Can I Sue for Hospital Negligence?

via Tumblr hobbsr04.tumblr.com/post/129568040967 We tend to think of hospitals as places we go to get well. Unfortunately, that’s not always the case. And if you’ve suffered from substandard care in a hospital, you may be wondering if you can sue the hospital. Hospitals that fail to provide patients with a standard of care can be sued for negligence. They can be held directly liable for their own negligence, but could also be held vicariously liable for the negligence of their employees. Here is what hospital negligence looks like: Hospital Negligence A hospital hires a medical staff consisting of licensed physicians and health care providers, including nurses, physician’s assistants, and nurse practitioners. If a hospital failed to make reasonable inquiries when hiring its medical staff, and a staff member’s negligent care injures a patient, the hospital could be held liable for negligent supervision or retention. Hospitals may also be liable for patient injuries if employees fail to follow the orders of a patient’s physician. Hospitals are also required to ensure that there is a sufficient medical staff on duty at all times to maintain quality patient care, and may be held liable for injuries to patients resulting from a staff shortage. And hospitals, like any other business, can be sued for slip and falls on their premises. Vicarious Liability When a hospital employee’s malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine whereby employers are held liable for the negligent acts of their employees. This doctrine is especially important in medical malpractice cases, because it usually means a financially responsible party will compensate an injured plaintiff. Vicarious liability could be limited if a hospital employs medical staff as independent contractors rather than employees, but generally a hospital can still be vicariously or directly liable for the acts or omissions of medical contractors it employs to operate emergency rooms and outpatient facilities. If you’ve been injured due to hospital negligence, you should contact an experienced injury attorney to discuss your claim. Related Resources: Injured in a hospital? Get your claim reviewed by an attorney for free. (Consumer Injury) Medical Malpractice: Who Can Be Sued? (FindLaw) Should I Sue for Medical Malpractice? (FindLaw’s Injured) Ebola Nurse’s Lawsuit: 3 Lessons for Personal Injury Cases (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/09/can-i-sue-for-hospital-... via Blogger hobbsr04.blogspot.com/2015/09/can-i-sue-for-hospital-negl...

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Can I Sue for Hospital Negligence?

We tend to think of hospitals as places we go to get well. Unfortunately, that’s not always the case. And if you’ve suffered from substandard care in a hospital, you may be wondering if you can sue the hospital.

Hospitals that fail to provide patients with a standard of care can be sued for negligence. They can be held directly liable for their own negligence, but could also be held vicariously liable for the negligence of their employees. Here is what hospital negligence looks like:

Hospital Negligence

A hospital hires a medical staff consisting of licensed physicians and health care providers, including nurses, physician’s assistants, and nurse practitioners. If a hospital failed to make reasonable inquiries when hiring its medical staff, and a staff member’s negligent care injures a patient, the hospital could be held liable for negligent supervision or retention. Hospitals may also be liable for patient injuries if employees fail to follow the orders of a patient’s physician.

Hospitals are also required to ensure that there is a sufficient medical staff on duty at all times to maintain quality patient care, and may be held liable for injuries to patients resulting from a staff shortage. And hospitals, like any other business, can be sued for slip and falls on their premises.

Vicarious Liability

When a hospital employee’s malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine whereby employers are held liable for the negligent acts of their employees. This doctrine is especially important in medical malpractice cases, because it usually means a financially responsible party will compensate an injured plaintiff.

Vicarious liability could be limited if a hospital employs medical staff as independent contractors rather than employees, but generally a hospital can still be vicariously or directly liable for the acts or omissions of medical contractors it employs to operate emergency rooms and outpatient facilities.

If you’ve been injured due to hospital negligence, you should contact an experienced injury attorney to discuss your claim.

