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The 5 Types of Medical Claims Available for You If You Are a Victim of Medical Negligence

Posted by Stephen Date: July 20, 2018

Noticed just how fast the medical industry is growing in the country? Well, it just so happens that all this is as a result of the rapid increase in medical demand. And this, in turn, also increases the overall risk of accidents and mistreatments significantly across all healthcare services. And from this fact, you will naturally find the current number of medical malpractice claims to also be on the rise.

There are, however, some common medical negligence claims that fall before courtrooms regularly. In this article, we should put more focus on the top five common medical negligence claims.

1. Medical misdiagnosis

When it comes to medical negligence claims, you find that medical misdiagnosis ranks high up in the table. It is the most common type of medical negligence claim in the country. It is from misdiagnosis of a patient’s medical condition or illness that mistreatment follows. Other hazardous steps may also follow suit which makes this a serious negligence case. Failure to correctly diagnose a patient’s medical condition could easily and most certainly lead to the provision of unnecessary medication and treatments.

Failure to produce a diagnosis entirely can also be categorized under medical misdiagnosis. In such a case, you are also viable to file a claim.

2. Medication errors

Also referred to as a prescription error. This type of medical negligence occurs as a result of the prescription being provided or dispensed. This medical malpractice is also quite common. You find situations where a doctor prescribes the wrong medicine to a patient or even prescribes the wrong dosage. In other instances, you may even fall victim to unnecessary medication being prescribed. This medical malpractice can cause some serious health issues and medical conditions of the patients who fall victim to such circumstances.

3. Surgical negligence

This type of medical negligence has also become quite common in surgical rooms. As mentioned earlier, you find that the need to provide quick and effective treatments is continuing to mount on most healthcare institutions and staff. And that is where you find that even the most sensitive surgeries end up having some element of negligence.

There are surgical negligence events that are labeled “Never Events,” meaning that they should never really occur in any regular or standard surgery. But you find that the number of these surgery negligence cases just keep rising. Examples include cases where a surgeon performs the wrong operation, leaves surgical equipment in the patient’s body, operates on the wrong part of the body, etc.

4. Pregnancy and birth injuries

The list of birth injuries are also on the rise. This stage of life falls among the most crucial ones especially to the mother and the child about to be born, and even after birth. Minor birth injuries can sometimes turn into a serious medical issue and sometimes even a permanent one. Makes you wonder how medical personnel would start handling a pregnant woman in labor or a new-born child negligently.

5. Anesthesia errors

When undergoing any major medical operation, specialists always administer anesthesia drugs to put the patient under. Before this can happen, an anesthesiologist needs to examine the patient’s medical records to determine whether there are any allergy issues, prior medications, medical records and history to note. If, however, wrong data is collected at this time, then negligent anesthesia preparations may be made which may end up affecting the patient from the pre-operation medical review or even during the medical procedure itself.

5 ways car accident lawyers can help you win your case

Posted by Stephen Date: May 11, 2018

 

The period after an accident is the hardest for most people because of the complexities that come with insurance claims. Services of car accident lawyers can help you follow up on your claim. Probably you have never heard of their service, or you are wondering what they can do for your case. Below are several ways in which these car accident lawyers can assist you to win the case.

They will communicate with insurance companies in their everyday language

If you’ve ever interacted with insurance companies, then you know what I am talking about, there is a lot of jargon and internal language only known to them and people who frequent their services. If it is your first time dealing with them, you may find it difficult to agree. Luckily, this is where car accident lawyers will come in and help you simplify the whole process.

Use of extensive network of partners and experts

If you thought that winning an insurance claim is a walk in the park, then you need to think again. Most insurance companies hate liabilities and will go any length to deny responsibility thus the need for experienced car accident lawyers who understand how the whole system works. They will use their knowledge and networks to make sure that you will get a favorable outcome.

Give you the right guidance

Let’s face it; insurance companies will always look out for their interests first. Therefore, you may need to have a car accident lawyer who has your back. Issues such as getting medical attention will be handled well if you get the right advice from your lawyer as opposed to following directions from your insurer. A good car accident lawyer will work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim.

Navigating the Complex Legal System

The legal system is not simple to maneuver especially for people who have no clue on how it works; this is where you need the services of seasoned car accident lawyer who knows where to start. Even the slightest details such as where to file the case are essential to the outcome. Such experts will also help you in the process of acquiring the necessary evidence and picking the right witnesses for a sure win for you.

Representing you in claim negotiations

Negotiating is not only a skill but an art which you may not have as a claimant hence the need to use the services of experts. Car insurance lawyers are experts in negotiations thus will give you the best shot at winning the case.  Chances are if you try negotiating for yourself you may end up the loser because most insurance companies will use the slightest weakness they find in your argument to deny responsibility. Using car insurance lawyers, therefore, is a good idea due to their experience in handling such cases.

