|
 |
|
|
Areas of Practice |
| |
• Auto, Bus and Truck Accidents
• Medical Malpractice
• Product Liability
• Casino Negligence
• Premises Liability
• Wrongful Death
• Construction Accidents
• Explosions
• Injuries to Children
• Elevator & Esclator Malfunction |
|
|
|
|
 |
| |
|
| |
| Frequently Asked Questions |
Medical Malpractice
Premises Liability
Product Liability
What is medical malpractice?
Medical malpractice occurs because a doctor improperly treated a medical condition and this treatment or negligence is the cause of a new or worse injury to the patient. This is also known as medical negligence.
What are the possible reasons for medical malpractice?
Medical Malpractice may result from:
a. A delay or failure in diagnosing a disease;
b. A surgical or anesthesia related mishap during an operation;
c. A failure to gain the informed consent of the patient for an operation or surgical procedure;
d. A failure to properly treat a disease even if the correct diagnosis has been made; or
e. A misuse of Prescription Drugs or a Medical Device.
What should the patient prove in order to succeed in a medical malpractice suit?
To establish medical negligence, an injured patient, the plaintiff, must prove:
a. That there existed a duty owed by the health care professional to the patient;
b. That there is an applicable standard of care, and the health care professional's deviation from that standard is deemed a breach of the duty owed to the patient;
c. That there is a causal relationship between the deviation from the standard of care and the patient's injury; and
d. That there is injury to the patient.
The injured person has to prove that the physician's conduct fell below a generally accepted standard; to prove the accepted standard, the plaintiff may need to present the testimony of another medical expert, indicating the standard required and establishing that the physician has failed to meet this standard.
What is a 'prescription error'?
Prescription error is a form of medical malpractice in which there is an error or miscalculation by a health care professional or pharmacist. It may seriously affect the patient, putting the patient's very life in jeopardy. For example, a pharmacist could give the wrong drug, the doctor could prescribe the wrong dosage, or another health care professional could cause injury. The resultant injury from wrong drugs or overdoses could be catastrophic and form the basis of a suit for prescription error.
What is premises liability?
Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. Premises liability holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property.
What is possession under premises liability law?
Under premises liability law, a person is said to "possess" land or premises when:
a. The person occupies the land or premises with the intent to control it;
b. The person formerly occupied the land or premises with the intent to control it, where no other person has subsequently occupied the land or premises with intent to control it; or
c. The person is entitled to immediate occupation of the land or premises, if no other person is in possession as just defined.
If a person is injured on someone else's property, to what extent are the owner/ possessor liable?
A landlord remains liable for the condition of the housing it owns, even if it has contracted with a management company to provide all service and maintenance in relation to the housing. Sometimes the injured person will be partially at fault for what happened. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety. When this is not exercised properly, the recovery may be limited. The comparative fault system in personal injury cases contemplates a reduction in legal damages claimed by an injured person by a percentage that is equivalent to his fault for the incident.
What is a slip and fall accident?
Slip-and-fall accidents or injuries come under the category of premises liability injury and occur when a person is seriously injured by slipping or tripping and falling because of unsafe or dangerous stairs, railings, or other structures. Restaurants, parks, museums, office buildings, homes, apartment buildings, outside steps, sidewalks, etc. are locations prone to safety problems such as slippery or irregular floors, irregular stairs, improper handrails, unsafe curbs, poor or improper maintenance, improper design, improper construction, unsafe equipment, and improper repairs. Falls can take place both indoors and outdoors.
Who is liable for slip and fall injuries?
Under general tort or personal injury law, slip and fall cases must meet certain criteria in order for a victim to receive compensation for their damages. A party is held liable for slip and fall injuries sustained on their property when the victim can prove that the party had knowledge of the danger and failed to act in an appropriate and timely manner to prevent injury. The injured party may not be able to receive compensation if he/she had knowledge of the hazard prior to the injury.
What are the recoverable damages in a slip and fall suit?
Damages can be recovered for medical bills, lost time from work, permanent or temporary disability, pain and suffering, which includes physical and mental agony.
What is product liability?
Product liability refers to the liability of a manufacturer, seller, or supplier of a product for injuries caused by a defect in the design or manufacture of that product. Products liability law aims to protect consumers when products containing defects cause damage. Under this law, the manufacturers of the defective product are considered liable for any harm caused to consumers during their usage of the product.
What is a defective product?
A defective product is one that causes damage or injury to a consumer by way of a defect in the product, its labeling or marketing, and the way the product is used.
|
|
