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What Kind of Medical Mistakes Amount to Malpractice?

Medical mistakes happen, and it may not always be easy to deal with the aftermath. When seeking help from a medical professional, such as a physician or nurse, you should be aware that they are not perfect, and they may make a mistake. Sometimes these missteps are due to human error caused by negligence. Medical malpractice is a type of personal injury claim. Proving it means showing that the medical provider failed to follow a reasonable standard in caring for you. Some of the most common medical mistakes might rise to malpractice if the staff dealing with the situation did so carelessly and recklessly.

Missteps During Surgery

Surgeons have a stressful job. Even the most experienced doctors may come up against a situation that challenges them. During a surgical procedure, even a routine one, something may occur that sends the entire operation into a tailspin. Perhaps an artery was nicked by a surgical instrument, or the incision was misplaced. Regardless, surgical mistakes may be due to the doctor's negligence if what lead to it was not a proper procedure that another surgeon would follow.

Injuries to a Baby During Birth

Labor and delivery is a difficult thing to go through for a woman. The medical care she receives may help guide her through the process relatively smoothly, or it may become necessary to save her or her baby's life. If a mother's labor is not monitored correctly, signs of fetal distress may be missed. During birth, a doctor may struggle to get the baby out because they missed some of these distress signs, or the baby is not in the proper placement. Time is of the essence during birth, and a relatively difficult one may end up costing a baby vital access to nutrients, leading to brain damage.

Misdiagnosing or Failing to Treat a Patient

Physicians need to be able to piece together a puzzle at times. When a patient is vocalizing symptoms that don't match test results, a doctor may rush to judgment and determine that they're overreacting. On the other hand, the physician may quickly diagnose them with something that almost fits. Either of these two actions may cause repercussions down the road to the patient if the medication and treatment plan don't fit the actual illness.

Doctors may seem above everyone else in society's hierarchy, but they are human and capable of making poor choices. When these poor choices result in harm to a patient, however, the doctor may get served with a malpractice suit. If you feel like you are the victim of a provider's negligence, contact a FL medical malpractice lawyer for guidance.

Thank you to David & Philpot, P.L. for their input on medical mistakes and malpractice.

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Who Will Pay Your Medical Bills if You Are Hit by an ATX Co-op Taxi

If you are hit by another motorist, one of your first thoughts is receiving compensation, especially if the accident resulting in injury. This matter is made more complicated if the other car is an ATX Co-op taxi, or any other kind of taxi. Who will be the party to pay your medical bills? Will it be the taxi driver, or the taxi company? This question is more complicated than you might think.

Who Is Responsible?

It turns out that the matter of who will pay your medical bills might depend on the state you live in. Some states have put regulations in place for taxi companies when it comes to car accidents or injuries. Some states also have regulations for ridesharing companies, such as Uber or Lyft.

If you find yourself in a situation where a taxi driver is responsible for your accident, the first thing you should do is speak with an attorney. A legal professional will be able to tell you what the laws are for your area. In most states, there are no special rules surrounding taxi cab accidents, which means the individual driver is held accountable, rather than the taxi company. Chances are very high that this will be the case for your accident.

Filing a Personal Injury Suit

If the accountable party refuses to compensate you for your medical bills and other damages, you should consider filing a lawsuit. This is the solution which the law guarantees to each and every citizen. In order to file a lawsuit, you should first hire an attorney who specializes in car accidents. This will allow you to have the best chance of success as possible and to be sure you file correctly.

The law guarantees that anyone who suffered damage from another person's actions can receive compensation for their losses. Whether these damages are financial, physical, or emotional, you are still entitled to compensation. Some types of losses you may be eligible to receive compensated for include:

Medical bills

Medicine purchases

Lost wages from missed work

Future lost wages from loss of ability

Damage to property

Physical or emotional trauma

The other driver being a taxi driver does not affect the situation in any way, other than the taxi company being the party who will be held accountable in certain states. Whether the appropriate party to file against is an individual or a company, you are still due compensation. Your car accident lawyer in Longwood, FL can help you navigate this difficult matter.

Thanks to David & Philpot, P.L. for their insight into personal injury claims and protecting your rights after an accident.

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How Does a Car Accident Claim Affect Your Insurance?

Car accidents are unfortunately common, so it’s important to drive cautiously and obey traffic laws. Even with your best efforts, you can’t avoid all incidents all of the time. Luckily, your auto insurance should cover many of the repair costs. However, your biggest concern following an accident might be your well-being or that of your passengers. Car accidents can cause severe injuries that affect your day-to-day life. It’s important to understand how filing an injury claim will have an impact on your insurance coverage going forward.

