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Wisconsin and medical malpractice

Posted by on Oct 2, 2017 in Medical Malpractice | 0 comments

Medical Malpractice is one of the top three leading causes of death in the United States, according to Johns Hopkins Medicine. There is a reason that the state of Wisconsin does not have the malpractice lawsuit statistic to match this leading cause of death. Wisconsin has strict laws regarding who is actually eligible to file a lawsuit after a malpractice death or injury. According to Wisconsin law, only the spouse, or minor child of the deceased is allowed to file a lawsuit on medical malpractice, which excludes a large party of people who do not fit those categories.

Knowing the rare nature of winning medical malpractices in Wisconsin, there have been two recent wins for these suits, which is astounding. The first win comes from Deshawn Gray who checked into the Wheaton Franciscan Hospital in 2012 at age 28, for a fractured knee after a motorcycle accident. Shortly after the surgery to repair Gray’s knee, he developed acute compartment syndrome, which means his tissue and muscles were swelling to the point that it cut off the blood supply, which caused the nerves to die, and for Gray to lose his leg.

Wisconsin has medical malpractice caps on rewards. Gray should have won $1.5 million to compensate for medical bills, pain and suffering, the loss of companionship of his 7-year-old son, and any future medical bills. However, in order to ensure he receives something, Gray agreed to get the $750,000, in order to not get the whole reward taken away.

Wisconsin law strikes again as Colleen Daniels dies due to medical malpractice, and no one can sue for her. Colleen came to the hospital in 2011 after a car accident, and as the doctors shoved a breathing tube down her throat, down the wrong pipe into her stomach, as she suffered and paramedics tried to take the tube out, and the doctor would not let them. Unfortunately for Daniels, she was divorced, and her kids were 18 and older, so the state of Wisconsin, would not let anyone sue on her behalf for medical malpractice.

To get around Wisconsin’s strict law, Daniels attorney opted for a pain and suffering suit on behalf of the estate, which let the case be settled outside of court. The doctor’s medical license was suspended, and the Daniels family received “low six figures” in compensation, mostly from the doctor’s insurance.  

With harsh laws facing the victims of medical malpractice in Wisconsin, it is important to know if you can file a lawsuit, and to a hire a lawyer to either help you get around these laws or help you win the compensation you deserve if you qualify. There are many things you can receive compensation for, including medical bills, ongoing rehabilitation/therapy costs, costs of missed work, and pain and suffering. Hiring a lawyer is the first step if you or a loved one has fallen victim to medical malpractice. There is no reason you should suffer financially as well as physically and emotionally.

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Types and Benefits of Bridges

Posted by on Jun 15, 2017 in Dental Care | 0 comments

According to the Babylon Dental Care clinic, “A bridge is a great solution for replacing missing teeth. It can be constructed from metal, all-porcelain, or a combination of metal and porcelain. You can either choose from a fixed bridge or a removable bridge. Once our trained dentists evaluate your teeth and gums, we will decide which type of bridge is best suited for your dental needs.

Your new smile will once again look aesthetically pleasing and natural looking, too! You can expect your bridge to last anywhere between 10-20 years, depending on your at-home oral hygiene care and your regular visits with our hygienists.”

Dental bridges are most beneficial to anyone who is missing a tooth or several teeth. Dental bridges, which are also known as pontics, are actually false teeth that are fused between a couple of porcelain crowns, to fill in toothless areas. Besides this, dental bridges also help lessen threats of gum disease; these also help to improve speech.

A bridge may be done directly in a patient’s mouth or out-of-the mouth. It is made to fit a patient’s mouth naturally, casting an appearance of a complete set of teeth. The American Dental Association (ADA) says that there are four types of dental bridges that a dentist may recommend:

