Author Archives: Ryan Flamingo

Medical Negligence Compensation Lawyers 2023: Covid Vaccine Injuries Class Action

As the world rushes to vaccinate itself against COVID-19, it’s not surprising that some folks are left feeling uneasy. After all, vaccines can be risky business and in rare cases, they might even cause serious injuries or illnesses. That’s where medical negligence compensation lawyers come in, these legal experts specialise in helping people who’ve been harmed by vaccines get the compensation they deserve. And now, with reports of COVID vaccine-related injuries on the rise, many such lawyers are gearing up for a class action lawsuit, one that could help countless individuals seek justice and recover from their losses.

So if you’re concerned about vaccine safety or just want to learn more about your rights when it comes to medical negligence claims, read on!

So What does this Mean for the Public?

If a person in Australia believes they have been injured by a vaccine, including future COVID-19 vaccines, they will need to pursue compensation through the legal system. Under the latest agreement, it would appear the government, rather than the drug company, would pay that compensation, should the person win their case.

However this is not ideal. The person still has to engage with the legal system, which is both costly and complex, and there’s no guarantee of success. Compensation lawyers may not even be possible via their legal system. That’s because in most cases, it will be difficult to show in court a serious side-effect was due to a fault in the vaccine composition or negligence in the way it was administered.

So in Australia, people with a vaccine injury, either COVID-19 or other vaccine, will likely bear the costs of their injury by themselves, and seek treatment by publicly-funded or private health systems. The National Disability Insurance Scheme helps fund therapies for people with a permanent and significant disability but does not cover temporary vaccine-related injuries.

Participants in COVID-19 vaccine clinical trials can be compensated for temporary and permanent vaccine injuries.

What is Medical Negligence?

Medical negligence is defined as any action or omission by a health care provider that deviates from the accepted standard of care and causes harm to a patient. Vaccine injuries are a type of medical negligence that can occur when a health care provider administers a vaccine that is not approved for use in Australia, or when a health care provider fails to follow the proper protocol for administering a vaccine.

A successful medical negligence claim can help you to access the financial, care and support services that you and your family need to heal, and move forward with your life. If you decide to bring a claim for compensation, engaging a lawyer who possesses specialist expertise and experience in medical negligence is a critical step to ensuring you receive the best possible legal outcome.

If you have been failed by a healthcare professional or hospital, you may have grounds to bring a medical negligence claim for compensation.

What is a Covid Vaccine Injury?

A vaccine injury is a rare but serious adverse reaction to a vaccination. They can range from mild (such as a sore arm from the injection site) to life-threatening (such as anaphylactic shock).

The most common vaccines in use today are safe and effective, but no medical product is 100% perfect. The risks of getting a serious vaccine injury are very low, much lower than the risks posed by the diseases that vaccines prevent. However, because millions of people receive vaccinations each year, even a very low risk can result in a large number of injuries.

There are two main types of vaccine injuries: those that occur when the body has an allergic reaction to a vaccine component (known as an “adverse event”), and those that occur when the body mounts an immune response to the vaccine itself (known as “vaccine reactions”). Adverse events are usually mild and include such things as soreness at the injection site, fever, and rash. Vaccine reactions are more severe and can include fevers, joint pain, swelling and redness at the injection site, and even seizures or paralysis.

Both types of vaccine injuries are rare. The chances of having a serious adverse reaction to a vaccination are about one in a million. The chances of having a severe reaction to a vaccination are even lower, about one in four million for live viruses (such as MMR or chickenpox) and one in two million for inactivated viruses.

Which Conditions are Eligible?

If you had AstraZeneca Vaxzeria, the following clinical conditions are accepted under the claim for compensation scheme:

  • Anaphylactic reaction
  • Thrombosis with Thrombocytopenia Syndrome
  • Capillary leak syndrome
  • Demyelinating disorders including Guillain Barre Syndrome (GBS)
  • Thrombocytopenia, including immune Thrombocytopenia.

If you’ve had Pfizer/Biontech Comirnaty or Moderna Spikevax, the following clinical conditions are accepted under the claim for compensation scheme:

  • Anaphylactic reaction
  • Myocarditis
  • Pericarditis.

If you had Novavax Nuvaxovid, the clinical condition of anaphylactic reaction is accepted under the claim for compensation scheme.

Which Injuries are Eligible?

