Health complications and their associated treatment are, in most cases, the most stressful experience that an individual will face. The worst case scenario therefore would be where standards are not met in such treatment and things, inevitably, go wrong.
The law provides individuals with a route to make a claim against medical professionals where care standards are not met. Such a claim would be brought under the heading of clinical negligence. Claiming for negligence in such a scenario is somewhat complicated as there are a number of legal principles that must be considered.
Legal Principles
Medical professionals owe what is called a ‘duty of care’ to those individuals to whom they provide a service. This means that a minimum standard of care is expected of them and that they must not act negligently. A claim for clinical negligence will arise in circumstances where this duty of care has been breached. Such a breach may occur, for example, where an incorrect medication dosage is administered resulting in injury or death, or where a failed or delayed diagnosis has been given.
While it is easy to see that a duty of care exists between a medical professional and his or her patient, it is more difficult in clinical negligence claims to prove that this duty has been breached. The reason for this is due to the fact that the medical profession is a highly specialised field and, in order for a clinical negligence claim to be successful, you must prove that there were errors in the treatment you received and that those errors caused the injury for which you are seeking compensation.
Further to this, not only must you prove that there were errors in your treatment, you must also prove that these errors were of such a nature that no competent medical professional would have made the same errors in the same set of circumstances. This can be a stumbling block for a lot of claims as it relies on the use of experts in the relevant medical field who have to give evidence that, if faced with the same set of circumstances, they would not have administered the treatment complained of. In other words, to prove that there were errors in your treatment, you must get another similarly qualified expert to give evidence that he or she would not have administered the same treatment.
This difficulty is tempered somewhat by the fact that you only need to prove that it was more probable than not that no competent medical practitioner would have made the errors in your treatment.
You must also consider the fact that you have to prove that the errors materially contributed to your injury. While there have been great advances in the field of medicine and medical treatment, there are still numerous instances where our understanding of certain conditions is lacking. A historical example of this, although not related to a claim in clinical negligence, is the various asbestos-related illness claims brought since the 1930s. It took a while for the medical profession, and thus the courts, to recognise that, on the balance of probabilities, those workers exposed to asbestos and asbestos fibres suffered a greater risk of contracting asbestosis or mesothelioma.
It can be seen, therefore, that this area of law is ever-changing.
Claiming for negligence
If you are claiming for negligence, the first port of call for those considering a claim would be to consult a solicitor. There are specialised clinical negligence solicitors who are experienced at making initial assessments of the strength, or otherwise, of your claim. Clinical negligence solicitors can investigate your claim and, where necessary, obtain the expert evidence required to support your claim. It must be noted that in many cases, if you wish to pursue a claim for clinical negligence, you must do so within a period of three years from the date of the accident or treatment. An clinical negligence solicitor can, however, provide advice in relation to this are there are exceptions to the three year rule.
February 1, 2013—Tracy, California—A construction worker was killed when an 1,800 pound piece of concrete fell on him, pinning him beneath its weight and crushing him, according to KCRA News
. The worker was engaged in cleaning out a concrete truck at the time of the incident.
The 47-year-old victim from Whittier was working on contract for Express Chipping at the time of the tragedy which happened on Linne Road. He was removing concrete buildup inside a truck owned by A&A Concrete supply when he was pinned inside the truck by falling concrete. He was pronounced dead at the scene by rescue workers.
Cal-OSHA is conducting an investigation into the incident.
Construction Accidents Prove Fatal for Many Each Year
Construction is still one of the most dangerous occupations according to information compiled by the Bureau of Labor Statistics. In 2011, 759 people were killed in construction accidents in the United States, or more than two per day. Most construction accidents involve falls, objects falling onto workers, or vehicle-related crashes.
Owners of construction firms and the owners of the sites at which they work both have an obligation to create a safe work environment for employees and visitors to the site. If they fail to do so, they can be subject to government sanctions as well as liability for personal injury.
Who Is Responsible For This Man’s Injuries?
This case may be complicated from a legal perspective because the man was apparently working for one company on another company’s equipment. That means that the liability may stem from negligence on the part of the employer in allowing the man to work in dangerous conditions, from the owner of the truck for creating the dangerous conditions or both.
A personal injury lawyer must examine the facts of the case to make a determination as to who holds liability for the man’s death in this case. Once that is established, the family may be able to file a wrongful death suit against the person or company that is deemed responsible for the worker’s death. Wrongful death suits usually include damages for lost future earnings as well as loss of love and companionship.
What Should I Do If I am Involved in a Construction Accident?
If you are hurt in a construction accident, your first responsibility is to seek medical attention. You must be sure that your health is not in danger before considering any other possibilities. However, once you have ensured that your health is being taken care of, you should consider your rights to file a personal injury suit against the employer, the work site owner, or both.
A personal injury attorney can help you recover damages for your injuries including medical bills, sums for your mental anguish, pain and suffering, and lost wages while you recover. You may also be entitled to other types of compensation so that you can pay for increased living expenses or other costs. Talk to a personal injury attorney today to protect your rights.
The construction industry is an important part of virtually all sectors of America’s economy. From homes to businesses, construction professionals are needed to professionally build and maintain the structures that people dwell within, but if these structures aren’t completed or looked after properly, legal issues can result.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
