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Archive for: June 2013

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.

Trash Truck Driver Injured Young Boy while using Cellular Phone

Personal InjuryIt has been reported in the newspaper that a truck driver has been executed with punishment for hitting a 10 years old boy. He was alleged that he was illegally driving the vehicle while using his cellular phone. As the use of cellular phone while driving the vehicle is a crime and the alleged person is dealt with punishment. In this accident, the boy has received injuries on his one leg and he has lost it. The case was sent to the case for the justice and award of compensation for personal injury to the victim which ended with the compensation amount up to Rs.18.5 million.

L.A. is now 10 years old and he received an accident two year before.  He was doing skating on the skating board and he was going to his Garfield Elementary School located near Kansas Street and Meade Avenue. While crossing the road, he collided with the fasting arriving truck and his driver was busy on the cellular phone during November 2011. He struck against the truck and received serious injuries and he also lost one of his legs. The boy was immediately shifted to the hospital where he was provided necessary medical treatment. His other injuries were recovered and he got well after some time but his one leg was lost permanently which was great loss for the young boy.

The family of the boy sued in the court of law against driver with the allegation that the truck driver was driving the vehicle illegal and he was also using cellular phone during driving on the basis of personal injury. This was also a great crime and it could cause loss of life of any person. It is also reported that the truck driver also took the illegal turn during his driving. The family of the court hired the services of the professional lawyer and he presented necessary information along with proof in the court against the truck driver. The medical report also showed that the victim received serious injuries as well as loss of one of his leg which resulted into his disability permanently. The court investigated the case thoroughly and also examined the lab reports and medical findings of the case. The witness told in the court that she saw that truck driver is using cellular phone while driving truck and she pointed out to the driver as it was against the rule to use it while you were on the road with your vehicle.

The driver did not take notice of his hinting to his cellular phone and kept on driving in the similar fashion which caused fatal accident. The victim had to undergo many operations for his internal personal injuries in this accident. The victim’s family had to face various problems in the last two years including mental tension, financial problems involving his medical treatment and permanently disability which will bar him for the active participation in his education as well as jobs. This will also tell upon his marital life for the entire life. The court finalized the case with award of about $18.5 million, which will be paid by the city government.

Implementation of Screening Policy Avoid Loss to Baby

Medical Negligence LawThe family of 5 years baby has taken step for legal action against the hospital for the permanent disability caused by the brain damage. The baby, Dilraj Singh was born five years before in the hospital and the hospital administration did not care for the new born baby and he was suffered from jaundice in the days after his birth. The disease was developed and it resulted into cerebral palsy. This disease suffered the brain of the baby boy and he left disabled permanently. The mother of the patient was of the view that the midwives did not provide medical treatment to the baby on time which resulted into acute brain damage and this condition was done by the jaundice.

The brain damage appeared in such type that the baby reached to the age of 5 years but he cannot speak and his hearing & sight is also affected as he suffers from cerebral palsy. The baby is unable to look after him or does his work without support. He needs continuous care so his mother had to resign from her service as there was none to look after her son. To meet the financial expenses of her son and money incurred on the treatment of her son, mother of baby, Urvashi decided to file the case against the concerned staff of Central Manchester Hospitals. In her claim, she mentioned that she gave birth a baby boy at Salford Royal Hospital in March 2008 and at the time of birth, her son was healthy and sound.

In the presence of screening policy of the babies at the time of their birth should be adhered but in this case, this screening policy was not implemented. This screening policy was formulated to avoid the tragedies to the newly babies. The hospital staff was responsible for this negligence for not implanting this rule.

She also mentioned in her compensation claim that after some days she went to the Trafford General Hospital for the check of her son. Central Manchester Hospitals makes arrangements for Trafford General Hospital. The baby was checked and he was diagnosed with the complaint of Jaundice. The condition of the baby boy was not good and the parents of the baby boy took him to the Salford Royal Hospital for the treatment and the transfusion of the blood. This is the standard treatment of this disease, which is provided to the patient. The disease was diagnosed at very late stage and before the treatment was provided to the baby boy, his condition became worse and he suffered from cerebral palsy which resulted into unable to speak and her sight becomes weak as well as affected the hearing also.

Mother of the child was of the view that midwives should provide medical treatment to the baby when they notice the signs of the disease as midwives are considered very active in their jobs. The court gave the verdict that screening policy has already governed in hospital to avoid the babies from becoming patients. Laws and rules are formulated to save the lives of the patients and policies should be strictly adhered in the hospitals.

Carl Pistorius Faced Car Accident Death Case

Carl Pistorius, elder brother of Oscar Pistorius was arrested by the South African police with the allegation that he killed a woman in the traffic accident about five year ago. His younger brother was released by the court two days before this incident. The sources of family denied to accept the responsibility of the incidence and said that he was innocent and they would sue in the court in his favour. The family also confirmed that Carl was appeared before the judge in this case and the court ordered him to appear again before the court.Car Accident ClaimPresently he is staying in his uncle’s home and he is continuously attending the court to face the allegations fabricated against him. The e-News Channel has broken up the news for the arrest of Carl Pictorius with the charge of murder of model, Reeva in an accident on February 14. The family of Carl has announced that they will sue the case in the court. The police suspected that the accident has been taken place as he was drunk but the lab report of his blood proved that the allegation of drinking was baseless. It was simple road accident in which model, Reeva struck against his car and she was died on the spot.