The following clinically diagnosed injuries are also accepted under the scheme, regardless of which TGA approved vaccine you’ve had:

  • a shoulder injury you got when you received a COVID-19 vaccine
  • other moderate to significant physical injuries that caused permanent impairment, or the need for an extended period of medical treatment.

In both cases, the injuries must have been sustained during the physical act of being given the vaccine.

Which Conditions and Injuries aren’t Eligible?

The following harm isn’t covered under the scheme:

  • contracting COVID-19
  • psychological and psychiatric conditions
  • secondary injuries, like an injury suffered when fainting, or a haematoma where you were injected that becomes infected.

These other side effects aren’t accepted under the scheme:

  • headache
  • fatigue
  • injection site reaction
  • muscle or joint pain
  • dizziness
  • diarrhoea
  • pain in extremity
  • fever
  • insomnia
  • nausea or vomiting
  • lethargy
  • hyperhidrosis
  • chills
  • decreased appetite
  • malaise
  • lymphadenopathy
  • somnolence
  • abdominal pain
  • puritus
  • urticaria or rash
  • influenza-like illness
  • angioedema
  • anxiety-related reactions.

Read more about the conditions and injuries accepted under the COVID-19 vaccine injuries claim for compensation scheme policy on the Department of Health and Aged Care website.

Who can File a Claim for Compensation?

Anyone who has suffered an injury as a result of receiving the Covid-19 vaccine can file a claim for compensation. This includes people who have experienced an allergic reaction, those who have developed certain side effects, and those who have been hospitalised as a result of the vaccine.

  • In the case of a vaccine injury, the victim’s parent or legal guardian can file a claim for compensation.
  • If the vaccine victim is an adult, he/she can file a claim for compensation.
  • If the victim dies due to a vaccine-related injury, his/her spouse and/or children can file a claim.

You can find more information about the COVID-19 vaccine claim for compensation scheme and policy on the Department of Health and Aged Care website. The privacy and security of your personal information is important to us, and we protect it by law.

If you’re eligible, they’ll provide payment to compensate for the harm you suffered or if you are not sure whether you are eligible to file a claim, you can speak to one of experienced medical negligence lawyers.

How to File a Claim?

In order to file a claim, you must first consult with a medical negligence compensation lawyers. They will be able to assess your case and determine if you have a valid claim. If you do have a valid claim, they will then help you gather the necessary evidence and paperwork to file your claim.

Step 1 – Before you claim, make sure you also have all of the following ready:

  • Proof you were admitted to hospital
  • How you calculated the amount you’re claiming
  • Proof to support the amount you’re claiming

You can also give a brief outline of what happened from your perspective to help assess your claim.

Step 2 – Get your COVID-19 vaccine claims scheme medical report
Your doctor needs to complete a COVID-19 vaccine claims scheme medical report so you can submit it with your claim.

Remember to take your documents when you see your doctor.

Step 3 – Submit your claim

You need to send them your forms and supporting documents by:

  • Emailing COVID-19 vaccine claims scheme
  • Mailing them to us using the details on the form.

Step 4 – Once they receive your claim and all supporting evidence, they’ll try and get back to you as soon as possible.

If you’re claiming more than $20,000, the claim may take longer to assess. This is because they need to consult with others.

They may consult with the following independent third parties:

  • A medical expert
  • A legal expert.

You don’t need to contact them during this time. They’ll contact you if need more information.

Step 5 – They let you know the outcome
If you approve your claim, they’ll send you a deed to accept. You’ll receive this as a letter in the mail. Once you accept, they can pay you the amount they’ve agreed on. 

If your claim isn’t approved, they’ll write to you to let you know. You can ask them for a review of the decision. Your letter will explain how to do this.

If you need help, email COVID-19 vaccine claims scheme or call the Australian Immunisation Register.

The Process of Filing a Claim

The process of filing a claim for medical negligence compensation can be complex, and it is important to seek legal advice from a solicitor who specialises in this area of law.

There are a few key steps that need to be followed when making a claim for medical negligence compensation, which include:

1. Establishing that there was a breach of duty of care by the healthcare professional or facility. This can be done by obtaining expert opinion evidence from another healthcare professional.

2. Showing that the breach of duty of care caused you to suffer an injury or loss. Again, this will require expert opinion and evidence.

