Clinical Negligence

What is clinical negligence?

Clinical negligence, formerly known as medical negligence, is the claim that a patient has suffered unusually, or unnecessarily, due to the actions or advice (or lack thereof) of medical professionals.

In order to take a Health Care Professional (HCP – a doctor or nurse) to Civil Court, the claimant must prove both liability and causation. Liability means that the claimant must show that the HCP must have been found to have acted in a manner that no other similar professional would have done. Causation means that the claimant must show that harm has resulted which would not have otherwise occurred.

How can I prove liability?

There are two tests of liability as defined by English tort law. The first is the Bolam test, which finds that a person is not negligent who is acting in accordance with a practice accepted as proper and responsible by a body of professionals, i.e. their peers. They do not necessarily have to be the most astute doctor, or a professor of General Surgery, but an ordinary and competent doctor.

Free Legal Advice Centre_Clinical Negligence

The second is the Bolitho test, which finds that a defence cannot be based upon a practice that is not reasonable or logical – even if it is the current practice of ‘a body of responsible doctors’.

How long do I have to claim?

The limitation time on a clinical negligence claim is three years from the time of knowledge of harm suffered. There can be exceptions to this:

  • if the claimant was under 18 at the time of the incident, in which case there is no time limit
  • if the claimant was mentally ill at the time, in which case the limit is three years from the time of their recovery
  • at the discretion of the Court.

What counts as clinical negligence?

Generally speaking, there are nine kinds of negligence that can be claimed for in the UK:

  • Birth injury – damage, disability, or injury caused to the mother and/or child during the birth process.
  • Hospital negligence – for example, if the incorrect kidney was removed, or if a surgical instrument was left behind in the body cavity.
  • Dental negligence – for example, if the dentist incorrectly reads an X-ray, resulting in removal of a healthy tooth.
  • Negligent medical advice – for example, failing to fully inform the patient of the risks and/or side effects of a surgery, leading to injury or distress.
  • Negligent nursing – in much the same way as doctors, nurses (who are responsible for your treatment or health) can also make mistakes and be held liable.
  • Negligent diagnosis – a mistake or failure to diagnose an injury or illness.
  • Sterilisation failure/failed abortion – a woman can, in theory, claim compensation for the pregnancy and birth of a child whom she did not intend to, and took actions not to, conceive.
  • Battery – when a claimant is subject to a surgery or procedure without their consent. One example of this could be a woman who is forced to undergo internal examinations during labour, without being given the chance to consent.

If you or a member of your family has been the victim of clinical negligence, contact the Free Legal Advice Centre.

Why it is important to write a will

Even with the extensive range of labour saving devices we now have at our disposal, we still don’t find time to do all those things that are at the top of our “things to do list”. How many times have you put off changing a washer in that leaking tap, or taking the car to the garage to get an oil leak fixed? How many times have you put off writing your will?
It’s important to have a will in place when you die to ensure that your assets, known as your estate, are distributed exactly how you would wish. Your estate could include property, a business you own, savings and investments, shares, insurance policies, jewellery, or any other household items and possessions.

It is both sensible and important for parents of dependant children to ensure that, in the event of their death, the legal guardianship of their children is transferred in accordance with their wishes. Even if you have made informal arrangements regarding the care of your children in the event of both of you dying, in a road accident for instance, unless you name the guardian in your will, it may be open to doubt.

Sometimes there is much uncertainty as to what arrangements someone would want at their funeral, so it’s far easier to include a few sentences in your will outlining your wishes. You could state whether you would prefer to be buried or cremated, or if you would prefer donations to be made to your favourite charity in lieu of flowers. It makes life easier for those left to make your funeral arrangements if they have some idea of what you would and would not want.

Your will should include the names of one or more executors who you would like to carry out the administration of your estate and ensure that your wishes are implemented. The executor takes responsibility for dealing with your entire estate after your death. Sometimes the executor’s job can be complicated and time consuming, so it is essential that your chosen executor(s) are able to do the job. It may be a good idea to talk with them beforehand to make sure they are aware of what is involved, and to confirm they are willing to act on your behalf.

