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A Lack of Informed Consent and Medical Care

Many people have heard of the term medical malpractice before, but many are confused as to what the term means. Medical malpractice refers to a legal cause of action when a medical professional injures a patient by deviating from medical standards and guidelines. In these cases, the patient is entitled to financial compensation based on the severity of their injuries and suffering. 

One type of medical malpractice is a lack of informed consent on the part of the patient, but the doctor proceeds to operate or perform a medical procedure. Former Supreme Court Justice Cardozo summed up the idea of informed consent in a ruling in 1914:

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body, and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages.”

When this tenet is violated, medical malpractice has occurred. If you or a loved one believes they have been operated upon without informed consent, keep reading. You’ll learn more about what informed consent is, and how to take your case to an attorney.

What is Informed Consent? 

If the above quote didn’t work for you, maybe it will help if I break it down in less legal terms. Patients are entitled to receive information from their doctor about their recommendation of care so they can make a decision on how they wish to proceed. Additionally, a patient has the right to accept or reject a doctor’s recommendation of care. 

When informing the patient about their options, a doctor or other medical professional should provide the following information:

  • The diagnosis (when all information is available to make one)
  • Recommended courses of treatments and their purpose
  • The benefits and the risks of all available options

This information is provided so you are able to make an informed decision about what path of care you would like to pursue. 

What do Do

If you have had an operation or another form of treatment performed on you without your informed consent, you have options. The first thing on your to-do list should be to reach out to an attorney as soon as possible. 

First, your attorney will let you know if the situation you experienced violated the tenet of informed consent. After that determination is made, your attorney can handle the rest of the process to ensure that you get the compensation you need for your injuries. Medical malpractice cases are difficult in that they merge the medical field with the legal field, and because of this, an experienced attorney is needed. Don’t attempt to represent yourself — your health and financial security are on the line!

Life’s Greatest Miracle

One of life’s greatest miracles is the gift of life. Raising a family with love and care is the most selfless act anyone can choose to do. For a lot of people, this means conceiving a child, giving birth, and then making sure that the baby feels safe and loved all its life. Not all families start this way, though, and it’s important to make sure every family has a chance to grow together.

Sometimes an aunt or an uncle take in their nieces and nephews. Sometimes grandparents raise their grandchildren. Stepparents can take on a greater role than they originally thought possible. No matter how it happens, a family is a family. There’s no wrong way to be a family, as long as everyone feels loved and cared for.

Adoption is one of the more common ways to start a family if the couple is unable to conceive. With the growing number of couples choosing to adopt, international adoption is starting to gain traction. Adopting a child from a foreign country can be a long, arduous process. The couple has to navigate laws from two different countries on their journey to parenthood.

This can be incredibly frustrating and complicated. Most people don’t have the knowledge and resources to go through this process on their own. As an added challenge, there may be a language barrier or culture barrier that makes the process even more difficult. These difficulties can definitely be overcome, but it doesn’t hurt to have a little outside help.

When this happens, it’s always a good idea to seek help from experts in the area. BB Law Group, PLLC can help conquer these issues and nurture a budding family. They know the steps that must be taken before the child is ready to come home.

In addition to this firm helping to fill out and file the proper documentation, they also help with obtaining a visa for the child to come home to the United States. They can also help the child receive US citizenship once they are here.

Before any of this, though, the couple has to know where they want to adopt their child from. For instance, a single parent might have trouble adopting from countries that forbid single-parent adoption. In this case, they would need to contact a law firm specializing in foreign adoption to help find a country that allows single parents to adopt.

Additionally, certain agreements like the Hague Convention only allow adoption if it is in the best interests of the child. Roughly one hundred countries are a part of the Hague Convention, although adopting outside of the convention is certainly possible.

After all of this, once the child is safe and sound with their new family, they will likely undergo the process of readoption to finalize things. Here, the child is adopted again in a US court, so that both countries have proper documentation. A good lawyer can make sure this process goes smoothly so that the family can begin their lives together!

Avoid the Costs and Strain of Divorce by Compromising Now and Keeping It Simple

Texas has a great divorce option called the simple divorce. What it means is that you don’t have to contest anything. You agree to everything beforehand, and you just go through the legal process. It’s faster, it’s more affordable, and it gets you where both parties want to go.