  1. Traditional Dental Bridges. This most popular kind of bridge consists of one or more pontics or fake teeth. These are held in place by dental crowns, also called abutments, which are cemented onto the teeth adjacent to the missing tooth. Traditional bridges, however, can only be used if the teeth on both sides of the gap are natural. Their strength though makes it possible to replace even molars.
  1. Cantilever Bridges. These are very similar to traditional bridges, except for the fact that the pontic is supported by an abutment on only one side. This type of bridge makes it possible if there’s only one natural tooth next to the gap.Since the support is only on one side, however, the National Institutes of Health (NIH) says that this type of bridge may eventually lead to complications, such as loosened crowns or fractured teeth.
  1. Maryland Bridges. An alternative to traditional bridges, Maryland bridges consist of a pontic held in place by a metal or porcelain framework that is bonded on the backs of the teeth adjacent to the missing tooth. The adjacent teeth need not to be filed (as in the case of traditional bridges) since this type of bridge is not held in place by crowns, but by resin.
  1. Implant-Supported Bridges. This type of bridge is the option if there is more than one tooth missing. Dental implants, instead of crowns or frameworks, are used to support Implant-Supported bridges. One implant is usually placed for every missing tooth; thus, the bridge is held in place by a series of implants.

Whatever type of bridge you choose, you are sure to enjoy the following: restoration of your smile; restoration of your ability to properly chew and speak; and, you will maintain the shape of your face.

 

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Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

Posted by on Apr 29, 2017 in Divorce & Family | 0 comments

Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

According to the law firm Higdon, Hardy & Zuflacht, in the state of Texas, “Alternative Dispute resolution is authorized through Title 7 of the Texas Civil Practice and Remedies Code. A court may, on its own motion or on the motion of a party, refer a pending dispute for resolution by an alternative dispute procedure (either Mediation or Collaborative law).

Mediation uses a trained neutral mediator to attempt to resolve the dispute, while collaborative law is a hybrid process that involves each client bringing a trained lawyer to the table to negotiate the divorce. Either of these options could help you to retain control during your divorce proceedings. If you are considering either of these options to settle your divorce, consider seeking help form a knowledgeable alternative dispute resolution attorney for a peaceful, faster, controlled and less costly divorce.”

Many divorcing couples can now choose from the many alternative dispute resolutions available. Unlike in the past when divorces were settled in courts, requiring spouses to spend so much money, bear with the length of the process which may take a couple of years, sometimes even more, especially if it is a high-profile divorce (depending on the issues that need to be settled and how fast the spouses agree with each other over such issues – child custody and visitation rights, child support, spousal support or alimony, and division of properties, assets and debts) and end up hating each other, today’s alternative resolutions allow the spouses themselves (not a judge) to decide on the issues; these also cost cheaper that a court-litigated divorce, are faster to settle and leave the spouses friends to each other despite the need to end their union.

One type of alternative dispute resolution is mediated divorce or mediation. Mediated divorce is a private process and does not require the presence of a lawyer (though any of the partners may be assisted by one if he/she wishes). Through the help of a mediator, who is chosen by the couple and who makes suggestions regarding what may be the best options (to settle divorce and all other issues) based on the couple’s circumstances, the couple makes the decisions on how everything will be settled.

There are other benefits that make the mediation process more advantageous than a court procedure, some of these include:

  • Confidentiality: while the spouses have a free hand in making decisions that will work best for both of them, their personal lives and interest are also kept from becoming public news and gossip. In the mediation process, whatever transpires is kept between the couple (and their lawyers, if they each have one) and their mediator.
  • Cost: a court settlement can take weeks, months or even a year to finish, while a mediation process may take only hours or days, saving the couple from incurring off time from work and costly court fees.
  • Compliance: since the issues were decided by the couple, making sure that each party abides by the decision is more ensured.

The mediation process is gaining greater popularity in settling divorce and other related issues as it also makes the process less stressful for the divorcing parties. The process also builds an air of respect and friendship that may determine the couple’s attitude towards each other, even long after the divorce has been settled.

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Types of Corporation

Posted by on Oct 18, 2016 in Business | 0 comments

A Corporation is a type or business entity wherein a group of shareholders assumes an existence that is independent of the individual shareholders, making this group’s powers and liabilities, therefore, distinct from those of its members.

A corporation limits the liability of shareholders; thus, even if is held liable for damages in a civil suit, the most shareholders can lose would be their investment in the stock. Personal properties and assets of shareholder are not on the line for corporate liabilities.

A corporation has four main types: C Corporation; S Corporation; Limited Liability Company (LLC); and, Nonprofit Organization.