A will is an important legal document. If it’s either poorly written or incorrectly worded, it could cause even more problems than not having a will in place when you die, so it’s advisable to seek professional advice to ensure there will be no disputes or unnecessary delays in carrying out your wishes.

You should review your will at least every five years or when there are any major changes in your circumstances. After your will has been signed and witnessed, you are unable to make alterations to it. However, small changes may be made by adding a note to your will. This is called a codicil, and it must be signed and witnessed in the same way as a will and kept with the original will. For major changes, or numerous small changes, it is advisable to write a new will.

Although writing a will is fairly easy to do, some people find it very daunting and they put off writing their will because they find the whole process overwhelming. A number of Internet sites offer comprehensive advice and guidance on will writing. The interesting and informative website of Mayo Wynne Baxter includes “A guide to wills – questions and answers” by Rebecca Haywood. Alternatively, the Money Advice Service offers comprehensive information.

According to research carried out by The Law Society, “the majority of Britons have not written a will”.

Worryingly, a large number of adults mistakenly believe that, if they die without leaving a will, their assets and possessions would automatically go to their partner or family. However, this is not the case. If you die without leaving a will, you are described as having died intestate, and your estate will be distributed under the intestacy rules, in accordance with the Administration of Estates Act 1925.

Whilst the intestacy rules aim to look after spouses, civil partners, biological children and legally adopted children, provision is not made for unmarried partners, step-children, or foster children. Nevertheless, unmarried partners or those children who were treated as part of the family by the deceased could apply to the court for financial help.

If there are no living relatives, the whole of your estate goes to the Crown! Is that what you really want? If not, then get working on your will today, don’t put it off!

Applying To Settle In The UK

Visas offer short term entry into the country, typically for a period of up to five years, but do not grant citizenship, naturalisation, or an Indefinite Leave to Remain (ILR). Once a visa expires, the holder is expected to leave the country, unless they have applied for citizenship or ILR, or for another visa. Indefinite Leave to Remain means that the applicant is allowed to live and work in the country for as long as they wish, but they do not take up British citizenship, whereas naturalisation means that the individual becomes a British citizen and holds a British passport, with all of the rights that a British citizen has.

Visas are available for people wishing to study, invest, or set up a business in the country. They are also available for people that have a firm job offer within certain roles or industries, and even though most visas will initially last for a period of two to three years, they can usually be extended, as long as certain criteria and requirements are met. For visa holders that are married to a UK citizen, if they have remained in the country for three years, then they will usually be granted citizenship. If a visa holder is not married to a UK citizen, then they will be allowed to apply for ILR after a period of five years, and naturalisation after another year.

Applying To Settle In The UK

An Indefinite Leave to Remain is only usually granted to those that have already shown considerable commitment to living in the country. This is usually achieved through the holding of a permanent visa, and meeting the requirements of that visa. It will depend on the type of visa that is held, as to how long it is before the holder can apply for ILR, but this may be a period of up to five years.

Furthermore, applicants must be able to show that they have sufficient knowledge of life in the country and sufficient knowledge of the language, unless they are aged under 18 or over 65, in which case this requirement can be ignored.

There are two routes to British citizenship; one as the spouse of a British citizen, and one not. A person that is married to a naturalised citizen may apply for citizenship after being in the country for three years and having been ILR at the time of application. For those that are not married to a British citizen, they must have been in the country for a minimum of five years, living with ILR for at least one year, and they must meet a number of other eligibility requirements. They must also intend to remain resident in the UK, and not intend to move to another EU member state country.

Clifford Johnston & Co Solicitors are experienced immigration solicitors, and can provide consultative advice on the best visa applications, and help with ILR and naturalisation applications. Call them today to help determine your best options for entry into the UK, or for becoming a permanent resident within the country.

