Personal Injury

Generally, when we think of medical malpractice with think of doctors making diagnostic, medication, or surgical errors. But we don’t tend to think of mistakes happening in a dentist’s office.
Truth is, we trust dentists with our health just as much as cardiologists, orthopedists, or surgeons. And, sadly, mistakes in dental care can be just as costly. Here is a look at some of the common dental malpractice issues and how victims can use medical malpractice claims to recover for their injuries.

Breach of the Standard of Care
Patients in Oklahoma sued a dentist after it was revealed that the unsanitary conditions at his office possibly exposed his patients to hepatitis and HIV. Dentists owe their patients a standard of care equal to the level of skill, expertise, and care possessed and practiced by dentists in the same or similar community, and under similar circumstances.
It’s obvious that most dentists in Oklahoma, and elsewhere, should keep their offices disease-free, and this particular dentist probably failed to meet his duty of care. With the amount of patients they see and the type of care being provided, dentists take extra precautions to keep offices clean and equipment sterile.
Unwarranted Treatment
There have also been cases of patients wearing braces for over a decade, when the average time to wear them is one to three years. Meanwhile, dentists are being paid fees for maintaining and adjusting the braces.
Dentists are required to get informed consent from their patients regarding treatment options, otherwise any treatment is unauthorized. It’s likely that if the patients had known that extra years of braces were unnecessary, they would not have agreed to wear them.
Surgical Errors
We can forget that dental surgery is still surgery, and the same issues of anesthesia and surgical care come into play. And deaths during what seem to be routine dental surgeries are not uncommon. Any surgery carries risk. But our dentists should be properly trained and certified to handle any exigency without exposing patients to additional harm.If you think you have been injured by the poor care you received from a dentist, you should talk to a medical malpractice attorney to find out more about your rights and options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
NYC Dentist Punished Patients for Yelp Reviews? (FindLaw’s Injured)
Medical Malpractice Decision in Deen v. Egleston (FindLaw’s Eleventh Circuit)
Proving Fault in Medical Malpractice Cases (FindLaw)

Source: Legal Law Firm

Generally, when we think of medical malpractice with think of doctors making diagnostic, medication, or surgical errors. But we don’t tend to think of mistakes happening in a dentist’s office.
Truth is, we trust dentists with our health just as much as cardiologists, orthopedists, or surgeons. And, sadly, mistakes in dental care can be just as costly. Here is a look at some of the common dental malpractice issues and how victims can use medical malpractice claims to recover for their injuries.

Breach of the Standard of Care
Patients in Oklahoma sued a dentist after it was revealed that the unsanitary conditions at his office possibly exposed his patients to hepatitis and HIV. Dentists owe their patients a standard of care equal to the level of skill, expertise, and care possessed and practiced by dentists in the same or similar community, and under similar circumstances.
It’s obvious that most dentists in Oklahoma, and elsewhere, should keep their offices disease-free, and this particular dentist probably failed to meet his duty of care. With the amount of patients they see and the type of care being provided, dentists take extra precautions to keep offices clean and equipment sterile.
Unwarranted Treatment
There have also been cases of patients wearing braces for over a decade, when the average time to wear them is one to three years. Meanwhile, dentists are being paid fees for maintaining and adjusting the braces.
Dentists are required to get informed consent from their patients regarding treatment options, otherwise any treatment is unauthorized. It’s likely that if the patients had known that extra years of braces were unnecessary, they would not have agreed to wear them.
Surgical Errors
We can forget that dental surgery is still surgery, and the same issues of anesthesia and surgical care come into play. And deaths during what seem to be routine dental surgeries are not uncommon. Any surgery carries risk. But our dentists should be properly trained and certified to handle any exigency without exposing patients to additional harm.If you think you have been injured by the poor care you received from a dentist, you should talk to a medical malpractice attorney to find out more about your rights and options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
NYC Dentist Punished Patients for Yelp Reviews? (FindLaw’s Injured)
Medical Malpractice Decision in Deen v. Egleston (FindLaw’s Eleventh Circuit)
Proving Fault in Medical Malpractice Cases (FindLaw)

Source: Legal Law Firm

According to the Insurance Research Council, one in seven drivers in the United States is uninsured.
Usually, in a car accident, the party at fault’s insurance covers the damages. But, with nearly 14 percent of drivers uninsured, what do you do when you’re unlucky enough to run into one of them? What do you do if you’ve been hit by an uninsured driver?

