rss feed 
Claim Against A Care Home

Medical Negligence and Negligence a...

Even talking about care homes to an elderly relative can be daunting. Even the word ‘home’ can give a sense of insecurity and impending fear.  F...

Work Accident

David Hynds won Work Accident Claim...

David Hynds has faced the accident at his work place and he got the compensation for his injuries for £70,000. It is reported that Mr David Hynds was ...

Personal Injury

Personal Injury Claim as Man Died i...

A man killed in an accident with the train. It has been reported that a man collided with the train in the Richmond in US State of Virginia. As the tr...

Negligence Law

Domestic Abuse Affecters Seek Help ...

Most of the female have to face very odd situation at their homes, which has been created mostly by their husbands or fewer from their fathers or brot...

Medical Negligence and Negligence at Care Homes Claims

Even talking about care homes to an elderly relative can be daunting. Even the word ‘home’ can give a sense of insecurity and impending fear.  Family’s agonise on a daily basis whether the right decision and the best way forward is a care home for an elderly person. Often families have the decisions taking out of their hands when the relative is ill and needs constant care. Families find that when the decision is taken from them it’s much easier. For free advice on care home claims you can visit medical negligence assist.

Deciding to put an elderly relative into a care home

So actually deciding to put an elderly relatively in to a care or nursing home can be one of the most difficult decisions you can make.  Making the actual decision can be the hardest part because family members are never really sure when the right time is and are often scared whether they have done it too soon or even too late for the person to integrate properly . It is always vital that if possible everybody has a say that way anyone else’s fears can be talked over and solutions found.

Claim Against A Care Home

Choosing the correct care home

After the initial decision to place an elderly relative into a care home has been decided the next tough task is picking the most suitable care home to match the needs of a loved one.  It maybe that the person just wants more independence and shelter accommodation is preferred or it could be the case that 24hr care is needed or specialist care. Deciding which care home must be dedicated to the persons needs and both care givers and elderly person must feel completely comfortable and secure with the surroundings.

Negligence in the care home

Often one of the main and most daunting subjects that people agonise over is the negligence that happens in care homes. It is no secret that many care homes have fell below standard in their care and management of their occupiers.  When the standard falls it is always the residents that suffer, their safety and welfare come into question.  Standards of the staff usually fall due to lack of skills, man power and training and such substandard care can lead to;

·         Pressure sores

·         Medication and prescription errors

·         Patient supervision errors

·         Diagnosis and treatment  delays

·         Dehydration errors

Many of these negligent acts have been brought up in a court of law as many residents and family members have fell victim to these acts and errors and have gone forth to make medical negligence claims. It is possible for the relative to make a claim of negligence if the victim is not in a capable state. They can claim for compensation on their behalf.  It is always important to be aware of the signs of negligence so that they can be prevented at the early possible moment stopping them in their tracks as soon as possible. Warning signs can be both physical and mental. The resident may have bruises and sores that are unusual for that person or they may come withdrawn and nervous. Any unusual signs should always be taken seriously.For more info visit www.MedicalNegligenceAssist.co.uk

David Hynds won Work Accident Claim for £70,000

Work AccidentDavid Hynds has faced the accident at his work place and he got the compensation for his injuries for £70,000. It is reported that Mr David Hynds was working in the engineering firm, David Reekie and Sons. As he was working in the engineering firm located in Lincoln in 2008, he met with an accident when a cutting tool fell from the height of four meters on Mr Hynds and it trapped him between the girder support and ground.

Mr David Hynds, belong to Kilbarchan was injured during the routine working in the engineering firm and he tried to save himself from the girder support. During to process of getting free himself from the girder support, the cutting tool fell upon him and pressed him against the ground. After some time of struggling to get free from the weight of cutting tool, he was slid down from the tool. He was immediately shifted to the Lincoln County Hospital for necessary x-ray for his injuries. In the x-ray report, there was no sign of fractures in his body parts.

Mr David Hynds reported that he suffered severe pain in his spine due to compression of the girder support and the ground. The doctors diagnosed that he suffered from soft tissue injury and they provided him necessary medical treatment and advised him to go back to the work. Similarly, another assessment was taken in the Royal Alexandria Hospital in Paisley. The doctors carried out his medical treatment and advised him to take painkiller and go back to the work and do the light work prescribed by the medical experts.

Again in 2009, Mr Hynds stopped working with the complaint of pain in his body. His MRI scan was conducted which showed that he was suffering from compression deformity of spine and he will undergo a major surgery for the reconstruction of the affected parts of his body to make it correct. The surgery of the compression deformity of the spine was undertaken.

