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The Hospital as Defendant in a Tort Case

Liability in a tort case can result to a person being held responsible for the actions committed or not performed by another. This is known as vicarious liability and, when applied in a workplace setting, it would refer to an employer being held accountable for the act or failure to act of his/her employee, provided that the act or failure to act can be proven to have occurred during the course of (the employee’s) employment.

Vicarious liability is often used in medical malpractice lawsuits, especially if the basis of the lawsuit is hospital negligence. This move is often resorted to by legal experts knowing that the medical personnel, who committed the injurious mistake, will not be able to afford the necessary amount of compensation to the victim; an amount, however, which the hospital’s insurance carrier can surely pay. Thus, instead of naming the person, who committed the error or failed to perform the correct procedure, as defendant, the defendant becomes the hospital. Besides the purpose of seeking compensation, naming the hospital as defendant is also intended to raise a message to the hospital owner/s and managers: ensure that quality care is provided at all times to prevent other patients from suffering any type of injury due to mistakes.

In 1999, a report, called “To Err Is Human,” was published by the Institute of Medicine (a nonprofit organization). The report claimed that every year during the 1990s, preventable medical errors caused the death of 98,000 people. Modern medical devices and the advancement of knowledge in the medical field was considered as solutions to fatal medical mistakes; however, instead of having the number of deaths reduced, the number of fatalities almost doubled. In 2010, the Office of Inspector General for Health and Human Services stated that 180,000 patients in Medicare alone die every year due to bad hospital care.

The Hankey Law Office clearly points out that medical professionals have a significant responsibility to the persons under their care, and when they fail in this duty then the consequences can be disastrous. Besides the fact that injurious mistakes committed by professionals must not go unpunished, so is the fact that the injured should never be denied of compensation. It would benefit injured patients to file a legal action through the help of a highly-competent medical malpractice lawyer.

When is it time for assisted living?

Although there is no concrete definition of assisted living for the elderly, it entails the long-term care plan for an incapable individual inside a facility (housing), which commonly includes health care, monitoring of activities to ensure safety, assistance on daily tasks, and many other more. Assisted living is not to be confused with nursing homes, which usually specialize in a particular medical help that is needed by a patient. For an elder, it is usually an alternative to living the remainder of the life in discomfort and pain. According to the National Center for Assisted Living, the average age of an assisted living resident is 85 years old.

Deciding when to send an elderly to assisted living depends on the situation of the elder’s family. The natural cycle of life may easily mean that the sons and daughters of the elders would set off to live their own lives, and this leaves the elder to care for themselves. Before sending off an elderly to an assisted living facility, be sure to review the signs that it is the right step to take.

Dementia and its complications are usually what push families to place their elderly in assisted homes. This would lessen the worry that the elder might disappear and not remember their residence. According to, sundowning (extremely agitated behavior) and aggression are also valid reasons. If the elder’s health demands more delicate care, it may also be time to put them in assisted homes.

Ultimately, though, the decision depends on the family of the elder. It is always fitting to examine your own living situation and assess whether it remains a good and healthy environment for your elderly. If the answer is no, it is definitely beneficial to both you and your elder to look into entering assisted living facilities.

What is Serious Personal Injury?

One of the prerequisites for a case to be eligible for a personal injury claim is the negligent act or failure to act triggered “serious individual injury.” Put simply, an accident which resulted merely in minor injuries like bruises and scratches may not qualify for judicial proceedings. So the inquiry is significant does the trauma have to be.

The results of significant personal injury can not be easy to recover from. Included in these are financial issues stemming from basic economic losses from lost days of function, inability to participate in revenue-generating tasks, together with affiliated expenses for healing, drugs, health care, and treatment. Other concerns in individual injury include pain and suffering, loss of companionship, loss of range, loss of enjoyment, or psychological distress.