3. Calculating the amount of compensation you are entitled to, which takes into account both your financial losses and your pain and suffering.

4. Making the formal claim for compensation from the healthcare professional or facility responsible for the negligent act or omission. This will usually involve serving a writ on the defendant.

5. Negotiating a settlement with the healthcare professional or facility, or taking your case to trial if necessary.

What’s happening Overseas?

In the US, people with a rare but serious reaction to a COVID-19 vaccine will be able to access a special compensation scheme. This is designed to provide compensation for the use of COVID-19 pandemic medications and vaccines.

However, applicants only have one year from the date they had the vaccine or medicine to request benefits. The US already has a vaccine compensation scheme for vaccines other than COVID-19. This is an example of a no-fault compensation scheme. These compensate for specific vaccine reactions, without having to go to court to prove the vaccine manufacturer is liable.

Australia in contrast to 25 countries including the US, UK and New Zealand, does not have a no-fault vaccine compensation scheme, and does not have the equivalent of the US COVID-19 vaccine compensation scheme.

Conclusion

The expert medical negligence at Australian Compensation Lawyers have a track record of winning big against big corporations and governments. Medical negligence compensation lawyers are experienced in helping people who have been injured due to medical negligence.

Covid vaccine injuries can be serious and should not be taken lightly, which is why it is important to seek legal advice from experts if you believe you have a case for a class action lawsuit. Covid vaccine injuries compensation scheme to professionals guide you through the process and fight for your rights if necessary. They understand how difficult this situation can be, by providing your information about medical negligence cases related to Covid vaccines helped ease some of your stress, worries and concerns.

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Invisalign Patients File Class Action Lawsuit

“Align’s monopoly on the teeth-straightening market has been all crooked.”

So says Steve W. Berman, managing partner of Hagens Berman, and attorney for consumers in the class action. Named one of the 100 most powerful lawyers in America, the lawsuit claims that since at least 2017, Align has charged high prices to garner high profit margins by having Invisalign protected by a “thicket of hundreds of patents that Align wielded aggressively to protect its monopoly.”

A bastion brand of cosmetic dentistry, Invisalign can be found in every city and the charge for an Invisalign dental treatment is commonly up to $US8000. Even if it’s an option, dental insurance generally only covers a minority of costs, and benefits are often capped somewhere between 25 and 50 percent, leaving purchasers paying the gap.

With gross margins in excess of 75 percent, Align earns well over a billion dollars a year from Invisalign products. According to the class action it continues to annually increase prices.

iTero is an Align scanner product, a hand-held digital intraoral scanner used by individual small-time Invisalign providers such as Plaza Dental to take digital jaw, teeth and bite images of patients . Unlike its competitors, it uses a closed system that imposes substantial costs to dentists attempting to use iTero to order products not manufactured by Align. Sales are thereby driven to Invisalign.

The 36-page document was filed on May 3, 2021 in the U.S. District Court of the Northern District of California, the lawsuit accuses Align of violating federal antitrust laws, and various consumer protection laws, by monopolising the dental aligner market. Subsequently, it controls more than 80 percent of the market and continues with a variety of anticompetitive tactics in its dogged determination to stymie alternatives to Invisalign purchases. Not only does Align control through iTero, it also disallows rival scanner manufacturers to order Invisalign.

Attorneys say Align “…sacrificed short term profits to cement a long term monopoly that would allow them to overcharge consumers in perpetuity.” This anticompetitive scheme paved the way for Align being able to overcharge, leaving consumers paying thousands of dollars in out-of-pocket expenses.

According to the filing, this creates “a self-reinforcing cycle where Align’s dominance of the Scanner market ensured continued dominance of the Aligner market.”

Consumers are not only seeking reimbursement for the overpaid amount to Invisalign as a direct result of the monopoly, but also an injunction to bring an end to Align’s price-fixing scheme.

Berman sees it as an,“… established and highly protected system, one hand washes the other, reinforcing Align’s dominance in these markets that leave consumers and dental offices trapped.”

The legal team of Hagens Berman has an extensive track record of taking on massive antitrust cases. It has won record-breaking class settlements for many pharma-related and consumer-focused cases where justice was paid in damages for millions of people. The biggest compensation payment was $US560 million collective settlement against Apple and publishing companies for price-fixing e-books.

