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Delayed Treatment? Here’s What to Do

Posted by on Mar 11, 2019 in Delayed Treatment, Medical Malpractice | 0 comments

When you work as a doctor, your everyday decisions can impact your patients for the rest of their lives. Most professions allow for small slip-ups every once in a while when on the job, but this is not really true with doctors. If you went to the doctor’s office and they were unable to give you a correct diagnosis, this could impact you for the rest of your life. In the worst scenarios, it could even shorten it. I recently began to wonder what I would do if I found myself in a situation like that. My kids have to do physical exams with the doctor every year so they can play sports during the school year. I want the doctors to be on their A game and not miss anything that could cause an issue while they’re training. If they did mess up, I wanted to know what my plan of recourse would be. I found some good information on the website for McCutchen & Sexton – The Law Firm. They are Fort Smith delayed treatment lawyers, meaning that at their firm, they work with people who have been affected by misdiagnosis and delayed treatment in the Fort Smith area. For years they’ve been helping people take good legal recourse when a doctor has caused them harm. They know what’s relevant in deciding a delayed treatment case.

If you attempt to sue a doctor for wrongful diagnosis, it’s your job to show a judge or a jury that your doctor was negligent towards you. In order to be considered negligent, a doctor will have done something that is vastly different from how a normal, reasonable doctor would have acted. When you go in for an appointment, normal doctor protocol is that doctors should perform an initial evaluation of a patient and make a list of all the potential ailments. From this point on, doctors will perform tests in order to make that list more narrow. They may at this point send you to a specialist or diagnose you and begin treatment. Sometimes this process can extend for up to several weeks. If a doctor does not put the right diagnosis down, or if their tests do not lead to a correct diagnosis, this can delay treatment for weeks, even months. This may be due to a doctor being found negligent in court.

Sometimes, you can receive money even if your doctor did everything right. There are some situations that are simply unavoidable, even if there is no human error. Maybe a machine was malfunctioning while you were using it. Sometimes lab test results are not collected or analyzed correctly. In these situations, you can receive money on behalf of the hospital itself or maybe another healthcare professional. Although, in these cases, you will need to prove that a lab worker or lab machine was not working correctly.

Each of these situations can lead to a misdiagnosis that causes delayed treatment. Delayed treatment allows treatable diseases to fester and cause you more harm than they would had they been detected early. If I or a loved one is ever misdiagnosed, I’m certainly going to hire a lawyer!

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Why We Need To Talk More About Boats and Booze

Posted by on Aug 31, 2018 in Boat Accidents | 0 comments

Living as I do near the coast in South Carolina, I, of course, know a lot of people with boats. Now, despite the location, boats and water are not my thing (Im here for family and for my job, Im not particularly partial to that beach everyone goes on about). But as I say, I know a lot of people who love to spend the whole summer out in the water, which means I know some people who have had some trouble about their boats and their booze.

What Ive found is, we need to talk about boating and booze because a lot of people dont know anything about it, and thats a problem. I know some people who have gotten into trouble because they didnt really know there were any laws about drinking on a boat. After all, what is the classic image of going out on a boat? Its drinking and fishing. Thats why a lot of people get a boat in the first place. And with so much water, a lot of people just assume there are no rules about how much they drink and how much they boat. Its a little hard for some to grasp that, as the local law firm Truslow & Truslow point out, a BUI (boating while under the influence) is treated just as seriously as a DUI (driving while under the influence).

For those who do know, theres still a need for more education. After all, one mistake, and perhaps even a misunderstanding or misreading from the police, can lead to serious consequences if the boaters dont know their rights or when they should seek some extra help. A single BUI conviction can lead to jail time.

Think about that. Some guy who had too much on a holiday weekend while on his boat might end up in jail when theres nothing around but the ocean and the waves. It makes sense, of course, since it can lead to serious accidents, but on some level, it seems a bit too extreme.

So, we have to start talking about these things and educating boaters. They need to know what the limits are, what the punishments are, and what they should do if they get in trouble. Talking about it before they get the boat, before they get the license, and regularly afterwards, will help prevent too much drinking in the first place. It will also protect boaters if they make that one-time mistake and take on a little too much on that holiday weekend.

While Im not the guy youll find on a boat or at the beach, I want that area to be safe for everyone, especially my friends and family. That means safer boating, and it also means more awareness of what should be done in the event too much drinking has taken place.

So, lets all start speaking up. We need to get this information out there. Lets keep each other safe, and lets look after each other when one of us makes a mistake.

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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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