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May 2014 Archives

Medical Malpractice Basics

6310985_s-300x200 (1).jpgNot only is it sometimes hard to know if you have been the victim of medical malpractice, it is often difficult to understand the in's and out's of a medical malpractice lawsuit. Clients are often confused about the basics of a medical malpractice claim, and this article attempts to erase some of the confusion about these types of lawsuits.

Questions to Ask a Personal Injury Lawyer

4469868_s-300x194.jpg If you or a loved one was involved in a personal injury accident, you are probably hurt, angry, and confused. You are probably wondering whether you have a legal claim, how to obtain financial recovery, and what to do next. It is highly recommended that you consult with a personal injury lawyer to learn more about your legal rights and options. Before hiring a personal injury lawyer or choosing your next steps, you should ask the following questions:

What Are Trucking Hour-of-Service Laws?

10645091_s-300x199.jpgLack of sleep can be particularly detrimental to motor vehicle safety. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that approximately 100,000 police-reported accidents are the direct result of driver fatigue each year, resulting in an estimated 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. When fatigued driving involves commercial truckers, the results can be particularly disastrous. Accordingly, regulations are in place to ensure that truckers get adequate sleep to safely operate their vehicles. In fact, last summer, the Federal Motor Carrier Safety Administration (FMCSA) implemented new hours-of-service regulations in an effort to keep fatigued truckers off the road. The new federal hour-of services laws include the following:

When a Hospital Death Involves Medical Malpractice

8943758_s-200x300 (1).jpgAlthough patients enter a hospital in the hopes of medical recovery, sadly, in some situations, the patient dies in the hospital. Hospital deaths can happen for a number of reasons, but in some cases, a hospital death may be the result of medical malpractice. When this happens, the doctor and hospital treating the patient may be liable in a wrongful death medical malpractice lawsuit. Medical malpractice happens any time a doctor or health care provider fails to provide the appropriate standard of care and the patient is injured as a result. If a doctor or hospital is found liable for medical malpractice, the patient may be able to recover the following compensatory damages: medical bills, lost wages, disability, pain and suffering, and emotional distress. When the patient dies as a result of medical malpractice, however, a wrongful death claim may be filed by the victim's family. While the assessment of liability is the same in a medical malpractice lawsuit whether the patient dies or not, there are a few other differences. First, if the patient dies, the lawsuit is often filed by the victim's closest family member or estate executor. Second, in Illinois, a medical malpractice lawsuit without death must be filed within two years of the date of that the patient became aware of, or should have become aware of, the medical malpractice. If the patient dies, however, the wrongful death medical malpractice lawsuit must be filed within two years of the date of the patient's death. Third, the plaintiff in a wrongful death medical malpractice lawsuit can recover the following damages:

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