After the Accident

Being in a car accident brings a lot of stress and inconvenience, not to mention any physical or emotional pain you may have suffered. To make sure you get the right help and navigate your way through the process, it’s essential to take the right steps immediately after the incident. First, call the police and exchange insurance and contact information with the other driver. Once the police arrive, you can file a report. You should then contact your insurance and the other driver’s insurance to report the accident.

If it Wasn’t Your Fault

If the other driver caused the accident, you should still go through your insurance first to cover some of your injuries. Your plan should have personal injury protection, which will pay for care and treatment of each person in the vehicle up to a certain amount. Filing a claim in this case should not put you in bad standing or cause your premiums to rise. You should then file a claim with the other driver’s insurance company. This coverage should pick up the rest of the costs once your plan has reached its limits.

If it Was Your Fault

If you caused the accident, the situation is a little different. You should still file a claim because your insurance will stay provide personal injury protection under your coverage. The difference is, this will likely affect your premiums, as you will probably see an increase in your next bills.

Getting Help

If there is a dispute over who was at fault, an attorney can help. Similarly, if you are having trouble getting coverage or payment for claims, you should consult an accident attorney. A lawyer that specializes in these personal injuries knows the right process to follow to make sure your rights are protected.

You should never be afraid to file an insurance claim after an accident. If you didn’t cause the collision and injuries, your insurance provider won’t likely change your rates.

Your attorney, like a car accident lawyer in Longwood, FL, can help you navigate this difficult matter.

Thanks to David & Philpot, P.L. for their insight into personal injury claims and protecting your rights after an accident.

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What You Should Do Following a Hit-and-Run Accident

Car accidents are all a pain, but when you are the victim of a hit-and-run, it adds a whole new level of frustration. You obviously can’t get contact or insurance information from the driver, so what should you do? The following are a few things to keep in mind when you are involved in a hit-and-run.

1. Remember Safety

Pull over to a safe area before doing anything else. You should never chase the car. If you get a good look at the vehicle that hit you, commit it to memory as you’re pulling over. After you are safely at the side of the road, and if the car is still in sight, write down the license plate number. You should also write down a description of the vehicle and the suspect at this point.

2. Call the Police

You will need to call authorities as soon as you are pulled off the side of the road. This will ensure a proper police report is taken care of in a timely manner, which will help you with your insurance claim. If you need medical attention, this will ensure the paramedics arrive to help you.

3. Collect Evidence 

Using the camera on your cell phone, take pictures of the area where you were hit. Include surrounding trees, street signs and other traffic. If there are skid marks from your accident, take pictures of those. Be sure to capture the damage done to your car. Take some pictures from a distance, as well as some up close so you can really see the damage.

4. Seek Witnesses

If anyone witnessed the hit-and-run, you’ll want to collect contact information from those people. Pedestrians who witnessed the accident are great witnesses. You could also knock on the doors of offices or homes nearby to see if anyone happened to notice the incident, whether from inside or outside the building. If anyone stops to help you, be sure you get that individual’s contact information as well.

5. Report to Your Insurance Company

It’s your duty to report your accident to your auto insurance company. If you have uninsured motorist or collision coverage, it will be easier for you to receive compensation for your accident.

Contact an Attorney for Assistance

Any time you are involved in an accident, an auto accident lawyer in Lakeland, FL can help you seek compensation. If your accident was a hit-and-run, an attorney can help you assess the situation so you know what to do next. Contact your attorney today for answers to any questions, and for assistance with your hit-and-run case.

Thanks to David & Philpot, PL for their insight into personal injury claims and hit and run car accidents.

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4 Steps for Choosing a Wrongful Death Attorney

Grieving the loss of a loved one can take its toll on family members. Possibly the last thing you want to do is worry about money, suing someone and putting the blame where it belongs in the case of wrongful death, but it’s important it gets done. Without the responsible person being held accountable, you could end up paying expenses that shouldn’t have to be paid. By holding the individual responsible, you help to ensure nobody else has to bury a loved one because of the same negligence. How do you choose a wrongful death attorney to represent you?

1. Make a List of References

Contact family members and friends who have also had to deal with this type of situation and ask for references. Be sure to understand what each person did and did not like about the attorney who represented him or her. You could also look for online references and read reviews from actual clients. After coming up with a list of some you’re interested in, begin to contact them to set up consultations.

2. Interview the Attorneys

When you have a consultation with each attorney on your list, head into the meeting with specific questions. Some you may want answers to include:

Do you specialize in a particular type of law?

Are there other members of the firm who will work on the case? Do you bill at a lower rate for those associates?

What kind of time can you devote to the case?

How many wrongful death cases have you tried recently and how many have you won?