Mr Hynds filed a suit in the court for the compensation claim on medical ground as the work accident may result into his disability or he may face financial problems due to his work accident and he sought £500,000 as compensation amount for his pain and suffering. The court admitted his claim and ordered for grant of compensation claim to him for his sufferings. Due to his suffering and pain, he also got the replacement of his earnings and pension from his engineering firm, David Reekie and Sons.

While pronouncing the judgment of the case, the judge, Lord Glennie said that Mr Hynds had received life threatening and serious injuries which could endanger his life. He fought his case in the court but did not give any gesture that he was exaggerating the impact of the accident, which he received physically and psychologically. He gave good impression during his case that he was good witness of the case and he accepted all the decisions of the court regarding compensation claim on the ground of work accident.

Source:  BBC

Personal Injury Claim as Man Died in Train Accident

Personal InjuryA man killed in an accident with the train. It has been reported that a man collided with the train in the Richmond in US State of Virginia. As the train was in full speed and the man was walking on the track, the train struck against him and the man died on the spot. It also came to know that at the time of collision, the crossing lights were down and nothing can be seen. The train driver also could not see the man on the railway track. If he saw the man on track, he also could do nothing for him. The police arrived at the spot and registered the case but they also did not tell that what the person was doing on the tracking and why did he not move when he became aware of the arrival of the train.

The police took the dead body in their custody and they get the case registered and started their necessary investigation. Always train accidents are tragic as it is not possible for the train driver to stop the train at once by applying brakes as there is danger of tracking off the train. Some time the staff of the railway department involve in the train accident as they can commit the negligence to their duties which may result into fatal accident. These accidents may also result into loss of lives or human limbs as well as facing heavy medical bills, lost of work wages and health care requirements in the future.

If there is another person or the staff of the railway department involve in the accident and he causes the lose of lives or injuries, then it is better to file a negligence claim against such person in the court and demand for the justice. You can mention in your claim the mistake of other person and hold him responsible for the sufferings and pains cause medical bills or other expenses as well as loss of jobs or work due to disability or abnormality. You can seek protection from the accidents and losses and search for the professional and expert personal injury negligence lawyers to sue your case in the court.

There are various legal firms, which have brilliant background in dealing with medical negligence claims in the court and they have professional approach to finalize these cases. You can get help of internet and search for the suitable law firms to file the compensation claim in the court.  You can also hire the services of injury lawyers, who have experience to handle such type of cases and know how to finalize these cases with the court or with the insurance companies. The injury lawyer can prove the fault of the railway staff in such particular cases in which the staff is responsible as the lights were down. If railway staff found involved in the negligence of this case then the concerned staff will be held responsible for this fatal incident. The court will also hold them responsible for making payment of the compensation claim.

 

Source:  Findapersonalinjuryattorney

Domestic Abuse Affecters Seek Help from Glasgow Health Board Policy

Negligence LawMost of the female have to face very odd situation at their homes, which has been created mostly by their husbands or fewer from their fathers or brothers. Some of them have courage to approach to the court for want of justice and in some cases, they bear the situation and do not ask for the justice. Various organizations and NGOs have appeared to settle these problems and about all governments of the countries adopted various plans and policies to uproot these odd behaviors and save the women from injustice and cruelty of men.

Recently, the health board of Scotland has formulated a policy which will work for the betterment of the female staff to avoid the domestic sufferings and pains, which is being done with them at their homes. The organization like NHS Greater Glasgow and Clyde has prepared some guidelines for their managers to follow it. These guidelines help them in the identification and support of the staff, which are already facing such problems. The study shows that one in five female staff members is facing the domestic abuse and Scottish government as well as women are supporting this approach to settle these problems. A campaign was launched to support the staff in which one participant has revealed that she also became victim of the cruelty and unjust behavior of her husband.

A visitor of Glasgow health center, who is now 59 years old, got married at the age of 16 years. She revealed that she suffered the physical, sexual and verbal pains for 26 years. She faced the cruel situation of injuries being received on her nose and her head was also split open. She got her treatment in the hospital and she did not show what had happened with her. Most of the women do not leave this relationship due to various reasons. Some of them sustain this relationship due to fear and embarrassment and they do not tell anything in their family especially with their parents. They want to protect the relationship and do not want to disturb their parents and other family members and tell her friends and colleague that everything is going well.

