Medical Malpractice: The Two Grounds For Pursuing a Lawsuit

Image source: vanderbilt.edu

Physicians are trained to be very cautious and meticulous with their responsibilities, especially that lives are what at stake. However, as with most professions, this field involves plenty of risks, and errors do happen. In the case of medical malpractice, doctors may be sued for causing harm or injury—even if unintentionally—to their patients. There are at least two situations when such lawsuits may be filed. These include:

Medical negligence

In the field of medicine, there are standard methods of diagnosing or treating diseases. This level of care, when not properly followed, could lead to worse conditions or even death. Every person has unique physical needs, which means that for each age bracket, gender, body mass, and other categories, adherence to a particular protocol is extremely necessary. Wrong diagnosis or treatment are usually the results of a violation of these protocols. A plaintiff can file a medical malpractice lawsuit if he or she suffers injury arising from such situations or has received the quality of treatment that is way below the set standards.

Injury or damage

Image source: chron.com

While it is sometimes inevitable for medical practitioners to make mistakes, a lawsuit may not succeed if there is no clear manifestation of harm or injury on the plaintiff that is related to his or her doctor’s treatment procedures. Brain damage after an operation, the amputation of the wrong limb, a medical condition or disease got worse after treatment, or even death are examples of injuries or damage.

Atty. Ann S. Sheeley has many decades of experience dealing with cases related to personal injury, including medical malpractice. To know more about how she and her firm can help you, visit this website.

Workers Compensation in Rhode Island: Recovering for PTSD and Other Mental Injuries

Workers compensation laws protect employees who are injured, disabled, or become ill while on the job. These laws apply even if an injury does not occur at the workplace, as long as the activity that a worker was doing was part of his or her job duties or in some way benefited the employer.

Workers compensation does not just cover physical injuries and ailments. Rhode Island workers compensation covers the costs of treating psychiatric injuries that do not result from physical injuries, such as post-traumatic stress disorder (PTSD). This type of injury is often referred to as “mental-mental” injuries because they do not occur as a result of a physical injury but are caused purely by a psychological occurrence or stimulus while on the job. For example, a factory worker who witnesses a colleague catching and losing a hand in machinery, becomes traumatized, and subsequently develops a fear of using said machinery has grounds for a mental-mental or psychiatric claim.

Image source: doorwaysarizona.com

 However, there is a caveat: In order for a worker to recover, Rhode Island labor laws require the mental injury to be caused by emotional stress resulting from “a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury.” Simply put, all occupations come with a certain amount of stress. A salesperson who develops stress and anxiety from dealing with rude customers is not eligible for workers compensation because the job is expected to be stressful and the ailment arose from normal, day-to-day work responsibilities. However, a salesperson who witnesses a horrific accident in the course of duties and becomes traumatized might be able to recover workers compensation benefits.

In addition, a worker who develops a psychiatric injury as a result of a physical injury that occurred while on the job will have both covered under Rhode Island workers compensation laws.

Image source: mom.girlstalkinsmack.com

 While workers who develop PTSD or other psychiatric injury are covered under Rhode Island labor laws, psychiatric injury claims are often very difficult to prove. Unlike in physical injuries, there are no physical signs or visible symptoms. To improve their chances at recovering workers compensation benefits for a workplace psychiatric injury, workers should consider getting assistance from a local lawyer with experience in handling similar cases.

For more discussions on workers compensation laws in Rhode Island, follow this Sheeley Law Twitter account.

Processing Liability Claims Against Dog Attacks

If an individual suffers losses or requires medical attention directly because of a vicious dog attack, a personal injury claim can be processed. A lot of people remain unaware that they have rights in the event of a dog attack and that they can receive financial compensation depending on the severity of the attack and the extent of damage that resulted (e.g. the inability to go to work and losing income). Personal injury cases require extensive documentation; so it is highly important that future plaintiffs follow these two rules:

Image Source: policestateusa.com

Identify the owner of the dog: If the owner was present during the incident, his or her contact information should be immediately obtained. This includes the full name, address, and phone number. If the dog appears part of a specific property, the owner of that property should be identified through various means. It is also important to get the contact details of the owner to determine if a rabies shot is necessary.

Identify witnesses: Unfortunately, the circumstances surrounding dog attacks are the easiest to manipulate and lie about. This is why many personal injury lawyers are incredibly diligent in double- and back-checking information provided to them. Witnesses help the case and add weight to the claims process.

Image Source: static1.squarespace.com

The hospital or medical facility attending to the victim should document the wounds and injuries sustained. Photos and documents strengthen the case – particularly if the individual was not able to go to work because of the injury.

Sheeley Law offers excellent legal counsel for personal injury claims. Follow this Google+ page for more information on the firm.

Identifying causation: How to prove wrongful death

Grief may cause a person to blame others for the death of a loved one. However, imputing blame isn’t always based on emotions. There are other valid bases, such as the possibility of a wrongful death. Wrongful death is a case where a person dies due to a third party’s negligence or misconduct.

Image Source: MedicalNegligenceJournal.co.uk

Laws governing wrongful death cases vary in every state. A wrongful death claim may be filed by a representative in behalf of the deceased. Among those who could file a claim are immediate family members, life partners, and financial dependents.

A wrongful death claim has to be corroborated by key elements of the case. One element considered is the duty of the defendant. Was the defendant responsible for protecting the victim from harm? Or was there due care expected from the defendant, a duty which he or she neglected, causing the death of the victim? The injury must be foreseeable through its causal connection to the act of duty or lack thereof.

