Thursday, May 29, 2008

The Changes in Medical Malpractice Claims

One fine day, I happen to read an article entitled, Doctors Say ‘I’m Sorry’ Before ‘See You in Court. The article relates all about medical malpractice claims which are constantly litigated causes of actions in our courts in this genre.

The story related by the article happens in Chicago where a highly regarded cancer surgeon, Dr. Tapas K. Das Gupta made a mistake in operating a patient by removing the wrong sliver of tissue, a segment of the eighth rib instead of the ninth.

Dr. Tapas K. Das Gupta had quickly acknowledged his mistakes and corrected the same. Until the passage of years when Dr. Das Gupta now becomes 76 years old, he has continually avow his mistakes and offer his sorry to the patient that was harmed by the occasional errors he committed.

On the same note, the article espouses on improving patient safety and patient communication to cure the malpractice crisis rather than defensiveness and denial, which at all brought tremendous amount of hardship to the victims of medical malpractice and agonizing lawsuits.

To note, the article laid the propositions of some advocates regarding disclosure policies as a method or scheme that may reduce legal claims.

Instead of lawsuits, the bringing out of greater measure of equity by offering reasonable compensation to every injured patient is the key towards this objective. “Defy and defend”, as the most malpractice lawyer counseled, has now to be abandoned and changed to a scenario of disclosure of medical errors and offering of earnest apologies and fair compensation.

The proponent seeks to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.

To my mind, the disclosure project is one of the best avenues that are economical and practicable both for the victims as well as to the erring doctors and medical institutions.

By disclosing the medical mistakes and errors straight to the victims, contending lawsuits, which are costly and timely, can be avoided without of course, compromising the valuable compensation that the victims are legally entitled.

With this considerable shift of views, in order to have ample protection in your rights, you have to seek lawyer help at the first instance so that you can be guided at arriving with a fair compensation less undue influence and consent vitiation.

Before waging a claim settlement under this style, you have to confer with a medical malpractice attorney to help you.

Wednesday, May 28, 2008

How to Handle Overpayment Claims?

When it comes to disability benefits, there are instances when you will receive an overpayment claim from the Social Security Administration (SSA). When you do, it is recommended that you deal with it because ignoring it might lead to problems with claiming your benefits.

An overpayment takes place due to discrepancies in the computation of your benefits. You might already be receiving income from your disability but then you seek employment to augment your income. The good news is that there is a way that you can correct the overpayment.

* First, if you think that the overpayment was not your fault, then there is a remedy for that. You can contest the claim and ask for reconsideration. This form is called the “Waiver of Overpayment” and it is available at the SSA. In the form, you will be asked to explain why you think it is not your responsibility to settle the overpayment.

* If your request for reconsideration has been denied, the legal remedy for that is to file an appeal. During this stage, you will need to be represented by an SSA disability lawyer. In the appeal process, your claim will be handled by an Administrative Law Judge.

If nothing works out in your favor, then you have no choice but to settle the overpaid claim. You can work out a favorable payment scheme with the SSA. Usually, the money involves small amounts.

In all of these, getting the services of an SSA lawyer to handle your case is the best thing to do. They know what to do in situations like yours.

Tuesday, May 6, 2008

Protecting Yourself From Defective Construction

Construction sites always carry threats on the life of its workers. Injuries sustained in industrial accidents can be devastating. It can result to personal injuries as well as death. Construction site injuries are governed by personal injury and product liability laws.

In a report released by the U.S. Department of Labor and Statistics, 15 to 20% of workers’ compensation claims resulted from injuries in the workplace with 1,400 on-the-job deaths recorded annually. The sad fact is that these accidents are foreseeable and can be prevented if site owners have exerted efforts in making sure that their environment is free from any defects. This is a case of negligence on the part of the site owners and they can be held liable for damages.

Various measures can be initiated in order to prevent similar accidents from happening. First, warning signs should be conspicuously placed within the construction site. By doing so, workers can pinpoint which section of the site they can prevent.

Second, equipments and machines should always be inspected to make sure that they are working properly. Any defective product that causes injuries or accidents to the workers may make them liable for construction liability.

Third, the construction site owners should not hesitate in training their people to use the safety equipments and always remind them to use protective gear.

Finally, if you sustain a slip and fall injury while doing your work, getting the help of a lawyer is your best defense. They can ensure that you are compensated for any broken limb or injuries that you may sustain from your job.