Workers Compensation - Things to Know

March 31st, 2009

Work laws have been created to guarantee that employees who have been disabled or injured on the job are provided with permanent or fixed monetary awards, making litigation unnecessary. Unfortunately however, companies and private employers sometimes undermine these laws and refuse to pay an adequate amount of money to those employees who can no longer work due to injuries incurred while at work. In some instances, legitimate workers compensation claims get denied by aggressive insurance companies. A carrier may claim that you haven’t been injured, or that the injury you suffered wasn’t serious enough to qualify for workers’ compensation benefits. If this occurs, you may stand to lose critical benefits, such as job retraining, medical care coverage, and other financial help.

Almost everyone knows that they may be entitled to workers compensation benefits if they become injured on the job. But, many people do not know that when a worker is seriously hurt on the job, there is often more than one available source of recovery. Workers compensation attorneys will always look to potential third parties for recovery, in addition to the employer. An additional source of compensation often involves a claim based on products liability such as those involving:

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Insurance, Professional Liability, and Malpractice Lawsuits

March 30th, 2009

Medical malpractice is not a present generation invention. However, malpractice insurance, professional liability, and defensive medicine have found more relevance today as the medical profession sees continuing rise in malpractice cases filed against doctors. Whether these are merely media hype that blew isolated cases of flops under a cosmetic surgeon’s knife out of proportion, or are indicators of a decline in the profession’s conduct, malpractice insurance in the United States has lately become a federal issue.

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Read the story

March 29th, 2009

A novel device to treat a common heart problem that can lead to stroke showed promise in testing, but not without risk, new research shows.

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The Legal Implications Of Battered Woman Syndrome

March 28th, 2009

Let’s examine the legal implications of Battered Woman Syndrome. BWS was first proposed in the 1970’s. According to Joe Wheeler Dixon, PhD, JD BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal advocates to support and justify claims by battered women who have killed (their batterers). The defense revolves around the woman’s mental deficiency and helplessness. Learned helplessness can be induced in lab animals, but no sudden rage or aggression.

So, a battered woman kills her abusing husband. She doesn’t do it during a beating, thereby being able to claim self defense; she probably can’t, he’s too strong. While he is awake and watching her, she suffers from learned helplessness; he has brainwashed her into thinking she is helpless and worthless. She perhaps she kills him in his sleep because that’s the only time she can overpower him.

This is where the battered woman syndrome came into play. Her defense claims it was a form of self defense. Where one might agree with that, the fact is she took a life. He received no trial for his crime. Perhaps she did what she felt she needed to do, but she must also take responsibility for her actions.

In court, expert testimonial regarding domestic violence can by used for various purposes: to demonstrate the defendant is a battered woman, to explain an abused woman’s state of mind and/or conduct or to support a claim or the validity of a particular defense. Experts have acknowledged that Battered Woman Syndrome is considered a subcategory of Post Traumatic Stress Disorder, but not a mental disease in the context of insanity.

According to Mary Ann Dutton, Ph.D.’s “Critique of the Battered Woman Syndrome” Expert testimonial concerning battering and its effects cannot adequately rely on a single construct such as Battered Woman Syndrome: the comprehensive body of existing knowledge cannot be so condensed. Instead focus should be on identifying the specific questions relevant to the issues at hand for which there is a body of knowledge to support a valid conclusion.

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Surgical Malpractice and Surgical Errors

March 27th, 2009

Each year thousands of surgeries are performed in the United States. Most of them go as planned but some go horribly wrong due to medical malpractice, medical negligence, errors and mistakes on the part of the surgeons. It has been reported that nearly 98,000 Americans die each year as a result of medical mistakes and errors including surgical errors. A person undergoing surgery, however, does not typically anticipate surgical complications. The patient reasonably believes that the surgeon and medical team performing the procedure are competent, experienced, and prudent enough to perform the surgery without committing surgical errors. Surgical mistakes and errors include errors committed by the surgeon, anesthesiologist, or hospital nursing personnel. Surgery errors can result in injuries far beyond any anticipated possible outcome. A surgical negligence can result in pain, repeating the surgery, scarring, and sometimes wrongful death.
Common types of wrong site surgery include:

