You Owe it to Yourself and to Others To Insist on Professional Medical Accountability

Timely and effective treatment, accurate diagnosis, and correct medication are the bases of quality care every patient is entitled to. These are a few of the reasons why some hospitals and health providers keep only reliable staff and medical professionals in their roster, because operators of these institutions know that quality treatment is what patients need and what they are supposed to provide.

This is not the case in all medical facilities, however. Sad to say, but some have even been identified either as having bad doctors or being bad hospitals because of the frequency of medical mistakes and malpractice committed in them. As a result of the lack of authentic concern to patients and the errors made in patient care, many hospitals, doctors, and other medical professionals, have been named as defendants in thousands of claims lawsuits.

Medical malpractice, which refers to injuries committed against patients, is a frightening reality in the United States. Its effects include life-threatening conditions, prolonged illness or even death. Equally frightening as the effects is the fact that these mistakes are results of negligence or carelessness of medical experts which result to failure to provide the quality of care that they promised to give and which patients rightly deserve. In 2010 alone, the Office of Inspector General for Health and Human Services made a report regarding the death of about 180,000 Medicare patients; this is a small figure, though, according to a study that the Journal of Patient Safety printed, where figures ran between 210,000 and 440,000.

One example of medical malpractice that continues to cause great harm to patients is surgical error. This includes, but is not limited to, surgery on wrong site, surgery performed on a wrong patient, incorrect surgical procedure, wrong dosage of anesthesia, post-surgical complications and improper suturing. Though it is true that no surgeon would intend to commit an error, it also cannot be denied that an error committed can lead to a more serious health condition that can alter a patient’s life; a mistake can even lead to a patient’s untimely death.

According to the Law Offices of Ronald J. Resmini, LTD, 6 percent of the doctors are responsible for 60 percent of the medical malpractice that occurs in this country. The same few doctors are harming patients again and again. And only one of every eight cases of verifiable malpractice makes it to the legal system. Many people are reluctant to hold their doctor accountable for their negligence; but when they let them avoid taking the responsibility for their wrongdoing, they are giving them the opportunity to go on harming others with impunity. If you or someone you love suffered harm to your life or health because of a doctor, hospital, or other healthcare professional who failed to provide you with an appropriate level of care, you not only owe it to yourself—you owe it to others to insist on professional accountability.

 

 

Legal Issues about regarding Adoption

Legal Issues about regarding Adoption

According to the law firm Higdon, Hardy & Zuflacht, “When you adopt a child, you are making one of the most rewarding and impactful decisions of your life. The effect on your life, and the life of your adoptee, is tremendous. However, people oftentimes do not realize the number and variety of hurdles and red tape they will have to face when beginning the adoption process. Adopters already face an emotional roller coaster without the added stress of long meetings with adoption agencies and paying exorbitant adoption fees. Thus, for a smooth transition into your new life, a legal professional is an invaluable asset.”

Establishing a parent-child relationship through adoption, however, can be a challenging endeavor, especially if the adoptee is already at a certain age or if the adopting parents have other children. Jealousy and the full legal rights of everyone, specifically of the spouse and biological children (when the spouses divorce or if one spouse dies), usually set in.

This is because, through adoption, the adopted child gets to acquire all the right and privileges possessed and enjoyed by any member of the family. He/She also becomes an heir in the same family. As regards the adoptee’s biological parents, they lose all their rights over their child as the adopting parents will be legally declared the adoptee’s new, rightful parents through adoption.

Adoption was originally conceived as a means to normalize and give meaning to the union of childless couples. Since 1851, though, after the Adoption of Children Act was made into law, adoption assumed the purpose of legal and social operations intended to promote the interest of a child rather than that of the adopting parents. In our modern society, couples, whether of opposite or of the same sex, can adopt a child, so long as the court sees them fit to parent a child.

There are two types of adoption legally recognized in the U.S. Closed Adoption and Open Adoption. In Closed Adoption, the state decides who can adopt a child, legally requiring the biological mother to relinquish her rights (over her child) in the process. Open Adoption is its exact opposite, as this legal procedure allows the birth mother to choose the adopting parents, besides maintaining the right to communicate with, and visit, her child.

Since states regulate the laws concerning adoption, there is no uniformity in what is required or considered for a couple, or even a single adult, to be deemed worthy or capable of adopting a child. Often, couples or individuals are confronted by laws and requirements that suddenly make adopting a child a complex procedure.

Any legal procedure, however, no matter how complex it may seem, will always be given light through the help of a legal professional. Thus, if you and your spouse are really serious on adopting a child, then consider going through the adoption process with the help of an experienced attorney, who can guide and help you through the whole procedure to make sure than even the tiniest detail that can sink your hopes of adopting will be checked and avoided.

Distracted Driving: Top Cause of Fatal Car Accidents in Many States

In its website, the Bruner Law Firm says that “one of the most life changing events one can face in almost every city in the world is auto accident. Hardly a week goes by when one does not see on the news or read about a fatal or near fatal traffic collision. Auto accidents are never anticipated. They occur suddenly and most often, with very little or no warning.

Though drivers know how to avoid a car accident, so many do not consciously practice safe driving every time they get behind the wheel. By trying to do way too many things at once, they end up performing the primary task of driving safely very poorly. It is, therefore, no wonder that auto accidents are happening with increasing frequency when we look at the increasing busyness and need for multi-tasking.”