Some of the women want to carry on education of their children as separation will result into creating disturbances in their lives and affecting the education of their babies. In the developing countries, the situation is worse as the execution of legal formalities in such cases is not carried out. One of the affected women, Ms Garrity shared her horrible story with another health visitor. She started saving money from her income so that she can buy a flat but it took long time to gather sufficient amount for her purpose. Finally she bought a flat and she sighed of relief to come out of the cruel environment, where she lost precious years of her life. She said that such policies are useful for other women as this policy will support these domestic abuse affected women to get help and support and come out of the cruel life with unkind persons.

Source :  BBC

Justices Construe Chevron Deference as Employment Law

Employment LawThe case for the revival of Chevron Deference was filed in the Supreme Court and the court issued an opinion for the actions of federal regulators with the majority of 6-3 judges. Justice Antonin Scalia has decided the case in favor of Federal Communication Commission. The Telecommunication act was formulated in 1996, according to which the ability of local and state authorities has regulated wireless on the sitting decisions. Now the claimant has filed the case for the action of local authorities on the sitting applications within suitable time.

FCC has adopted the view for issuance of declaratory ruling and said that the suitable time means the presumption of 90 days to carry out action on the collocation applications and on the other applications, they need 150 days. This ruling of FCC was challenged in the court by the city of Arlington. Supreme Court conducted the fifth circuit to support FCC. The Supreme Court larger bench maintained the majority decision and asked two questions including the stand of Congress on the issue and if not do so, then ensure construction of law. The court also asked Congress to make intention for filling the gaps, which were left through suspicion in the laws.  When Congress see limited action from the agency then they have confirmed the capability to speak and when they see the prudence of the agency then they speak over the issue generally.

The court has said that the judges have issued the interim decision and they did not waste the time in making decision that the interpretation of the statutory provision of the case is come under jurisdiction or not. In this case, FCC has mentioned the suspicion in their jurisdiction. The court has also given references where jurisdiction of agency is applied on the Chevron. The court further said that any decision against FCC could help to change various decisions having connection with agencies. The majority of judge was of the opinion that the arguments go against FCC were used intentionally to demoralize Chevron.

This case was heard by the bench of judges in which Chief Justice Roberts, Kennedy and Alito showed disagree with the case and they also expressed their apprehension over the power exercised by the administrative agencies. They were also of the view that they must finalized that Congress had designated powers to any agency to verify any suspension. The Chief Justice wrote in his opinion that he thought that the standing of federal agencies did not misrepresent the power of the court to decide about the law.

Justice Breyer wrote in his opinion that there is an ambiguity about the decision of jurisdictional and non jurisdictional decision when this question is arisen that any agency can act within its constitutional authority. The ruling of FCC left spaces and these were filled with their own elucidation. Justice Breyer rejected this argument of the petitioner in the presence of saving clause and the presence of judicial review excluded FCC to follow the law. The opinion of Justice Breyer appeared to work as balance between the opposition and majority of bench.

Source:  Employmentlawdaily

High Court Approved Professional Compensation Claim

Professional NegligenceCourt has accorded approval for grant of compensation claim to the affected boy. The boy has been suffered from the cerebral palsy due to drain damage at the time of this birth. It has been reported that when the boy, Ryan Brennan was born in Saint Joseph hospital located in Clonmel in January 2000. At the time of his birth, the newly born baby was not provided necessary medical treatment as foetal heart rate was discovered. The abnormality of the baby boy was not given attention and he faced critical seizures.

The baby boy had to be provided resuscitation soon after his birth which created some abnormalities. The matter was reported to senior doctors and obstetrician consultant of the hospital for the sufferings of the baby boy, Ryan with cerebral palsy and brain damage. If his abnormalities were dealt with at proper time, then this situation can be avoided. The damage has been done to the baby boy on the part of the medical negligence done by the doctors or medical staff of the hospital which resulted into his abnormal mental condition. The parent of the baby boy discussed this mental situation of the boy with the senior doctors of the hospital but it was already getting late and the harm to the brain has already been done which could not be treated.

The parents of the baby boy, Ryan sued in the court for compensation claim against Dr Powell and Health Service Executive for the medical negligence. The allegation put on the doctor and the Health Service for their breach of duty as well as on the agreement. The appellants have also provided all necessary lab and medical reports against them with necessary evidences to support their professional medical negligence claim. The defendants refused to accept the responsibility for the allegations made by the parents of the boy filed in the High Court, Dublin. The defendants have opted that they are not responsible for the professional negligence. They also refused to accept that at the time of the birth of the baby boy, his physical condition was normal and there was not sign of any breathing problem in the baby. The baby developed these problems after leaving out from the hospital and his parents were failed to report his problems in the hospital in time.

