January 21, 2022
Individual states determine the statute of limitations for filing medical malpractice claims. Most states adhere to a standard deadline that requires plaintiffs to file claims between two and six years following an incident or forfeit their right to sue. The Standard Deadline rule applies to most medical malpractice cases, including:
- Failure to diagnose
- Failure to order appropriate tests
- Failure to address symptoms
- Poor follow-up
- Prescribing improper drugs or dosages
- Misreading test results
Medical malpractice law recognizes that the Standard Deadline rule does not apply to every valid medical malpractice claim. Therefore, these three accommodations may supersede it.
Contact Wieand Law Firm today to schedule a free consultation during which we can discuss the facts of your case. If you need a medical malpractice lawyer contact Wieand Law Firm today to learn more about the services we offer.
The Discovery Rule
Often patients do not realize they are victims of medical malpractice until years after an incident occurs. Patients may still sue for malpractice if they file their claims within their state’s statute of limitations that begins running from the date they become aware of the problem. Plaintiffs who do not want to risk the statute of limitations running out may opt to confirm their suspicions with the help of a medical professional. For example, a patient who experiences a latent infection due to a surgical instrument left inside the body must take reasonable steps to confirm the cause of the problem upon realizing the possible cause.
Minor Children Statute of Limitations
Medical malpractice involving minors is another exception to the Standard Deadline rule. The timeline for the statute of limitations often does not begin until a child reaches adulthood. For example, children or their parents and guardians may sue for malpractice in some states within two years after the injured child’s eighteenth birthday. In other instances, plaintiffs may initiate claims for medical errors occurring during childhood even if the errors go undetected or do not produce symptoms until adulthood. However, all plaintiffs must still file within their state’s statute of limitations.
Statute of Repose
Some states impose a statute of repose for all medical malpractice claims. As a result, injured parties must file medical malpractice claims within a specified period even if they do not discover the issue until after the allowable period. A statute of repose provides no exceptions and can protect medical professionals from lawsuits years after an alleged error occurs.
When a trusted medical professional’s actions cause harm to you or your loved one, the long-term consequences can be devastating. Speak with a medical malpractice attorney as soon as possible if you suspect a medical error to ensure you understand your rights and your state’s statute of limitations for filing a claim.
June 14, 2021
As a medical malpractice attorney, I gain unique insights into the shortcomings of the healthcare industry. Not only do I see the results of medical errors and medical negligence, but in monitoring medical literature for new developments and trends, I can predict how cost-cutting measures and new technology will harm patients in the future. Over the last few decades, we have witnessed an unprecedented investment in electronic medical record systems. While these systems have their good points, they also carry many risks that have already resulted in patient harm.
Indeed, patient harm that results from errors generated by the electronic medical record has earned its own name, “e–iatrogenic injury.” E-iatrogenic injuries can occur by virtue of following algorithms that are inapplicable to a particular situation, relying on data sets when critical clinical information is left out of the decision-making process, or applying algorithms to individual patients who do not squarely fit within the algorithm. Oftentimes, the algorithms are based on data acquired from stagnant populations, like adult white males. Then, in applying them to patients of varying ages, races and sexes, the algorithm leads medical decisionmakers astray.
In addition to potential physical injury that occurs by applying artificial intelligence (AI) and electronic medical record systems to healthcare decision-making, electronic medical records are used to data mine for purposes of research and development. Individuals’ protected healthcare information has value in this setting, but the hospitals, medical device manufacturers and pharmaceutical companies that use this data, do not compensate patients for their valuable personal information. Worse yet, it is ethically improper for healthcare providers to conduct research without a patient’s knowledge and consent. Some data collection crosses the line into human experimentation.
While healthcare systems and their vendors might find patterns in patient data sets that will prove useful in the diagnosis and treatment of a variety of medical conditions, and also lead to cost reduction, patient’s rights must be taken into consideration. HIPAA regulations preclude disclosure of patient information to healthcare providers’ business associates unless there is an indicated medical or business reason for doing so. Despite this, Google, Amazon, IBM and Microsoft have already entered into partnerships that allow them access to the medical histories of millions of patients.
