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Archive for: May 2013

Minor Son of NCP Leader Killed 2 Years Old Girl in Car Accident

thA speedy car crushed the baby of two years on the Highway and the responsible driver was caught on the sport and the case has been filed against him. It has been report that on the Wednesday morning, when two small female kids were walking along the road with their uncle and they were going to the temple. When they reached near the Hudco TV Center Chowk, they were hit by the speedy car and injured the two female kids & their uncle. The two years old baby was died on the spot but other injured people were brought to the hospital for medical help. The police arrested the responsible driver and took the SUV car in their custody to carry out investigations of the car accident.

The initial investigation showed that the driver is the son of senior National Congress Party leader Abdul Qadeer Maulana who is only 17 years old. This accident was occurred on last Wednesday at 08:15 am in the morning. At the time of accident, he was driving the car and his driver was sitting next to him. The boy was driving the car furiously, when he reached near the Hudco TV Center Chowk, he could not control his car. The car hit the two kids and their uncle, who were walking along with road then car ran into another vehicle and a shop and ruined them. The three people received serious injuries and the 2 years young baby could not succumb to her injuries and died on the spot. People gathered around the accident place and the mob tried to burn the car and hit the responsible driver. The police took action immediately and they dispersed the mob and controlled the situation.

During the investigation, the police took the help of the CCTV footage which clearly indicated that the son of the senior NCP leader was driving the car and he was responsible for the tragic accident while his driver was seated next to him. The police arrested the driver on the spot and registered the case against him. The senior police officers told that they are probing into the incident and they are trying to find out the factual position of the incident so that they can carry on the investigation. The heir of the deceased child has demanded with the concerned authorities to take legal action against the responsible person and execute the case legally against him.

The parents of the deceased child have also demanded with the state authorities as well as with the judiciary to provide them justice. They also demanded for the necessary financial aid in the shape of compensation claim for the deceased child and the injured persons of the family. Due to this accident, this poor family has to face different problems including the injuries and financial problem incurred on the last ceremonies of the deceased child as well as expenses on the treatment of their injured persons. The compensation case will be launched against the responsible driver and it will be decided in due course of time.

Command over Negligence and Personal Injury Law

personal-injury

It is very cumbersome to understand the negligence or personal injury law and it is very difficult to comprehend it fully that what is the personal injury or negligence law and litigation. All highly qualified and experienced solicitors, who have adequate knowledge about the litigation of personal injury or medical negligence, can know the right status of the law. The medical negligence of injury is of different nature and type which includes negligence done by doctors or hospital staff, work accidents, poisoning due to food, head injury, vehicle accident and danger of product are considered the injuries or negligence. The solicitors collect all essential proofs and documents leading to the medical negligence or injury to make their case strong in the court and they also help the victims lodge the claim for the compensation in the court. The court considers the claim keeping in view all necessary information and proofs and accord the claim in favor of the victim.

In the personal injury cases, the injured or affected people have to provide all necessary information and report to the police authority along with the police findings of the accident with thorough investigation, so that they can make their case strong in the court. The solicitors depend on these basic information and allied reports to argue in the court in the favour of their clients. The victims should keep in their mind while selecting the perfect and professional solicitors to file the compensation case in the court. The solid proofs and reports along with comprehensive investigation will convince the court to consider this case and accord the compensation claim in favour of the victim. If your solicitor is well acquainted with your case and have enough documentary proofs then he may fight well for your right and get the compensation claim and if you choose the solicitor, who is not professional and has lack of knowledge about the compensation law, then he will not argue with the court over your claim and you may have to face a defeat and lose the compensation claim.

When the court accords necessary approval of your compensation claim, then the judge orders for the calculation of the compensation claim. The judge can calculate the compensation himself or he constitutes a jury for the calculation of the compensation of the case. The judge or the jury can calculate the compensation of the claim keeping in view the necessary expenses, which the victim has to pay like medical expenses, the medicines and loss of job due to his injury. The judge or jury can recommend that after some time, this case will he heard again and at that time, the court will look over the physical and mental position of the victims and work out the loss done to him. If the victim has been injured for the rest of his life then he will be given the compensation permanently. In this situation, the victim not only suffered but also his family will be suffered and it will become very difficult for them to face the financial hazards.