You can also ask for accreditations and degree information, as well as whether the attorney has had any disciplinary actions taken against him or her. You can follow up with the state bar association to double check.

3. Make a Decision

Armed with information from your interviews, you can whittle down the choices and decide on an attorney. If you can’t decide between some, do a little more research. Look deeper for more reviews. Speak with other attorneys in the area who deal with wrongful death and see what their opinions are of each of the lawyers you’re considering.

4. Hire Your Attorney

After making the decision of who to hire, it’s important you get started right away. Contact your attorney and start supplying him or her with all the information surrounding the death of your loved one. The attorney may conduct independent investigations as well, but the claim needs to be filed before the statute of limitations runs out, so be sure you act as soon as possible.

Getting Started

To get started, contact a wrongful death attorney in Longwood, FL today. With legal counsel by your side, you may end up with a better settlement than you’d expect.

Thanks to David & Philpot, P.L. for their insight into personal injuries and choosing a wrongful death attorney.

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Personal Injury Settlements: Putting a Value on Pain and Suffering

Nobody wants to be involved in an auto collision, but the vast majority of motorists will inevitably experience at least one fender bender in their lifetime. Thankfully, most of those accidents will not result in significant injury. However, for the unlucky ones, injuries sustained during a car crash can leave them bedridden for weeks or longer. When a car wreck leads to such damages, you will likely want to seek restitution, but how do you know the value to put on your claim? How much is your pain and suffering really worth in the eyes of the court?

Defining Pain and Suffering

Pain and suffering is a broad term that encompasses the financial and emotional hardship of your injuries. The term often includes lost wages, medical expenses, lifestyle changes and several other elements. While it is difficult to define the real value for pain and suffering, as it is different for every individual, lawyers and judges do their best to weigh the evidence of your loss against the potential financial burden.

Calculating the Damage

When calculating damages, you will probably have to provide a basis for your estimates. Therefore, you cannot just walk into mediation or a courtroom and demand $100,000. You need to show how that number came to represent your losses. In other words, you need to show proof and verify your calculations.

Proving the Loss

Proving your losses is as simple as showing receipts and as tricky as proving emotional duress. While you can show lost wages by providing past pay stubs and explaining how your injury does not permit you to continue working, you will need to show more significant evidence of psychological trauma. For instance, you may need to have expert witnesses testify to the trauma and how it is related to your wreck. Thankfully, an attorney can help you through this process.

Determining Liability and Accountability

The main element of proving and securing pain and suffering is to establish liability and accountability reside with the other driver and their insurance. If you are unable to determine responsibility for pain and suffering, then filing a lawsuit is likely pointless. If you are having difficulty finding this information on your own, then hire an attorney who has access to an investigative team.

Car accidents can be traumatic and devastating experiences. When you are involved in a wreck that changes your life, then it is necessary to seek pain and suffering damages to help you on the road to recovery. However, don't go it alone. Find an experienced personal injury attorney in Longwood, FL to guide and support you through the mediation and trial process.

Thanks to David & Philpot, P.L. for their insight into personal injuries and valuing pain and suffering.

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Involved in a Drunk Driving Accident? What Should You Expect From Progressive Insurance?

Progressive insurance is one of the largest and most prominent car insurance companies in the United States. It currently has more than 13 million policies, which cover not only vehicles but also boats, RVs, and boats. It also provides homeowners insurance in partnership with other organizations. If Progressive insures you, it's comforting to know you have a reputable company on your side in case of a car accident. It's crucial that you know how your policy will take effect if the accident involves drunk driving.

First Responses

If you or someone close to you has been injured by a drunk driver, you should immediately seek medical care. You should also get in touch with a skilled, experienced lawyer to review the situation. This professional will determine whether you should pursue legal action against the offender. Similarly, an attorney is accustomed to working with insurance companies to make sure you get a fair settlement and don't have to pay money out of your own pocket to cover medical care and treatments.

If Progressive Insures You

Your own insurance should have what is called Personal Injury Protection, which will cover medical costs up to a certain amount per injured person. If Progressive insures you, a representative will ask for accident details, including who was in the car with you, what types of injuries were suffered and what treatment you sought. It's important to provide as much information as possible. If you leave anything out, it could affect what the insurance provider is willing to cover and how quickly the company will process the claim. If the accident wasn't your fault, you shouldn't have to worry about Progressive raising your monthly premium due to the claim.

If Progressive Insures the Other Driver

If another insurance company is your provider, you can still get help with medical bills through your own Personal Injury Protection. However, if the drunk driver had Progressive insurance, that coverage should pick up the remaining amounts of doctor's visits, hospital stays, prescriptions, surgeries, physical therapy, chiropractor visits, and any other qualified care. In this case, Progressive may resist your claims and try to pay the minimal amount. It's essential that you stand firm and ask for nothing less than the total cost of your medical care. Your attorney can help you craft an effective demand letter.

