The Difference Between Medical Malpractice And Medical Negligence

Medical malpractice and medical negligence are two terms that are commonly used in legal circles. Most clients don’t know the subtle difference between these two terms and they use the terms interchangeably. But medical malpractice and negligence are two different situations. This article provides information on the difference between medical malpractice and medical negligence.

Medical negligence is a situation where a health care provider fails to exercise proper care that a reasonably prudent individual would exercise in such situations. It is defined in law as harm caused by carelessness which was not intentional. On the other hand, medical malpractice is defined as a situation where a doctor fails to provide his/her service as per the standards set by a governing body in the field which could subsequently result in causing harm to the plaintiff.

Medical malpractice and medical negligence cases are filed in civil courts in order to get compensation for the mental and physical injuries caused to the individual. Medical malpractice and negligence cases are hard to prove most of the time. A clear causal relationship should be established between the injuries caused to the individual and the negligent act in order to win a favorable judgment. There are four major elements to proving a negligence or malpractice case.

The first element is the duty part where the defendant had a duty to the plaintiff. Breach is the second element where the defendant breached his/her duties. Causation is the third element where the harm caused to the person was a direct result of the breach of duty. The final element is damage where the damages sought need to be directly related to the harm caused.

Nursing Home Abuse and How To Detect It

A nursing home abuse is any form of criminal offense that deprives the residents of nursing homes of their freedom or misappropriation of funds and neglect.

To detect nursing home abuse in your loved ones, here are a few types of mistreatment that can happen in an elderly care facility as well as how to spot them.

Physical Abuse

This is the easiest to detect. It is legally defined as any unnecessary or non-accidental act of force against the elderly. It also includes overdosing the patient and even neglect of ideal care. Scratches, swelling, unexplained bruises or any other body markings may be signs of a patient being abused. Noticeable gauntness, fatigue, and muscle atrophy are other signs that you should be on the look for.

Financial exploitation

This is perhaps the most common type of abuse in senior care facilities. Since the elderly are so reliable to the caregivers, they become vulnerable to identity theft, healthcare fraud, credit card fraud and other types of scams.

You can protect the finances of your loved ones by limiting the facility’s accessibility to bank account information unless authorized by you.

Emotional Abuse

This one may not be as obvious as physical violence, but it can be very detrimental to the well-being of a loved one. Emotional abuse happens when the abuser intentionally causes the patient to experience anxiety or stress. Shouting, isolating the patient, using threatening language and verbal ridicule are all signs of emotional abuse.

Since the harm caused by emotional abuse is not physical, it can be hard to detect. A few ways to tell if your loved one is experiencing this form of abuse is if they seem to act differently than usual, the caregiver is never in the room when you visit or seem to be intentionally isolating themselves.

What You Need To Know About Premises Liability

When it comes to the laws involved in personal injuries, premises liability cases involves injuries that have resulted by the owner of a property who has failed to maintain her or his property or warn their guests of potential hazards. Some of the more common cases for premises liability will include fall and slip cases, an assault that has occurred due to the fact that the property was inadequately secured or construction accidents that have harmed visitors.

“Duty of care” that property owners will have toward a person or people that have been injured on their property are dependent on a relationship that exists between the injured individual and the owner of the property. In the majority of states the injured individual will be in one of three categories which include:

•Invitee

This involves an individual visiting a property based on a reason which benefits the property owner and visitor in a way that is concrete. For example, shoppers to a grocery store are known as business invitees as the business benefits from the shoppers and the visitor benefits from buying groceries.

•Licensee

This is a visitor to a property that has been permitted by the owner, but there are no trading benefits between each party. A houseguest is the type of person that falls under the licensee category.

•Trespasser

Trespassers are the types of visitors that enter a property without permission.

The owner of the property will owe a different type of “duty of care” to each of these categories which include:

•Invitees, the property owner has to protect the invitees from dangerous conditions by fixing any of these conditions or warn the invitees about it. For example putting up a “Wet Floor” sign.

•Licensees, property owners should protect the licensee from dangers that he or she is aware of. However, the property owner is not required to immediately fix any dangerous conditions when finding them.

•Trespassers, property owners are not permitted to create a dangerous condition on their property for the purposes of catching trespassers. But at the same time the owner is not required to warn trespassers or fix dangerous conditions.

These cases can be rewarding and any compensation should be put into an estate plan.

A Closer Look At Consumer Protection Through Product Liability

Business enterprises are held responsible when their merchandise are defective; this is referred to as product liability. But what does it entail?

Product Liability is that legal jargon you may have heard where businesses have a responsibility by the law for manufacturing and selling defective products. It is, in a way, consumer’s protection at its best rooted from the idea that buyers should never be harmed by the products they buy. An individual may file a civil lawsuit in a state court when he or she was impaired by a product purchased.

