The Law for Accidents's blog

Medical Malpractice and Hospital Negligence – Who’s to Blame?

Medical malpractice is defined as the failure to provide proper medical care according to the standards set by the medical community. When a doctor goes into practice, they are required to recite the Hippocratic oath. This oath commits a doctor to treating patients as best as they can, in order to avoid harming the patients entrusted in their care.

Hospital negligence is a type of medical malpractice, in which a medical professional fails to correctly diagnose and/or treat a patient. For an act to be considered negligent, another medical professional should have been able to correctly treat or diagnose the condition if put in a similar situation.

While negligence is commonly called “hospital negligence”, the mistake may have occurred at any medical facility or location where a patient was being treated. It is also worth noting that, for an act to be considered medical malpractice or hospital negligence, the mistake must have resulted in injury or death.

How is Blame Assigned in Malpractice and Negligence Cases?

It is not always easy for patients to determine whether they have been the victim of malpractice or negligence. After a patient has been injured, doctors are not usually quick to admit their mistake. It can also be tricky to determine whether an injury was actually due to negligence. For example, if a physician made a reasonable misdiagnosis, it can be difficult to say whether he or she was truly negligent.

However, there are certain cases where a medical professional is undoubtedly at fault. If a physician misdiagnosed a patient because they refused to run additional testing, that would be considered negligent. Many surgical errors, anesthesia errors, and medication errors are also negligent. Instances where a physician fails to follow up with a patient or treat them in a timely manner is also the fault of the doctor.

Unfortunately, patients are sometimes also at fault. Some patients fail to follow their doctor’s orders, postpone important healthcare, or otherwise interfere with their treatment. If these actions result in an injury, that would be the patient’s fault.

To determine whether a patient has been the victim of medical malpractice or negligence, they may want to seek the help of a professional. An attorney experienced in medical malpractice should be able to determine whether a doctor or other healthcare professional made an error. If a negligent error was made, the patient can pursue legal action to ensure that justice will be served.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Ken Allen Personal Injury Lawyers provides focused legal counsel and representation within the area of Medical Malpractice and has provided this for informational purposes only.

What is Paxil?

Paxil also known as Paroxetine, Aropax and Seroxat is one of the most popular and powerful selective serotonin reuptake inhibitor (SSRI) antidepressants on the market. In addition to use as an antidepressant, Paxil is prescribed to treat panic attacks, PTSD, anxiety, obsessive-compulsive disorder and premenstrual dysphoric disorder. First released in 1992 by GlaxoSmithKline, Paxil is one the all-time bestselling drugs. According to data from the pharmaceutical industry, there were more than 18 million prescriptions for Paxil and generic Paroxetine in 2007 with annual sales totaling more than $1 billion. Despite soaring sales, Paxil and generic forms of Paroxetine have been linked to increased suicide risk; withdrawal symptoms and adverse side effects in children, adolescents and adult patients.

Common Side Effects of Paxil

Like many SSRI antidepressants, Paxil causes nausea, sexual side effects, sleep issues and a waking stupor known as somnolence. Prescription documentation reports approximately one quarter of patients experienced nausea and another quarter experienced somnolence while 13% experienced ejaculatory disturbance and 10% experienced male genital disorders. Side effects experienced by one in every ten patients included weakness, dizziness, insomnia, sweating, dry mouth, constipation and tremors. A study published in the Harvard Review of Psychology found patients also experienced high blood pressure, irritability, headaches, tingling and numbness, weight gain and impaired short-term memory.

Paxil Risks and Warnings

In 2004, studies on SSRIs, including Paxil, showed a correlation between increased suicide rates in adolescents and young adults. Studies from the National Institute of Mental Health and the United Kingdom Medicines and Healthcare Products Regulatory Agency warn against prescribing the medication to pediatric patients due to the risk of suicide increasing from 2% to 4%. According to the manufacturers of Paxil, the use of antidepressants could play a part in inducing the worsening of depression or the emergence of suicidal thoughts in the early phases of treatment. Due to the high risk of developing withdrawal symptoms, which include convulsions in unborn children, pregnant women are cautioned against taking Paxil and all patients are urged to slowly reduce doses over the course of several weeks. According to data from the World Health Organization, Paxil was the most difficult drug to come off of when compared to other SSRIs.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Accutane Lawsuit Results in Confidential Settlement

Jason Peipert was the first to file a lawsuit pertaining to Accutane on December 16, 2003. He had been diagnosed with Crohn’s disease which he attributed to the drug that was prescribed for him in 1999 for acne treatment. He was suing the makers of Accutane, for marketing what he claimed to be a defective product that was insufficiently tested and caused serious harmful side effects. He also sued the doctor that prescribed the drug for not warning him of or testing him for the side effects of the drug.

