Author Archives: Helen

Medical Malpractice Questions to Ask An Attorney

Medical malpractice occurs within the health care profession more often than many would like to believe, unfortunately. Such a personal injury case occurs when a doctor or another health care professionals makes a mistake during their diagnosis or treatment of any type of ailment that leads to more concerns or damages to the individual. Some mistakes may occur, but those can be rectified in the long run. Malpractice is the only feasible option when something goes so wrong that it requires more surgery, medicine, or treatment in order to effectively heal or work with. This is a massive inconvenience for most people, especially an injured individual who is out of work. The first step should be looking into medical malpractice lawyers Toronto.

1. Your Lawyer’s Research

In order to prove medical malpractice took place and there is a court case involved, your attorney will want to perform a bit of research of their own. This will usually involve a few questions that you must answer, including whether or not there was a doctor-patient relationship involved, how the doctor may have treated you while on the premises, and whether or not any damages stemmed from the doctor’s decision or mistake. These are all considered malpractice.

To define medical malpractice, the lawyer will need to receive full answers for every question mentioned above to determine the case is viable or not. Such cases usually hinge on whether or not the doctor breached the standard of care for their patients.

2. Questions to Ask

As mentioned before, your first step should be to contact a personal injury lawyer as soon as possible. If you believe you were the victim of medical malpractice, speaking with a professional attorney immediately will be truly beneficial to all involved.

To start, you should have a few questions to ask your attorney so you may fully understand the situation on hand. Keep payment off your mind, as most personal injury attorneys won’t charge you for their services or representation straight off the bat. They will take a cut after winning the case, though.

Okay, so a few questions to ask include:

  • Can I file a medical malpractice suit in my home state if I traveled out of state for medical treatment? Do I have to file in the state where the medical treatment was received? Can you, a personal injury attorney, represent me in the other state?
  • Does our home state have “tort reform” laws in place to limit the amount of damages received for medical malpractice?
  • Is there any sort of time limit involved with filing a medical malpractice lawsuit? What if I only learned of the doctor’s mistake years afterwards?

For more information, please check out the Bogoroch & Associates LLP website.

Dealing with an ICBC Contract Breach

An ICBC Claim results when you are injured in a car accident in British Columbia. The ICBC is required to provide accident benefits regardless of who has caused the accident. These benefits are supposed to cover expenses such as rehabilitation and medical bills. However, there is a limit of $150,000, and ICBC cannot offer settlements above this amount. These benefits are also supposed to cover other expenses such as chiropractor treatments, physiotherapy, medical equipment, home services and medication. Furthermore, ICBC is supposed to offer you wage loss benefits if you are unable to work as a result of the accident. Some of the ICBC Injury Claims that can be compensated include future loss of earning capacity claim, wage loss claim, pain and suffering claim, the cost of future care expenses claim as well as special damages claim. However, the ICBC does not cover small accidents and will refer you to their low-velocity impact collision program.

1. Breaching ICBC Contract

An ICBC policy takes care of several things such as personal injury claims, property damage and getting an ICBC lawyer for you in case of an accident. Before you sign their policy, ICBC will remind you that their contract is just like other contracts and it can be breached. Whenever you breach the ICBC contract, they will not compensate you in case of a car accident. As a result, following an accident, ICBC will sue you to recover payments that you may have received or the payment that may have been made to the other parties in the car crash.

Some of the reasons that can lead to breach of contract include a hit and run, racing, fraud, failing to remain at the accident and trying to evade the police. Other reasons may constitute of using your car for illegal purposes such as trafficking drugs and immigrants, refusing to corporate with the police and driving under the influence of drugs. Whenever this happens, ICBC claims are denied, and no compensation is made.

2. Who determines breach of contract?

Proving breach of contract is a complicated process that involves many parties. Whenever an ICBC adjuster claims that there is breach of contract, you are allowed to take the matter to internal dispute. Lucky ICBC settlements didn’t end in the internal review stage. You can take the ICBC to court as the breach is a more than an opinion. It should be treated as a matter of law. In many car accidents, the court has found that the breach was wrongfully imposed and therefore, the plaintiff should have been compensated.

On an average day, many lawyers aren’t enthusiastic when handling ICBC cases especially when the police is involved. To avoid unnecessary stress, ensure that you understand every bit of the ICBC insurance policy before you consent to it.

10 Pieces of Evidence That Can Win Your Case

Parents who are about to walk into family court often want to know what they can do to build their case. In order to have a great day in custody court, you need to have evidence to show the judge. Here are 10 pieces of evidence that can help you win your case:

1. Emails and texts

Parents are often brutally honest with each other over emails and texts. If your child’s other parent calls you names or denies you access to your child, copies of these messages can be persuasive evidence that they’re not willing to co-parent with you.