Sounds ideal, right? It is, but it comes with a few complicating factors. The biggest is that you have to be able to compromise about everything with your spouse before getting into the divorce.

That may sound possible in theory, but then, you may well find that there’s a lot you don’t agree on even if things are ending amicably. Who gets the house? Who gets the nicer, newer car? Is one spouse getting repaid for all that money they put into the other spouse’s education? Then there’s that really big question: who gets custody of the kids?

Trying to answer these questions has led to more than a few amicable divorces becoming far less amicable very quickly. Facing the full reality of a divorce can lead to a resurgence of negative emotions and an increased difficulty in finding compromises.

So, the first step is to get past these major questions. In fact, some of these questions make it impossible to get a simplified divorce in the first place. For instance, married couples with minor children aren’t eligible for a simplified divorce. Instead, they have to go through the uncontested divorce process, which is still faster and more affordable than a contested divorce. Simplified divorces are also only possible if no parties are going through bankruptcy and neither party wants alimony. So, if that spouse wants repayment for college costs, settle that before you start the divorce process, or else, resign yourself to a longer divorce.

Deal with these situations as early as possible and in the best possible spirit of compromise and amicability as possible. Once you’ve made it past those tough questions and found out if you qualify for a simple divorce, you’ll then have another complicating factor: getting the divorce process right.

According to the BB Law Group PLLC, this can be tricky even in the best of circumstances. Texas law for a simplified divorce is, obviously, simpler than more contested divorces, but you may still need assistance when it comes to filling out and filing all the necessary forms and completing other requirements. BB Law recommends getting a simplified divorce lawyer to help guide you through the process so you don’t have to extend the process any larger than necessary.

If you can get the compromises in place and the guidance to handle the process in the best way, you should be able to move on from your marriage in the best possible way. A simple divorce lets you get through the process quickly, which can hopefully help reduce the emotional and financial difficulties that can come from a divorce.

If you qualify, and if you can get it right, a simple divorce is the best way to get out of your marriage in Texas.

How to Avoid Abuse in Nursing Homes

One of the most common factors that negatively impact decisions whether a person should go to a nursing home or not is the possibility of abuse. Nobody wants to experience that, especially in the later part of his life where he is particularly vulnerable to it because of two reasons – he will not be able to defend himself or report his situation to the authorities due to physical and mental limitations.

Also, according to the website of Karlin, Fleisher & Falkenberg, LLC, those who have experienced abuse in nursing homes may pursue compensation. So, it is not just an ethical and moral issue, but also a legal one. But how can you avoid nursing home abuse anyway?

Checking the nursing home’s competence

Prevention is better than cure, and this also applies to nursing home abuse. Before you put your loved one inside a nursing home, you should check the nursing home’s overall competence. Incompetent nursing homes may incidentally or accidentally inflict abuse. You should give particular attention to the following factors:

  • Availability of facilities, because the lack of facilities can result into negligence, such as cases of dehydration, hygiene issues, and malnutrition
  • Cleanliness of facilities, because ill-maintained premises may have negative effects, especially to older individuals who have weaker immune systems
  • Ratio of nursing home staff and patients, because the lack of staff or the abundance of patients can lead to staff impatience and incompetence, leading to abuse and neglect

Looking for signs of abuse

But if you have already put your loved one in a nursing home, do not worry, because you can still look for the signs of abuse, to give you hints whether your loved one is being treated right or not. Abuse can come in many forms, such as physical, emotional, and even sexual. Below are some of the most common signs:

  • Sudden change of behavior, especially in the presence of a particular nursing home staff or fellow resident
  • Unexplained complications in the genital or anal area
  • Unexplained wounds, especially on body parts that are often restrained, like the wrists, ankles, and maybe even the neck and chest
  • Worsening of existing medical conditions

Creating a long-term care plan

Elder planning is important, because growing old is inevitable. According to the website of Peck Ritchey, LLC, a long-term care plan has a lot of benefits, especially if you get them while you are still quite capable. Below are some of the most important benefits:

  • Finding peace after knowing that you will be taken care of, when the time comes
  • Finding a nursing home that is adequate for your needs

In short, having a care plan even before you need it significantly helps in preventing nursing home abuse.

