The legal definition of wrongful death is “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.” A lawsuit for wrongful death may only be pursued by a personal representative of the decedent’s estate. A representative may also pursue action pertaining to pain and suffering, personal injury, and/or medical expenses occurring prior to the decedent’s death. Any damages collected will become property of the estate and thus distributed … [Read more...]
Traumatic Brain Injuries
According to the Center for Disease Control and Prevention, approximately 1.7 million people sustain a traumatic brain injury (TBI) each year. Of those, 1.365 million result in emergency room treatment, 275,000 result in hospitalization, and 52,000 result in death. Over 35 percent of TBIs are caused by slip and fall accidents, and more than 17 percent are the result of automobile accidents. Traumatic brain injuries are categorized as mild, moderate, or severe, as determined by the … [Read more...]
Preparing for a Medical Malpractice Case
Do you suspect you have cause to sue for medical malpractice? While the laws regarding medical malpractice vary some from state to state, there are some general rules which can help you to know that you had a case. First, you have to be able to prove that a formal doctor-patient relationship existed between you and the individual you wish to sue. This means that you hired the doctor to treat you and the doctor agreed to the arrangement. An informal doctor-patient relationship, such as you … [Read more...]
Traumatic Brain Injuries
A traumatic brain injury (TBI) can result from any type of accident involving a blow to the head. Unfortunately, TBI’s often do not reveal themselves immediately after the injury takes place. The signs a TBI is present can be subtle, and may not be noticed for days or even weeks. Medically speaking, there are two different types of TBIs. A mild TBI is defined as one in which loss of consciousness after impact lasts for less than half an hour. Symptoms include seizures, nausea, trouble … [Read more...]
Wrongful Death Cases
The legal definition of wrongful death is a death that is “caused by the wrongful act, neglect, or default” of another person or entity. The death can be the result of something as straightforward as an automobile accident, or as complex as a mechanical failure caused by an issue known to the manufacturer. In the Commonwealth of Virginia, wrongful death lawsuits can be filed by family members or dependents of the deceased. The right to file is first held by the surviving spouse, children, … [Read more...]
Medical Malpractice
According to the law, medical malpractice has occurred anytime a health care provider deviates from the recognized “standard of care,” which is what any reasonable medical provider would or would not do in circumstances that are the same or similar, when treating a patient. In other words, it is considered medical malpractice when a provider has been negligent. Unfortunately, the consequences of medical negligence are deadly; the Journal of the American Medical Association reports it is the … [Read more...]