1. Get as Much Information as You Can
Even if the other driver is uninsured, you want to get as much information as possible. Get his name, contact info, driver’s license number, and license plate number. Then, take out that handy-dandy cell phone, and take pictures of all the damage to your car, the other car, and the license plate on the car that hit you. Maybe you even want one of your new friend, the guy who hit you. But if he declines, don’t push it.
2. Call The Police
If the other driver is being uncooperative, call the police. Even if he’s being cooperative, calling the police may be a good idea, especially if the damage is more than a fender bender. The police will document the incident, and the report will help your insurance claim later on.
Besides, most states have law requiring all drivers to have car insurance. That uninsured driver is breaking the law and it is probably best to get the police involved.
3. Call Your Insurance Company
Call your insurance company as soon as possible. Check your policy to see if you have uninsured or underinsured motorist coverage. If you don’t have it, you should definitely look into getting it.
Uninsured motorist insurance compensates you for injuries and damages when the other side has no insurance at all. Underinsured motorist insurance covers the difference when the other side’s insurance isn’t enough to cover your damages. For example, your underinsured motorist insurance covers $100,000. The other guy’s insurance covers $50,000 in damage. Your damages equaled $75,000. You would get $50,000 from the other driver’s insurance, and $25,000 from yours.
Don’t wait to contact your insurance company. Some policies may have a time limit on when you can make a claim.
4. Other Insurance
If you don’t have uninsured motorist insurance, you may still have coverage for your damages. Your collision and personal injury protection coverage may cover the damages to your car and medical bills. Your health insurance may also be used to cover the cost of medical treatment.
If you have been hit by an uninsured motorist, an experienced personal injury attorney can help you assess your options and pursue a claim with your insurance and against the other driver.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Nick Adenhart Crash Raises Question: What Should You Do After a Car Accident? (FindLaw’s Injured)
Take Notes about Car Accident Injuries (FindLaw’s Learn About The Law)
Insurance Claims After an Accident: The Basics (FindLaw’s Learn About The Law)

Source: Legal Law Firm

According to the Insurance Research Council, one in seven drivers in the United States is uninsured.
Usually, in a car accident, the party at fault’s insurance covers the damages. But, with nearly 14 percent of drivers uninsured, what do you do when you’re unlucky enough to run into one of them? What do you do if you’ve been hit by an uninsured driver?

1. Get as Much Information as You Can
Even if the other driver is uninsured, you want to get as much information as possible. Get his name, contact info, driver’s license number, and license plate number. Then, take out that handy-dandy cell phone, and take pictures of all the damage to your car, the other car, and the license plate on the car that hit you. Maybe you even want one of your new friend, the guy who hit you. But if he declines, don’t push it.
2. Call The Police
If the other driver is being uncooperative, call the police. Even if he’s being cooperative, calling the police may be a good idea, especially if the damage is more than a fender bender. The police will document the incident, and the report will help your insurance claim later on.
Besides, most states have law requiring all drivers to have car insurance. That uninsured driver is breaking the law and it is probably best to get the police involved.
3. Call Your Insurance Company
Call your insurance company as soon as possible. Check your policy to see if you have uninsured or underinsured motorist coverage. If you don’t have it, you should definitely look into getting it.
Uninsured motorist insurance compensates you for injuries and damages when the other side has no insurance at all. Underinsured motorist insurance covers the difference when the other side’s insurance isn’t enough to cover your damages. For example, your underinsured motorist insurance covers $100,000. The other guy’s insurance covers $50,000 in damage. Your damages equaled $75,000. You would get $50,000 from the other driver’s insurance, and $25,000 from yours.
Don’t wait to contact your insurance company. Some policies may have a time limit on when you can make a claim.
4. Other Insurance
If you don’t have uninsured motorist insurance, you may still have coverage for your damages. Your collision and personal injury protection coverage may cover the damages to your car and medical bills. Your health insurance may also be used to cover the cost of medical treatment.
If you have been hit by an uninsured motorist, an experienced personal injury attorney can help you assess your options and pursue a claim with your insurance and against the other driver.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Nick Adenhart Crash Raises Question: What Should You Do After a Car Accident? (FindLaw’s Injured)
Take Notes about Car Accident Injuries (FindLaw’s Learn About The Law)
Insurance Claims After an Accident: The Basics (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Injury lawsuits can be complicated, especially those involving a large number of people. Class action lawsuits can allow a group of people to collectively file a single injury claim, and they can have different rules for how and when they can be filed.
One of these differences has to do with the statute of limitations, which limits the time you have to bring a case. So how do these rules differ? And if the statute of limitations has run out on your case, can you still join a class action lawsuit?