The lawsuit quotes Align CEO Joe Hogan in 2017, “We’ve been in business now for almost 20 years, and we’ve had so few competitors … people think it’s because we have this great IP -it’s true we have good intellectual property – but it took 15 years for people to really believe that you can move teeth with plastics. It gave us this period of time to really iterate and learn without the outside influence of other competitors coming in.”

Steve Berman knows his stuff. As Special Assistant Attorney General in 1998, he stood as Co-Lead Counsel and successfully had eleven states (Alaska, Arizona, Idaho, Illinois, Indiana, Ohio, Oregon, Nevada, Montana, Rhode Island and Vermont) prosecute the tobacco industry. It resulted in vast marketing and advertising restrictions and the payment of $US206 billion – the largest settlement in history.

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Dental Negligence Compensation: Can You Sue Your Dentist?

Every dental practitioner is expected to keep the health and wellbeing of their patients at the forefront of everything they do. And in almost every case, this is true. However, from time to time something goes wrong, and a mistake is made. Again, in most cases, these mistakes are trivial, and no lasting harm is done. But in a handful of cases each year in the Australia as well as the UK and the USA, a dental practitioner or other medical staff working in the dental sector, makes a mistake that leads to the harm of their patient. And in these cases, a claim for compensation based on this dental negligence is possible.
Within this page, you will find all of the information you will need to educate yourself about the process of claiming compensation for dental negligence if you have been unfortunate enough to have become a victim of it.
This guide explains just what dental negligence is, and the different types of negligence that can occur. It will walk you through the things you need to do before making your claim for compensation for dental negligence. It will also tell you how to actually start your claim for damages against a dentist or dental clinic, and try to give a rough indication of the amount of compensation that common injuries caused by dental negligence could pay.
If you need any further information, or just want to get the answers to more specific questions, then please use the contact information at the bottom of this guide to get in touch with us.
What is a Dental Negligence Claim?
A dental negligence claim occurs when a medical practitioner working in the dental sector causes harm to a patient through a mishap or mistake. This can be the dentist themselves, or any of the nursing and care staff that are involved in the overall dental care process.
Although dental negligence is rare, it does occur, and the damage caused to a patient can be both severe, and long-lasting. Furthermore, many of the injuries that can be caused by dental negligence, can lead to permanent facial disfigurement and scarring. For this reason, dental negligence cases, as with any form of medical negligence case, are taken very seriously. As the end result could see the dental practitioner being barred from their chosen career.
dental negligence compensation malpractice sue your dentist my
Is Dental Negligence Common?
Considering the fact that thousands of dental procedures are carried out each day in the UK, cases of dental negligence are surprisingly rare. Historically, fewer than 10,000 cases of dental negligence are recorded each year. However, this figure has begun to rise in recent years. This is primarily due to the fact that more people are seeking dental care, and there are more medical experts operating within the dental care sector.
Dental negligence case studies show that the growth in popularity of cosmetic dentistry has also contributed to the rising number of dental negligence claims being made. This is, of course, to be expected. Cosmetic dental procedures are often extremely intrusive and can require major reconstruction of the teeth, jaw bone and gums. Therefore, the likelihood of a mistake being made which could lead to a serious injury is far higher than that of merely corrective and preventative dentistry procedures.
What Different Types of Causes Can Lead to a Dental Negligence Claim?
Dental negligence occurs for a number of reasons. Depending upon the injury the patient has received, and how that injury was caused, dental negligence will fit into one of the categories below:
Badly executed surgical procedures – whenever a dentist performs a surgical procedure on a patient, from filling a cavity to fitting a full set of implants, if something goes wrong causing an injury to the patient, then there is a valid reason to make a claim for compensation.
Errors made in a crisis by an emergency dentist can be a big source of dental negligence claims because if they’re forced to work fast, problems can occur. Many of these are of course justifiable because of the panic of the circumstance, but it doesn’t stop patients from trying it on.
Badly managed anaesthesia – when a surgical procedure requires the administration of either local or general anaesthetic, if the application of that anaesthetic causes an injury or other health problem for the patient, a valid reason to make a compensation claim will exist.
Misdiagnosis of a dental condition – possibly the least common form of dental negligence. When a dentist misdiagnoses a condition and applies the wrong treatment, which leads to injury or harm to the patient. In these cases, a valid reason to claim compensation will exist.
Inadequate patient care – either during a dental procedure or after a dental procedure when the patient is in recovery. If undue care is taken to ensure the well being of the patient, leading to injury or harm, then a valid reason to claim compensation will exist.
Of course, there are cases of dental negligence that do fall outside of this basic framework. When you contact us to discuss the specifics of your own case, we will let you know if any more forms of dental negligence might apply.
Are There Different Types of Dental Negligence Claims?
When it comes to claiming negligence against a dentist, there are a number of ways a compensation claim can be pursued. Depending on the way that an injury to a patient has been caused, and the circumstances that lead to the injury occurring, a dental practitioner would be guilty of one of the following types of negligence:
Contributory negligence – when a case of dental negligence is judged to fall into the category of contributory negligence, then it is deemed that the victim of the injury, is primarily to blame for their own condition. And in most contributory negligence cases, no compensation will be paid to the person seeking damages.

