Can a Hospital Be Blamed for a Wrongful Death?

Wrongful Death Attorney
Wrongful Death Law

In cases where a person perishes due to medical malpractice in a hospital, the estate of the deceased can file what is termed as a wrongful death lawsuit. The estate can rightfully file a lawsuit and claim compensation for losses. It is generally advisable for them to approach a wrongful death attorney after such an incident because the latter would be able to guide them more clearly through the process. Below is a short discussion on wrongful death cases involving hospitals.

When Does A Hospital Become Liable For Wrongful Death?

A hospital is liable in several ways for the death of any patient it treats. There are two common ways, which are as follows:

  • The carelessness of nurses, physicians or other health care providers who are responsible for caring for the patient and appointed by the hospital.
  • The negligence of the hospital in hiring competent employees and supervising them appropriately, disregard in repair and maintenance of its equipment, and so on.

Liability for the Negligence of Independent Contractors

A hospital is not held responsible for any mishap caused by the negligence of physicians who treated patients, or who operated on patients, unless said physicians are direct employees of the hospital.

Nurses and physicians can also be considered to be independent contractors. Therefore, if they are not employed by the hospital, it does not have any responsibility for the wrongful death. Determining the status of an employee as whether or not an independent contractor is a long legal process. It involves reviewing the contract between the hospital and the concerned nurse or the doctor, and also comprises of knowing the amount of control the hospital exercises over the physician’s job and working conditions.

Generally, the more control the employer exerts over the doctor who claims to be an independent contractor, the higher the possibility that the doctor was an employee of the hospital. Due to the complexity of the issue, it is typically recommended to approach a lawyer regarding the case.

Negligence by Physicians Employed At the Hospital

The most common types of physician negligence include the following.

  • Negligence affecting pregnancy and childbirth
  • Misdiagnosis
  • Surgical Errors
  • Mistakes in prescribing or administering medication

If the physician works for the hospital and is still negligent, leading to the death of a patient, the hospital would be responsible for the wrongful death. Overall, confirming the responsibility of the hospital is in itself a complicated legal process. Make sure you consult an experienced lawyer for the legal proceedings therein.

Malpractice by Hospital Nurses

Nurses owe patients an independent professional duty of care and can commit malpractice just like a physician can. They perform many different types of tasks which are related to a patient’s treatment. Serious nursing mistakes have been known to cause the deaths of patients. Some of the most significant types of nursing errors are as follows.

  • Failure to monitor a patient’s vital signs properly
  • Failure to properly enter the patient’s nursing record into the proper chart
  • Administering the wrong type or wrong amount of medication
  • Administering medication at the wrong time
  • Failure to check a patient for bed sores, and
  • Failure to report suspicious symptoms and complaints to the physician in charge.

Should I Sue the Hospital If the Doctor Was Negligent?

A hospital may be legally liable for a doctor’s negligence and patient’s wrongful death, but is it really necessary to sue the hospital and the doctor? The decision whether to sue based on the doctor’s negligence is more of a tactical than a legal decision.

In most cases, your lawyer will make that decision based on the amount of the malpractice insurance coverage he or she carries. If the doctor has enough malpractice coverage, then your lawyer may very well not sue the hospital. The reason for this is that you don’t want to have to face any more defense attorneys than you have to.

If you sue the hospital and the doctor, the insurance company will appoint separate lawyers for each. That means that there will be two, not one, defense attorneys thinking about how to beat you, which you do not want. You only want to deal with one defense attorney, not two, if you can possibly help it.

Different Types of Window Designs

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Window Designs Ideas

A window style is not something you can decide so easily. It requires careful planning, considering all your preferences and requirements. Windows are responsible for the air circulation as well as the entry of daylight. Therefore, you need to consider various designs available before finalizing the one for your home. Below are some of the top window designs provided by contractors in Canoga Park.

Fixed Windows

Fixed windows are ones that are unable to swing or glide from their position as they are completely fixed to a frame. In case you need good air circulation, these are definitely not the choice.

These windows are usually coupled with double-hung casements and are fixed beneath awnings or hoppers. These come in all size and shapes such as round, square, trapezoid, and half-round. These are relatively low priced and are energy efficient.

Awning Windows

Awning windows are made in such a way that they allow the water to slide away from the window opening. These are hinged at the top and are opened outwards. They are commonly used in cabins, garages, or other places where ventilation is of primary importance rather than beauty. These are mostly found in southern design styles and are provided by Trig builders.