For Whom the Statute Tolls
Normally, the statute of limitations runs from the date of your injury or the time you discover the harm. You can think of it as a clock that starts ticking down, and when it expires you may lose your chance to sue. However, there are circumstances that “toll” the statute of limitations, or pause the clock.
The filing of a class action lawsuit is one of the ways the statute can toll. The Supreme Court has held that “commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties.” This means that starting the class action suit can pause the countdown for anyone affected by the claim. This can be true even for people who haven’t joined the class action at the time when it’s filed, so long as they join in a timely manner.
Opting In or Opting Out: On the Clock
For example, let’s say that you are injured in a car accident. The normal statute of limitations to bring a claim against the car company in state court may be two years. If somewhere in that time a class action is filed in federal court, perhaps suing the manufacturer for defective parts, the clock on your two-year limit would pause.
So even if it’s been over two years since the accident, it may still be possible to join the class action lawsuit, so long as you do it promptly.
The decision on whether to join in or opt out of a class action lawsuit can be complicated and may depend on the particulars of your case. You may want to consult with an experienced consumer injury attorney to determine what’s best for you and to make sure you’re complying with the statute of limitations.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
When Is It Too Late to Sue a Government Agency? (FindLaw’s Injured)
Received a Class Action Lawsuit Notice? What Do You Do Next? (FindLaw’s Injured)

Source: Legal Law Firm

Injury lawsuits can be complicated, especially those involving a large number of people. Class action lawsuits can allow a group of people to collectively file a single injury claim, and they can have different rules for how and when they can be filed.
One of these differences has to do with the statute of limitations, which limits the time you have to bring a case. So how do these rules differ? And if the statute of limitations has run out on your case, can you still join a class action lawsuit?

For Whom the Statute Tolls
Normally, the statute of limitations runs from the date of your injury or the time you discover the harm. You can think of it as a clock that starts ticking down, and when it expires you may lose your chance to sue. However, there are circumstances that “toll” the statute of limitations, or pause the clock.
The filing of a class action lawsuit is one of the ways the statute can toll. The Supreme Court has held that “commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties.” This means that starting the class action suit can pause the countdown for anyone affected by the claim. This can be true even for people who haven’t joined the class action at the time when it’s filed, so long as they join in a timely manner.
Opting In or Opting Out: On the Clock
For example, let’s say that you are injured in a car accident. The normal statute of limitations to bring a claim against the car company in state court may be two years. If somewhere in that time a class action is filed in federal court, perhaps suing the manufacturer for defective parts, the clock on your two-year limit would pause.
So even if it’s been over two years since the accident, it may still be possible to join the class action lawsuit, so long as you do it promptly.
The decision on whether to join in or opt out of a class action lawsuit can be complicated and may depend on the particulars of your case. You may want to consult with an experienced consumer injury attorney to determine what’s best for you and to make sure you’re complying with the statute of limitations.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
When Is It Too Late to Sue a Government Agency? (FindLaw’s Injured)
Received a Class Action Lawsuit Notice? What Do You Do Next? (FindLaw’s Injured)

Source: Legal Law Firm

Are you afraid to make a workers’ comp claim? Afraid your employer will fire you? Afraid another employer won’t hire you because of your workers’ comp claim?
Don’t be. Your have rights and are usually protected by the law.

Prohibited By State Law
Workers’ compensation law varies from state to state. Most states have laws prohibiting firing or demoting an employee in retaliation for a workers’ comp claim. Some even specifically forbid refusing to hire a prospective employee because a workers’ comp claim.
For example, Alaska law states, “An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits [for workers’ compensation].” In Illinois, it is illegal for an employer to ask a prospective employee about any prior workers’ comp claims. Vermont, Oregon, and Louisiana also have similar provisions.
Civil Claim for Wrongful Termination
Indiana, Iowa, and Kansas don’t have laws proscribing retaliation for making a workers’ comp claim. However, the courts in those states do recognize a wrongful termination claim. Usually, you have the burden of proving that the workers’ comp claim was the main factor for termination.
No Protection
Georgia, Mississippi, and Rhode Island are among the minority of states that offer no protection against retaliation for a workers’ comp claim. Mississippi’s Supreme Court refused to recognize an exception to the policy of at-will employment, which allows employees and employers to terminate employment for any reason or no reason at all.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act also offers some protection. The act forbids discrimination in all aspects of employment, including hiring, firing, pay, promotion, and even training. It is illegal for employers to discriminate against employees and applicants because they have a current disability or had a past disability.
The ADA only applies to employers who have 15 or more employees.
If you believe that an employer has discriminated against you because of a prior workers’ compensation claim, an experienced workers’ comp attorney will be able to help you assess and file your claim.
Related Resources:

Think you have a worker’s comp claim? Have your claim reviewed for free. (Consumer Injury)
If I’m in Rehab, Must an Employer Hold My Job? (FindLaw’s Law and Daily Life)
10 Things You Can’t Be Asked at a Job Interview (FindLaw’s Law and Daily Life)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Are you afraid to make a workers’ comp claim? Afraid your employer will fire you? Afraid another employer won’t hire you because of your workers’ comp claim?
Don’t be. Your have rights and are usually protected by the law.