  • C Corporation. Under the U.S. federal income tax law, a C corporation is a type of corporate business entity that is taxed separately from its owners. The number of shareholders in a C corporation, whether foreign or domestic, is never limited.
  • S Corporation. An S corporation is a special type of corporate business format that was formed through an IRS tax election. Under the S corporation set up, company income, deductions, and tax credits flow through to shareholder, thus, income is taxed at the level of the shareholder instead of at the corporate level. While an S corporation limits the financial liability of a shareholder, this may not apply in litigations due to workplace incident.
  • Limited Liability Company (LLC). An LLC combines the elements of a partnership and a corporation. While the company’s existence is separate from its members, allowing it to exist even if one or more members withdraw, all business profits and losses are reported on members’ personal tax return. LLC members also enjoy limited liability in the event that the company incurs huge debts or goes bankrupt. This means that members’ properties and assets of are protected from being taken by creditors in payment of company debts.
  • Nonprofit Organization. This type of corporate business entity uses surplus revenues in achieving its goals rather than distributing them as profit or dividends.

As the firm, Russo, Russo & Slania, P.C., explains in the website, establishing a new company is an exciting move, however all decisions can have a substantial impact on the future of the business. From a legal standpoint, there are a range of different choices that must be made which can profoundly influence the course of a company’s development and progress. Advice from a qualified legal professional can prove invaluable, especially for entrepreneurs.

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The Most Dangerous Breeds of Dogs

Posted by on Jul 13, 2016 in Family Safety | 0 comments

On January 3, 2016, a 9-year old boy was brutally killed by his half-sister’s three pit bulls after he was left alone with the dogs. The three animals, a mother and two offsprings, were raised by the owner herself, who also said that she has no idea what made the animals do what they did to her brother.

On February 7 of the same year, a 3-day old male infant was bitten on the head by their family dog, a male labrador-shepherd mix. Prior to the accident, the infant’s 21-year old mother placed him in a plastic laundry basket and laid the basket on the floor beside the couch where she fell asleep. It appeared that the basket was used by the dog as bed. Finding an infant where he was supposed to sleep, the dog was said to have tried to pick the baby up. The autopsy report said that the infant died after the dog’s teeth pierced his skull which caused brain injuries.

There are hundreds more of stories that tell about the scary reality of babies, children, senior citizens and people in different age brackets getting attacked or bitten by dogs. According to the Centers for disease Control and Prevention (CDC), more than 4.5 million dog bites are reported in the United State every year. In 2012, more than 27,000 people necessitated reconstructive surgery due to dog bites, while in 2015, there were 34 dog bite-related fatalities.

Though many different breeds of dogs have been known to cause injuries and/or death, the top two breeds that cause the most harm are Rottweilers (second) and Pit Bulls (first in the list of most dangerous dog breeds). A 1982-2014 compilation of dog attack deaths and injuries show that Rottweilers harmed 538-5 individuals and killed 85 others; Pit Bulls injured 3,397 people and caused 295 fatal attacks.

According to The Benton Law Firm, in a number of states, like in Texas, for example, owners of dogs which happen to cause injury to someone can be held liable (and may even be criminally charged). If a dog, however, kills someone, then its owner may even be charged with a second-degree felony and may face up to 20 years in prison. A civil lawsuit,on the other hand, can help the victim claim compensation that would cover medical expenses, lost wages, or pain and suffering.

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Possible information sources after a truck accident

Posted by on Mar 6, 2016 in Truck Accidents | 0 comments

Aside from obtaining information from the police and media outfits after a truck accident, victims of such incidents or their families may also want to get studies conducted by government agencies or data from the vehicle’s computer tracking systems. Information gathering is important in supporting your claim for you to possibly get compensations you need for recovery.