Police Officer Received Work Accident and Awarded £8,000

A Police officer of the South Yorkshire had to face an accident in the snow falling and winter season. The police officer was deputed to perform the duties and during his duty he slipped and fell down on the black ice. Due to this falling, the police officer received serious injuries and his leg was broken. It is also reported that his ligaments were also destroyed and he was shifted to the hospital immediately. In the hospital he was given necessary medical treatment and his broken leg was operated upon. After some days, the police officer of South Yorkshire was discharged and he was advised for the bed rest and report to hospital after some days for his again medical check up.Accident-at-WorkThe police officer filed his case for the compensation on the part of the work accident to his department. In the compensation claim, he was opted that he was performing the assigned duties and during his duties, he met with an unfortunate and sudden incident. He was slipped and received injuries to his different body parts. The department examined his case and carried out their necessary investigations of the incident. The department has accorded approval for award of compensation to the police officer against the sad accident, which he met during his duty. The department has awarded him total £8,162 which was highest compensation claim amount the police department of South Yorkshire has approved for any police officer.

The police officer claimed this compensation claim for the accidents which he met unfortunately and the grievances which his family had to face during these worrying days. The police department has acted responsibly and they responded with immediate investigation of the case and when they reached to the conclusion, they accorded approval of the compensation without further delay. Similarly another work accident occurred with the pc when they got injured on their backs during the loading of concrete block in the police van. The injured persons were taken to the hospital where medical treatment was provided to them. The case was reported to the responsible police officers by the injured persons with the compensation claim for the injuries they have suffered during their duties. The police department ordered for the investigation of the work accident case to find out what had happened with them.

After thorough inquiry and keeping in view the medical reports of the hospital from where the injured persons got the medical treatment, the police department accorded approval for the compensation claim against their injuries. It is noted that the compensation claim were awarded to various police officers to receive injuries or face accidents during their duties but some police officers also claimed for compensation on the minor injuries, which are all controversial. During March, the Home Secretary ordered to review the work compensation claim in the Police department and replace the old existing rule for compensation claim and set up the limit of the compensation claim for the injuries or accidents.

Russian Child Given HIV-Infected Blood by Negligence

HIV Infected blood

A Russian female child was given the blood duly infected by the HIV virus which is a serious neglect on the part of the hospital staff. The 16-months old female child, Daniella was brought to the hospital to the Christian Hospital No.5 in St. Petersburg city in Russia in March, where an operation for the peritonitis was carried out. Peritonitis is an infection, which endanger the life of the patient. After carrying out of the operation, the patient was remained between the life and death position and she was kept in the ICU for a long time. The patient was given the blood when she was in the ICU, which was not tested and it was donated by person, who has already been infected with the HIV virus.

The hospital staff did the serious medical negligence and it was also the neglect of the specialists of blood transfusion center of the city who did not carry out proper test of the blood, which is already contaminated with HIV virus and they passed the blood for the patients. It is also reported that this neglect is also done due to the shortcomings of the computer programs and this infected blood was given to the younger child and she was developed with another disease rather than get well from her own, peritonitis disease.

In the beginning, the female child was admitted in the hospital with the complaint of rotavirus during February. The hospital staff gave the medical treatment to the patient and she was discharged with the instructions to bring back the child after five days. On the very next, the female child was brought back as her condition was not normal. During the medical examination of the child, they felt some unusual and asked for the X ray report. The X ray report revealed that the patient had been swallowed some magnetic parts of the toy. The doctors also carried out the checking of the used batch of the blood, which was still present in the quarantine as that blood was there to undergo the HIVG test. That HIV contaminated blood was used for the patients without checking that there was no written permission to declare the blood use for giving it to any patient.

Due to this serious medical negligence of the hospital staff, the child has to undergo long treatment for anti-virus. It is also reported that there is risk of contracting incurable virus by the blood transfusion having HIV infection, which becomes 100 percent. Russia has already introduced various reforms for the screening of blood for HIV in 1987 and since then only 50 cases for the HIV infection have been reported in the whole country and most of the cases are occurred due to human mistakes. This case and other similar cases are occurred due to the medical negligence of the hospital staff or the doctors and they can endanger the lives of the patients. Consequently the hospital staff has to face the compensation claim filed by the patients and his family in the court as well as face the bad reputation of the hospital and its staff.