Prohibited By State Law
Workers’ compensation law varies from state to state. Most states have laws prohibiting firing or demoting an employee in retaliation for a workers’ comp claim. Some even specifically forbid refusing to hire a prospective employee because a workers’ comp claim.
For example, Alaska law states, “An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits [for workers’ compensation].” In Illinois, it is illegal for an employer to ask a prospective employee about any prior workers’ comp claims. Vermont, Oregon, and Louisiana also have similar provisions.
Civil Claim for Wrongful Termination
Indiana, Iowa, and Kansas don’t have laws proscribing retaliation for making a workers’ comp claim. However, the courts in those states do recognize a wrongful termination claim. Usually, you have the burden of proving that the workers’ comp claim was the main factor for termination.
No Protection
Georgia, Mississippi, and Rhode Island are among the minority of states that offer no protection against retaliation for a workers’ comp claim. Mississippi’s Supreme Court refused to recognize an exception to the policy of at-will employment, which allows employees and employers to terminate employment for any reason or no reason at all.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act also offers some protection. The act forbids discrimination in all aspects of employment, including hiring, firing, pay, promotion, and even training. It is illegal for employers to discriminate against employees and applicants because they have a current disability or had a past disability.
The ADA only applies to employers who have 15 or more employees.
If you believe that an employer has discriminated against you because of a prior workers’ compensation claim, an experienced workers’ comp attorney will be able to help you assess and file your claim.
Related Resources:

Think you have a worker’s comp claim? Have your claim reviewed for free. (Consumer Injury)
If I’m in Rehab, Must an Employer Hold My Job? (FindLaw’s Law and Daily Life)
10 Things You Can’t Be Asked at a Job Interview (FindLaw’s Law and Daily Life)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Let’s say you slip and fall in a county courthouse. Or you’re riding a city bus when it crashes. If you’re injured, you may have an injury claim against the government.
And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you’re wondering whether it’s too late to sue the government for an injury.

Necessary Notice
The biggest difference between normal injury claims and those against the government is a notice requirement. This means that before you can file your injury claim in court, you first need to file a notice of claim with the government entity you plan to sue. If you are involved in any accident in which a government agency or employee is also involved, one of your first steps should be to file a notice of claim.
The notice of claim is designed to make the government aware that you suffered an injury and give them an opportunity to respond to your allegations before you file a lawsuit. The government will either accept or deny your claim, and if your claim is denied (as most are), you may then file a lawsuit and attempt to hold the government responsible for your injuries.
Tick Tock
Most states have a “Tort Claims Act” that sets out the parameters for filing a notice of claim and the time you have to file it. The limits can vary, from 60 days to six months, so you’ll want to check your local statutes.
The Federal Tort Claims Act (FTCA), which governs injury lawsuits against federal entities and employees, is a bit more lenient. The FTCA gives parties two years in which to file an administrative claim with the government.
No matter what the time limit is, if you don’t file your notice of claim or administrative claim before the clock runs out, your suit could be barred entirely. You should file you notice as soon as possible, and you may want to consult with an attorney before you do.
Related Resources

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
5 Tips for Accidents Involving State, City Vehicles (FindLaw’s Injured)
Vet Can Sue Government for Battery After Botched Surgery (FindLaw’s Supreme Court)
Paralyzed Teen’s $3.5M Settlement: Why Won’t Fla. Pay? (FindLaw’s Injured)

Source: Legal Law Firm

Let’s say you slip and fall in a county courthouse. Or you’re riding a city bus when it crashes. If you’re injured, you may have an injury claim against the government.
And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you’re wondering whether it’s too late to sue the government for an injury.