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States could lose billions in taxes to stimulus

March 26th, 2009

President Barack Obama told the nation’s governors in February that the states’ $229 billion share of the federal stimulus package “will ensure that you don’t need to make cuts to essential services that Americans rely on now more than ever.” But while one hand of the federal government is offering Medicaid, education and other direct assistance to …

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Construction Health and Safety

March 25th, 2009

On the 6th of April 2007 the government introduced The new Construction (Design and Management) Regulations which are designed to improve the general safety of construction sites and cut down on the number of accidents experienced during construction projects.

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Emergency Room Malpractice

March 24th, 2009

            Emergency room errors occur when a person goes to an emergency room and rather than receiving appropriate treatment the patient instead becomes the victim of hospital malpractice or doctor malpractice and leaves the hospital with additional and more complicated medical problems. The acceptable standard of care in an emergency room setting includes the responsibility to identify the medical condition and/or problem and then to take the appropriate corrective action.
 
2.         What Are Some Common Examples of Emergency Room Errors:

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Mo. lawmakers block governor’s agenda

March 23rd, 2009

Despite their mutually expressed desire for bipartisan cooperation, Missouri’s new Democratic governor and its Republican-led Legislature don’t have much to show for it at the midway point of the 2009 legislative session.

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Using Mace Pepper Sprays: The Good and The Bad

March 22nd, 2009

Also known as Oleoresin Capsicum (OC), Mace pepper sprays are one of the widely used self-defense products today. They are affordable, portable, easy to conceal, and when utilized at the right time and place, they can be completely effective in deterring your attacker.

The Advantages and Disadvantages of Using Mace Pepper Spray as a Self-Defense Product
If you are worried about the effectiveness of Mace Pepper spray, you should familiarize yourself first with the pros and cons that come with using it.

Pro: Simple and Easy to Use
Compared to Taser and stun guns, pepper sprays are a lot easier to use. Just one quick press and that’s it. Ease of use however does not completely guarantee results. You’ll still have to practice wielding it, particularly if you have it jammed inside your pocket or placed inside your bag. You want to draw it out as quickly as possible.

Secondly, you’ll need to practice your aim. It’s best to hit your attacker in the eyes at your first attempt because there’s no way to tell if you’ll get another chance.

Another possible problem you might encounter with utilizing pepper sprays is the locking mechanism provided for preventing accidental discharges. They could suddenly malfunction for various reasons and just when you need them to work.

Con: Works at Limited Distance
These are not very far-reaching weapons so you’ll need to risk your attacker coming a bit closer for comfort before you launch your attack. At the most, pepper sprays can work at a distance of fifteen feet, but only if other factors will come to play. You should be using a pepper spray stream, wind direction should be moving towards your attacker, and you better have excellent aim.

As for the rest, small pepper spray models work at a distance of six to eight feet while pepper spray foggers work at a distance of eight to ten feet.

Pro: Prolonged Effect
Provided that you’ve targeted your attacker directly in the eyes or any other vulnerable area, your attacker will suffer from the sting of OC from twenty to thirty minutes; that will give you more than enough time to escape your attacker or shout for help.

Con: Requires Appropriate Wind Direction
Unless you’re clairvoyant or you’re an expert on weather, there’s no way to predict sudden wind movement. It may come at the worst time possible and just when you’ve released pepper spray to the air, the wind moves toward you, and stinging OC ends up blown back to you.

If you think pepper sprays are not enough to make you feel safe and able to defend yourself, there’s no reason why you can’t supplement it with another self-defense product. But most importantly of all, stay alert and prepared to face dangers or, better yet, avoid potentially dangerous situations. Prevention is always the best solution, after all!

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