The court looked into the matter and examined the lab reports with results which indicated the exact condition of the patient at the time of his birth. Justice Mary Irvine issued necessary order for the professional negligence conducted by the doctors and staff of the hospital and accorded approval for the compensation claim for the cerebral palsy with an amount of €1.7 million. The court held the Health Service Executive responsible in this incident for the professional negligence and ordered to strike out the name of the doctor from the compensation claim. The court also ordered to calculate the interim claim and his future needs should be calculated as the baby could not do anything without the help of others.

School Girl Struck by Speedy Car & Succumb to Injuries

Personal InjuriesA speedy car ended the life of a teenager school girl while she was crossing the road in Chesterfield, Missouri. The matter was reported to the local police authority, which came on the spot and gathered evidence of the accident & gets the case registered against the speedy car in the local police station ion Chesterfield. The police took hold of the car and arrested the car driver and took him behind the bars for necessary investigation.

It is reported that a teenage girl, Anne Josephine was return from school and she got down from her bus at her bus stop near her home. When she was crossing the road, then a speedy car coming from the city end could not control its speed and struck against the girl. The girl received serious injuries on her body and head as she was dragged by the car to long distance and her body was crushed with the car badly. Car driver tried to stop the car at once but it was getting late and the girl was injured badly. She was taken to the city hospital for necessary hospital but the girl could not sustain her serious injuries. She was died before the medical treatment was given to her as her injury received on her head was fatal and she could not survive her injuries. Now the case has been registered in the local police station against the responsible car driver. The police has started necessary investigation and probing into the matter what had happened on the road with the pedestrian school girl.

The parents of the girl are now going to contact with the personal injury professional to sue in the court against the car driver. The pedestrian accidents are serious and they involve personal injuries to the injured person. These personal injuries are the result of the negligence of other persons who failed to recognize their responsibilities while driving on the road. The professional personal injury solicitors can guide you in the right direction as he knows the rights which you get while crossing the road. The fatal accidents and personal injury cases also involve with heavy financial expenses, medical bills on account of treatment of the injured person and focus on the health and physical condition of the injured person after treatment of the injuries.

The personal injury solicitors can help you to file the case in the court and he also helps you to provide the medical documents and lab result with your case in the court. He may include necessary clauses of the law in your case, which support your case and seek justice from the court. The personal injury claim will help you to recover the financial expenditure involved in this case. The personal injury lawyer will help you to protect your basic human rights and it is the first priority of the lawyers to protect your interest. You can also prove the responsible party guilty in this case by your personal injury lawyer and win the compensation claim for the injuries and damage done to them or their relatives.

Effective Legislation for Control over Gender Base Violence

Medical Negligence LawGender-based violence is also known as GBV and this violence is caused for the epidemic disease of HIV, which is great threat for the human being. This GBV is an important source of the human rights violation in Southern and Eastern Africa. The combination of structural violence and intimate partner violence provide the vast approach for the human rights which was resulted into the gender based violence. National Strategic Plans are designed for the AIDS and HIV which shape the business, government, donors and the responses of NGOs to the HIV programs in the country. If these will not deal with properly in the hospital then doctors will also responsible for their medical negligence.

HIV and AIDS are spreading quickly in the Southern and Eastern Africa and the main cause of its spreading is the contribution of gender based violence. It is important to provide basic information or awareness to the common people that intimate partner violence is creating threat to the diseases of HIV and AIDS. National Strategic Plans is working with their policies and intervening programs for the AIDS and HIV for the reduction of the threat of GBV. The HIV plus women should be provided proper medical treatment as the timely treatment of the women can save their lives as well as other people otherwise it will be dealt with under the laws of medical negligence.

Initially, GBV was not considered the relationship with the human rights and its violence was not considered fatal. The Beijing Declaration and Platform for Action in 1995 gave this violence a new direction and GBV was included in the violation of human rights. The discrimination behavior with women was considered violence and the need to deal with this violence was considered at that time. Some international legislation like Protocol of African Charter on the Rights of Human and People on rights of women in Africa gave strong perception for the violence against women is actually violence against human rights. United Nations has also passed the resolution in the Convention on Elimination of All kinds of Discrimination against women which shows the gender based abuse in any kind of violence like sexual, physical or psychological harm or torment against women in the shape of deprivation of liberty, arbitrary and coercion in the private or public life.

When the violence against women was increased then the relationship with the violence and violation of human rights was sought to address the ever-increasing threat of HIV and AIDS. It also reveals through various reports that the women who become target of intimate partner violence, are likely to be HIV positive. In the intimate partner violence cases, women have to face various threats including physical, sexual and emotional abuse. The women with HIV positive become increase in danger of structural violence to vast extent because of the relationships with the gender. Another kind of violation is the coerced and enforced sterilization of women having HIV positive and poor treatment of the women during their delivery and criminal transmission of HIV. The women with HIV positive will have to face problems to get the effective treatment and careful services being provided to her and it expose the women to the institutional violence.