Necessary Notice
The biggest difference between normal injury claims and those against the government is a notice requirement. This means that before you can file your injury claim in court, you first need to file a notice of claim with the government entity you plan to sue. If you are involved in any accident in which a government agency or employee is also involved, one of your first steps should be to file a notice of claim.
The notice of claim is designed to make the government aware that you suffered an injury and give them an opportunity to respond to your allegations before you file a lawsuit. The government will either accept or deny your claim, and if your claim is denied (as most are), you may then file a lawsuit and attempt to hold the government responsible for your injuries.
Tick Tock
Most states have a “Tort Claims Act” that sets out the parameters for filing a notice of claim and the time you have to file it. The limits can vary, from 60 days to six months, so you’ll want to check your local statutes.
The Federal Tort Claims Act (FTCA), which governs injury lawsuits against federal entities and employees, is a bit more lenient. The FTCA gives parties two years in which to file an administrative claim with the government.
No matter what the time limit is, if you don’t file your notice of claim or administrative claim before the clock runs out, your suit could be barred entirely. You should file you notice as soon as possible, and you may want to consult with an attorney before you do.
Related Resources

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
5 Tips for Accidents Involving State, City Vehicles (FindLaw’s Injured)
Vet Can Sue Government for Battery After Botched Surgery (FindLaw’s Supreme Court)
Paralyzed Teen’s $3.5M Settlement: Why Won’t Fla. Pay? (FindLaw’s Injured)

Source: Legal Law Firm

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!
More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.
If you are one of the poor souls who got sick on a cruise ship, can you sue?
Norovirus
Norovirus is a highly contagious virus that spreads through contaminated food, water, and dirty surfaces. Like the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea, and vomiting. Most people won’t require treatment, but some may become dehydrated and need liquids or intravenous fluids.
Cruise Ship Liability
While cruise passengers do have a bill of rights, it’s the terms of ticket contract or cruising agreement that governs passengers’ ability to sue.
Under the contract, passengers generally waive their right to sue unless the cruise company acted negligently.
Negligence
To show negligence, you must show that the cruise company had a duty to you and breached that duty which then caused you harm.
Duty
Proving duty is easy. In Kermarec v. Compagnie Generale, the Supreme Court ruled that cruise companies had a duty to reasonably care for passengers, also known as the Kermarec rule.
Breach
Proving breach of duty is harder. You have to show that the cruise company acted below a reasonable standard of care. Did the company take adequate steps to clean rooms, facilities, and restrooms? Did the company improperly handle or store food and water? Did it make a reasonable effort to quarantine sick passengers to stop the spread of disease?
Causation
Finally, you have to show that the cruise company’s breach of duty caused your injury. The cruise company could argue that you already had the virus when you came on board the ship. Or, it could claim that you contracted the virus while on shore in Mexico. Causation is often easier to prove when you’re not the only one infected. It’ll probably be hard for Celebrity and Royal Caribbean to argue that the 200 passengers didn’t get infected on their ships.
If you’ve been infected with norovirus while on a cruise, an experienced litigation attorney will be able to help you consider your options for suing.
Related Resources:

Browse Litigation & Appeals Lawyers by Location (FindLaw’s Lawyer Directory)
Outbreaks on 2 Cruise Ships Sicken More Than 200 Passengers (ABC News)
NY Six Flags Sued Over Norovirus Outbreak (FindLaw’s Injured)
Types of Food Poisoning: Norovirus (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!
More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.
If you are one of the poor souls who got sick on a cruise ship, can you sue?
Norovirus
Norovirus is a highly contagious virus that spreads through contaminated food, water, and dirty surfaces. Like the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea, and vomiting. Most people won’t require treatment, but some may become dehydrated and need liquids or intravenous fluids.
Cruise Ship Liability
While cruise passengers do have a bill of rights, it’s the terms of ticket contract or cruising agreement that governs passengers’ ability to sue.
Under the contract, passengers generally waive their right to sue unless the cruise company acted negligently.
Negligence
To show negligence, you must show that the cruise company had a duty to you and breached that duty which then caused you harm.
Duty
Proving duty is easy. In Kermarec v. Compagnie Generale, the Supreme Court ruled that cruise companies had a duty to reasonably care for passengers, also known as the Kermarec rule.
Breach
Proving breach of duty is harder. You have to show that the cruise company acted below a reasonable standard of care. Did the company take adequate steps to clean rooms, facilities, and restrooms? Did the company improperly handle or store food and water? Did it make a reasonable effort to quarantine sick passengers to stop the spread of disease?
Causation
Finally, you have to show that the cruise company’s breach of duty caused your injury. The cruise company could argue that you already had the virus when you came on board the ship. Or, it could claim that you contracted the virus while on shore in Mexico. Causation is often easier to prove when you’re not the only one infected. It’ll probably be hard for Celebrity and Royal Caribbean to argue that the 200 passengers didn’t get infected on their ships.
If you’ve been infected with norovirus while on a cruise, an experienced litigation attorney will be able to help you consider your options for suing.
Related Resources:

Browse Litigation & Appeals Lawyers by Location (FindLaw’s Lawyer Directory)
Outbreaks on 2 Cruise Ships Sicken More Than 200 Passengers (ABC News)
NY Six Flags Sued Over Norovirus Outbreak (FindLaw’s Injured)
Types of Food Poisoning: Norovirus (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Maybe you don’t like needles. Maybe you don’t want to spend the last months of your life undergoing chemotherapy.
It’s your body, but do you have the right to refuse medical treatment?

