Traumatic Brain Injury (TBI) is the generalized term for those harms that impact the brain and cause maladies that result in mild cognitive and memory issues to even death. From a legal perspective, TBI cases create a unique blend of challenges to the defendant’s attorney, the plaintiff’s attorney, as well as to the insurance providers. Brain injuries should not be considered an ‘event.’ A TBI is the beginning of a process typically marred by misdiagnoses, and under-funded neurological disease research. Those with sustained brain injuries must be provided with: Lifelong Management and care Professional, expert care Appropriate rehabilitation therapies Individualized…

Abuse in nursing homes and assisted living communities is on the rise. Most people do not know what to do when faced with this situation. Consequently, only a few of them are handled appropriately and even fewer are reported to the relevant authorities. In this post, we have highlighted six steps you can take if you notice or suspect an abuse of a resident. Signs of Nursing Home Abuse If you have a loved one in an elderly care facility, it is important to look for the following signs of abuse: Bed Sores Bruises Change in behavior Loss of weight…

If you have been injured, whether it was because of an auto accident or a slip and fall accident, you stand the best chance with your case against the company if you have a personal injury attorney there to assist you through the process. However, not everyone knows the right protocol and when they should even hire a personal injury attorney. When to Consider a Personal Injury Attorney While you can file your own personal injury claim against an insurance agency by yourself, this is usually something that is only recommended for people who have had small injuries that have…

Wrongful death and medical malpractice are sometimes used interchangeably in the same lawsuit. However, these two differ mostly in terms of legal meaning and interpretation. Medical malpractice Doctors, nurses, midwives, pharmacists, surgeons, and hospital staff can together or individually harm the patient. This may be intentional or accidental. Examples of medical malpractices include surgical errors, misdiagnosis or failure to diagnose, delayed treatment, birth injuries, and so on. Besides, it is not necessary for the negligence to result in death for it to end up in court. If you feel you have sufficient conviction of a probable medical malpractice, do not…

What Is Wrongful Death? Wrongful death occurs when someone is killed or dies because of negligence, intention or misconduct of another person. Being a lawsuit, the guilty party in a wrongful death case may not be convicted. Wrongful death may arise from medical malpractices or a criminal behavior. Alternatively, it may occur due to hazardous conditions within the job environment, death under supervision, or an automobile or plane accident. Florida Statute In Section 768.19, there are four vital elements that will help you understand a wrongful death better. First is the decedent. Second, the death was caused intentionally or accidentally…

Based on the Florida State statute, a brain injury claim is a formal request for monetary compensation for harm or damage caused to the brain due to negligence, misconduct or malpractices by another person. These injuries are caused by direct impact. The impact can be from slip-and-fall, automobile or even airplane accidents. Malpractices can arise when using surgical equipment from doctors during brain surgeries. In addition, late diagnosis in treatment of diseases like meningitis can also cause direct impact. Oxygen deprivations through anesthetic errors in child birth, wrong dosage or hazardous working environments can also cause brain injury. How Can…

All wrongful death claims are filed against a defendant who kills another individual either intentionally or through negligence. Under wrongful death claim, you are allowed to file a lawsuit against an individual who is legally responsible for the death. Such lawsuits are usually filed by a legal representative on behalf of the remaining family members and the affected parties. Under what circumstances should you file a wrongful death claim? A wrongful death claim can be filed if the victim is killed intentionally or due to the defendant’s negligence. There are various situations under which this can occur including: • Medical…

Medical malpractice occurs where a patient is injured or harmed due to the negligence of a medical worker or medical facility. Injury can be caused by misdiagnosis or poor treatment, which would have been avoided if the defendant excised the right standard care. Medical malpractice can result in devastating effects on the plaintiff such as pain and suffering, lost income, huge medical bills or even death. This makes Medical malpractice attorneys very helpful in pursuing compensation through a lawsuit against any party involved in medical malpractice. In many instances, the medical malpractice lawyer will strive to strike an out of…