Peipert’s doctor  argued that Jason’s irritable bowel symptoms did not appear until two years after he stopped taking the drug. He filed  motion asking the court to dismiss the case  stating that Peipert had insufficient evidence. However, the judge  denied the motion and the case continued. Had the case gone to trial at this point it would have been the first to challenge Hoffmann-La Roche on its testing and warning label of Accutane in the United States.

Peipert refused settlement offers from Accutane’s maker and a trial date was set for April 16, 2007. However, this case was never heard by a jury. The date continued to be pushed out due to ongoing scheduling issues and other issues. Eventually, a settlement was  reached in 2010.  The  details of the settlement  were confidential.

This article should not be considered as legal advice. This article was not constructed by an attorney.

If you would like to speak with an attorney in regards to pursuing an Accutane lawsuit, please contact the lawyers of Goldberg & Osborne located in Phoenix, AZ.

Can A Spouse Be Cut Out Of A Will In Florida?

Wills are altered by marriage, death, or birth of any potential legatees. When a testator, the person making the will, experiences one of these life-changing events, Florida law requires that the will be probated as if it had been altered by the event. This means that if a person marries and does not change his/her will, the will is probated as if the person had changed the will to reflect the statutary distribution of property. It is important to consult with an estate-planning attorney any time you experience one of these events.

A spouse can be "disinherited," or cut out of a will, in Florida only under certain conditions. While testators generally have the right to distribute their property as they choose, in Florida a spouse can only be left out of a will if a properly executed pre- or post-nuptial agreement is in place. In a case where a will reflects few or no benefits to the surviving spouse, the spouse is generally given a choice of any benefits evident in the will or 30% of the estate's value after taxes and probate costs.

The surviving spouse and children are also entitled to certain protections regarding the family residence, or homestead, ensuring that they are not forced from their home. Further, any property owned as joint tenants with right of survivorship passes to the survivor in the case of death; this property cannot be willed to another person. There are also statutory death benefits available to a spouse and surviving children under Florida law.

In cases where there is a reason to leave a spouse out of a will, perhaps through separation or by verbal agreement, an attorney must be retained to draw up the proper documents in order to legally affect this. If a will is probated that is not backed by a pre- or post-nuptial property settlement, the will can be declared invalid, and the statutory distributions will be used to distribute any assets.

This article is not intended to be used as legal advice. Only an estate-planning attorney licensed in Florida is qualified to give legal advice on this subject.

Yaz Birth Control Pill Deaths

It is difficult to quantify the disastrous effects that Yaz pills have had on women around the world. However, it is safe to say that the dangerous side effects are definitely not worth the convenience. Studies show that these pills contain a chemical called Drospirenone which makes the body retain potassium. Potassium in excessive amounts of proven to be linked to a number of potentially fatal diseases and it is for this reason that Yaz pills should be avoided. Moreover, there is enough evidence to prove that the consumption of Yaz pills increases clot formation in the body and can thus result in the onset of terribly dangerous diseases such as Deep Vein Thrombosis, heart attacks and even strokes.

The company that manufactures Yaz pills has come under fire for the misleading advertising related to the product which does not provide adequate information about the risks associated with the daily use of Yaz pills. The numerous wrongful death lawsuits that have been filed against the firm are an indication of the product’s dangers and should be duly noted.

Women who use Yaz pills are much more likely to suffer from preventable yet potentially fatal diseases such as heart attacks, strokes, gallbladder disease, kidney disease and Deep Vein Thrombosis and all these diseases can cause great discomfort. The treatments for these diseases are often difficult and expensive and have small chances of success.

Naturally most medications come with their share of dangerous side effects but Yaz pills in particular have a terrible reputation as they have caused deaths. Moreover, these deaths were due to serious medical complications that could only have arisen from the use of the pills. Abnormal blood clot formation is said to be the reason behind these complications and this abnormal process is caused by the combination of hormones used in the Yaz pills.

If you use Yaz pills and find yourself suffering from sudden chest pain, shortness of breath, swelling of the leg or partial paralysis then you should rush to a doctor as these may be signs of a dangerous disease. Remember that any discomfort that results from the use of Yaz pills is a direct fault of the manufacturing firm and you should definitely draw attention to your plight by filing a lawsuit as soon as possible.

If someone you loved died after taking Yaz birth control pills, do not hesitate - join the Yaz class action lawsuit immediately.

