Tips For Hiring a Medical Malpractice Lawyer

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The American dream of liberty and justice for all. It is a beautiful idea planned out centuries ago by the founding fathers. Their system, everyone’s right to a fair trial with a judge and a jury of their peers, is a system still practiced today. While the cases have changed and evolved through the years, the outfit of the system has not. Despite this being an age old system, it can still be difficult to navigate. When you are not a lawyer or a judge, you do not spend much time within the justice system. If you are looking for medical malpractice lawyers and are not exactly sure where to start, these tricks of the trade should help you when it comes to choosing any lawyer.

Ask About

You would never purchase a new car or a washing machine without doing your research, so why wouldn’t you research a lawyer? Asking around to friends and family about lawyers or law firms that they have worked with in the past. Ask about the kinds of cases they dealt with and what their experiences with those lawyers and firms were like. If none of your friends or family has dealt with the justice system, online forums can be helpful as well. Search for local forums that discuss lawyers in cases similar to your own.

Do Your Research

Merely hearing stories of others’ experiences with certain lawyers and firms will not get you all the information that you need before hiring on a lawyer. Look up any lawyers that you have an interest in on their websites. A lawyer’s web page should let you know the basic information surrounding the lawyer such as their contact information, their credentials, what types of cases they tend to take, their rates, and the like. With this information, you can narrow your potential attorneys to a mere few before taking the plunge into a final decision. When it comes to your budget, many lawyers will be flexible with a pay plan that will work for you.

Book a Consultation

Many lawyers offer free consultations, but even if the lawyers that you have your eye on charge a fee, book yourself a consultation. A face to face meeting will give you an idea of how you might work with this lawyer, whether you feel comfortable around him or her, and will let you see if they seem truly passionate about your case. You cannot learn all that from a phone call or website! This is also an opportunity to discuss your budget, learn about the evidence you may need to build your case, and learn that lawyer’s communication policies and any other policies he or she may have. Your case is in your hands, pick the best lawyer for your team!

October 18, 2017 · Editorial Team · Comments Closed
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Darrell Baker (A Protected Party by his Litigation Friend Kerry Baker) v British Gas Services and J&L Electrics (Lye) Limited [2017] EWHC 2302 (QB)

The Claimant, an electrician, brought a claim for personal injuries arising out of an electric shock he sustained while repairing a light fitting. As a result of the shock he suffered a cardiac arrest and fell from a height, suffering a severe brain injury. The trial on liability centred on how the defect arose, and therefore if either Defendant was liable. D2 installed the wiring in 2004 and D1 was responsible for its maintenance and inspection (and was the Claimant’s employer). The Judge found the ballast in the light fitting was original; the light fitting itself had not been removed; and, there was no likely explanation for the junction box to have been rewired. On the balance of probabilities the Judge was thus satisfied the fault arose at the time of installation. D2 was therefore liable. D1 carried out periodic inspections in 2009 and 2010 and failed to identify the fault. That was negligent, notwithstanding TUPE transfer issues that arose in the intervening period. The Judge found no contributory negligence attached to the Claimant. Although the experts agreed use of a volt stick would have been appropriate in the circumstances, his employers did not require him to use one. Therefore he was not acting in an unreasonable or unsafe manner. It was agreed that if the Judge found that D2 were responsible for the original wiring error, they would bear a greater share of liability. In the circumstances the Judge apportioned liability 25% to D1 and 75% to D2.

October 16, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Top 5 Workplace Injuries

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The safety of workers is very important in every workplace. Workers dedicate their time and energy to ensuring the success of the organizations they work for and it is only fair that the organizations provide them with a safe environment to carry out their duties. A failure to do this carries serious legal consequences and to avoid them, organizations have gone the extra mile to make their offices and workstations safe for doing business. This has reduced the accidents in most workplaces and workers are able to go about their assignments in peace. This, however, doesn’t mean that accidents are non-existent at the workplace. They still happen and cause injury and harm to the workers as they are going about their duties. Off all the injuries that are common in the workplace, here are the top 5.

