Lawsuit against nursing home

Lawsuit against nursing home

It’s becoming common situation to see patients legaly turning against their doctors or hospitals. Sometimes this happens out of grounded reasons, when patient’s rights really have been jeopardized, and sometimes the patients are simply abusing their rights and bring serious conclusions out of the wrong impressions. However, lawsuits claiming medical malpractice are becoming more and more frequent.illinois-nursing-home-neglect-lawsuit

Exceptional Care nursing home is facing one of them these days in the case of Stella Studnicka. Chicago medical malpractice attorney representing Studnicka files a lawsuit against Exceptional Care LLC, accusing them of negligence that caused fatal complications to this patient.

According to the complaint, Stella was the patient suffering several illnesses, such as Parkinson’s disease, bipolar disorder and psychotic disorder. With all these illnesses manifested, she was admitted into Exceptional Care nursing home where she spent several months before she passed away.

Allegedly, the way she was treated by the staff in the nursing home was inappropriate. Medical staff is accused of being irresponsible, sloppy, careless and incompetent. Their negligence and malpractice led to personal injury, legally speaking. Studnicka developed serious complications over time. Probably caused by long – lasting immobility, she developed open wounds on her legs and some of those got infected. Furthermore, she developed pneumonia, chronic obstructive respiratory disease and finally, congestive heart failure.Nurse with elderly patient in wheelchair

Her family tried to transfer her to other healthcare institution, but it was too late. She died in January 2014. Family members filed a lawsuit and they seek financial compensation, plus litigation costs, from Exceptional Care nursing home. The deceased patient and her family are represented by Chicago medical malpractice attorney at the Cook County Circuit Court and the court is expected to determine whether there has been malpractice, omissions and negligence in the case of Stella Studnicka treatment.

Many of the complications Studnicka developed are known to happen as a side effect of the meds she was taking, so as the symptoms of some disorders she suffered from.
It is now up to the court and legal system to determine whether the medical staff of the nursing home is directly responsible or those fatal complications were inevitable.

Read More

Getting your compensation after an accident

Getting your compensation after an accident

People who are suffered some kind of accident, whether is about a car accident or accident at work, have full right to ask for a compensation for the injuries or damages. Many companies try to avoid paying the full amount, so they try paying minimum amount of money for the injuries and in that way the injured person does not get the right compensation. Of course, the majority of companies is not prone to paying more than they are required, hence Car-accident-compensationpaying the minimum amount of money to injured persons is often seen. You must know – if you had a car accident where you are not guilty and you suffered physical or mental injuries – what you can ask for. You can fill a claim by yourself and try to get your compensation but it is recommended to hire a good personal injury lawyer, who will know how to get your compensation. In case that a company tries to avoid full-payment and tries to pull a scam, personal injury lawyer will help you in filling the claims against the party that you hold responsible for you injuries.

Some of the injuries that can get you a compensation for the suffered injuries are: *pain and suffering *emotional distress *pshyical disfigurement *rehabilitation expenses Before anything, you must bear in mind that every situation is unique and there is no “scheduled procedure” and sometimes the injuries are not even obvious – they can emerge long time after the accident took place. That is why is very important to have a good attorney with you, who can assess the situation and the damages.


Injuries in accidents

As every case is separate and unique, there are 2 basic steps you can take in order to be increase your chances for getting the compensation.
auto-injury-insuranceThe first one is documenting the accident. This means that the injured persons must ask for the documents of accident as soon as possible –since it contains all the information you need for supporting your case and claim. Photos of the accident and injuries, police reports, getting witnesses and all related documents are crucial for presenting and defending your case. You want to be 100% ready and equipped with everything you can possibly get to improve your winning chances. After all, you have suffered the injuries and you have the right to get the compensation.

Seeking out medical attention is the second important step in this process. Apart from the fact that you need this as the valid proof for the documentation, this is important because of your well-being at the first place. This is maybe the most legit proof of your injury and it greatly improves your chances for winning the case. Sometimes, an incident can cause severe damages to you, which leads to consistent treatment, at least for some time. Another thing that you must be cautious with is signing – make sure you double check everything you are signing – you don’t want to sign something you don’t like. As we have said, hire a good personal injury lawyer and ask him for the opinion and there will be no problems.

The most important thing is to contact personal injury attorney as soon as possible after the accident. Not that he will provide you with the legal help that you need, he will also review any offer from insurance and he will make sure that companies pay for all you injuries. In case that you are living in Florida and you need personal injury lawyer, palm beach Personal injury attorney can aid you in solving your case.

Read More

Ex-smoker’s bid rejected by judge

Ex-smoker’s bid rejected by judge

“It is very controversial and debatable idea to sue tobacco industries for developing lung cancer. It’s almost like suing car industry for a car accident caused by your driving over the speed limit. You knew damage could happen.”, said Car accident attorney Orange county.

However, this controversial idea is the subject of trial and lawsuit ex-smoker filed against the tobacco industry.

Nikki Poosh is an ex- smoker, diagnosed with lung cancer in January 2003., after decades of smoking cigarettes made and distributed by R.J. shutterstock_28354372-e1455651126774Reynolds Tobacco Co. and Philip Morris USA Inc.

A year later, she decided to sue tobacco companies and demand compensations for developing illness related to hazardous effects of smoking. In 1991. she was diagnosed with a chronic obstructive pulmonary disease, also known to be related to hazardous effects of long-term smoking, but her lawsuit refers only to lung cancer diagnose.

In the middle of the trial, an expert witness, pulmonary oncologic pathologist Dr Chirieac, was planned to testify on behalf of tobacco companies. Nikki Pooshs’s counsel objected and demanded excluding this testimony, claiming that she was not aware or informed about that witness until the night before objection.

Dr Chirieac, pulmonary oncologic pathologist, was expected to give his expert opinion on two of his expert reports issued during the diagnostic procedure of Poosh’s lung cancer. He’s a witness for defendants and the plaintiff’s counsel demanded his exclusion.

California federal judge J. Hamilton reviewed counselor’s objection and rejected the bid. He explained court’s decision saying the objection was filed too late. The judge said that counsel had to be aware of the evidence before the trial began, so claiming opposite could not be argued reasonable now, in the middle of the trial.judge_gavel_3423408a

Since Poosh has discovered earlier about the existence of two separate latent illnesses related to prolong consuming of tobacco products, the statute of limitations was not triggered. This was decided by state’s highest court in 2011.

The suit was later revived and sent back to further trial.

Read More
www.scriptsell.net