Understanding Medical Malpractice – What It Means

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Understanding Medical Malpractice – What It Means

by super March 20, 2018

A person will generally file a medical malpractice suit with a lawyer if they feel they have received substandard care by any healthcare professional, like a doctor or dentist, that has directly resulted in economic or physical damages to them personally or a family member. When discussing what substandard care this generally means care that has violated the normal medical practices. In order to show medical malpractice there has to be three factors, which include a direct causal link, liability, and damages. For you to meet the requirements of liability, it must be proven a professional relationship existed between the provider of health care and you. Meeting this requirement is rarely a problem but being able to prove it was substandard care could be a little difficult. It depends on what the violation was.

Economic damages, injury, or suffering must be shown and be the direct result of the negligence. Most all parts of medical care have risks even if proper care is taken. Unless your lawyer can prove negligence from an outcome that turned out bad from the procedure or medical care alone, are not the grounds for a malpractice suit. When talking medical malpractice it can take on different forms. Some examples include:

• Not diagnosing a disease that is life-threatening
• Medication errors
• Surgical errors
• Delivery room or prenatal care
• Failure to give the correct follow-up care
• Anesthesia miscalculations

According to the Journal of the American Medical Association, approximately two hundred twenty-five thousand deaths happen each year because of medical malpractice. This makes it the third biggest cause of death in the United States. Approximately nine percent are caused by medication errors, miscellaneous errors, or unnecessary surgery. About eighty-two percent are due to contacting an infection while in the hospital or adverse reactions to medications.

It is harder to file a malpractice suits against hospital employees than against private physicians. Certain members of the staff in the hospital are often provided by private contracts so in these instances the contractor and negligent party is named in the medical malpractice suit and not the hospital. When there are multiple parties that are affected by the same negligent group it makes more sense to bring a class action suit, which can list hundreds or more plaintiffs. If the case is won then the monetary award, after paying court costs and legal fees, is distributed to the plaintiffs.

The laws that govern medical malpractice suits will vary in each state and may require different or additional criteria. When choosing a lawyer make sure that they specialize in this field of law.

Article Source: http://EzineArticles.com/9392570

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The Top Business Lawyers Mean Business

by super February 27, 2018

The law also protects consumers from business monopolies, malpractices, price fixing, and other issues.

As a business owner, you need to know about the laws regarding your business type, whether it is a small venture, a franchise, a partnership, or a corporation. There exist several legal considerations. The choices you make while setting up a business influence your business management, operations, finances, taxes, profits, and liabilities in the long run.

The importance of hiring business lawyers

Business lawyers know business laws inside out. They can help you right from the day you have a “blueprint” of your business plan to the day your business roars in the market… and even afterwards.

They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law

A competent business attorney helps you give a picture of business law which would be clear as a crystal. He or she will explain the tax implications, business responsibility, and benefits of each kind of entity. This aids you in setting up an entity that benefits you, your employees, shareholders, and consumers.

Business lawyers harbor meaningful connections with important sources in the business community. Their objective is to promote a healthy business community that features continuous growth.

Of course, you can set up a business on your own, but you still need a lawyer. Only lawyers can give you legal advice. They are authorized and capable of doing so.

A partially-trained lawyer or a layman who claims to know the law may give you poor advice. They are not as acclimatized with legal situations as competent lawyers are. Qualified business lawyers are recognized by the Court of Appeals, which is the highest court of the state. They abide by a code of conduct and display sheer professionalism when handling cases. They are always updated about the changes in laws.

A reputable business lawyer has the legal expertise to interpret law for their clients and represent their interests in the courtroom and outside. You can benefit a lot from hiring such a lawyer. In other words, he or she can make things easier for you in the legal world.

Thanks to reputable law firms going online, it is easy to contact the best lawyer in town. You can schedule an initial consultation with him or her. You can discuss with them about your dream venture. It is time to put your idea on legal papers and out in the market.