The next time, you are in such a situation look for car accident lawyers, and they will sort you out.

 

6 Common Commercial Litigation Cases

Posted by Stephen Date: April 28, 2018

Commercial litigation cases can take lots of twists and turns and if you’re not careful, you may end up losing a case. Commercial litigation cases usually involve disputes that arise in several different situations and places and are encountered on a day-to-day basis based on various uncouth business activities. A commercial litigation law firm ought to be well versed with all of the laws concerning litigation cases and how to assess each case and decide on whether they touch on general issues or not.

Most times, commercial litigation cases involve disputes between two corporations or even an individual and a company and you will notice that most of these cases usually involve money, business-related arguments, misunderstandings or contract issues.

This article has tried to lay down six of the most common commercial litigation cases.

  1. Breach of contract

A breach of contract may as well be the most common litigation case in the industry today. Contracts are binding agreements which usually dictate the terms of agreements which need to be followed by both parties and in the event that one of the parties fails to abide by the contract, then it is considered a breach of contract and the offended party has the right to seek legal action.

  1. Deceptive trade

In most cases, you will hear people refer to this as fraud and involves instances where an individual or a corporation deceives another business or individual to purchase its products or services. Commercial fraud falls into two main categories; the false advertising category and the odometer tampering category. And both are subject to lawful action.

  1. Real estate litigation

This involves income-producing real projects and properties and can include, but not limited to office buildings, retail businesses, condominiums, apartment buildings, hotels, etc. These cases usually arise from the financing and acquisition of property, but also the development and construction of property as well.

  1. Non-compete disputes

This involves cases where an employee shares information about the company they used to work for before they were fired, retired, or resigned when the two parties signed a non-disclosure, non-competition, and non-solicitation agreements. This can also fall under the breach of contract cases. And legal action can be called for whenever these types of agreements are dishonored by any one of the involved parties.


  1. Partnership disputes

Starting a new business is no easy task, but sometimes the stresses that come with raising a new company from the ground can be eased by partnering and sharing the load. But then what happens when the partners can’t agree on an issue where one partner has a versatile idea that you think can harm the business. So, one partner is pushing for an idea and the other is against it thus a dispute and arguments end up being broken which leaves no other choice but to file for a commercial litigation case to try and solve the issue.

  1. Employment dispute

Most times, these cases arise as a result of disagreements between an employee and the employer or company. A lot of reasons can cause this kind of dispute ranging from the pay to the working hours to benefits, to overtime, etc. The only route here will be the commercial litigation courts to handle such issues.

So You Want To Move To Canada: 10 Things You Need To Know

Posted by Stephen Date: April 9, 2018

So you’re thinking of moving to Canada? That’s great! Congratulations on this exciting new phase of your life, and we look forward to welcoming you. But as you’ve probably realised, there’s a lot to think about. Do you need an immigration lawyer? Toronto or Montreal? Will you be able to drive here? Are there moose just wandering about the streets? Relax – we’ve put together this guide of things to help you start planning your big move.

#1 It’s not simple: but it’s easier if you have a job offer or a desirable skill

Just about the first thing you need to do is speak to an immigration lawyer. Legally moving to another country is rarely hassle-free, even a country as welcoming to new immigrants as Canada. The easiest way to get through the door is to get yourself a job offer – especially if it’s in a profession covered by NAFTA, in which case your work permit will be sorted out right at the border.

#2 Language

As you probably know, Canada has not one but two official languages: both English and French. So do you need perfect French to move here? Not really: different languages are spoken in the different provinces, and it’s only in some rural parts of Quebec that you might struggle to find an English speaker.

#3 Weather

You know what we’re going to say next: snow! It’s hard to convey just how cold a Canadian winter can be until you live through it. But to compensate, the summers are generally hot – and we make the most of them.

#4 Diversity

In Canada immigration is largely seen as a positive, because it has played an enormous part in Canadian history. What makes us such a successful country is our multiculturalism and the diversity of languages, backgrounds and cultures our many communities bring. Come prepared to accept everyone for who they are, and you’ll be met with a warm welcome.

#5 Cultural differences

Even if you only visit as a tourist, some things about modern Canada might come as a surprise when you’re out and about.

One is tipping: although servers in Canada do earn a minimum wage, they rely on tips to top it up. The standard is 15% of the total bill.

Another is smoking: the only places it is legal to smoke indoors in Canada are your own home or your own vehicle, unless a child is in the car with you.

#6 Cost of living

If you’re job hunting before you move, you may notice that salaries are higher in some parts of the country than in others. This generally reflects the higher cost of living in some cities: Montreal is cheaper to live in, thanks to rent control, but generally has lower salaries as a result.