All About Medical Malpractice

The medical industry is so complicated that, typically, you need a professional license to prove your competence. But there are instances where even the most competent medical professional becomes negligent or reckless, resulting into the harm of their patients, either through injury or medical complication.

Medical malpractice is a serious issue. Those who have been victims of medical malpractice may take legal action against the responsible parties, such as getting compensation from the damages they have sustained. The attorneys of the Erez Law firm understand the importance of taking legal action when one party’s negligence negatively affects innocent parties.

But how can it be determined that an instance is a medical malpractice case? There are variables that can be considered:

  • There is a direct professional-patient relationship
  • The professional has the duty of care for the patient
  • The professional has acted or failed to act in a way that violates the duty of care
  • The violation has harmed the patient in any form

Unnecessarily harming the patient has a variety of consequences. The patient suffers not just from unwarranted injuries and complications, but also from unwarranted medical costs to fix the problems, such as corrective surgeries and prolonged hospital confinements.

Of course, these costs do not come free, and on the worst instances, may even reach thousands upon thousands of dollars. The financial burdens do not end there. Being a victim of medical malpractice may also mean that the patient is going to lose time at work, and therefore cannot earn a living. On worst instances, the medical malpractice may even disable the victim, making him lose his ability to earn a living temporarily or permanently.

The website of Crowe & Mulvey, LLP has enumerated various areas where medical malpractice can arise as an issue. But some areas are more common than others. Below are some of the most common medical malpractice claims:

  • Anesthesia errors, such as giving too much or too little anesthesia
  • Birth injuries sustained either during the pregnancy or delivery
  • Emergency room errors, like failing to give adequate treatment immediately
  • Hospital negligence, such as treatment delays and lack of attention to patients
  • Medication errors, like giving the wrong drug or wrong dosage
  • Misdiagnosis, such as diagnosing a healthy patient as ill or vice versa
  • Surgical errors, like accidentally puncturing organs or operating on the wrong body part

Paraplegia and Quadriplegia: Spinal Cord Injuries Due often to Someone Else’s Negligence

Millions of nerve fibers actually make up the spinal cord. These fibers are responsible for transmitting electrical signals to the different parts of the body. Nerves exiting the spinal cord’s upper section, for instance, control the movement of our arms and our breathing; the nerves that exit the mid and lower sections of our back allow us to have on our trunk and legs, sexual function, and bowel and bladder movements. Thus, any damage or harm to the spinal cord (even to the spinal or vertebral column) can cause failure in the transmission of signals from the brain to the parts of the body below the injured area. This can result to paralysis or loss of function on affected parts.

Any form of injury, especially severe injury, to the spinal cord can be devastating due to the very important function it plays. Spinal cord damage can result to partial or total paralysis, depending on how severe the damage is and the specific area affected by the injury. Partial paralysis, or Paraplegia, is loss of control and function on one side of a person’s body. Despite having lost control in the paralyzed area, there is still possibility that he/she would still have sensation, though.

Total paralysis, or Quadriplegia, on the other hand, is total loss of functions and control of body parts. Total paralysis starts from the area of the spinal cord that has been injured down to the rest of the body; this means that the higher the injury, the greater the extent of the paralysis.

A spinal injury can a result of a traumatic or a non-traumatic experience. The causes of a traumatic spinal cord injury include a knife or a gunshot wound that pierces and cuts the nerves in the spinal cord, or a sudden blow that dislocates, fractures or crushes an area of the vertebral column (this forceful, sudden blow can be caused by a car crash). A non-traumatic spinal cord injury, however, can be due to an illness, such as cancer, arthritis, infection, inflammation or disc collapse of the spine.

The Toronto spinal cord injury lawyers of Mazin & Associates know that “Spinal cord injuries almost always result in significant disabilities, making it nearly impossible to live life as planned. Activities such as sports, walking a dog, and other basic life tasks are often no longer possible for those who sustain spinal cord injuries. These injuries can occur for numerous reasons, many of which are caused by major accidents such as car accidents, slip and falls, and sports injuries. Spinal cord injuries are difficult to deal with for everyone involved, and when the accident was not the fault of the injured it is unfair for them to face the consequences alone. Spinal cord injury victims also need a much higher level of support and care, as well as the highest amount of compensation possible, whether it is from the at-fault party or an insurance provider.