Article Source: http://EzineArticles.com/9866989

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What Happens With Charitable Giving and the New Tax Law

by super February 27, 2018

Now that we’re into 2018, it’s vital if you’re a nonprofit leader, fundraiser, or board member to understand what the Tax Cuts and Jobs Act may do to the philanthropic sector. Keep in mind that this is the first major overhaul of tax regulation in more than a generation, so it’s going to have wide-ranging impact. Lawyers and accountants have been working overtime to understand the implications for the new tax law and the IRS is gearing up to get ready for what is going to be an interesting tax season.

If work or lead a charitable organization, you need to be aware of the reality that the new law is expected to affect your fundraising efforts adversely. In other words, you need to speak to your professional advisors, and you should get your team together to prepare an all-hands on deck approach to ensuring the ongoing sustainability of your organization as donor giving patterns will undoubtedly change.

  • The Council on Foundations released a statement that said the following, “Today’s passage of the Tax Cuts and Jobs Act will result in a decrease of $16-$24 billion in charitable giving every year, significantly decreasing the philanthropic sector’s ability to provide resources and services to people across the United States and abroad.”
  • The most significant reason for the expected drop in charitable giving in 2018 is because the majority of individuals and families will no longer itemize deductions on their tax return. Because the standard deduction was doubled ($12,000 for individuals and to $24,000 for married couples), the average taxpayer will no longer be itemizing, and thus the charitable deduction disappears for many families when filing taxes–meaning the tax incentive for them is gone.
  • Since 2018 is the first year under the new Tax Cuts and Jobs Act law, most families will not have a full understanding of how their tax obligations will be shaping up until more months pass, and they file their taxes. That means the uncertainty will likely begin to depress charitable giving as early as the beginning of the year. This may also include major donors who are financially comfortable but did not do any tax planning preparation in December of 2017 to see the full impact of the tax laws on their households.
  • The estate tax threshold level has increased under the new law from $5.5 million to $11.2 million for individuals and $22.4 million for families. Without getting into too much of the details, the reason why this can adversely impact charitable giving is that families have less of a reason to give their money to charity as opposed to their heirs. Because they can now transfer higher amounts to heirs, those who have assets in the low millions are more likely to bequeath it to their families or heirs as opposed to give to charity because so they can minimize estate taxes.

The reality is that 2018 is going to be a significant year for nonprofits and it’s essential that organizations understand how the new tax law will affect them and also charitable giving. If fundraising dollars decrease, which is expected, then most nonprofits, which already survive with slim margins will have a tougher year. Tough decisions will have to be made if donor dollars dry up such as shutting down programs or eliminating staff. Planning will make all the difference.

What’s important at this time is to get your facts and eventually to message appropriately with your supporters. Your donors want to help you and a lot of the reasons they do come from the heart and not from the head or because of a charitable deduction or estate planning. But, if you’re a nonprofit leader, you would be foolish if you didn’t take into account that your donors have to think about how the new tax law will affect their families and may well pause so they can get a better handle on what’s happening in their finances and taxation.

Understand the trends and how thought leaders are addressing the expected drop in funding, and inevitable decrease in services that could follow. Speak to your peers in the industry and also speak to your supporters. Figure out ways to give donors the space they need to understand their tax issues, but also continue to help your organization. It’s essential as a nonprofit leader to have frank conversations and be open about the choppy waters that may lie ahead.

Article Source: http://EzineArticles.com/9867274

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Information About Sexual Harassment Claims

by super February 27, 2018

Sexual harassment is a crime according to state and federal laws. The law basically defines sexual harassment as unsolicited and unwelcome sexual advances. It doesn’t have to involve physical touch or action to be categorized as harassment. This can occur at the workplace, hospital, school, gym, shopping center, and even at home. When it comes to sexual harassment cases, males and females, adults and children, employees and managers, groups and individuals, and anyone else can be guilty. Gender, age, and power can all differ from case to case.

Sexual harassment can come in many forms as well, including physical, verbal, emotional, and even visual. A licensed and experienced sexual harassment lawyer regularly handles multiple types of cases involving unwanted sexual conduct and abuse.