#7 Healthcare

A healthcare system mostly free at the point of use is one of the most well-known things about Canada. You don’t necessarily need Canadian citizenship in order to access this: new permanent residents can get coverage, but may have to wait a few months for this to kick in.

#8 Driving

First things first: in Canada, we drive on the right!

That part is simple – after that it gets more complicated. Driving licenses are issued by the provinces rather than the federal government, and each province has its own arrangements with other countries. Check the requirements for your chosen province before you arrive.

#9 Taxes

Canada has a decentralised federal tax system, meaning you will be taxed at both federal and provincial level, with different tax rates in different provinces.

#10 Your rights

Canada has a Charter of Rights and Freedoms outlining the rights and responsibilities of citizens and anyone else who lives here.

Moving to Canada is an exciting new chapter in your life! Make sure you get the advice you need to make sure it all goes smoothly.

6 Tips On How To Find The Best medical malpractice lawyers

Posted by Stephen Date: March 16, 2018

6 Tips On How To Find The Best medical malpractice lawyers

Whether you are looking for justice after falling victim to medical negligence of any kind or having received substandard care, finding a worthy lawyer with a proven track record is crucial. On the other hand, the complexity of the medical profession necessitates having a great medical malpractice lawyer by your side. Sometimes proving a medical malpractice can be a difficult proposition. Below is a list of the important tips that can help you find the best  medical malpractice lawyers Toronto:

  1. Seek online websites

The presence of online websites simplifies the process of contacting potential lawyers. Online websites such as lawyers.com run by Martindale Hubbell provide lawyer ratings which necessitate easier access to good attorneys. Other sites include findlaw.com and nolo.com which do not provide ratings but provide clients with names of medical malpractice lawyers living near them.

2. Make Use of search engines

The search engine is usually for clients outside the USA and Canada who cannot have access attorneys using the above-mentioned websites. The client searches for the attorney by typing the name of country and city and the term medical malpractice lawyer in quotes. The clients then find the attorney qualified according to his expectations.

3. Contacting local bar association

Such an association will refer individuals to potential lawyers that can handle their malpractice suits by calling them via the phone. Such contacts can be obtained online or in phone books. The local free lawyer referral service can also be contacted.

State bar association can also be contacted to which they refer the individual to the local bar association and may also provide a list of medical malpractice lawyers.

4. Make an appointment

Call the office of the attorney after which you explain your case concisely and seek to interview the lawyer. In some instances, it is possible to conduct interviews over the phone. Through this, you can establish a rapport and explain yourself fully and establish that the attorney is actually competent enough to handle your case.

5. Ask the right questions to obtain the right results

It is important that the questions asked to the attorney are relevant and enable you to achieve your goal. Ask them about their experience in law generally and medical malpractice in particular. Also, seek lawyers whom many cases are referred to as opposed to those who refer to other lawyers. You can also ask questions relating to their understanding of their work, how they build a case, decisions they will make the case and how they will keep you informed.

6. Seek from renowned law firms

In the legal profession reputation and prestige is always a key to success and it can mean the difference in attracting the best clients. Renowned law firms have the best talent and in such you can always narrow down to the medical profession to seek the best lawyer of your choice in the firm.

It is therefore clear that selection of an appropriate lawyer is not an event but a process that includes putting into consideration important parameters. The most important result is obtaining a lawyer qualified to handle your case efficiently.

7 Worst Mistakes to Make with Your ICBC Claim

Posted by Stephen Date: March 9, 2018

icbc claim

Did you know that in 2016 alone there were 330,000 crashes reported to ICBC? However, not all of the cases were compensated as much as they supposed to receive. In fact, ICBC can still decide to keep the claims costs low.

To make it worse, there are fatal mistakes that can make you go through the ICBC claim process for nothing. Here is a recent case in which the claimant got zero because there was no medical evidence of injury. Of course, it’s your lawyer’s job to get you the best compensation as possible for your injuries, but you can help them out a lot by avoiding making these top 7 terrible mistakes.

1. Settle your case without an ICBC lawyer

If you are not a lawyer, don’t try to do the lawyer’s work just to save some money. ICBC is a business and paying you the full legal value is obviously against its interests. ICBC adjusters are trained to settle your case for much less than it is actually worth and as soon as possible, way before the injuries have the chance to stabilize.

In fact, they know how to persuade claimants not to hire a lawyer, because a lawyer can properly quantify the claim and then get you the best compensation. Unless you know the full extent of your injuries and losses, and what value the law places on them, or are a lawyer yourself, don’t risk settling your case on your own.