Medical Negligence of Lung Cancer Diagnosis

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Frank Golby was aged 65 years and he was living in Coventry. During May 2010, he felt problems with continuous cough and went to the University Hospital to get the medical treatment. The doctor checked him and sent him for his CT scan to know about his persistent cough. The CT scan of his left lung was carried out and revealed 1 cm long nodule found in his left lung. This was the serious condition of the patient but doctors and medical staff of the hospital made mistake to diagnose his disease and they did not indicate the dead tumour in his left lung. They simply declared it the chest infection and provided medical care according to their diagnosis.

The patient was not admitted and proper medical treatment for lung infection was not given to the patient. He consistently felt breathing problems and went back to the hospital many times. He also felt the problem of anemia but his CT scan was not done to know the exact position of the disease and the problems which is not getting well. To know the complete picture of the disease, a chest x-ray was done to know the exact position of the disease on February 17, 2012. This x-ray revealed the presence of tumour in his left lung but at this time this tumour has been increased five times to its original size and the condition of the disease became worse at that time. The doctors diagnosed the disease very late and at that time it was too late to give medical treatment to the patient, who died on the very next day, when his age was 65 years.

After his death, his family including wife and children took legal step against hospital and doctors and get the compensation claim filed in the court for the misdiagnose of the disease. They opted that when Frank visited hospital during 2010, then hospital staff has done his CT scan to get the complete pictures of his disease of his left lung. At that time there was 1 cm long nodule which was showing the improvement of lung cancer. The hospital administration made a mistake and they did not take care of this problem and ignored and simple provided treatment for the cough. With the passage of time, this nodule was developing and patients visited many times to the hospital for the hospital. The doctors should examine her CT scan once again that why his disease could not be controlled and what was the actual problem with him.

The court held responsible the hospital administration and doctors who failed to diagnose the disease which resulted in his death. The Court after going through the complete investigation of the disease, found that if the hospital staff and doctors could diagnosed his disease then this disease can be treated at that time and it will also get well soon. With the proper medical care, he can live for minimum further ten years. The Hospital administration apologized with his family and settled an undisclosed compensation of five figures for misdiagnoses of lung cancer.

Hospital Fatal Medical Negligence Compensation Claim Settlement

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A medical negligence case happened in Dublin on the medical grounds of an interim cerebral palsy with a boy having age only 10 years. The boy, Jamie Patterson was born in Coombe Hospital in Dublin in November 2002 with the complaint that the boy was terribly injured at the time of his birth. The hospital administration was failed to provide medical treatment with Syntocinon for assisting in contractions to his mother, Teresa Patterson. She went to hospital with serious complaint but the hospital administration as well as doctors failed to monitor foetal distress of his mother.

When the investigations were carrying out then it was found that she has the side effects of Syntocinon and the boy was born with cerebral palsy due to spastic quadriplegic. With the development of cerebral palsy in the boy and negligence of hospital and doctors, the boy was grown with the lack of talking ability and he can communicate with her mother with the help of his facial expressions or through his body language and he suffered from constant speech disability & depend upon his mother or other for the entire life.

Teresa Patterson, mother of disabled boy got prepared a compensation claim for cerebral palsy to her son for the serious medical negligence on the part of the Coombe Hospital Dublin on behalf of her son. In the compensation claim, she opted that the hospital has shown serious negligence in her treatment and monitoring the foetal distress which resulted into serious problem for her child before birth and lapse of speaking power and cerebral palsy to her son. If hospital administration paid attention to her problem and monitor the foetal distress before birth of child, then this serious negligence of cerebral palsy can be avoided.

The hospital administration refused to accept the negligence on their part and denied the claim, which is lodged in the court for the serious medical negligence done by the hospital. They did not accept the cerebral palsy to the boy but Health Service Executive has agreed with the compensation claim in the court. High Court judge Mr Justice O’Neil accorded the compensation claim in the favor of victims for €1.58 million. The court held responsible the hospital administration for this serious medical negligence and awarded them punishment to pay the compensation claim to the victim and the judge of the High Court also ordered that this claim in the interim arrangement for the boy.

Now the court adjourned the case for two years and ordered that the court will look the case after two years once again because the liability will also be worked out of the future requirements of the boy. Presently the court ordered the compensation claim for the interim arrangements to meet the expenses of the victim. When the future requirements of the boy will be assessed after thorough investigation of the case and keeping in view the expenses of later period then court will issue orders to settle the case properly considering future requirement of the victim boy.

