If you receive a settlement offer before you have spoken with a lawyer, know this happened for a reason. The settlement offer is almost certainly lower than you deserve since the insurance company is a business that is protecting its own interests. Instead of making these mistakes, choose the right personal injury lawyer to represent your legal claim to recover fair compensation for your accident injuries. Read more
According to statistics, the majority of car accident insurance claims are resolved before any lawsuits are filed from either party. And even when a lawsuit is filed, an agreement is reached before a trial takes place.
However, there are cases where an agreement cannot be reached, and when that happens, the trial is necessary. Now you may be wondering what happens if your car accident case goes to trial. There are many rules and regulations that vary from state to state; however, there are also procedures for trials that are common to most states. Read more
Ohio, like every other state, makes it illegal for anyone younger than 21 to purchase alcohol. Consuming and possessing alcohol in public before reaching the age of 21 are also criminal offenses.
It only makes sense, then, that police, prosecutors, and judges in Ohio take charges of operating a vehicle after underage alcohol consumption very seriously. A first-time conviction for driving under the influence while below the legal drinking age can bring all of the following penalties: Read more
No marriage is perfect. In fact, relationships are always good in the beginning. However, the level of mutual understanding and intimacy may eventually fall down for some reasons – mostly due to long-term marital relationships. Statistics show that there is a continuous increase of divorce rate in Australia since 1975, the year when act of Family Law has been declared in the country. This type of principle covers all family-related issues including: relationships (same-sex is involved), financial and property agreements, parenting style, child custody, and divorce. Read more
In the recent past, cyber crimes have become more threatening for individuals, corporates, institutions, and nations. In such times, the law enforcement agencies are finding it difficult to check and prevent the crimes in cyberspace as the perpetrators of the cyber-world are tough to crack and while it incurs a very low cost to carry out a cybercrime, the cost of cracking down or even prevention is extremely high.
Cyberspace, today, is more vulnerable than ever before. As we advance in the technological arena, cyberattacks have gone more sophisticated. The ransomware attacks like WannaCry and Petya have shown the world that cybercrimes aren’t just limited to exposing private information on public platforms anymore, but do have the potential to shatter the global markets and thereby, the economy at a global level.
In the cyber world, it is said that cybercrime has no borders and the fight against it shouldn’t have such demarcations either, but the unfortunate truth is that the world is not on the same page. One country sees good in other’s harm, which is why there is a need to understand that in today’s interconnected world, everyone will have to share the brunt of someone’s loss. Hence, the global powers must collaborate to combat the cyber threat.
If we look at the legal aspect, some laws are still trying to cope up with the various challenges that the cyber world poses. A legal framework for the cyber world was first conceived in India in 1998 through the E-Commerce Act. Afterward, the basic law for cyberspace transactions in India has emerged in the form of the Information Technology Act, 2000. The Act was later amended in the year 2008. Although the IT Act is in place in India since 2000, the solution to cyber crimes is more on paper than on the ground.
If we see from a broad spectrum then we will realize that these things are not just happening with India but it has become a global concern. Cybercrime enforcement comes under the area of legal jurisdiction which creates makes it more complex. It is not that easy to resolve the issue of jurisdiction in cyberspace. It requires efforts from the entire globe. The cyber laws are important as it touches almost all aspects of transactions and activities and anything involving the internet. Interestingly, cyber crimes haven’t yet been defined in any of the Acts in India. So, in our country, it can be understood as a combination of crime and computer. Although, it must be underlined that the I.T. Act does define computer, computer network, data, information, and all other necessary ingredients that form part of cybercrime.
The figures of NCRB have shown an increase in the number of cases registered in the year 2011 against the number of cases that were registered in 2010. The number of cases registered in 2011 under the IT act was about 1791 but out of that only 487 individuals were arrested. There have been reported 496 cases of obscene transmission and publications in electronic form in the year 2011 but only the number of individuals arrested was about 443. This data shows that a need has arisen to make strong laws for such cybercriminals.
It is worth mentioning here that the Information Technology Act, 2000 additionally applies to any crime or contradiction conferred outside India by any individual regardless of his nationality if the act or act constituting the offense or negation includes a computer, computer framework, or system situated in India.
As per Section 1(2) of the Information Technology Act, 2000, the Act applies to the whole of our country and also applies to any offense or contravention committed outside India by any person. Further, Section 75 of the I.T. Act, 2000 also mentions the applicability of the Act for any offense or contravention committed outside India. According to this section, the Act will apply to an offense contravention committed outside India by any person, if the act or conduct constituting the offense or contravention involves a computer, computer system, or computer network located in India.
In a bid to nab the hackers transgressing the border, India has entered into agreements with many nations for legal aid in such criminal cases. Information Technology Act is applied to every one of the people regardless of their nationalities (i.e. to non-residents as well) who confers offense under the Information Technology Act outside India, executed the act or lead constituting the offense or contravention includes computer frameworks or computer systems situated in India under Section 1 and Section 75 of the Information Technology Act, yet this statute lacks practical application unless the individual can be extradited to India. Therefore it’s advised that we should have Extradition treaties among countries.
