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Friday, February 8, 2019

When to Hold a Hospital Liable for Your Medical Malpractice


If you suffer medical malpractice injuries in a hospital setting, you may be able to hold the hospital or the individual who caused your injury liable for your damages - and in some cases, both groups can be liable. Here are some of the cases in which the hospital might not escape liability.
Hospital Employs Unqualified Staff
The hospital is responsible for the credentials and qualifications of the staff it hires. A hospital that hires unqualified staff is liable for the injuries the staff might cause. The liability of the hospital is even more likely if an unqualified employee causes an injury that a qualified employee might not have caused.
Consider an example where a surgeon makes a surgical mistake during a transplant operation because the surgeon is not qualified for the specific transplant surgery. If the surgeon is an employee of the hospital, then both the surgeon and the hospital may have to pay for your injuries.
Hospital Accepts Unqualified Independent Contractors
Hospitals do not always employ doctors; many hospitals have arrangements with the doctors that let the doctors operate as independent contractors. In such cases, the hospitals are not always liable for the mistakes that the independent contractors might cause. However, a hospital that lets an unqualified contractor use its facilities is liable for the injuries the doctor might cause.
For example, a hospital may fail in due diligence and allow an unlicensed doctor to work as an independent contractor. In such a case, you may hold the hospital liable for your injuries based on the hospital's inability to vet the doctor properly.
Hospital Provides Few Nurses
Nurses provide critical services, and hospitals must ensure that they have a sufficient number of nurses at any time. Otherwise, some patients might not get the care need and incur medical complications. In such a case, the hospital's inability to provide adequate nurses will make it liable for the medical malpractice.
Take an example where a patient fails to get the necessary drugs because a hospital doesn't have enough nurses. If the patient suffers medical complications due to lack of drugs, the patient may have a case against the hospital for medical malpractice.
Hospital Employee Fails to Follow Orders
If a hospital's employee fails to follow orders - and the failure leads to medical injuries - you may be able to claim damages. A good example is a nurse aid that doesn't follow the instructions of a nurse or a nurse who doesn't follow the instructions of an independent doctor.
For example, an independent doctor may instruct a nurse to give you certain medication, but the nurse accidentally gives you the wrong dosage. Depending on the circumstances, you may hold the doctor, hospital, or nurse liable for your injuries.
Hospital Employee Is Negligent
Lastly, the hospital should also pay for your damages if one of its employee's negligence leads to your injuries. In this case, you can use the principle of respondeat superior to claim damages from the hospital. Respondeat superior is a legal principle that makes employers liable for the damages that their employees may cause.
Respondeat superior applies as long as:
  • The employee caused your injury while they were on the clock.
  • The negligent act is part of the employee's duties.
  • The employer benefited from the employee's activities at the time of the injury.
As the plaintiff, the responsibility is on you to prove the above elements and hold the hospital liable for your damages.
You have a limited amount of time to file your medical malpractice case, so you need to move fast. Contact Attorneys Lee Eadon Isgett Popwell & Owens to review your case and help you chart the way forward. We will help you get compensation - whether from the hospital or an individual medical practitioner.

Sunday, January 6, 2019

Release of Responsibility: What You Should Know Before You Sign

If you get hurt in an accident due to negligence of another party, you have the option to sue for compensation of your damages. Throughout the process of your case, you will be signing multiple documents. One of those important documents includes a release of the at-fault party and the insurance company from additional responsibility for your injuries.
This document means if you reach a settlement with the party at fault and the party's insurance company, you agree not to bring additional claims against either in the future for this particular instance. Additional important information spelling out the details of the settlement will also appear in the release. The following are some details and stipulations in the release of responsibility.
The Amount of the Settlement
One important part on a release is the amount of the settlement. The settlement includes the total you will receive for your injuries, damages, and losses due to the accident caused by the negligent party.
The Release of Claims
Once you sign the agreement, you release the faulty party and any other involved parties from additional liability for your claim against them. You essentially say you will not make any further claims against anyone listed in the release. You cannot ask for more monetary compensation related to your claim.
The Agreement to Indemnify and Hold the Defendant Harmless
Another section of the release states that you will not hold the faulty party responsible for claims of any sort. This includes anyone who claims an interest to any portion of the proceeds in exchange for the release.
Specifically, this includes liens on health insurance or healthcare, subrogation claims, government liens, claims of medical support assistance, or other third-party claims on the settlement in exchange for the release.
The Confidentiality Clause
When you sign a release, you are not allowed to disclose certain details of the case, including:
  • The existence of your release
  • Any terms on your negotiations within the release
  • The amount you receive as a settlement
If any other third party attempts to gain information regarding your release, you have to inform the requesting party about the confidentiality of the agreement.
However, there are some exceptions to whom you can speak to regarding your settlement. For instance, you may speak to an accountant or financial advisor when the discussion surrounds how to manage the settlement.
The Legal Fees and Release Enforcement
Some release agreements will include any legal costs associated with the enforcement of any provisions held within the release. The party who wins the legal action is entitled to his or her attorney's fees and legal expenses.
 The Tax Implications
The release also states you are responsible for local, state, and federal tax liability regarding payments made to you under the release. Many attorneys recommend that you speak to your accountant or financial advisor to ensure you settle your tax obligations properly.
The Jury Waiver and Court Approval
Finally, your signature on the release states you agree to waive the right to a jury trial for your claim should the agreement need further litigation. In some cases, the release is not effective unless a court order approving your settlement is ordered and the lawsuit is dismissed permanently.
Going through a lawsuit for your personal injury is a long and complex process requiring a lot of important documentation. Do not attempt to negotiate a personal injury claim on your own. You need a skilled, experienced personal injury attorney on your side to help you. Please contact us at Attorneys Lee Eadon Isgett Popwell & Owens for assistance. We'll be happy to help you on your case.