Enactment of “Employee Shareholders” Law

Employment LawThe new ‘employee shareholders’ law has been enacted by the House of Lords and it becomes come into effect immediately. This law has been introduced more or less useful for all practical purposes. House of Lords has also accorded approval for the governing of this law with its clause 27 meant for the Growth and Infrastructure Bill. This law has meaningful amendments, which will assist the employees to perform their responsibilities before using the new employment status. The bill was presented in both houses and meaningful discussion was held there, then both houses granted approval of the bill to provide security to the employee shareholders and this law is governed with immediate effect.

According to the new introducing employment contract, the employers will provide the cooling off period to the employees and from the date of offer, the employment contract will be no effect after passing of seven days.  The employers will also provide two written statements and the statement having particulars which are necessary for the Employment Rights Act and the employer will provide the statement of particular within two months after start of the employment. He will also provide the statement quoting the status of the shareholder with detailed particulars to attach with the shares of the employees.

The employers will have to pay the expenses incurred on the obtaining of the advice from the court, which the members House of Lords advised to be taken in thousands as it will facilitate to the employees. The amount of the expenses can also be met by the employees as the individual becomes the shareholder employee or not but he will have to pay this amount. This legal bill has already been discussed in both houses thoroughly and its every nook and corner has been taken into account while thinking over it. After detailed discussion, this bill got approval in both houses and now comes into effect and enacted as a law. The enactment of this law will give satisfaction and confidence to both the employees and employers and they will perform their respective duties in peaceful manner.

In the Employment Rights Act, a clause will be introduced in the new section, section 205 A. This section will provide atmosphere to the employees to work under restrictive terms and the proposal to this effect has attracted sufficient debate for this section meant for the working condition of the employees. With the provision of these new terms, if any employee considers a position then there will be one thing assured that their employers will take a chance by presenting these terms and they should also be well aware of the legal fee for the consideration of new job offered to them. The employers will not wait for any legal advice and he will also not allow the cooling off period to any potential employee. This legal process of the enactment of new law for the employee shareholders will protect their legal rights as well as provide them atmosphere to carry on their business without any hesitation and hassle.

Car Race Driver Died in NASCAR Nationwide Series

Car Accident ClaimRace car driver, Jason Leffler died in a dirt car race accident when he was participating in the qualifying round of 250 auto race for NESCAR Nationwide series on the Subway Jalapeno. He was the participant of this dirt car race and competed for the qualifying session of the NASCAR Nationwide Series and competed for the 250 auto race held on the Daytona Beach at Daytona International Speedway. When he participated for the heat race at the dirt car event, he met with an accident and died in this accident. The accident was taken place at the Bridgeport Speedway in Swedesboro on June 12, 2013. This dirt track for the heat race was located at 15 kilometers away from south west of Philadelphia. The police of New Jersey State, is trying to determine the reasons and consequences of the dirt track accident in which the car driver was died.

The case was also interrogated from other eye witnesses of the incident, which was happened on June 12, 2013. The police met with the eye witness of the incidence, Chris Taitt and he said that at the moment of accident, he was looking on the other side but he remembered that he was in the second position and suddenly his car was struck against the wall of the track in the fourth turn. What is the reason of his collision against the wall, he did not know. He looked that the wing of the car was spread like a pancake and his driving seat was also not present at the same position.

It is worth mentioning that Leffler was residing on the Long Beach in California and he has already won the Nationwide Series of NASCAR two times including Daytona 500 and Indianapolis 500. He spent most of his time to make preparation of the NASCAR race which was held at Pocono and he practiced at the dirt track for his new heat race. He also won about $7000 from the 410 Sprint car race, which was conducted on Wednesday last. This car race was arranged with minor drivers and it is considered the best car race of this year so far. The management has fixed heavy tickets on this race and they also announced the attractive and expensive gifts for the car racing drivers and this race was something better than the normal race being conducted on the nights of Friday and Saturday.

The heirs of the car race driver are thinking to sue the case of car accident claim against the management of the car race. It is the responsibility of the car racing management to remove all harmful material and ensure the construction of the wall in such that it can stop the car but did not become reasons of the collision with the cars. They filed the suit of car accident claim against the dirt track management as three other accidents are also happened during last month, which creates safety concerns for the drivers. The cases will be decided in due course of time as court has demanded various documents and reports supporting to the car accident claim.