Comparative negligence – in these cases, both the dental practitioner and the person suffering the injury both share some portion of the blame. These are often the trickiest dental negligence compensation claims to pursue. They will almost always involve a long legal process, which will result in a court case where the blame will be properly apportioned between the dental practitioner and the victim of the injury.

Vicarious liability – in this type of case, a third party is being apportioned part of the blame for the injury caused to the patient. For example, this could be the supplier of a particular piece of medical equipment that contributed towards the mistake that caused the injury. Or it could be a claim against the company that employs the dentist, which has failed to meet statutory health care regulations, leading directly to the patient being injured.

Gross negligence – the most serious, and also least common type of negligence claimed against a dental practitioner. A gross negligence case is pursued when the dental professional has blatantly disregarded the health and well being of their patient. There are many ways that this can occur, such as being under the influence of alcohol or drugs whilst performing a surgical procedure or purposefully causing harm to a patient in anger.

Almost every claim for compensation based on dental negligence will fit into one of these negligence categories. In very rare cases, other considerations may apply. We will be sure to let you know if your claim for compensation following dental negligence does not fit into one of these categories.
MAKING A DENTAL NEGLIGENCE CLAIM
If you’re looking to sue your dentist following treatment that you’re not happy with, our team of expert lawyers at Compensation Lawyers will be able to help. Making a dental negligence claim can be a straightforward process when you have the right support and guidance from professionals in the field.
Some of the most common reasons that people have for making a claim against their dentist include:
•Misdiagnosis or late diagnosis of a serious dental condition which results in you suffering pain or injury
•Complete failure to diagnose a serious dental condition resulting in injury, pain or suffering
•Injury caused by a poorly performed dental procedures
•Injury caused by carelessness of the dental practitioner
•Financial loss from having to pay to correct a mistake made by a dental professional
•Loss of earnings suffered if you are unable to work as a result of dental negligence
•Physical trauma suffered as a result of dental negligence
•Psychological trauma suffered as a result of dental negligence
•Other pain or suffering caused by a dental practitioner enlisted to carry out dental work
See if you have a case for dental negligence.

How do I sue a dentist for negligence?