Like any data, existing medical data is only as good as the quality of the information that is inputted. In the clinical setting, limited information is collected from patients by physicians and nurse practitioners who are focused on developing a differential diagnosis and creating a plan for diagnosis and treatment. Using these data sets in unrelated areas of medicine can be misleading.
Given privacy considerations, there is an effort underfoot to “de-identify” personal information from medical records in order to protect the privacy of individual patients. However, this does not address the lack of compensation for this valuable information. Further, it creates incentives for healthcare providers, along with the pharmaceutical companies and medical device manufacturers who manipulate them, to experiment on patients with new medicines and devices while collecting data to see which works best, all without the patient’s knowledge or consent.
June 14, 2021
It’s a common and everyday scenario. After a long week of working 9-5, perhaps you may want to go out with your coworkers, friends, or family. You guys might go out to a club, or a casual bar, or a restaurant and order a couple of drinks along with your food. After a couple of drinks, you may feel amenable to ordering more which may leave you in a condition where you’re not capable of driving defensively.
What most people will do is either sober up before driving again, order a rideshare, or if you’re carpooling, establish who is going to be the one person who will stay sober for the duration of the outing and drive the other individuals in the party back to their residences. But the one thing one should never do is drink and drive under the influence (i.e. drunk driving.) Driving puts you and everyone around you in danger as the driver’s motor functions are impaired to such a degree that they can’t maneuver or manage traffic as well as they would’ve if they were not drunk. The result being the event of a car accident.
But imagine a scenario in which you are sober, but your friend who is driving is not. After an argument in which he or she insists they’re fine you decide to just let them drive and you hope for the best; but the best doesn’t come to pass. Soon you’re in a car accident and while you weren’t driving or drunk, you were still injured. Can you sue the driver of the car for injuries sustained even though you were in the car that caused the accident?
The short answer is yes, as long as any personal injury issue meets the criteria that establish the definition of negligence, you can sue.
There’s also “Negligence Per Se” laws in which some states make it easier to make a negligence claim when the negligent act is also a violation of the law. Negligence Per Se laws do away with the need to prove the criteria that defines negligence when the law that is broken is designed to protect the public, thus making it indirect negligence or “Negligence Per Se”
That said, drunk driving is a crime in every state, and the driver convicted of it will endure more than just higher insurance premiums. They’ll also face jail time and a license suspension on top of all the fines they’ll receive.
June 5, 2021
If someone in your life has unfortunately died through the negligence or wrongful actions of others, you might be considering a wrongful death lawsuit. When you opt to file a wrongful death claim, you will need the help of an experienced attorney to guide you through the steps of this complex process. A wrongful death lawsuit is a civil action that will involve investigation, research, legal proceedings in court, and possible financial settlement of the claim. Here are some initial considerations as you weigh your options.
What Is Wrongful Death?
Four key elements constitute the legal definition of wrongful death. Each of these elements must be successfully proven in order to win a case for financial settlement.
- Negligence: Claimants must prove the death was caused entirely or in part by negligent actions of the defendant, including recklessness or carelessness.
- Breach of Duty: Claimants must prove that the defendant owed a duty to the victim. For instance, medical providers have a duty to support patient health, and motor vehicle operators have a duty to follow traffic laws.
- Causation: The lawsuit must prove that the defendant’s negligent behavior caused the victim’s death.
- Damages: The victim’s death must have resulted in quantifiable damages such as medical expenses, burial and funeral costs, loss of income or potential earnings, loss of inheritance, or other expenses.
The claimant will need to be able to produce convincing evidence for each of these points. Wrongful death cases may involve extensive research on the facts of the case and the testimony of expert witnesses.
Who Can File a Wrongful Death Claim?