Casement Windows

Casement windows are identified as those that open outwards and are hinged to the sides. It resembles a door in its operation. It lacks a rail and is, therefore, referred to as a picture window. It is possible to push it with a hand crank. Besides, it usually has screens on display along the inner side for protection. As a result, these windows are usually installed above countertops, appliances, and sinks.

Double-Hung and Single-Hung Windows

Double-hung windows are those opened vertically. They have a couple of panes and both of them are functional. They move parallel to each other. These are a perfect fit for your home if you plan to let air inside through both upper and lower halves of the window. Besides, they bring a traditional look to your home.

Single-hung windows, on the other hand, have only one movable pane which is the lower one. It moves parallel to the upper pane. These are cheaper in comparison to the double-hung windows.

Windows are an essential part of any room. The overall mood and energy of a room is determined by the air and sunshine present in the room and windows play a major role in this. It is essential that you choose the right window for your needs before finalizing one for installation.

Some Uncommon Facts about California Wrongful Death Law

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Wrongful Death Lawyers

California wrongful death laws are easily accessible through the internet. You can research and understand the basics by scouring through them. However, there are a few rules that might not be easily understood by an average citizen. These laws become crucial if you are looking to file a wrongful death lawsuit after the death of someone close to you. Below are some of the lesser known facts about the wrongful death laws in California.

You Can Only File A Wrongful Death Lawsuit In A Combined Way

One of the different and unexpected features of the wrongful death law of California is that all the claimants involved in a wrongful death case should file a lawsuit together.

This law is to make sure that there is no more than one legal action against the party responsible for the offense. Wrongful death lawyers in California say that this rule enforces California’s “one action rule.” This law also makes sure that the party accused of causing the deaths do not have to worry about facing multiple lawsuits at the same time.

Furthermore, this removes the possibility of incurring inconsistent court decisions and legal outcomes. For instance, different members of the same family might get different outcomes in the same death related incident if there were multiple lawsuits allowed. This would only compound the outcomes of the lawsuit.

According to the “one action rule” of California, the claimant has to include all the heirs within the lawsuit. Bear in mind that this is a difficult task. It is advisable that you consult wrongful death lawyers to seek guidance in such cases.

Death Of Child Yet To Be Born, Or Suicide Does Not Count

Not every case of death allows the family members to register a wrongful death claim. According to the wrongful death laws of California, people are not entitled to file a lawsuit over the death of a fetus or an unborn child. An unborn child is not included in the range of a person when it comes to the wrongful death statute of the state, according to the law.

If there are deaths arising from an enforced homicide, there is no possibility of filing a wrongful death lawsuit against the party that caused it.

Similarly, suicides are not included in the wrongful death laws of California. Note that if the family of the deceased are able to prove the duty of care owed by the responsible party to the deceased, there is a possibility of claiming compensation for the death.

The Rate of Recurrence of a Medical Error Due To Measurement Systems

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Wrongful Death Cases

When receiving the medication in a medical facility in the United States of America, the last thing in a patient’s mind will be a dosage calculation mistake. To make things worse, there are instances where this happens because of something more than a miscalculation. This is often considered to be because of hesitance on the nation’s part to fully adopt the metric system. Several people make a case for the change to the system owing to the data suggesting the number of mistakes happening because of this.

Usually, drug dosage depends on the weight of a patient. In addition, if there is a mistake in pounds to kilograms conversation, then it could lead to drug overdose in them. While the increase in health records being stored electronically has considerably reduced the paper clutter, this has resulted in mathematical errors too because of a failure in changing the default values. A patient safety nonprofit has listed errors in the pounds to kilograms conversion as one safety concern patients should have. These errors occur because of many reasons. Some are human errors, such as the incorrect conversion of numbers and mistaken settings.

Several medical entities comprising the American Academy of Pediatrics, Centers for Disease Control and Prevention, and Institute for Safe Medication Practices have advocated for the switch to the above-mentioned system. This can especially be important to infants. While the switch has been made in some medical facilities, others are reluctant to do it in large part due to the new equipment purchase cost. A study of over 63,000 medication mistakes in very young kids between 2002 and 2012 has shown that about 20% were dosage related ones. There has been a rise in occurrences of these errors by 67% since the year 2002. A bit more than 8% was because of confusion about how the values were measured. That is a rise of 84%.

