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Why It is Worth Suing Over a Medical Malpractice Incident

Posted by on 9:13 pm in Birth Injuries, Medical Malpractice | 0 comments

After the tragedy of losing someone (or someone you love becoming seriously debilitated), it’s easy to want to give up everything. Responsibilities like bills, work, and even familial and friendly relationships can seem too great a burden. This is completely understandable and forgivable. Most people and even businesses will forgive a few slips after such a catastrophic event.

For all that, it is important for those close to them to help the people deal with those responsibilities because they do not go away forever. In fact, there are new responsibilities that must be added, whether it is funeral arrangements or arrangements for long-term care. Another important issue that really should be recommended for all those involved in such events is that they consult a lawyer to see if there has been any medical malpractice.

Medical malpractice can get a bad name in some circles, but it is an important part of the law designed to make sure people who have had relatives injury or die due to medical negligence or mistakes are compensated. That compensation is often key for the long-term financial future for those who survive these incidents.

Consider some of the expenses that compensation can cover. According to The Resmini Law Offices, those expenses can include:

  • Medical expenses present, past, and future for the person who has suffered from medical mistakes
  • The costs for rehabilitation, therapy, counseling, and specialized medical equipment
  • The pain and emotional distress of the entire event (which may require counseling and therapy for others in the family)
  • Lost wages either for the individual involved in the accident or for others who must take care of them
  • The loss of pleasure in life, which cannot be overestimated

In addition, other costs may be added, such as the cost of funeral expenses, debts accrued during the medical event and after, and the need for income while everyone recovers from the traumatic event.

It seems senseless for the burden of all these costs to go on those who have not been responsible for the accident that took place. While there may be room for debate whether there should be a cap on these costs or not, their existence should never be questioned.

So, for anyone going through the difficult times after a loved one passes or has been seriously injured, be sure to consult a lawyer. It is possible (in fact very likely) that no mistakes were made, but don’t let the moment pass just in case. If a mistake was made, and too much time passes, nothing can be done, and those debts will remain with you.

If you know someone who is going through this, be sure to recommend they follow this advice. In fact, send them to this article. Filing or not filing a suit can make all the difference between a moment of tragedy and a lifetime of tragedy. Make sure you (or those you care about) make the right decision.

Issues with the Wage Gap in the United States

Posted by on 4:15 am in Employment Law, Wage Gap | 0 comments

The wage gap in the United States is one of the largest socioeconomic issues our generation of workers is currently facing. According to World Economic Forum, Asian women have a pay gap of 16%. White women earn 75% of what white men do, while black women earn 65% and Hispanic women earn 55%. Minorities in the workplace have always been subject to lesser conditions, not limited to but including the issue of the wage gap. Employers often continue in these unjust manners because they do not fear potential repercussions from the people they treat unfairly. The amount of work these employees put in for their wages is often underappreciated and under-compensated. They can face strict reprimanding actions if they cause a commotion over their mistreatment. This environment where inequality is rampant must be dealt with to ensure the future is brighter for new workers everywhere.

As the beautiful capital city of Austin, Texas, continues to attract tech companies and other large start-ups it is important that these new businesses provide adequate wages and conditions for their workers. Many companies do a good job at resolving these issues, but several overall factors influence these statistics. For one, Austin’s status as a sanctuary city for immigrants who are undocumented and would otherwise be deported changes the entire demographic of the workforce. Many undocumented laborers reside in Austin and are contributing to projects in any job they can get their hands on. Secondly, Austin is typically known as the state’s liberal center, which has lead to a significant portion of the population being open advocates for equal pay or other workplace inequalities faced by minorities. Lastly, Austin is a place of refuge for many creative people who bring their skills to the local economy.

While the growth in local businesses is extremely beneficial to our economy within the fabled city limits, it is important to note that existing business who do not share the same vision of equality for workers still exist within Austin. If one of these bad companies attempts to underpay or abuse their employees, it is the responsibility of that individual to challenge their behaviors through the assistance of a competent employment lawyer. These abusive companies will often employ very skilled lawyers who can protect their businesses’ interests more adequately than they can safeguard the Commonwealth of the population. The inequality among minority laborers has no place in the opportunistic environment Austin is known for.