As most claims arise from negligence cases, breach of duty is another aspect that investigators look into. The claim must have solid proof that the defendant abandoned his or her duty or failed to perform it in an adequate manner. In cases of medical malpractice, for instance, the death may have been caused by erroneous diagnosis from the beginning, or careless and insufficient care provided throughout the treatment process or the surgery.

Image Source: CBSLocal.com

Satisfying the aforesaid conditions will enable the plaintiff to prove causation. The act (negligence) must be proven to be the promixate or real cause of the injury. Past records, medical history, and other evidence will be gathered in order to establish that the death would not have occurred if negligence or breach of duty is not present.

Ann S. Sheeley has over 25 years of experience in handling wrongful death lawsuits, and worker’s compensation claims. For more of her practices, visit this website.

Defense against DWI and DUI charges: Protecting one's rights and freedom

Image Source: fightduicharges.com

Being found guilty of driving under the influence will have significant changes on a person’s life. At the very least, one can expect their driver’s license to be suspended or revoked. One can also expect significant increases in their insurance premiums. At worst, one may even have to go to jail.

There are ways to avoid a DUI conviction. In rare situations, there are some affirmative defenses to DUI charges. This includes a case based on the necessity of the act, like when a person must drive to prevent dangers such as a threat of serious injury or death. People who are taking medications may also claim that they drove under an honest belief that they are not intoxicated, such as in cases where the impairing effect of a medication should have already worn off.

Image Source: community.iaclea.org

Commonly, however, defending against a drunk driving charge involves proving one of the two necessary elements to the charge. In DUI cases, the prosecution must prove that the person being charged drove a vehicle and, was indeed under the influence. When one of these two elements is disproven, the prosecution may be prevented from substantiating its case.

Most DUI and DWI cases start with drivers getting pulled over, so there are usually no arguments as to whether the persons being charged were indeed driving. However, there are still some cases where the arresting officer didn’t actually observe the person driving, such as in arrests made while the car was idle or parked.

Defense attorneys may also call into question the incident leading to the arrest. For instance, they may question as to whether there was a probable cause to make the initial traffic stop. They may also question the accuracy and handling of the field sobriety test.

Image Source: bettersworthlaw.com

For more links to articles about DUI and DWI cases and defense, subscribe to this Ann S. Sheeley Twitter account.

Expungement: Helping people move on with life

Image Source: huffingtonpost.ca

Criminal records are public records that carry a social stigma. These records are available to future and current employers,
landlords, neighbors, and practically everyone else. And whether convicted or not, people’s reputation are at the mercy of those scrutinizing these records. Sadly for some individuals, a criminal record can cause them their jobs, education, or other potential opportunities in life.

Fortunately, the court can grant expungement of criminal record. It includes the removal of all court records, police department records, probation department records, and the bureau of criminal identification, for whatever purpose it will serve people best.

Image Source: kedorsey65.webpin.com

As was the case of actor Mark Wahlberg who asked a Massachusetts court to expunge his criminal record so he could join the police force. Fox News reported that the actor was convicted of assaults and battery he committed in 1988, which left one man partially blind. He served three months in jail for the crime.

"I've been working very hard to correct a lot of mistakes that I made since the day that I woke up and realized, 'You know what? I need to be a leader instead of a follower,'" Wahlberg said in an ABC News interview.

Image Source: pdffiller.com

Expungement of criminal records may not be a guarantee of erasing a past mistake, but there are benefits to behold. A Stanford student case analysis found that deleting some criminal convictions from the public record allows previous offenders to find employment easier. The study also showed that expunging eligible records increases tax revenue and reduces public assistance payments.

Past mistakes cannot be undone. All there is to do is moving forward to a better life by making the right decisions.

Attorney Ann Shirley Sheeley promotes the awareness of expungement of public records. Follow this Twitter account for more information.

A primer on Rhode Island dog bite law

Image Source: digitaljournal.com

Those considering filing a dog bite claim in Rhode Island should be aware of a number of laws that can affect its outcome.

Strict liability

In Rhode Island, a dog's owner or keeper will be held strictly liable if the animal injures or kills another domestic animal or a human being while out of its enclosure or off the owner or keeper's property, regardless of whether the dog had previously displayed aggressive tendencies or not. However, if the attack occurred within the owner or keeper's property, the common law doctrine of the “one bite rule” will apply. In this case, the plaintiff must prove that the dog displayed an inclination to behave in a vicious manner prior to the attack.

Rhode Island's dog bite laws cover all types of injuries caused by a dog, not just bites. What's more, a dog owner will be liable for double damages if the same dog attacks again.

Comparative fault

If the plaintiff was found partly to blame by the courts, the amount of damages will be reduced by the degree of fault. For example, if damages amount to $20,000, and the plaintiff was found to be 50 percent at fault, he or she will be entitled to only $10,000, or half of the damages.

Image Source: forumcanino.com

Statute of limitations

In Rhode Island, plaintiffs who seek compensation for their or their animals' injuries generally have up to three years from the date of the attack to file a lawsuit. Failure to file within the time limit can lead the courts to dismiss the case.

In light of the strict deadline imposed by the statute of limitations, it is imperative to seek the advice of an attorney with experience in dog bite cases and knowledge of the state's laws governing them as soon as possible.

In Rhode Island, Atty. Ann Sheeley reviews each dog bite case personally and conducts an investigation to establish the dog owner's liability, a necessary step in ensuring a good legal outcome. She also works with medical professionals to ascertain the treatment that her client will need to recover from the attack and to determine the value of her client's other economic and non-economic losses. She guides her clients through each stage of the process, helping them obtain compensation that is due them.

Image Source: mdalegal.com

To learn more about Rhode Island dog bite laws, subscribe to this Ann Sheeley blog.