Category Archives: personal injury

How to Deal with a Medical Malpractice Case

On: July 16, 2015 By: Manuel Posted in Hispanic, Information, Law, medical malpractice, personal injury, physical injury, surgery

medical malpractice You rely on your doctor to give you dependable advice about your health and well-being. However, not all medical professionals are able to provide their patients with exceptional care. When a doctor fails to do his or her job and puts the patient’s health and well-being in danger, medical malpractice occurs. If you are a victim of such unfortunate situation, you should consult your trusted attorneys for help and legal advice right away. And make sure you don’t miss any legal deadlines!

Statute of Limitations

Medical malpractice cases have deadlines like any other personal injury situations. These deadlines are also referred to as statute of limitations. As a victim of this case, it is important that you are mindful of the deadline because some malpractices are no longer noticeable after a few years that the ‘error’ is done by the doctor. If you file your case later than 2 years, then you may lose the legal right to pursue the proper compensation for the damages that you incurred.

There are various cases of medical malpractice and each of them can be discovered differently too. For example, if the doctor operates on the wrong body part then that can be discovered immediately as incisions are readily visible. Unfortunately, there are some medical errors that take longer to discover. When a doctor accidentally leaves a tool inside your body, you may feel the consequences after a few weeks or months.

You may try to treat the discomfort with over-the-counter medicines because you are unaware of the real problem. But the pain will persist until you get a diagnostic imaging test and find out the real reason that’s causing your discomfort. Keep in mind that you should get in touch with your lawyer right away upon discovery. He or she will help you pursue a claim before the statute of limitations is over.

Responsibilities of your Attorney

Your personal injury lawyer will listen to your case to get all the details and advise you of whether you have a malpractice case or not. Although attorneys have different styles, they usually start with obtaining your medical records. They will need all the nitty gritty on your case so that they can establish a strong defense for you. Some firms even go further in helping their clients look for a reliable doctor that can fix the medical problem. They can do all the legal work to find a trustworthy medical professional in your area.

Deadly Crane Accidents

On: July 13, 2015 By: Manuel Posted in crane accident, Hispanic, Law, personal injury, physical injury

crane accidents Safety hazards on construction sites should be followed strictly not only by the workers but by everyone. This is one sure way to avoid serious accidents from happening. Most of the hazards are caused by heavy equipment that is used in construction sites. No one can ever predict when an accident can happen, so it’s better to be safe than sorry.

Recently, a particular construction equipment has been prevalent in fatal accidents and this is the construction crane. Construction cranes are immediately noticeable in construction sites because of their size and their omnipresence is the reason why they are often involved in serious accidents. This should not be taken lightly as most cases of injuries sometimes lead to the death of a construction worker.

Types of Crane Accidents

Crane accidents are a very serious issue. One time, an owner of a construction firm in New York was killed when the arm of a crane malfunctioned and crushed him. He was about to check the crane for safety when the arm broke free and pinned him to the ground. Another breaking news involving a crane in a serious accident happened in Texas when a worker was crushed by conveyor that fell from an overhead crane. Moreover, a Tennessee plant worker was crushed between an overhead crane and a cab frame last February. There are just too many serious construction accidents that are related to the crane.

The mentioned accidents above are all very tragic and they are just common examples of construction incidents that are crane-related. What makes everything more unfortunate is that these accidents can be prevented. Responsible organizations, like the Occupational Safety and Health Administration (OSHA) has done everything they can to promote crane safety in construction sites and strictly oblige employers to abide by the guidelines of crane operation and maintenance. However, some owners tend to overlook safety practices and fail to meet the requirements.

Crane operators who do their work in a hurry have the tendency to improperly maneuver its arm and it might hit into live power lines that can cause electrocution for anyone that is in contact with the crane. The crane arm may also connect to a worker by accident which can instantly kill him or cause fatal injury. Cranes may also knock large objects from above and turn them into deadly matters, especially if the rigging is not properly secured.

Drinking Alcohol – Is it Good or Bad for You?