The Level of Evasion and Punishment: Systems for Minimizing Misrepresentation and Evasion

Tax evasion is a crime is just about every developed country around the world. Anyone guilty of tax evasion is subject to fines or imprisonment. In China, for instance, the punishment of tax evasion is as severe as the death penalty. In Switzerland, on the other hand, acts that equal criminal tax evasion in other countries are considered civil matters.

Anyone who dishonestly misreports income in a tax return, it is not necessarily considered a crime. These acts are addressed in the Swiss tax courts, rather than the criminal courts. Even in Switzerland, however, fraudulent tax conduct is regarded as criminal. The deliberate falsification of records is one example of fraudulent tax conduct. However, civil tax transgressions result in penalties. The difference between Switzerland and other countries, though, while it is considered to be significant, is quite limited.

Tax evasion is punished according to the extent of evasion. That is, the severity of the punishment depends on the severity of the evasion. Usually, the higher the evaded amount, the more severe the punishment.

Strategies for Tax Evasion

There are various strategies for minimizing tax evasion, however. One of these is the privatization of tax enforcement. This strategy is designed to overcoming the limitations of government tax administration in controlling tax evasion. A number of governments have resorted to privatization of tax enforcement as a means of enhancing the overall efficiency of their tax systems. The basic premise is that the leakage of revenue can be lowered if there is a privatized regime. In Bangladesh, for example, a portion of the Customs administration was privatized in as early as 1991.

Tax Farming and Tax Evasion

Tax farming is another means of reducing tax evasion. It is also a well established means of collecting revenue even in the face of difficult determining how much actually needs to be collected. Government leases out the collection system to a private entity for a set figure. They ten set about collecting the revenue and absorbing the risk of attempts at evasion by the tax-payers. For developing countries, tax farming is considered to be a potentially viable solution for solving the problem of tax evasion once and for all.

Finally, the pre-shipment agencies, such as SGS and Cotecna, are hired to prevent the evasion of evasion of customs duty. The PSA systems specifically work to prevent the evasion of customs duties achieved by under-invoicing and misdeclaration.

Need legal help? Weinstein Law Firm can help clients living near Fort Lauderdale.

What is Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy may be referred to as a "straight bankruptcy". When a debtor becomes hopelessly unable to pay debts owed, a Chapter 7 bankruptcy liquidates whatever non-exempt assets are owned and the proceeds are used to pay creditors. A trustee is appointed to collect the assets, sell them, and distribute the funds to creditors. A Chapter 7 bankruptcy often allows the debtor to "reaffirm" some debt and thereby retain possession of a home or an automobile. Most other debt is, in effect, wiped out with a Chapter 7 bankruptcy filing. Court ordered restitution and child support can not be included in a bankruptcy.

What are the most common reasons for a Chapter 7 bankruptcy?
Most people who file for a Chapter 7 bankruptcy have experienced extenuating financial circumstances. The loss of a job, serious over-extension of credit, a divorce, the death of a family member, and large medical expenses, are all reasons that a debtor may find himself considering bankruptcy.

What is the filing process?
An official petition must be filed with the courts. The debtor must also supply detailed financial information, including a listing of assets owned and a financial history. A complete listing of all property must be compiled, as well as a complete listing of all creditors with their exact addresses.

When will the Chapter 7 bankruptcy be discharged?
Approximately four to six months after the bankruptcy has been filed, most debts are discharged. When a debt is discharged, it is no longer enforceable.

What happens after Chapter 7?
A Chapter 7 bankruptcy often provides the debtor a fresh start. Even though the debts have been discharged, the bankruptcy will remain on a credit report for ten years. However, with time, the bankruptcy has less negative impact on the credit report. It is important to pay all obligations on time after declaring bankruptcy. Obtaining automobile financing and securing a mortgage loan are possible within a few years of filing bankruptcy.

This article is intended for informational purposes only, and is not legal advice. If you may need to file Chapter 7 bankruptcy, contact bankruptcy Attorney Gary R. Jodat to guide you through the process.

Injury and Wrongful Death Due to Medical Malpractice

Medical malpractice, also known as medical negligence occurs when a health care provider omits to behave according to the established standard of appropriate care in the medical district. Therefore when a doctor, nurse or any other medical care provider omits to take action as a rationally cautious medical care provider who specializes in the same field would, and brings about a patient to endure grave injury or wrongful death, he/she may be accountable for imposing injury on his/her patients.

