When Can I Sue an EMT or Paramedic?

Emergency medical technicians and paramedics save a lot of lives working on the front lines of healthcare. Their roles are critical and the decisions they make at the scene of an emergency and transporting someone to a hospital can seriously influence long-term outcomes.

You might think then that these emergency medical workers are held to the same standard of care as any other medical practitioner, and you might be right in some cases. But state laws vary, and the question of whether you can sue a paramedic or EMT for injury will depend on a number of factors.

Applicable Factors

Whether you can sue will depend on state laws, who the responders worked for, whether it was a public or private entity and more. In some states, emergency responders who work for government agencies are protected from legal action by sovereign immunity, which the government can waive. So, the first thing to consider is the applicable state law for emergency responders.

Assuming that you are dealing either with a private service provider or are in a state that will waive immunity, the next step is to look at the law on medical malpractice. For the most part, a medical practitioner owes patients a duty of care and, generally, that duty of care is the same as the duty owed by any other practitioner in same or similar circumstances.

Medical Malpractice

To recover for injury from negligent medical care a person must show that the caregiver breached a duty owed, and that the breach caused a compensable injury. Generally, if negligence is shown — meaning the medical practitioner fell below the reasonable standard of care under the circumstances — then recovering damages is likely. In other words, normally you only have to prove negligence on the part of the healthcare provider to win in a malpractice claim.

But some state limits recovery in suits against emergency responders to only situations where the responders were grossly negligent. In those situations, the responder’s negligence must be truly egregious or there will be no recovery. The plaintiff in such a case must prove more than negligence but an extreme disregard for the reasonable standard of care, resulting in injury.

Talk to a Lawyer

If you have been injured by a paramedic or emergency medical technician, do not try to decide on your own whether you have a basis for a lawsuit. Speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Medical Malpractice: Who Can Be Sued? (FindLaw’s Learn About the Law)
• First Steps in a Medical Malpractice Case (FindLaw’s Learn About the Law)
• Medical Malpractice: State Laws (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/when-can-i-sue-an-emt-or-paramedic.html

Fake Injuries and Clinics Used in Elaborate Insurance Fraud Scheme

via Tumblr hobbsr04.tumblr.com/post/143814255637 Federal authorities in Grand Rapids, Michigan last month named four people in an indictment alleging an elaborate insurance and healthcare fraud ring. The quartet reportedly set up medical clinics and staged car crashes to defraud insurers, as well as paying people to participate in staged crashes or to make false claims, stating they were patients at the medical clinics. The scheme went on from January 2014 to May 2015, according to a report in Michigan Live. But the patients did not receive any therapy or medical care for their alleged injuries. The defendants are accused of submitting over 100 fraudulent claims to one insurance company and were paid about $52,000 reportedly. Staging Car Crashes Such insurance and healthcare fraud schemes are unfortunately common. Earlier this year, a Utah man was charged with insurance fraud after his 23 car crashes in five years raised suspicions. Although he seemed to be working alone in that case, the fraudulent scheme was similar – car crashes were common and staged. Under Michigan law, insurance fraud charges can be filed and prosecuted in federal court as mail fraud, and that is what happened in this case. If they had been charged under Michigan state law, rather than federally, the four defendants would be facing up to ten years in prison and a fine of $50,000 for conspiring to commit a fraudulent insurance act. Fraud Costs Us All According to the Coalition Against Insurance Fraud, measuring the impact and cost of insurance fraud nationally, across states and industries, is extremely difficult. There is no one agency that collects data and the Coalition writes, “Insurance fraud data thus are relatively piecemeal, making our understanding of insurance fraud an ongoing work in progress.” Different companies, associations, and government authorities at the state, federal, and local level, all collect data on various aspects of the industry and the losses it suffers. That said, the Coalition does compile, collect and analyze all the disparate data in an effort to make some sense of the total effect of insurance fraud nationally. It estimates that “conservatively” about $80 billion a year is stolen across all lines of insurance. Really Injured? If you have been injured in a car accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) How to Prove You’re Not at Fault in a Car Accident (FindLaw’s Injured) How Much Can a Passenger Recover After an Accident? (FindLaw’s Injured) After an Accident: Insurance Claim or Lawsuit (Findlaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/fake-injuries-and-clini... via Blogger hobbsr04.blogspot.com/2016/05/fake-injuries-and-clinics-u...

via Flickr http://www.flickr.com/photos/87814799@N02/26777134936

Fake Injuries and Clinics Used in Elaborate Insurance Fraud Scheme

Federal authorities in Grand Rapids, Michigan last month named four people in an indictment alleging an elaborate insurance and healthcare fraud ring. The quartet reportedly set up medical clinics and staged car crashes to defraud insurers, as well as paying people to participate in staged crashes or to make false claims, stating they were patients at the medical clinics.

The scheme went on from January 2014 to May 2015, according to a report in Michigan Live. But the patients did not receive any therapy or medical care for their alleged injuries. The defendants are accused of submitting over 100 fraudulent claims to one insurance company and were paid about $52,000 reportedly.