Although the studies have focused on kids, these calculation mishaps can occur to adults too. Considering the possibility for the loss of life by a mistake such as a wrongly measured switch from one measurement system to the other, it is important for everyone to be wary of the potential thereof. If there has been any case of fatality or worsened medical condition due to this kind of mistake, then speaking to one who is experienced and skilled in wrongful death litigation is advisable.

How Manslaughter and Wrongful Death Differs

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Wrongful Death Attorney

If you feel that someone you love died because of something another party did, then you might just be able to file one wrongful death lawsuit. It is also possible that there is a manslaughter element in your case. Note that both manslaughter and wrongful death lawsuits are possible at once. If a manslaughter lawsuit has resulted in the defendant’s acquittal, then you might still be able to take the other route. First things first, you must understand the definitions of both murder and manslaughter.

What is Manslaughter

Basically, this is the unjustifiable and inexcusable killing of another person without malice, deliberation and premeditation. It can be involuntary or voluntary manslaughter. The latter is an offence, but in contrast to popular belief, it is no less significant form of murder. In fact, the difference between both is that murder should involve “malice afterthought”, while it may be absent in manslaughter. As such, the latter is a relatively less serious offence. However, it is extremely different from justifiable or excusable killing, which entails a much lesser punishment, and at times it carries none at all.

Understanding the distinction between involuntary and voluntary manslaughter is important, and this is also defined by general law. In the case of the former, there was no intent involved to induce serious physical harm or even demise. However, the latter does not entail this intent. If premeditation or deliberation is present, then it becomes a murder case. In many states, the terms “involuntary” and “voluntary” does not exist anymore; rather, they speak of manslaughter of different degrees.

What is Wrongful Death

In contrast to manslaughter, filing a wrongful demise lawsuit is no criminal proceeding, but a civil one. The loved one(s) of the demised person can file it. If you are entitled to do so, then you should rather do it as soon as possible. That is because there is a timeframe within which you have to file the lawsuit, except as otherwise provided by statute. In California, this deadline is two years, but there could be situations where one may be entitled to file it even after the timeframe has passed.

Wrongful death actually comes under the US tort law. The term “tort” refers to a civil wrong. In civil law, tort is a reason for a lawsuit to compensate a party for any injuries or damages suffered.

How Web Hosting Affects Search Engine Optimization

Search Engine Optimization
Web Hosting Facts

Web hosting, or a company that provides the service, is what lets internet users view a site. These companies have the appropriate technology to support the information on a site, and make the content available for people. Besides, you have to renew or update hosting services, depending upon the length of your subscription. To learn more about the affects of Search Engine Optimization by web hosting visit our site.

Downtime and Uptime Affect SEO

One would want their site to be live as well as running, as customers may visit it any time. When your site is down, they will not able to access it. Frequent inaccessibility of a website will make Google to flag it as unreliable. The search engine will not give a high ranking to a site that is down very often, as that will ruin its own reputation. Remember, search engines wish to show the best search results possible.

While selecting a web hosting service, it is important to understand its average uptime. The more the uptime, the more you will earn. Whenever you face issues with site accessibility, it is best to get in touch with your service provider to get a solution for your particular issue.

Website Speed is Also a Ranking Factor Affected by a Web Hosting Service

Apart from luring customers and being accessible, a site must also load up at a reasonable time. It has to be quick enough that visitors will not run out of patience and exit. Usually, it is questions on anything, which leads a customer to your site in the first place. So when there are other sites related to your industry, they have the option to go somewhere else for their requirement.

A good web hosting service is one that loads the information quickly and allows audiences to navigate websites with ease, and if that is the case, your site will get a good review as well as will be ranked higher.

Many in the SEO segment feel that loading speed is in and of itself a ranking factor; thus, the quicker your site loads up, the better ranking sign it is. Customers hate to wait in this day and age, where high-end technologies such as 5G exists, and with smart devices to boot. So make sure that you optimize your site properly with image compression, caching, the latest software, and so forth. You can also get in touch with SEO experts to take care of the optimization part for you.

5 Things to Understand When Hiring Wrongful Death Attorneys

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Wrongful Death Lawyers

An adept attorney combines his or her knowledge, experience, as well as compassion to assert the rights of their client and get the compensation they deserve. A good lawyer is not just organized, experienced, and knowledgeable but also has the fire to advocate for just compensation for clients. Having a lawyer who is capable of handling wrongful death cases is important, though it is equally important to choose one with whom clients can have or build a rapport. When one consults with an attorney or wrongful death law firm, there are some essential matters that should they should get to know. These matters are as follows.

