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Understanding the 3 D’s of a Medical Malpractice Case

By
Richard Rohde
0

doctorMedical malpractice happens when a doctor, nurse, or other medical professional neglects to provide reasonable care resulting in an injury or death. Errors in treatment, diagnosis, or after care can be the basis of a medical malpractice case.
While accidents are common in a clinical setting, not all are the result of negligence. There are 3 D’s of a medical malpractice injury case, which we will discuss in this article.

1. Duty to Care

The first requirement of a medical malpractice case is the duty to care. The victim must prove that the health care professional had the duty to care. In other words, the medical professional should be licensed and registered. Unlicensed ‘curbside’ consultants are usually exempt from the medical malpractice claim given the absence of the responsibility or duty to care.

2. Damage

The second element of a medical malpractice case is damage due to the negligent behavior of the hospital staff. The patient must have suffered physical or emotional damage while in the clinical setting. The damages can be new or aggravation of an existing condition. They can be in the form of lost wages, medical bills, emotional distress, physical pain, and suffering. In other words, the damages should not just be in the form of financial loss but also harm the psychological well-being of the individual.

3. Direct Cause

Direct cause is the third element of a medical malpractice claim. In order to file a medical malpractice case, there must be solid proof that the injury was caused by the action (or inaction) of the medical personnel. The cause can be proved through evaluating medical records and other evidence.

Usually, the medical personnel will try to prove that the patient was most likely to get injured or die regardless of the action taken.

Contact a Medical Malpractice Lawyer Today

A successful medical malpractice lawyer will gather evidence that proves that all the three factors are valid. The plaintiff cannot win a medical malpractice case if the health care professional proves in the court that the above conditions do not exist.

Although medical malpractice cases are common, lawsuits that qualify as medical malpractice case is not. In order to determine whether you can file a medical malpractice lawsuit, you should contact a professional personal injury lawyer.
At Rohde Law Office, we have a team of experienced legal professionals who can best represent your case. We can help you collect evidence that can incriminate the guilty person for the medical practice. In this way, you can maximize your chances of getting maximum possible compensation for your losses.

For more information about medical malpractice requirements, you should contact us by dialing (626) 593-5786. We can provide you complete guidance and advice regarding a medical malpractice case.

Application Procedure Overview for Driver’s License in California

By
Rob Collier, California Drivers Advocates
0

Moving around town on foot might be convenient for some, but most people prefer driving around in cars or other vehicles to shorten the length of the time it’ll take to get from one point to another. However, in the state of California, it is impossible for you to drive around legally if you don’t have a driver’s license under your name, especially if you are a resident.

How to Apply for a Driver’s License in California

First and foremost, if you want to register a license under your name, you must contact and book an appointment with the Department of Motor Vehicles. This can be done online or by phone. Once you’ve booked an appointment, the next step is to fill out the application form for the driver’s license. You will also be required to present appropriate documentation that can serve as proof of your identity, residential status in California and citizenship.

After you pass a vision screening, you will be required to take a driving exam that makes a judgment about whether you’re skilled enough to be permitted to drive or not. This exam may also include a knowledge and road test if necessary. Lastly, you’ll be asked to pay a certain fee, after which you’ll obtain your license.

What is Included in the California Driver’s Test?

The whole point of the California driving license test is to determine the capability of each applicant as to whether or not they are able to operate the motor vehicle safely and without causing mayhem for the general public on the roads. Each applicant should be able to:

  • Adhere to and follow the speed limits posted by the law
  • Have sufficient knowledge regarding the use of operations of the vehicle, including indicators
  • Accelerate, brake and steer the vehicle without any difficulty and as smoothly as possible
  • Have a clear understanding of the traffic signs and signals

Furthermore, the test is conducted by a driving examiner, handpicked by the DMV. An inspection of the vehicle you choose to drive will be conducted by the driving examiner before the test starts. No other individual or pet is permitted to accompany you during the course of the test.

California Drivers Advocates is a team of administrative advocates that represents drivers in California when their license comes into question. You can learn more about them and their services to help California drivers here, or if you have received any type of notice from the dmv you can visit the resource website they have setup here.