Staging Car Crashes

Such insurance and healthcare fraud schemes are unfortunately common. Earlier this year, a Utah man was charged with insurance fraud after his 23 car crashes in five years raised suspicions. Although he seemed to be working alone in that case, the fraudulent scheme was similar -- car crashes were common and staged.

Under Michigan law, insurance fraud charges can be filed and prosecuted in federal court as mail fraud, and that is what happened in this case. If they had been charged under Michigan state law, rather than federally, the four defendants would be facing up to ten years in prison and a fine of $50,000 for conspiring to commit a fraudulent insurance act.

Fraud Costs Us All

According to the Coalition Against Insurance Fraud, measuring the impact and cost of insurance fraud nationally, across states and industries, is extremely difficult. There is no one agency that collects data and the Coalition writes, "Insurance fraud data thus are relatively piecemeal, making our understanding of insurance fraud an ongoing work in progress."

Different companies, associations, and government authorities at the state, federal, and local level, all collect data on various aspects of the industry and the losses it suffers. That said, the Coalition does compile, collect and analyze all the disparate data in an effort to make some sense of the total effect of insurance fraud nationally. It estimates that "conservatively" about $80 billion a year is stolen across all lines of insurance.

Really Injured?

If you have been injured in a car accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• How to Prove You're Not at Fault in a Car Accident (FindLaw's Injured)
• How Much Can a Passenger Recover After an Accident? (FindLaw's Injured)
• After an Accident: Insurance Claim or Lawsuit (Findlaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/fake-injuries-and-clinics-used-in-elaborate-michigan-insurance-fraud-scheme.html

Suing Big Pharma

via Tumblr hobbsr04.tumblr.com/post/143808735437 Let’s be honest, many consumers don’t have a lot of faith in giant pharmaceutical companies right now. Between the constant barrage of television ads with never-ending lists of side effects to new stories every day about supposedly life-saving drugs that turn out deadly. And that’s without even mentioning the rampant price-gouging. While lawsuit based on a drug’s price are few and far between (and difficult to prove or win), lawsuits based on a drug’s danger are far more common. Here are three ways to sue big pharma based on pharmaceutical drug liability: 1. Defects in Design A design defect refers to the unreasonable risk a product poses to consumers even if it is manufactured and used as intended. These are foreseeable risks, and a company could be held liable if it knew about and ignored these risks. In some jurisdictions, however, you may also need to prove a company could have adopted a reasonable alternative design. Design defect lawsuits against pharmaceutical companies are rare, unless there is no safe use of a drug. 2. Defects in Manufacturing A manufacturing defect refers to a mistake in the production of a well-designed product that introduces a new danger to consumers. A company can be held liable if the manufacture departs from the intended design. In the case of pharmaceutical companies, a bottle of prescription medication could be contaminated at a processing facility. This happened recently when GlaxoSmithKline had to pay $41 million to 37 states and the District of Columbia to settle lawsuits about bad drugs manufactured at the company’s former factory in Puerto Rico. 3. Defects in Warnings A warning defect refers to a company’s failure to properly warn consumers of known risks in using its products. A company can be held liable for providing inadequate warnings, inaccurate warnings, or no warnings at all. This is the most common cause of pharmaceutical company lawsuits, as consumers sue for prescription drug side effects. If you’ve been injured by a prescription medication or other pharmaceutical product, you should contact an experienced personal injury attorney to review your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Defective Products and Products Liability (FindLaw’s Injured) 5 Most Dangerous Prescription Drugs (FindLaw’s Injured) Dangerous Drugs (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/suing-big-pharma.html via Blogger hobbsr04.blogspot.com/2016/05/suing-big-pharma.html

via Flickr http://www.flickr.com/photos/87814799@N02/26194899104

Suing Big Pharma

Let’s be honest, many consumers don’t have a lot of faith in giant pharmaceutical companies right now. Between the constant barrage of television ads with never-ending lists of side effects to new stories every day about supposedly life-saving drugs that turn out deadly. And that’s without even mentioning the rampant price-gouging.

While lawsuit based on a drug’s price are few and far between (and difficult to prove or win), lawsuits based on a drug’s danger are far more common. Here are three ways to sue big pharma based on pharmaceutical drug liability:

1. Defects in Design

A design defect refers to the unreasonable risk a product poses to consumers even if it is manufactured and used as intended. These are foreseeable risks, and a company could be held liable if it knew about and ignored these risks. In some jurisdictions, however, you may also need to prove a company could have adopted a reasonable alternative design.

Design defect lawsuits against pharmaceutical companies are rare, unless there is no safe use of a drug.

2. Defects in Manufacturing

A manufacturing defect refers to a mistake in the production of a well-designed product that introduces a new danger to consumers. A company can be held liable if the manufacture departs from the intended design.

In the case of pharmaceutical companies, a bottle of prescription medication could be contaminated at a processing facility. This happened recently when GlaxoSmithKline had to pay $41 million to 37 states and the District of Columbia to settle lawsuits about bad drugs manufactured at the company’s former factory in Puerto Rico.

3. Defects in Warnings

A warning defect refers to a company’s failure to properly warn consumers of known risks in using its products. A company can be held liable for providing inadequate warnings, inaccurate warnings, or no warnings at all.

