Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Implication of medical malpractice
Implication of medical malpractice
Medical malpractice implications
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Implication of medical malpractice
At this moment, millions of Americans are working, traveling, driving, walking, shopping and driving, with so much activity in a person’s everyday life its no wonder accidents have become inevitable. Many accidents can be severe and life altering or even result in death, but the fact that accidents are fairly familiar does not reduce from the confusion and pain that can result when an injury or accident happens to you or a loved one. This is especially true when any harm could have been prevented if others had not acted inconsiderately. Personal injury can be psychological or physical but, to be considered unlawful, it must happen due to the negligence or unreasonably unsafe actions of your company, your physician, or some other person or corporation who owes you a duty of ordinary care.
Personal injury is the branch of tort law that covers any wrong or injury done to another’s body, land, reputation, or entitlements. Examples of personal injury include medical malpractice, slander, trespass, wrongful birth, and wrongful death. Every tort claim, regardless of its source, whether intentional, strict liability, or negligence, has two fundamental issues: damages and liability. Was the defendant liable for your damages, and, if so, what was the nature and extent of your damages? Based on the intent or negligence of a responsible party, the injured party may be entitled to financial compensation from that party through a settlement or a verdict.
A personal injury case gets settled in a civil court trial to seek who is at fault for the damages caused against the plaintiff. There is also a chance that an informal settlement is brought to the table prior to an official court dispute. Unlike criminal cases, which are initiated by the gove...
... middle of paper ...
...dentist, or chiropractor. There are also two ways to qualify for benefits; injuries must be diagnosed as an emergency medical condition for $10,000 or receive only $2,500 for non-emergency medical treatment.
Now you must be questioning how does the attorney and paralegal get paid for all their hard negotiation. Most Florida personal injury legal teams do not charge an initial consultation fee. Most firms do not charge anything unless the client receives a settlement. This option is best for clients that are paying for medical bills out of pocket and don’t need the extra stress of having to pay legal fees for representation. Firms usually charge on a contingent fee basis, which is a percentage of a plaintiff’s final compensation only payable when the case is resolved. If the legal team is unsuccessful in recovering compensation for the client then nobody gets paid.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
At Ten P.m on September 23, 2006, my mother Kelli Elizabeth Dicks was hit by a car on Route 146 southbound trying to cross the high speed lane. She was being picked up by a friend. Instead of taking the exit and coming to the other side of the highway, her ride suggested she run across the street. The impact of the car caused her to be thrown 87 feet away from the original impact zone and land in a grassy patch of land, her shoes stayed where she was hit. She was immediately rushed to Rhode Island Hospital where she was treated for serious injuries. When she arrived at the hospital she was rushed into the operating room for an emergency surgery. The amount of injuries she sustained were unbelievable. She broke 18 different bones, lacerated her liver and her spleen, ruptured her bladder, and she collapsed both lungs. When she went in for her emergency operation, and had her
There are many steps to go through once you decide to file a lawsuit. Many Americans suffer from injuries but only a small percentage of them file a lawsuit because many of them have valid claims but they have little money. Sometimes when plaintiffs, the person filing the lawsuit, go to trial there is a lot of money that has to be spent up-front. “Taking a large case on a contingency fee and advancing all the out-of-pocket cost is a very expensive proposition” (Bourhis, 2005, p. 76). Lawyers have created the contingent-fee arrangement. This is where “a lawyer agrees to take a case without any money up front and without requiring the client to pay an hourly or flat fee. In return, the lawyer is entitled to receive a percentage of the actual amount of money collected, generally 33 percent, but sometimes 40 percent if ...
The malpractice must be filed within two years after the incident was discovered but with no more than four years after in case of fraudulent concealment or intentional misinterpretation. However, this should not be beyond seven years after the occurrence of the actual incident (Miller, 2006). Many states have implemented no limit on the award given on the victim if he wins the case and the total sum to be given is dependent on the decision of the jury. However, the state of Florida implements caps on the amount of award to be given. Non-economic damages ranges from $500,000 to $1,500,000 only and may be doubled in severe injury on the patient and depending on the circumstances of the malpractice and its effects on the individual and immediate family.
The underlying cause behind the increase in claims maybe partly the fault of administering the health and safety policy of UK employers, as well as a greater awareness amongst workforces of the medical term RSI. However, combining both with the rise of no-win, no-fee legal services being advertised, it is perhaps understandable why the number of personal injury claims is rising.
Blunt force trauma is defined as a traumatic event caused by the introduction of any blunt instrument forcefully, causing injury to the body or head. The Severity of injury is determined by various factors. It may be due to mechanical force such as compression, traction, torsion or shear. Impact of the injury and severity depends on object and movement of victim. Injuries occurred may be internal such as lacerations of internal tissues, organs, fractures of bones or may be external such as abrasion, avulsion, contusion and laceration (Pollak & Saukko, 2009). Severity also depends on anatomical site impacted for ex: Lacerations have irregular margin, hanging causes abrasions, contusions and hyoid bone fractures, Ocular hemorrhages in case of blunt trauma to eyes or Fracture of ribs when hit on chest by a blunt object (Ressel, Hetzel, & Ricci, 2016). Severity is also determined by the duration of time and amount of force applied. Nature of trauma is of importance in forensic medicine. It helps in
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
Head injuries are very serious and dangerous. Some head injuries can cause neurological brain damage. They are commonly found in the sports world, putting athletes at risk. There are a lot of head injuries that are dangerous or could cause serious damage brain and in turn, the body. Because of this, precautions, rules, and guidelines need to be in place to prevent and treat these athletes. If these things are not put in place, it could mean the difference between life and death for these athletes. There are many different injuries that can occur to the head and face. Facial injuries can be very dangerous as it can concern the eyes nose and mouth.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
Traumatic facial injuries are extremely common. Since the faces have aesthetic units and several organs, plastic surgeons must be very meticulous and skillful in order to provide definitive treatment in the emergency department [1]. Otherwise, permanent injury or disfigurement may negatively affect patients’ future. Early treatment on soft tissue wounds of the face is required because once the trauma gets server, it will have the detrimental effect on the growth of facial bones [1].
Unintentional Injuries/Accidents are harmful acts that occur without any intention of causing damage or death, but death can be the end result. Accidents can occur to an individual regardless of age, gender and even race. Unintentional Injuries/Accidents include motor vehicle crashes, unintentional poisonings, accidental suffocation, drowning, falls, unintentional fires, and unintentional firearm discharges. According to South Carolina DHEC, in 2010, there was a small difference in the death rates for accidents, which was ranked five out of ten for the overall causes of deaths for the white population and black population. For the White/Caucasian population, the death rate was 5.4 percent and for the Black/African-American population, the death rate was 4.9 percent. There was a 0.7 percent difference between the two populations. But, in contrast there was a 38.0 percent death rate for unintentional injuries for all ages in the United States.
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).