In a cyber-crime, the computer or the data itself is the target of the hacker and also the instrument. Simplistically, it’s an attack by one computer on the other or others. All such acts of crime come under the definition of cyber-crime.
The crimes are increasingly turning inter-national, especially the cyber-attacks have never been a subject to borders. Many serious offenses now have cross-border implications. Even in cases of traditional crimes, the criminals frequently cross borders to escape prosecution. The extradition of a fugitive from India to a foreign country or vice versa is covered by the provisions of the Extradition Act, 1962.
The very Act forms the legislative basis for this area of law. The Act lays down the first principles of the extradition law. The obligation to extradite criminal’s branches out of treaties or arrangements signed by India, with other countries.
It can’t be disputed that the Information Technology Act, 2000 though provides certain kinds of protections but doesn’t cover all the spheres of I.T, where the protection must be provided. The extradition of cybercriminals is still one of the concerns. India hasn’t been able to nab the perpetrators sitting outside the boundary of the country.
The Budapest Convention on Cybercrime calls for provision for extradition and investigation between nations that are a signatory to it. India, however, had refused to ratify this convention since the provisions were drafted by the developed nations without consulting countries like India. It is crucial to note here, that as per media reports; India is reconsidering its position on becoming a member of the Budapest Convention because of the surge in cybercrimes.
Extradition is usually permissible only for relatively more serious offenses, and not for what the law considers as petty offenses. The underlying principles that govern the extradition law, sometimes, make the process more complicated. The crucial of them are the following — Principle of Reciprocity in exchange of fugitives between requesting and requested State; Principle of Dual Criminality; whether the fugitive is seeking asylum from political persecution and trial for an offense of a political character; and others.
The cyber-world requires an enabling and supportive legal structure in tune with the times. This legal infrastructure can only be given by the enactment of the relevant Cyber laws as the traditional laws have failed to grant the same. E-commerce, the biggest future of the Internet, can only be possible if necessary legal infrastructure compliments the same to enable its remarkable growth.
Medical malpractice occurs when a medical professional fails to provide competent services and causes harm to a patient. It is a common problem in the medical field and, while patient care is the primary concern of most doctors, nurses, etc., sometimes mistakes happen.
If you are a victim of medical malpractice, it is important to understand how and when to file a claim. The laws vary from one state to another, but there are several broad rules that apply in most situations. If you are thinking about filing a medical malpractice case, continue reading to discover some helpful tips and advice.
What Is Medical Malpractice?
The term “medical malpractice” refers to situations in which a health care provider fails to provide appropriate medical treatment or takes an appropriate action, or provides substandard care that results in injury, harm, or death to a patient. It normally involves some type of medical error in diagnosis, health management, prescription dosage, treatment, or aftercare.
According to the Medal Malpractice Center, between 15,000 and 19,000 medical malpractice suits are filed against doctors in the United States annually.
Common Types of Medical Malpractice
Medical malpractice occurs in many forms, and there are numerous situations that can lead to claims. However, most cases fall into one of three categories:
Failure to Diagnose
If a doctor fails to diagnose something that a more competent doctor would have discovered, the patient may have a viable claim. This is also true if a competent doctor would have reached a different diagnose that may have led to a better outcome for the patient.
If a healthcare provider provides treatment that is different from the treatment a competent doctor would prescribe, the patient may have a viable claim. If the doctor prescribes the correct treatment but administers it incorrectly, it could also result in a viable malpractice claim.
Failure to Warn a Patient of Known Risks
Nearly all treatments, medications, procedures, etc. have potential risks. It is a healthcare professional’s responsibility to make sure patients are aware of these risks prior to beginning treatment. This is referred to as the “duty of informed consent.” If a patient would not have gone through with the procedure, if they had been informed of the risk, the doctor may be liable for any harm that occurs as a direct result.
Basic Requirements for a Medical Malpractice Claim
If you are considering filing a medical malpractice claim, you must be able to prove certain things. If you are unable to do so, winning your case is highly unlikely. You must be able to show that:
A Physician-Patient Relationship Existed.
When filing a medical malpractice claim, you must be able to prove that you had a relationship with the healthcare provider you are suing. This basically means that you need to be able to show that you hired a healthcare provider who agreed to be hired. In other words, you can’t sue a doctor for sharing bad medical advice if he or she wasn’t your doctor at the time when the information was shared.
The Healthcare Provider Acted in a Negligent Manner.
Being unhappy with your treatment or results does not necessarily mean that you have a case. In order to prove malpractice, you need to be able to prove that the doctor acted in a negligent manner in connection with your diagnosis, treatment, or aftercare. You must be able to show that you experienced harm that would not have been caused by a competent doctor under the exact same circumstances.
You will likely need to have another medical professional discuss the correct standard of care and explain how the defendant failed to provide that standard during the course of your treatment.
The Negligence Directly Resulted in Your Injury.