No one wants to suffer the consequences of a car accident. If you know what to expect from the insurance companies, and if you hire the right personal injury attorney in Longwood, FL, you can have peace of mind during a difficult situation.

Contact David & Philpot, P.L. for their insight into personal injury claims and drunk driving accidents involving progressive insurance.

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What Should You Do if You're Involved in a Lyft Accident?

Accidents and mishaps are part of life. You can't expect to avoid all incidents and setbacks, no matter how careful you are. Collisions on the road are unfortunately not uncommon, whether they're your fault or because of someone else. What happens if you're riding in a Lyft and there's an accident? This presents a different scenario and challenge than if you were behind the wheel. Fortunately, if you take the right steps, you can have the financial and legal protection you need.

Contact Info of Lyft Driver

Whether or not the accident was the Lyft driver's fault, it's important to get as much information from this person as possible. This includes his or her name, address, and telephone number. Also, be prepared to provide a description of the Lyft vehicle.

Get Lyft Driver's Insurance Information

The Lyft driver should have coverage through the company, as personal insurance policies won't apply to commercial driving. Ask for the name of the insurance carrier and the policy number.

Get Information From the Other Driver

It's also important to communicate with the other party involved in the accident as well, especially if he or she was at fault. Gather contact information as well as all pertinent insurance information.

Take Photos

After the accident, take pictures of the scene so you can give an accurate description of what occurred and what the results were. This is especially critical if you suffered any injuries. Get some good shots from different angles of damage to the vehicle. Take photos of skid marks or other effects of the collision. It's also a good idea to take photos of your injury.

Talk to Witnesses

Along with chatting with your Lyft driver and other involved drivers or passengers, you should talk to anyone who observed the accident. Write down what they saw so you can report this to the appropriate insurance companies.

Contact Lyft

Once you've gotten all the essential information from drivers, passengers, and witnesses, you'll need to report the incident to Lyft. This will get the ball rolling with the Lyft insurance company and the other driver's coverage. Give accurate details of the accident. You may also want to furnish a police report to Lyft.

Being a passenger in a car accident can bring a lot of emotional distress and even injury. It's vital that you act wisely after this incident and contact a personal injury lawyer in Lakeland, FL so you can hold the offenders accountable and get the financial help you need to pay your medical bills.

Contact David & Philpot, P.L. for their insight into personal injury claims and Lyft car accidents.

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Finding the Right Wrongful Death Attorney to Handle Your Case

As the surviving family member of someone who wrongfully died, there may be compensation you can sue for. Was your loved one killed because of a defective product? Did he or she suffer due to medical malpractice? Did your family member die after a slip and fall accident? There are a wide variety of ways people pass away wrongfully, and it’s important you have a wrongful death attorney to help you fight for what you deserve as a result. The following will help you find the right attorney.

Years of Experience

When looking at wrongful death attorneys, find out what kind of experience he or she has with your specific type of case. For example, if the deceased individual passed away after complications resulting from being improperly medicated, you may want a lawyer with medical malpractice experience.

Customer Testimonials

Many legal battles are won on the testimonies of a variety of individuals. You should hold your lawyer to the same standard. Get online and look for testimonials and reviews for that particular attorney. Are you impressed by what you’re reading? That might be the lawyer for you!

Who’s Working the Case

Who do you want handling your case when you hire a wrongful death lawyer? When the actual lawyer handles your case, you are often charged more. If an associate takes charge, you can sometimes ask for a lower rate. Find out who is going to be working your case so you can be billed correctly.

Time to Commit

You want a lawyer with the time to commit to your case. If a certain wrongful death lawyer has a high workload at the moment, you might want to consider another attorney. Make sure the focus is on your case so you can receive the compensation you deserve.

Disciplinary Actions

Although a lawyer shouldn’t be totally discredited because of disciplinary actions by the state bar association, it’s a good idea to act with caution if you’re considering a lawyer with actions against him or her. Find out why disciplinary action was taken and be sure something like that won’t happen to you. You’ve already been through a lot with the death of your loved one, so you don’t need something else to go wrong.

Contact Your Lawyer for Assistance

Once you feel you have found the right personal injury attorney in Longwood, FL to handle your case, contact him or her to get started. Some issues might be time sensitive and you want to be sure you are awarded everything you rightfully deserve under the law.

Contact David & Philpot, PL for their insight into personal injury claims and finding the right attorney for your wrongful death lawsuit.