On: June 23, 2015 By: Manuel Posted in alcohol, Hispanic, Information, personal injury

Drinking alcohol and its relation to health has always been a controversial topic. Does drinking alcohol really keep you healthy? What signs should you look out for to determine that you’re already drinking too much?

Many studies and researches have shown that moderate alcohol drinking can help lower down a person’s risk of developing cardiovascular diseases. This means that a woman can consume one drink per day and a man one or two. There is a difference in the amount because women and men have varying metabolisms when it comes to alcohol.

Based on the information released by the U.S, Department of Agriculture, one drink is equivalent to:

12 ounces of beer
5 ounces of red wine
1 ½ ounces of spirits such as gin or whiskey which are 80-proof

Drinking Too Much is Dangerous for your Health

Although the limit has been set, some people just can’t stop with only one or two drinks. The consequence of having too much alcohol is suffering from some serious health conditions. Excessive alcohol intake can damage your liver which leads to cirrhosis, a fatal disease. Too much alcohol can also increase your blood pressure which can seriously damage your heart. This can result to many different types of cancer including mouth, breast, esophagus, prostate and colorectal. The risks are even higher for people who drink much and smoke as well.

The negative effects of alcoholism extend to the loved ones of the individual too. There are about 16,000 individuals who die every year in vehicular accidents that involve drunken drivers. The unfortunate thing here is that not only these drunken drivers die, but also their passengers, other motorists and even innocent bystanders. Health experts stated that alcohol is a depressant. It has the tendency to make people sad over time which can result to depression and other unfortunate events.

Abusing Alcohol

The following are ways on how you can tell if you or someone you know is drinking beyond limits.

If you feel that you should cut down on your alcohol intake.
If you feel annoyed when people criticize you about your drinking habits.
If you feel guilty during your drinking sessions.
If you treat alcohol as an ‘eye opener’ – you need to drink at least one shot to calm your nerves or get rid of a nasty hang-over.

These are just some of the signs that you can look out for. There are many other factors that can indicate that you’re already suffering from alcoholism, ask your health provider about it.

What It Takes to be a Victim of a Crime

On: May 12, 2015 By: Manuel Posted in Hispanic, Information, Law, personal injury, physical injury

personal injury victim People who suffer from violent crimes usually experience serious trauma afterwards. The physical injury suffered by these victims may be as obvious as cuts, bruises and broken arms or legs. Since criminal injuries vary, the effects towards the victims are also different. But no matter what the criminal action is, the victim is always left with damages, loss and trauma.

How to Cope with Trauma or Loss

Find someone to talk to and express how you feel. Don’t allow yourself to feel overwhelmed or panicked. Seek professional help when necessary.
Spend time with people you love and who makes you feel good.
Allow yourself to feel pain as it can be over soon.
Take care of yourself – get enough rest, eat healthy and do some exercise.
Try to come back to your normal routine, it may be difficult but it’s not impossible.
Get control of your life, take it one step at a time.
Do your daily tasks with care because accidents are more likely to happen when you are stressed.
Do things that will keep your mind off of what happened, don’t let the incident dictate your life!

Secondary Injuries

In the aftermath of every crime, a victim does not only struggle with the primary injuries but also the ‘secondary’ ones. Secondary injuries take place when you do not get the proper help that you need. These are usually caused by the people who surround you after the crime has happened – friends, family, professionals, law enforcers, judge, social service workers, etc. Try to avoid people who will not do you any good because they will just worsen your situation. Seek help from those who know how to help you cope. Failing to recognize your trauma or even just show sympathy will be damaging to your self-worth as a victim.

Interaction with the Justice System

It may be an agonizing experience to deal with the criminal justice system after being a victim of a violent crime. Because at this level, you will be asked to witness against the crime and it will be considered as a crime committed against the state. The procedure can be very difficult and may cause a lot of stress to you. You may also feel that you are not in control or directly involved in the prosecution of the offender.

But keep in mind that your cooperation is critical to seeking justice for the crime committed. Just make sure to find a lawyer who will keep you well-informed and updated about the proceedings. This will help you feel that you have a voice in the process and that you’re getting the justice that you deserve.