Is the Highest Possible Physical, Mental, and Psychosocial Well-Being of all Residents Provided in Nursing Homes?

Nursing homes, also called convalescent homes, are facilities for people, who require extra care, medical attention and assistance (specifically, in the performance of daily activities, such as eating, toileting, bathing and dressing), but who do not need to be in a hospital. To address the various needs of residents, nursing homes should have a registered nurse, a licensed nurse and trained nursing aides who are expected to attain and maintain the highest possible level of physical, mental, and psychosocial well-being of all residents and patients.

In February 2015, the Centers for Disease Control and Prevention (CDC) had on record about 15,700 registered nursing home facilities in the U.S. These housed an estimated 1.4 million elder citizens, usually 65 years old or above, children and young adults who are physically or mentally incapacitated, or needing rehabilitative therapies due to an illness or an accident, and those who need extra care, like patients with Alzheimer or Parkinson’s disease.

Nursing homes guarantee provision of the highest level of care; however, beneath the friendly and warm welcome to arriving residents who are accompanied by family members, what is hidden can be painful experiences wrought by abuses and various forms of acts of neglect. Some examples of acts of neglect are non-provision of hygienic care, delay in treating or non-treatment of bedsores, failure to provide needed medical care or attention, denial of food and/or drinking water, delay in providing needed assistance, and so forth.

One must bear in mind that these acts of neglect are committed against individuals who are either too sick or too weak to defend themselves. In relation to this is the necessity to know that abuse or neglect in nursing homes can be a federal offense since both these acts are violations of the mandates of the Nursing Home Reform Act, which requires facilities receiving Medicare and Medicaid funds to provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of all residents in accordance with a written plan of care. This Act also says that residents should be free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

You can view more helpful and very informative content about nursing home negligence in this website:

Make Sure You Keep Away from Speeding Drivers

Statistical records from the Traffic Safety Facts of the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) show that speeding-related fatalities from 2003 to 2007 averaged to at least 13,400 yearly; from 2008 to 2012, the yearly average was 10,600. Traffic Safety Facts data also shows that about 74% of the 10,219 speeding-related fatalities in 2012 were males aged between 15 and 24, and that 42 percent of all speeding drivers had BACs of .08 g/dL or higher.

The NHTSA considers a crash to be speeding-related if racing, exceeding the posted speed limit, or driving too fast for conditions (or when condition is not totally safe, which is the case when there is road construction going on, mist or fog, or when the road is wet and slippery due to heavy rain or snow) was a contributing factor in the crash.

Speeding increases the chance of an accident and, thus, compromises the safety of others on the road because it:

  • Reduces a driver’s reaction time to danger;
  • Makes slowing down or stopping the vehicle much harder;
  • Lessens a driver’s control over the vehicle and capability to react to whatever road danger he/she may be faced with; and,
  • Makes driver errors much more dangerous and can turn what may only be near misses into fatal crashes and total wrecks.

People who drive at inappropriate and illegal speeds offer these reasons to justify what can only be described as bad road behavior:

  • Trying to be on time for an appointment or for work;
  • The need to stick to schedules;
  • Not being aware of what the speed limit is;
  • Feeling that they are still driving at safe speed even when driving over the speed limit;
  • Keeping up with slower drivers (those who actually observe the speed limit) causes pressure;
  • They will not be caught anyway or, even if they are caught, any damage they may cause will be handled by their insurance provider.
  • They are still in perfect control of their vehicle despite driving too fast

Aside from increasing chances of car accidents, speeding, and more so, excessive speeding (which is driving more than 40 km/h over the speed limit), significantly affects the consequences of car crashes, so that, other than the possibility of causing major damage to properties, greater speeds can also easily result to severe injuries or death.

Though advances in technology and increased awareness of the importance of safety on the roads have reduced the threat posed to public health and safety by car accidents, Tucson car accident attorneys of Russo, Russo & Slania, P.C., say that car accidents still remain to be one of the leading causes of serious injury and wrongful death in the United States each year, and the sad truth is that far too many of these accidents could easily have been prevented.

