The art of medicine has made great stride over time. Technology has been able to make things once never thought possible a current reality. Even with all of these advances, the unthinkable is still a possibility. Medical malpractice still occurs. People are inaccurately diagnosed and subsequently given the wrong treatment. One type of medical problem that can be diagnosed incorrectly are brain haemorrhages. If a Doctor does not make this diagnosis accurately, further medical complications can occur or even death.
A brain haemorrhage occurs when the blood vessels rupture or tear. The blood is then released onto the brain. A crippling headache may occur when this happens. Many people then seek medical treatment. Other common responses to a brain haemorrhage can be becoming unconscious or perhaps fainting. This can even lead to a coma. In some situations, the pain can last briefly. In these situations, incorrect diagnosis can happen. Many doctors discount the problem since the headaches subsides and never investigate what might have been the causes of the headache.
Persons experiencing these symptoms could possibly have one of two types of brain haemorrhages. Subdural haemorrhages usually build up over a lengthy period of time. Some sort of trauma will trigger the development of the haemorrhage. The elderly often experience this sort of brain haemorrhage more than other age groups. An extradural haemorrhage can also occur from a head injury. These happen a lot in various types of sports.
These types of brain haemorrhages can often be incorrectly diagnosed leading to frightening consequences. The patient may also be given an incorrect course of treatment due to the misdiagnosis. This can lead to even more medical complications. If you should be the recipient of this improper treatment, then you may be entitled to compensation. Not every case it the same. There can often be extenuating circumstances that can make your case vary. Contacting a solicitor to review your case is the best way to assess the merits of your compensation claim. Another good idea is to contact the solicitor in a timely manner. Often the law provides time limits on these cases.
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Safety at Work
Posted on 03. Nov, 2009 by Steve.
Injuries in the workplace are not something anybody likes to think about. Workplace injuries continue to be a problem, however, for employees and their families. In most cases, an accident at work can be avoided. However, sometimes despite all precautions taken, there is an accident or an illness caused in the workplace. Anything in the workplace that causes or contributes to an illness or injury is considered a workplace injury. Even a pre-existing condition can be worsened by something in the workplace. If this is the case, then it is important to know the necessary steps to be sure you are compensated fairly throughout the duration of your recovery. Most employers agree that safety is the number one priority regarding their workplace. A safe environment helps to foster a better sense of well-being. If employees are following the proper safety precautions, and are trained properly to follow those safety measures, the number of workplace injuries could be greatly reduced. When, despite all safety efforts and injury occurs, it is generally up to the employer to cover the expenses incurred by the injured employee. Most employers offer a certain type of disability package. Whether it is short term or long term disability, employees can usually be guaranteed at least some kind if income during their recovery period. Doctor’s visits, as well as prescriptions and physical therapy are also usually part of a worker’s compensation package. Safety is the key to preventing and decreasing the number of accidents in the workplace. When employers take the time and invest the necessary amount of money in providing training and safety equipment, the number of accidents in the workplace can be greatly reduced. If an injury still occurs, even when the proper time and money are invested, it is the employer’s responsibility to provide the necessary benefits to the injured party.
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What exactly is medical negligence?
Posted on 02. Nov, 2009 by admin.
Medical negligence is an act by a healthcare worker that differs from standards of care in the medical area and causes injury or death to the patient. Causes of medical negligence can range from improper cleaning of equipment, preventable medical errors, misdiagnosis and improper care. The majority of cases of medical negligence involve nursing home abuse, surgical mistakes, diagnosis and medication errors. The Department of Health sets and evaluates facility care guidelines. They also monitor and regulate medical licensure and complaints. You can ask for information as to what policies are protecting patient rights at any facility. You have the right to ask for policies and written standards of care. You also have the right to have all medications and procedures explained in non-medical or plain English. You also have the right to request copies of your records, or those of a family member if you are their medical power of attorney. Do not be afraid to ask questions. The healthcare worker may be busy, but it is their job to help. It is also beneficial to know that more facilities require a pass code or HIPPA code to access information. HIPPA, or Health Insurance Portability and Accountability Act, protects your information from being given to anyone who is not granted access by you.
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Holiday Accidents and Travel
Posted on 02. Nov, 2009 by admin.
One of the problem areas of holidaying abroad is that travel is required. Since the UK is an island this means crossing international air-space or waters (or under them), where the law is even more complex and confusing than it is in the UK. This is because there could be a number of companies from many countries involved, and this, coupled with international law, which is different from UK law and normally takes precedence for certain aspects of a claim, leads to a dogs dinner of legislation and high solicitors’ costs.