Physical Therapy for Injuries

On: April 15, 2015 By: Manuel Posted in Health, Hispanic, Information, Law, personal injury, physical injury

physical therapy for injuries Sports injuries are common especially for hard-core athletes. However, it should be prevented as much as possible because it can greatly affect the life and career of an athlete.

Injuries may happen during different physical activities – competitions, training exercises, fitness programs, etc. Some of the causes of injuries are poor training techniques and improper warm-ups.

To fully recover from an injury caused by any physical activity, physical rehabilitation is needed. The process will help the victim regain strength and enable him or her to move the affected parts of their bodies. Furthermore, therapy sessions will help them manage the pain, prevent permanent damage and the case from getting worse.

Physical therapists are specially trained to assist patients in recovering from their injuries. Sessions usually include exercises, stretches and other techniques that are coupled with equipment to properly address the problem.

Common Sports Injuries

Since there are many different athletes, they are also exposed to varying sport’s risks. The most common types of injury that they may suffer from are sprains, knee injuries, shin splints, fractures and strains.

Whatever type of injury they may have, it should always be properly addressed to keep the athlete safe. It would be helpful to study the biomechanics of an athlete undergoing therapy – especially for golfers, baseball and tennis players.

Although it can be applied to any athlete, the sports mentioned above have biomechanical concepts which constantly put the same body parts through the same stress. Athletes who play tennis or baseball are most likely to endure the same injuries such as inflammation or pain on the outside of the upper arm.

To avoid enduring such injuries, they need to be precise when playing to avoid causing an excessive load of force on the same anatomical structure.

Sports Injuries and Treatments

If there are two things that a physical therapist should know before treating a patient, it would be the exact affected area and the extent of the injury. Before starting a rehabilitation program, it is important for a therapist to carefully evaluate the situation. Injuries follow a normal healing process, they take time to heal – acute phase, subacute phase and chronic phase.

The acute phase includes rest, ice, compression and elevation. The subacute phase is a control motion phase wherein the patient can do a range of motion exercises with ample assistance. The last phase is when an injured athlete does pre-injury work-out routines. He or she is finally on his or her way to full recovery!

Seat Belts Can Save Lives

On: April 13, 2015 By: Manuel Posted in Hispanic, Information, Law, personal injury, physical injury, seat belt

Seat belts are often overlooked by motorists and passengers, completely unaware of how this simple thing can help save their lives. During a vehicular accident, a seat belt can protect the passengers from incurring serious injuries. So if you’re one of those people who don’t snap on their seat belts or if your children do not have the right safety seats for their weight and age, then you should definitely read this article.

Many physical injury cases that involve vehicles result from a simple miss of snapping one’s seat belt when inside a traveling car. It has been proven that a seat belt can save a life from any vehicular accident – may it be on quiet streets or busy superhighways. This claim can be supported by data from the National Highway Traffic Safety Administration which states that around 15,000 lives are saved each year from different car accidents in the United States.

Here are some things that your seat belt will do for you.

It Will Keep You and Other Passengers Inside the Vehicle During an Accident

People who are thrown from the car during an accident are four times likely to die than those who are still inside.

Seat Belts Will Restrain the Strongest Parts of Your Body

When properly strapped, a seat belt will restrain the strongest parts of your body during an accident. For adults, these are your hips and shoulders. Having your seat belt properly buckled will prevent these body parts from incurring serious injuries in case of an accident.

Spreads Out Any Force form the Collision

Seat belts that restrain your lap and shoulders will even out the force of a crash all over your body. This will help prevent any one part of your body from incurring a serious injury. The shoulder strap will also keep your head and upper body from hitting the dashboard, steering wheel or any interior part of your vehicle.

Seat Belts Slow Down the Body

A quick change in speed is the usual reason why motorists incur serious injuries during an accident. With the help of a seat belt, your body has extra time to slow down during an abrupt stop, change in speed or if you get hit by another car.

Protection for Spinal Cord and Brain

Seat belts are specially designed to protect the spinal cord and brain – which are two of the most critical parts of your body. Head injuries are sometimes hard to detect and they can lead to death in some cases. Moreover, injuries in the spinal cord can also lead to serious consequences.

