side is going to be looking at your statements and trying to figure out if they are true or consistent. If they are not consistent with previous statements that you have made, then your credibility is going to be in question. You can resolve this by making sure that your statements are always consistent with one another. You can also firm up your credibility by dressing well in court. This means wearing a matching suit and tie and making sure that everything is not wrinkled. If you are a woman, this means dressing smartly and modestly, which the jury often prefers. 2. Show Your Pictures The second thing that you want to do is make sure that you show any pictures that you have for the accident. These are pictures of the damage that was at the scene of the accident, any skid marks that might be on the road, and any other pictures that you might have. These pictures are important because they will allow you to show that the other party was at fault. Juries tend to value physical evidence and will place a lot of weight on it, so if you have anything that will help your case, it is wise to bring it to the light of the court. For more information, talk to a company like Brownfield Law...

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3 Mistakes Men Should Avoid Making During a Divorce

Posted by on Nov 30, 2016 in Uncategorized |

Divorces happen so often that it is important that you make sure that you are protecting yourself. Men and women have different challenges in a divorce, so depending on your role in your family and your marriage, you should take steps to make sure that you are protected. Here are some things that men should avoid doing in a divorce to protect themselves. 1. Don’t Move Out Without Talking to a Lawyer First If your marriage is struggling, you might be tempted to move out to get away from the fighting and the stress. The concern is that when you move out without talking to an attorney and getting a formal separation agreement, you leave yourself open to problems. For example, when you move out, you give your spouse adverse possession of the house. This means that your spouse can change the locks, keep you out of the house, prevent you from getting your things, and much more. This won’t be a long-term thing, but until the matter gets resolved, you may not be able to get back on the property. This is why you should avoid moving out until you can talk to an attorney about a formal separation agreement. 2. Don’t Start Another Romantic Relationship If you have been in an unhappy marriage and are finally getting out of a bad relationship, you might be tempted to start a new relationship. The problem is that when you start a new relationship, you give more leverage to your spouse to prove that there was infidelity or that there was fault on your side. If they can prove that you are romantically involved in another relationship, you could lose money, have an unfavorable ruling for custody, and much more. This is why you should avoid dating and especially avoid moving in with another person until after the divorce is final. 3. Don’t Get into More Debt During the divorce you may become stressed, and spending money may become a coping mechanism. However, money could easily become tight as you go through all the legal fees, separation of estate, and much more. Be careful about getting into more debt, as it will hurt your case. Instead, downsize your lifestyle, avoid using your credit card if possible, and prove that you can live within your means. This will only help your case down the road. By avoiding these things, you can simplify your divorce and make it easier. Visit sites like http://www.liebmannfamilylaw.com/ to find a lawyer near...

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Passenger In A Car Accident? 4 Steps You Should Take To Protect Your Rights

Posted by on Nov 7, 2016 in Uncategorized |

If the car you were riding in was involved in a car accident, you need to make sure that you protect your rights. Don’t be confused into believing that only the drivers in an accident are entitled to compensation. As a passenger, you have the right to seek compensation for your injuries, as well as payment for your medical expenses. Here are four steps you should take to ensure that you receive the compensation you’re entitled to. Visit the Emergency Room Immediately following the accident, your adrenaline may be preventing you from feeling the effects of injuries. That doesn’t mean you weren’t injured. Even if you feel fine, you should still visit the emergency room for an examination. Physicians who specialize in emergency medicine are trained to identify hidden injuries sustained in car accidents. Consult with an Attorney When you’re the passenger in a car accident, you may have questions regarding your rights. Make sure you consult with an attorney as soon as possible. Your attorney will make sure that you receive the treatment you’re entitled to. They’ll also negotiate with the insurance company so that you don’t have to. Insurance companies are in the business to save as much money as possible, which means they’re going to try and limit the compensation you receive. Unfortunately, you might not know how much your injuries are worth. Your attorney will know exactly what your injuries are worth, and will fight for you. Don’t Discuss the Case with Either Driver After the accident, the drivers of both vehicles may want to talk to you about the events leading up to the accident. You should avoid this. Your injury claim will depend on your honest answers regarding the events of the accident. Until the case is settled, make sure you only discuss the accident with your attorney – unless your attorney advices you otherwise. Keep a Journal When it comes time to negotiate a settlement, you might not remember all the events surrounding the accident, or your recovery. That’s where an accident journal comes in. Use an accident journal to document everything you remember about the accident, as well as everything you’ve experienced due to your injuries. Some of the things you should document in your journal include: Pain level Difficulties with daily activities Loss of employment/income Interference with family life If you’re the passenger in a car accident, make sure your rights to compensation are protected. The information provided here will help you get the compensation you’re entitled to. For other questions or concerns, be sure to speak to your auto accident...

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