The scenic city of the violet crown is home to countless businesses who contribute to the flourishing economy of the world and the state of Texas. Companies based here typically provide adequate wages for their employees, but with development happening in all areas of the city, it is imperative that these standards stay consistent. The capital city will not stand for inequality of any kind, but the Austinites will not stand for the abuse of workers on behalf of companies whose only concern is profit. This behavior is not acceptable in the vast city of Austin.

Workers’ Compensation

Posted by on 5:13 pm in Workers' Compensation | 0 comments

No job is entirely safe from accidents. No matter if the work place is an oil-drilling site, a restaurant cashier, or an office building, accidents can happen anywhere. The only way to avoid this is exercising caution and proper training, and even that may not stop a faulty desk or scaffold from breaking and keeping the victim out of work.

The Des Moines workers’ compensation lawyers at LaMarca Law Group agree that employee safety should be a company’s first priority, so they fight on behalf of the victim to get the compensation they deserve for their pain and suffering, as well as use the case to set an example for future safety regulations, because a workplace injury helps no one.

Workplace injuries can include, but are not limited to:

  • Office injuries
  • Construction site injuries
  • Repetitive motion injuries
  • Head/neck injuries
  • Spinal injuries
  • Slips/falls
  • Toxic substance exposure

To be sure the victim gets all the compensation they deserve for their suffering, the Des Moines workers’ comp lawyers recommend calling them because there may be a negligent third party at fault. This is called non-employer and could get complicated quickly, so dealing with it alone is not in the victim’s best interest.

For example, Company A buys new tools from Company B to speed up a construction project. Worker C takes the new tools at their boss’ request and does their work as usual, but the new tool is more difficult to manage that Worker C and Company A expected.

Since Company B did not provide proper manuals or training, a lawyer can prove them negligent along with Company A for not giving enough information and training to keep Worker C safe. Both companies could have prevented the accident with proper training.

Hypnosis as a Cure for Addiction

Posted by on 3:27 pm in Hypnosis as a Cure | 0 comments

Cocaine is the second most popular illegal recreational drug in the United States (after marijuana). Though approved for medical use due to its medicinal properties, thousands of Americans necessitated emergency medical treatment due to overdose. Due to this, many cocaine users feel the urgent need to cure themselves from their addiction to this addictive substance.

Thousands of cocaine and other illegal drug users have undergone rehabilitation; however, so many of them go back to using this recreational drug even while still in prison or right after rehab treatment. This leads to the questions: “Did these people receive the right type of treatment or the kind of treatment that they particularly needed” and “Should drug rehab treatment be personalized or is just one method of treatment already effective for all?”

Doctors and many others work hard in helping people cope with their cocaine addiction; however, the process of treatment may just not be the right and needed process. This is because addiction to drugs, as seen by hypnotherapists, is just a quick and easy way to change ordinary, everyday reality from unbearable to bearable, so that people who are dependent on these are merely using these illegal substances to allows themselves to experience a tremendous euphoric emotion, as some sort of a crutch to get through the day. This means drug addiction is not the real problem that has to be addressed as this is just an outlet or maybe a result of something else.

Different from medical treatment or attendance to meetings which no one knows how long one has to attend, hypnotherapists rather offer a treatment that will address the root of the problem: Hypnosis. Hypnosis will go to the root cause which led a person to trying cocaine, and to trying it again and again and again until he/she becomes addicted to it.

Some people think that addictions form simply because of the way drugs, alcohol, and other addictive activities make you feel. While it’s true that pleasurable effects contribute to the addictiveness of certain substances and activities, this is only one piece of the puzzle. The root of addiction stems not from the substance or activity itself, but from some other underlying condition that causes a person to seek out drugs or alcohol in the first place.

Many people begin to use drugs or alcohol to escape from some pain or anguish in their lives. By confronting the inherent cause of an addiction and working to alleviate whatever condition or emotion a person is trying to escape from, hypnosis helps mitigate addiction faster and with a more prolonged effectiveness. Through hypnosis, individuals who are ready to fight their addictions (whether from smoking, alcohol, cocaine and crack addiction, prescription drugs, including opioids, gambling, meth, and/or porn) may receive the specific treatment that they really need – one that is safe and non-intrusive.


