Medical Malpractice: Documents Checklist
So you’ve decided to sue your doctor. What did he do? Leave a clamp in you after a surgery? Misdiagnose you with the wrong illness? Botch your vasectomy? Whatever the issue, to win your case, you’ll need proof, proof, and more proof. Help your attorney by giving him as much documentation of your injury as possible. Here is a checklist of documents you should have for a medical malpractice case: Medical Records These are the most important documents. To sue for medical malpractice, you’ll need to be able to prove your injury. Your attorney will need to know what medical procedures were performed, how they were performed, who was involved, and what care was or was not provided. Doctor’s notes and nurses’ notes will help illuminate any …
I Missed The Recall. Can I Still Sue?
According to the National Highway Transportation Safety Administration, only 70 percent of recalled vehicles ever get the necessary repairs. Sometimes, owners ignore recalls. Sometimes, owners never get recall letters. Often, people buy cars used and don’t know that the cars were recalled. The law does not require owners to notify subsequent buyers of recalls on their cars. Ultimately, the responsibility to check for recall rests with the current owner of the car. So if you’ve missed a recall, and got in a car accident that might have been caused by a defect in your car, can you still sue? Get Your Car Fixed The best thing to do is be proactive. Regularly check your car for recalls, especially when you buy a used car. NHTSA has a tool …
Injured in an Airbnb Rental
Travel is expensive. Why spend money on a hotel if you’re going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers. However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue? Personal Injury Lawsuits Under the principle of premises liability, homeowners, landowners, landlords, Airbnb hosts, are responsible for maintaining a relatively safe environment on their property. For premises owners to be held liable for injuries, you, the plaintiff, must show that the owner created, knew, or should have known about an unsafe condition and negligently failed to correct it, causing …
Construction’s Top ‘Fatal 4’ Workplace Injuries
Construction is a hazardous job filled with perils that could cause illness, injuries, and even death. According to OSHA, 20 percent of all workplace fatalities in 2013 occurred in construction. This equals 828 deaths. While there are many sources of construction site injuries, construction’s Fatal Four accounts for over 57 percent of construction workers’ deaths in 2013. Construction’s Fatal Four OSHA identifies the four leading causes of worker death on construction sites as: Falls — Falls caused 302 deaths in 2013. Construction workers are often required to work from high scaffolding, ladders, windows, or roofs. OSHA regulation 1926.501 requires employers to have fall protection systems such as guardrail systems, safety nets, or personal fall arrest systems. Being struck by objects — Falling objects caused over 80 deaths when they struck unsuspecting workers below. OSHA regulation 1926.501(c) specifically addresses …
Can You Really Sue City Hall?
Have you ever been to San Francisco’s city hall? Like so many across the nation, it’s huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let’s say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg. If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall? Suing City Hall The short answer is yes. (And of course, by city hall, we mean essentially any property that is controlled and operated by some sector of government.) …
Can You Get Worker’s Compensation for Obesity?
The National Heart Forum estimates that 37 percent of Americans are obese. This number could rise to 50 percent by 2030. Obesity doesn’t just affect our size. It can cause other health problems, such as high blood pressure or heart attacks, or exacerbate the effects of other injuries, such as a back or knee injury. With the sedentary lifestyle of office work and all these drastic numbers in mind, can you get workers’ compensation for obesity? Work Related Injury While workers compensation laws vary from state to state, generally, you can get workers compensation for an injury that is work related, meaning it was caused or aggravated by your work duties or the conditions of your work place. Simple enough right? Obesity In 2013, The American Medical Association reclassified obesity as …
Can I Get Worker’s Compensation For a Hernia?
You’re going through your work day, lifting boxes and doing other chores. Suddenly, you feel a pain in your side, and there’s a bulge in you abdomen or groin area. You may have a hernia. Can you get workers’ compensation for a hernia? Hernia A hernia is an injury that occurs when an organ or fatty tissue is pushed through a weak spot or a tear in surrounding muscle tissue. There are several common types of hernias: inguinal (inner groin), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach). A hernia can occur when tissue weakness combines with pressure to push an organ through a tear or opening in the tissue. Hernias often occur after heavy lifting, persistent coughing or sneezing, diarrhea or constipation, or a …
How Long Will Workers’ Compensation Benefits Last?
You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim. You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered? Can You Work? In addition to compensating you for your medical costs, workers’ compensation pays you for lost wages that you suffer. How much you’ll get and how long you’ll get payments depends on your state’s statutes. Temporary partial disability and Temporary total disability Temporary partial disability applies when you have some disability that still allows you to perform limited or part-time work at a lower income level. In Maryland, if you have a …