5 Top Contributing Factors for Auto Accidents in California

By
Justin King, Esq.
0

Auto accidents happen due to a number of reasons. It’s a shame that the leading reasons include those that can be avoided easily enough. This article gives a list of those reasons, as published by the California Highway Patrol (‘CHP’) in 2015.

  1. Distracted driving is the primary cause of auto accidents, injuries and deaths in California. Distracted driving comprises engaging in any activity while driving. Using your phone while driving for messaging, or changing songs, checking on the children, eating, fiddling with the sound system in the car are all examples of distracted driving.
  2. Second on the list of reasons for auto accidents is speeding. Everybody feels like speeding sometimes, but the fact that it is the second most common reason lives are lost in car accidents cannot be ignored. The faster you drive, the greater the risk at which you put yourself, and the more difficult it becomes to avert an accident.
  3. Aggressive driving is the third reason on the list. Cutting across and in front of other cars, abruptly switching lanes, yelling abuse or gesticulating at other drivers and even tailgating all come under the category of aggressive driving. Aggressive driving by its very nature is dangerous, and is illegal.
  4. Driving under the Influence (‘DUI’) is the fourth most common contributing factor for auto accidents in California. It is obvious as to why this is dangerous. You are not in control and the chances of making errors in judgment while driving, are amplified.
  5. Last on the list is driving while fatigued. It is the main reason behind truck accidents. There isn’t much difference between impaired driving and fatigued driving. The chances of making perceptual errors while driving in such a state are very high.

Personal Injury Attorney Justin H. King helps victims of serious auto accidents that have been caused by the above common contributors, as well as other factors. It is important to understand your rights as a victim early on to avoid having those rights trampled on by the other parties or insurance companies. Learn more about attorney Justin H. King and how he helps victims of auto accidents here.

3 Tips to Find a Great Personal Injury Lawyer

By
Matthew Taylor
0

Finding a great personal injury lawyer can be very difficult because every attorney proclaims that they’re the best. Even if they’re a great attorney, there’s always another attorney who may look like they’re “better” based on their resume. I’ve put together 3 tips on how to hire a great personal injury lawyer below, but this list is not exhaustive or comprehensive. Finding the best personal injury attorney is a personal mission based off your unique case, where you are located and the attorneys in the local market.

1) Get a Personal Referral. If you have a friend or family member who has been in an accident and has gone through the process of vetting attorneys in the past, you should ask them what to look for and if they have a recommendation. Sometimes they can point you in the right direction if they had a good experience.

2) Read Online Reviews with a Grain of Salt. No matter how good or bad an attorney is, there’s an online review somewhere that says contrary. Lawyers can make people angry sometimes, this is a hazard of the industry. Clients sometimes don’t understand, or refuse to accept that there are sometimes legal matters of policy or procedure that are not within the control of the attorney handling the case. Once they feel like they haven’t received the help they were promised they take to Yelp, Avvo or another online review forum. Attorneys can sometimes be savvy online marketers, making sure to bolster their reviews with positive press.

3) What Types of Cases Does the Attorney “Specialize” in? If you’re looking at an attorney’s website and they market for every type of law there is, chances are good that they potentially don;t have a strong knowledge in all of them equally. Most attorneys stick to 1-3 areas of law, and some only do one type of practice. Generally, in personal injury law you want to choose a civil litigation attorney. This is usually a lawyer who has argued cases in civil court and tried a case in front of a judge and jury (in a non-criminal matter).

If you’ve been looking for the best Rancho Cucamonga personal injury lawyer and you’ve come across this article chances are good you;re frustrated at this point. However, don’t abandon hope and don’t sacrifice your case because you can’t make a decision. Choose 2-3 attorneys to talk to and interview each one. Once you’ve decided on an attorney, move forward and inquire about your case frequently. Although most personal injury attorneys are motivated to settle your case quickly because their compensation depends on it, sometimes cases have a tendency to languish due to procedure and paperwork. If your lawyer doesn’t communicate frequently you may feel “lost” in the system, don’t let that happen and set that up as a condition of them taking your case.

Understanding DUIs in the State of New Jersey

By
The Fearless Advocate Team
0

According to the centers for Disease Control and Prevention, there were 1,816 deaths in collisions involving drunk drivers in the State of New Jersey. DUIs are serious matter in all states, but the State of New Jersey handles DUIs differently. The State of New Jersey does not consider DUIs as criminal violations; rather, it considers them as motor vehicle offenses. As a motor vehicle offense, a DUI will be permanently placed on a motorist’s motor vehicle record. Further, placing DUIs as motor vehicle offenses can offer some benefits as to how offenders will handle their error after the conviction. 

