Dentists are there to ensure that you have optimal dental health and receive treatment for any dental problem in a proper and timely manner. But there are instances where dentists make unwarranted mistakes, leading to complications, injuries, and even death. In those instances, dental malpractice claims can be pursued. There are enough dental malpractice claims in America that there are legal professionals who specialize on them, such as Habush Habush & Rottier S.C. ®.
But the legalities involved in medical malpractice can be very complicated. They also take a lot of your time and money. In a way, it is still better to just avoid dental malpractice altogether than risking your health, time, and money, for the possibility of compensations.
Below are the most common dental malpractice cases, because the first step in avoiding dental malpractice is knowing its most common manifestations.
Misdiagnosis or delayed diagnosis
Misdiagnosis happens when a dentist has failed to diagnose a complication. Delayed diagnosis occurs when a dentist has failed to diagnose a complication on time. These circumstances can be devastating because there are complications that need immediate attention.
Improper procedure or utilization of dental tools
If a dentist has made a procedure incorrectly or has compromised the safety of a patient by not following safety procedures, he or she may be liable for dental malpractice. The incorrect usage of dental and surgical equipment can also be considered dental malpractice, especially if it has resulted into injury.
Installation of defective dental products
A dentist that has installed a dental product in a patient has the responsibility to ensure that the product is free from defects and malfunctions. Defective and malfunctioning products may be taken to court because of a dental malpractice claim.
Personal injury to the patient
A patient that has sustained injury because of a dentist may have grounds for a dental malpractice claim. The most vulnerable parts include the teeth, oral cavity, bone, gums, and tissues. The wrongful extraction of a tooth can also be considered a personal injury.
Posted by Maria on Dec 13, 2016 in Boat Injuries | 0 comments
Legally speaking, when a cruise ship passenger catches the norovirus while at sea, he/she is most likely not to get any compensation since there are no laws mandating cruise ships to compensate norovirus patients. It would simply be like getting sick while on a private holiday vacation, with the cost of medical treatment, doctor’s fee and medication, being shouldered by his/her insurance provider.
Norovirus is the most common cause of gastroenteritis or the inflammation of the intestines and stomach, usually due to viral infection or bacterial toxins. It is a very contagious disease which, according to the Centers for Disease Control and Prevention, affects 19 to 21 million individuals in the U.S. every year, causing up to 70,000 hospitalizations and up to 800 deaths.
The virus that causes this illness is found in the stool and vomit of infected people. There is no exact determination how this illness actually starts, though, acquiring the virus that leads to it is obviously very easy, specifically by:
- Touching objects or surfaces that have been contaminated with the norovirus and then having
your fingers or hand touch your mouth;
- Direct contact with an infected person, including sharing food with him or her, or using utensil that he or she used; and,
- Drinking or eating anything that has been contaminated with the virus.
There are people who consider the norovirus illness as a minor health issue, despite the many number of people it can immediately affect and the pain and inconvenience felt by those affected. This is obviously due to the fact that those infected recuperate within three days after the symptoms appear – the usual case involving those who are healthy; however, if those infected have a weak immune system, like young children, residents of nursing home facilities and those with health conditions, then the illness may last for months or even years.
News of possible norovirus illness, especially in cruise ships, should not be taken lightly and those affected should be given competent medical care and assistance so as to hasten their recovery as well as stop the virus from spreading further and infect more passengers. Quarantine of those infected and immediate disinfection of the cruise ship is necessary, otherwise, it may result to prolonged illness, worsening of symptoms, and allergic reactions.
According to San Diego maritime lawsuit attorneys of Ritter & Associates, every year, millions of individuals travel on cruise ships bound toward exotic locations, and many of these depart from the California coastline. The majority of these passengers head out to sea without the slightest thought of an accident and possible injury. Unfortunately, cruise ship accidents happen, and in many cases, they could have been prevented.
The details of a lawsuit depends on the nature of the injury and the circumstances which led to its occurrence. If the injury happened within three miles of the California coast line, California state law applies to the case. On the other hand, if the injury occurred farther than three miles from the coast, the case will fall under maritime law, which is different from laws on accidents that occur on land. It would be to the advantage of an injured passenger if he/she would consult with a skilled maritime lawyer, who may be able to help him/her pursue his/her case.