Because of these complications it is necessary to take out the best insurance possible. Check that you are covered in international zones and in the geographical regions you are visiting. Speedy claiming is always important, and for injuries internationally inflicted it is important to note that the maximum time period to instigate a claim is two years and not three years as in the UK.
They say worse things happen at sea, and for a (personal injury) PI claim this may well be true. The major problem is that international conventions and agreements take precedence over British law. This means that at the very least that you should use a solicitor experienced in international law for holiday claims.
In contrast, and in terms of claim success, an aeroplane is a better place to have an accident, since airlines are under a strict liability to pay compensation. In general this means that they will not contest your claim, unless it is considered excessive. It is a bit like being caught by a speed-camera. There is no defence. Although the court can drop the fine if the feel circumstances dictate it, you are still guilty. One problem is that claims for psychiatric damage are not allowed. Even if you end up institutionalised after some particularly hairy flying. The reasons for these rules are probably due to airline lobbying, since it is unlikely that you will have a minor accident on an aeroplane. They are nearly all major and indeed most are, of course, fatal. It also probable that psychiatric illness acquired on an aeroplane will stem from a predisposition of many people to panic during a turbulent flight.
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Warnings about asbestos exposure
Posted on 02. Nov, 2009 by admin.
Asbestos is a mineral fibre. Most of us have definitely heard of it being used at construction sites to serve as roofing material etc. Basically, it is not dangerous to use this material, but if one is exposed to its dust particles for too long they are highly susceptible to its harmful effects. There are commonly three diseases that are caused due to prolonged exposure to asbestos. They are lung cancer, asbestosis and mesothelioma. We all know the harmful effects of lung diseases. They begin with hard breathing, then dyspnoea, decreased lung expansion and air entry into the lung and finally collapse of the lung. Asbestos related lung diseases are worse in those who smoke or live in highly polluted areas which expose them to other harmful chemicals. The best way to prevent these diseases is to avoid the use of asbestos as walls and roofs, it will help prevent a lot of asbestos claim lawsuits Once affected, it is very necessary to keep the disease under control. Breathing exercises on a daily basis will help to maintain lung wall integrity for a longer period hence ensuring a better quality of life.
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Incombustable Asbestos
Posted on 05. May, 2009 by admin.
Asbestos is incombustible, resistant to heat, electrical insulator, sturdy and cheap; therefore industries along with construction sites prefer the mineral. Asbestos mining is undertaken by detonating rock layers from Russia, China, Canada, Brazil, Zimbabwe and several parts of the world. Multitudes of persons have lost their life due to asbestos exposure in shipping, railways and construction industries. Urbanized countries like USA and UK have banned asbestos but developing countries still continue utilizing the product irrespective of the health issues from using the mineral.
Asbestos is acknowledged to cause Mesothelioma, lung cancer and Asbestosis, perceivable only after the symptoms become severe. The airborne Asbestos powder and fiber enters into the lungs, ultimately resulting in death.
Generally miners, construction workers employed in demolishing buildings, are worst hit by asbestos fiber accumulation in lungs, leading to long-term sickness plus inflammation, culminating in death. Compensation claims for asbestos exposure related illnesses; Asbestosis, Lung cancer, Pleural coagulation and Mesothelioma, include financial loss, medical treatment, drugs and hospitalization expenses. On death, dependents of the deceased can receive additionally mourning, interment expenses and financial reliability as reparation claims. Attorneys initially counsel the afflicted person and accept fees only on successful completion of the lawsuit.
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Understanding The Impact Of Medical Negligence
Posted on 25. Jan, 2009 by admin.
If you have heard or read the term medical negligence but you are not exactly familiar with its meaning, then you should maybe read about it, because it is a rather common phenomenon, though very unfortunate. Medical negligence refers to the deliberate act or omission made by a health care professional and provider, such as a doctor or a nurse or any other expert involved in medical care during which the care given deviates from the standards that are accepted in common in the medical community and result in injury or physical harm to the patient.
In the UK there is a particular authority, called the NHS Litigation Authority, that is responsible for dealing with the medical negligence cases that occur in both clinical and non clinical occasions.
Usually when you refer to medical negligence you associate it with physicians and surgeons, because that is where most malpractices usually occur. However you should be aware of the fact that you can file a claim against all personnel of a medical institution if there is a proven case of negligence and malpractice by someone among them. What is necessary to prove is that the person involved in practicing the necessary medical treatment was the one to cause some injury minor or otherwise, either by taking unnecessary risks, or by deciding on a treatment that was not appropriate, knowing the potential dangers and consequences.
This failure to follow accepted practices is something that can take a medical negligence case to the court very easily. This is a way to protect the patients from irresponsible doctors or even experimental cases and techniques, and a way to ensure that all physicians and medical personnel follow the necessary guidelines when doing their job.