If you think that you have been a victim of dental negligence, the first thing you should do is contact a specialist dental law solicitor. They will discuss your experience and tell you if you may be able to make a claim. This will depend on; your individual circumstances, the nature of your complaint and the severity of the injury, pain or suffering you have experienced as a result of the poor care you may have received.
Do you have a valid dental negligence claim?
In order to find out whether you’re entitled to dental negligence compensation, the first thing you need to do is discuss your case with one of our skilled solicitors and dentists. We will then be able to review your case and determine whether you are able to proceed with a dental negligence claim. Start you claim today
How is your dental negligence claim funded?
Most of our dental negligence cases are funded by a no win, no fee agreement, which means that if your claim is not successful, you will not need to pay us anything.
How Much Compensation Can I Claim For Dental Negligence?
Dental negligence is a term that is used to describe mistakes or mishaps made by dentists, or health care professionals who specialise in dentistry, that lead to an injury for their patients. Dental malpractice claims are pursued for a range of reasons, including badly executed surgical procedures, inaccurate diagnosis of a condition, and the prescription of the wrong medication. This is a very basic dental negligence definition, and this page will try to expand on this to impart a better understanding of what your rights are if you have been a victim of dental negligence.
In the period from 2013 to 2014, the Family Health Service in the UK reported almost 7,000 cases of dental negligence had occurred. This was an increase of almost 12% on the previous year. A trend that has continued since this time.
If you have been the victim of negligence, you will need professional legal advice and representation to have the best chance of making a successful claim for compensation.
If you believe that you may have a valid reason to make a claim for dental negligence, then there are certain things you can do right now, to help you prepare.
As with any legal proceedings that require adjudication, evidence will need to be presented by both sides, to either prove or disprove the claim. So preparation is key here. The better prepared your solicitor is to represent you, then the better chance you have of successfully being awarded damages for negligence. Below is some advice with regards to the things you can do to prepare for your claim, before contacting a solicitor.
Have your injury documented – this means visiting a doctor or a hospital to have the injury treated. Make sure that you ask the doctor treating you to note their opinion on how well the injury will heal, and how long it is likely to take.
Collect important information – find out the names of any dental staff that assisted the dentist if you can. Find out the name of the company that owns the dental clinic if it is a private practice or a cosmetic dentistry clinic.
Record the financial impact of the injury – if you have had to miss work and lost income, spent money on medication, or had to take unexpected journeys which you have paid for out of your own pocket, then write all of these down. Your solicitor will help you claim them back as part of your dental negligence compensation claim.
Contact a negligence solicitor – at this stage, you have all the facts of your claim straight and are ready to brief a solicitor accurately.
If you choose to use us your dental negligence solicitor, we can arrange for a locally carried out medical examination, to assist with the claims process.
How to Begin a Dental Negligence Claim
If you are ready to begin your claim for dental negligence compensation, you can use the contact details at the bottom of this guide to get in touch with us. We will then offer you a completely free legal consultation session. During this session, we will attempt to capture all of the pertinent facts about your injury.
We will use the facts we capture, to decide whether you have a good chance of claiming damages following a case of dental negligence. If we think the prospect of claiming compensation is high, we will advise you on what we think you need to do next.
For most people who contact us, that have a valid reason to make a compensation claim, we will offer to represent them on a No Win No Fee basis. This means there is nothing to pay unless we actually win your case for you.
What can be Claimed for Due to Negligence?
Claiming compensation for dental negligence involves calculating tangible and intangible costs, and claiming damages to meet these costs. Some costs are simple to calculate, such as any money spent on medical fees. Others are not so straightforward, how does one put a value on pain and suffering? Luckily, there are judicial guidelines in place that already provide a framework for attributing value to the discomfort caused by an injury. Most dental negligence claims will comprise of one or more of these types of damages:
Special damages – in this category, we include all of the non-physical loss that has been caused by a case of dental negligence. This can include a very wide range of causes. For example, if you were forced to cancel a vacation due to the injury, then you would claim compensation for this under special damages.
General damages – in this category we include all of the physical aspects of the injury. Pain, suffering, loss of mobility and psychological trauma being the most common of these.
Care costs – if you are forced to bring in help to assist you in your daily life due to the injury, or if you have had to be placed into full-time care in an institution, then this can be claimed for.
Loss of current and future earnings – if you needed to miss work due to your injury, and thus did not receive your full wage/salary, then you can claim this in compensation. Additionally, if the injury is likely to negatively affect your long-term earning potential, then this future loss can also be claimed for.
Medical expenses – any out of pocket expenses that have been paid for both immediate and ongoing treatment of the injury you are claiming compensation for.
Travel costs – any out of pocket expenses that have been incurred due to having to travel for anything related to the injury itself (outpatient care for example), or the compensation case (such as visiting your solicitor) can be claimed back.
These are the basic categories that any claim for damages will almost always fit into. There are some less common types of damages, and if we feel that your claim should include one of these, we will let you know.
How Much Compensation Will I Get For A Dental Negligence Claim?
A few thousand is common. Usually barely worth your time, but may give you satisfaction.
How Long Does a Dental Negligence Claim Take?
To answer the question, how long does a dental negligence claim take is very difficult. Each case is entirely unique. Any form of medical negligence has very serious consequences on the person being accused. In extreme cases, they can be struck off from working within their chosen medical field, effectively ending their career.
For this reason, dental negligence cases can often take a lot longer than claims for similar injuries caused by simple accidents. In reality, you would be looking at a period of a minimum of 6 months before a settlement is made.
In the UK: NHS Dental Negligence Compensation Claims
As an overseas example, claims for negligence against the National Health Service (NHS) are inherently complicated. Navigating the claims process for suing a government body for compensation is very difficult. Certainly, something that you are going to need an experienced solicitor to undertake for you.
Some legal companies in the UK have lots of experience in suing various government operated bodies, including the NHS, and they know how to cut through the red tape and bureaucracy. They can help expedite a claim for dental negligence against the NHS as quickly as possible.
No Win No Fee Negligence Claims
If you have minimal financial resources, it is likely that finding the money to pay the legal fees involved in making a successful claim for compensation for dental negligence, will be problematic. And what happens if you lose? You would be completely out of pocket.
We have a way to help. We can offer to represent you in a Now Win No Fee format. This means you don’t pay us a thing until we have won your claim for you. If we don’t win, you don’t owe us anything at all.
Why Choose Us as Your Claims Service for a dental negligence Claim?
Dental negligence claims, like any type of medical negligence cases, are a serious legal matter. They are far less likely to be settled without going to court, and in the most serious cases, the impact upon the liable party is extreme if they are found to be at fault.
Therefore, you need the best legal help possible to execute a claim on your behalf, and this is where we come in. We have years of experience in pursuing damages for clients who have been a victim of medical negligence.
Call for Free Advice and To Start a Claim
Have you been the victim of dental negligence? Are you ready to begin making a compensation claim for it? Or maybe you just need an expert opinion on whether your claim is viable?
If you need some free help and advice about a dental negligence claim, we are more than happy to assist you. You can either use the on-line contact form on this website, or for a more immediate response, use the web chat function, or call us directly on 1300 321 814. There is no obligation to use our service after we have given you some advice, and the initial session is always completely free. So reach us to us now, you really have nothing to lose, and everything to gain.
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Can You Sue Teachers Who Fail To Educate Your Child Properly?