Agents from the federal and state agencies also respond in truck accidents to conduct their investigations. A police report often does not include other factors of a truck accident, like driver errors, road conditions, mechanical failures or driver errors. Government agencies like the Federal Motor Carrier Safety Administration (FMCSA) thoroughly investigate other factors that may cause trucking accidents. Results of investigations are used in studies to make laws to promote road safety. Examining truck accident studies is important mostly if you suspect that a negligent truck driver is liable to your injuries. The FMCSA and the Georgia Department of Public Safety have rulings that truck drivers are well rested for a number of hours before driving huge commercial trucks. Using such information may strengthen your claim mostly if you found out that the truck driver violated his or her “hours of service.” Truck drivers who chose to work beyond the required hours set by law are often involved in accidents.

Truck accident victims may also want to get information from the high tech devices installed in monitoring commercial trucks. Many of the commercial trucks nowadays utilize electronic devices like global positioning systems (GPS), and other on-board computing devices to monitor real time trucking activities. If you or a loved one has been involved in a truck accident, you may want to immediately obtain the truck’s computer-generated information to determine if the truck driver became negligent before the accident happened.

It’s important to hold those responsible for trucking accidents accountable, as these mistakes can have serious consequences on peoples’ lives. The risk of injury or long-term disability is high with trucking accidents.

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The Legal Consequences of Drunk-driving

Posted by on Oct 12, 2015 in Personal Injury | 0 comments

Nobody can dispute the fact that alcohol makes people become less able to react immediately to dangerous situations which could harm them or someone else. Where driving is the issue, federal and state road safety authorities have always pointed out the clear dangers associated with driving while intoxicated with alcohol, and substantiates their declaration with statistical data.

Drunk-driving is one major problem in US roads and highways which has always caused worry to both government and private organizations. This is because it increases the risk of accidents which can injure or kill not only the drunk driver but innocent people as well. Records from the National Highway Traffic Safety Administration (NHTSA) show more than 10,000 fatal car crashes due to driving under the influence (DUI) or driving while intoxicated (DWI) every year; in 2012 alone, 10,322 individuals were killed in alcohol-impaired driving accidents.

Due to the injuries and property damages that it can cause, drunk-driving has, therefore, been made a serious traffic violation that is meted out with harsh punishments, which can include a large fine, imprisonment, mandatory attendance in a DUI school, suspension of driving privileges, and community service. If the accident causes injury or death though or if the drunk driver is found guilty of repetitive violations then he/she will face more severe punishments, like having an ignition interlock device (IID) installed in his/her vehicle, a requirement to acquire an SR-22 form or revocation of his/her license, besides those already mentioned earlier.

The current blood alcohol concentration limit (BAC) set for drivers in all US states is 0.08%; for commercial drivers, however, the limit is 0.04%, while for those 21 years old or below, there is a zero tolerance rule. This means that anyone caught driving with a BAC level set at the limit or higher will be charged with a DUI or DWI misdemeanor or felony offense.

As pointed out by Tuscon personal injury lawyers on their website, car accidents can very well result to serious and long-lasting physical and emotional repercussions for injured victims and their families. Because of this, DUI accidents need to be taken into serious consideration as it can impact each person involved in a wide number of factors.

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The Long-Lasting Effects of Disasters

Posted by on May 4, 2015 in The Oil Spill | 0 comments

They come without warning – natural disasters, calamities that can devastate entire populations and eras of time for generations and generations to come. Everyone remembers the burnt cities that Vesuvius left behind – the bones of women and children turned to ash and graveyards within seconds, the homes that took years to build and the temples that took the hands of hundreds of slaves turned not even to rubble, but dust, in the blink of an eye.

The thing about history lessons like this – of learning about calamities like this – is that you never think something so devastating could come to you, that these are all events that always happen to Someone Else. There are sometimes, some very unfortunate times, when Someone Else turns out to be you. And in this modern day and age, calamity can come more than in the form of fire and ice.

According to many claims filed through BP claim appeal lawyers, there are still people who experience the harsh consequences of the BP oil spill that transpired one April day in 2010, the biggest accidental marine oil spill in the history of the United States. There are still remnants of that oil within the shores and it has cost the livelihoods, the businesses, and the lives of the hundreds and thousands of people it has affected – as well as the economy of states that have been affected just the same, not to mention the impact on wildlife and the environment.