Posted by Maria on Nov 12, 2016 in Home Repair | 0 comments
If you like taking on DIY home improvement projects, you might want to try your hand at making minor roof repairs instead of hiring a contractor to do it. This way, you can minimize expenses and allocate a slightly larger budget for quality materials. If you are unsure of what materials to get, the following are some of the common items you’ll need for minor roof projects such like fixing a leak.
Roof leaks can be caused by several different factors, among them damaged or missing shingle. In such a case, all you’ll need to do is a quick replacement to solve the problems. Shingles come in a variety of materials and are available at every price point. Asphalt shingles are the most affordable, although they aren’t very durable. Wooden shingles may fair better through time, but they can be susceptible to rotting in more humid climates. Metal shingles can be quite expensive, but they are a good compromise in terms of price and durability.
The flashing connecting chimneys, vents, pipes, and any other structure that’s adjoined to the roof can also be a focus of minor repairs. Metal flashing can be a cause of leaks and other issues due to rusting. Other times, water can seep between the flashing and the roof. You can reinforce flashing by using sealants or caulking, or you can chip out the damaged parts and replace it with a new piece.
Other materials you might need in making minor repairs include roofing felt, roofing nails, as well as an assortment of tools such as hammers, utility knives, shingle saws, brackets, and nail magnets for cleanup after you’re done.
There are many advantages to repairing minor roofing issues yourself. Of course, even with all these materials, there are times when a project is too big to do on your own. In these cases, it will be wise to contact a contractor and have them repair the major issues in your roofing. There are many companies like Best Roofing that offer quality service at affordable prices.
Posted by Maria on Oct 9, 2016 in Water Leaks | 0 comments
Though pools naturally lose water due to evaporation, to water splashing out (during pool use) or to excessive filter backwashing, these occurrences can never be done away with. If lost water necessitates you to add more than two inches of water into your pool every week, though, then it may be likely that it has a leak.
Watertight. This is how pools are meant to be. Sealants, however, eventually deteriorate while other parts of the pool, including the shell, the plumbing system and its fittings or accessories, just wear out. If there is a leak, it is very important to repair it as this will not only save water, chemicals, and heat, but also prevent the washing away of fill dirt and the weakening of a pool’s structural components.
Determining if your pool has a leak or if you are just losing water due to evaporation is not as easy as it seems. While, on average, a pool loses about a quarter of an inch of water every day, rate of water loss can drastically change due to variations in humidity, wind intensity and sunlight. As explained by Fort Worth leak detection specialists at American Leak Detection, one way to determine the cause of water loss in your pool is through the Bucket Test. This test requires the following steps:
1. Bring the pool water to normal level. Fill a 5-gallon bucket with pool water to approximately 2″ from the top.
2. Place the bucket on the first or second step of the pool. Ensure the bucket is immersed in the pool at least five inches.
3. Mark the water level inside the bucket.
4. Shut off the pump and auto fill and mark the pool water level on the outside of the bucket.
5. Resume normal pool pump operation.
6. After 24 hours, compare the two water levels. If the pool water (outside mark) goes down more than the bucket’s water level, there is probably a leak. If levels are the same, only evaporation has occurred. (http://www.americanleakdetection.com/tips-bucket-test.php)
If, through this test, you find out that your pool has a leak, then you need to realize that a leak can be destructive; it can also cost you hundreds of dollars every day. Thus, save your pool and yourself from all the trouble and costs associated with a leaking pool; maybe it is time to call the experts.
Posted by Maria on Jun 1, 2016 in Personal Injury | 0 comments
Death is an inevitable fact of life. But if a person dies all of a sudden and due to the negligence of another person, that is something that is not easily acceptable by the surviving loved ones of the deceased. According to the website of the Cazayoux Ewing Law Firm, the surviving relatives can file a wrongful death claim to make the person responsible for the death of their loved one liable.
A wrongful death claim can be made by a representative of the estate on behalf of the surviving members of the family and other affected parties. Such a claim can be made if the victim, who have made a personal injury claim, died due to the negligence or intentional harmful act of the defendant. There are several situations when wrongful death can take place, which includes:
- The victim died due to an intentional act. A perfect example is the OJ Simpson case. He was sued and accused of intentionally killing Nicole Brown Simpson and Ronald Goldman.
