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.
October 15, 2012—San Bernardino, CA—CBS News reports that authorities are still searching for a hit-and-run driver who killed a man and injured a teenage girl in San Bernardino on Tuesday.
The accident occurred at the intersection of West Highland Avenue and North California Street in San Bernardino around 9:30 p.m. on October 9, according to the California Highway Patrol. Armulfo Antonio and an unidentified 16-year-old girl were crossing the street when they were hit by a dark sedan that fled the scene. Antonio was pronounced dead at the scene while the girl, who was possibly under the influence of alcohol, was treated at an area hospital.
The driver’s side mirror apparently came off in the accident and police are attempting to match it to the vehicle. Anyone with information about a dark sedan with extensive front-end damage and a missing side mirror is asked to contact the California Highway Patrol.
Would-be informants can also call the tip line sponsored by Bisnar | Chase, the WeTip crime hotline, at 800-6-Hit-N-Run (800-644-8678).
Hit-and-Run Remains a Large Problem
According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2010 there were a total of 147 people killed and 19,009 people injured in hit-and-run accidents. This represents about five percent of all traffic fatalities and about 12 percent of all traffic injuries. Pedestrians were four times more likely to be affected by hit-and-run drivers than any other category of victims, with 83 pedestrians making up more than half of the hit-and-run fatalities for the year.
These statistics show us that hit-and-run is not an isolated or uncommon phenomenon. The drivers who perpetrate these crimes are showing callous disregard for the lives and safety of others, and everyone should make it a priority to hold these drivers accountable, not just the victims of the accidents. Even if you are not the victim of a hit-and-run yourself, the numbers show that you could well be affected in the future, and you are also paying the costs of these accidents through higher insurance premiums whether you are a victim or not.
How Can I Help Stop Hit-and-Run Drivers?
The number one-thing you can do to help stop hit-and-run is to report any accidents that you witness. Take a moment and note the license plate number if possible. If not, get as many details about the car as possible. Immediately write these details down and report them to the police. Cooperate with officers who may want to question you or have you identify a driver at a later time.
If you are the victim of a hit-and-run, seek the professional advice of a California accident injuries attorney.
A driver’s side mirror fell off during the collision and authorities are trying to match it to a specific make and model.
Investigators say the driver did not appear to be speeding at the time of the accident.
Officials are looking for a dark colored sedan with heavy front end damage that is also missing a driver’s side mirror. Anyone with information should call the California Highway Patrol.
Press Enterprise
The accident occurred at the intersection of West Highland Avenue and North California Street in San Bernardino around 9:30 p.m. on October 9, according to the California Highway Patrol. Armulfo Antonio and an unidentified 16-year-old girl were crossing the street when they were hit by a dark sedan that fled the scene. Antonio was pronounced dead at the scene while the girl, who was possibly under the influence of alcohol, was treated at an area hospital.
The driver’s side mirror apparently came off in the accident and police are attempting to match it to the vehicle. Anyone with information about a dark sedan with extensive front-end damage and a missing side mirror is asked to contact the California Highway Patrol.
Would-be informants can also call the tip line sponsored by Bisnar | Chase, the WeTip crime hotline, at 800-6-Hit-N-Run (800-644-8678).
Hit-and-Run Remains a Large Problem
According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2010 there were a total of 147 people killed and 19,009 people injured in hit-and-run accidents. This represents about five percent of all traffic fatalities and about 12 percent of all traffic injuries. Pedestrians were four times more likely to be affected by hit-and-run drivers than any other category of victims, with 83 pedestrians making up more than half of the hit-and-run fatalities for the year.
These statistics show us that hit-and-run is not an isolated or uncommon phenomenon. The drivers who perpetrate these crimes are showing callous disregard for the lives and safety of others, and everyone should make it a priority to hold these drivers accountable, not just the victims of the accidents. Even if you are not the victim of a hit-and-run yourself, the numbers show that you could well be affected in the future, and you are also paying the costs of these accidents through higher insurance premiums whether you are a victim or not.
How Can I Help Stop Hit-and-Run Drivers?
The number one-thing you can do to help stop hit-and-run is to report any accidents that you witness. Take a moment and note the license plate number if possible. If not, get as many details about the car as possible. Immediately write these details down and report them to the police. Cooperate with officers who may want to question you or have you identify a driver at a later time.
If you are the victim of a hit-and-run, seek the professional advice of a California accident injuries attorney.
A driver’s side mirror fell off during the collision and authorities are trying to match it to a specific make and model.
Investigators say the driver did not appear to be speeding at the time of the accident.
Officials are looking for a dark colored sedan with heavy front end damage that is also missing a driver’s side mirror. Anyone with information should call the California Highway Patrol.
Press Enterprise