Fatal Doctor Misdiagnosis Negligence


i-misdiagnosis

Eight years old boy, Richard de Souza from County Kildare was brought into the hospital with the complaint of developing the soar on the left side during his disease of Chicken pox in February 2011. The patient was taken to the Midland Regional Hospital where he was checked in the A&E Department. During examination of the patient, it was found that the patient has infection and he was suggested for three day bed rest with the course of antibiotics. At the discharging time, the patient was also complaint with high pulse and heart rate as well as high temperature. In such critical conditions, the doctor failed to diagnose his diseases and did not care for his other problems including increasing heart beat rate, acute temperature, which was the serious mistake on the part of the doctor.

The patient took their boy to their home and on that evening the boy felt thirsty and became hallucinating. On the very next day, in the morning his mother called for an ambulance to take him to the hospital. When he was taken to the hospital, it was found that he suffered from severe heart attack and when they reached the Midland Regional Hospital, the patient was declared dead. Later it was discovered that the boy was suffered from streptococcal infection which was developed into toxic shock syndrome. If the patient was admitted in the hospital then this disease can be treated easily and proper medical care can be provided to the patient. The doctor and hospital administration made mistake to diagnose his disease and provide him medical care but instead discharge him from the hospital.

The parents of the deceased boy, Ralmon and Flavia de Souza filed a claim for grant of compensation for the sad demise of their son due to serious neglect of doctor and hospital. They opted in their claim that doctor and hospital failed to diagnose the disease of their son and discharged him from the hospital. If they took proper care of their child and admitted in the hospital for the treatment of streptococcal infection, then their child would be better and he would get well soon. Due to their irresponsible behavior and neglect in their duties, they have to lose their son. The High Court has conducted the case and carried on the case. After watching all necessary aspects of the case, the court dismissed the case with the compensation claim of €160,000 to the parents of the deceased child on the part of serious hospital negligence.

The court followed the entire investigation of the case, the executive of Health Services and Midland Regional Hospital have also admitted their mistake for their mistaken discharge of the patient rather than provision of medical care. The court settled the case for compensation for the serious medical negligence and discussed for the inclusion of Post Traumatic Stress turmoil, which resulted into the disastrous and preventable death of their son. The judge of the court Ms Justice Mary Irvine read out the apology and later on accorded approval for the compensation claim of €160,000 for the hospital medical negligence.

Medical Negligence Case Settled against Hospital

medical negligence in children

A medical negligence case is appeared when a young boy, who is 10 years old, was brought to the hospital with the complaint of developing sensitive hypoxic ischaemia moments soon after his birth. The boy was left un-ventilated soon after his birth and he was developed with dyskinetic cerebral palsy and this case was brought into the court, where it has been approved.

The court started the proceedings in which it was found that Eion Murphy was delivered in July 2002 at Combe Women and Infants University Hospital. The infant was not provided the ventilation till seventeen minutes and he suffered from absolute severe hypoxic inchaemia. The hospital administration was of the view that they did not found the pediatric register at that time so this delay was occurred. This delay could be avoided and the baby would be given ventilation soon after his birth and he would not be suffered from this disease.

Due to this medical negligence on the part of the hospital administration, the brain of Eoin had to face paucity of oxygen which resulted into dyskinetic cerebral palsy and now he is facing the major significance. This major characteristic results into presence of spontaneous clumsy movements in his legs, arms, trunks and face. This serious medical negligence of hospital brings his life to the brink of complete disaster.

His mother registered the case for compensation for the medical negligence for the dyskinetic cerebral palsy in February this year against hospital administration. The case has been registered in the court under the provision of medical negligence law and the family of the victims was liable to file a claim against the hospital for their carelessness. The case for the compensation claim was heard in the High court before Justice Ms Mary Irvine. After complete proceedings of the courts and keeping in view all circumstances involved in this case, the court has decided this case in favor of mother of victim and the hospital administration was declared liable for the injuries of Eoin.

This case was settled in February this year and case was adjourned for assessment of all damages done to the victims and Mr Justice Michael Moriarty accorded approval of the interim settlement of the case for the compensation of dyskinetic cerebral palsy and this claim was amounted to €2.9 million. The court settled this case with the provision of support and care of the victims for next two years. After two year in 2015, the court will examine the case and review the case with the future needs of the victim as to how his further requirements will be made and the court will decide the payment system for the periodic compensation. The case was proceeded in the court under the provision of medical negligence law and it is settled within very short period of time. It is also need of the hour to make legislation for the provision of justice to the party injuries with them to ensure that no doctors or hospital will involve in such negligence cases.

