However, if your loved one’s death was avoidable, then you may have legal grounds to hold the hospital or the healthcare provider liable. Here are two circumstances when you can sue the hospital following your loved one’s death.
Incompetence on the part of the healthcare provider can result in a misdiagnosis, a delayed diagnosis or a failed diagnosis. It can also result in administering the wrong treatment or improper dosages of medication. And all these have the potential of resulting in wrongful death.
If your loved one’s death was caused by a hospital employee’s mistake, holding the hospital accountable can help prevent someone else’s death.
If a patient’s condition is severe, they may need specialized care. If a hospital doesn’t have the facilities necessary to provide appropriate care for a patient, it is incumbent upon them to initiate a transfer to another facility.
If they fail to do so without good reason and your loved one died, the hospital may be liable.
The death of a loved one under any circumstance can leave you shaken. If you believe your loved one’s death was due to the hospital’s negligence, then you can pursue a wrongful death claim against the healthcare facility in question.
]]>Your child might have a TBI if they received a hard blow on their head. If it turns out that they have brain damage, quick medical attention can make a big difference. TBI’s can have long-lasting physical and psychological effects on a person, so the sooner they get treatment, the better. Some of the most common symptoms of TBI in children include:
These symptoms are common in kids with TBI, but it could be possible for your child to have such an injury without showing any symptoms at all. Some injured victims show symptoms hours or days later, and that is a long time to wait for a serious condition.
A prompt medical evaluation is also beneficial in improving your chances of getting compensation if your child has brain damage. You may need this compensation to pay for expensive medical procedures and long-term care if their damage is moderate or severe. That is why it is important to get a medical evaluation quickly. If you ask for compensatory damages, the party at fault for your child’s injuries will have to pay you for your medical expenses and your child’s suffering and pain.
A TBI could affect your child’s development. Still, you can minimize the impact of the injury by getting them quick medical attention and treatment. You could ask the person at fault for compensation for your child’s injuries if they caused those injuries by being negligent. By filing a personal injury claim, you can make the person at fault pay for their mistakes and for all the pain they have caused you and your child.
]]>This means that no matter how responsible you are in your own driving practices, there is always a level of risk when out on the roads. You can only control your own actions and not the conduct of other road users.
When you check your rearview mirror only to find another vehicle a matter of inches from you, this can be extremely daunting. This type of behavior is commonly referred to as tailgating. Sometimes, tailgating is accidental, the driver may simply be distracted. However, most of the time it is a form of aggression. In any case, how do you deal with tailgaters in a safe manner?
If someone is following too closely behind you, it may be tempting to try and catch their attention by slamming on the brakes. This is extremely dangerous and should be avoided at all costs. If the driver is distracted or traveling too fast, they will not be able to stop and a rear-end collision will ensue.
Another possibility that should be avoided at all costs is speeding up. You may become so preoccupied with the driver in your rearview, that you forget about what is in front. If you are traveling at a lawful and suitable speed, then accelerating will only cause further issues. An accident at a higher speed could result in catastrophic injuries
If you are on the highway, then there are faster and slower lanes. It is likely that the driver just wants to overtake you, and the best place for them to do this is in the faster lanes. In a calm and safe manner, make your way into the slower lane. Make sure that you signal in plenty of time and avoid rash maneuvers. Competing with an angry tailgater is simply never worth it.
Aggressive or distracted drivers should not be allowed to put you at risk on the roadways in Washington. If an aggressive driver has injured you in an accident, be sure to assess your legal options to obtain the compensation you need.
]]>Patients sometimes believe that this means that medical malpractice has occurred because they’re being charged for an outcome that they are not fond of. And it certainly could be a malpractice case, but a poor outcome does not guarantee it.
What does it take to turn something like this into malpractice? Here’s what you should know:
The big thing to consider is the standard of care that you expect when you go to the doctor. If you did not, then it may be a case of medical malpractice because you would not have had that poor outcome at another medical center. This is why medical malpractice cases will sometimes use testimonies from other medical professionals to determine what type of care should’ve been provided.
If that negative outcome was due to a negligent mistake that the doctor made, or if they intentionally did something that was against your best interests, that’s an example of malpractice. In other words, what you deserve is not necessarily the optimal outcome in every medical situation, but a medical team that will put you first and work hard to achieve those results.
Unfortunately, this is not always the standard of care that you get. If you believe malpractice has occurred, you need to consider your options to seek compensation.
]]>However, if someone has previously fallen or has a worsening medical condition, like Alzheimer’s disease, their family members may have neither the time nor the medical experience necessary to properly support them. Yet, someone who is moving into a nursing home will still need family support. Older adults in nursing homes are vulnerable to both abuse and neglect that could leave them severely injured.
The staff at a nursing home should provide regular support for those with limited mobility so that they feel comfortable and don’t try to handle tasks that will result in a fall. Those who are bedridden or largely immobile will require regular care so that they don’t develop bedsores and to treat any such injuries that do occur before they worsen.
Although infestations like lice and scabies tend to spread quickly in nursing homes, there is no inherent reason that they must move from one resident to another, proactive cleaning practices are usually enough to prevent the spread of infestations. If a loved one has a serious but preventable medical issue or injury, that could be a sign of neglect, possibly caused by chronic facility understaffing.
Sometimes, the issues someone experiences at a nursing home won’t be the result of neglect but rather intentional misconduct. Residents subject to abuse at a nursing home may have minor but unusual injuries when family members visit. They may also demonstrate a change in personality, often becoming more withdrawn.
In some cases, staff members won’t even leave older adults alone with their family members when they come to visit. Carefully looking into the situation and visiting more regularly may be necessary to document and resolve staff misconduct.