DUIs do not require an expungement in the State of New Jersey, and here is why.

To answer simply, DUIs do not require expungements in the State of New Jersey because they are motor vehicle offenses, not criminal violations. In order for an offense to be eligible for an expungement, it needs to be a criminal proceeding. Ultimately, DUIs are documented solely on the motor vehicle record of the defendant and not on his or her criminal record.

While a DUI will not be recorded on an offender’s criminal record in the State of New Jersey, this does not entail that the offender will not face criminal penalties or sanctions. Defendants will face a judge in a municipal court who will then hear the evidence presented against the defendant. The judge will then issue a ruling based on the facts of the case. In the State of New Jersey, it is possible to receive a prison sentence. This is particularly true if the motorist has committed the offense a third time. In the event that an offender has been sentenced to prison, he or she will face imprisonment of 180 days or greater.   

DUIs in the State of New Jersey: important factors to consider while seeking employment.

Since having a DUI in the State of New Jersey is not considered a crime, a motorist who has a DUI on his or her record does not have disclose the charge if an employer asks if he or she has been convicted of a crime. In the event that the job application asks if the applicant has been previously convicted of a non-minor traffic offence, the DUI defendant will then need to disclose the record. This is because having a DUI on a driving record is considered a major traffic offense.

Many employers may purchase an applicant’s background check through third-party vendors as a segment of the hiring process. There are numerous types of information that an employer may have access to by purchasing a criminal background check. This may include, but not limited to, the following:

  • Criminal records
  • Vehicle registration records
  • Incarceration records
  • Driving records
  • Court records

Since the State of New Jersey does not report an offender’s DUI to the National Crime Information Center, an employer may or may not know of the offense. Depending on the extent of the background check, the DUI may not appear on the record. 

Obtaining Legal Assistance

DUIs in the State of New Jersey do not always require an expungement, but if the crime involved other charges, it is important to seek the help and support of a professional attorney.

Why ER Doctors Often Fail to Diagnose a Traumatic Brain Injury

By
rockylawfirm
0

If a traumatic brain injury (TBI) occurs at a construction site, in an auto accident, because a defective product explodes, or due to a workplace accident, the first place most victims go to is their local hospital emergency room. Patients rely on the ER to discover the TBI because early intervention can help save expenses and the necessary lifelong treatments for treating the TBI.

A March 2017 report by The Journal of Head Trauma Rehabilitation found that ER departments are doing a poor job of diagnosing traumatic brain injuries. A TBI abnormality was found in only nine percent of CT scans where a TBI was suspected, woefully short of the actual number of patients who, time would tell, actually did have a TBI. Part of the problem is the lack of CT scan sensitivity to finding the TBI, especially if the TBI is mild.

Another study by Janet Powell Ph.D. (reported in the Archives of Physical Rehabilitation) also confirmed that over half of those patients who had a TBI were not diagnosed by the ER staff as having one

Why are ER doctors failing to make a proper TBI diagnosis?

Some of the reasons ER doctors and medical teams miss a TBI diagnosis are:

  • The doctors are focusing on other injuries which appear more life-threatening
  • Failure to properly diagnose the TBI by mistaking it for another condition
  • Failure to document the TBI
  • Failure to properly read the results of the CT scan
  • Lack of a standardized approach to testing for a TBI

A delay in diagnosis not only hurts the patient’s chances for a medical recovery, delay can hurt the legal case too. A good Nashville TBI lawyer will tell you, it is not enough to just show there was negligence – that someone messed up. Victims and their families need to be able to demonstrate that the negligent act (such as speeding through a red light) caused the TBI. If the diagnosis is delayed, the insurance company may try to argue that the doctors were to blame for your problems and not the insurance carriers.

We sympathize with you. We understand just how crushing a TBI can be. People with a TBI sometimes die. Survivors often suffer memory loss, loss of taste, smell and other senses, or develop an inability to communicate. Many patients suffer from lifelong bouts of depression. If you’ve been injured, the attorneys at Rocky McElhaney Law Firm can help.

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