Posted by Chico on Jul 27, 2014 in Dangerous Medicine | 0 comments
In the recent years, the US healthcare system has been in the spotlight due mainly to reforms aimed generally on the accessibility, cost, and quality of health care products and services. Because of the many updates and changes in the healthcare system, many consumers and patients have become more careful and inquiring about the products and services that they are getting. This inquisitive nature has lead to the rise of medical malpractice lawsuits from patients and consumers of medical products and services that have caused them injuries or other damages.
Among the recent lawsuits emerging are Low T lawsuits. The FDA issued an alert on January 31, 2014 due to the increased risks of heart attack, stroke, and death to those using testosterone supplements. There have been increased promotions on the use of topical testosterone in recent years as treatment for men suffering from “Low-T”, a condition also known as hypogonadism. Research has shown that using testosterone supplements is related to increased risks of stroke, heart attack, and even death, with patients having 30 percent chances of suffering from the aforementioned ailments than those who doesn’t take testosterone hormones.
Aside from Low T lawsuits, there have been a lot of people who are hiring Risperdal lawyers. This is after Risperdal caused severe side effects in men who used the anti-psychotic drug, causing gynecomastia, a condition in which a man’s breast tissue becomes enlarged. This condition, and many others, have led those who’ve used Risperdal to file lawsuits for damages that the drug caused, and victims are seeking compensation from the manufacturer of the drug, Johnson & Johnson.
Dangerous or defective drugs are not the only reason for the increase in medical malpractice lawsuits. Patients who have been operated on using the DaVinci surgical robot reported the defective design of the robot. According to DaVinci robot lawyers, many patients suffered from complications due to the tears and burns on the intestines and surrounding tissues, excessive bleeding, punctures to the blood vessels or ureters, and many other problems.
Consumers should be more aware of the risks and dangers that the medications, treatments, or products may cause them. It helps to talk with a medical professional first before taking the plunge, since, as they say, “health is wealth.” When consumers or patients suffer after a medical malpractice, the consequences can be dire. Filing an injury claim can be the only way to ensure that the damages are compensated and the medical professional or product fined.
Posted by Chico on Jul 25, 2014 in Insurance Issues | 0 comments
After being involved in an accident, you may get home to a ringing phone with the other person asking about the details of the incident. The caller may be either an insurance adjuster or other representative of the other people involved in the accident. Knowing how to talk to and deal with these people is important in order to protect your personal injury or insurance claim.
The first thing to do when talking with an insurance adjuster is to stay calm and talk politely to them. According to this Riverside personal injury lawyer website, venting your anger and frustrations on the insurance adjuster can only compromise your insurance or injury claim, since their goodwill play a part in handling the claim or challenging or accepting the evidence in your claims. When talking with the insurance adjuster, you should get their information. This includes their name, address, the insurance company they work for, the telephone numbers, as well as the person or business that the caller represents.
While you are asking for more information about them, be wary about giving out information about you. Aside from your name, address, and phone number, only provide limited information such as the nature of your work and place of employment. Likewise, avoid providing details about the accident, aside from the important elements such as where the accident occurred, time and date, what type of accident it was, the vehicles involved and the witnesses. Any further information being asked should be answered by saying that the investigation is still ongoing and that discussions will be done when the time is fitting for discussions.
Additionally, don’t give out detailed information regarding injuries. Injuries can worsen or some may even remain undiscovered, therefore it is better not to discuss the matter. Talking with an insurance adjuster may make you feel tempted to settle, but according to a Massachusetts personal injury lawyer website, it is wiser to wait before settling a claim. You should talk with a lawyer about the accident first because a lawyer can help in determining how much your personal injury or insurance claim could be worth.
Lastly, make sure that the conversations are limited, and if the insurance adjuster suggests having a recorded statement, politely refuse. You are in no way legally obligated to provide a recorded statement, and it is illegal for an insurance adjuster to record your conversation. You can provide a written statement in the future if necessary.
Posted by Chico on Jul 22, 2014 in Car Accidents | 0 comments
Part of winning a personal injury claim is providing the burden of proof. If you are the plaintiff who was injured in an accident, you are the on tasked with proving the burden of proof in court against the defendant(s) in the case. Basically, burden of proof refers to the responsibility of the plaintiff to prove the allegations that they present in court are true using evidence. In civil cases such as truck accidents or other personal injury claims, plaintiffs should provide that their claims have a “prevalence of evidence” and are generally true, proving that the defendant is in fact liable for the accident.
There are four elements that need to be considered in meeting the burden of proof in a personal injury claim. According to Appleton personal injury lawyers, the duty of care and the breach of this duty of care are first ones to be proved in court for a personal injury claim. The plaintiff should be able to establish the defendant’s duty to act with care and caution in regards to the plaintiff’s wellbeing, and that this duty of care was breach, either through negligence, recklessness, or anything that would demonstrate the fault and liability of the other party.
According to an Oklahoma truck accident lawyers website, another element in the burden of proof is the causation – the plaintiff should establish that the injuries and damages sustained were a result of the defendant’s actions. There are times where the causation is apparent, but there are times where it is hard to establish.
Lastly, you as the plaintiff should prove the extent, as well as the details, of the damages and injuries that you have suffered. Evidence, testimonies, and medical records are among the important factors that could make a personal injury claim. Tangible damages, such as lost wages and physical injuries, can be easy to prove and supported by evidence, but intangible injuries such as pain and suffering may require more evidence and representation. It helps to hire a personal injury lawyer to assist and gather evidence and records to present in court and ensure a winning case.