Examples of Such Cases Include:

Unwanted Sexual Solicitation

Violent Sexual or Physical Contact

Inappropriate Touching

Stalking

Sexual Pestering

Derogatory Comments or Jokes

Sexual Gestures

Verbal Sexual Abuse

Sexual or Obscene Letters, Emails, or Text Messages

Showing Sexually Suggestive Photos

Obsessive Staring

Verbal Sexual Propositions

Making Threats after Sexual Refusal

Offering Payment or Job Promotion for Sexual Favors

Harassment at Work

A person is being sexually harassed at work, it is standard for them to report the abuse to the company’s Human Resources Department. These types of departments typically have a system in which they investigate and manage harassment claims within the company. In the case that a company does not have such a department, it is common for employees to address the issue with their direct chain of command. In cases that the direct chain of command happens to be the abuser, a person should call an Indianapolis harassment lawyer instead. In other instances, managers and supervisors can be ineffective at putting a stop to sexual advances in the workplace. This is another time where a licensed lawyer would be advantageous.

Hire a Lawyer

If you are currently experiencing harassment, it is important to keep a detailed record of the events that take place so that you can build a stronger case against your abuser. Record dates, times, and descriptions of any inappropriate conversations, come-ons, solicitations, behavior, and more.

To learn more about the behaviors that establish sexual harassment, or the penalties of these behaviors, talk to a trusted and experienced lawyer right away. They have the knowledge and resources to help you gain a full understanding of your situation and your legal options.

A reputable sexual harassment lawyer cab help recover compensation for the following harassment damages:

  • Pain and Suffering
  • Mental Anguish
  • Emotional Trauma
  • Restraining Orders
  • Post-Traumatic Stress
  • Relocation
  • Therapy

Article Source: http://EzineArticles.com/9872632

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Probate Lawyer – Do I Need One?

by super February 27, 2018

Probate lawyers offer their services for the settlement and distribution of your assets after you have passed away. Probate lawyers can be hired in situations where you have a will and also in situations where you haven’t decided on a will. Deciding whether to hire a probate lawyer or not is a decision that keeps a lot of people confused. In this article, we look at certain reasons why choosing the services of a probate attorney might prove to be beneficial for you.

When a loved one passes away, it is already a difficult time for the family and nobody would like to talk about assets or money in such a situation. By hiring a probate lawyer, the process of distribution of assets and settlement of debts can begin quickly, allowing for the to have their fair time for grieving and not have to worry about the delay in the distribution process.

Another big reason to hire a probate attorney is the amount of legal expertise he/she has. When faced with such a situation, you may not be able to know exactly what the laws are regarding the estate distribution and other matters. Hiring a probate lawyer can prove to be beneficial since they can offer you their expertise and make you understand the legal aspect of the whole process. They will settle the matters in such a way that no legal issues will arise later on.

By using a probate lawyers help, a lot of families can stay united at such a hard time rather than have disputes over the contents of the will. It is rare to have a situation in which all the family members agree on the contents of the will and the way in which the assets are distributed following the death of a person. When a probate lawyer is involved, the families do not see the distribution coming from a biased party and hence are more likely to accept the manner in which distribution and settlement will take place.

If there are any debts that are needed to be settled, a probate attorney can help you challenge those debts in a probate court in case there is any kind of manipulation on the part of the creditor.

There are also cases in which people need the help of a probate lawyer in order to change the contents of the will. This happens when people refuse or do not wish to receive what is left for them. This can happen due to many reasons. One could be because of the tax implications that having a particular asset could bring. When this happens, it is better to go to someone with sufficient experience in handling such situations. Changing the contents of the will is something that cannot be executed by any person and hence requires a probate lawyer’s help.

In the end, you could conclude that having a probate lawyer to carry out all the final affairs of the deceased person is a better idea than having possible fights between family members who are left to sort things out on their own during a difficult time.

