BIRTH INJURY |
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Occasionally during the birth process, the baby may suffer a physical injury that is simply the result of being born. This is sometimes called birth trauma or birth injury. 1 in 200 babies is born with some form of birth injury, and many of these cases may have been caused by medical negligence.
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CLAIMS |
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A claim is a legal action to obtain money, property or the enforcement of a right protected by law against another party.
Individuals and businesses purchase insurance policies to protect against monetary losses. In the event of a loss, policyholders submit claims, or requests for payment, seeking compensation for their loss. Adjusters, appraisers, examiners, and investigators work primarily for property and casualty insurance companies, for whom they handle a wide variety of claims alleging property damage, liability, or bodily injury. Their main role is to investigate the claims, negotiate settlements, and authorize payments to claimants, all the while mindful not to violate the claimants rights under Federal and State privacy laws. They must determine whether the customers insurance policy covers the loss and how much of the loss should be paid to the claimant. Although many adjusters, appraisers, examiners, and investigators have overlapping functions and may even perform the same job, the insurance industry generally assigns specific roles to each of these claims workers.
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DAMAGES |
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In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm.
Generally, there are three kinds of damages: special damages, general damages, and punitive damages. Special damages are the enumerable or quantifiable monetary costs or losses suffered by the plaintiff, or the compensation therefore. For example, medical costs, repair or replacement of damaged property, lost wages, lost earning potential, loss of business, loss of irreplaceable items, loss of support, etc. General damages are items of harm or loss suffered, for which only a subjective value may be attached. Examples of this include personal injury, physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc.
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ENGINEERING - ELECTRICAL |
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Electrical engineering (sometimes referred to as electrical and electronics engineering) is a professional engineering discipline that deals with the study and application of electricity, electronics and electromagnetism. The field first became an identifiable occupation in the late nineteenth century with the commercialization of the electric telegraph and electrical power supply. The field now covers a range of sub-disciplines including those that deal with power, control systems, electronics and telecommunications.
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FORENSIC PATHOLOGY |
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Forensic Pathology is the branch of medical science that uses medical knowledge for legal purposes. The forensic pathologist performs autopsies to determine the cause and manner of death in situations falling under the jurisdiction of the local medical examiner or coroner. It can also include the examination of tissues, wounds and injuries due to crime or negligence.
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INFORMED CONSENT |
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Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of any actions. The individual needs to be in possession of all of his faculties, such as not mentally retarded or mentally ill, without an impairment of judgment at the time of consenting. Impairments include sleep, illness, intoxication, drunkenness, using drugs or other health problems.
Some acts cannot legally take place because of a lack of informed consent. In other cases, consent of someone on behalf of a person, not considered able to have informed consent, is valid. Examples of this include the parents or legal guardians of a child and caregivers for the mentally ill.
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INSURANCE - GENERAL |
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General insurance policies, including automobile and homeowners policies, provide payments depending on the loss from a particular financial event. General insurance typically comprises any insurance that is not determined to be life insurance, and is called property and casualty insurance in the U.S..
In the UK, General insurance is broadly divided into three areas; personal lines, commercial lines and London market.
The London market insures with large commercial risks, for example insuring supermarkets, football players and other very specific risks.
Commercial lines products are usually designed for relatively small legal entities. These would include workers comp (employers liability), public liability, product liability, commercial fleet and other general insurance products sold in a relatively standard fashion to many organisations.
Personal lines products are designed to be sold in large quantities. This would include autos (private car), homeowners (household), pet insurance, creditor insurance and others.
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INSURANCE - PERSONAL INJURY PROTECTION (PIP) |
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Personal Injury Protection (PIP) is an extension of car insurance available in some American states, which covers medical expenses and, in some cases, lost wages and other damages. PIP pays off regardless of who is at fault and is mandatory in some states, especially those with no-fault laws.
PIP can cover within the specified limits, the medical, hospital and funeral expenses of the insured, others in his vehicles and pedestrians struck by him. The basic coverage for the insured's own injuries on a first-party basis, without regard to fault. It is only available in certain states.
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LASIK |
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LASIK, an acronym for Laser-assisted In Situ Keratomileusis, is a form of refractive laser eye surgery procedure performed by ophthalmologists intended for correcting vision. The procedure is usually a preferred alternative to photorefractive keratectomy, PRK, as it requires less time for full recovery, and the patient experiences less pain overall.
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MALPRACTICE, DENTAL |
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In law, dental malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a dental professional, under a duty to act, fails to follow generally accepted professional dental standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.
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MALPRACTICE, HOSPITAL |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, MEDICAL |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, NURSING |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PARAMEDIC |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PSYCHIATRY |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MALPRACTICE, PSYCHOLOGY |
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The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word malpractice has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
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MEDICAL LIENS |
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As all healthcare providers know, patients do not always have the present financial ability to cover the cost of their medical bills. In cases involving injury to a patient through the negligence of another, healthcare professionals can employ medical liens to secure payment for their services. Medical liens can be created in two different ways: 1) by contract and 2) by operation of law. This article will briefly touch on contractual liens while focusing on the express statutory language which create liens through the operation of law.
