Johnny CH Chang Attorney

Injury Claims Lawyer

Johnny CH Chang Attorney - Injury Claims Lawyer

The Incidence Of Medical Negligence Claims

medical negligenceMedical negligence claims occur when and omission or an act occurs by a medical professional where the treatment or care is below the standards that are generally accepted for that treatment and the patient is harmed, injured or dies as a result of error in the medical procure and care.

When we put ourselves in the care of a medical professional, it is expected that we will be treated in accordance with generally accepted standards, which means that normal procedures will be conducted that meets the standards that have been set in place so that any such mistakes are avoided.

After all, the patient is 100 percent vulnerable during a surgical procedure and totally helpless against any mistakes or harmful negligence. It is expected that the medical professional will act in accordance with the training that has been received and the patient will be in safe hands.

Each year there are between 15 and 19 thousand malpractice suits that are filed against doctors. These figures most likely do not reveal all of the actual treatment failures that take place, because there are many incidents that are documented as something else as opposed to being documented as a failed treatment. There is wide acceptance that many of the treatment failures are not documented accurately and falsified knowingly.

From a legal standpoint, there is a duty that is owed to any patient that places him or herself under the care of any medical professional. If the provider, which would be a doctor, nursing professional, or a hospital, fails to provide care that meets the prevailing standard of care for that condition, there is a breach of that duty that occurs.

Another form of medical negligence claims stems from a deviation from the accepted medical standard. In this instance, it must be shown that the medical professional was performing in a manner that was different or contrary from the generally accepted standards of his or her profession.

Then finally, there must have been damage, or some kind of loss that occurred. The loss can be an emotional loss or a pecuniary loss, otherwise there is no real basis for a claim to have occurred. If there is no damage, then it doesn’t really matter whether the medical professional was negligent or not.

The burden of proof that an incident actually occurred is on the plaintiff of the case, and in a court situation there must be a preponderance of proof in order for the plaintiff to prevail.

Many such trials will feature expert witness who will be brought into the trial by both sides to testify as to what the accepted procedure from a medical standpoint should be, and whether or not that procedure was followed by the medical professional. Expert witnesses must be qualified by the court and must have sufficient knowledge and experience to be able to speak on the subject.

Even though there are thousands of incidents that are buried in the files of a hospital or doctor’s office, the possibility of medical liability certainly keeps everyone on their toes as far as an incentive to avoid any possibility of such an incident occurring.

What You Should Know About Fall At Work Claims

fall at workBeing injured while on the job can be a very stressful situation.  You do not want to injure the relationship with the company that provides you with your income, and yet you deserve compensation when you are hurt and it is clearly their fault.  If you have recently been injured on the job, or just like to know your rights, the information below will help you.

More than one-fifth of the claims filed against employers for injuries are fall at work claims.  The results of a fall can range from simple bruising and muscle soreness to severe breaks and even brain damage.  Regardless of your level of injury, it is the law that you should be compensated for your time off of the job as well as any medical expenses that have been incurred.

It is essential that you report your injuries immediately to your employer.  If they do not send you to be checked out by a medical professional at that time you should express to them that you wish to have it done.  Documenting exactly what happened and what injuries you are facing will go a long way if you are forced to take your case to court.

Once you have been seen by a medical professional you should seek the advice of an attorney.  Fall at work claims can be handled at times without their help, but ensuring that you have the right information is important so that you know what kind of compensation that you deserve.  With many injuries you may feel fine at first, only to realize days later that some long term damage to your body has occurred.

If the attorneys that you consult agree that you should have professional representation you should adhere to that advice.  They are experienced in these types of cases and know when you may be facing a bigger situation than you can handle on your own.  From there you should pick from a few different options by finding out who has the best reputation for winning their cases and being completely honest.

You can determine this by looking for reviews of their firms online as well as by asking anyone that you know that has been hurt at work who they used.  You definitely do not want to hire the firm with the biggest ad or the fanciest office.  These are not determinants of whether or not they treat all their cases the same way.  Take time to do research to get the best results in your personal situation.

Now that you have read the information above you know that there is a good amount that you must do in order to get the compensation you deserve in a worker’s compensation case.  Follow the above advice so that you are treated fairly by your employer.  As long as you do this, you should get the money that you deserve for your medical expenses, time missed at work and any suffering that you may have endured.

STRESS AT WORK COMPENSATION – HOW TO CLAIM IT

200334149-001There are a lot of definitions that try to explain the word stress. Different people have their way of defining it too. But generally most people describe stress as a human reaction that is triggered by harassment or a lot of pressure. In this article we will talk about stress that is experienced in the workplace and also how to legally make a claim and prove it.
If you file a stress case you will have to prove that you are suffering from psychiatric illness in order to win the stress at work compensation claim. You will have to show that your employer breached their duty of taking care of their employees. It is also mandatory to prove that the working environment is not conducive hence posing risks that lead to the illness, you may also show that the employer was aware of the condition and he or she did nothing about it.
It is also a requirement that the worker proves the fact that the employer knew the impact of this difficulties that lead to the psychiatric illness. For a worker to prove this foreseeability claims, a doctor’s report is needed or they show that they have absent from job due to the same illness.
The worker should also show the employers negligence or failure to respond and rectify the said condition. This have to show how the employer failed in their duty of taking care of the workers. The court may also want to have a look at how the employer has handled any kind of risk. They will also need to show that the harm was directly cause by the working environment and or the employers breach of duty.
Proving the foreseeable claims is the vital part of this stress at work compensation claim but it is also very hard to do so. The law say that the foreseeable depends entire on what the employer knew of the difficulties the specific worker faced at that time. This also does not imply that the employer has to constantly ask of his or her workers welfare. It states that there are obvious signs like constant crying of loneliness, which would lead a reasonable employer to realize there is a problem.
There was once a case where an employee had a two nervous breakdown. After the first one, the worker was placed on notice and they promised to go slow on him. When the second one happened, proving the foreseeable was very easy as the employer did not provide the extra measures they had promised him. Hence he was granted the claim by the court.
A reasonable employer should start investigation immediately he notes a problem with his or her employees. Though this will also depend on the size of the company and or the resources that the employer has at their disposal. The law also states that if a direct counseling is given by the employer, there is very little likelihood of the employer breaching their duty of care. Every employer should take care of their employees to prevent this.

