March 2012 Archives

Medical Mistake? Here's what you need to know.

March 29, 2012

Every year, millions of medical procedures are performed in the United States; while the majority of these medical procedures go smoothly and without incident, mistakes can and do happen. When mistakes are the consequence of a physician or other medical professional's error and result in injury, illness, disability, or death, you and/or your loved ones may have a claim for medical malpractice and will want to consider the help of a Maryland medical malpractice attorney.

The loss or injury of a loved one takes a severe emotional toll that often results in lost wages, depression, and psychological distress. Parents, children, spouses, and partners are left reeling from the shock and pain. In addition, post-error treatment stemming from medical mistakes can be incredibly costly, draining financial resources and further destabilizing families.

It's important to understand that you may be entitled to monetary damages for past and future lost wages, emotional suffering, loss of companionship, loss of enjoyment, pain and suffering, and medical bills in excess of the original treatment. While those responsible for the error will often pay for medical expenses, these payments fail to address the emotional pain for which you have a right to seek compensation.

A Maryland personal injury attorney qualified in litigating medical malpractice claims can help you navigate these situations. By filing a timely claim on a "contingency basis" (your attorney only collects payment if he or she wins your case), you hold accountable those responsible for the fatal medical error, collect deserved compensation, and ensure that others in your situation are protected from paying the painful price of damaging or fatal medical mistakes.

Medical malpractice isn't something you expect--you tell yourself that it couldn't happen to you or your loved ones. You hope that when you or your spouse, child, or parent is under the care of medical professionals it will be the safest care possible because the professionals will follow all protocols for accuracy and well-being. Keep in mind that most procedures are safe and that numerous best-practices help to assure you of the same. In other words, you should have confidence in your health care providers. However, while we rightfully trust in our medical system to heal and make us well, practitioner negligence can alter our lives in an instant. If you believe that you have been the victim of a medical error that left you or your loved ones injured as a result, you may have legal recourse and a right to compensation.

This post was written by Price Benowitz LLP, a Washington, DC based personal injury firm. Chamille Kittles, DC personal injury attorney, is in charge of the personal practice at Price Benowitz LLP.

Slip and Fall Accident: The Legal Issues That Come With It

March 8, 2012

Slip and Fall Injuries are much more complex than what people would normally consider. Without seeking an experienced Phoenix slip and fall lawyer to help you with your situation, you might not have the proper protection you need to get the compensation you deserve.

Not only are these injuries sometimes permanent injuries, they can also be very costly. There are many factors that go into proving that there was some sort of negligence on the premises where the injury occurred.

Slip and Fall Legal Issues According to Arizona Laws

Frequently, a property owner in premises liability claims will argue that the injured victim should have seen the hazardous condition that caused the slip and fall. This claim can be weak, considering that retailers often distract customers from watching their steps. Business or property owners use eye-catching advertising and packaging to encourage customers to focus on the products rather than on the floor.

Another important slip and fall legal issue involves the "status" of the visitor or customer on the property. Owner liability will depend on what type of visitor the injured person was when injured: invitee, licensee, or trespasser.

Invitee. If a property owner invites a person to enter the property, he or she may be liable for failure to have "reasonable care" in keeping the premises safe. Examples include supermarket and retail store customers and, in Arizona, guests of an apartment tenant or motel guest.

Licensee. A licensee is not a customer, employee or trespasser; does not have a contract with the property owner; and is allowed by the owner on the property. A social guest at a home is considered a licensee. The property owner is liable for injury to a licensee for "willful or wanton" injury, for hidden dangers, and if the guest is not adequately warned about dangers.

Trespasser. A trespasser enters someone else's property without permission, like a burglar or other unwanted guest. A business or property owner is least liable for the injury of a trespasser compared with the other categories of visitors.

A trespasser is clearly defined, but figuring out whether the injured person was an invitee or licensee according to Arizona law can be difficult. The best thing for you to do if you are involved in a slip and fall injury in Arizona is to contact an experienced Slip and Fall Attorney to help protect your rights.