The answer to this question depends on state law. In some states, only immediate family members of the victim are able to file a wrongful death lawsuit. This includes spouses, children, and parents. In other states, any family member or financial dependent who suffered damages through the victim’s death is able to sue. This more extended list may include life partners and distant family members. Your wrongful death lawyer will be able to provide guidance on the laws in your state.
What Steps Should You Take?
Your state’s statute of limitations determines how long you can take before filing a wrongful death lawsuit. After the statute of limitations has expired, you will no longer be able to file suit. If you believe that your family member’s death was caused by the negligent or deliberate actions of others, do not delay your initial contact with an experienced wrongful death attorney, like David & Philpot. The lawyer will help determine the next steps in building a strong wrongful death case.
May 25, 2021
Boating accidents are not unusual, and neither is needing a lawyer who can help victims recover their damages from those responsible. If you were injured in this way because someone acted negligently and caused the accident, it may be best to schedule a free consultation with a boat accident lawyer like one from Hall Justice Law Firm. If your injury is significant, the costs to treat it may be prohibitive, and those responsible may deny their culpability. Our boating accidents lawyer will aggressively fight for your right to compensation for your damages.
Common Reasons for Boating Accidents
Boating accidents are all too common and if you are unsure if you should hire a lawyer, schedule a consultation. A lawyer can help you determine if moving forward with a personal injury claim or a civil lawsuit is in your best interests. Because they are often travelling at high speed, when boats collide with another boat, flip, or hit a solid object, serious and fatal injuries may occur. Regardless of the details regarding how you were hurt through no fault of your own, contact us. Here are some of the most common ways in which boating accidents happen:
- Hit by crashed boat debris. Persons who are not even on the boat may be hurt if they are hit with debris from the boat crash.
- A boat operator takes the wrong turn and thus collides with another boat. Boats are driven in bodies of water that by their very nature have limited rules in terms of traffic flow. If a boater is distracted or under the influence of alcohol or drugs, their reaction time and their decision making ability may be affected.
- A part on the boat is defective and malfunctions, causing the operator to lose control of the boat and crash with another boat, flip, or run into a hard obstacle. If the throttle sticks, the gear shift malfunctions, the steering wheel disengages from its mount, or another vital part causes the operator to have an accident, the manufacturer could be held liable.
- A boat operator is under the influence of drugs or alcohol and collides with another boat or object. If you were a passenger on their boat, or you were on the other boat, the negligent boater might be liable for your injuries.
- A boat and trailer hits you because the driver was backing up their boat and vehicle and did not see someone who was on foot or was in their boat at the dock or launch. The trailer or its tow vehicle runs over the person on foot or causes them to slip and fall in the water from their boat.
- A boat trailer hitch is defective and separates from its tow vehicle that is driving at highway speed. The trailer collided with one or more vehicles that were following behind it.
If you would like to speak with a lawyer who handles injury cases involving boating accidents, request a consultation now.
May 10, 2021
Car accident cases are one of the most popular types of personal injury cases. There are a wide range of injuries someone could sustain from being in an automobile accident. Regardless of what you are facing, be sure to hire an experienced car accident attorney, like one from Ward & Ward Law Firm, to help you with every step of your case.
Some of the Most Common Injuries
There are many different things that can happen in a car accident. Some of the most common injuries that are painful but not life threatening include whiplash, strained muscles, broken bones, or bruises. There are also more serious injuries that can occur, such as traumatic brain injuries from a head being jostled too hard or hitting the seat or dashboard, or major loss of blood from a bad accident. Regardless of the severity of your injuries, you deserve to be compensated for the time, money, and energy you are putting into recovering from the accident. This is why it is important to speak with an attorney who knows the personal injury laws in your state.
Meeting the Statute of Limitations
It is crucial to speak with a car accident attorney who knows the laws well so that you do not miss any important filing deadlines. The reason for this is that if you miss the statute for filing, you will not be able to seek any sort of compensation anymore. Your attorney will make sure you have all of the necessary documents and speak with the correct people to keep your case going while you focus on recovering from the accident.
