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Evansville, Indiana, Legal Blog

The serious nature of misdiagnosis for victims

Victims of medical malpractice are protected through the legal process. According to a study done by BMJ Quality & Safety, about 12 million adults in the United States who seek outpatient care are misdiagnosed by their doctors. The researchers who conducted the study stated that in at least half of those cases, the misdiagnosis had the potential to result in serious harm. Previous studies had made hospitals the focus of their study, but this one found that patients seeking outpatient care may also be at risk. The number of victims impacted represents 5 percent of all outpatients in the U.S.

In reaching their conclusions, researchers analyzed diagnosis and follow-up visits. Because researchers concluded that one half of misdiagnosis situations had the potential to result in serious harm, this means that approximately 6 million outpatient victims are impacted each year by the misdiagnosis figures reported in the study. A previous study found that the most common causes of misdiagnosis include problems related to ordering diagnostic tests; errors made by doctors interpreting test results; and inaccurate medical histories.

Premises liability legal options protect injured victims

At the end of a hard winter, it can be helpful to review premises liability protections available to victims of slip and fall and other types of accidents. Victims may wonder what exactly premises liability refers to. Premises liability law includes a set of protections for victims who have suffered harm on another party's property. Premises liability claims can include slip and fall claims, trip and fall claims and other types of claims for injuries that occur on the property of another.

Slip and fall accidents are a common type of premises liability injury, especially in the winter time, that can lead to a premises liability claim for damages. Slip and fall injuries, however, can occur in a shopping center or retail store, for instance, if the walkways are not kept clear, clean and safe for shoppers. Victims of a slip and fall accident can suffer serious physical injuries, as well as emotional and financial harm as a result of the accident.

Know the most common medical errors in the United States

When you place your health care in the hands of a qualified physician or other professional, you trust that they are going to make decisions that are right for your care and your situation. Unfortunately, medical mistakes are all too common and are the third leading cause of death in the United States, right behind cancer and heart disease. This statistic highlights the fact that medical errors are problems that need fixing to protect patients. Knowing the most common medical errors can help patients protect themselves from devastating consequences.

Understanding the Social Security disability application process

Being unable to work because of a disability can be difficult to accept and a can be a challenging period in a disabled individual's life. While Social Security disability benefits can be helpful, the application process may seem complex. Disabled individuals should not, however, be intimidated by the SSD application process and should understand that being familiar with the process can be helpful.

The majority of initial claims for disability are denied but there is a multi-layered appeals process. Certain information is required as part of the initial application for SSD benefits. Medical records and a diagnosis from a doctor are required, as well as verification of the disabled individual's inability to work. Depending on the circumstances, additional documents and information may be needed including a birth certificate or proof of birth; W-2 forms or self-employment tax forms; naturalization papers; or military discharge papers.

Texting and driving and other risky acts common for millennials

It is an unfortunate reality that an auto accident is a constant possibility when out on the road. Residents of Kentucky and Indiana are undoubtedly aware of this, some by experiencing it firsthand. Research can often be beneficial to understand how and why an accident might have occurred. The AAA Foundation for Traffic Safety recently released a report stated that the recklessness of millennials is a significant issue.

These drivers, between the ages of 19 and 24, were found to be more likely to do the following: go above the speed limit by 10 to 15 miles per hour; go through a red light when they could have stopped; engage in texting and driving; and operate their vehicles after using marijuana. The executive director of AAA says that drivers in this age range are of the belief that they can drive their vehicles with these behaviors and it is acceptable to do so. This information was released as the number of drivers who were killed in an auto accident has been rising steadily.

Is there a way to expedite the disability benefits process?

If you or your loved one is seriously injured or sick, you are likely well aware that time is critical. You already know the importance of getting medical help right away and notifying an employer of any accommodations or leave requests as soon as possible, and you are almost certainly accustomed to acting fast.

That is why it can be incredibly frustrating to learn that the wait time for a traditional application for disability benefits to be processed can be more than a year. Thankfully, this wait can be decreased dramatically for people with certain conditions covered under Compassionate Allowances, or CAL.

Avoid these 6 springtime hazards

Around this time of year, a lot of people start thinking about spring cleaning projects. After all, there are many tasks we might have been avoiding during the winter that suddenly seem very important once the warmer weather rolls around.

With this in mind, it can also be a good time to remind readers about some springtime hazards in or around the home that can lead to serious injury if they are not addressed. Below are just some of the common types of accidents and injuries people suffer during this time of year.

What makes a successful medical malpractice case?

Hardly anyone disputes that doctors, nurses and health care providers have difficult, stressful jobs. They make mistakes. Sometimes, circumstances are outside of their control, and, despite their best efforts, patients die or suffer from terrible complications.

That is why it can be very difficult to prove a medical malpractice claim in Indiana or Kentucky. The law is quite complex, and a successful medical malpractice case can take time. Do not believe, however, that it is impossible to recover compensation that you deserve.

Know the cell phone laws in Indiana to prevent being caught off guard

Two years ago, according to the IndyStar, a little-known law was passed in Indiana which banned drivers age 21 and under from using cell phones in the car. Many people were unaware that the bill included drivers 18 through 21 until the law was passed. Although the laws have not updated much since, it is important to know the exact laws for Indiana to stay out of trouble and to prevent accidents.

The 5 things you need to do after an accident

Accidents happen in the blink of an eye. Whether you are in a car accident, you slipped and fell, you were hit by a car while walking or a defective product caused a serious injury, you often deal with the same questions. How badly am I hurt? Will I have to miss work? How much will this cost?

Whether you live in Indiana, Kentucky or anywhere in the country, there are several important steps that you must take after an accident to protect your rights and options. If you want to seek compensation for your injuries, avoiding mistakes early on is essential. Then, you can let your attorney worry about the complex legal work.

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