In America, each state has a unique set of individual injuries laws. Generally speaking, serious personal damage is defined as any injury that results in disfigurement, dismemberment, or death. It may have loss of a fetus together with the long-term loss of use of a body associate, function or program.

For momentary incapacity, the harm is considered serious if it keeps an individual from doing material actions that are customary and normal in 90 to 180 days immediately following the occurrence that’s been categorized as irresponsible or tortious. This includes mental and psychological disabilities due to being included in this occurrence, for example, depression (i.e. loss of a loved one) or dystychiphobia (fear of accidents).

An Indianapolis personal injury lawyer would point out that it’s essential that the evidence sufficiently supports the allegations when making a claim for personal injuries.

Hit-and-Run Accidents: Compensation and Criminal Penalties...

In road accidents wherein people sustain injuries or get killed, state traffic laws require the involved drivers, especially the one who is unhurt and conscious, to stop and provide all necessary assistance to the injured; it is also obligatory for the able driver to contact traffic enforcers (and wait for them to arrive at the scene) if someone gets killed in the accident. If both drivers are conscious and without serious injuries, however, then they should exchange information regarding their identification, contact details and insurance provider.

Though state laws may differ with regard to the severity of the crime and punishment to be imposed on drivers who speed away from the scene of an accident, the following are basic legal consequences:

  • Suspension or revocation of driver’s license (in some states, permanent cancellation of license is imposed)
  • Imprisonment and costly fines
  • Cancellation of the liable driver’s insurance policy

Since 2005, the yearly number of hit-and-run victims has increased steadily, causing the U.S. Department of Transportation’s National Highway Traffic Safety Administration to be alarmed. The Administration’s records in fact show that, from 2009 to 2011, reported hit-and-run cases have risen from 1,274 to 1,449.

Hit-and-run, which is also called hit and skip, leaving the scene or skipping and fleeing an accident scene, means speeding away from the scene of an accident to avoid responsibility over an injured victim. This act, however, only makes matters worse both for the victim and the liable driver. On the part of the driver, leaving the scene can result to either a misdemeanor or a felony. This means time behind bars besides the punitive damages and compensatory damages he or she will have to pay.

For the victim, seeking compensation will be quite difficult, more so if there are no clues that will help identify who the liable driver is. Under this circumstance, the hit-and-run victim will have to collect from his or her own insurance policy. In states where no-fault auto liability insurance coverage is required, the victim can apply for a no-fault claim, otherwise, an underinsured or uninsured claim is the alternative option.

Understanding Gun Control

Gun control and laws are currently a heavily debated topic in America and have many in-and-outs that individuals looking to possess a gun need to understand. Although it is legal to own and possess a firearm in the United States, these gun control laws heavily regulate use among private owners of guns.

Gun control laws can vary by state and region as well. For example in rural areas where hunting is more commonplace, the gun laws may be less restrictive than in an urban area suffering from high crime rates and a higher population.

Before purchasing a gun, it is important to understand some common aspects of the gun control laws. Many states have begun to require a waiting period for those who purchase guns, meaning that there is a time in between the purchase of a gun and the allowed time when the purchaser can take possession of the gun.

Gun permits may also be required to purchase a firearm in some states as well. In addition, the individual purchasing the gun may be required to register the firearm by the state. A common gun control law that must be followed before purchasing a gun in some states is a required gun safety class. A background check may be also required before being allowed to purchase a gun as well.

Some guns are banned all together for purchase by private citizens including unregistered and illegal guns, concealed weapons, and assault weapons. People who are banned from purchasing a gun are convicted felons, minors, and aliens. No matter the person, however, guns are prohibited in nearly all states near or on school property or a school zone.

The punishments for violating these gun control laws can be steep. They include heavy fines, complete loss of gun ownership rights, probation, and even jail time as it is considered a felony to be found guilty of a crime involving a firearm. It is often necessary to contact a criminal defense lawyer if you have been accused of violating gun control laws. To learn more information about gun control laws and penalties, click here….