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Get Your Wrongful Death Lawsuit Filed On Time

It never seems fair to lose someone you love. If the death was due to the negative actions of another person, that death often stings far worse. Are you the surviving family member of someone who died due to negligence on the part of another? Are you considering a wrongful death lawsuit? You need time to mourn and you need time to pick yourself back up, but it’s important you understand the time limit between death and filing a lawsuit.

The Rule

Every state has a different time limit required to file a wrongful death lawsuit. This time limit is called the statute of limitations and is two years in many states, though it varies from one to six years in some states. Parents, children, and spouses who follow this rule can bring a wrongful death claim against another party. Those who wait beyond the rule cannot bring a case.

The Exceptions

With every rule there seems to be an exception. With the wrongful death statute of limitations, you’ll find the following exceptions.

Being granted an extension – In a motion to toll the statute of limitations, the other party has generally done something to delay the case over and over again. If your party is unable to move forward because of the other party’s delaying tactics, a judge can extend the statute of limitations for just that one case.

Surviving victims who are minors – If a child of the deceased is a minor at the time of death and will not be 18 until after the statute of limitations is up, a judge can grant an extension for that child to file a case upon turning 18. The statute of limitations would begin on the child’s 18th This is because minors cannot legally file a lawsuit.

Later discovery of death – The statute of limitations doesn’t necessarily start ticking the moment a person passes away. Instead, it begins when the plaintiff discovers the death. Some ongoing cases in which the wrongful actions were not discovered until after the allotted amount of time are also given an exception to file beyond the statute of limitations.

Contacting Your Lawyer Today

As you can see, it’s important you file a wrongful death lawsuit as soon as you realize there were negligent actions that caused the passing of your loved one, though the law can be forgiving in certain circumstances. Contact your personal injury lawyer in Lakeland, FL today to see if you have a case and to see what steps you should take next to receive the compensation you deserve.

Contact David & Philpot, PL for their insight into personal injury claims and getting your wrongful death lawsuit filed on time.

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Brain Injury Lawyer You Can Trust

Following a brain injury, you may be facing exorbitant medical bills, pain, and emotional grievance. The inability to work coupled with the financial strain could lead to stress and upset that hinders your recovery. What you might not be aware of is that if your brain injury was caused by another person, or partially caused, you may be entitled to compensation. The sooner you call a brain injury lawyer, the better.

Damages that May Be Available for a Brain Injury

Brain injuries can take many different forms. Some may require surgery to repair tissue or relieve pressure or bleeding on the brain. The recovery process may include further medical treatment and lengthy rehabilitation therapy. Depending on the injury, strengthening cognitive capabilities and motor skills may also be required.

Many victims of a brain injury will recover and be able to look forward to a satisfactory life. However, some are bedridden and will be unable to care for themselves ever again. How each victim of a brain injury responds to what happened will depend on the circumstance and body. What is true with all brain injury victims is that the financial losses are often very costly.

A brain injury lawyer will investigate the facts of the accident to determine who may be held responsible. Lawyers will also speak with medical doctors and other experts to gain a full understanding of your medical needs - both now and in the future. This may be followed by a close review of any applicable insurance policies that may cover your losses.

Guided by this information, we, as competent brain injury lawyers, will be able to calculate your losses. These may include:

Medical Care - Past, current, and future medical treatment that is related to the brain injury.

Lost Income - Lost wages and loss of income that has occured due to your inability to work or return to your same job.

Pain and Suffering - Any physical pain, suffering, or emotional distress that you may be experiencing as a result of the injury.

Punitive damages - Available on a per-case basis; these are special damages that are awarded to plaintiffs when malice, wrongdoing, or extreme negligence is a factor.

A brain injury cannot be reversed, but with the right legal advocacy, you may be able to prevent financial ruin. As a brain injury lawyer might explain to you, a personal injury lawsuit against the negligent party might be able to help you and your family regain the stability you need for a comfortable recovery.

A personal injury attorney Longwood, FL trusts understands the difficult situation you may be facing. When you choose to retain us to be your legal advocate, they will do their best to recover maximum damages. A law firm is made up of skilled lawyers who aggressively negotiate with insurance companies on behalf of clients.

Contact David & Philpot, P.L. for their insight into personal injury cases and brain injury.

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What Is Traumatic Brain Injury?

A traumatic brain injury is an injury that occurs as a result of trauma (specifically to the head), lack of oxygen to the brain or a violent movement of the skull. These injuries can occur in a plethora of ways. Car accidents, truck accidents, motorcycle accidents, violence or gunshots, slip and falls--these are all the most common causes of traumatic brain injuries.