Three Power Morcellators recalled by Johnson & Johnson

Posted by on 5:03 pm in Uncategorized | 0 comments

Ethicon is the unit of Johnson & Johnson that is responsible in the manufacture, sales and promotion of the pharmaceutical giant’s power morcellators, namely, the Gynecare Morcellex, the Morcellex Sigma and the Gynecare X-Tract. On April 30, 2014, however, Ethicon had to cease the distribution and sales of said devices, and ordered the withdrawal of these devices from the market. This was in response to the safety alert issued by the U.S. Food and Drug Administration on April 17, 2014, which discouraged doctors and hospitals from the continued use of power morcellators in laparoscopic surgical procedures, specifically in the removal of uterine fibroids or myomas through myomectomy and in the removal of the womb or uterus through hysterectomy.

The FDA’s safety alert is based on medical reports regarding the possible spread of unsuspected cancer tissues, called uterine sarcomas, during morcellation treatment of women with uterine fibroids. Due to the lack of a device that can accurately detect the presence of uterine sarcomas, risk of spreading it beyond the uterus can happen as uterine fibroids are divided (or morcellated) into pieces.

Power morcellators are medical devices designed to cut an overgrown uterus or fibroids into pieces tiny enough to allow them to be extracted through 0.5-1cm incisions. These devices have been approved by the FDA to be used in laparoscopic (minimally invasive) surgeries. Since the early 1990s, many doctors began preferring power morcellator-aided laparoscopic surgeries over open surgeries (such as abdominal hysterectomy, which required incisions between five to seven inches long) due to the former’s many advantages, including tiny incisions that healed faster, shorter hospital stay, lesser blood loss, reduced pain and minimal chances of infection or complications.

Johnson & Johnson introduced three of the best engineered power morcellators in the market in 1998 which, many believe, actually set the standard on the way the device should be designed. Despite the accuracy and efficiency of J&J’s power morcellators, though, and the overall benefits these provide, the FDA still find the risk of cancer not worth continuing the use of the devices.

Up to 50,000 morcellation treatments are performed in the US every year, with most of these for the purpose of removing uterine fibroids. In a number of U.S. states, morcellator lawsuits are on the rise, adding to the growth in the number of women seeking compensation. Though FDA’s safety alert does not totally stop doctors from using power morcellators, the FDA reminds them of their major duty in informing patients of the risks associated with the procedure.

As stated in the website of the law firm Williams Kherkher, morcellators are no longer uniformly recognized as safe and effective medical devices to perform hysterectomy or myomectomy. Study results that demonstrated a significant correlation between the use of the devices and cancer growth is the reason why Johnson & Johnson recalled three of its power morcellators. Anyone suffering from cancer growth after a surgical procedure involving a morcellator, you can hold responsible the medical device manufacturer whose product caused you harm.

Some Facts about Nursing Homes

Posted by on 8:43 pm in Nursing Home Abuse | 0 comments

The Nursing Home Reform Act was passed into law by the U.S. Congress in 1987. This Act states that nursing homes participating in Medicare and Medicaid, or receiving Medicare and Medicaid funds, should “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.” (http://www.nursinghomealert.com/federal-nursing-home-regulations-and-state-laws)

The Federal Nursing Home law is another decree which says that a “resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.” (http://www.nursinghomealert.com/signs-of-nursing-home-abuse)

These laws were passed to ensure the safety and to protect the interests of the more than 1.5 million residents in at least 15,000 nursing home facilities in the United States. Nursing home residents include elders, individuals in need of rehabilitative therapy and those who are physically or mentally incapacitated – people who are in need either of short term care as they recover from an illness, or long term care and supervision due to their medical problems.

Though designed like a hospital, a nursing home facility only provides hospital-like care for people who need not be in one but who also cannot be cared for at home. However, due to the medical needs of some residents, most facilities, therefore, employ skilled nurses and nursing aides on hand 24 hours daily.

A nursing home facility should be registered and licensed by the state and, to ensure that it complies with the standards for care and services required by the state, a once a year inspection of the facility is made by a state inspector.

The laws, the inspection and the facility’s promise of quality care, medical assistance and assistance in daily living activities (which include eating, bathing, toileting and dressing) seem to have effect only up to the front doors of some facilities because as soon as these doors close behind a resident, it is often a different kind of experience.

Contrary to the assurance of full care and attention, and compliance with state standards, so many nursing homes have rather become a den for abusive and disrespectful aides and some employees.

Though news of abuse and neglect committed against nursing home residents have been more frequent recently, thousands more are believed to be unreported, especially the more sensitive and humiliating cases, namely, sexual abuse.