Find MEDICAL LIENS experts and consultants for MEDICAL LIENS litigation support. Available to be MEDICAL LIENS expert witnesses and provide MEDICAL LIENS forensic consulting in MEDICAL LIENS litigation, in addition prepare MEDICAL LIENS expert witness reports for use in deposition and/or in-court trial testimony.
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MEDICO-LEGAL |
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The plaintiff has the burden of proof. Expert witnesses are usually required to testify as to practice standards, while lay witnesses must confine their testimony to facts they perceived with their own senses. To be qualified as an expert, a person must have a sufficient level of education, training, and experience in the relevant field, and it must be shown that their testimony will assist the judge and/or jury in determining a contested issue. The law requires that lay jurors or judges, being untrained in medicine, must accept expert evidence as to whether the provider deviated from the requisite standards but since the plaintiff and the defendant will usually each hire their own experts, there will be conflicting opinions.
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MOTOR VEHICLE ACCIDENT MVA |
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Motor-vehicle collisions are damaging events involving road traffic, particularly automobiles. They can cause damage to vehicles, people or structures. Motor-vehicle collisions also called traffic collisions, auto accidents, road accidents, car accidents, personal injury collisions, motor vehicle acccidents, and (particularly by American radio traffic reporters) crashes kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.
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NURSING HOMES - GERIATRICS |
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A nursing home or skilled nursing facility (SNF) is a place of residence for people who require constant nursing care and have significant Activity of Daily Living (ADL) deficiencies. Residents include the elderly and younger adults with physical disabilities. Adults 18 or older can stay in a skilled nursing facility to receive physical, occupational, and other rehabilitative therapies following an accident or illness. In the US, nursing homes are required to have a licensed nurse on duty 24 hours a day, and during at least one shift each day, one of those nurses must be a Registered Nurse. In April, 2005 there were a total of 16,094 nursing homes in the United States, down from 16,516 in December, 2002. Some states have nursing homes that are considered NF or nursing facility......these homes do not have beds certified for Medicare patients, but can only treat patients whose payments source is Private Pay or Medicaid.
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POLLUTION |
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Pollution is the release of environmental contaminants. Carbon monoxide, sulfur dioxide, chlorofluorocarbons (CFCs), and nitrogen oxides produced by industry and motor vehicles are common air pollutants. Sunlight converts nitrogen oxides and hydrocarbons to ozone or smog. Water pollutants may consist of a wide range of organic and inorganic chemicals such as heavy metals, petrochemicals, chloroform, and bacteria. Water pollution may also occur in the form of thermal pollution and dissolved oxygen depletion. Soil contamination is an important aspect of environmental pollution; this phenomenon occurs when chemicals are released by spill or underground storage tank leakage. Among the most significant soil contaminants are hydrocarbons, heavy metals, MTBE, herbicides, pesticides and chlorinated hydrocarbons. The U.S., Russia, China and Japan are the world leaders in air pollution emissions; however, Canada is the number two country on a per capita basis.
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PRODUCT LIABILITY |
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Product liability can mean a defective product that has caused you a injury or an illness. Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product.
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PROFESSIONAL LIABILITY |
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In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
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REINSURANCE |
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Reinsurance is a means by which an insurance company (called the reinsured, ceding company or cedant) shares the risk of loss with another insurance company (called the reinsurer).
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TORT LAWSUITS |
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In the common law, a tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case. The term itself comes from Law French and means, literally, "a wrong". In the French language, the phrase avoir tort translates to "to be wrong". The equivalent body of law in civil law legal systems is delict. A tort is a breach of a non-contractual duty potentially owed to the entire world, imposed by law. The majority of legal claims are brought in tort.
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USE OF FORCE |
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The use of force to settle conflicts is much debated in theory and in practice (see moral philosophy, ethics).When a conflict is viewed as being between parties having the same standing, observers often recommend the use of negotiation or other "conflict resolution" techniques. When a conflict is viewed as being between a law-breaker and a law-enforcer, observers tend to side with the enforcer (but with important exceptions). Analysis of conflicts, and of when and where it is legitimate for an involved (or intervening) party to use force to settle it, quickly becomes complicated.
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WORKERS COMPENSATION |
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Workers compensation systems (workers comp or compo) provide for financial compensation for work-related injuries of employees, in particular compensation of loss of wages, sometimes also for medical costs. These laws are usually a feature of highly developed industrial societies. Employees compensation laws are often only implemented after long and hard fought struggles by trade unions, particularly in early industrialisation. There are often benefits available to dependents of workers killed on the job as well.
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