Article Source: http://EzineArticles.com/9874636

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New Texas Law Makes It Tougher for Parents to Reclaim Their Children If They Relapse

by super February 27, 2018

I can see it in his eyes

when he comes creeping in.

He’s been somewhere he promised me

he’d never go again…

… This is our lives he’s tearing apart.

It’s not a funny game.

It’s destroyed our family and killed our love.

Because he loves “Cocaine.”

  • Source: Melissa Scott, Because He Loves Cocaine

The lines from the poem ‘Because He Loves Cocaine’ portrays the emotions running through a child living with a parent addicted to the deadly drug. As rightly mentioned, drugs don’t just affect the people dependent, but destroy their families too. The impact of parental drug abuse is particularly huge on the children. Being in a developmental and impressionable age, these children are forced to bear the brunt in numerous ways, such as cognitive decline, poor performance at school, development of risky behaviors, etc. Many a time, they become susceptible to violence and aggression, leading to fatal injuries.

The Substance Abuse and Mental Health Services Administration (SAMHSA) estimates that approximately 12 percent of American children (over 8.3 million kids) cohabitated with at least one parent or guardian dependent on drugs or alcohol between 2002 and 2007. Drug abuse by parents is a serious offense; most authorities in the child protection and judiciary consider it as a form of neglecting parental duties.

Since the entire journey from addiction to recovery can be extremely challenging, it becomes difficult for children to hold on to their parents addicted to drugs. Such children become emotionally vulnerable and run the risk of emulating their parents. Given the dangers of growing up with parents suffering from substance use disorders (SUD), various laws and measures have been promulgated by federal and state governments to ensure their safety and well-being. Irrespective of the state, authorities can use parental drug abuse as a qualifier for child abuse.

House Bill 85, the child protective law

One of the child protective laws of Texas, House Bill 85, is tough on parents who relapse during rehabilitation. The court in this case can apply for the termination of their rights toward their children. Though seen as an effective step against parental drug abuse, many people who have gone through the pain of separation of their children have cast serious doubts over the outcome.

Such a punitive measure can inflict major repercussions on both – the parent suffering from SUD and the child. The separation from their parents could be a harrowing experience for the children and vice versa. The trauma could affect their bearing in later life. Since children and adolescents are attached to their parents, taking them away to foster care could hamper their growth and development.

Studies have highlighted developmental issues in children growing up in such a surrounding, like mental health problems. Rather than being a healing process, it can turn out to be a distressing experience. In the absence of a stable environment and attachment as provided by parents, they witness problems in the short- and long-term development of the brain.

Moreover, parents who are estranged from their children are less likely to be motivated for recovery. As losing a child can be a big blow for any parent, they are more likely to fall back to their old ways again. Many people have mentioned the role of families in their recovery. Despite relapsing once or twice during the treatment, they were able to achieve sobriety due to the sheer love of their children. The goal of reuniting with their children and other loved ones helped them in overcoming addiction.

Happiness is in having a caring family

Regardless of the circumstances, any form of substance abuse does not arise because of the fault of an individual. It is a chronic illness of the brain that can be treated with the right intervention. It is common for an individual to suffer a relapse during rehabilitation, as the withdrawal pangs can become too severe for him or her. Moreover, detoxification and rehabilitation are complex processes that require time. Therefore, drug abuse cannot be addressed in one go.

Addiction usually starts with occasional use that soon turns into a serious habit. As an individual becomes dependent on any drug, the brain’s reward system changes, resulting in more frequent cravings, leading to negative impact on his or her ability to function at home or work. Drug addiction should be treated at the earliest through treatment programs that include pharmacological and psychological interventions.

If you or your loved one is addicted to any drug, the Texas Drug Addiction Treatment can connect you to the state-of-the-art addiction treatment centers that provide holistic recovery programs. Call at our 24/7 helpline number 855-980-5757 to get details about the best Texas drug addiction treatment centers.

Article Source: http://EzineArticles.com/9886024