Right to Choose, Right to Refuse?
You have a right to informed consent. Essentially, doctors must tell you all the potential benefits, risks, and alternative methods of any medical procedure and get your consent before proceeding.
Entwined with the right to informed consent is the right to refuse. For most non-life threatening treatments you have a right to refuse medical treatment.
Most states have statutes that codify your right to consent and refuse. For example, in California, Health & Safety Code section 1262.6(a)(3) states, “Each hospital shall provide each patient … written information regarding the right’s to … participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment.”
Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
Government Intervention
However, this right is not always absolute. There are exceptions for when you are not in a condition to consent or refuse.
During medical emergencies when you are not conscious to consent, doctors are allowed to provide life saving treatment without your consent.
In some cases, courts have found that a person’s right to refuse must be balanced with the state’s interest in preserving life. In the case of Cruzan v. Harmon, the court wrote, “Neither the right to refuse treatment nor the right to privacy are absolute; each must be balanced against the state’s interests to the contrary.”
Children
While the state’s interference in personal medical choices is rare, it happens most often in the case of children.
Children are, generally, deemed incompetent to make their own medical decisions. Parents usually have the right to make medical decisions for their children. However, when refusing medical treatment means the death of a child, the state’s interest in preserving life usually overrides the parents’ rights.
In the case of Daniel Hauser, a 13-year-old boy, the court overruled his parents’ decision to take him off of chemotherapy treatment for Hodgkin’s lymphoma. In another case, the Connecticut Supreme Court ordered a 17-year-old girl to undergo chemotherapy treatment against her choice.Living Wills and Durable Powers of AttorneyIn case you are ever incapacitated and unable to make a choice, you can ensure that your wishes will be followed by making a living will and a durable power of attorney.
A living will sets out how you want to be cared for in case of emergency. You can specify which treatments you do want and which you don’t want.
A durable power of attorney gives another person the power to make medical decisions for you when you are unable to. A durable power of attorney is used to fill gaps in your living will.
If you have a living will and a durable power of attorney, the government usually can’t step in and overrule your wishes.
If you think your right to refuse medical treatment is being violated, an experienced civil rights attorney may be able to help.
Related Resources:

Browse Civil Rights Lawyers by Location (FindLaw’s Lawyer Directory)
Role of Parent, State, and Child in Health Care Decision-Making for Minors (FindLaw’s Law and Daily Life)
Parents Liable for Not Vaccinating Children? (FindLaw’s Injured)
Ninth Circuit Rules Against Parents in Infant Spinal Tap Appeal (FindLaw’s U.S. Ninth Circuit)

Source: Legal Law Firm

Maybe you don’t like needles. Maybe you don’t want to spend the last months of your life undergoing chemotherapy.
It’s your body, but do you have the right to refuse medical treatment?

Right to Choose, Right to Refuse?
You have a right to informed consent. Essentially, doctors must tell you all the potential benefits, risks, and alternative methods of any medical procedure and get your consent before proceeding.
Entwined with the right to informed consent is the right to refuse. For most non-life threatening treatments you have a right to refuse medical treatment.
Most states have statutes that codify your right to consent and refuse. For example, in California, Health & Safety Code section 1262.6(a)(3) states, “Each hospital shall provide each patient … written information regarding the right’s to … participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment.”
Under federal law, the Patient Self-Determination Act (PSDA) guarantees the right to refuse life sustaining treatment at the end of life.
Government Intervention
However, this right is not always absolute. There are exceptions for when you are not in a condition to consent or refuse.
During medical emergencies when you are not conscious to consent, doctors are allowed to provide life saving treatment without your consent.
In some cases, courts have found that a person’s right to refuse must be balanced with the state’s interest in preserving life. In the case of Cruzan v. Harmon, the court wrote, “Neither the right to refuse treatment nor the right to privacy are absolute; each must be balanced against the state’s interests to the contrary.”
Children
While the state’s interference in personal medical choices is rare, it happens most often in the case of children.
Children are, generally, deemed incompetent to make their own medical decisions. Parents usually have the right to make medical decisions for their children. However, when refusing medical treatment means the death of a child, the state’s interest in preserving life usually overrides the parents’ rights.
In the case of Daniel Hauser, a 13-year-old boy, the court overruled his parents’ decision to take him off of chemotherapy treatment for Hodgkin’s lymphoma. In another case, the Connecticut Supreme Court ordered a 17-year-old girl to undergo chemotherapy treatment against her choice.Living Wills and Durable Powers of AttorneyIn case you are ever incapacitated and unable to make a choice, you can ensure that your wishes will be followed by making a living will and a durable power of attorney.
A living will sets out how you want to be cared for in case of emergency. You can specify which treatments you do want and which you don’t want.
A durable power of attorney gives another person the power to make medical decisions for you when you are unable to. A durable power of attorney is used to fill gaps in your living will.
If you have a living will and a durable power of attorney, the government usually can’t step in and overrule your wishes.
If you think your right to refuse medical treatment is being violated, an experienced civil rights attorney may be able to help.
Related Resources:

Browse Civil Rights Lawyers by Location (FindLaw’s Lawyer Directory)
Role of Parent, State, and Child in Health Care Decision-Making for Minors (FindLaw’s Law and Daily Life)
Parents Liable for Not Vaccinating Children? (FindLaw’s Injured)
Ninth Circuit Rules Against Parents in Infant Spinal Tap Appeal (FindLaw’s U.S. Ninth Circuit)

Source: Legal Law Firm

Your job may be full of hazards, such as heavy boxes and dangerous machinery. However, did you ever expect the hazard to come from that tasty hamburger you had at the company cafeteria?
Food poisoning doesn’t just hurt your stomach. It can hurt your wallet when you have to miss work and pay to see the doctor.
So, if you get food poisoning at work, can you get workers’ compensation?
Food Poisoning Work Related?
To get workers’ comp, an injury must be work related, caused during the course of employment. If you can show that the food poisoning was work related, then yes, you can get workers’ compensation
However, it’s extremely hard to prove. It is easy to show that your back sprain was a result of your duties restocking shelves. Showing that the food poisoning was caused by your work is a whole other matter. Your food poisoning may be work related if:

The employer supplied the food. – If you got food poisoning from leftovers you brought from home, then you don’t qualify for workers’ comp. However, if the employer provided you the food as part of your wages, then any injuries from eating that food is job related.
The employer sold food in a cafeteria strictly for employees. – If your employer has a cafeteria area open to the public where local caterers or food trucks come to sell food, any injury from eating that food is not work related. However, if the caterers were hired to sell food in a cafeteria strictly for employees, then any food poisoning resulting from eating in the cafeteria could be considered work related.
The employer received a benefit from you eating the food. – If you’re a food critic, and it’s your job to taste food, then the food poisoning would clearly be caused by your work duties. You would be eligible for workers’ compensation.
How to Apply?
If you believe that you have a work related injury, you should immediately see a doctor, get your injury diagnosed, and get treated. Documentation from your doctor will help you prove your claim for workers’ comp later on.
As soon as you’ve suffered the injury, don’t forget to notify your employer of the injury. Some states only allow you a short time to notify your employer before you lose your right to make a claim.
Once you’ve notified your employer, you should receive forms to fill out to make a claim for workers’ compensation. In some states, you have as little as one year after an injury to file a claim.
If you’ve suffered work related food poisoning, and need help making a claim, an experienced workers’ compensation attorney will be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Worker’s Comp for an Injury During Your Commute? (FindLaw’s Injured)
Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Your job may be full of hazards, such as heavy boxes and dangerous machinery. However, did you ever expect the hazard to come from that tasty hamburger you had at the company cafeteria?
Food poisoning doesn’t just hurt your stomach. It can hurt your wallet when you have to miss work and pay to see the doctor.
So, if you get food poisoning at work, can you get workers’ compensation?
Food Poisoning Work Related?
To get workers’ comp, an injury must be work related, caused during the course of employment. If you can show that the food poisoning was work related, then yes, you can get workers’ compensation
However, it’s extremely hard to prove. It is easy to show that your back sprain was a result of your duties restocking shelves. Showing that the food poisoning was caused by your work is a whole other matter. Your food poisoning may be work related if:

The employer supplied the food. – If you got food poisoning from leftovers you brought from home, then you don’t qualify for workers’ comp. However, if the employer provided you the food as part of your wages, then any injuries from eating that food is job related.
The employer sold food in a cafeteria strictly for employees. – If your employer has a cafeteria area open to the public where local caterers or food trucks come to sell food, any injury from eating that food is not work related. However, if the caterers were hired to sell food in a cafeteria strictly for employees, then any food poisoning resulting from eating in the cafeteria could be considered work related.
The employer received a benefit from you eating the food. – If you’re a food critic, and it’s your job to taste food, then the food poisoning would clearly be caused by your work duties. You would be eligible for workers’ compensation.
How to Apply?
If you believe that you have a work related injury, you should immediately see a doctor, get your injury diagnosed, and get treated. Documentation from your doctor will help you prove your claim for workers’ comp later on.
As soon as you’ve suffered the injury, don’t forget to notify your employer of the injury. Some states only allow you a short time to notify your employer before you lose your right to make a claim.
Once you’ve notified your employer, you should receive forms to fill out to make a claim for workers’ compensation. In some states, you have as little as one year after an injury to file a claim.
If you’ve suffered work related food poisoning, and need help making a claim, an experienced workers’ compensation attorney will be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Worker’s Comp for an Injury During Your Commute? (FindLaw’s Injured)
Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.
But what happens to your medical records after you die? What if you need access to a deceased loved one or family member’s medical records? Here’s how death affects medical privacy under HIPAA and the physician-patient privilege.

What’s Up, Doc?
Often, our doctors know more about us than our family and friends. And what they know might be important after we die, especially if there’s a question of a wrongful death claim. During our lifetime, a physician is not allowed to divulge any information gleaned from our medical care without permission or waiver of the privilege. But after death, it becomes a little more complicated.
Some states allow the deceased person’s spouse, next of kin, or personal or legal representative to waive the privilege and have access to medical records, while others confine access to doctors and hospitals. Litigation could also have an effect on the privilege: While notice of an impending lawsuit on their behalf could expedite the release of a deceased person’s records, it cuts both ways. Often, a patient’s privilege regarding medical treatment related to negligence or personal injury is waived if she, or in this case a representative, files an action based on that care.
Hungry Hungry HIPAA
After a person passes away, HIPAA’s protection on medical records is enforced for the next 50 years. During that time, only the decedent’s legally recognized representative has the power to authorize access to or disclose the person’s medical information.
A representative could be the executor or administrator of an estate, or a person designated in a living will. Some non-representatives, such as family members or other individuals involved in a decedent’s health care, may have limited access to medical records through health plans or health care providers.
HIPAA does not apply to any medical records 50 years after a person’s death.
If you want to determine who has access to your medical files after you die, or if you’re having trouble accessing a deceased family member or loved one’s medical records, you may want to consult with an experienced estate planning attorney.
Related Resources:

Browse Estate Planning Lawyers by Location (FindLaw Directory)
Who Must Comply With HIPAA Regulations? (FindLaw’s Law and Daily Life)
Legal How-To: Getting Medical Records for Your Case (FindLaw’s Injured)
What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life)

Source: Legal Law Firm

There are two major legal protections of our medical privacy: the physician-patient privilege and the Health Insurance Portability and Accountability Act (HIPAA). Both preclude doctors from disclosing your medical records to third parties without your consent.
But what happens to your medical records after you die? What if you need access to a deceased loved one or family member’s medical records? Here’s how death affects medical privacy under HIPAA and the physician-patient privilege.

What’s Up, Doc?
Often, our doctors know more about us than our family and friends. And what they know might be important after we die, especially if there’s a question of a wrongful death claim. During our lifetime, a physician is not allowed to divulge any information gleaned from our medical care without permission or waiver of the privilege. But after death, it becomes a little more complicated.
Some states allow the deceased person’s spouse, next of kin, or personal or legal representative to waive the privilege and have access to medical records, while others confine access to doctors and hospitals. Litigation could also have an effect on the privilege: While notice of an impending lawsuit on their behalf could expedite the release of a deceased person’s records, it cuts both ways. Often, a patient’s privilege regarding medical treatment related to negligence or personal injury is waived if she, or in this case a representative, files an action based on that care.
Hungry Hungry HIPAA
After a person passes away, HIPAA’s protection on medical records is enforced for the next 50 years. During that time, only the decedent’s legally recognized representative has the power to authorize access to or disclose the person’s medical information.
A representative could be the executor or administrator of an estate, or a person designated in a living will. Some non-representatives, such as family members or other individuals involved in a decedent’s health care, may have limited access to medical records through health plans or health care providers.
HIPAA does not apply to any medical records 50 years after a person’s death.
If you want to determine who has access to your medical files after you die, or if you’re having trouble accessing a deceased family member or loved one’s medical records, you may want to consult with an experienced estate planning attorney.
Related Resources:

Browse Estate Planning Lawyers by Location (FindLaw Directory)
Who Must Comply With HIPAA Regulations? (FindLaw’s Law and Daily Life)
Legal How-To: Getting Medical Records for Your Case (FindLaw’s Injured)
What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life)

Source: Legal Law Firm