Tuesday, October 23, 2018

Compensation for Car Accidents in Poor Weather Conditions


Car accidents happen for many reasons. While accidents can happen on the sunniest of days, bad weather increases the likelihood of accidents. Weather conditions play a large part in many accidents, so determining who is at fault can sometimes be challenging.
Why Do Insurance Companies Deny Claims for Bad Weather Accidents?
Recovering compensation for your damages due to bad weather, or even good weather, requires proof of the other driver acting negligently in causing the accident. You also must prove your injuries and damages to personal property were the result of the other driver's negligence.
Proving negligence in a car accident caused by bad weather may present a challenge to claims. Insurance companies may blame the weather for causing the accident, instead of their insured driver. An attorney will start your case by investigating the accident thoroughly, including what role, if any, the weather played to take on the possible challenges presented by the bad weather.
What Is a Driver’s Responsibility on the Roadway?
Drivers must always operate their vehicle with care, keep their vehicle under proper control, and maintain the vehicle so it is safe for the road. To prove negligence of the other driver in an accident in bad weather, you must show that they failed to uphold this responsibility.
Operating a vehicle in bad weather requires an even higher expectation for a driver’s responsibilities. For instance, when rain limits your visibility and causes the water to pool on the roads, the driver remains responsible to keep their vehicle under proper control and to pay even more attention.
Drivers also have a duty to obey speed limits accordingly. Speed limits are designed for ideal road conditions, not the poor conditions caused by bad weather. When a driver is traveling too fast in wet conditions and loses control of the vehicle during bad weather, the driver could be responsible.
What Other Ways Could a Driver Be Negligent?
In addition those ordinary responsibilities, the driver should also use headlights so they are visible to other drivers, beware of hazards created by a storm, and have working windshield wipers to clearly see the roadway.
If you need assistance with a car accident claim, please contact us at Attorneys Lee Eadon Isgett Popwell & Owens. Our firm focuses on those who need assistance with car accidents and personal injuries. Please give us a call with any questions or concerns you have about your claim.

Wednesday, September 19, 2018

Distracted Driving: What You Need to Know | LEIP Law


Today, distracted drivers are hitting the roads more than ever thanks to the rise in technology and cell phone use. Unfortunately, this spike is also causing a rise in automobile collisions.
If you were hit and injured by a driver who is distracted, you may be able to recover your damages. In your recovery efforts, however, you must prove that the driver was distracted.  Here are a few things you should know about distracted driving.
What Qualifies as Distracted Driving?
Car accidents occur when a driver is careless, reckless, or negligent behind the wheel. An obvious distraction is cell phone use, whether it is texting, talking on the phone, or checking social media. Cell phones aren’t the only means of distraction, as one may easily take their eyes off the road when eating, reading, fixing their hair or makeup, talking to passengers, or adjusting the radio.
How To Prove the Other Driver Was Distracted
Proof is essential and required in all cases, and it is just as important when proving the driver who hit you was distracted at the time. Proving a distraction may be difficult in some cases, but here are a few tips to help support your claim.
Evidence
If you are able, start gathering evidence at the scene of the wreck. Take some pictures of the scene, where the vehicles are situated, tires marks, or other notable scenes from the collision. Also, try to notice whether the other driver was eating or attempting to put on makeup before the wreck.
Witnesses
Eye witnesses to a collision are incredibly beneficial in determining what happened during a car wreck. Take note of the individuals at the scene who may have witnessed the event, and ask for their names and phone numbers.
If businesses are located near the scene, check with them to see if they have surveillance footage covering the roadway. Those businesses may also have employees that witnessed the collision.

Whether it is texting and driving or looking down to grab a sandwich, distracted driving places others in serious danger. If you need help after being injured by a distracted driver, please contact LEIP Law.

Thursday, August 23, 2018

Why You Should Pursue Legal Action After a Car Accident


It's official, I have a blog and I know how to use it.

I have finally decided to take the plunge and add a blog to my site. I always wanted an easy way to share information with visitors and I'm super excited to start this journey. Keep coming back to my site and check for updates right here on the blog.