Brain injuries are usually sorted into two categories: mild or severe. A traumatic brain injury is considered severe if the person experiencing the injury lost consciousness for more than one hour, while they are considered mild if the person experiencing the injury lost consciousness for less than 30 minutes. Thought the word “mild” may make it seem as if the injury is not serious, that is not the case. Those who suffer mild traumatic brain injuries can experience symptoms for a year or more after the initial injury. They are usually able to regain full quality of life, but this depends on their symptoms.

Signs of mild traumatic brain injury include:

Depression and excessive sleeping

Nausea

Seizures

Difficulty forming thoughts or sentences

Changes in mood or violent outbursts

Coordination problems

Memory loss

Sensory issues: Loss of smell, bad taste in mouth, sensitivity to lights or sound

Then there are moderate to severe traumatic brain injuries. These injuries are more severe and symptoms often occur within days of the injury. They include:

Depression/extreme mood swings

Dilated pupils (in one or both eyes)

Bouts of nausea or vomiting

Clear fluid that drains from ears or nose

Difficulty speaking or walking/Difficulty forming a sentence or thought

Confusion, irritability, combative behavior

You’ll notice that some of these symptoms overlap between mild and severe injuries. That is why it is always important to contact a doctor as soon as you recognize these symptoms, either in yourself or a loved one.

While traumatic brain injuries are common, they are not the only type of brain injury that can occur. Non-traumatic brain injuries (also called acquired brain injuries) are the result of a condition within the body rather than from external force. While traumatic brain injuries can be attributed to an event (and therefore negligence can be established) non-traumatic brain injuries can be a little trickier. These are the most common causes of non-traumatic brain injury:

Stroke

Illnesses such as cancer/Tumors

Lack of oxygen (otherwise known as hypoxia)

Brain infections, inflammation or other infection

A traumatic brain injury could leave you with physical and emotional challenges, decreased function (either physical or emotional), a loss of quality of life, an inability to return to work, costly medicare care or rehabilitation. If you or someone you love suffered from a traumatic brain injury because of the negligence or wrongful conduct of another person, you have the right to be compensated fairly for your injuries. A lawyer from [LAW FIRM] can assist you with your case. Traumatic brain injuries may result in long-lasting consequences for not only the victim, but their family members and loved ones.

Traumatic brain injuries can leave you or your loved one struggling and you deserve compensation. If you have been involved in a car accident or slip and fall accident, or have experienced a traumatic brain injury as the result of someone else’s negligence, an attorney can help you with your case. Call today to speak with a brain injury attorney Longwood, Florida relies on to get them a settlement that they deserve.

Contact David & Philpot, P.L. for their insight into personal injury cases and traumatic brain injury.

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How Victims Can Recover From Car Accidents

When car accidents happen, there is often one driver who committed a huge mistake. This person may have been speeding, running a red light, swerving between vehicles, tailgating, or something else. This means the other driver who was nearby on the road suffered the consequences of this careless behavior. Despite the one person being responsible for the accident, both parties are likely to face financial loss and physical injuries. The victim may wonder what he or she can do to recover from the car accident.

This is where an attorney can be of support, as he or she can work to see that you receive the compensation you deserve to overcome the accident. They do not believe it is fair for victims in car wrecks to have to deal with the repercussions of another’s actions.

The First Steps

After the accident, file a claim with your insurance company the same day. If the office isn’t open, then send an email to your agent or leave a voicemail. It is important to show your insurer that you have nothing to hide. If they find out from the other driver’s insurance company about the accident first, it may reflect poorly on your side of the story.

Gathering Evidence

Before leaving the scene, it is recommended that you gather key evidence. If you have your cell phone or a digital camera on you at the time of the crash, use this to document the area. Capture images of your visible injuries, both vehicle damages, debri, and a far view panoramic of the entire scene. Make copies of photographs for your attorney so they can help you start building a strong civil lawsuit case.

Creating a Medical File

When it comes to your injuries, you have a few options. You can call for an ambulance at the scene, get yourself to the nearest hospital immediately afterwards, or book a regular appointment with your doctor that same day. However, keep in mind that your ability to judge the scope and severity of your injuries may be flawed. The reason for this, is because your body may be in a state of shock from the collision. Aches, pains, bruises, and other symptoms may not show up right away. It is best to be seen by a doctor without the few hours after the wreck, to be sure there are no life-threatening conditions that need emergency attention.

By reporting the accident to your insurer, gathering evidence, and seeing a doctor, you are working towards creating a strong case for yourself in civil court. If you are interested in seeking compensation from the at-fault driver for what happened, please call a law office to consult with a personal injury lawyer Longwood, FL offer.

Contact David & Philpot, PL for their insight into car accident cases and how victims can recover.