Federal Judge Refuses New Reform Law for Health

On: March 26, 2015 By: Manuel Posted in Health, Hispanic, Information, Law, personal injury, Spanish

new health law A federal judge has just ruled the new health care reform law in the United States as unconstitutional. He said that the federal government does not have the right to demand payment from people for health insurance.

This provision is an important part of the new legislation which was signed by the President himself, Barack Obama. Many people have anticipated the judge’s decision. It garnered both support and criticism from different parties of the legislation. However, the final decision about the new health law will come from the United States Supreme Court.

The ruling of the said law was handed down by Henry E. Hudson, District Judge of the United States. He is a Republican who was appointed by former President George W. Bush. He did the ruling in sympathy to the state of VA where oral arguments were conducted last October according to Associated Press.

The White House retaliated to the ruling by stating that a negative ruling will not affect the implementation of the new health law, especially when its major provisions will not take effect until later.

Moreover, the Attorney General of Virginia who is also a Republican had filed a lawsuit against the new law. The lawsuit is intended to bar the federal government from requiring the citizens of VA to purchase health insurances. His argument states that it is unconstitutional for the government to demand from people to buy health insurances and to charge fines if they don’t.

The United States Justice Department stated that the new health law is within the scope of the federal government’s power under the Commerce Clause. But the Attorney General argued that purchasing an insurance plan is an economic issue and is no longer in the government’s authority.

Key Provisions of the New Health Law

Health insurance plans should provide coverage to individuals who have pre-existing medical conditions.
Health insurance plans should allow children to stay on a parent’s coverage until they reach the age of 26.
Health insurance plans should no longer include lifetime dollar limits on essential benefits.
New health insurance plans should include preventive services like mammograms and various screenings without assessing deductibles or co-payments.

Federal Development Prioritizes New Drug Development

On: March 23, 2015 By: Manuel Posted in Health, Hispanic, Information, Law, personal injury

Many drug developments that look efficient during laboratory tests never make it to retail or pharmacies for some reason. The National Institutes of Health wishes to address this unfortunate issue in the hope of improving this area of the medical industry.

new drug discovery The National Institutes of Health (NIH) is establishing a new government center in Washington to aid in the improvement of the drug industry. The advisers of the said organization strongly suggested the idea last December to promote new drug discoveries for humans that were conducted in government accredited laboratories.

As the years go by, fewer pharmaceutical companies are willing to risk money and time to develop a new drug from scratch. The early stage of developing a new drug is referred to as the ‘Valley of Death’ in the industry because it involves high risk of loss. Just think, 99.9 percent of this early phase may result to working on therapeutic compounds that may turn out to be an unapproved drug.

Bringing a single new drug to the market can cost at least $1 billion – a risk that most companies are hesitant to take. Furthermore, even more money will be lost for marketing the drug once it gains FDA approval.

The proposed new center by the NIH should serve as the place for preclinical groundwork. They plan to name it as the National Center for Advancing Translational Sciences. The center shall be where every promising compound will be tested. The NIH will then hand down the information to respective private companies that are responsible in refining the compounds into new drugs.

The new center will not be a threat or a competition to drug companies that develop medications for various illnesses. Its focus shall lie on neglected drugs for various diseases, drugs that are no longer interesting for other companies.

Focuses of the New Drug Development Center

Work on improving the various processes of therapeutic development
Serve as the translational medicine department’s central access for resources, tools and knowledge
Foster in strengthening the relationship between the government, non-profit groups, academia and venture capitalists
Offer incentives for exchange of scientific information and the announcement of failed results

The new center should cost around $700 million to build and will focus on two different programs – Therapeutics and Rare and Neglected Diseases Program and Rapid Access to Interventional Development. However, it may also cover a number of agency programs that are related to the drug industry.

