Articles Tagged with legal

The holiday season is a busy time for all, especially shoppers as they scourge the shelves for the best deals in sight. But with all the commotion in the store, it can be easy to forget the dangers outside.

This holiday season, don’t become a victim. Use our SMART tips for safe holiday shopping to avoid becoming the target of a potential crime.

S – Shop with a friend or family member, preferably during the daytime. Traveling with another increases your awareness while reducing the opportunity for a criminal. Less visibility makes nighttime shopping a dangerous activity.

Thanksgiving feasts and days spent with family mark the official start to our holiday season each year. According to the Department of Transportation, Thanksgiving is also the busiest time of the year, with more than 35 million people traveling by car to visit family and friends.

Combine distractions of a family road trip and an increase in traffic, and accidents are bound to happen.

Before you hop behind the wheel this Thanksgiving, check out our 10 tips for travel to ensure a safe and happy holiday:

Although the number of workplace injuries has fallen since 2011, according to the Bureau of Labor Statistics, the risk of injury or illness remains high for employees in air transportation, public sector construction, nursing homes, and some other jobs.

If you were injured while on the job, you may be entitled to workers’ compensation benefits. Depending on the severity of your injury, your employer could be held liable for lost wages, medical expenses, rehabilitation costs, and benefits to your dependents.

Take these steps after a workplace injury to ensure your claim is properly established:

Property owners have a duty to provide a reasonably safe environment for other who may enter their establishment. In the legal world, we call this premises liability.

When someone is injured on another person’s property and sues, courts first seek to determine whether the injured was allowed on the premises. If the owner consents to a person’s entry on the property, the person is deemed an invitee or licensee. When consent is not given, the person is considered a trespasser.

A property owner may be liable for injuries of an invitee or licensee if: 

When a loved one is in need of medical care, it is important to research all the options and choose a provider you feel comfortable with. Unfortunately, mistakes can happen, even with a carefully chosen healthcare provider.

Medical malpractice occurs when a provider, usually a doctor or hospital, fails to administer treatment that meets the customary standard of health care. Through medical negligence or misdiagnosis, malpractice may result in injury or wrongful death of a patient. In a medical malpractice case, the doctor, hospital, health facility, or government agency in charge of health care center may all be held accountable.

Recently, the U.S. Department of Veterans Affairs paid $91.7 million in malpractice claims, making this the largest judgment against a government agency in 12 years. Gross negligence, missed diagnoses, delayed treatment, and procedures performed on the wrong body parts were cited as the major medical mistakes of the government agency.

When property owners become neglectful, they can unknowingly create a dangerous situation. “Slip and fall” accidents can happen anywhere. Falls that occur inside could be the result of bad flooring, wet walkways, poorly lit steps, or hidden defects. Icy patches, cracks in the sidewalk, weather-related conditions, and potholes are the most common causes of slip and fall accidents outdoors.

Fortunately, falls often result in minor injuries that heal quickly. However, slip and fall accidents have caused severe, debilitating problems, including head, brain, and spinal cord injury, herniated disc, bone fractures or breaks, and sprains. The neck, shoulder, and knee are also major areas prone to injury during a fall.

Property owners with dangerous conditions on their premises may be liable for accidents if they are aware of the conditions and take no action to fix them. The most common conditions attributed to owner negligence include:

According to WSAV.com, the family of former Lee County Commissioner, who was shot a year ago, has filed a wrongful death lawsuit against the company that was monitoring the electronic device that the suspect was ordered to wear.

The company was responsible for monitoring the suspect’s house arrest anklet but did not take action when the suspect violated the terms of house arrest. The Lee County family is alleging negligence on the part of the monitoring company.

If you and your family are experiencing pain and suffering due to a loved one’s death and feel that a third party is responsible for your loss, please contact McAleer Law to get the justice you deserve.

According to the CBS Evening News, GlaxoSmithKline- a British pharmaceutical company- has been ordered to pay $3 billion in a settlement after an investigation of its sales and marketing practices.

The Washington Post stated that the investigation spanned seven years, with analysis of marketing practices for 10 well-known GlaxoSmithKline drugs. The investigation also questioned possible Medicaid reimbursement fraud.

“The settlement [is] the largest yet in a wave of federal cases against pharmaceutical companies accused of illegal marketing, surpassing the previous record of $2.3 billion paid by Pfizer in 2009,” as reported by New York Times.

A teenager was left permanently paralyzed from the waist down after an epidural anesthetic was left in her spine for too long. The young woman was 14 years old when she went in for a routine operation to remove gallstones.

During the patient’s hospital stay, the hospital staff had been told that the numbness had spread to both her legs and she was unable to move her feet. The anesthetic was not removed until 48 hours after the patient’s operation, by which time it had entered the girl’s spinal cord and damaged the membrane.

The girl’s attorney said that the hospital’s full admission of liability now paves the way for a settlement of this medical malpractice claim that will provide the girl with the financial support she will need to pay for specialist care and equipment for the rest of her life.

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