Related Resources:

• Injured in a hospital? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Medical Malpractice: Who Can Be Sued? (FindLaw)
• Should I Sue for Medical Malpractice? (FindLaw’s Injured)
• Ebola Nurse’s Lawsuit: 3 Lessons for Personal Injury Cases (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/09/can-i-sue-for-hospital-negligence.html

Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison

via Tumblr hobbsr04.tumblr.com/post/129372163782 Family members of inmates who die while serving time due to abuse or neglect can sue for wrongful death. Who can family members sue and what damages can be recovered? The answers to these question depend on the type of institution where the inmate was held, the manner of death, and certain statutory considerations. Systems of incarceration are deliberately confusing and you will need an attorney. But there are some basics to understand in advance of a consultation that will help you understand your legal options. Your lawyer will ultimately help you determine the best course of action. Basic Determinations for a Wrongful Death Case Before bringing a wrongful death case, you should consider the following variables: Jail or Prison? The first thing you must figure out is whether your relative was in prison or in jail. Prisons house inmates found guilty of felonies, or serious crimes subject to a year of incarceration or more. Jails generally house misdemeanor offenders and people charged with crimes awaiting trial. State or Federal Prison? Some criminal acts are federal offenses only and some are both state and federal. Was your relative held in a state or federal penitentiary? Public or Private? When authorities arrest someone, that person is their responsibility. The police and jail — or possibly prison, down the line — must keep the people in custody safe. As such, a city, county, state, or the federal government may be held liable for a wrongful death during incarceration. But administration and management of many American prisons is handled by private companies - either entirely or in part. Some institutions contract out prisoner medical services, for example, and in cases where medical neglect is alleged it makes sense to sue the private contractor as well. Abuse or Neglect? Abuse is when a prisoner dies due to excessive use of force by authorities. Neglect is when authorities fail to take the necessary steps to protect an inmate — medically, mentally, physically, or emotionally. For example, in the case of a suicide it may still be possible to recover for failure to adequately monitor an inmate. The incarcerating institution is responsible for keeping inmates safe from each other and even themselves. Recoverable Damages Details of your case will determine what damages are available in a particular wrongful death matter. Generally, inmates’ family members may recover compensatory damages, although there are limitations on this in some states. Punitive damages are hard to prove in inmate wrongful death matter but they are not barred. Meet With a Lawyer ASAP There are statutory limitations on how much time you have to file suit for wrongful death. Although it is difficult to think about finding a lawyer when someone you love has just died, acting fast is the only way to ensure that your rights are preserved. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Man Can Sue After Bipolar Wife Dies In Jail (FindLaw’s Injured) Inmate Rights (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/inmate-wrongful-deaths-... via Blogger hobbsr04.blogspot.com/2015/09/inmate-wrongful-deaths-suin...

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Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison

Family members of inmates who die while serving time due to abuse or neglect can sue for wrongful death. Who can family members sue and what damages can be recovered? The answers to these question depend on the type of institution where the inmate was held, the manner of death, and certain statutory considerations.

Systems of incarceration are deliberately confusing and you will need an attorney. But there are some basics to understand in advance of a consultation that will help you understand your legal options. Your lawyer will ultimately help you determine the best course of action.

Basic Determinations for a Wrongful Death Case

Before bringing a wrongful death case, you should consider the following variables:

• Jail or Prison? The first thing you must figure out is whether your relative was in prison or in jail. Prisons house inmates found guilty of felonies, or serious crimes subject to a year of incarceration or more. Jails generally house misdemeanor offenders and people charged with crimes awaiting trial.

• State or Federal Prison? Some criminal acts are federal offenses only and some are both state and federal. Was your relative held in a state or federal penitentiary?

• Public or Private? When authorities arrest someone, that person is their responsibility. The police and jail — or possibly prison, down the line — must keep the people in custody safe. As such, a city, county, state, or the federal government may be held liable for a wrongful death during incarceration. But administration and management of many American prisons is handled by private companies - either entirely or in part. Some institutions contract out prisoner medical services, for example, and in cases where medical neglect is alleged it makes sense to sue the private contractor as well.