  1.      Slips and falls.

Slips and falls are very common in the workplace. They are caused by among other things slippery floors, poorly arranged office furniture and torn carpets. A lack of concentration as workers go about their duties also results in slip and fall injuries. To prevent slip and fall injuries, office workers should put up appropriate signs when cleaning the office. Furniture in the office should also be arranged properly and the torn carpets replaced appropriately. If you slip, trip or fall and get injured at the workplace, your supervisor should help you get the workers compensation that is due to you as a result of the injury. To hasten the process, you should find a great slip and fall lawyer to help you with your case.

  1.      Muscle strains.

Workers strain their muscles when they overstretch as they are reaching for something in the office. They also strain their back and neck muscles when they sit on their desk for the entire day doing computer work. Lifting heavy items also cause muscle strains and even tears. To prevent such injuries, workers are advised to learn the best techniques for handling heavy loads. Those who work in cubicles should also take regular breaks and stretch their muscles.

  1.      Falling objects.

Falling objects cause a lot of injuries at the workplace. It could be books falling from a shelf or even the entire shelf falling on you. Falling objects inflict a lot of pain and could result in external and internal injuries. Workers are advised to set up their stations away from falling objects and shelves. The shelves should also be fastened appropriately to effectively hold the items placed on them.

  1.      Cuts and bruises.

Chefs and other professionals working in the service industry are at risk of these injuries. Kitchenware such as knives can cut and injure an individual when they are not handled or stored appropriately. To avoid such injuries, workers should store sharp items properly when they are not in use.

  1.      Toxic fumes.

Inhaling toxic fumes causes respiratory challenges when it is allowed to go on for a long period of time. Employers should provide their workers with the protection gear such as gloves and dust masks to prevent them from inhaling toxic fumes from chemicals.

October 13, 2017 · Editorial Team · Comments Closed
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Common construction worker injuries

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All jobs come with some risk. However, construction workers face more risk than most. Every day that they show up to work, there is a chance of injury. And although most employers try to prevent workplace injuries, it’s impossible to guarantee that incidents don’t occur. Find out what are the most common risks for construction workers.

The Dangers of Construction

OSHA has designed many safety nets for construction workers. They make sure that employers provide all the necessary training and equipment necessary to ensure the safety of their workers. However, not all employers follow through. And even when they do, accidents can happen. You might find yourself in the middle of a worker’s compensation incident. Here are some of the most common injuries that construction workers encounter.

  1. The collapse of a trench

Working in a trench is risky business. There are many things that can go wrong and cause a trench to collapse. When a collapse occurs, the results can be devastating. A worker can have a limited air supply which could result in brain damage. The collapse could also result in crush injuries. Often, crush injuries result in long-term consequences. You might find yourself unable to work a physical job because of your injuries. In extreme situations, the collapse could result in death.

If there is a trench collapse, you deserve compensation. It’s a terrifying incident with extreme consequences. You should contact a lawyer to file for worker’s compensation.

  1. Falling from high places

Often, construction workers find themselves working in a high place. You might be on top of a billboard, on a ladder, or on the roof of a tall building. No matter where you are, there is a chance of falling. There are many precautions that you can take while you’re working up high. With the proper safety equipment, you could limit your chance of injury. However, it’s possible that the equipment will fail or an unforeseeable event will occur. You could fall, and the results could leave you with a serious injury.

The most common falls in construction come from falls off of scaffolding, machinery, or buildings. I scaffolding falls, the equipment is usually to blame.

  1. Repetitive motion injuries

When you perform the same motion over and over again, you put your body at risk. Over time, your muscles and soft tissues become damaged. Those muscles and tissues are usually in body parts that you need for mobility. When you injure them, you could be unable to get around. You may find yourself unable to work and in need of a costly surgery. This could leave you with a pile of debt.

Handling Your Worker’s Comp Claim

If you suffer from any injury on the job site, you may be eligible for worker’s compensation. The only way for you to determine your eligibility is to speak to a lawyer. As a construction worker, you have a dangerous job. But that doesn’t mean that you deserve to pay for medical bills that you incur on the job site. Don’t hesitate to call a lawyer for help. You may be able to get compensation for your construction injury.