Though infuriating, the fact is, hundreds of thousands of nursing home residents, mostly elders (who is a parent, a brother or a sister to someone) are rendered as defenseless victims to different acts of abuses, including physical, emotional, financial and sexual abuse. The many forms of ill-treatment are mostly committed by the employees themselves in facilities where there is a lack of qualified and properly trained staff (some abuses, though, are committed by co-residents or by visiting kins). Due to the not enough number of employees, staff members air a common complaint: they are overworked due either to the very demanding needs of residents or because some residents are just too demanding.

Chicago nursing home abuse lawyers explain that families have every reason to believe that their loved ones will only be treated with dignity and compassion throughout the duration of their stay in a nursing home facility. If this trust is breached, however, not only do they have reason to be angry, but they also have the right to take a decisive legal action against the responsible party – to punish the abuser, to bring to the attention of the facility owner the acts of abuses committed in his/her facility, and to pursue compensation for their loved one’s sufferings.

Permanent Disability Workers’ Compensation

Posted by on 2:31 pm in Workers Compensation | 0 comments

A severe accident may leave a worker permanently disabled or disfigured. In some instances, the employee may be entitled to receive workers’ compensation for the remainder of his or her life. These awards are designed to compensate for the severe financial impact that permanent injury can cause. Permanent injuries result in lost wages, extensive long-term medical costs, and a decreased work capacity. If a permanent injury or disfigurement prevents an individual from finding gainful employment, workers’ compensation can keep the person out of financial distress.

The compensation—both the dollar amounts and the length of time it shall be received for—are dependent upon the injury and generally determined on a case-by-case basis. The most common compensation is two-thirds of average wages.  Compensation rates differ depending on whether the victim suffered permanent partial disability or permanent total disability.

A doctor will determine the level of damage, and compensation will be set accordingly. For a permanent partial disability, the length of compensation is dependent upon the body part that received damage. If a 100 percent loss of functioning in a hand entitles a victim to 200 weeks of compensation, a 50 percent loss of functioning entitles the victim to half of that—or 100 weeks of compensation. Partial loss of functioning of only a thumb, however, may only result in a few weeks of compensation. The total amounts awarded vary depending on a number of circumstances.

Individuals who suffer permanent total disability in a body part may be awarded permanent total disability compensation. This compensation generally covers medical expenses and 2/3 of lost wages for the remainder of the injured person’s life.

Permanent disfigurement compensation may be awarded when the individual suffers severe scarring on the face or head, or permanent damage to an internal organ. Workers who experience permanent disfigurement in a workplace accident may receive between $10,000 and $20,000.

The High Risk Driver for Insurance Firms

Posted by on 7:08 pm in High Risk Drivers | 0 comments

Thousands of drivers in the US remain to be uninsured despite carrying car liability insurance or financial responsibility being a mandate in all states (car insurance is not required on drivers in the states of New Hampshire and Virginia, however, they still need to prove capability to provide sufficient funds in case of an at-fault accident; this can be done by posting a bond or cash). The truth is many drivers find insurance policies expensive. Worse, some insurance firms make situations harder for drivers as these continue to look for ways that will enable them to increase premiums.

One way to justify high premiums is by proving that someone is a high-risk driver. Insurance firms identify drivers to be high-risk based on any of the following factors:

a. A driver’s age and driving experience

Young drivers, due to their lack of maturity on the road and lack of experience behind the wheel are more prone to accidents than experienced drivers. Due to this, they are considered high risk drivers by insurance firms. It does not end here, though, for even those who have been operating a vehicle but for only a few years, despite their not having been involved in any type of accident or not having incurred any traffic violation, are also considered by these firms as high risk simply because their driving behavior is still difficult to accurately determine.

b. Type of car driven

Driving a high-powered sports car renders drivers more prone to accidents than those driving regular passenger cars, thus, regardless of how long a person has been driving, he or she will definitely be paying expensive premiums.

c. Driving history

Having been involved in a car accident recently or for a number of times, or having been cited for reckless driving or DUI, will have major effects on the cost of an insurance policy. It is sad to know, however, that some insurance firms make even parking tickets one of the reasons for making insurance coverage more expensive.

d. Need to carry an SR-22 filing

An SR-22, also called certificate of insurance, is required by the court on drivers who have been cited due to driving without insurance or those whose license has been revoked or suspended for whatever legal reason.

For drivers with a suspended license, carrying an SR-22 filing is necessary in order to have their driving privileges or license reinstated. An SR-22 usually lasts form three years; for those charged with DUI, it can be extended up to five years.