• Abuse or Neglect? Abuse is when a prisoner dies due to excessive use of force by authorities. Neglect is when authorities fail to take the necessary steps to protect an inmate — medically, mentally, physically, or emotionally. For example, in the case of a suicide it may still be possible to recover for failure to adequately monitor an inmate. The incarcerating institution is responsible for keeping inmates safe from each other and even themselves.

Recoverable Damages

Details of your case will determine what damages are available in a particular wrongful death matter. Generally, inmates’ family members may recover compensatory damages, although there are limitations on this in some states. Punitive damages are hard to prove in inmate wrongful death matter but they are not barred.

Meet With a Lawyer ASAP

There are statutory limitations on how much time you have to file suit for wrongful death. Although it is difficult to think about finding a lawyer when someone you love has just died, acting fast is the only way to ensure that your rights are preserved.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Man Can Sue After Bipolar Wife Dies In Jail (FindLaw’s Injured)
• Inmate Rights (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/inmate-wrongful-deaths-who-to-sue-for-neglect-or-abuse-in-jail-or-prison.html

First Steps If You're Fired After an On-the-Job Injury

via Tumblr hobbsr04.tumblr.com/post/129310235197 You cannot be fired for getting injured on the job and filing a workers’ compensation claim. But you can be fired for other reasons. All the boss has to do is present that termination in legal terms. Your employer may say your dismissal is based on poor performance or financial difficulties, and that is technically permissible. Your employer simply cannot blame the firing on the injury. At-will employees can be terminated at any time as long as it is not a discriminatory or retaliatory act. Still, if you are fired and it smells fishy, you should do something about it. Make a Paper Trail The first step if you suspect retaliation is to gather evidence. Collect all the documentation you have about your injury and the job, including contracts, medical records, prescriptions, workers’ compensation claims, and all relevant communications with your employer. What communications are relevant, you ask? Well, that will depend on your specific context. Anything that sheds light on the situation or can help with its interpretation is relevant, including the following: Exchanges about absences before and after injury. Discussions of the injury or medical conditions. Performance reviews and other evaluations. General or impersonal paperwork — for example, an office newsletter that may reveal something about the employer’s state of mind or common practices. Don’t Dawdle or Go It Alone Speak to a labor lawyer who can provide precise guidance in your situation. The law is complex and there are statutory limits on how much time you have to file suit for wrongful termination.It is important to act immediately or you may lose the opportunity to fight for your rights. Many attorneys take this type of employment matter on contingency and will not charge a fee for consultation or litigation. What that means is that you explain the situation and they decide whether to take a risk on your case. You will not pay for the benefit of their expertise unless they are able to secure a financial settlement or win in court. If they do, they get a percentage of the damages that is limited by law. Potential Damages If you are fired for your on-the-job-injury or for filing a workers’ compensation claim and file suit, you will be entitled to compensation if your case succeeds. Again, the amount of damages due — and even the type of reward — will vary depending on the facts of your case and your claims. What is certain, however, is that if you do not act, you will recover nothing, even if you were wrongfully terminated. That’s a bitter pill to swallow after getting injured and fired. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Compensation Explained (FindLaw) What Type of Injuries Are Compensable? (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/first-steps-if-youre-fi... via Blogger hobbsr04.blogspot.com/2015/09/first-steps-if-youre-fired-...

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First Steps If You're Fired After an On-the-Job Injury

You cannot be fired for getting injured on the job and filing a workers’ compensation claim. But you can be fired for other reasons. All the boss has to do is present that termination in legal terms.

Your employer may say your dismissal is based on poor performance or financial difficulties, and that is technically permissible. Your employer simply cannot blame the firing on the injury. At-will employees can be terminated at any time as long as it is not a discriminatory or retaliatory act. Still, if you are fired and it smells fishy, you should do something about it.

Make a Paper Trail

The first step if you suspect retaliation is to gather evidence. Collect all the documentation you have about your injury and the job, including contracts, medical records, prescriptions, workers’ compensation claims, and all relevant communications with your employer.

