Robotic surgery can be an advantageous choice for both doctors and patients. Using this technology allows doctors to make more precise incisions since the robotic limbs do not shake like human hands are prone to do. This precise method of surgery can potentially shorten the healing time for patients. When everything goes as planned, doctors operating the da Vinci robot conduct surgery by manipulating the robotic system from behind a computer screen. This method is less labor intensive for doctors and allows them to preserve energy for more surgeries.
Despite these advantages, robotic surgery has been scrutinized after a recent influx of concerning reports. Researchers aren’t sure whether more negative incidents involving the da Vinci system are occurring, or whether hospitals and the manufacturer, Intuitive Surgical, are becoming more vigilant about reporting incidents. The da Vinci robotic surgical system has been hugely popular; some people credit this popularity to the impressive cutting edge technology. Other people credit da Vinci’s popularity worldwide to aggressive marketing initiatives. Intuitive Surgical markets to hospitals and patients through many different media forms. In addition to roadside billboards, the presence of online banners and hospital pamphlets normalize and promote the idea of robot-conducted surgery.
Unfortunately, some patients have died or been seriously injured during robotic surgery. In 2007, Juan Fernandez of Chicago died during a spleen removal surgery. His family won a $7.5 million lawsuit that argued the surgeon had never performed robotic surgery before operating on Fernandez. Across the country in California, a man was having a prostatectomy when the da Vinci robot perforated his colon. Though the patient survived, the mishap was medically disastrous and caused need for many more surgeries to repair the colon. Additionally, a woman who was having a hysterectomy, an extremely common robot-performed surgery, bled out when the da Vinci robot nicked a blood vessel.
People who have been charged with misdemeanors or criminal mischief are usually those who have already been charged with other petty crimes such as disorderly conduct, underage drinking, or public drunkenness. It may be difficult to firmly determine what criminal mischief and misdemeanor means since there are regional differences in various states, but generally these are any act that is made with intent to damage other people’s property. Punishment for these acts also differ from state to state, therefore it may be hard to conclude the severity of the acts.
Anyone who is proven guilty of criminal mischief that endangers that life of another person or persons is considered guilty of a criminal offense and is answerable to possible life imprisonment. Vandalism is the most common and usual form of criminal mischief, although they can also be present during domestic violence, violent outrages, and many others. On Civil Law cases, misdemeanor charges are often due to another person’s negligence causing physical injury (these charges are distinct from criminal mischief charges).
There are three categories for criminal mischief charges: damages adding up to less than $100 is considered a Class 3 misdemeanor, damages between $100 – $500 is a Class 2 misdemeanor, damages between $500 – $15000 is considered a Class 4 felony, and lastly damages amounting to $15000 or more is a Class 3 felony.
Criminal mischief charges can affect a person’s life, especially in the long run. It may difficult to understand the true weight of a criminal mischief charge, so finding the right legal defense is one way to ensure that these charges won’t haunt you for years to come.
Asbestos has long been known to be dangerous to humans when it is airborne, but efforts to ban it completely in the US have been unexpectedly difficult. Even when the Environmental Protection Agency (EPA) issued a ban in 1989, it was overturned in court in 1991. There are still some products and industries that use it even today, particularly in the automotive parts industry.
Asbestos, a naturally occurring material that is resistant to heat and corrosion appeared to be the ideal insulating, building and automotive material because it was cheap to produce. It was not long before health hazards became apparent, but the general public was unaware of how toxic it really was until way into the 1970s. By then, even people who had no occupational exposure to asbestosis were dead or dying from mesothelioma, asbestosis, lung cancer, and a host of other diseases.
This is because asbestos becomes dangerous when it becomes airborne. Building materials that used asbestos released the fibers into the air as the material degraded from age and use, Mesothelioma is a particularly deadly illness because it is a form of cancer that attacks the protective lining of internal organs called the mesothelium. A person with enough asbestos exposure can suffer from multiple organ failure due to mesothelioma, and that is no picnic. Mesothelioma is relatively rare, but it is most often associated with asbestos exposure.
Some occupations where asbestos is still legally used are covered by Occupational Safety and Health Administration (OSHA) safety regulations 29 CFR 1926.1101 (construction), 29 CFR 1915.1001 (shipyards) and 29 CFR 1910.1001 (general industry, including brake and clutch repair). Failure of employers to follow these regulations may render them liable in case of asbestos-related injury to their employees. Consult with a personal injury lawyer in your area if you or a family member contracts an illness or disease because of occupational exposure to asbestos.
The divorce rate in the US is quite high, which means that child custody and visitation issues are also prevalent. About one million children each year is affected by divorce, and half of those who are born in 2013 will be the focus of child custody hearings before they are 18.
Exacerbating the divorce rate is the fact that American society is highly mobile. It is not uncommon that after a divorce, one or both parents will relocate to another state to get a fresh start. This has consequences for child custody and visitation agreements not only because it makes it harder for the non-custodial parent but also because states are not always reciprocal in enforcing another state’s child custody and visitation agreements.
When parents are separated by distance, it makes it harder to determine the best interest of the child. An article from the website of the Law Office of Daniel Jensen, P.C. notes that location is not the only factor to consider when granting custody, although children of divorced parents typically benefit from being in familiar surroundings immediately following the separation.