2. Teacher testimony

Teachers often provide valuable, neutral insight about how a child functions at school. If they’re behind their peers or they struggle socially, their teacher may be able to explain to the court what’s going on. This might convince the court to make a change or put additional rules in place for the child’s benefit.

3. Criminal convictions

What a parent has done in the past is often a good sign of what the court can expect them to do in the future. A criminal conviction can be evidence of domestic violence, violent behavior or a substance abuse problem. This can convince the court that a parent might need treatment, counseling or extra conditions on their parenting time.

4. Photos of the child

Smiling photos of you and your child can help counter arguments form the other parent that your child doesn’t like you or that they’re afraid of you. Showing the court how your child eagerly spends time with you can help the court understand the relationship that you have with your child.

5. Medical records

A child’s medical records can prove abuse or neglect. They’re also important in a situation where a child has special needs that might need extra child support or that might warrant a unique parenting schedule. Your child’s health care providers may need to testify.

6. Records of your parenting schedule

If your co-parent consistently asks for parenting time and then never shows, the court needs to know about it. If the other parent has only seen the child sporadically in the last few months, the court needs to know about that too. Courts want children to have stability. That means the past comes into play as the court decides the future.

7. Evidence of substance abuse

If your co-parent abuses alcohol or drugs, any evidence of the abuse can help the court make its decision. You might include records of disrupted employment. You might obtain photos of drug paraphernalia. Anything you can do to document the other parent’s substance abuse can help you convince the court that your concerns are valid.

8. Community records

The court wants to know that your child is involved in your community. This might mean presenting records that your child participates in an extracurricular activity. You might have photographs of your child attending community events. These pieces of evidence convince the court that the child is settled and happy with you and the community that they live in.

9. Your testimony

Your own words are a valuable piece of evidence. It’s important to tell the court about your interactions with the other parent. You can give the court your reasons for wanting the custody and parenting schedule that you’re asking for. Your divorce lawyer can ask you the right questions when you’re on the witness stand.

10. A certification from a parenting class

If you have a domestic violence conviction or you just want to show the court that you’ve brushed up on your parenting skills, certification that you’ve completed a parenting class can help your case. This can show the court that you’re eager to be a parent and do your best to work cooperatively with your co-parent. The Elliot S. Birnboim website may be able to provide you with more information.

5 Steps to Take In an Employment Law Case

If you feel like you have been the victim of a wrongful termination or unfair dismissal, it may be worthwhile to talk with an employment lawyer. However, it will be on you to gather evidence and take other steps to ultimately prove your case. If you need more information from an expert, Whitten & Lublin may be able to help you. What do you need to do in order to resolve an employment law case?

1. Determine If You Have a Case

While you may believe that workplace issues rose to the level of creating a hostile work environment, that may not be how the law sees it. It may be worthwhile to go online to research employment law in Canada to see what statute that you may wish to file a complaint under. You may also want to consider talking to an employment law professional about whether or not there is any legal theory to support legal action against an employer.

2. Gather Physical or Digital Evidence

It is critical that you have physical evidence that you can use to establish that illegal activities took place at work. Physical evidence may include pictures or cards that you received that contained disparaging language or graphics on them. You may also wish to keep copies of harassing emails or text messages that you received from another worker or from a manager. If you are planning on filing a lawsuit in the near future, try to record any conversations that you have with managers or other colleagues about your case as they may say something incriminating.

3. Get Witnesses to Verify Your Story

In addition to physical or digital evidence, you will likely need witness statements to back up your claims. These statements can either be submitted in writing or given as testimony in open court. In some cases, it may be best if a witness does both as that strengthens both their testimony and your version of events. Witnesses can be anyone who may have seen your work rights be violated or anyone who you told about your experiences in the workplace.

4. Request a Copy of Your Personnel File

It is likely that your employer is going to look for any excuse they can find to justify your termination or dismissal. Getting a copy of your personnel file ensures that your employer can’t add or edit documents without your having the ability to challenge those changes. Your attorney may also want to review your personnel file to see what may be used against you during the legal process.

5. Request a Copy of Any Complaints Made to the Company

If you made a complaint about any harassment that you received at work, make sure that you get a copy of those as well. In fact, it may be a good idea to keep a copy of what you wrote on your computer or other device. At the very least, you will have a statement from the time when you actually took action. This is important because lawyers for your employer can’t try to show that your memory was flawed or that you were exaggerating when recalling past events.

If you have had your rights violated, it is important that you stand up for yourself by any legal means necessary. Employment laws may prevent companies from terminating employees based on anything other than job performance. An attorney may be able to establish that your employer violated the law, which means that you may be entitled to compensation and other forms of relief.