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Medical Malpractice Law FAQ: I suffered brain damage after a medical procedure. Could it be grounds for a medical malpractice case?

A brain injury can be devastating and have lifelong repercussions. It can also impact the lives of close friends and family members. Every year at least 1.7 million Americans are diagnosed with a brain injury. Of these nearly 260,000 require hospitalization and another 50,000 die. Sadly, over half of these injuries are caused because of another person's wrongdoing and negligent actions.

Negligence can include a broad number of actions, or lack of. One of these actions includes medical malpractice. It is possible for a brain injury to be the result of medical malpractice. However, a medical malpractice lawyer should review the case to determine if this is true.

How Medical Malpractice May Cause, or Lead To, a Brain Injury

Medical malpractice that results in a long term or permanent brain injury can be the result of the following (not limited to):

Birth Injuries: It is essential that a child is born through the competent hands of an obstetrician and other medical professionals. These people will have the responsibility to monitor the mother and fetus during pregnancy, order tests, make diagnoses, and implement the right medical techniques in labor and delivery. If poor decisions are made at anytime between the mother's pregnancy and the birth of the child, birth defects, including a brain injury, can be the result.

Failing to Diagnose: A hard blow to the head, a concussion, or another type of head injury can cause damage to the brain. Sports players, high-risk takers, and workers in certain professions (construction) may be more prone to head injuries. If a medical doctor does not diagnose a concussion, including one that is mild, and there is further trauma to the head, the effects could be devastating. In this case, the person could experience long term brain damage or death.

The Wrong Prescription: It takes many years to adequately prescribe medication. The right medication can make a big difference in how someone feels, but so can the wrong one. If a doctor does not review the patient's' medical history or their symptoms, and they prescribe the wrong medication, a brain injury or other harm might be the result.

Surgery Complications: Brain surgery is a serious medical procedure. Even the smallest mistake can cause bleeding in the brain, infection, or life-threatening complications. Sometimes what appears to be a complication is actually a mistake that could have been avoided.

Have You Suffered a Brain Injury and You Believe It was Because of Medical Malpractice?

If so, compensation for your medical care, lost wages, loss of income, pain, suffering, emotional distress, and more may be available. You have a limited time to file a medical malpractice case. To learn about your legal rights, options, and the statute of limitations, please call a medical malpractice attorney Longwood, FL relies on today.

Contact David & Philpot, PL for their insight into medical malpractice and brain damage.

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Medical Malpractice Law for Beginners

The patient doctor relationship is one of the most sacred professional relationships in the world. When that relationship has been broken, the patient is left feeling abused. This is where medical malpractice doctors can come in, as they are able to hold a doctor accountable for their negligence and the resulting effects onto the victim.

A Doctor’s Duty

When a person graduates with their medical doctoral degree, they take an oath to take care of a patient to the best of their ability and treat them in a professional, educated manner. Part of this includes treating a patient as a way to minimize any future injuries. A doctor’s duty to their patients is described below:

Medical knowledge and experience

Every doctor should have adequate knowledge and experience to see and treat patients in their specific field.

Level of care

Every doctor is expected to give each patient the same level of care as another doctor in their field with the same experience would. This means that a cardiologist in California with 20 years experience would give the same treatment as a cardiologist with 20 years of experience living in New York.

Requisite Skills

These can best be described as the skills a doctor learns in medical school to fully treat a patient’s condition, not just a one time visit. Think of this as a doctor fully being able to treat a knee replacement, including pre-op and post-op.

Judgement

A doctor is required to act ethically and use correct medical judgement with every patient they treat.

A Flawed Expectation or Gross Negligence?

If you have been a victim of medical breach of duty, you may qualify for a medical malpractice lawsuit.

It is important to understand the difference between being unhappy with the results of a medical treatment and being a victim of medical malpractice. When any patient trusts a doctor with their care, they understand that there is potential for risk and that the result may not be what they expected. Typically, doctors go through and set expectations for their patients so everyone can be adequately prepared for the outcome.

However, if the doctor did something negligent that directly caused an injury to the patient, this is considered medical malpractice. Consider it this way, if you are not completely happy with the results of your rhinoplasty, that has to do with your expectations and what the doctor is able to do. On the other hand, a surgical error that requires additional reconstructive surgery is an example of medical malpractice.

A Consultation With an Attorney

If any of this sounds familiar to you, do not hesitate to contact a medical malpractice attorney Longwood, FL offers today. They will complete a consultation and will let you know if you have a claim and what the next steps can be. Don’t face the complex and scary road of medical malpractice law alone, experienced attorneys are here to guide the way.

Thank you to our friends and contributors at David & Philpot, P.L. for their insight into medical malpractice claims and how a lawsuit typically works.