We live in a society that would outsource taking a crap if we could. There are those of us among the tribe who Airtasker out every nasty job they can. Can you sue teachers who fail to educate your child properly? I am sure there are quite a few parents out there who have tried or would like to. The real truth of the matter is that you, as parent, are responsible for educating your child. Education, like everything else, starts at home. Kids learn to learn from their parents and in the home, they grow up in. Is your household an inspiring and stimulating environment in which your children are encouraged to discover things? Do you provide a supportive ambience within your family to foster good learning?

Parents: You Are the Most Important Teachers Stupid

It is not all about forking over money for private schools and thinking your job is done. Educating your child is primarily your responsibility, it is not about complaining and blaming others. Teachers are like most things, there are good and bad, but, generally, most teachers do their best. A bad teacher is not nearly as damaging as a neglectful parent to a child’s education and life. However, professional development for teachers is more important than ever.

Teachers Traditionally & Systematically Undervalued in Our Society

Most teachers start out full of passionate idealism and it is the bureaucracy of schools and education departments that beat them down into indifferent performers. Good teaching is one of the most valuable resources that a community can possess. How much do we in Australia value our teachers, say compared to a salesperson or lawyer? It is like renting vs home ownership in our culture and economy. The former is a poor relation in our society.

It is akin to finding your way among the SEO for lawyers in Sydney , very light on the ground and largely misunderstood by those paying the bills. Teachers are teaching kids in an unappreciated vacuum. Our Australian culture still values money over knowledge. The conservative side of politics and our community regularly attack the highly educated sectors of our society. Climate change deniers point the finger at egghead scientists. Making money today is considered much more important than properly planning for the future. Success is adjudged by short term material prosperity, without any real lens into what is coming. Coal mining jobs for poorly educated workers in regional areas are rated more highly than making smart changes via renewable energy policies for the 21C.

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What Compensation Matters Can You Sue An Electrician For

What compensation matters can you sue an electrician for? In this day and age, it is better to be knowledgeable about your rights. Most people avail of some type of services. It could be daily, weekly, or monthly. It could be janitorial, electrical or other skilled work that needs to be done, and done quickly. Sometimes things get messy. And we let things slide because we need them and might be needed again. But should you? 

Say you wanted to improve the feel in your building. You decided to have some pendant lighting installed in your house or business. For this you would need a decorator and an electrician. Installations can be tricky especially wiring it correctly. It still has to pass inspection and building codes and such. If, after some time your building catches fire, often it would be thought of as caused by some electrical  fault. If it is, what compensation matters can you sue an electrician for? If the origin was the installation, can you sue the electrician? 

