Medical Malpractice and What Personal Injury Lawyer Can Do About It?

Did you sustain an injury or illness because of negligence or wrongdoing of a medical professional? If yes, then you have the right to be compensated for the damages done to you. Medical malpractice is one of the common personal injury cases today and it comes in different forms. So, how will you be able to find out if you have been a victim of medical malpractice? What are the possible situations that could be a perfect ground for medical malpractice? Keep on reading below to find out.

Improper/incorrect treatment

A patient has the right to receive proper and correct treatment and care. A patient confidently goes to the hospital knowing that he/she is safe and that his/her health is best interest is being taken care of. An improper or incorrect treatment may include the following scenarios:

  • Administering wrong medication
  • Administering medication to the wrong patient
  • Performing medical and surgical procedure in an improper way
  • Not receiving treatment for your disease/ailment, which leads to further complications

Incorrect medical diagnosis/misdiagnosis

A patient has the right to be diagnosed and be properly diagnosed of his/her disease condition. Failure to diagnose the health condition of the patient can lead to pain and suffering and further

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complication of the disease condition. When filing for a personal injury claim for medical malpractice, you need to prove to the court of law that your health was compromised because of improper diagnosis. You will need the help of a personal injury lawyer who specializes in medical malpractice in that matter. A competent personal injury lawyer, like those from Neinstein & Associates, knows the ins and outs of the law and can represent your best interest in the court of law.

Not informing of the possible risks

It is the duty and responsibility of the medical provider to inform the patient and his/her immediate family of the potential risk that a certain illness, treatment, and procedures might cause. If the doctor and allied health care professional failed to inform you with these facts and you suffered complications, then you have the right to be compensated for the damages, pain, and suffering. The medical professional should be held liable and responsible and that you deserve to be compensated by all means.

What to do?

If any of the situations mentioned above apply to you, then know that you are not alone. Help is always available and that is in the form of a personal injury lawyer. The law protects the rights of the patients in receiving proper and correct medical care. However, the law is a complex one and cannot be easily understood by a lay person. Hence, you will need someone who will exercise the law for you. You will need a highly competent personal injury lawyer to sort things out for you. The lawyer will use his knowledge, expertise, and experience in the field of law. He makes sure that everything works in your favor and that you will receive fair and just compensation the soonest possible time.

Additional Resources:

https://en.wikipedia.org/wiki/Medical_malpractice_in_the_United_States

http://www.forbes.com/sites/learnvest/2013/05/16/10-things-you-want-to-know-about-medical-malpractice/

The Importance of Hiring A Toronto Spinal Injury Lawyer

Do You Really Need A Spinal Injury Lawyer?

Injuries involving the spine can be very dangerous. It will not only affect mobility, but as well as the functioning of the brain. This type of injury does need some time to heal and it can only be improved after strict compliance to medication and therapy. Not only that it requires time, but it also requires money; huge amount of money for medical care and rehabilitation. This type of injury can leave you empty handed considering the skyrocketing cost of medication, treatment, and therapy. If the spinal cord injury is caused by someone else’s wrongdoing or negligence, then you have all the rights to seek compensation.

A lawyer specializing in spinal cord injury is dedicated in helping you seek fair and just compensation. He will consider all important factors and will make sure that everything works in your favor.

The Importance of Proper Documentation

For your claim to push through, all pertinent documents should be presented. The lawyer will present all needed documents including the police report, doctor’s report, and so on. When it comes to calculating the cost of your claim, documents do play a vital role, especially when it comes to pain and suffering, emotional distress, loss of income, loss of potential income, inability to enjoy life to the fullest, and so on.

View this video produced by Toronto Injury Lawyer

Lost Future Wages

Loss of future wages takes the biggest part of the spinal injury claim. The lawyer will use his expertise to prove to the jury that the injuries you sustained hinders you from making huge potential amount of money. There will be income opportunities in the future, but your injuries hinder you to take advantage of those opportunities.

Long Term Disability Cost for Spinal Cord Injuries

Most of the time, patients with spinal cord injury are immobile. They will not be able to move themselves and so they would need help from someone. There should be someone who will look after the patient, assist the patient in activities of daily living including grooming, eating, and hygiene. A private nurse is needed, which will add up to the future care cost, not to mention the cost of medication and rehabilitative therapy. A personal injury lawyer specializing in brain and spinal cord injury will add the future care cost in calculating the overall value of your claim. He will make this as one of the focal arguments and will do everything he can to make sure that things will be on your favor.