Criminal Injuries Claim

On: March 12, 2015 By: Manuel Posted in Hispanic, Information, Law, personal injury, Spanish

Criminal injuries claim are filed by victims of violent crimes or those who suffered from an injury from the hands of a criminal. Making such claim is not a complicated process, especially if you have a good lawyer to help you out. Choose an attorney who will be able to clearly explain the legal technicalities of your case until you understand.

Eligible People to Claim for Criminal Injury Compensation

It is always a traumatic experience to be a victim of a crime, especially if it involves physical injury. Some victims who incur scars are forever reminded by the tragic situation that they experienced. If you suffered from physical injury because of violence that was used towards you, you should definitely file a claim of criminal injury. It should be very unfair on your end if you continue to suffer after the incident has took place for a long time.

The quality of life that you lead may be impacted by the actions of a criminal and you may suffer from both physical and mental injuries. It may also cause unbearable emotional stress and you have to seek justice for that.

If in any case you feel that you have been physically or psychologically violated by the actions of a criminal, then claiming compensation is certainly one of your legal rights. Although winning financial compensation will never make up for the pain and hurt that you’ve incurred, it can still help you improve the quality of your life.

Types of Criminal Injuries Claim

There are many types of criminal injuries claim that can be made. Here are some examples to help you.

The first one can be made directly to your criminal attacker. Usually, attorneys do not advice this type of claim because it can be difficult to enforce the judgment. Most of the criminal attackers are not financially capable to pay the claimant. Therefore, you will not receive the appropriate compensation for your injuries. In some cases, the judge will rule that if the criminal is put to jail he or she will no longer be liable to pay you anything.

Next example is a claim that you can file against your employer. You can do this if you have been the victim of a violent crime while performing your role at the workplace. The claim you make against your employer will depend upon the circumstances during the incident. If there wasn’t enough security at your workplace, then you may argue that your employer did not impose the necessary precautions to protect you as an employee.

Always remember that there is a designated organization that can help you when filing a criminal injury claim. Never hesitate to seek help whenever you need it because criminals should always be punished for their violent actions.

Child Abuse and Its Causes

On: February 12, 2015 By: Manuel Posted in child abuse, Hispanic, Information, Law, personal injury, Spanish

Physical child abuse pertains to any injury or trauma that a child incurs during unfortunate events that are usually borne out of anger. This was called battered child syndrome too. However, the definition of child abuse had been altered and expanded through the years.

What are the Causes

The biggest driving factor behind child abuse is stress. Majority of the people who commit child abuse are those who were abused themselves when they were children. They are often misled and they fail to realize that hurting their child is not the right way to discipline. Some people who commit child abuse also have poor impulse control. They are unable to think rationally about what can result from their actions.

There are many cases of child abuse occurring today and the most common one is neglect. It is prevalent in all kinds of race, ethnic background or social status – even in the Hispanic community. The appearance or background of a person is not enough to tell if he or she is an abuser.

Risk Factors of Child Abuse

Alcoholism
Drug use
Domestic Violence
Poor education
Poverty

Signs of Child Abuse

Bruises that are shaped like hands, fingers or objects
Unusual broken bones
Bulging fontanelle
Burn marks such as cigarette burns
Circular marks around the wrists or legs
Bite marks
Lash marks
And many more…

Note that many adults bring their child to the emergency room with strange explanations about how the child incurred the injury. That’s one sign that a child is experiencing child abuse.

Treatments

Always make sure to report any incident of abuse and neglect to the authorities immediately. Most states have their own child abuse hotline and there are support groups that are always willing to help.

Parents of abused children will be subject to undergo counseling or other type of intervention. What usually happens is that the child will be temporarily or permanently removed from the house to prevent further abuse from taking place.

The authorities will base their action on the situation. If they think the abuse upon the child is something permanent and life-threatening, they will file a case against the parent.

Counseling such as play therapy is one of the treatments use for child abuse. Children who have undergone traumatic experiences will need all the help that they can get to move on from the pain and fear inflicted upon them. If they fail to undergo such therapies, they will develop serious psychological problems growing up.

The appropriate organization will make the final decision concerning the child. They can look for an outside caregiver or return the child to the parents. Everything will be discussed in court, depending on which state.