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An Intro to Medical Malpractice Law

Every time you enter the safety of a hospital, you expect to have every one of your health concerns taken care of by a qualified professional. Unfortunately, medical malpractice cases have become one of the most egregious offenses in the world of the law. 

If you have experienced medical malpractice, or if you simply want to learn more about your rights as a patient, here are the basics of medical malpractice law to consider.

What does medical malpractice look like?

Medical malpractice can take a variety of forms, but it typically expresses itself as a form of negligent behavior on behalf of the medical staff. For example, if your doctor doesn’t prescribe you the right medication or fails to make the correct diagnosis, you may be able to seek compensation for the damages incurred as a result of their negligence. Here are some negligent acts your doctor may perform that qualify as medical malpractice:

A wrongful death

A misdiagnosis or a failure to make the correct diagnosis

An error in medication prescription

A surgical error

Emergency room errors

Other medical negligence

But it isn’t just your primary care physician that can be sued over medical malpractice. Medical malpractice can take place in hospitals, as well as outpatient clinics, nursing homes, hospice care, pharmacies, and more. If you suspect you’ve been affected by medical malpractice, the first thing you should do is contact an attorney to ascertain you have a case and represent you in court.

What is a medical malpractice lawyer?

A medical malpractice lawyer is a type of attorney who has specialization in medical malpractice law. This law is often complex and detailed; as such, an expert in the field is needed to navigate your case.

Oftentimes, these medical malpractice lawyers will offer you a free consultation. Here, you can present the information you have against your doctor in order to see if you have a case worth pursuing. In the event your medical malpractice lawyer takes on your case, you might be eligible for financial compensation for your injuries or other grievances against the medical professional.

What Do I Need to Know When Choosing the Right Medical Malpractice Attorney?

You want to ensure your lawyers have experience in medical law, but even more importantly, you want to ensure they have a track record for winning cases that are similar to yours. Also, feel free to ask for testimonies, and if your lawyer has any experience dealing with specifics like what you are dealing with.

Experiencing an issue with medical malpractice is scary and stressful. You need to rely on a medical malpractice attorney Longwood, FL offers you can trust when navigating the ins and outs of medical malpractice law. After all, your health deserves the best treatment.

Thank you to our friends and contributors at David & Philpot, P.L. for their insight into medical malpractice and how lawsuits work.

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Common Accidents on the Golf Course

There’s an old saying “a bad day on the golf course is better than any day at work”. Most of the time that is true. What happens, however, when the golf cart you are riding in or driving has a mechanical defect and flips on its side, injuring you and/or your passenger? What if there is a flaw in the design of the course where getting hit from stray golf balls is not unusual? Do you have any recourse for your injuries? An attorney can assist you in obtaining compensation for the injuries you sustained as a result of the golf course’s negligence

If a golf course is not designed properly, one result is that the cart paths may be hard to maneuver or too steep, increasing the risk of an accident. Another result of a poorly designed course may be how the tees are aligned. If hitting a straight shot results in the ball landing in the next fairway, then the risk of injury to those on that fairway is increased as they are not expecting balls to be hit there.

Common Golfing Accident Causes

The average golfer may not notice or be aware of any defects in a course’s design or maintenance deficiencies, but some can cause serious injuries if not addressed by course owners.

Subpar maintenance of the cart paths and fairways. If there is a safety hazard, the course must repair the hazard or install warning signs.

Defective course design. The designers of the course must make sure the cart paths are safe and where the tees and fairways are located do not pose a danger to nearby golfers. Errant shots will happen on every course; however, designers must anticipate where errant or good shots will go on a regular basis in determining the best way to design the course.

Golfer negligence. There are different rules in each state about what golfer is expected to do if they hit an errant shot. In most state, if a golfer hits a ball that could possibly hit someone, they yell ‘fore’. If they do not yell the warning, they may be liable for injuries and damages that occur as a result of their bad shot.

Facilities are unsafe. If the clubhouse or other buildings are not kept in proper condition because of negligence and accidents happen (slip and fall), injuries could occur.

Yardage information is not correct. A golfer relying on the yardage information on the scorecard or on the course markers will select a club based upon this information. If it is incorrect and the golfer hits into another group and injures someone, the course could be liable for any resulting injuries.

Negligence on the part of the driver of the golf cart. The drivers of the golf carts are required to exercise caution to avoid rollovers or crashes

If you or someone you know received an injury as a result of the possible negligence of the golf course owners or designers, contact a personal injury attorney Longwood, FL relies on and they can conduct a thorough investigation to determine who is liable for your injuries.

Thank you to our friends and contributors at David & Philpot, P.L. for their insight into personal injury claims and golf course injuries.