Accident is always unpleasant no matter how minor the accident can be. A collision or even a slip and fall can lead to spinal cord injury. Injuries involving the spine and head can be very traumatic and most difficult to deal with. The patient doesn’t only have to deal with pain and suffering, but as well as the emotional distress brought by the accident. Victims usually are not able to move some parts of the body while others are completely immobile. The fact that you won’t be able to move your body immediately brought you to a stressful situation. The situation will not only be difficult for you, but as well as to your immediate family.

Hence, if you get involved in an accident in the Greater Toronto Area and you sustained spinal cord injury, consult a Toronto spinal cord injury lawyer right after seeking medical attention.

lawyer from neinstein & associates

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Lawyers specializing in brain and spinal injury can make things easier and less stressful for you. They will represent your best interest and will see to it that you will receive full compensation. They will do their very best to take away your anguish and sorrow. They will collect and prepare all pertinent documents, hire experts to determine the value of your claim, and will make sure that your claim will push through in a timely manner.

Additional Resources: http://www.lexpert.ca/

What to do if you have suffered workplace harassment

Last year, AMC’s wildly popular television series Mad Men wrapped up after eight years on the air. Besides being wildly hailed as an artistic triumph, the program shed a light on the pervasive cultures of workplace discrimination and harassment that dominated 1960s life. Take the clip below as an uncomfortable example:

Thankfully, improvements have been made since the 60s. Today, when you arrive at work in the morning, you should be able to assume that you won’t face the kind of bold-faced harassment that Mad Men’s leading women did. Still, businesses have a duty to ensure that their employees feel comfortable and safe. When they fail to uphold that standard, employees may have cause to contact a personal injury such as Toronto’s Neinstein & Associates to discuss a lawsuit.

Ontario’s Ministry of Labour published broad definitions of workplace violence and harassment in November 2013:

Everyone should be able to work in a safe and healthy workplace. The Occupational Health and Safety Act sets out roles and responsibilities for workplace parties with respect to workplace violence and workplace harassment, including developing and implementing policies and programs.

Definitions

Workplace violence means:

  • The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker
  • An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker
  • A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Workplace harassment means:

  • Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.

It is helpful to remember that these rules do not apply solely to office towers and boardrooms. In December 2015, a worker at a New Jersey Burger King was awarded compensation after being “sexually harassed by an assistant manager who made inappropriate sexual advances while they were both in the walk-in freezer.” Personal Injury Law Journal reports:

Petitioner filed a workers’ compensation claim for the sexual assault. The claim was ultimately settled for a lump sum settlement for $7,500. In addition to filing the workers’ compensation claim, the petitioner and her husband filed a civil suit against that particular Burger King store, the manager, and the assistant manager. The defendants moved for summary judgment, arguing that the civil suit was barred because the Division of Workers’ Compensation had exclusive jurisdiction. The Appellate Division agreed, holding that while the manager might have acted negligently because of failing to initially take any action against the assistant manager, his actions were not of the type that arose to the level of an intentional wrong under the Workers’ Compensation Act.

If you believe you have been subjected to workplace harassment or violence, you should contact a personal injury lawyer like Neinstein and Associates immediately.

Additional Information for Neinstein and Associates: http://findlaw.ca/lawyers/ontario/toronto/neinstein-and-associates-llp-685564/

What you need to know about the different types of personal injury lawsuits

Personal injury law is a large and complicated subsection of the legal landscape. Personal injury lawyers – like Neinstein & Associates, based in Toronto, Ontario – handle a wide range of injury complaints, often from clients who are unclear about the specifics of injury law.

In the unfortunate event that you suffer a serious injury, it can be helpful to have an idea of what personal injury law entails. FindLaw.com offers an excellent synopsis of what defines an “injury”:

Injuries can come from many different sources, whether they involve an intentional act (such as physical battery or slander), the negligent production of dangerous prescription drugs, or even tainted food. When you become injured through no fault (or limited fault) of your own, and another party is to blame, you may have a legitimate claim for damages.

The post also explains exactly what “damages” mean:

Damages is a term that refers to the monetary compensation the plaintiff is claiming the defendant is liable for. These damages are intended to make the injured party “whole,” according to legal theory. In some cases, the plaintiff may seek punitive damages on top of compensatory damages to punish the defendant for particularly unconscionable acts.