Medical malpractice cases often involve patients who were already injured or sick. This leads to questions of whether negligence caused the harm or if it is completely related to a preexisting condition.
If a cancer patient dies, for example, it can be extremely difficult to prove that death occurred as the result of negligence rather than the cancer. In a medical malpractice case, the patient or a representative must be able to prove that it is more likely than not that the doctor’s negligence or incompetence directly caused harm to the patient. This normally means needing to have a medical expert testify that the harm was directly caused by the healthcare provider and not a preexisting condition.
The Injury Caused Specific Damages.
Even if it is abundantly clear that the doctor or other healthcare provider did not provide the expected standard care, a patient can’t sue for malpractice if harm did not occur. When filing and defending a claim, you must be able to show that you are suffering from a specific type of harm, such as mental anguish, physical pain, lost work or lost earning capacity, or additional medical bills. You may need to have a medical expert testify or provide evidence showing that you are suffering from such things as the result of harm caused by a medical practitioner.
Winning a Medical Malpractice Case
Medical malpractice cases are often complex and, because the laws vary from state to state, knowing how to win a case isn’t always easy.
In most states, you need to file the claim quickly. Some require claims to be filed within six months, while others allow up to two years. You may need to submit your claim to a malpractice review panel prior to filing a lawsuit. You may need to give the healthcare provider special notice that you are filing a claim.
Expect to need testimony from experts. Medical malpractice is difficult to prove and having a medical professional (or professionals) on your side who can provide expert testimony is the best way to achieve a favorable outcome.
Don’t try to take on a medical malpractice case on your own. Work with an attorney who is experienced with these cases in your state. The value of an experienced medical malpractice attorney is immeasurable and working with one is the best way to achieve a favorable outcome in your case.
If you or a loved one has been harmed due to a healthcare provider’s negligence, one of the first things to do is to find an experienced medical malpractice lawyer with a history of success. Here are some tips to make the process less overwhelming for you. CHALLENGES FACING VICTIMS OF MEDICAL MALPRACTICE Read more
Rhonda Burgess is the Marketing Director for Kopelman Sitton Law Firm. They specialize in providing personalized, quality representation of those who unfortunately suffered catastrophic injuries and death, or the destruction of property as the result of negligence or misconduct of others.
One of the most critical factors in a personal injury case is whether or not the elements are present. Without the four essential elements, you do not have a case – which means you cannot collect compensation.
These four basic elements are whether the defendant owed you a duty, breached the duty, if the breach caused your injuries, and whether you suffered damages. These elements are established by using a preponderance of the evidence because, as the plaintiff, you carry the burden of proof in an injury claim.
Exploring the Four Elements of Personal Injury
An attorney may refuse to take your case if you do not have the four basic elements, because a court will not grant compensation if these four elements cannot be proven through a preponderance of evidence either.
Here are how these elements play a role in your case:
Duty of Care
Everyone owes a duty of care, but the level of duty depends on the situation. For example, a daycare provider has a legal duty to watch children under her care. A driver must obey traffic signals, safety laws, and not drive while under the influence. A homeowner is required to keep their premises safe for guests.
For you to recover damages against a defendant, you must show that the defendant owed you a duty of care. Without a duty, you have no claim.
Breach of Duty
Once you establish the duty owed, you must then prove that the duty was breached.
Just because you encounter an accident does not mean someone breached his or her duty of care or acted negligently. For example, you fell in a store on a slick surface. But the store staff had placed signs notifying you of the wet surface and were working to clean it up. You ignored those signs and slipped anyway. In this case, the owner of that store is not liable for your injury.
An example of when a defendant breaches his or her duty could be seen in a car accident. Drivers must obey traffic signals as part of their duty of care. A driver that chooses to run a stop sign and causes an accident breached that duty.
Breach of Duty and Causation
Even if someone breaches their duty of care, you must tie that breach to your injuries to collect compensation. If you cannot show through a preponderance of the evidence that the breach directly relates to your injury, you cannot collect compensation.
Likewise, you cannot be mostly responsible for your injuries. If you contribute or cause the injuries, you may receive a reduced amount of compensation or be barred entirely.
Even if the three elements apply, you still must prove that you suffered damages. Without losses, you have no reason to file a claim. Damages depend on the injury and might include medical costs, lost wages, physical pain, mental anguish, or property damage.
Hiring an Attorney Is Key
While you might know the four elements exist, you must prove their existence in court. Therefore, it is best to consult with a personal injury attorney that has experience handling these types of claims.
An injury attorney in your area helps gather evidence and present it to the court to ensure you meet the four basic elements.
While medical malpractice can be difficult to prove, it can be especially difficult to prove such claims in Canada. Research suggests that in Canada approximately 70,000 people a year suffer from a preventable, serious injury as the result of medical treatment, and another 38,000 to 43,000 people die annually as a result of medical malpractice. Despite these statistics and the known issue of doctors failing to perform the functions of their job correctly thereby injuring patients, little is done to hold medical professionals responsible for the harm they cause. Read more
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