What to do if you have been accused of careless driving

Careless driving is the cause of many accidents. Most of drivers, know the basics of the traffic rules: make a warning signal, move to the proper lane for turning, never do a U-turn, if it is prohibited, did not cross the double solid line, etc. Although we all are well aware of these rules, some drivers ignore them for whatever reasons, for example to save some time. We have so little time that we do can not afford ourselves to do everything right. According to statistics, the average driver commits 2,5 breaches per 1,5 kilometers. Traffic rules ignorance leads to the need to pay for traffic tickets. In some cases it may really cost you much and make a hole in your budget. In this case it is better to contact specialized paralegal companies like Trafficticketlinks.com, which experts know how to minimize the fine.

Why is it so important to follow all these little rules which, at first glance, do not play a crucial role? Traffic rules are created so that we can predict the behavior of other members of the traffic, and thus to avoid conflicts and accidents. Ignorance of these rules due to careless driving results in the chaos that we see every day. So, be punctual, follow the rules and always be on the alert!

Defensive driving is primarily a moral attitude. Think about it: if you are having one thousand kilometers behind and you know the rules – this is excellent, but may be it is worth refreshing your knowledge from time to time? We often lose the dangers, which might wait us on the road, of the sight. To drive a car… It is so commonplace thing that we forget how dangerous it actually is. And it is very important to remember about it.

What are the highest traffic tickets in the world?

The vast majority of car accidents occurs as a result of traffic rules violations due to careless driving. Therefore, in order to discipline the drivers, and possibly save their lives, the officials responsible for traffic, punish them for the non-compliance of traffic rules with traffic tickets. It is worth noting that they are increasing every year. There are countries with very costly traffic fines.

Here is the rating of the highest fines for traffic rules violations.

1. Finland takes the first place, because the most costly fine of 200 thousand dollars was issued for speeding here. This does not mean that you will be fined the same money for non-compliance of the speed limit. The fact is that the maximum amount of the fine in Finland is not limited, and it is calculated in accordance with the annual income of the rule breaker. The minimum fine for speeding here is € 1500. The amount of some other traffic infractions:

  • € 90 for driving on the red light
  • € 4,500 for driving under influence
  • € 135 for not fastened belt.

2. Canada comes second after Finland. The second largest fine of 12 thousand dollars went to the bike rider, who was moving at a speed of 260 km / h.

The following amounts of penalties are charged for:

  • driving on the red light – 144 USD
  • driving under influence – 600 USD
  • parking in a prohibited place – 100 USD.

 

The truth about Lexington law and other credit repair companies

Credit repair can be defined as the process of fixing bad credit report, for whatever the report may be. But the credit repair companies’ fixes your bad credit from the agencies form where you have taken that credit.

In many people’s view, holding a bad credit history simply eliminates you out of the list of the people who have a good repute among the society. Many people also believe that once you have a bad credit report than nothing can be legally done to change your credit report. But in actual bad credit can be actually changed legally. The people who consider this task impossible to have, always contacted the lawyers, who work in an illegal way. But if you hire the lawyers who work for the government then your credit report can be easily balanced and your credit can be repaired.

Having a bad credit makes the person more tensed. And this means that the person is not able to have a good credit history for years. To solve the problems of such people many companies have appeared on the scene. This companies claim to have credit repair lawyers. But in actual among these companies almost many of them are just fraud. This much rise in bad credit has also given rise to Lexington bad credit repair lawyers. The Lexington bad credit repair lawyers are the best in town.

When you go to any credit repair law firm then in order to minimize your bad credit they ask you to fill the statements that are false, beside, this they also ask you to focus on disputing inaccurate mars on your credit report. These kinds of acts gave a more negative impact on your credit report and the person in turn finds him more drowned in his bad credit report.

At Lexington law of credit repair or credit repair lawyers we do not mislead our clients. We do not ask them to file the false statements and dispute the inaccurate information. Every step taken by our firm is in the limits and boundaries of the legal content and thus it makes goodwill of our company among the people.

If you are living with bad credit then you might have heard that the bad credit will go away with time. But in actual this is not true. If you want to experience then you can see yourself that even after spending years and years with the bad credit, your credit statement will not be minimized to that extent which you have predicted or expected. Thus the best way to end up your bad credit is to hire the Lexington law credit repair lawyers. Believe it or not , but  the lawyers are available at very much affordable rates and when it’s about repairing your bad credit repair then you are in a position to pay anything that can release you from the burden of your bad credit report.