You can also learn a little bit more about the types of damages available in the YouTube video below, from Goyette & Associates:

These two excerpts are a great summary of what personal injury lawsuits are, and why people pursue them. However, it is also important to understand the specific varieties of injuries that can lead to a lawsuit. Findlay Law classifies the different types of injury into two groups. The first is cause, which includes car accidents, truck accidents, motorcycle accidents, pedestrian and cyclist accidents, slip and fall accidents, and medical malpractice. Their website describes this type of case as such:

When you classify personal injury this way, you describe the cause of the injury, but not the actual type of injury or the legal dimensions of the injury. Medical malpractice cases are in some ways different legally from car accident cases, and in other ways the same–what distinguishes them here is the event that causes injury.

The second group is defined by type of injury:

Another way to classify personal injury lawsuits is by the type of injury caused. This can be useful for a couple of reasons. First, people know what type of injury they suffered, and it can make it easier for them to find legal help. In addition, certain types of injury lawsuits depend more on the injury than on the cause, so picking a lawyer depends on finding one with experience and expertise with this type of injury.

Common injuries classified in this way include traumatic brain injuries, spinal cord injuries, wrongful deaths, and burn injuries.

A final subsection, which includes such claims as product liability and dog bites, is strict liability suits. Findlay Law describes it as such:

Most personal injury lawsuits depend on negligence: the assertion that one person’s inaction or action led to another person’s injury. There are cases, though, where personal injury lawsuits depend on what is called strict liability. In strict liability cases, the law says that one person was responsible for ensuring no injury occurred, and can be held responsible even if no specific act of negligence can be found.

If you have been injured under any of these sections of injury law, you should immediately contact a personal injury lawyer like Toronto’s Neinstein & Associates. They can help you assess your case and guide your next steps toward recovery and compensation.

Slip and Fall Accident: When to Contact a Lawyer

A slip and fall accident happens every day. Since it is a normal incident, how will you be able to find out if a particular slip and fall accident constitutes a lawsuit? Well, there are guidelines that should be met in order to qualify a lawsuit and those guidelines can be best explained to you by a lawyer specializing in personal injury cases.

Injuries after a slip and fall accident

A slip and fall accident takes place when a person slips and falls on a private property or business property and sustained injuries afterwards. Now, there are grounds for filing a slip and fall slip and falllawsuit. For an instance, the victim needs to prove to the court that the accident happened because the property or business owner has not done his part in maintaining his property and keeping it safe for everyone. If there is really negligence, then the victim has the right to be compensated. The types of compensation to be received vary depending on the nature and extent of the injury.

The victim has the right to be compensated for the following:

  • Medical bills/hospitalization
  • Pain and suffering
  • Loss of wages/loss of potential income
  • Inability to live life to the fullest

If you have been a victim of a slip and fall accident secondary to someone’s negligence, then consulting a personal injury lawyer is the best decision you can ever make. The lawyer will thoroughly man slips at grocery storeevaluate your case and determine whether you are eligible to receive compensation for the damages. The lawyer will also give advice as to what steps to undertake and determine whether your case is worth pursuing or not.

What can a personal injury lawyer do for you?

  • The lawyer will study your case and determine whether there are really grounds for a slip and fall lawsuit.
  • The lawyer will do all the necessary legwork such as collecting evidence, interviewing the people who have witnessed the accident firsthand, filing and presenting the necessary documents to the court, and will do all the arrangements and negotiations when deemed necessary.
  • The personal injury lawyer will use his negotiating skills for you to get the maximum settlement amount. If both parties do not come up with amicable settlement, then the lawyer will take the next big step and that is to file the case to the court.

What to keep in mind?

man falling on floorSlip and fall accident may sound like a normal incident that could happen anytime. However, if you sustained severe injuries, then you probably need to go to the hospital, be absent from work, and endure the pain and suffering caused by the accident. Your immediate family will be affected too, especially if you are the breadwinner of the family. Speaking with a lawyer from Neinstein & Associates right after a slip and fall accident can surely make a huge difference in your life. Make sure you get adequate representation to increase your chance of receiving fair and just compensation. Keep in mind that there is a statute of limitation, which can greatly affect the merit of your case. Do the right thing and hire a personal injury lawyer as soon as possible.

We recommend you look at the Neinstein & Associates review to see if they would be the best lawyer for your needs.