Track Record

Ask how many legal matters the wrongful death law firm has handled and how they have panned out. Find out the number of cases they took to trial as opposed to the number of disputes they managed to settle out of court. Whether trial or settlement, an attorney should see it through with the backing of his or her experience.

Caseload

One has to be certain that a lawyer will also be able to devote sufficient time as well as attention to their case for it to be successful. In addition, it is essential to ensure there is qualified staff to assist him or her. Make it a point to know there is a competent attorney or team of lawyers having the time to work upon a wrongful death case, even when it goes to trial.

Client Communication

For a layman, legal claims can be quite complicated. Therefore, a client will have many questions on their mind. One needs a lawyer who is going to answer as well as explain everything to them clearly.

Fee Policy

Most wrongful death or personal injury lawyer do not necessarily ask for payments until the case’s completion. They will be compensated for their services through one portion of its settlement amount or judgment amount.

Client Testimonials

Reputation is as important as any quality in the legal profession. Some lawyers get clients thanks to their outstanding work in a sensational case or two, and that has become news. Reading client testimonials can also be an assurance a law firm or lawyer has what it takes to handle a case.

Death or Injury by Electrocution at a Construction Site

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Wrongful Death Lawsuit

Electrical accidents rate among the leading causes of injuries caused in construction sites these days. Most fatalities caused this way are shown to have been preventable, if only a person or persons had done their job properly. That means they failed to follow the OSHA regulations in place regarding electrical safety.

An attorney handling a case of this sort could help injured workers legally pursue and secure the compensation they are owed. An electrocution lawsuit, if litigated sufficiently well, can win the victims enough restitution to cover their losses in the way of medical expenses, loss of future earnings, lost wages, etc., by proving beyond doubt that the defendant was responsible for these losses.

Electrocution Happening on Construction Sites

Electrocution ranks fourth among occupational injury death causes in the country. Millions of construction workers die every year as a result of malfunctioning equipment, faulty power lines, and underground wires. Such deaths also constitute a significant portion of the ones occurring at construction sites, with research showing “live” wiring and electrical machinery as the main culprit in over half of the cases.

It stands to reason that such situations, and consequent injury or death, could have been avoided by properly locking out or de-energizing equipment and circuits before work began. A competent wrongful death attorney would work to ensure that victims or their survivors receive their just entitlements under state law.

Electrical Injury Types

As per the classification put forward by the Occupational Safety and Health Administration, electrical injuries can be classified into the following four types.

  • Electrical Burns:In this type of injury, the current burns the victim’s tissue while coursing through their body
  • Falls Resulting From Electric Shock: When a person loses muscle control from an electric shock or an explosion, and this results in them falling from platforms
  • Electrical Shock: Current of strength as low as 50 volts can result in muscle spasms capable of stopping a person’s heart, and temporarily halting breathing
  • Fatal Electrocution – An electrical injury of such severity that it brings about multi-organ failure as well as, in some cases, death.

Electrocution Deaths at a Construction Site

  • Electrocution figures inside the “fatal four” when it concerns workers in the construction industry. It causes over half of the worker deaths that occur in the country.
  • Live machinery and wiring, and electrical sources, have almost consistently landed among the top OSHA violations cited.
  • Since construction workers normally come in contact with energized equipment and sources a lot, there is constant danger of electrocution which needs to be factored in.

Causes of Electrocution at a Construction Site

Of the OSHA violations cited with regard to construction sites, improper electrical equipment and circuitry grounding is one of the most common ones. The following factors have been shown to majorly play into construction electrocution deaths.

  • Lack of fault circuit interrupters
  • Shock caused by underground power lines
  • Direct contact with power lines running overhead
  • Touching a live power source, lighting fixture, or transformers
  • Improperly installed electrical wiring and equipment
  • Touching live parts on machinery or appliances
  • Touching exposed conductors
  • Being exposed to faulty equipment

There has been some progress with regard to reducing the number of electrocutions that occur on construction sites, but significant additional efforts are required to make sure no one gets injured.

The Long-Term Effects

A lot of constructions workers who sustain electrical shock or burns are forced to see their quality of life decline after the fact. Many find it impossible to earn at the same income level, and consequently, to support their families. Several irreversible problems such as loss of hearing and vision, nerve damage, brain injury, cardiovascular problems, etc., fall into the list of long-term consequences resulting from an electrical injury. The following factors often determine how severe said injury would be.