So, if you are one of those people who are just suffering from this bad credit and want a credit repair then contact Lexington law now.

Successful Blogging tips for the Small Law Firm

There’s no getting around one simple fact: blogging is crucial to modern marketing. And the statistics back this up. According to Social Media Today, some 61% of U.S. consumers have purchased a product or service based on a blog post. This is on top of the fact that 77% of all Internet users read blogs. In the digital world in which we now live, this is the new reality, and it applies as much to legal services as it does to retailers. Of course, the truth is that many smaller firms are already stretched thin and oftentimes don’t have the giant ad budget that the giant firms boast. But to not make blogging a part of a firm’s strategy is to ignore this most crucial of attorney marketing ideas. The below-listed tenets should put any firm, regardless of size or budget, on the path to successful blogging.

Be relentless

At least as far as blogging is concerned. Those who feel a couple posts a month will be sufficient to spread the word are sorely mistaken. It takes at least 50 posts for Google to even begin to rank a blog, let alone rank it high enough so that it is easily visible to the online community. A firm needs to make a commitment to blogging at least a couple of times a week (preferably more). Consistency is the most important thing.

To Hire or Not to Hire

Many SEO firms provide guest/ghost bloggers to produce content. This may be a wise idea for a big-time firm, but partners at smaller firms may not have the luxury (re: budget) to enlist the services of a hired-gun blogger. Also, it may not even be necessary. If the firm in question has attorneys with excellent writing skills on staff, it may be a shame to waste that talent.

Conversely, even small firms may have no choice but to hire content writing services. This is because all successful blogs offer new content on a weekly basis, usually multiple times per week. To this end, finding a knowledgeable writer well versed in legal-ease to represent a particular firm can help bolster that firm’s brand.

Be personal, be credible

More and more, businesses are finding that they can effectively engage with their target base by doing so on a personal level. A blog that does nothing except promote the hard sell of a particular product or service is going to turn people off fast. Law firms should take this principal to heart. Composing posts in the voice of the firm’s employees, or even a partner, helps put a face to the organization and more humanly communicate the message. And the published posts should always be of some use to the reader.

The above list represents the fundamentals of blogging in the modern world. However, the overriding principal is always the aforementioned diligence. There’s nothing less productive than a stagnant, neglected blog. Law firms of all stripes need to make a firm commitment to actively updating their blogs on a regular basis.

Basic On Assault And Battery Massachusetts

Assault and battery can be charged as a misdemeanor and as a felony, which depends on the circumstances of the entire situation. Although assault and battery Massachusetts are two crimes, they are usually grouped together. You will need a Boston criminal defense lawyer if you are charged with this criminal offense.

You need to ask legal help because you don’t want this offense going into your criminal record. In case that happens, you will have to deal with many consequences and most of them will affect your life in a very negative way. Renting an apartment or getting a job will not be easy, to say the least, if you have a criminal record. This is something you have to keep in mind when you start looking for a good Boston criminal defense lawyer.

Assault And Battery Massachusetts

Although these two crimes are usually charged together, there is a difference between them. An assault involves a threat of harm. One example is: threatening an individual with physical violence to extort money.

On the other hand, battery involves actual physical harm. If you make a direct contact with another person, harming her or touching her inappropriately, you will be charged with battery.

In this case, assault and battery are considered as a high level misdemeanor.

Assault and battery in Massachusetts will be considered as aggravated assault and battery if you used a deadly or dangerous weapon, if you committed the crime in a protected place, if you seriously harmed the victim or if you committed the crime against protected people. In this case, the aggravating factor will change the circumstances and it will be charged as a felony.

No matter what kind of offense you have been charged with, it is important that you reach Boston criminal defense lawyer as soon as possible. You should not allow this situation to turn into a law case. You want your lawyer to act immediately so that he can do anything he can do drop the charges against you. In case your case gets filed, you will have a criminal record with assault and battery Massachusetts written in it. You will have troubles with finding a job, getting and apartment and leading a free, fulfilled life. In order to prevent this from happening, you need to contact and hire a criminal defense lawyer as soon as you can.