October 12, 2017 · Editorial Team · Comments Closed
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Injuries at the Workplace: Who’s Responsible?

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Injuries and accidents happen every time. They happen at the office and at home. They happen when you are driving and even when you are taking a walk at the park. Injuries and accidents are unfortunate events that are sometimes beyond our control. Accidents, however, don’t always follow this beyond-our-control pattern with some of them resulting from negligence and/or carelessness. When this happens, then it is only fair that the negligent party is held responsible for the harm or injury suffered by another person. The law recognizes this and holds individuals and organizations culpable for their actions or inactions that result in injury or harm to another party.

The workplace is one area where accidents are common with there being debate as to who should be responsible for the accidents at the workplace. Sometimes an employee is responsible for the injuries or harm suffered at the workplace and when this happens employers are usually quick to wash their hands of the incident. But is this what the law requires of employers? Definitely not. Employees are the employers’ responsibility when they are in the workplace and it is up to them to ensure that the employees are safe and secure in their work environment. This entails protecting the employees from injury and harm when they are on company time. When the employer neglects on this duty either knowingly or anything unknowingly, then he or she will be held responsible for the injuries or harm suffered by the employees as a result of this. On the issue of company time, it should be noted that company time is not limited to the amount of time workers spend in the office or at their workstations. Company time also entails training sessions away from the office, company retreats and even when workers travel away from their stations for work. When accidents happen in any of these scenarios, the employer is legally responsible. Workers who feel that their employers are slow or reluctant to take up for responsibility for accidents at the workplace can seek legal aid from professional lawyers. Read more here on how professional lawyers can help you file a lawsuit to seek the help of the court to compel your employer to take responsibility for the injury or harm suffered as you were discharging your employee duties and obligations.

Legal liability.

The employer is only responsible for injuries or harm suffered by employees at the workplace as a result of negligence and/or carelessness on his or her part. If an employee gets injured at the workplace as a result of substance abuse or when he or she is in the process of committing a crime, the employer is not responsible for the injuries or harm suffered by the employee. The employer, however, is required to make sure that the injured employee gets the needed medical attention and treatment as per the Occupational Safety and Health Act of 1970. Employers are also required to purchase insurance for their workers and they should help them get compensated for injuries or harm suffered at the workplace by cooperating with the insurers as they are investigating the claim.

October 9, 2017 · Editorial Team · Comments Closed
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Understanding the Difference Between Birth Traumas, Birthing Injuries, and Birth Defects

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Injuries caused to newborn children through negligence or malpractice are relatively uncommon in the Western world but are something which still occurs far too often. Knowing what and how these tragic events can unfold can help to spot the danger-signs and hopefully prevent anything more serious from taking place.

Birth Defects

Estimates place the number of babies born with some form of defect in modern America to be at a level of around 7%. This includes everything from the smallest irregularity to more concerning issues.

Birth defects are naturally occurring problems which affect an infant’s health and well-being. These could be due to either a hereditary, genetic, prenatal conditions or possibly a combination of different factors.

While the vast majority of these disorders are detected prior to the delivery during prenatal checkups, it’s not unusual for them to go undiscovered until after childbirth as some conditions are much harder to detect. For instance, around 70% of children born with major heart problems are not diagnosed until after they’re born.

Birth Injury

A birthing injury is quite literally as it sounds. An injury received to a new baby which is the direct result of an event that takes place either during labor or within a short time of the delivery.

Many of the birth injuries which occur are unavoidable incidents. This can be for a number of different reasons, most of which are connected to complications arising during labor. What is more worrying, is the fact that more injuries transpire due to human error than natural causes.

Disturbingly, the largest single cause of birthing industries in America is due to a lack of communication between the medical team overseeing the delivery. This includes vital information not being imparted, misunderstandings between team members and even misdiagnosis and errors in administering medication.

Birth Trauma

Similar to birth injuries, BT is an inclusive term used to define all injuries great or small, although, birth traumas often have more serious consequences. While birth trauma is technically and legally a type of birthing injury, they are specifically an injury which affects the child’s organs or causes muscular damage. This typically is a result of forceful movements or excessive pressure being applied.