Work Accident Case – Ball Dribbler Hit by Pickup Truck

Work Accident

The football lover and activist Richard Swanson has been died in a road accident about 4 days ago on May 16, 2013 due to fierce hit by the pickup truck. He was going to Brazil from Seattle through road while dribbling the foot ball on the road. As the next Football world cup is going to be held in Brazil so he wanted to fascinate the fans and lovers of football spreading across the world through his astonishing effort to reach Brazil while dribbling the football on the road.

Swanson, who was 42 years old and the resident of Seattle, started his journey from his city, Seattle from May 01, 2013 on the Highway 101 along the Oregon coast. He was walking and dribbling the football on the Highway and was going to Brazil by dribbling the football all the way to Brazil, where he will reach on the occasion of Football World cup 2014. Through this activity, he wanted to promote his love and passion with soccer and support ‘One world Futbol’ project with the objective to donate soccer balls to the developing countries and promote this international game.

The sad demise of Swanson brings questions in mind that what will be happened. Is the pickup truck driver, who hit him, will be declared responsible and he will be charged or it is not fault on his part. If the work accident claim rules are consulted then you will find that there are some possible legal steps involving the wrongful death cases, which allow the spouses, children and parents of the deceased to lodge the case for the recovery of damages done with the deceased and his family resulted by wrongful act or omission. The family of the deceased can file the case in the court of law within three years after the death of the victim. The case will be investigated by the police authorities and the legal aspects of the cases will be determined that this accident is a result of wrongful act or omission or not and the driver of the pickup truck is responsible for this negligence in the work accident claim or not.

The police will also determine that the pickup truck driver commits the crimes of intoxication, typing text at the time of driving, or driving the truck negligently and hit to other vehicle or person. The investigation report did not appear yet which indicate what happened with pickup driver and why did he hit Swanson. His family will surely get the investigation report and scrutinize it to know what the actual situation is. In the light of investigation report, they will decide to lodge the case for compensation in the court of law. If they successfully conduct the wrongful death case in the court then they will be granted the compensation charges to meet the expenditure incurred on funeral and burial or the loss of companionship. The cases for work accidents are met through court with the help of proper and just investigation carried out by police. Police can also take the help of scientific methods to come to the conclusion.

What is Personal Injury Claim?

Personal injury is the term which is used for an injury to body, head or mind, which is caused by the negligence of others. The damages done in the personal injury are included body injury, negligent infliction of poignant suffering or intentional infliction of expressive anguish. Personal injury are mostly occurred in factories or in the work place, in homes due to faulty machines or electric current, traffic accidents and product defect accidents. The personal injury is also happened due to medical or dental negligence. The workers in different factories are also suffered from various fatal diseases including asthma, psychoneurosis, chronic bronchitis, asbestosis, pulmonary disease, repetitive strains, occupational stress, silicosis, vibration white finger and many more.

Personal Injury

When we work and live in this world, then we may also come across different natures of problems, which are caused by the surrounding areas as well as use of machinery. If you meet with any accident due to fault of other people or surrounding area then you have the right to file suit for compensation of your personal injury. The personal injury has different impact on your body or on your mental position and it can also have the psychological impact on your life. You may also comes across work related illness which is also considered in the personal injury as it prohibits you to perform any kind of work to earn money for you and your family.

The compensation claims for the personal injury are prepared keeping in view the nature of the injuries received by the victim and the fault of the responsible companies or factories. The compensation claims are settled through settlement between the two parties or according to the judgment of the court. The government does not provide financial assistance to the victims in the settlement of their compensation but the attorneys offer their services on ‘no win no fee’ basis. They represent their victims in the court on the basis of ‘contingent fee’ in which the percentage of the fee is settled on the plaintiff’s ultimate compensation. The attorney will get the percentage of the fee if he wins the case and if he does not win the case then he will not get amount. In the personal injury claims, if the victim is worker in any factory then it is examined that the company has adopted precautionary measure to avoid accidents or haphazard and the nature of the precautionary measures.

When you prepare your case for compensation of the personal injury, which you received due to fault or negligence of other people, then you should maintain the compensation claim for personal injury, which support your claim for personal injury. The cases for personal injury are different from others and some cases are settled soon. The claims for personal injury are considered in the general or special damages. The personal injury claim can be complicated and time consuming. The time limitation of the personal injury claim can be considered and if the cases of personal injury take too much time then it will be declared time barred.