When there are warning signs that there could be abuse or neglect occurring at a nursing home, an older adult may need their family members to act on their behalf. Looking into the situation and taking legal action when necessary can help to protect someone who is experiencing mistreatment at a nursing home.
]]>A family filed a medical negligence lawsuit against a military hospital in Honolulu where the mother delivered her baby. The lawsuit claims her baby suffered a “catastrophic brain injury” due to negligent care by the hospital.
The lawsuit alleges the hospital failed to notice the symptoms of a uterine rupture and didn’t perform a Cesarean section as quickly as they could have. The pregnant woman had been closely monitored during her pregnancy due to having previous miscarriages as well as a difficult birth with her first child.
The lawsuit says the woman had a risk for a uterine rupture during this pregnancy, and the lawsuit claims the hospital failed to notify her obstetrician who could have consulted during her delivery and care at the hospital. The lawsuit says the hospital’s negligence led to her child’s severe brain injury, which will require constant care for the rest of his life.
The plaintiffs and the hospital have reached a tentative settlement in the case. The family will receive $9 million from the hospital, with $5 million being paid as a lump sum and another $4 million being paid over the rest of the child’s life.
While this case did not happen in Washington, it is an example of the legal action victims can take after a birth injury happens. Hospitals and doctors can be held liable for negligent actions and care, and victims may be able to receive compensation to help pay for medical care and treatment.
]]>Anyone who has sustained major injuries or property damage losses will likely benefit from having a lawyer help with an insurance claim or personal injury lawsuit. However, when the vehicle that caused the collision is a commercial truck, it will be of the utmost importance to have proper support if you’re seeking the maximum amount of compensation to which you’re rightfully entitled.
Aggressive negotiations are standard when a sizeable insurance claim has been submitted. The higher the policy limits and the greater the overall damage, the more assertive insurance professionals will be in their efforts to reduce the company’s liability.
Given that commercial vehicles that weigh 10,001 pounds or more typically have to have at least $750,000 worth of liability coverage, there is plenty of incentive for insurance companies to push back on claims after a commercial crash.
The average person may not have much experience with negotiations or much understanding of insurance and personal injury law, which puts them at a disadvantage when negotiating with an insurance company. A lawyer knows the rules and how to handle negotiation tactics that the average consumer might fall victim to when handling a claim on their own.
Undergoing treatment for a major injury is both physically and psychologically stressful. The stress that someone experiences can actually affect their recovery. Psychological tension can diminish the performance of the immune system, making it important that those trying to recover from a traumatic injury try to limit their stress levels.
Trying to educate oneself about insurance law or communicating with insurance companies while recovering from major injuries will not be in the best interest of the injured party. The lawyer representing the injured individual can handle all of the communication with the insurance company and the process of preparing for civil litigation if necessary. That way, claimants can focus on healing and let someone with more experience manage their claims.
There is no question that recognizing how important professional help might be can help someone who has been injured in a recent commercial vehicle crash recover the compensation to which they’re rightfully entitled.
]]>In such a situation, the party seeking the remand would need to file a motion with the federal court requesting that the case be sent back to the state court. The motion would typically argue that the federal court lacks subject matter jurisdiction because the amount in controversy falls below the threshold for diversity jurisdiction.
Jurisdiction for removal to federal court falls 28 USC § 1441 (The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs). See 28 USC § 1441 and 1332.
In cases removed from State Court, the removing defendant has “always” borne the burden of establishing federal jurisdiction, including any applicable amount in controversy requirement. Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676 (9th Cir. 2006) page 683. The evidence is that the amount in controversy is less than $75,000.
If the case was not remanded and a judgment is entered for less than $75,000, then according to 28 USC § 1332 (b) the Court may “deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.” This would unfairly burden the Plaintiff in this case as the value of the case is conceded at less than $75,000.
]]>The client told me that he had left the key fob either in the vehicle or close to the vehicle. The thief was able to get away with the vehicle without any marks of forcible entry. The vehicle was later found, wrecked and totaled in a ditch.
The insurance company denied coverage because there was no evidence of forcible entry. They argued that the policy only covered theft that was “due to forcible entry.”
The client was understandably upset.
The case of Offutt v. Liberty Mutual Insurance Co. *(Court of Appeals of Maryland) involved a dispute over whether an insurance policy covered the theft of tools from a truck. The policy in question stated that it would not cover theft unless it was “due to forcible entry (of which forcible entry there must be visible signs at point of entry).”
The truck in this case was parked with all of its doors and windows locked. The next morning, the tools were found to be missing, but there were no visible signs of forced entry. The insured argued that the position of the keyhole in the door, which was in the unlocked position, was sufficient evidence of forcible entry. However, the court disagreed, finding that the policy required “visible marks” of forced entry.
The court’s decision in this case is significant because it provides guidance on how to interpret insurance policies that require visible signs of forced entry. The court’s ruling makes it clear that the policy language must be strictly interpreted, and that mere circumstantial evidence of forced entry is not sufficient.
Here are some of the key takeaways from the case:
*My research into Washington Case law found that Washington Courts will generally uphold insurance company exclusions for losses caused by burglary without forcible entry.
This is just one example of how insurance companies can deny coverage for theft. It is important to read your policy carefully and understand the terms and conditions. If you have any questions, be sure to ask your insurance agent.
In Washington State, Personal Injury Protection (PIP) insurance plays a vital role in providing necessary coverage for medical expenses, lost wages, and other accident-related costs. Understanding the workings of PIP is crucial to ensure you receive the benefits you’re entitled to after a car accident. By knowing your rights and responsibilities, you can navigate the claims process more effectively and seek the appropriate compensation for your injuries. Remember to consult with an experienced insurance professional or attorney for personalized guidance based on your specific situation.
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