  • Voltage level of the current
  • The amount of time for which the worker was in contact with the current
  • Whether or not there was conductive moisture present on the person’s body, or in the environment
  • The injured person’s current heart cycle at the time of the incident

Many construction site electrocution incidents are followed by the injured worker suing the company or an employee for compensation, which covers their medical expenses as well as loss of income. Investigations may be conducted from the premises liability perspective, and legal action can be taken based on that. The employer is legally required to reduce hazards using means such as maintenance, proper training, inspections, and replacements.

Workers who are injured while working would be eligible to pursue and win significant compensation. In the case of shock-induced death, the family of the victim can bring a wrongful death lawsuit against the company, and if they win, get awarded compensation seen as sufficient by the court.

Right to a Civil Jury under California Law vs. Federal Law

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Wrongful Death Attorney

In California, both federal and state laws may apply when it comes to wrongful death cases. Parties in litigation have the right to a civil jury when a case has arisen at common law, and when statute provides a jury. Neither cases at equity, nor those without common law analogy, etc.) require a jury under either system.

The federal legal system assigns more importance to the right to a jury, owing to a peculiarity in how Federal Constitutional Law evolved. This right is included in the Bill of Rights, which was sanctioned in 1791, and initially restricted the federal government alone. At the onset, there was no guarantee of individual states being bound in this regard. Following the Civil War and the ratification of the 14th Amendment, Bill of Rights protections were incorporated by the Supreme Court, and applied against all states. However, these do not include the right to having a civil jury preside over your case. In many circumstances, California courts have a lot of room to exclude juries altogether.

When a lawsuit comes to federal court, and concerns both common law claims and equitable claims, the court is not allowed to decide the latter in a way that limits the former. Legal claims will first need to be presented to the jury, and the judge decides the remaining claims. When an equitable issue infringes on a jury-triable claim, the judge is not allowed to decide the former. This system holds the right to a jury remains as an overriding interest.

California case law has the opposite goal, and holds a strong preference for placing equitable claims in trial to a judge, before a jury has chance to preside. Efficiency is the main objective here. After an equitable cause of action has been decided, the judge then moves on to decide issues that overlie jury-triable claims. This is something they can do which a federal judge cannot, and it often narrows or eliminates issues, which would otherwise have passed to the jury.

Even something as apparently trivial as failing to announce a jury requirement can deprive you of the chance to achieve maximum compensation. Having a competent wrongful death attorney on your side can be instrumental in ensuring you do not accidentally waive your right to a jury in a civil action.

Types of Damages Generally Granted in Wrongful Death Lawsuits

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Wrongful Death Lawsuits

Every wrongful death case in the US is different, and there are numerous factors, that could possibly dictate each case’s value. The following are the general types of damages one could seek in a case of wrongful death.

Medical Bills

In several wrongful death cases, it is likely the decedent spent many days in the hospital or even longer, undergoing surgeries and getting treatment. He or she may have got emergency transportation as well as other treatments. Often, these bills add up and place a lot of financial stress upon the surviving family members. These economic damages could be claimed by one of them, who is entitled to do so, in a wrongful death suit.

Funeral and Burial Expenses

The costs relating to both funeral and burial could possibly be very high and even amount to thousands of dollars. They are also economic damages survivors of deceased people can claim in a wrongful death lawsuit.

Loss of Income

This is another essential aspect of the damages. In order to determine their right amount, the deceased person’s anticipated income (had the person lived) has to be calculated. His or her health and life expectancy, alongside inflation, are some of the elements that have to be taken into account. This category could include loss of benefits besides wages like healthcare, retirement benefits, pensions, as well as social security income.

Loss of Care

If the deceased was actually a “stay-at-home” parent, then the survivors could get compensation for the burden of financial nature the loss of that person would put upon the family. In addition, costs of housekeeping, childcare, as well as other domestic services sought could be comprised in this category.

Pain and Suffering

This type of damages could be awarded in significant wrongful death cases. They are intended to compensate for survivors’ pain and suffering following their loved one’s passing away. This one falls under the non-economic damages category. Any of the experienced wrongful death lawyers will surely be able to calculate damages such as these.

Punitive Damages

Punitive damages are granted in wrongful death cases where the kind of negligence upon the defendant’s part was particularly egregious. They are often granted in those arising from defective products where their manufacturer knew it was either dangerous or faulty, but failed to recall them all from the market or warn consumers of the dangers thereof.