The Process Of Making A Personal Injury Complaint

personal injuryPersonal injury may either be physical or psychological in nature which might have resulted in death in most cases. Some of the personal injury claims are made from injuries incurred at work, stress at work, traffic accidents, faulty products, physical abuse and many more.
Actions To Take
•    If the personal injury results from legal violations such as road accident, you should inform the authorities first.
•    If there’s an insurance policy is in place, the insurance company should be informed to avoid invalidating the policy.
•     If the injury has resulted in serious bodily harm, it’s important to inform a medical professional who can create a medical report that describes the extent of damage.
•    Don’t forget to gather any necessary evidence to make your claim valid.
How To Validate Personal Injury Claims For Accidents At Work
•    The accident should have been clearly reported and detailed in an accident book by the employer or supervisor
•    If there’s no accident book, write the details on your own in 2 copies, send one to your employer and keep one for yourself.
The Process Of Making A Personal Injury Complaint
There are instances where if a person incurs a workplace injury, the employer investigates the cause and provides an explanation. If the injury is dire, the employer provides compensation with an apology attached. If the employer invalidates the compensation, it’s important to go through the official complaints process to allow compensation.
Remember, there are time limits that define if a personal injury takes the legal route. Therefore, if you’re planning to go through the official complaints channel, you should be sure that you will find remedy soon enough. If you don’t want to pursue the legal route for your personal injury, you can report to organizations such as governmental departments, local authorities, the police, medical institutes or the employer/supervisor in question.
Compensation For Personal Injury Claims
If you want to guarantee a compensation for your personal injury, you should use some of the following methods.
•    Using a claims assessor to substantiate the personal injury
•    Pursuing legal action through civil courts
•    Seeking compensation from governmental organizations or schemes that compensate personal injury claims
Compensation For Personal Injury
If you’re filing a claim for personal injury compensation, it can be filed under two categories as follows.
•    General
Here the court identifies the total amount of damages paid as compensation for personal injury. It may include payment for suffering or pain after the injury or loss of earnings.
•    Special
Refers to the damages awarded by the court for actual loss incurred financially from the date since the accident occurred up to the start of the court hearing. In this case, the court also decides the total amount of damages. If the court decides that you are to blame partly for the accident, the damages can be reduced considerably.
Hiring An Attorney
It’s imperative to hire an attorney when you’re making a personal injury complaint through the legal channels. Hiring the right lawyer for your case should take time since your whole case depends on it. Make sure the lawyer has expertise in this branch of law for guaranteed success.

What Is A Personal Injury Case?

personal injury1If you have wondered at one point or another, “What is a personal injury case?”, you certainly are not alone.  Term is thrown around a great deal, but chances are if you have never been in that situation yourself, you would not know exactly what it means.  To learn more, read the information below so that if at some point it applies to you, you will be prepared.

The general answer to the question, “What is a personal injury case?”, is that it is an action that one takes when they have become injured physically or emotionally due to the negligent action of another.  This can be direct action as well as passive action.  For example, not salting and shoveling outdoor stairs in the winter could be considered negligent, when and if someone was to fall on them.

If something of this nature every occurs to you, you should always contact a lawyer to find out whether or not you should be compensated.  Of course you will want to also consider the extent of the harm you suffered as well as who the intended defendant would be in the matter.  For example, some people may not take their child, parent or other relative to court for a minor slip and fall incident.  However, if your injuries are great, then you may want to do so, remembering that their home insurance is paying for your compensation, not your loved one.

Once you have contacted lawyers and confirmed that you have a legitimate case it is very important to follow their advice.  If you stray from what you are told by them to do you could put your entire case in jeopardy.  This includes following through with all of the doctors appointments that are set up as well as not talking to anyone that could testify against you at court.  The better that you stick to what your lawyer advises, the better the chances are that you will win your case.

Be sure that when you select a lawyer they do not ask for any money up front.  These cases should always be handled free of charge, with the presumption that they will be paid when they win the case for you.  This is typical of that field.  If they ask for any money from you upfront you should walk away from using their services and find a lawyer that is willing to follow what is normally done in personal injury lawsuits.

Now that you have read the information above you should have a pretty idea of what this type of case is all about.  While it does encompass a wide range of situations, the basic idea is that you should seek consult if you are ever injured by the negligence of someone other than yourself, or while you are on the property of someone else.  Keep this in mind so that if you are ever in a situation that you need financial assistance due to the fault of another, that you are taken care of.