4 Legal Situations that may Require a Medical Expert Witness

We all know that members of the medical community are not perfect. Like us, they are human and prone to making occasional mistakes. However, when human error results in significant loss of time, income, or health, the victim may decide to file a lawsuit with the help of a medical expert witness. Here are four situations where a medical witness may be needed.

1. Serious personal injuries.

If you sustain significant medical or psychological injuries as a result of someone causing a medical accident or negligence, you may be eligible for legal compensation. A medical malpractice experts witness selected by your attorney can evaluate your medical records to determine if there is probable cause due to a medical practitioner’s mistake. The medical expert’s professional opinion and report will play a critical role in supporting your claim if you sue a medical professional, such as a doctor, nurse, pharmacist, or a business like a nursing home or hospital, for damages.

2. Financial losses.

A medical problem ensuing from another person’s error that causes you to miss work or lose other sources of income may require the help of an expert medical witness to verify the medical issue as a justifiable reason for financial losses. In addition, having to pay out-of-pocket medical provider expenses, along with copays and deductibles, can be analyzed by an expert witness looking for a cause-and-effect relationship to the medical problem caused by another person.

3. Medical expenses.

If medical malpractice causes you to require emergency care, medication, EMS transport, and other related costs, these may be recoverable through litigation. It is important to keep a list of all out-of-pocket bills paid for medical care required as a result of medical malpractice on someone else’s part. Treatment that includes hospitalization, therapy, and renting medical equipment may be factored into the legal claim if an expert can prove they are related to medical malpractice.

4. Temporary or permanent disability.

When medical malpractice results in temporary or permanent disability, a medical expert will need to carefully evaluate all relevant records to confirm the connection. Long-term suffering and damage will be factored into the legal equation, whether it lasts weeks, months, or years. Disability care may require special medical equipment, supplies, treatment, medication, and routine exams with tests, all of which can be time-consuming and expensive, along with the possible loss of employment.

Victims of medical malpractice may feel as though their injuries and losses are self-evident. But in the courtroom or during a settlement conference, clear evidence and expert testimony are required to support the plaintiff’s claim. Medical malpractice attorneys can advise you if an expert witness is needed to evaluate your injuries. You may be interested in JD.MD, Inc. if you want more information.

The Worst of the Worst” on MSNBC!

Yesterday morning, Melissa Harris-Perry screened a clip of The Worst of the Worst in a segment on solitary confinement. VLP Founder Valarie Kaur explained how solitary breaks down spirits on both sides of the bars, exacting a huge price on all touched by Supermax prisons. Inmates, correctional officers, their families, and state taxpayers shoulder the burden of a system that holds 80,000 people in the US in a given year. Watch the clip below!

Worst of the Worst’ Featured on Colorlines and Screened for MA Legislators

‘The Worst of the Worst’ was highlighted by the news media organization and social justice advocacy center, Colorlines.

And VLP Co-Director, Aseem Mehta, was interviewed by the Needham Times (Needham, MA) regarding the presentation of “The Worst of the Worst” to Massachusetts state legislators in a legislative briefing for a new proposal to limit the use of solitary in MA.

The Worst of the Worst” at Northeastern University (9/26/2013)

The Northeastern Humanities Center and the Criminal Justice Policy Coalition present:
The Worst of the Worst 
Film Screening and Panel Discussion
Thursday, September 26, 2013
5:30 p.m.
Northeastern University’s Alumni Center
716 Columbus Place – 6th Floor
Boston, MA

A new film by the Visual Law Project at Yale Law School, The Worst of the Worst (2013) examines the rationale and impact of solitary confinement and super-maximum security prisons in the United States. The film will be followed by a panel discussion featuring an interdisciplinary group of experts.

Light refreshments provided.

 Panelists

Aseem Mehta

Co-director of The Worst of the Worst film

Natasha Frost

Associate Professor of Criminology and Criminal Justice, Northeastern

Daniel Medwed

Professor of Law, School of Law, Northeastern

Carlos Monteiro

Ph.D. candidate, School of Criminology and Criminal Justice, Northeastern

 

Moderator

 

Andrew Zarro

Executive Director of the Criminal Justice Policy Coalition

The Worst of the Worst in the Bay Area!

This week VLP-founders and emeriti Valarie Kaur and Sharat Raju will be presenting and speaking about “The Worst of the Worst” in the Bay Area. Don’t miss the screenings at Stanford University and the 2013 United Nations Association Film Festival. Details below:

October 16, 2013 – Screening of “The Worst of the Worst”
12:45pm – 2:00pm, Stanford Law School, Room 180
559 Nathan Abbott Way, Stanford, CA

October 19, 2013 – UNAFF 2013: Individual to Universal
3:20 pm, Aquarius Theatre
430 Emerson St., Palo Alto, CA
“The Worst of the Worst” will be screened at Session 7 of the film festival.

Free admission for students. Click here to purchase tickets.