Types of Compensation
Your car accident attorney will also know what kind of compensation you may be eligible for and how much would be fair to accept in a settlement. He or she will be able to give you advice on whether or not you should settle, but ultimately the choice will be up to you. Your attorney will be able to calculate things you may not think of — such as future medical costs that your injuries may require and lost wages due to missed work — and will have the experience to know what strategies typically work in court for a car accident case. Some of the most common things people seek compensation for include:
- Past, present, and future medical bills
- Property damages, such as a destroyed car or personal property that was inside the vehicle
- Damages for pain and suffering or emotional trauma
You can really file for anything that the accident has made you pay for — physically, economically, or emotionally. An attorney will be able to give you more information about this.
Contact an Attorney Today
Don’t hesitate to reach out to a car accident attorney in your area today. You can set up a consultation to go over your case, the costs associated with it, and what benefits an attorney could offer to you. Do not delay, though. You want to build a solid case early on so that you have a better chance of winning in court.
May 2, 2021
Dealing with a diagnosis is never easy, but what happens if it is because of a medical mistake? Medical malpractice is a branch of civil law that handles negligent acts committed by medical providers and facilities. Who is subject to a medical malpractice lawsuit? Discover the answer to that and more.
Doctors are responsible for all aspects of a patient’s care. They must follow the proper protocols when examining, diagnosing and treating. While there are always advancements in medicine that doctors are free to use, some things are not recognized as reasonable for patient care. Since so much expectation and responsibility falls to doctors, it is not a surprise that they are the primary people who commit malpractice. When a doctor’s actions rise to negligence, it means they have gone against the duty of care in dealing with their patient. It means they have failed to act when they should or acted in a manner that is not accepted by others in the same profession. A doctor may commit malpractice at any point in the care of a patient.
Nurses are charged with following the doctor’s orders in caring for patients. They are the second-in-command when it comes to patient administration. As such, nurses must abide by many of the same principles as physicians. A nurse may be found guilty of medical malpractice for a variety of reasons. In a hospital setting, it may be due to a disregard for a doctor’s orders. In a clinic or private practice, it may be for calling in a prescription for medication that the patient is allergic to. Nurses in elder care are brought under scrutiny for not carefully tending to patients’ skin and allowing bedsores to develop.
Hospitals and Clinics
Doctors and nurses often work for hospitals or clinics. Therefore, when a provider is charged with medical malpractice, a similar charge against the place they worked often follows. In some instances, a hospital may know that a physician is not caring for patients properly and chooses to ignore it. There may be a lax way of handling directives, such as those for charting. Hospitals can get in trouble if they allow nurses to work too many hours without rest. By not giving the proper breaks and days off, the hospital may be contributing to the negligent behavior.
Regardless of the cause, medical negligence often leaves a patient in worse condition and may contribute to an early death. Speaking with a medical malpractice lawyer such as Wieand Law Firm LLC in a time of need may help shine a light on the action that lies ahead.
May 1, 2021
Life is full of uncertainties. In the words of the late John Lennon, whose life was unexpectedly cut short, “Life is what happens when we are making other plans.” One type of unplanned, unwanted event that befalls many individuals is a car accident.
Regardless of who is at fault in a crash, it is extremely common for every person involved to experience frustration and anger. Many people develop clinical depression after an accident. It is estimated that about one in ten accident survivors actually develops Post Traumatic Stress Syndrome. Regardless of the severity of your condition, depression resulting from an auto accident can last weeks or months. As a car accident lawyer from a firm like Greenspan & Greenspan P.C. can explain, when you’re involved in a car wreck, you enter unfamiliar territory and you feel very much alone.