Oscar Pistorius participated in the London Special Olympics and he also qualified for the semi final of 400 meters. He was born with the defect that there were no bones in his lower legs. This deficiency of bones in his lower legs led him to set the amputation and blades prepared with carbon fiber. He has his own motor car in which he moves from one place to other. His elder brother, Carl, who is physically normal and he drove the car on that day, collided with a woman, which resulted into her death. The police got the case registered against him and arrested him in this case.

When the case started in the court, the police presented all necessary documents and investigation report with finding of the accident. The court examined the case and ordered the opposing lawyer for his statement on this case. The heirs of the deceased woman were also presented in the court with the claim that the accident has been happened by the mistake of the driver. It is their right to file the case in their favor and sue for the justice as well as claim for the negligence of the driver in the particular accident. The documents were not supported their claim as enough evidences were missed in this case.

It is also reported that the father of the deceased woman said in the court through his lawyer that if Carl Pistorius told the whole truth of this tragic incident in the court then he might thinking to forgive him and he also took back the case of his compensation claim for the death of his daughter. The lawyer of Carl Pistorius claimed that he wanted to misguide them and wanted some undue favor in this way as they could not prove their case in the court in the absence of enough evidences.

High Court Decides Professional Medical Negligence Claim

Professional Negligence2Jocelyn Dickoff was born in 2006 and when she was two or three weeks old, there was a lump appeared on her body. Her mother took her to the hospital for necessary medical checkup. The doctor failed to diagnose the problems and he provided normal medical treatment to the baby girl. The treatment was not responded and the condition of the girl became worse rather than got better. That lump was grown larger and it developed into an aggressive cancer in the childhood. The parents of the baby, Joe and Kayla Dickhoff filed the case in the Supreme Court in Minnisota after the doctor for his professional medical negligence. The case was filed in the court on the basis of the medical negligence as the doctor was failed to diagnose the disease of the patients which was developed with the time and it became dangerous.

Supreme Court gave the ruling on the case redefining the rights of the patients that they can file the case in the court of law for recovery of damages done to the patient by the medical professionals. To oppose the case, the attorney said that the case can be filed in the court if there is loss of chance to the patients done during the medical treatment. Such claims increased the danger of impact on the personalities of doctors as they are committing large number of medical malpractices while carrying out their duties.

Now the girl has grown up to 6 years old and her parents had spent time to indulge in the court case. The court decided the case with 3-2 majority and the case has been sent to the County District Court and the parents of the baby girl filed the case for medical compensation to the patient against Dr Rachel Tollefsrud. It was claimed in the medical compensation case that the said doctor was failed to diagnose cancer and he did not check the patient properly. Resultantly, the cancer spread other parts of the body and endangers the life of the baby girl. The negligence of the doctor results into ‘loss of chance’ of the survival of the patient.

The opposing lawyer said that the legal boundaries of the case are not based on the fact. The damage or death done to the patient is not necessary happened due to the negligence of the doctors. He also said that there are some facts, which are out of reach of human being and he cannot have control over them. He also demanded with the court that they should conduct the rehearing of the case. He also said that such decisions can affect the medical professionals to carrying on checking of the patients as these cases will create problems for them. The court heard the case thoroughly and investigated all documents and report. After listening the evidences and arguments of both parties, the court decided the case in the favor of baby girl, who become victim of the negligence of the doctor. The court has also decided that the compensation claim will be calculated under the provision of rules and regulations for the compensation and damages done by this professional negligence.

Government Worries for Work Accidents

Work accidentThere is continuously rising in the work related incidents in Zimbabwe which endanger the life of the workman and labor. The government is also worried a\t this situation that how can these accidents related to work be stopped or curtailed to minimum extent. The government has also conducted a survey of the first four months of this year and report to this effect states that there are about 140 casualties happened and about 1867 people were injured in these incidents. If we compared these figures with the last year same period figure, then we find that there were 35 casualties and 1607 people got serious injuries.

A government official said that it is need of the hour to create awareness among people on the safety and occupational health issues. The government is also worried that the environment in the factories and other work places is also not good for the health of the labor, which tells upon their health which is becoming serious issue day by day. The government and other institutions should take concrete steps to avoid these health worsening situations at the work places. People go to their work places happily and with hopes but they return back with helpless heart and mind as the working conditions are not ideal and they also face different problems which endanger their lives. The work conditions tell upon their health and they become sick and hospitalize some times.

The education level in the schools is very low and training is also not given to the workers to perform their particular duties. Most of the times, factories do not adopt the precautionary measures in order to avoid accidents. The factory owners or other related departments do not give training to the labors for the safety of their lives. They can make mistakes which resulted in to mishap and they can lose their lives or limbs. Recently there was an accident happened in the surrounding area of Zimbabwe capital, Harare. The chemical factory claimed three lives, when some labors were dealing with the chemical. In this tragic accident, while supplying chemical to other entrepreneurs, the chemical caught fire quickly. The flames of the fire were very high and the labor ran to save their lives but unfortunately some labors caught fire. Fire extinguishing equipment were also not available at that time and now arrangement was there to throw water over the fire. About three labors were died and 34 were injured. Some were in very critical condition and they were shifted to the hospital.

The labors made protest against this incident and they raised slogans in their favor to claim compensation claim for their fellow labors. The labors refused to resume their duties and declared that they would be on strike till their demands could not be met. When the situation became intense, then the case was taken to the court for justice. The court investigated the case thoroughly and examined the whole proofs and held the factory owners responsible for this tragic incident as they failed to provide safety measures to the labors which resulted into the loss of three labor and 34 injured. The court set up a committee to calculate the compensation claim keeping in view the injuries and death of the labors.