Another common birthing trauma is when the baby receives a lack of oxygen during delivery. While pressure accidentally placed on the umbilical cord can cause a break in the flow of oxygen supply to the baby, a more common reason is when the umbilical cord becomes entangled around the baby’s neck. Such events can cause serious repercussions with the brain being starved of oxygen. This can commonly lead to a neurological disorder such as Cerebral Palsy.

If your family has recently been affected by negligent medical treatment in such a way, a Colleran birth injury lawyer offers premium expertise and assistance throughout the Philadelphia PA area. Speaking to them today can help clarify your thoughts on how to proceed and take a step closer to a brighter tomorrow.

September 26, 2017 · Editorial Team · Comments Closed
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Five steps to building the foundations of a successful PI lawsuit in St. Louis

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Personal injury lawsuits are an all-too-common feature of modern life. Covering a vast range of different injuries and accident scenarios, each case has its own unique set of features which makes it distinctive. If you’ve been injured in any type of accident where the fault can clearly be traced to a specific individual, business or organization, you will have the embryo of a successful legal case.

Although many people choose to use a respectable PI attorney St. Louis can provide for, smaller claims are often made without the need for legal representation. If you choose to hire an attorney or not, you will still require knowledge of the general process to ensure you do everything possible to achieve a successful outcome.

1. Report the incident

Before leaving the scene of any accident you should always report the event to any relevant parties.

Depending upon the location and the scale of the incident, this could be the police, the person in charge of the area, your insurance company or a legal professional if you wish to take this avenue. It’s also prudent not to provide any direct statements or admission to any form of guilt at this stage as this could later be used against your case.

2. Keep a personal log of events

One vital step which most people ignore is to keep a diary containing all useful information connected to the accident.

This should include as many details of the actual accident including the date, time and weather conditions, where appropriate. You should then continue to add to this document any relevant information including physical and emotional effects suffered as well as dates and times of medical examinations, meetings with legal representatives and any contact with the defendant.

3. Collect and maintain any evidence

Ideally, before you leave the scene of the accident, try to collect as much primary information to substantiate your claims.

This can include personal details and statements from any witnesses to the event and photographs, video footage or sketches of the area the accident occurred. If there was any particular hazard which contributed significantly to the accident, you should try to gather as much detail as possible, taking multiple photographs from various viewpoints if possible.

4. Seek medical attention and a copy of any records

After leaving the location in which the accident took place, you should seek medical attention at the first possible opportunity.

This is primarily for your own personal safety and well-being, ensuring that any ailments you have incurred have been identified and attended to by a trained professional. Any medical records produced from such a visit can then be used as evidence, however, your first thoughts should be towards ensuring you are able to move forward in your life in the best condition possible.

5. Assemble relevant information and begin filing a complaint

Further documents such as copies of police reports and witness testimonials can then be collected at a later date.

Using all of the available information at your disposal, you can then carefully proceed in forming the complaint against the responsible party, using all of the collected information to prove their liability and negligence was the root cause of the accident which caused you actual physical harm.

September 26, 2017 · Editorial Team · Comments Closed
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Woodburn v Thomas – Sen Cts Costs Office (Master McCloud) 11/08/2017

The court provided guidance on drafting bills of costs in details assessments in cases subject to the CPR Part 3 costs budgeting regime.

The bill of costs specified costs claimed on a phase-by-phase basis, each phase matching those set out in Precedent H forms. The costs lawyer set out in the CMC phase of the bill all the CMC costs which did not relate to costs budgeting. He provided a separate “non-phase” part of the bill in which all the costs relating to costs budgeting and costs management were set out. It followed that the bill’s CMC phase excluded some items of costs which related to budgeting which were required to be included in the Precedent H by the PD and the Precedent H Guidance Note.

The defendant paying party submitted that the “non-phase” costs were costs which had actually been budgeted in the CMC phase of the Precedent H and should have appeared in that part of the bill. The claimant receiving party contended that it was correct to have separated out the costs of costs budgeting in line with P v Cardiff and Vale University Local Health Board (unreported) and that the costs for every item appeared only once and were not duplicated.