If you think that you have been a victim of a medical negligence then you should contact a lawyer right away, because you need to check if your case can be taken to court and if you can file a compensation claim based on negligence and malpractice.
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Tips For Filing A Compensation Claim
Posted on 01. Jan, 2009 by admin.
Laws and regulations give people the right to file compensation claims for personal injuries or accidents at work. In fact, most people are encouraged to file those claims, mostly because accidents can leave them incapable of working, or performing simple tasks, for some time. In order to file a compensation claim successfully you need to take into consideration the following important tips.
First of all, there has to be some kind of third party negligence involved. When making an injury claim, someone else should be at fault for your accident, either because he did something that contributed to your accident, or because he ignored or neglected the necessary safety measures. In both cases you can base your claim on the laws of negligence. For instance, if you have an accident at work, the employer or a co-worker should be responsible, or if something occurs while driving, someone else must have caused the car accident. If that is not the case, then you cannot file a claim as there is no other party involved in the incident.
You also need to prove that the accident did really happen. If you are planning to make a compensation claim, then you must be in a position to prove that the accident actually happened and that the result was some kind of injury. Do not think though that compensation claims can be filed only for very serious accidents, such as broken arms or legs, or worse. Claims can be filed as long as there is any kind of injury, even if that is a cut, or a bruise or sprain. Laws do not prohibit you from filing a claim if you have just minor injuries; the determinant here is the duration of the injury and the unavoidable impact it may have on your overall performance and life.
Always remember that compensation claims in cases of accidents and injuries should be filed, because the victims deserve to be compensated and they can also serve as a benchmark to prevent further incidents of similar nature.
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How To Deal With Accidents At Work
Posted on 01. Jan, 2009 by admin.
Accidents unfortunately happen all the time. In fact, if you consider that we spend half of our waking day at work; it is not surprising that many of the injuries and accidents that occur happen there, during working hours. These accidents may happen either due to the inadequate security and safety measures at work, or just because you were at the wrong place at the wrong time.
In the case of accidents at work that happen because of the lack of safety measures, then the victims are entitled to compensation, after filing the necessary claims. This claim can be addressed to the appropriate authority, regardless of the nature of the injury or initial accident, as long as negligence can be proved.
Since this phenomenon is very common, there are numerous companies that specialize today in these kinds of cases. These companies have claim solicitors and can assist you effectively in acquiring the compensation you need, but most importantly they can act on making sure that a similar incident will not occur in the future. Their role is both responsive and proactive, thus, it’s always good to consult with an expert before actually starting the whole process, so as to determine your strategy and your goal.
It is completely understandable, though, why some people hesitate when something like this happens. In most cases employees are actually afraid to file a complaint or a compensation claim against their employer, thinking that this way they might jeopardize their position at work. In most countries laws do protect the victim, making sure that he cannot be fired or somehow discriminated at work due to such an issue. However, in reality how a case may proceed also depends on the mentality and overall outlook of the employer.
Despite this fear and possible inconvenience, employees should be encouraged to claim their rights and the compensation they deserve as a result of an accident at work, especially if this incident makes them incapable of working for some period of time.
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What You Need To Know About Compensation Claims
Posted on 30. Dec, 2008 by admin.
“I’ll sue, that’s what I’ll do”, is a saying as old as the history of compensation claims themselves! While it is true that you are entitled to compensation if the actions of any person, intentional or otherwise, cause you physical or psychological harm, there is a lot more to compensation claims. When it comes to filing for compensation you will be up against a lot of legalese and jargon.
Here are some things that you can claim compensation for:
1. Road accidents
2. Defective product liability
3. Travel claims including defective hotels premises or food issues
4. Medical negligence including faulty diagnosis and treatment.
5. Any accident in which the nervous system, that is the brain or the spinal cord, are affected.
6. Injury at work, including both physical injury as well as injury due to stress and overwork
This list is far from exhaustive; there are many more occasions when you are entitled to compensation, from slipping on an unshovelled sidewalk to a carelessly maintained mall walk way.
The wisest thing to do if you intend to file compensation claims is to contact an attorney specializing in compensation laws. He will assess your case right at the start, and let you know if it is strong enough to get you compensation. Apart from helping you file your case in the proper manner, a good attorney will also ensure that you don’t sign any document that will be detrimental to your case. He will also defend you if there are people working against your case.
The recommended procedure to follow is to first assess your injuries and get a medical report at the earliest, or your chance of getting any compensation is very slim. Then determine the extent of the blame. Your attorney will help you do that. Next, depending on your injury and the degree of fault, calculate the compensation due. You can then go ahead and file for compensation.