How To Hire A Reliable Personal Injury Lawyer?

A personal injury lawyer, as the name suggests, is hired to represent a client with his claims of a personal injury. The claims usually are that the injury has been caused by the defendant, through negligence or intentional intent. It is important to realize that the injury need not be physical alone. It may be emotional or even a defamation case.

Most commonly heard are on this subject are road traffic accidents, assault claims, home accidents, product liability accidents and holiday accidents. Other cases usually filed are those based on medical and dental negligence claims.

Once the case is in court, the judgment is decided based on intent to hurt, negligence, physical, monetary and emotional loss to the injured. The damages may be either special or general. Special damages can be measured. These include medical expenses, loss of earnings or property, etc. General damages are not immediately measureable and include pain, suffering, loss of consortium and emotional trauma. Another type of loss is the loss of amenity. This is where the injured has suffered a loss which would affect his lifetime earnings, such as a cricketer who suffers a wrist injury.

How to decide on which lawyer to select?

In the event of an accident or trauma case, it is essential to take a bit of time to select the best lawyer to serve you in the case. While the panic and pain of the trauma will take its toll, a good lawyer or firm will help you in exacting your suitable compensation. There are many firms who have specialized in the different types of these incidents. While each case will vary, there are a few basic criteria that can help you make your choice. Most firms, like San Antonio personal injury lawyers, often say that unless the plaintiff wins the case, they will not get paid. This increases the motivation to win and gives some moral support to the injured party.

The lawyer should have dealt with your case types before. A car accident is different from a bicycle one and prior experience will help a lot. Do check that the lawyer has actually won the case. The lawyer needs to have his or her practice in the jurisdiction of the place where you were injured and not necessarily from where you actually reside.

You can get a free consultation where you are free to ask a lot of questions to your prospective lawyer. These consultations are not binding and you can meet with many more before you actually hire a lawyer. Find out how long before the case will go to court and what are the approximate costs you can expect. This may or may not include the contingency fee which is usually a percentage of your settlement. Get a tentative date or time period for the resolution of your case.

If the firm or lawyer you are dealing with is an extremely popular one, chances are he may not have the time to deal with your case properly. Ensure that he will be available when needed and not at his own time. You can confirm with the State’s bar that the lawyer has not been disbarred. There are sites like AVVO and Martindale-Hubbel which score lawyers according to their performances.

Confirm the statute of limitations before you file a case. It usually varies from 1 to 3 years depending on the state you are filing the case in. You need to feel comfortable with the lawyer in question before you can successfully work with him or her. If the person makes you feel uncomfortable or has not answered your questions to your satisfaction, chances are you are not going to get a good representation from him.

5 Warning Signs of Nursing Home Neglect

With almost 2 million senior citizens in varying types of assisted living facilities, it has become increasingly important to look into possible neglect of elderly people who are living in nursing homes.

If nursing home staff unintentionally or intentionally fails to carry out their duties of caring for the residents, protecting them, making them comfortable and helping them get the best quality of life possible within such confines, then that staff or caregiver is guilty of nursing home neglect.

Nursing home neglect happens much more than most people will ever know. Maybe, it is because the residents’ families do not even take notice or the residents themselves do not complain. If they were put in the nursing home because of a particular medical condition and they exhibit some of these signs of neglect and possible abuse, most relatives just assume that their loved one’s health has taken a turn for the worse while at the nursing home.

Well, if you have a loved one in a nursing home, it is important for you to know what the clear signs of neglect are. This will help you quickly identify it and decide on whether to keep your loved one there or sue the nursing home with the assistance of a practiced attorney such as David Heil, PA.

Bed Sores and Infections

If your loved one clearly has bed sores and other infections, then it is possible that they are being neglected. This becomes even more important if they are immobile, incontinent or incapable of taking care of themselves. Bed sores mean that they are rarely moved from where they are and that the bedspread is probably not being changed. Even worse is the fact that they are not getting proper physical grooming necessary to keep them healthy and alive.