What are the different product liabilities a consumer can be protected from?

A business can be liable for their defective merchandise based on three factors.

– Breach of Warranty. A seller can be liable when the company fails to fulfill the terms of a product’s warranty. In its simplest term, a warranty is a claim, promise, representation, or guarantee about an individual product. Product warranty is further classified into three types: express warranty, implied warranty of merchantability and implied warranty of fitness.

– Negligence. This type of product liability is the failure by the business to exercise reasonable care. Either the company failed to do something they should have done or done something they should not have. The consumer can file liability against anyone within the business, for instance, the designer, distributor, manufacturer, or the seller.

– Strict Liability. The third type of product liability is the more common occurrence and is the most familiar. Strict liability is the business responsibility to be liable if defective merchandise causes injury, regardless of who is at fault. However, the consumer should be able to prove that the product was defective, the defect causes the threat against the consumer, and actual injury occurred because of the defective merchandise.

In some circumstance, product liability can be quite complicated depending on the events and damages incurred. However, being aware and informed of consumer’s right and protection can go a long way to enjoy and be at ease with all of the vast range of products and services available in the market today.

What Is The Sex Offender’s Registry

The sex offender registry is a national database which serves as a list of convicted sex offenders that many interested parties can use to know who is in the area and what they might have done in the past. Parents like to check it out if they have kids, so they know who is in the neighborhood and community around them. Many employers also run background checks against it, even for positions that might not deal with kids or women.

The criteria for getting on a sex offender registry do vary. Not all cases are the traditional image of a violent rape. Many who are convicted of a sexual offense of a violent nature spend time behind bars but are registered after they are released back into society. Also, some registered sex offenders were convicted of things like having sex with a person unable to give consent.

The list carries stringent repercussions with it, as registered offenders have trouble finding dates if they are looking for a romantic relationship. Prospective dates in this day and age often check the backgrounds of their dates, and when they see something like this often, wisely, decide to make other plans that evening.

Jobs are not only hard to come by for registered sex offenders, but housing can be a pain too. Some states and municipalities have requirements that registered sex offenders not live within a certain distance of parks, schools, or even houses of worship. This can seriously limit where they can live.

Unfortunately, some are on this list under questionable circumstances. Here, for example, men busted for public urination are sometimes put on this list. Also, if a state’s age of consent is 18, but the partners are 17 and 18 in age, the 18-year-old can be convicted, even if only a year older. Like this famous example from the news:

What Really Is An H1B Visa?

The H1B is a non-immigrant employment visa for temporary workers to enter the United States. An employer should offer a job to you in order to apply for the H1B visa. In fact, the particular employer is responsible for applying for the visa on behalf of the applicant. He or she needs to apply for the H1B visa with the United States Immigration Department. An approved H1B visa is treated as a work permit where the employee can obtain a visa stamp and work in the United States for that particular employer.

This type of visa is issued to employees with specialty knowledge. They require a practical and theoretical application of this specialty knowledge. The applicant should also have a Bachelors degree. There is a yearly quota of H1B visas available for getting down employees to the U.S. with specialty knowledge. Specialty knowledge is considered understanding your soon to be employer’s product, service, technique, management or application. Advanced leval knowledge is considered a deep understanding of the organization’s processes and procedures.

The total stay allowed in the U.S. is six years. The initial period is three years, and it can be extended for another three years. Although H1B employees can work for more than one U.S. employer, they should have a Form named I-129 approved by each employer. The visa can be issued for multiple entries in which the applicant can travel in and out of the country for any number of times. The H1B employee can go on sick leave, maternity leave, or vacations until he/she is associated with the employer. The spouse and unmarried children under the age of 21 years can stay with the H1B employee under the H4 category for the same duration as the employee. These are important facts to consider when applying for the H1B visa.

What Does A Contingency Fee Agreement Mean In Regards To Lawyers?

A contingency fee agreement is considered a payment arrangement where an injured plaintiff could seek legal representation even without money to pay the lawyer at the beginning of the case. Under such an agreement, the client doesn’t have to pay the lawyer up front. Instead, he or she can pay a percentage of the award once they win the case. This agreement will define the terms and conditions of the arrangement such as how much the attorney should be paid, etc. The rules of contingency fee agreement can differ depending on the state you live. This article provides information on what does a contingency fee mean in regards to lawyers.

The basic concept in this arrangement is the client doesn’t have to pay anything up front to find a lawyer to represent his or her case. On the other hand, the lawyer doesn’t get anything unless he/she wins the case for the client. Once the case is won, the lawyer gets a percentage of the compensation as agreed before. A lawyer would be hesitant to work on cases where there are limits of how much the plaintiff can recover as damage. Although most states in the country permit contingency fee agreements, some bar associations have become critical of such arrangements. Hence, some states have limits on the implementation of contingency fee agreements.