This is the most common cause of pharmaceutical company lawsuits, as consumers sue for prescription drug side effects.

If you’ve been injured by a prescription medication or other pharmaceutical product, you should contact an experienced personal injury attorney to review your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Defective Products and Products Liability (FindLaw’s Injured)
• 5 Most Dangerous Prescription Drugs (FindLaw’s Injured)
• Dangerous Drugs (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/suing-big-pharma.html

Suing for Slip and Falls: What's Your Suffering Worth?

via Tumblr hobbsr04.tumblr.com/post/143755549022 If you have fallen and been injured, you probably want to sue someone, and that is a typical reaction. For example, the former superintendent of the Monterey, California school district is suing the city of Monterey for an injury that she says will bar her from wearing stylish heels and dancing with her husband for life. Marilyn Shepherd is seeking $750,000 for an ankle injury from a city pothole, and her husband is making demands, too. Does that mean you should sue? Let’s look at her case and what it may say about your chances of recovering if you pursue your own lawsuit. The Injury Claims According to Shepherd, she stepped into a pothole in Monterey in 2014 and hurt her ankle, and this injury changed her life. She is seeking $750,000 for her suffering, saying it “will forever prevent her from wearing the latest fashion in high heel shoes, walking on a sandy beach, and dancing with her husband.” “These permanent limitations, coupled with inability to enjoy the day-to-day pleasures of life as a married couple, and temporary loss of sexual relations, significantly disrupted their common interests and social lives,” Shepherd’s complaint states. But that is not all. Additionally, Shepherd’s husband seeks $50,000 for the suffering he endured from seeing his wife fall in a pothole and while his wife was hurt. The couple complains of a change to their social and sexual lives, which should be compensated, they say. The City of Monterey does not seem entirely moved by the claims. It says that it investigated the pothole and that it was less than an inch deep, specifically 7/8 of an inch. Still, they were willing to talk settlement, although the parties could not agree and it seems the case will continue to trial. Negligence Recovery for damages is only possible when someone is injured and negligence is shown. There are four elements to negligence: duty, breach, causation, and harm (sometimes call compensable damages). Not all injuries are due to the negligence of another, but if you can prove that someone owed you a duty, breached it, and that this breach was the cause of a harm that can be compensated, you will recover for your injury. Talk to a Lawyer If you have been injured, speak to a lawyer. No claim can be assessed in the abstract, so have an expert review the facts and get guidance on your claim. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your claim. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Slip and Fall FAQ (FindLaw’s Learn About the Law) Shopping Injuries Overview (FindLaw’s Learn About the Law) Indoor Slip and Falls (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/suing-for-slip-and-fall... via Blogger hobbsr04.blogspot.com/2016/05/suing-for-slip-and-falls-wh...

via Flickr http://www.flickr.com/photos/87814799@N02/26685926792

Suing for Slip and Falls: What's Your Suffering Worth?

If you have fallen and been injured, you probably want to sue someone, and that is a typical reaction. For example, the former superintendent of the Monterey, California school district is suing the city of Monterey for an injury that she says will bar her from wearing stylish heels and dancing with her husband for life.

Marilyn Shepherd is seeking $750,000 for an ankle injury from a city pothole, and her husband is making demands, too. Does that mean you should sue? Let’s look at her case and what it may say about your chances of recovering if you pursue your own lawsuit.

The Injury Claims

According to Shepherd, she stepped into a pothole in Monterey in 2014 and hurt her ankle, and this injury changed her life. She is seeking $750,000 for her suffering, saying it “will forever prevent her from wearing the latest fashion in high heel shoes, walking on a sandy beach, and dancing with her husband.”

“These permanent limitations, coupled with inability to enjoy the day-to-day pleasures of life as a married couple, and temporary loss of sexual relations, significantly disrupted their common interests and social lives,” Shepherd’s complaint states. But that is not all.

Additionally, Shepherd’s husband seeks $50,000 for the suffering he endured from seeing his wife fall in a pothole and while his wife was hurt. The couple complains of a change to their social and sexual lives, which should be compensated, they say.

The City of Monterey does not seem entirely moved by the claims. It says that it investigated the pothole and that it was less than an inch deep, specifically 7/8 of an inch. Still, they were willing to talk settlement, although the parties could not agree and it seems the case will continue to trial.

Negligence

Recovery for damages is only possible when someone is injured and negligence is shown. There are four elements to negligence: duty, breach, causation, and harm (sometimes call compensable damages).

Not all injuries are due to the negligence of another, but if you can prove that someone owed you a duty, breached it, and that this breach was the cause of a harm that can be compensated, you will recover for your injury.

Talk to a Lawyer

If you have been injured, speak to a lawyer. No claim can be assessed in the abstract, so have an expert review the facts and get guidance on your claim. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your claim.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Slip and Fall FAQ (FindLaw’s Learn About the Law)
• Shopping Injuries Overview (FindLaw’s Learn About the Law)
• Indoor Slip and Falls (FindLaw’s Learn About the Law)
  

from Injured http://blogs.findlaw.com/injured/2016/05/suing-for-slip-and-falls-whats-your-suffering-worth.html