What Happens if Injury and Wrongful Death Occurs Due to Medical Malpractice

If ever such circumstance occurs, a persistent investigation has to be made. Investigators will have to acquire all the medical facts surrounding the case and obtain testimonies from a medical expert. A trial will allow the presentation of the results of the civil discovery process and tools applied, and the case will be determined based on these results. An attorney should collect comprehensive and accurate statements from the defendants, as well as from opposing experts. He/she will also need to make in depth request for important documents, and if he/she thinks than these documents have been falsified, modified or mislaid he/she will need the help of document authenticity experts to prove the claim. Lastly, the lawyer needs to come up with good queries for the defendant to answer in order to collect the proof necessary to win a complicated medical negligence case.

Common Causes of Medical Malpractice

Failing to listen to a patient could be critical for any doctor. This is the most prevalent form of complaint made by medical malpractice clients. Often a first error initiates the occurrence of many others. In order to make an accurate diagnosis, it is important that doctors acquire the patient’s complete medical theory. However many doctors fail to do this simple task for a number of reasons. Perhaps they are practicing assembly line medicine and offering every patient too little of their time or perhaps they do not want distraction or are too arrogant Merely the failure to listen can be critical for both patient and medical care provider. The patient’s condition could worsen and the doctors and nurses may be charged for malpractice.

This article is for information purposes only and not a legal advice. Please inquire for more information on wrongful death from Justice for All attorneys in Fort Lauderdale.

What Happens When Brakes Fail?

When the brakes fail on a car, the result can be life threatening for the driver and any passengers. When the brakes fail on a big rig, the results can be life threatening for anyone else on the road. And, unfortunately, due to the weight, the number of breaks, and the sheer workload these brakes are put under whenever they take to the road, the risk of such a thing is much greater for a big rig truck.

How Can Brakes Fail?

Most large trucks operate on air brakes, which are more complex and volatile than standard brakes. They can handle a much greater load, but they require much more frequent maintenance to ensure they don’t fail. They will have an air compressor that will compress air as the engine drives. This air compressor’s tank will have a governor that sets the pressure at a maximum of 125 PSI. When the pressure gets above 125, it stops pumping and when it gets below 100 PSI it starts pumping again, ensuring the air is always there to operate the brakes.

When a compressor stops working, a belt comes loose, or the brakes are not well maintained, the governor can stop and the result is brake failure.

Avoiding a Major Accident when Brakes Fail

When brakes fail, a truck turns into a runaway missile – a potentially deadly projectile on the highway. This is the reason you will see runoff ramps on steep downgrades for trucks that lose control in a space that they absolutely need their brakes. For anyone near a truck that has lost brake control, pull out of the way and do not attempt to catch up or stay in front of the truck. Call an emergency number immediately and make sure no one else gets hurt by the runaway truck.

Brake failure is a massive risk – something that millions of people may not realize happens practically every day on the nation’s highways. Thankfully, there are dozens of checkpoints in place to keep brakes from failing unnecessarily. With constant checks, dozens of stopgaps in place, and plenty of ways to ensure brakes never fail when they are needed most, these types of accidents should be extremely rare. If one happens to you, it is important to question exactly why those brakes failed and if anything could have been done to prevent it. This article is not intended to provide legal advice.

Find out more about how brake failure and auto accidents can affect you from West Palm Beach area lawyers at Searcy Law.

Social Security Disability Benefits for the Blind

• You are consider blind if your best eye cannot be corrected to better than 20/200 or your visual field is 20 degrees or less with the aid of glasses or lenses
• Many of the regulations applying to disabled people do not apply to blind people
• You can still be considered legally blind even if you can read large print and do not use a cane or guide dog

If you are blind or have poor vision you may be eligible for Social Security Disability benefits, although different rules apply to those who are blind, compared to those that are applying based on a different disability.

You are considered legally blind for the purposes of the Social Security rules if your overall vision cannot be improved from 20/200 in at least one eye or if your overall visual field is equal or less than twenty degrees, even with corrective aids such as glasses or lenses. You may still have some sight even if considered legally blind under these rules. You maybe able to read large print and have no requirement for a guide dog or carrying a cane.

Even if your vision is not bad enough to qualify you as legally blind under the Social Security rules you may still be able to apply for disability benefit if your poor vision, combined with other health issues, stop you from working.

The Social Security Administration recognises the severe effect of being blind on a person’s ability to work. The amount of money that a blind person can make each month and still be eligible for Social Security Disability benefits is higher than for people suffering from other forms of disability. For 2010, a person who is blind can still earn $1,640 a month and make a successful claim for disability benefits.

This article is not intended to replace proper legal advice. To find out further information about applying for Social Security Disability benefits for blind people you can contact attorney Gerard Lynch, with offices in Houston, Texas and surrounding areas.