Fee hike implemented
Further to Ian’s post last week, court fees have been increased from today – by over 600{9c067c25ed205f086ce6001901eb13dfadc688a7aefab9f64e0c55b8c5a55872} in some cases. The Law Society have set out the arguments they are raising in support of their proposed judicial review. The most eye-catching of these is that the fee increases are “tantamount to ‘selling justice’ contrary to the principles of Magna Carta”, presuambly on the basis that the new fees will not just be covering the court’s costs of the claim, but subsidising the public purse generally. Section 29 of Magna Carta 1297 is still in force and provides: “… We will sell to no man, we will not deny or defer to any man either Justice or Right.” Whether or not 13th Century barons had court fees in mind…
Studies Link Zofran to Birth Defects
In the past few years, several studies have identified a potential link between Zofran (ondansetron) and an increased risk of birth defects. Harvard and Boston University Review This 2012 epidemiological review of more than 10,000 birth records found that women who were prescribed Zofran as an off-label treatment for morning sickness were over twice as […]
Los Alamitos Car Accident Proves Fatal
Brenda Coronel, 23, was fatally injured in a highway crash in Los Alamitos early morning on April 26, 2015. According to a news report in The Orange County Register, the car accident occurred on the southbound 605 Freeway just south of Katella Avenue. California Highway Patrol officials say one vehicle rear-ended another causing the
Can I file a lawsuit against my doctor for battery?
From time-to-time, this blog discusses surgical errors and how they can be extremely damaging to victims. While doctors and nurses are often responsible for leaving foreign objects inside of patients, operating on a wrong body part, or performing the wrong operations, they are also sometimes responsible for providing a patient with an unnecessary or unwanted operation. The results from these procedures can be just as harmful, so you should be aware of how the law operates in this context. If you are subjected to an operation against your will, if a doctor obtained consent for the operation through fraudulent means, or you were incompetent to give consent and an operation was conducted on you anyway, then you are the victim of battery. Legally speaking, battery …
Man could face life without arm due to workplace injury
While there is some degree of risk in almost all occupations, some hold more potential dangers than others. For example, those who deal with heavy machinery may have a higher risk of becoming injured than those who work at a computer. Regardless of the type of occupation, states such as Illinois require employers to provide workers’ compensation insurance benefits to help in the event an employee suffers a workplace injury. One out-of-state man will likely need such benefits after a serious accident caused the loss of his arm. The accident happened one morning in April. A 38-year-old man apparently became entangled in a piece of machinery. He arm was severed as a result. Employees at the company, Northern Contours, who have emergency response training …
HELP Leaders Create EHR Working Group
“The goal of this working group is to identify the five or six things we can do to help make the failed promise of electronic health records something that physicians and providers look forward to, instead of something they endure,” said Chairman Lamar Alexander, R-Tenn.
MSHA Offering Dust Monitor Certification Courses
Beginning Feb. 1, 2016, mine operators must use Continuous Personal Dust Monitors to sample for respirable coal mine dust on working sections of underground coal mines. The courses are required for personnel who sample, maintain or calibrate CPDMs.
Set Sail with Safety First
According to the statistics, the number one contributing factor in boating accidents is operator inattention. The second most important factor is operator inexperience. National Safe Boating Month, serves as an important time to remind everyone to make safety a priority, whether you own a vessel, personal watercraft such as a jet ski or wave runner, or […]
Mascio v. Colvin: Disability Benefits Appeals
Mascio v. Colvin, an appeal from the United States Court of Appeals for the Fourth Circuit, involved claimant who applied for Supplemental Security Income (SSI), and the Social Security Administration (SSA) denied her claim for benefits. Claimant based her request for disability benefits on the fact she suffers from a degenerative disc disorder, carpal tunnel syndrome (CTS), and an adjustment disorder. Adjustment disorder is a psychological illness related to stress that makes it difficult for patients to engage in normal social situations or workplace situations. She had a hearing before an administrative law judge (ALJ), who determined claimant was not disabled. Claimant timely appealed this decision, and the appellate court reversed ALJ’s decision and remanded the case for a new hearing before a different ALJ.
Insurers’ proposals for further reform to the PI sector
The Association of British Insurers’ website recently set out its top 10 insurance and savings priorities for the next parliamentary session. The most striking of these for personal injury lawyers is the proposal for “Modernising the civil justice system to get compensation to claimants rather than lawyers.” The ABI fleshes this out by suggesting increasing the small claims track limit for PI claims, considering a reduction in the current 3-year limitation period and using fixed legal fees to address the rise in industrial deafness claims and ensuring people suffering from asbestos related conditions get compensation quicker. Another of the ABI proposals which would also affect the PI sector is a proposal for “Cracking down on the behaviour of Claims Management Companies” by requiring them to…
High Court weighs excessive force against accused not yet convicted of crimes
04/29/2015 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release) Washington – The Supreme Court is hearing a case that calls into question the limits on the use of excessive force for inmates who are awaiting trial, and have not been convicted of any crime. The Associated Press (AP) states the issue at hand in the case is whether individuals who file legal claims against jail guards based on alleged mistreatment are required to show there was intentional or reckless use of excessive force, as opposed to simply being unreasonable. The case pertains to an incident involving a man who says two jail officers used excessive force when transferring him to another cell. The man, Michael Kingsley, was jailed on drug charges and awaiting trial at…
Stark & Stark Attorney Elected to the Board of Directors of One Simple Wish
Stark & Stark is proud to announce that Bryan M. Roberts, Esq. has been elected to the Board of Directors of One Simple Wish. “To me, there is nothing greater than giving an innocent child hope, help and happiness.” Mr. Roberts said of his appointment. “One Simple Wish is an extraordinary organization that has given hope, help and happiness to the most vulnerable members of our local, state and national communities. I am very proud to join One Simple Wish and further their mission.” The not-for-profit is active in 48 states and provides small wishes to children who are in foster care or have been abused and neglected. Stark & Stark is a presenting sponsor of the Mercer County Park’s Spring…