Help for Victims of Accidents
The good news is that you are not alone. One of the best sources of strength, information and assistance following an accident is an attorney who specializes in dealing with these car crashes. If you were the victim of another person’s negligence or misjudgment behind the wheel, an experienced lawyer will be able to explain how the traffic and liability laws are designed to care for you, restore your property and compensate you financially for the pain and suffering you have endured.
Help for Those Who Fear They Are Responsible
Of course, you may also be weighed down by feelings of dread, especially if you think the accident was your responsibility. On such occasions, a car accident attorney is extremely helpful as well. A well-versed lawyer will be able to:
- Explain the limits of your liability. Laws are written to preserve equity, not to persecute.
- Help you to put forward your wisest case. There may be surprising options open to you.
- Prepare you for any eventuality resulting from the accident.
An attorney’s advice can serve as a road map confidently leading you toward recuperation from the crash and its aftermath.
Help From Professionals
To be sure, one of the harshest and most frightening of life’s unexpected twists is an automobile accident. Whatever your part in a crash may have been, you will benefit from the confident counsel of professionals who understand all the nuances and clauses of insurance policies and traffic laws. The priority of an attorney who specializes in car accidents is to represent you without hesitation or judgment as you move through your recovery. Should you experience the misfortune of a car accident, you should seek help from a caring legal professional.
May 1, 2021
Personal Injury Lawyer
Assumption of risk is an affirmative defense within the law of torts that a defendant can raise in a negligence action. It refers to a legal doctrine in which an individual is barred from recovering damages involving an injury when the individual willingly presents themselves to a known danger. Plaintiffs within a case cannot seek damages if the plaintiff knew the condition that the individual was placing oneself in and has given full consent to do so, taking a risk regardless of the underlying knowledge of injury. This is primarily raised in premise liability cases, such as entering in an area that contains signs in which the risk of bodily harm and criminal consequences are shown.
The defendant must display certain aspects to use the assumption of risk defense successfully. First, the plaintiff had to have knowledge of the risks involving the action. Additionally, the plaintiff would have willingly accepted the risk, particularly through agreement or implied with words or action. The premise behind this concept, incorporating these two aspects, would make it so the defendant does not owe any legal duty to the plaintiff, meaning the duty element of negligence is not met, and ultimately making it so the plaintiff cannot recover for injuries caused by either risks inherent to the situation or the dangers brought about through defendant’s negligence.
It is the burden of the defendant to discover proof when it comes to determining an assumption of risk defense, being responsible for showing that the danger was vividly apparent, or the conduct was fundamentally dangerous. Following the standard of proof is the preponderance of the evidence, demonstrating that it is more likely than unlikely to be true.
Express Assumption of Risk and Implied Assumption of Risk
Express assumption of risk and implied assumption of risk are two contentions that align with the notion of known-hazardous conditions and willingness to participate in the dangerous action.
According to Nevada Jury Instruction 4.17, an express assumption of risk is defined as the plaintiff assuming the risk of injury by specifically agreeing with the defendant that the plaintiff would not hold the defendant responsible if an injury should be caused by the known risk. It is conducted before an event occurred in which the plaintiff was injured because of a known risk, explicitly accepting the risk, and therefore, making it so the plaintiff may not recover damages from the defendant for that injury. For example, written agreements such as waivers fall under this category. The responsibility of the jury when presented with the facts is to review the relevant documents that they will examine to reach a verdict.
Contrasting with express assumption of risk, implied assumption of risk is inferred through words and conduct. Plaintiff would have had to have a complete understanding of the possible harm that could present itself, consenting to the risks under those circumstances. Implied assumption of risk is more abstract when rendering a decision, thus making it harder to determine if the assumption of risk is prevalent. The jury would have to examine the existing facts and circumstances of the situation, making it more difficult for the defendant to clearly and distinctly reveal that the plaintiff knew the risks prior to the action.
When it comes to personal injury cases and the assumption of risk, it may be useful to consult with an experienced personal injury lawyer such as Eglet Adams. The details of these cases are sometimes abstract and difficult to do without the help of good legal counsel.