The worst thing about these kinds of situations – of oil spills and such – are that, unlike Vesuvius, these are completely avoidable circumstances… if only it were not for the negligence of people who could have saved so much trouble. That is why, should an incident of this nature occur, according to the website of attorneys with the legal offices of Williams Kherkher, there is a need for these people to be represented in a court of law in order for them to be awarded justly due legal compensation for the expense and stress dealt upon them for this devastating situation.

A lot of people can be intimidated at first at the prospect of going against a larger named corporation but what people fail to realize is that when they are in the right of the law, they have nothing to fear so long as they have the right kind of knowledgeable, reputable help that takes no side but that of the righteous and deserving. If you or someone you know has been devastated by something of this nature, do not hesitate to contact legal aid immediately.

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The Importance of Acting Quickly after an Injury

Posted by on May 1, 2015 in Personal Injury | 0 comments

Everybody’s got something they strive towards – goals, ambitions, and dreams. For a lot of people, this can mean pursuing a higher education. Some people want to travel and go on marvelous adventures throughout the world and experience all its wonder. Some people want to be able to purchase a home and start a family. There are many different goals that people might aspire towards – and that, in itself, can be difficult enough as it is, with all of the hard work that is necessary in order to get anywhere in life. But what if something happens that suddenly turns all those dreams to dust, all those goals to graves?

It can be one of the most devastating situations to be in – to be made so helpless from unfortunate circumstances, to have everything you have worked towards suddenly become impossible, to be thrust so far away from your comfort zone and not of your own volition. This kind of scenario is ever more crippling if the victim was completely innocent to the action of negligence that had ended up costing so much. And this kind of scenario, according to the Abel Law Firm website, is one that can be classified as a case of personal injury.

Injuries sustained through situations like this can be severe and have effects beyond those of a physical nature. The medical expenses required – medications or procedures that might be involved in the treatment toward recovery – can be quite costly, and if the victim in question was the primary income earner of the family, then there is also the financial security that is threatened by this situation due to the loss of wages. According to the website of the Oklahoma personal injury lawyers at the Abel Law Firm, the mental and emotional charge from these scenarios can be cripplingly stressful but delaying legal action could be detrimental to getting due recompense from the guilty party, as there is often a statute of limitations that surrounds whatever subset or subsets of personal injury that the victim’s case so happens to fall in to.

That is why it is so important to act quickly, effectively, and efficiently in scenarios such as this.

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Surviving and Thriving after a Serious Construction Injury

Posted by on Apr 29, 2015 in Personal Injury, Workplace Injury | 0 comments

This is a dangerous world that we live in. Due to ever-increasing technological advancements, there are towering structures that people from only a hundred years ago – in the thousands, millions of years that humans have been on this earth – would have deemed impossible. Cures for then-incurable diseases, professions and rights that were then unheard of are now commonplace instead of fanciful fiction. However, with these new advancements there are new man-made dangers, and the dangers that have made men pose risks to others due to simple negligence. Incidents like this are ones that are handled under the legal jurisdiction of personal injury.

According to the website of attorneys with the law firm Habush Habush & Rottier S.C. ®, personal injury cases are hardly ever straightforward due to the plethora of pleas that are possibly present with every case. It is a broad topic, this type of lawsuit, and it branches out into several different categories such as medical malpractice, premises liability, car accidents, explosion accidents, et cetera. One such of these more complicated cases are those ones involving construction site accidents.

A lot of the complaints with regard to construction site accidents are those who work as construction workers as it is. Lawyers for construction accident cases with the offices of Hach and Rose, LLP state on their website that a lawsuit like this can turn into a cocktail of different personal injury cases. This can include disability (either temporary or permanent) cases, spinal cord injury, or even traumatic brain injury. If the worker in question was exposed to toxic chemicals that should have been the responsibility of the employer to have known, then that is premises liability in effect.

Victims of these kinds of situations are entitled to compensation for their physical injuries as well as the financial expense that this kind of injury could make a person endure during this time. Sometimes, it is not quite as easy as 1, 2, 3 – and it is sometimes this stressful, arduous process that turns people off from pursuing legal action. That is why it is of the utmost importance that if you or someone you know has been injured in a construction site accident, an attorney is contacted immediately in order to be informed of the best possible move to make in this kind of situation.

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