2. Have your injuries examined wrongly

After the accident, seek medical help immediately, even the injuries seem not very severe. It’s best to consult your own general physician because he or she knows your history and therefore can treat you effectively as well as follow your progress. Walk-in clinic doctors should only be thought of when you have an acute problem and you can’t manage to see your regular doctor right away.

In some cases, many believe that it’s better to depend on a chiropractor, acupuncturist or massage therapist rather than a regular medical doctor. However, at the end of the day, in order for your ICBC claim to be credible to the ICBC and the courts, you still need to engage with a regular medical doctor.

3. Forget to get the driver and owner’s names and contact information

You do have a legal duty to identify the person who caused your accident and also the owner of the vehicle properly. If you do not, you may be barred from making an ICBC claim.

Apart from that, you should also obtain the names, addresses and contact information of any witness. This comes in extremely helpful in case you are involved in a hit and run. Forgot doing so? You can put up signs near the accident location and put an ad in the newspaper asking witnesses to contact you.

4. Give signed statements to ICBC

It’s your obligation to give ICBC a report, not a signed statement. The purpose of the report is to apply for the no-fault benefits, which means questions of how the accident occurred are irrelevant. Even if the adjuster encourages you to sign the statement, don’t. They can turn it over to the defendant to defend and minimize your claim.

5. Not telling your doctor all your problems

Tell your doctors all of your symptoms, even the smallest ones such as concussions. Yes, the records and notes play an important role in your case so they need to be accurate and detailed, but this is also for your health. Something seems small at the beginning might cause you problems in the future. Plus the doctor needs to know everything in order to diagnose your injuries and treat you properly.

6. Not preserving evidence

Apart from getting possible witnesses’ contact information, you can take pictures of your injuries, the accident location, or the damage to the vehicles… Also don’t get rid of any receipts related to your injuries, even those for parking at your doctor’s office. What’s not there won’t be compensated.

7. Not getting all the treatments you need

Don’t stop getting the treatment until you get better. This is a fatal mistake to any ICBC claim because you must take all reasonable steps to overcome your injuries at law. When you struggle due to lack of budget or time, consult your ICBC lawyer about this immediately.

No Secrets, 7 Things that you must tell your Personal Injury Lawyer

Posted by Stephen Date: March 9, 2018

It is always crucial for you to be upfront and open with your personal injury lawyer Halifax about everything relating to the personal injury case. Doing this can prove to be the difference between you winning or losing your claim. Here are some essential information you should tell your personal injury lawyer.

  1. When and how the injury occurred

You need to inform your lawyer of how and when the injury occurred. Your lawyer also needs to be aware of the place of the incident; whether it was in a public building, at your workplace, or while on the road in your car. All details that occur during the incident may be vital toward how it can impact the outcome of your settlement.

  1. Previous injuries

You need to be aware that the personal injury lawyer opposing your case will be out digging into your previous medical background trying to build a case against your claim. For this reason, you need to be upfront and open with your attorney on matters relating to your past or even current medical injuries. Your medical report needs to contain all and any information relating to your physical, emotional, and even mental health.

You need to ensure you document and file any injuries that you have had previously and even have currently even if they are not related to the personal injuries in the case. This will help build your case especially when the defense attorney tries to use your previous injuries to defend against your current case. Your attorney needs to be aware of any forms of substance abuse problems you may have as well.

  1. Lost wages and medical bills

Your attorney needs to be aware of all the financial details that are related to your injuries for you to stand a chance of building a strong case. These should include any records of all your medical bills and even any lost wages that you may have incurred from your injury. Ensure that you can keep track of all the days you have missed work as well as incurred medical expenses.

  1. Bankruptcy

Another vital information you cannot, under any circumstance, hold from your attorney is if you have ever filed for bankruptcy. You need to ensure your attorney is in the in the loop of all your financial status. Your attorney can even help make your non-economic damages may even end up becoming an asset of your estate. .

  1. Past criminal history

You may have some previous criminal records that your personal injury attorney doesn’t know about. The thing is, it is probably best that your attorney is aware of all your past criminal records. You should expect the defense lawyers to run a background check on your criminal records and try to find if you have ever been charged with any issue that can reflect untrustworthiness like a fraud charge. Records like these will most probably diminish your chances of posing as a witness to your case. This way, they may prepare you for any questions the defense lawyers may throw your way.

  1. Recently filed for divorce

In cases where you have been divorced before, your former spouse may have some claim to the settlement that you receive. The claim can be more binding especially if the former spouse has offered you some help up to during the time you were injured. Your lawyer also needs to be aware of any divorce proceedings that you may be involved in during the moment you are filing the personal injury case; that is if you were filing for a divorce at the time. Your lawyer can also calculate the claim in your favor for emotional distress as well.

  1. Has anyone involved in the case contacted you?

Your lawyer needs to know if you have made any contact with the person who injured you or even their insurance company.