What Constitutes Medical Malpractice?
Medical malpractice occurs when a health care provider fails to deliver an acceptable level of care for a patient. This negligence can result in injury or even death for the patient. In a majority of cases this involves some form of medical error on the part of an individual, but can result from a systematic failure on the part of a facility or institution. The statutes which outline medical malpractice vary from state to state. The following are a few guidelines established for residents of California.
All medical malpractice cases are subject to a one-year statue of limitations from the date at which the individual became aware of the act, regardless of the victim’s age. If the individual fails to recognize the cause within the one-year period, the statue of limitations can be extended to no more than three years from the date of the injury. If the case involves a child who is under the age of six, action must be taken either before the child’s eighth birthday or within a three-year period following the incident.
Why You Should Talk to a Medical Malpractice Lawyer Early
A statute of limitations generally applies to most civil and criminal actions. Without them, the details of a case can easily become distorted by the passage of time. As this happens, the very validity of a case can be questioned, which is why it is important to contact a medical malpractice lawyer if you feel that you or a family member has suffered from medical malpractice.
Statutes of limitation are in place to protect both plaintiffs and defendants. In the case of a plaintiff, these statutes are used to force the plaintiff to bring their suit to a court in a timely manner so that defendants will have sufficient time to defend themselves of the charges. If a defendant fails to properly defend himself within the specified time limit, the court will have no choice but to accept this failure as a sign of admittance to the claim.
How Can I Tell If My Lawyer Is Trustworthy?
Anytime we have the need to hire an attorney, we expect to have a professional on our side who will fight for our rights and always have our best interests at heart. Unfortunately, as in all other professions, there will be some lawyers whose integrity is questionable. How do you determine if the lawyer you’re about to hire is trustworthy? There are a few ways.
First, simply have a discussion about your case. Pay close attention in these early talks. An honest lawyer will go through all the pros and the cons of your case and give you an unbiased opinion of the likelihood of winning. They won’t sugar coat your chances. A lawyer that is less principled may be more prone to tell you that you have nothing to lose – no matter what the circumstances. He or she might be willing to tell you whatever is necessary to persuade you to hire them, particularly if they stand to be paid regardless of the outcome of your case.
How Do I Know If I Have a Case?
Wrongful death claims are brought when an individual is believed to have died as a result of negligence on the part of others. The actions that brought about the negligence can be the responsibility of an entity or a person. But with so any guidelines determining exactly what constitutes one of these claims, how can you be sure that you have a legitimate case?
These claims can be brought by surviving members who relied on the deceased for support, or even by an executor or administrator of the estate. For example, a spouse can file on behalf of her deceased husband who provided support for her. Children would definitely be eligible to file a claim. But in order to be eligible to file, certain criteria must be met. First, the filing party must prove that the party they are declaring to be responsible was, in fact, responsible. In order to prove this, three things must be clear:
Does Your Elder Care Facility Do a Good Job?
For most of us, the seniors in our lives are among our most loved and cherished individuals. Unfortunately, as they get older and their health deteriorates, we are not always able to provide the level of care that they require. When this happens we look for the best nursing home, or other care facility, where they will be comfortable, well taken care of, and closely monitored by professionals. While this should, and usually does, mean a better quality of care, that is not always the case.
Statistics show that almost one-third of all nursing homes and elder care facilities have received complaints of elder abuse or neglect. What is even more alarming is that many cases of abuse go unreported altogether. We place our elderly in these facilities to address their needs and protect them, yet this doesn’t prevent thousands of injuries and deaths each year as a direct result of abuse and neglect.
A Nightmare Waiting to Happen
Being in an automobile accident is never fun. But being in an automobile accident with someone who isn’t insured is a nightmare. Now, you have to go after the person in court, trying to recover at least a portion of what is rightfully owed to you. While you would probably like to see the person incarcerated for their behavior, you know that they won’t be able to work while they’re in jail, making the prospect of recovering damages even more complicated. It’s a lose-lose situation. What do you do? You should immediately add uninsured motorist coverage to your insurance policy, if you don’t already have it, so that you’re prepared for just such an incident.
With uninsured motorists involved in a large percentage of the accidents on California’s roads, you have to take the initiative to make sure that you’re protected, since they won’t. Uninsured motorist coverage does just that. It provides protection in the unfortunate event that you are involved in an accident with someone whose liability limits are lower than yours. This especially applies if they have no coverage at all, which according to statistics, occurs with one in every seven drivers.
Why Compromise If My Case Is Solid?
When a lawsuit is filed, all parties are given a court date at which time they are to share their evidence and opinions as to why the court should find in their favor. Often, the best case scenario is to reach a mutual agreement before the case makes it’s way to the courts. A “998 Offer to Compromise” offers just such an opportunity.
The 998 offer to compromise statute has been in existence in the state of California since 1851. The statute provides for an attempt to be made to reach agreement no less than ten days before the scheduled court date. A written offer can be made by any involved party in an effort to reach an amicable settlement. According to the statute, any party “may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time.”
Punitive Damages in California Courts
When you bring a lawsuit against another party, one type of recovery you can request from the court is called punitive damages. The definition for punitive damages is easy to remember because it comes from the same root word as “punishment”. That’s why, when an individual receives an award of punitive damages, it is meant to punish the behavior of the defendant. Punitive damages are separate and apart from awards for pain and suffering, loss of income, medical expenses, or other damages that may be recovered.
There are some instances where punitive damages will not apply, which is why they are not automatically given in every type of case. Only when the defendant acted in a particularly egregious or intentional manner will punitive damages be taken into consideration. But being awarded a specific amount in punitive damages is no guarantee that you will actually receive it. It is often the case that the trial judge, or even the appeals court, has the final say as to how much the plaintiff will receive. It can end up being considerably less than the amount that was originally awarded during trial.
Why Choose a Personal Injury Specialist?
Personal injury can be any injury to a person that involves their overall health, whether it’s emotional, psychological, or physical in nature. This can encompass a wide variety of injuries that can produce residual effects which can last a lifetime. That’s why those who find themselves in this situation should hire the right personal injury specialist to ensure that they receive the representation they deserve, and that their case will receive a fair and complete hearing under the law.
It’s crucial that you seek the assistance of a personal injury specialist before contacting anyone else – including your insurance company, if possible. Why? Because once the wheels are set in motion, you could unknowingly divulge vital information to someone that could potentially damage your case. Once this information is made public, the damage has been done. The problem is that you won’t know which facts are okay to release and which ones aren’t, so it’s best to leave this determination up to a qualified professional.
What Constitutes Product Liability?
Sometimes the products we use every day to make our lives easier can end up making them much more complicated. Each year, countless individuals are injured, or even killed, as a direct result of a faulty or improperly used product. When this happens, there can be a certain degree responsibility that is attributable to the product, its makers, or their agents. Any person or entity in the chain from manufacturer to retailer can potentially be held liable, depending on the circumstances of your injury and their part in the process.
Product liability differs from normal personal injury in that a product is responsible for injury or death rather than an individual or entity. How, or if, you can recover damages is another way that the two differ. A product liability action may arise in one of several ways. The liability can be a result of a defect in design or manufacturing of a consumer product, or faulty delivery of a consumer service. Or, liability might arise as the result of a safety issue that was discovered but not brought to the attention of consumers. In either instance, certain factors have to be present in order for the claim to be legitimate.