Monthly Archives: June 2017

The Difference Between Wrongful Death and Medical Malpractice

Wrongful death and medical malpractice suits are two components of the law that many people may not understand. Malpractice suits fall under the auspices of personal injury claims, while state laws govern wrongful death suits. There are similarities in these cases. Wrongful deaths may be caused by medical malpractice. People need an attorney in their state to find the distinction. If a victim or family member needs to file a case, a wrongful death attorney from the Jones Firm can help when facts fall between both types.

What Are The Differences?

When someone dies because of another person’s negligence, a plaintiff may file a wrongful death claim, explains alllaw.com. Wrongful acts such as a car wreck, medical neglect, or violence are some types of wrongful deaths. A victim’s family can bring the case before the court. It can be anyone who is closest of kin.

Before medical professionals are licensed, they must take the Hippocratic Oath, a promise to “do no harm”, Wikipedia.org says. Even if they did not intentionally hurt a patient, being medically negligent is still doing harm. If a plaintiff needs to file a malpractice suit, he or she must prove that there was a breach in “duty of care”.

Medical professionals must do their job responsibly, since it can be dangerous and may cause patients harm, says the law. This can be confusing when plaintiffs are deciding on a medical malpractice or a wrongful death suit. There can only be one category filed in court. An attorney can help decide which category would be the best for the case.

Reasons For Wrongful Death Suits

These cases often include negligence in medical care that caused wrongful death. If someone dies because of another’s reckless driving, it can also be considered wrongful death. Construction accidents because of negligence and robbery deaths may be in the same category, as well as death from domestic abuse.

Reasons For Medical Malpractice

There are several reasons that can be considered medical malpractice, such as delayed or incorrect diagnoses. Typical errors include those in medication, surgery, or testing and screening. There have been suits filed for leaving surgical instruments in patients, and for botched surgical procedures. It is medical malpractice if patients are abandoned or suffer from a lack of care. Medical professionals must also ensure properly informed consent signatures and patient/family communication.

What Types Of Damages Are Permitted?

Plaintiffs usually get customary damages in a wrongful death claim that they may not get in a regular malpractice suit. Remuneration might include pain and suffering, loss of wages, or lost employment. Permitted damages in these suits vary from state to state.

The funeral and burial cost of the victim are usually allowable in both medical malpractice and wrongful death suits. If the victim had financial dependents, the court may grant loss of support damages for a certain time period. This would include support for a spouse, minor children, or a child in college.

How A Personal Injury Attorney Can Help

Personal … READ MORE

The Most Common Slip and Fall Injuries

 

Slip and fall injuries are a common form of accident that over one million United States citizens face each year. These injuries can be slight, as only a few sore bumps, or more severe, causing death. Having an experienced lawyer who knows how to handle a slip and fall case is imperative to proving neglect. Let’s look at some of the most common slip and fall injury cases that the courts hear each year.

Uneven or Wet Surfaces

This is the most common type of slip and fall injury case that is pursued, making up for over 50 percent of the national caseload each year. These conditions can make the walking surface dangerous for potential users. Some common conditions include:

  • Loose Floorboards
  • Potholes In Parking Lots
  • Ripped Carpet
  • Sidewalk Defects
  • Freshly Waxed or Mopped Floors

Neglect in The Nursing Home

It’s no surprise to anyone that as humans age, their bodies start to deteriorate and make it difficult to maintain balance. This puts senior citizens at a high risk for falling. When those in nursing homes fall they are more likely to sustain a life-threatening injury, such as a hip fracture.

When nursing homes are understaffed or not properly monitored, slips and falls may occur. An experienced lawyer from Russell and Hill PLLC will be able to advise you on the factors to look for in neglect when a slip and fall injury happens at a nursing home facility.

Adverse Weather Conditions

When the idea of a slip and fall injury is brought up, many quickly imagine an elderly person slipping on the icy sidewalk. Ice, snow, and even rain can cause injuries to occur. To make life safer for many communities, municipalities and property owners are held responsible for shoveling and salting sidewalks and other areas when bad weather strikes.

Improper Training At Work

Some jobs require employees to walk on slick, narrow, and uneven pathways. These are typically the constructions and manufacturing industries. Proper training on what to look for, how to go about walking on these surfaces, and using safety equipment the correct way is important for every business to relay to all their employees. If they don’t train their employees properly, they can be held liable for slip and fall injuries that occur while an employee is at work.

Inadequate Lighting

Not having a walkway or staircase properly lit can cause an individual to slip and fall. Insufficient lighting is a major problem for business owners and can result in an unwanted lawsuit. Having enough light so that an individual can walk up stairs or down a sidewalk clearly seeing each step is important to ensure at any business. If you struggle with seeing your next step, then purchase more lighting.

Slip and fall injuries happen all the time to unwilling individuals who find themselves at the neglect of another party. Taking precautionary measures at your home or business can help to ensure that you are not slapped with a lawsuit if someone takes a tumble … READ MORE