Speeding is just one of the many causes of car accidents identified by the NHTSA. Other causes include auto defects, reckless driving, road defects and drunk driving, among others. Victims, howefer, shouldn’t have to deal with the repercussions and aftermath of accidents on their own if the accident is due to the reckless acts of someone else. With the help of a skilled lawyer, victims can pursue legal action which may enable them to recover compensatory damages resulting from whatever type of injury they sustain.

Understanding The Different Types of Spinal Cord Injuries

The spinal cord is a collection of nerves that runs from the bottom of the brain all the way to the back. It consists of 31 pairs of nerves that cover the arms, legs, chest, and abdomen. The spinal cord works hand in hand with the brain in communication with the muscles and causing the movement of the arms and legs. According to the website of Hankey Law Office, injuries in the spinal cord can be extremely debilitating.

Statistics reveal that vehicular accidents account for 36.5% of causes of spinal cord injuries followed by falls at 28.5%. Unlike other organs of the body, the spinal cord is unable to repair itself once damaged. There are two types of spinal cord injuries namely complete or incomplete. Let us differentiate one from the other.

In a complete spinal cord injury, there is a total absence of sensation and muscle function in the body below the level of injury. They often occur at any level of the spinal cord. Meanwhile, incomplete injury is characterized by some function below the injury. Like a complete spinal cord injury, the incomplete one can also happen at any level of the spinal cord.

Spinal cord injuries can have a wide range of symptoms. These signals are unique for each individual and may include the following:

  • Weakness or paralysis of the muscles in the trunk, arms, or legs
  • Absence of feelings in the trunk, arms, or legs
  • Muscle spasticity
  • Problems with breathing
  • Problems with heart rate and blood pressure
  • Problems with digestion
  • Absence of bowel and bladder function
  • Sexual dysfunction

It is worth noting that the symptoms of spinal cord injury are similar to other medical conditions or problems. It is best to always talk with your healthcare provider for diagnosis. The type of injury will determine the rehabilitation potential of the injured person.

The Mesothelioma Compensation Trust Fund for Mesothelioma Victims

Mesothelioma is a deadly type of cancer that results from exposure to asbestos, a highly elastic substance that is electricity, chemical, fire and heat resistant. Over the past years, the increasing cases of mesothelioma, in the United States and around the globe, has become an alarming concern.

Mesothelioma becomes manifest only 40 years (or more) after exposure to asbestos. It is during its long latency period, however, when it worsens so that, by the time it becomes diagnosable, it would have already developed into a stage wherein treatment is no longer possible.

In 2002, the number of asbestos claims lawsuits filed numbered to more than 700,000, while the number of companies that were named as defendant reached 8,400. Majority of those who filed lawsuits were already beyond 65 years old, while many of the companies, which exposed claimants to asbestos decades ago, are no longer in operation.

Though already out of business, due mostly to bankruptcy, these companies were required by law to set up funds for the purpose of compensating asbestos victims. This funding is known as Mesothelioma Compensation Trust Fund. Amount of compensation differs from one mesothelioma claim to another. Some victims are paid only a small amount, while others are paid millions of dollars. If computing the right amount of compensation is difficult, so is resolving a case. Thus, it may help victims and/or their families pursue the right amount of compensation the victims are legally entitled to claim if they would seek assistance from mesothelioma lawyers of Williams Kherkher, whose expertise may be prove useful in designing and delivering the argument that may merit the victim the judge’s favor.

Asbestos is special substance that became widely used during the mid of the 20th century. It is usually mixed with other substances to make cement, generators, turbines, boilers, steam pipes, brakes and clutches, insulators, gaskets, hot water piping, furniture, appliances, construction materials and many other different things. Asbestos’ remarkable usefulness made it a substance used in many parts of the globe. Many different types of workers have also been regularly exposed to it, including construction workers, electricians, firefighters, plumbers, processing plant workers, miners, shipyard workers, auto workers, machinists and many others.

It was not until after the 1990s that asbestos was banned, but only in some countries. In 2002 as many as 730,000 filed asbestos-related lawsuits and about 8,400 companies were sued by former employees whose works had direct and regular exposure to asbestos.