Posts Tagged "Legal Doctrine"

Brain Injury Liability

Posted by on Jan 16, 2013 in Brain Injury, Injury Law, Juris Doctor, Legal Doctrine, Pre Law Overview

The brain is the control center of virtually every essential process conducted by the human body, so even minor damage to this crucial organ can prove catastrophic. For the same reason, injuries to the brain can have dramatically divergent consequences, depending on the precise nature of Brain Injurythe injury and where in the brain it occurred. Some common consequences of brain injuries include loss of motor skills, loss of memory, stroke, emotional changes, suicidal ideation, cognitive deficits, and permanent disability.

Because of the considerable seriousness of these types of injuries, they are usually treated with the utmost concern from a legal perspective. In civil law, for instance, brain injury victims are often entitled to pursue compensation far beyond what the victims of other types of injuries might receive, because of the significantly greater range of negative effects which they may experience.

Liability for an individual’s brain injury is determined largely on the basis of how the injury occurred. Many of these types of injuries result from traumatic accidents, such as vehicular crashes. In Georgia, for instance, a man who was severely injured in an accident with a large tractor-trailer sustained life-altering brain injuries. He pursued legal action against both the driver of the vehicle and Georgia-Pacific, the trucking company which owned the vehicle, eventually settling for an undisclosed sum to help pay for the damage he had endured.

Brain injuries also may occur in medical settings, either as a result of poorly performed surgery, improper administration of anesthesia, incorrect pharmaceutical prescriptions, or for a multitude of other reasons. Individuals who suffer this type of brain injury are advised to pursue the assistance of Ritter and Associates, as this type of brain injury case often requires a very specific type of legal know-how in order to be properly represented.

The recent class-action lawsuit filed against the NFL by as many as 2,000 former players is another clarifying example of the ways in which liability for brain injuries may be assessed. Though the case has yet to even reach the trial stage, the allegations made by the players make clear the basis for which they believe the NFL should be held liable for injuries to their brains: because the NFL was aware of scientific evidence demonstrating the serious harm that concussions can cause, but failed to make this danger clear to the players, they allege, the league should therefore be held accountable for medical bills and other damages they may have suffered. Many retired players have suffered mental illness after some time out of the league, with depression and suicide not being uncommon among them.

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An Overview of American Medical Malpractice Law

Posted by on Jan 13, 2013 in Injury Law, Legal Doctrine, Medical Malpractice, Pre Law Overview

All licensed medical professionals have a responsibility to provide care and treatment to their patients that comports with the standards expected of their industry. Unfortunately, not all medical practitioners meet this standard. When this occurs, it can often leave patients suffering from Medical Malpractice At Argosyserious consequences that may affect them for the rest of their lives. In legal terms, this type of incident is known as medical malpractice.

Medical malpractice is a serious problem in the United States, with preventable medical errors ranking as one of the top causes of death in the country. Non-fatal instances of medical malpractice, which cannot be neatly quantified in the same way that fatal forms of this problem can be, are an even larger problem on the order of several magnitudes.

While the ability to fully compensate for the challenges that medical malpractice may pose in a victim’s life are often considerably diminished in our legal system, medical malpractice lawsuits nevertheless can help to restore at least some of the losses that a patient may suffer. A brief examination of several notable medical malpractice cases in the United States can help to give a more detailed understanding of the legal apparatus in place for resolving this issue.

Medical Malpractice: A Case-Based Examination

One of the most high profile instances of medical malpractice in recent memory involved the popular singer Michael Jackson, who died as a result of a prescription-drug overdose. While many initially assumed that it was the singer’s own abuse of the drugs which led to his death, the coroner who examined Jackson’s body decided that the death occurred not as a result of improper use of any one drug, but rather as a result of an unsafe combination of different prescriptions which had been provided by Jackson’s physician. Jackson’s father currently has employed a team of medical malpractice attorneys to pursue a suit against the physician, as well as the producers of the pharmaceuticals.

Another well-known instance of medical malpractice involved the actress and singer Julie Andrews. Andrews opted to undergo a routine surgery to remove nodules from her vocal cords, a procedure which should have had no lasting effect on her singing voice. However, errors during the course of the surgery dramatically limited her vocal range and left her unable to sing at all for years. As a result, she filed suit against the physicians who performed the operation, eventually settling for an undisclosed sum.

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