Medication Errors a Form of Negligence

Medication errors are not common, particularly at nursing homes. However, when they do occur, it can be confusing to decide what legal option to take; can you make the nursing home liable? Are you filing for a medical malpractice claim or a personal injury claim? One of ways to determine which claim to file is to see if there is medical negligence.

Courts often define medical negligence as failure on the medical health care provider’s part to practice and provide the degree of care and skill required from them in accordance to their specialty. Also taken into account are the advances in the medical profession and the resources that are available to the nursing home facility. Medical negligence through medication errors are very easy to commit. According to the website of Hach & Rose, LLP, a medication error can occur through the administration of the wrong medication or from the wrongful dosage of the needed medication.

Other causes of medication errors are when the prescription negatively affects the patient’s diet or other medication that they are taking. Mislabeled medication is also a problem that causes medication errors, along with misinformation or withheld allergies and other taken medications. The effects of these medication errors on nursing home residents can vary from nominal to fatal. Suspecting a medication error administered to your loved one should immediately prompt you to contact a physician in order to straighten out the situation.

A Massachusetts personal injury lawyer would probably tell you that medication errors are often visible through medical records, so obtaining such evidence can be crucial. If there is evidence of medical errors that caused injury to the patient, then the victim or the family of the victim can file for an injury claim or medical malpractice lawsuit.

SR-22 Certificate Required in Some Circumstances

The fines and penalties for road accidents and insurance policies vary from state to state, thus in the US it is important to not only to be acquainted with the laws of your state but also to understand how these laws would affect your insurance policies and driving privileges. Auto car insurance is required by law, as they are a great investment and protection for you and other people from accidents that can occur in the future. It makes you financially responsible and capable of covering for damages that occurred due to unforeseen accidents.

However, for those who have been caught with multiple traffic violations (such as reckless driving, DUI/DWI, and driving without insurance) that resulted in a suspension of their driver’s license, the court may require them to carry SR-22. The Illinois SR-22 is a type of document or certification used to verify that the driver is carrying insurance. Under Section 3-707 of Illinois’ Vehicle Code, anyone who is required to carry the SR-22 will receive it through the Office of the Secretary of State. The driver would have to contact their insurance company (that are licensed and listed in the State of Illinois) and they will be the one who will receive payment. The insurance company will also be the one who will refer the request for SR-22 certificate, which is directly sent to the Secretary of State. After acceptance, a letter from the Secretary of State and a copy of the SR-22 from the insurance company will be given to the applicant.

It is imperative that the SR-22 have to be carried for three years, as cancellation of insurance premium can only lead to the suspension of driver’s license. If you have file an application for SR-22 only after you have received a notice form the Secretary of State. After receiving the notice, you are given 90 days to file for SR-22 or risk getting your driver’s license suspended. The main reason for people to be required of SR-22 is when they commit or qualify for a mandatory insurance offense, such as traffic violations. Despite the benefits of having SR-22, it can still negatively impact your insurance premiums, making them be more expensive. It is therefore always better to drive safe and obey traffic rules to avoid committing violations.

Take Care not to Get Hurt on Cruise Vacations

Cruise ships may offer time off from the busy and hectic work life, but it still comes with the risks of being involved in accidents. Despite safety precautions and procedures that the cruise ship and their staff maintain, accidents are still unavoidable, and through the years reports about such unfortunate incidents have been increasing. Some of the most commonly reported accidents or incidents reported while on a cruise ship are food poisoning, drowning accidents, slip and fall accidents, and even physical assault cases. Often, the liable parties are the cruise ship liner and their staff for either failing to uphold their responsibility of ensuring the safety of their passengers or their reckless actions that lead to the passenger’s injuries.

The liabilities of the cruise line are evident if the accident occurred onboard the ship, but the responsibility can be different when the accident occurred during an on-shore excursion. Being injured on a cruise ship excursion can lead to serious and even life-threatening injuries. A great majority of these cases often involve several different liable parties, and a thorough investigation is necessary in order for all of these at-fault parties to be held responsible for the accident and injuries.