The high cost of premiums required by some insurance companies can really be a burden to many drivers. According to Franklin, Wisconsin car accident attorneys, by searching online to compare auto insurance rates or by asking for quotes from independent car insurance companies, drivers will find a really great deal that is within their budget – this is regardless of their age, driving experience and history, type of car driven, or need for SR-22 filing.

Benefits of Water Softeners

Posted by on 6:27 pm in Water Filters | 0 comments

Water! Have you ever imagined how clean real water is? If it’s actually genuine, then why does it sometimes seem uncertain, gives off a strange odor, have the taste of chlorine, or makes a dark or corrosion-orange stain in toilets, bathtubs, basins, etc.?

Make certain, nevertheless, that you have a good water softener. Compared to one that is wanting in quality, a good water softener, for example, can offer you around a decade of fantastic lifestyle and operation.

Reduce the adverse side effects of hard-water by using water softeners – an apparatus built to remove magnesium, calcium, as well as other metals present in hard water. Soft water offers a handful of benefits, a number of which are: restoration of the rich cleaning skills of liquids and cleaners, hence reducing soap consumption by as much as 50%, as well as, eliminating the need for chemical based cleansers; allowing soap to be washed thoroughly from skin and hair, making them cleaner, healthier, and smoother. It entirely rinses away laundry liquids, producing softer clothes, while protecting white fabrics. It also makes glassware and silverware spotless and shiny; leaves no spots on tubs, sinks, tiles, etc.; makes water-based devices more effective and last longer; and lastly, notably decreases the chance of the blockage or damage of plumbing pipes and additional accessories.

The United States fresh water supply is appropriated to be 85% “hard water,” because of its high content of minerals, for example, calcium and magnesium-containing materials, like dolomite, chalk, and limestone. The World Health Organization claims that hard water, when drunk, really doesn’t endanger one’s health. Regardless of this wellness benefit to people (at the same time as it benefits plants and animals), hard water, however, provides quite a few unfavorable outcomes, including: the synthesis of limescale in water heaters and kettles; not enough suds formation when soap is mixed in water; the growth of stains on tiles, basins, plumbing pipes, and water heaters; the plugging up (and eventually ruins) of pipes, taps, as well as other water-based devices, like dishwashers and washing machines; dryness of the skin and hair; and, injury to silverware and clothing.

Morcellator Lawsuits

Posted by on 10:33 am in Morcellators | 0 comments

A sequence of morcellator litigations is now being filed after the series of inspections being carried out by the Food and Drug Administration (FDA) pertaining to claims that the medical-device raised the patient’s risk for leiomyosarcoma, uterine cancer, uterine sarcoma along with other low-cancer uterine ailments. Because the inspections are relatively current (the FDA first issued a warning against the utilization of strength morcellators in April 2014) to physicians and hospitals, the number of lawsuits remain in the double-digits, however you will find strong indications that these may soon transform.

The original criticisms were based on the fact that the manufacturers did not provide the adequate caution that power morcellators raised a patient’s danger of developing uterine-associated malignancies. The producers understood or must have known that these threats existed before launching the product on the market by executing clinical studies if they had carried out their duty of care towards individuals.

The FDA may have unwittingly supported this by failing to require medical studies from producers. The FDA doesn’t theoretically agree on each medical device, but just clears them for selling. With morcellators, the primary one to be offered in the market was cleared by the US Food and Drug Administration in 1991 using 510(k) review or an Marketplace Notification and at that moment did not demand medical studies. This provided a precedent for succeeding morcellator goods.

As said on www.williamskherkher.com/practice-areas/defective-pharmaceuticals/morcellators, there has been a remarkable fall in the utilization of morcellators in a laparoscopic operation involving the womb after the FDA warning, but prior to that power morcellators were considered the better option for gynecologic surgeries. Because it had been designed to be minimally-invasive, the infection risk was substantially smaller and healing and recovery were faster than normal hysterectomies and myomectomies, to identify a few. Current events have shown the advantages may be insufficient to outweigh the attendant hazards of morcellator facet results.

Regardless, morcellator litigation lawyers may mention that medical device manufacturers are well aware of the responsibility to extensively examine their goods for side-effects prior to selling them and warning the public about these hazards. The litigants against morcellator manufacturers claim that the defendants failed in these responsibilities.