Weight Loss and Unkempt Look

No matter how ill a nursing home resident is, they should not look untidy. If they are losing weight and the doctor mentioned that weight loss is one of the symptoms of their condition, then that is understandable. What is unacceptable is that they look unkempt as if they are not being cared for. Sometimes, the unkempt look is not distinct. However, look underneath their nails, look at their feet and the state of their hair if they have any. If those do not look all right, you can be sure that the staff is neglecting your loved one.

Broken Things and Unkempt Rooms

How’s their room or space look? Clean and tidy or dirty, unkempt and disheveled? That is evidence right there. Look at their immediate surroundings. Check the lights, the ceilings and the general state of things in the nursing home. If all these look like they are not in shape, chances are that they are neglecting your loved ones. It does not matter if the nursing home is not getting adequate funding from the government. The reality is that everyone deserves to be taken care of. They should have access to basic things like clean water, a change of bedding, decent lighting and so on.

Fall, Fractures and Head Injuries

This one is a very clear indicator of negligence on the part of the nursing home’s staff. A nursing home should be a place of shelter and protection. As a result, all residents must be protected from falls that can result in broken bones and fractures. If you visit and there’re signs of bruises, falls, fractures, scratches, and head injuries, don’t hesitate to sue the caregiver at the home and take your loved one away from there. It is the least you can do to keep them safe.

Sudden Behavioral Change

Unless there is a clear diagnosis, if your loved one starts exhibiting anti-social and aggressive behavior, then you need to be at alert. This is of particular importance if they were never that way before they went to the home. Nursing home residents might recoil or flinch from any contact particularly when they have been abused by the staff or any other person in power.

The writer, Oscar Stan, is a freelance writer who recently had his mother put in a nursing home to help take care of the conditions resulting from age, and writes about issues he is concerned with. If you want to learn more about Oscar you can visit on Google+.

Accident Compensation Best Done by a Specialist

Accidents happen and sometimes they can be costly. Everyone has insurance that will cover them from a whole range of mishaps but there will always be an excess to pay and likely an increased premium next time round. Sometimes insurance is not enough. People can suffer accidents through no fault of their own and they then need help to get recompense.

Blame

Many a time when accidents happen in traffic, blame can be apportioned immediately, with the party at fault simply notifying his or her insurance company who will then pay the claim. There are occasions when things are more complicated. In Cheltenham recently, the Borough Council issued a plea to its citizens when ringing for a car to only use properly licensed vehicles; that is one licensed by the council rather than one licensed elsewhere over which it has no jurisdiction. It means that in the event of a claim of any sort, it can investigate as the licensing authority.

Hazards of Travel

There will be times when someone needs a personal injury lawyer in Cheltenham for something that may have happened while they are travelling by road, rail or air. If someone or something else is to blame for an incident where compensation should be paid, a solicitor that specialises in such things is certainly the route to take. When it comes to problems that occur abroad on holiday, matters may not be straightforward and the costs of medical treatment may be high.

Legal Help

There are plenty of examples of times when legal services might be needed:

  • Road traffic is one of the most common. If it is something that happens abroad it may be covered by holiday insurance but it is important to ensure a report is made in order that compensation can be sought once you return home.
  • Simply falling. If that is a result of bad paving, for example, then a compensation claim can be lodged but it is best done by a solicitor.
  • If there is any problem with your flights, even something relating to boarding or leaving the plane, there may be a case for compensation.
  • Sports injuries may be your own fault. If they are the fault of others, a personal injury solicitor should be consulted.
  • Food poisoning can be a problem on holiday. If it is mild and simply a matter of adjusting to the local cuisine, it goes with the territory. If however it is more serious and perhaps something that everyone in the hotel or aboard a ship suffers, then compensation is almost certain.

You may not want to make a fuss about something minor but for everything else you should seek out an expert rather than accept an offer which might be far less than you are entitled to receive. It only takes a simple telephone call.