This can be a major problem if the divorce was contentious, and child custody and visitation rights are being challenged despite the decision of the court. An article on the website of Texas-based BB Law Group PLLC emphasizes the need to know parental rights when it comes to child custody issues, especially if there is a question of parental kidnapping which may not be easy to prove outside the granting state.
In an effort to look after the best interest of the child, the Uniform Child-Custody Jurisdiction and Enforcement Act was proposed, which is designed to make it easier to enforce agreements even when outside the state where the divorce was granted. However, only 25 of the states have enacted it, including Texas so if the originating state is not in the loop, the Act cannot be used as a basis for forcing compliance.
Nothing can be more irritating than insurance claims disputes, especially when it involves commercial property. Not only is it inconvenient, it can involve business income losses that only increases the longer the insurance company delays in processing a claim.
While insurance companies are typically loath to disburse funds for property damage claims, this is magnified when the damage is due to hurricanes or other types of windstorm occurrences. This is because there are usually a lot of claims being processed at such times. In Oklahoma, for instance, many property owners are frequently plagued by tornadoes, and law firms such as Smith Kendall Buxton Law Group in Oklahoma City have extensive experience with insurance claims disputes because of the number of cases they handle whenever a twister visits the area.
Commercial property owners in particular have a greater stake in getting their claims processed as quickly as possible to restore normal operations and minimized economic losses. But even when premiums are paid up and the claims are legitimate, insurance companies find ways to delay, underpay or deny outright property damage claims on the flimsiest of reasons. According to an article on the website of Dallas-based Smith Kendall, PLLC, the best way to avoid having to make insurance claims disputes is to get legal assistance in preparing the claims from the first. This ensures that all required documents are available, bases are covered and the claims submitted in a timely manner. This minimizes the loopholes that insurance companies can take advantage of to reduce their exposure in an insurance claim.
It may seem unnecessary to get lawyers involved when the claim is plainly legitimate. However, commercial property owners who have tried to do it on their own and suffered costly delays have learned their lesson the hard way. Letting lawyers experienced in the field prepare claims or handle insurance claims disputes also helps guarantee that the terms of the policy are followed to the letter.
A personal injury claim is commonly considered to be a get-rich-quick scheme for some opportunists out to get a slice of the pie of some multinational company. It is undeniable that there have been some bogus claims being made, which are considered “frivolous” litigation and actively discouraged by the legal system, but they would be in the minority. Most personal injury cases are filed because there had been a genuine act of negligence which must be addressed. The fact is, winning a personal injury claim is not at all easy, and even if the claim is legitimate it can take a long time, and it can be expensive.
For those who have a legitimate case, the first step to getting compensation is the process of filing a personal injury claim. This is important to get right the first time to avoid the defendant making a motion for a summary judgment because of a technical error in the filing. According to the website of The Seegmiller Law Firm, litigation is not the object of the game but a fair settlement. If the filing is done correctly and the basis for the claim is considered sound, the majority of defendants would much rather settle out of court than to go through the trouble and expense of going to court.
Personal injury lawyers often offer their services on a contingent fee basis because most plaintiffs do not have the resources to pay for legal representation. As a consequence, only cases which have a fair chance of success are taken on. If you or a family member suffered through the negligent or tortious actions of a third party, find a lawyer in your state who will work on a contingent fee basis to assess the merits of the case. If the lawyer agrees to take on the case, you have a good chance of getting compensation even if it never gets to court. The lawyer will ensure that the claim is properly filed and will assist in negotiating a settlement if and when it is offered.
Abuse is often something that is visited on the most vulnerable sectors of the population: the young, the old, and the disabled. This is because they are generally unable to defend themselves, or are conditioned to believe it is what they deserve. In facilities such as nursing homes where a good portion of these vulnerable populations are placed, such abuse is unfortunately all too common.
It should be noted, though, that nursing home abuse is not always an active or malevolent act, which can make it that much harder to detect. As observed in an article on the website of Crowe & Mulvey, LLP, the most common form of nursing home abuse is neglect. As this is a clear violation of the stated objective of the facility, and the fact that the caregivers are trained medical professionals, this can also be considered a form of medical malpractice.
Neglect in the nursing home which is tantamount to medical malpractice takes many forms. These include but not limited to failing to:
- Keep the patient clean and fed on a regular basis
- Perform rehabilitative chores such as massage and stretching
- Regularly turn immobile patients to prevent bedsores
- Ensuring each patient receives the proper medication on time
Medical neglect has serious and long-term effects on a patient’s physical, emotional, and psychological health and well-being. As stated in the website of Ravid & Associates, P.C., these medical professionals are sworn to uphold a high standard of care, and transgressors need to be held accountable for their actions. Such neglect is often widespread, which means that most if not all of the patients placed in the nursing home may be suffering the same type of abuse.
If you suspect that a family member is being abused through chronic neglect, you need to contact a lawyer in the state with experience in medical malpractice. The lawyer will be able to determine if the case has merit and to put together whatever is needed to file a personal injury lawsuit.