Medical Malpractice Legal Responsibility:
Medical malpractice
state laws have been rewritten over the years which have led to restricted rights for injured consumers due to medical negligence. Severity in harm and supporting documentation are crucial elements to establish validity in claims. As Manuel L. Dobrinsky,Attorney at Law, of Miami Florida, adds, “Doctors today have many more patients to manage than they had in the past. Thus, the risk of a medical error is more likely than years ago. For this reason, it is important for consumers to take a vested interest in their healthcare by being inquisitive about their diagnosis, medications, treatment, and follow up. In doing so, patients can reduce the risk of potential life threatening illness that may otherwise result in a failure to diagnose or misdiagnose an illness. “
Connected Topics:Medical Malpractice
Nursing Home Abuse Accountability:
Nursing home liability refers to emotional, physical or neglectful acts against an elder by a nursing home employee(s). This may include: malnutrition, dehydration, bed sores, wandering off premises, falls, sexual assault, battery, and wrongful death. Skilled nursing and intermediate care facilities must meet criteria set by Medicare and Medicaid should they serve Medicare or Medicaid recipients. Other facilities that wish to accept Medicare patients must meet standards set by the Federal Medicare Health Insurance Program for the Aged. There are also nursing homes that do not accept Medicare patients which allow them to not fall under federal guidelines. State requirements vary among the states. In fact, certain attorneys are creating movements through state
legislature to improve nursing home abuse accountability. As John J. Perconti, Attorney at Law, Chicago, Illinois, explains, “Nursing home abuse has become more common in recent years. Yet, the laws do not reflect upon the needs of today. For example, nursing homes are not required to carry liability insurance. All nursing home residents and their families need to be informed that the nursing home facility does not have insurance. If there is no financial accountability for negligence, these residents will continue to be neglected and abused. The rights of abused victims are restricted under the current system.” Currently, Illinois is in the process of passing a bill that would require liability insurance in nursing homes.
Connected Topics: Nursing Home Abuse
Premise Liability:
Property damage or bodily harm that occurs on a homeowner’s property maybe the responsibility of the homeowner where the
damage took place. Homeowner’s insurance policies are designed to provide compensation for damages associated with accidents, negligence, and other forms of harm. A government agency may be liable in some instances whereby the accident occurs on the property of the government. An example of this would be slip and fall that occur because of cracks in sidewalks, faulty curbs, potholes, defective crosswalks, flawed stairs on buses and the like.
Some of the more common injuries that result in premise liability include:dog bites, slip and falls, or any type of property that is termed an attractive nuisance liability which is an item that can harm children regardless of reasonable precautions taken to prevent injury. As Arnold Hernandez, Attorney at Law, of San Diego County, CA explains, “Premise liability is founded on the idea that we all owe a duty of care to our fellow human beings to insure that there are no hidden risks of personal injury on our property and that we have exercised reasonable care in insuring we have removed foreseeable risks. The duty of care is much higher when it comes to children that may come onto our property and we must anticipate how children will behave, including: children’s conduct that to an adult would seem irrational.”
Connected Topics: Dog Bites, Slip and Falls.
Terms for Liability:
Timeliness is important when it comes to liability. Every state has specific rules relating to the number of days that you are permitted to file a claim. It is important to seek the advice of an attorney as soon as you can after injury to provide substantial time necessary to uncover the circumstances surrounding the injury and determine validity for a claim. Once a claim is filed, there will be a select number of days to file a lawsuit. It is important to note that the date of harm may be considered the date of discovery which can sometime occur years after the actual injury. In some cases, both the injured party and the party being held liable are found negligent. This is called comparative negligence. In other cases, negligence may be strictly due to the injured party. Depending
upon the circumstances, personal injury attorneys may refuse to take such cases.