It is important to know that even if the accident did not occur of the cruise ship, the company is still liable because they have the responsibility to inform and warn their passengers about the dangers that they might encounter when disembarking in a port. Avoiding responsibility through the cruise waivers are one way that cruise ship transfer the blame to the victim, which they would argue as releasing them from any liability. They may furthermore state that contractor supervising the shore excursion in an independent contractor that does not have legal ties with the cruise ship company, thus cleaning them of any responsibility. Regardless of what the waiver states, if the accident was caused by negligence or recklessness, then the party or parties involved should be held accountable for their actions.

Evidence and Compensation in Personal Injury Claims

Personal injury claims are generally filed in order to get compensation from the person at fault for an accident. This compensation is used to pay for damages that the victim has suffered because of the accident. There are ways that insurance companies compute compensation for damages, and some things they highly consider are the type of injury and the nature of the medical treatment. These factors can help them specify the extent of the pain and suffering that you (the victim) have experienced.

According to the website of Habush Habush & Rottier S.C. ®, providing proof of pain and suffering is the best way to estimate the amount of compensation that can be awarded to you. Documentation and evidence are the key to creating proof: medical records, photographs, and notations will demonstrate the degree of the damages that the accident caused. These documentations should be done thoroughly so that negotiations and explanations to the insurance adjuster are easier and more coherent. In courts, jury or judges often choose to see concrete evidence of pain and suffering to be able to grant compensation to the victim.

Being prescribed medications for handling the pain caused by the injuries are strong indicators that the physician considered the injury significant enough to warrant pain medications. The website of Williams Kherkher further emphasizes the importance of keeping up with medical checkups and scheduling appointments because they prove that the injury needed continuous medical attention and that the injuries sustained was ongoing.

However, long-term or permanent injuries may be more difficult to compensate since it is impossible to get complete “recovery.” According to the website of Abel Law, in these instances, insurance companies who wind up having to pay compensation view long recovery periods as having higher compensation pay. Since memories and details about the accident and subsequent treatment can fade quickly, having proof of pain and suffering through detailed documentation would be vital to your injury claim.

Experiencing a Chapter 11 Bankruptcy

Those who choose to file for Chapter 11 bankruptcy are often small businesses or partnerships that have fallen into financial distress and choose to reorganize or restructure their finances in order to keep the business operating and provide payment to their creditors. Filing for a Chapter 11 starts with a petition filed in the bankruptcy court. This type of bankruptcy is often filed voluntarily, with the debtor taking the action to relieve the bankruptcy problem but instances where the creditors gather and involuntarily file a Chapter 11 bankruptcy against the debtor can also happen. The petition should be filed to the bankruptcy court where the business is based and will be under the rules of that specific state it is registered to.

Although Chapter 11 bankruptcy is also open for big business and corporations, majority of those who file them are small businesses, LLCs, and corporations. There are pros and cons to choosing Chapter 11 bankruptcy; it provides time for the debtor to balance their income and expenses to recover profits and be able to continue their operation. However, Chapter 11 can also be risky, expensive, and time consuming for small businesses and individual business owners. According to the website of the Plano bankruptcy lawyers at Gagnon, Peacock & Vereeke, P.C., small businesses can avail of special provisions which could help them hasten the process and lower legal expenses.

In order to understand how these special provisions can help them through their bankruptcy would require the help of a bankruptcy lawyer adept in specific laws of your state. No disclosure statement is just one of the many special provisions that small business can avail through Chapter 11, allowing quicker reorganization process and scale down legal costs and other expenses. Likewise, small businesses are also given longer exclusive period for a proposed plan, extending up to 180 days compared with big businesses that only have 120 days for the liquidation of their business and assets. These, and other provisions, can be applied to small businesses that go through Chapter 11 bankruptcy.