- The victim’s death was due to medical malpractice. If the victim died because of the failure of a doctor to properly diagnose a condition or if they showed carelessness in providing the needed level of care, the family members of the victim can sue the doctor for wrongful death.
- The death of the victim was a result of a car accident caused by a negligent driver. If the victim died from a car accident injury, his heirs can file a wrongful death claim.
Proving Wrongful Death
To be successful with their claim, the death of the plaintiff should meet the same criteria that they would need to satisfy if the victim was alive. First, there has to be duty of care on the part of the defendant. Second, that such duty was breached by the defendant which was the direct and proximate cause of death. Thirdly, that there were damages that the plaintiff is aiming to recover.
Who Can File A Wrongful Death Claim
A wrongful death claim can be filed by a representative of the family on behalf of survivors who had a relationship with the deceased. In all states, a spouse may file a wrongful death claim on behalf of their deceased spouse. Parents can claim damages for the wrongful death of their children, and minors can collect damages for the killing of their parents. In some states, the life partner of the deceased or anyone who can prove financial dependence on the deceased can file a wrongful death claim.
However, it would be much harder for distant relatives to prove that they can claim for wrongful death.
Posted by Maria on Dec 30, 2015 in Personal Injury | 0 comments
In this day and age, people want things done swiftly. This is an age that is growing more and more impatient by the day as there are an increasing number of ways in order to get instant gratification. While some of these processes certainly make things faster, that doesn’t mean that they are better. In fact, there are some institutions that often take advantage of this mindset in order to get the best deal for themselves and withhold just retribution towards the innocent.
Take, for example, the case between the relationship of insurance companies and plaintiffs in personal injury cases. If a plaintiff doesn’t have an attorney during a situation that can constitute as personal injury, they may be advised by representatives from the defendant’s insurance company to accept a payout and to just pretend that the whole thing never happened. This can be tempting as it involves the gratification of getting paid but it also removes the potential complications and hardships that legal process could mean.
According to the website of the Law Office of Charles D. Hankey, insurance companies know that it is statistically more likely for victims to receive higher monetary settlements if they are represented by an attorney than if they proceed with the situation without one.
This is because a victim – or the surviving kin of the victim, such as in circumstances surrounding wrongful death – may not know how to navigate their way around a situation like this. They may accept financial compensation that is not sufficient to meet all of the damage that the injury has done. They may thought of repairs or medical expenses but the cost of the loss of wages as well as the potential emotional trauma that was caused by the injury could not have been taken into consideration.
Posted by Maria on Sep 8, 2015 in Health | 0 comments
Not many people take soft-tissue injuries seriously, but they nonetheless can lead to very serious health complications. There are four types of soft tissue injury: ligaments, nerves, tendons, and muscles. These injuries can be either caused by direct or indirect trauma. Direct trauma involves sports activities and accidents, while indirect trauma comes from tissue overuse due to repetitive movements. According to the website of the Cazayoux Ewing Law Firm, common soft tissue injuries include sprains, strains, carpal tunnel syndrome and repetitive stress injury.
Because many factory workers have reported suffering from carpal tunnel syndrome and repetitive stress injuries, it has been covered by worker’s compensation. Those who suffer from it because of their work can file for benefits from their company to help with the treatment and rehabilitation of their injuries. However, for those whose soft tissue injuries are caused by direct trauma, a personal injury claim can be a legal option for them to win compensation. This is especially important when the injury is serious. Severe soft tissue injuries due to another person’s negligence actions can make them liable for compensation.
The treatment for soft tissue injuries can depend on the severity of the injury, yet it can’t be surmised that they injury needs long-term attention. Sprains and strains are often treated with the RICE protocol, which means Rest, Ice, Compression, and Elevation. This initial protocol treatment is generally very effective in treating acute injury, but moderate or severe injury can require bracing or even surgery to help repair the tears.
There are special equipment and protective gears that people can use in order to prevent soft tissue injuries. Likewise, other preventive measures such as drinking water, having a balanced fitness and lifestyle, warming up and cooling down, and proper stretching can greatly reduce chances of soft tissue injuries and even lessen the pain that they cause. Through the right equipment, conditioning and training, soft tissue injuries can easily be avoided.