September 25, 2017 · Editorial Team · Comments Closed
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Redman v Zurich Insurance PLC and ESJS1 LTD [2017] EWHC 1919 (QB)

The Claimant brought a claim under the Third Parties (Rights Against Insurers) Act 2010 alleging that her husband’s death had been caused by asbestos exposure whilst he was employed by the 2nd Defendant. Her husband had died on 5th November 2013. The Second Defendant was voluntarily wound up on 30th January 2014 and was dissolved on 30th June 2016.

The First Defendant applied for the claim to be struck out. The following issues were raised: (1) whether the Third Parties (Rights Against Insurers) Act 1930 or the 2010 Act applied; (2) if the 1930 Act applied, did this preclude retrospective but parallel application of the 2010 Act to claims which hitherto had fallen within the scope of the earlier Act?



• The Claimant accepted that the 1930 Act applied. Liability was incurred when the damage was caused and Schedule 3 to the 2010 Act provided that the 1930 Act continued to apply where some had incurred a liability against which they were insured, and had become insolvent, before 1st August 2016.
• Parallel operation of the two acts would be inconsistent with s.1 and Sch.3 of the 2010 Act. Moreover, the later Act contained transitional provisions which would be unnecessary if the two operated in parallel. Parliament, had it intended to do so, could have drafted relatively straightforward legislation if it intended all third party claims against insurers to be covered by the 2010 Act.

August 25, 2017 · Editorial Team · Comments Closed
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Texting While Driving is One of the Main Causes of Traffic Accidents

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Text messaging, i.e., texting, is very popular among drivers in the United States. The problem is that those people prefer texting while driving. This is especially true for drivers under 20 years of age. Young drivers make up about 27% of the participants in the fatal traffic accidents. It’s estimated that more than 650,000 drivers use electronic devices, including mobile phones, every second during daylight hours.

The combination of driving and texting is one of the main causes of traffic accidents. This way almost 500,000 people are killed or injured in traffic collisions each year in the United States. Though this happens all around the world, the U.S. is the leading country in this issue. Even 69% of Americans have stated that they often use their phone while driving. This is much more common case compared European countries. For example, 29 percent of people use the cell phone while driving in the United Kingdom.

There are a lot of debates regarding the driver distraction and cell phones. The laws and regulations are not the same for all states when it comes to this problem. Thus, some laws only refer to commercial drivers or novice drivers, whereas other regulations target all drivers. Likewise, some laws only apply to handheld electric devices, whereas others affect both hands-free and handheld devices. Here’s how some states ban the use of cell phone in traffic:

  • All cell phone ban – To date, no U.S. state prohibits all drivers from using mobile phones. However, 38 states plus D.C. have banned all cell phone use for teenage or novice drivers, while 21 states ban any use of the cellular phone for school bus drivers.
  • Handheld cellular phone use ban – A total of 14 states, as well as the U.S. Virgin Islands, Puerto Rico, and Guam ban the use of hand-held mobile phones for all drivers.
  • Texting ban – Even 47 U.S. states, as well as the U.S. Virgin Islands, Puerto Rico, and Guam ban texting for all drivers. The text messaging is prohibited for all teen and novice drivers in Missouri.

Strict laws present the best way to change bad driving behavior if enforced regularly. This approach has been giving good results in different traffic aspects. It has increased the use of seat belt and decreased alcohol-impaired driving. Ultimately, strong laws have significantly reduced crash deaths.

The distracted driving (or laws regulating driving) is subject to either primary or secondary enforcement by local authorities, county or state. The state-level laws related to cell phone use while driving is the primary enforcement type. This means the police officers can cite the drivers for handheld cell phone use no matter they didn’t make any other traffic violation. The novice drivers could be an exception in some cases. When it comes to the secondary enforcement, the officers can only cite or stop the drivers for the use of cell phones if they have committed another primary traffic offense (like failure to stop or speeding) simultaneously.

In addition to laws and regulations, it’s important to influence people to change their mind about cell phone use while driving. If we manage to reduce text messaging in traffic, that will also reduce the risks of accidents on American roads. This is going to be one of the biggest challenges for law enforcement authorities in the coming years.


August 15, 2017 · Editorial Team · Comments Closed
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