What communications are relevant, you ask? Well, that will depend on your specific context. Anything that sheds light on the situation or can help with its interpretation is relevant, including the following:

• Exchanges about absences before and after injury.
• Discussions of the injury or medical conditions.
• Performance reviews and other evaluations.
• General or impersonal paperwork — for example, an office newsletter that may reveal something about the employer’s state of mind or common practices.

Don’t Dawdle or Go It Alone

Speak to a labor lawyer who can provide precise guidance in your situation. The law is complex and there are statutory limits on how much time you have to file suit for wrongful termination.It is important to act immediately or you may lose the opportunity to fight for your rights.

Many attorneys take this type of employment matter on contingency and will not charge a fee for consultation or litigation. What that means is that you explain the situation and they decide whether to take a risk on your case. You will not pay for the benefit of their expertise unless they are able to secure a financial settlement or win in court. If they do, they get a percentage of the damages that is limited by law.

Potential Damages

If you are fired for your on-the-job-injury or for filing a workers’ compensation claim and file suit, you will be entitled to compensation if your case succeeds. Again, the amount of damages due — and even the type of reward — will vary depending on the facts of your case and your claims.

What is certain, however, is that if you do not act, you will recover nothing, even if you were wrongfully terminated. That’s a bitter pill to swallow after getting injured and fired.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers’ Compensation Explained (FindLaw)
• What Type of Injuries Are Compensable? (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/first-steps-if-youre-fired-after-on-the-job-injury.html

Injured by a Diabetes Medication?

via Tumblr hobbsr04.tumblr.com/post/129283684037 It’s hard enough dealing with your diabetes. But now you have to worry about side effects from your diabetes medication? The FDA has received numerous reports of diabetes patients treated with SGLT2 inhibitors who developed ketoacidosis, which can be accompanied by insulin deficiency, hyperglycemia, and dehydration. The negative side effects sometimes resulting in hospitalization. So what causes this, and what can you do about it? The Signs of Illness In May, the Food and Drug Administration issued a warning that certain SGLT2 inhibitors for diabetes could result in a serious condition of too much acid in the blood. In some cases, this condition, known as ketoacidosis, could result in hospitalization. The FDA warned diabetes patients: Patients should pay close attention for any signs of ketoacidosis and seek medical attention immediately if they experience symptoms such as difficulty breathing, nausea, vomiting, abdominal pain, confusion, and unusual fatigue or sleepiness. Do not stop or change your diabetes medicines without first talking to your prescriber. Health care professionals should evaluate for the presence of acidosis, including ketoacidosis, in patients experiencing these signs or symptoms; discontinue SGLT2 inhibitors if acidosis is confirmed; and take appropriate measures to correct the acidosis and monitor sugar levels. The Source of Illness Cases of diabetic ketoacidosis have been linked to several SGLT2 inhibitors: Invokana, Invokamet, Farxiga, Xigduo XR, Jardiance, and Glyxambi. If you are on any of these medications, you should monitor any symptoms or side effects closely. The FDA also asked patients and health care professionals to report side effects involving any of these or other SGLT2 inhibitors to the their MedWatch program. Anyone on medication should be wary of dangerous drugs. Pharmaceutical companies are liable for the safety of their drugs, and recently GlaxoSmithKline had to pay $750 million for selling adulterated medications and were sued over another diabetes medication, Avandia. If you’ve suffered any disability or injury due to diabetes medications, you should consult with an experienced injury attorney near you. Related Resources: Injured by diabetes medication? Get your claim reviewed by an attorney for free. (Consumer Injury) California County Sues GSK over Diabetes Drug Avandia (FindLaw’s Injured) Defective Products and Products Liability (FindLaw’s Injured) Pharmaceutical Drug Liability (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/injured-by-a-diabetes-m... via Blogger hobbsr04.blogspot.com/2015/09/injured-by-diabetes-medicat...

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