Once a contingency fee agreement is reached, the lawyer has to pay the expenses of the lawsuit. Once he/she wins the case, the agreed percentage will be distributed to him/her. There are some agreements that offer expenses and a percentage of the award. That’s why you need to be aware of the clauses included in the contingency fee agreement. There are several types of cases where lawyers work on a contingency basis such as military divorce, personal injury, wrongful death and class action employment lawsuits.

Learn more about contingency fees here:

What Really Is A Traumatic Brain Injury?

Traumatic brain injury usually happens when an external force results in brain dysfunction. A violent blow to the head or body can result in a traumatic brain injury (TBI). On the other hand, any object that penetrates the skull such as a bullet or similar component can cause such injuries. Mild TBI could result in temporary dysfunction of the brain while severe traumatic brain injuries could result in long-term complications or death.

The condition can have a wide variety of psychological and physical effects. In fact, some signs may appear soon after the event while some may appear after some time. Some of the physical symptoms of mild TBI include headaches, nausea, vomiting, drowsiness, fatigue, loss of consciousness for a few seconds or minutes, a state of disorientation, difficulty in sleeping or sleeping too many hours, dizziness, and loss of balance. There are sensory symptoms such as blurred vision, bad tastes, ringing in the ears, and sensitivity to light or sound. Cognitive symptoms include mood swings, depression or anxiety, and concentration issues.

There is a certain group of people who are at a higher risk of traumatic brain injury which includes adults over the age of 70 years, children below the age of 4 years, and young adults between the ages of 15 to 24 years. Several complications can occur as a result of severe TBI. Some of these complications include a vegetative state, a state of coma, brain death, or a minimally conscious state. You need to immediately see a doctor if you suffer from any of these conditions.

Because symptoms of TBIs develop after the initial accidents, it might difficult to prove that it is a result of an earlier accident or from the negligence of someone else. As soon as any of these symptoms appear, the first course of action is to visit the doctor and then contact a personal injury lawyer to find out if you are entitled to compensation.

What Really Is Real Estate Law?

Real estate or real property is defined as the land and any buildings on the land. Real estate law, on the other hand, emphasizes who may own or use the property. Real estate could be residential or commercial and the land could be used by one person while being used by another through a rental agreement. There are many local laws to govern properties due to the high value of real estate. Properties could be passed between family members and relations through estate planning. On the other hand, a property could be owned by more than one person. Real estate is also governed by local zoning laws in the area. This article provides information on what really is real estate law.

There are certain terms that are frequently used in the real estate industry. You should have a good knowledge of these terms when dealing with real estate. Here are some of the most common terms that you should know about.

. Title – This is the term used to describe who owns the land officially.

. Foreclosure – This is a process where the lender takes control of the real estate when the property owner fails to pay back the mortgage.

. Mortgage – The homeowner should give the lender a part of the ownership of the property as collateral when taking a loan (mortgage) to cover the purchase price of the land or house.

. Real Estate Agent – This is a professional who is licensed to undertake real estate transactions.

. Closing – A meeting where the ownership of the property is officially transferred.

A real estate attorney is the best person to interpret real estate law. Hiring a reputed attorney is important when closing a real estate deal. We recommending hiring a lawyer who is familiar with the area in which you are buying real estate because they will know what is current standard in your area, such as CDFS Law.

Why Do States Have Capital Cities When The Nation Has A Capital Too?

Most Americans know that the nation has a capital. That is Washington, D.C. It’s also known as the district of Columbia. This place is home to the White House, where the President lives and governs, and it’s also where you would find the head of the judicial branches, the Supreme Court, as well as both houses of the legislative body of Congress, the Senate and House of Representatives, residing on Capital Hill.

All 50 states have their own capitals too, and some might wonder why the states need their own capital cities when the nation at large has its own capital. Even territories like Puerto Rico have a capital city. But why? Well, simply put, for the same reason that the nation has its own capital city.

It just makes life much easier and simpler for the heads of various government branches and departments to all be centered in one area. A lot of this traces back to a time before there were phone lines, cars, or the Internet, which somewhat decreases the need for such centralization, but back then, if people needed to do business with one another, they had to be in the same proximity or area. That meant one single city.

All fifty states have governors heading up their executive branches. Each state also has a legislature that passes the budgets the states operate under, confirming state cabinet and judicial appointments, and passing the laws that govern that state in matters not already decided by federal law. Having said that, some states have unicameral legislatures, and others are bicameral or multi-cameral. The variations in state governments are another reason why there are so many different state capital cities around the nation.

Every state also has its own judicial system based in its capital city.