Distracted driving is one of the worst forms of bad road behavior. It includes eating and/or drinking, adjusting the radio, smoking, applying make-up, grooming, conversing with a passenger, driving while angry or while lost in thoughts, looking at a road map, adjusting GPS coordinates, and – all while behind the wheel of a moving vehicle. Distracted driving happens when a driver’s attention is taken away from the primary task of driving, making him/her fail to operate his/her vehicle properly and so commit traffic infractions that often result in accidents. Though unintentional, distracted driving can be extremely damaging.

Texting or using a hand-held phone used to be the most dangerous form of distracted driving. With the expansion of smartphone functions, however, besides texting and making or receiving a call, the dangers of cell phone use now includes sending emails, taking photos, shooting videos, conducting video chats, and using Twitter, Instagram, Facebook, YouTube or Snapchat.

There are states where distracted driving, particularly cell phone use, is the top cause of fatal car crashes. These crashes are terrifying and often overwhelming ordeals which leave many victims with extensive medical bills and other expenses, lost wages from work, or long-term disability.

In 2013, distraction-related crashes took the lives of 3,154 individuals and injured 424,000 others. In 2014, data from DISTRACTION.GOV, the Official U.S. Government website for distracted driving, show increases in both counts: 3,179 fatal crashes, and 431,000 injuries, all involving distracted drivers.

Personal injury lawyers believe that accident victims should pursue legal action against the party responsible for their losses, while at-fault drivers should be legally required to compensate their victim.

The Life-threatening Realities of Drunk-driving

On April 22, 2015, at about 2:30 in the morning, a Toyota Prius that was being driven by a 19-year old female collided head-on with a pickup truck along Highway 50 (near Stockton Boulevard) in Sacramento. Witnesses said that the female driver drove eastbound on the fast lane of Highway 50; she, however, drove on the wrong lane (the westbound lane).

All three passengers of the pickup truck, as well as the young female driver died in the crash. Weeks of investigation into the accident revealed that the 19-year old driver had a blood-alcohol level of 0.20% at the time of the tragic accident.

Drunk driving still remains to be a major traffic offense in all U.S. states. In 2013, those arrested and charged with DUI in the U.S., including in the District of Columbia, totaled to 1,171,935. In 2010, records from the Centers for Disease Control and Prevention (CDC), showed that the number of arrests went as high as 1.4 million. With these huge figures traffic authorities are relieved that the yearly number of fatal accidents does not go over 10,500. Authorities attribute this bit of success in being able to maintain the number of fatal accident to stricter laws, the zeal of traffic enforcers in implementing these laws, and to the efforts of private groups, such as the Mothers Against Drunk Drivers (MADD) which, since 1980, has helped in the passing of new DUI laws, like the Zero Tolerance law that prohibits those below 21 from having in their blood system any measurable amount of alcohol and the Administrative License Revocation (ALR) law, which authorizes an arresting officer to confiscate the license of drivers who refuse to take or fail a breath test.

The current blood alcohol concentration (BAC) limit for car drivers is 0.08%. This BAC limit is still considered high based on the fact that a person’s driving ability and response time to emergency situations are already affected even at 0.05% BAC level. Application of the law, however, only allows traffic enforcers to consider and, therefore, arrest an individual due to alcohol-impairment if he or she has a BAC level of 0.08% or higher. Those caught can face a drinking under the influence (DUI) or drinking while intoxicated (DWI) charge. To further reduce risks of accidents due to drunk-driving, some states authorize traffic enforcers to consider a driver as already alcohol-impaired if they see that his or her abilities have been affected by alcohol even if such driver’s BAC level is below 0.08%.

Drunk-driving injury lawyers, such as those from the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., know that a drunk driving charge can have serious repercussions and can affect an at-fault driver’s entire personal, professional, and financial life upon conviction. The said firm, however, also believes that getting drunk and then driving is a choice freely made by a person. In the event of an accident, therefore, the driver who is at fault in the accident should be brought to justice, be made to pay the consequences of his or her poor decision, as well as be made to pay compensatory damages to his or her victim/s.

Dangers associated with driving motorcycles

Motorcycles are an exciting alternative to driving. A motorcyclist has a greater ability to maneuver through traffic in an agile and quick manner, as a vehicle that takes up far less room on the road than a passenger car. With this increased freedom comes increased responsibility to safely navigate the roads on a motorcycle.

Even the safest and most cautious motorcyclist isn’t immune from accidents. Many drivers of cars do not practice proper safety methods near motorcycles. According to the website of Russo, Russo & Slania, P.C., this leads to a dramatically increased risk of injury should a person be involved in an accident.

Taking a few precautions could make all the difference for a motorcyclist when it comes to avoiding an accident:

  • Make sure you wear the proper attire at all times, most importantly a full face helmet. Brain injuries are common when a helmet is absent and an accident occurs.According to Consumer Reports, a full-face helmet that’s approved by the Department of Transportation is the best choice. A jacket, pants, and gloves keep your skin covered from being scraped if you fall.
  • Always check the status of your motorcycle, such as oil and other fluids, especially if you haven’t ridden in a while. If anything sounds or looks funny, don’t ride.
  • The most important safety tip for motorcyclists once out on the road is to drive defensively in order to avoid the negligence of other drivers. Make your presence known when you’re driving near other vehicles.

If another motorist’s negligence causes you serious harm while on you’re on motorcycle, the other motorist should be held responsible. You do not have to feel like other cars “bullied” you out on road when driving a motorcycle.