Short answers are not really going to be sufficient. There are so many other things to consider. Experts have to be called in. If there were casualties, there would be more investigation than normal. Is it really the electricians fault? Is it prone to rain or earthquake or other natural occurrences? Have the installations and connections been recently checked or approved? Is the building in good shape? The delicate nature of their job makes it a rare occasion for the electrician to get something wrong and cause a fire.

According to some studies, most fires in establishments are indeed electrical in nature. It occurs more often when winter has set in. Heating and more hours of electrical lights are needed because of longer darkness. 

 

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Improper matching of light fixtures are often made by not certified electricians. This can also be a cause of fire. As well as paper or any igniteable material that is close to the fixtures as they begin to get hot. Extension cords and outlets when left too long plugged in can melt the plastic they are encased in. Ordinarily a certified electrician would tell you the computation and approximately how long your appliances and everything else be used so to prevent it from going up in flames. 

If you are an electrician, there is a good chance you would never be out of a job. Unless you mess up tremendously and cause a fire, or worse accidentally kill someone because of carelessness that leads to a building fire. 

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lawyers in Sydney

Will Preparation Lawyers Around The World: Deceased Estate Laws Vary Globally

Introduction

A will is crucial since it ensures the wishes of the deceased are met after death. It is the only way to ensure your money, investments, possessions, and properties are distributed amongst people you care about. Everything you own is known as your Estate. Most people are unable to write a will since they do not have a clue about where to begin. However, will preparation lawyers in Sydney will help you in drafting a valid will that will fully express your wishes.

If your properties are distributed worldwide, it’s essential to understand the laws in that particular jurisdiction since they usually vary concerning succession and distribution of deceased estate laws. Chances are you don’t want to cause massive anxiety to your beloved heirs by neglecting all the aspects of your will. The following steps are essential when writing a will.

Know the real value of your Estate

It’s essential to value your Estate by establishing your real worth. You can do this by writing down your assets and debts. Assets include all properties you own, cash in bank and hand, premium bonds, insurance policies, pension funds, stocks, shares, motor vehicles, and furniture.

Debts include; mortgages, an overdraft, loans, and equity release. It essential to value your properties regularly since the value of some properties like land, can appreciate while others, such as motor vehicles can depreciate.

Once you have valued your properties, you need to list the beneficiaries and decide on who should get what. However, the distributable amount should be after settling all the expenses, including taxes and legacies.

If you need to give out some amount to charity, ensure the full name, address, and registered number are verifiable. Incomplete information may lead to litigations, and the charity may not benefit.

Chose the executors carefully

These are people who will distribute your Estate, and they carry their duties with utmost trust and faith. They have a lot of work in ensuring your Estate is distributed as per your wishes.

Draft your will

The next step is to write down your will. There are several methods you can employ. You can use lawyers who specialise in wills and the rights of probate. Probate is the application of the legal right to deal with money, possessions, and property belonging to someone else. Several will preparation lawyers in Sydney help individuals in drafting wills. The relevant bodies must license the people you chose. If there are some properties abroad, you need to inform your lawyers since most of these officers are trained in international law.

Other methods include the use of specialists whose main role is to write will; however, these may not be regulated; hence it’s quite a risk. Some charities offer free services, and some banks also provide these services and advice. You can draft your own will; however, you must sign in the presence of witnesses for it to be considered as valid.

Storing your will

The final step is to store it properly and safely. You can deposit with a solicitor or a bank. If you have a secure place at home, you can store it there. There are also some organizations that offer probate services. However, it’s essential to let your executors know about the storage. The will preparation lawyers in Sydney will advise you properly through the entire process.

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Compensation Lawyers

Compensation Lawyers busy in the World’s most Remote City

Accidents are very common in places of work. Injuries at work may include a back injury from lifting too heavy objects, a broken arm from a fall off a ladder, etc. In such cases, a workers’ compensation lawyer can help such workers with various injuries to get compensated for their injuries, which includes lost wages and medical bills.

A list of compensation lawyers in Perth can help you get the kind of compensation that you deserve. The following are some of the benefits that workers can get depending on the type of injury.

  • Permanent total disability
  • Permanent partial disability benefits
  • Temporary partial disability benefits
  • Medical benefits
  • Wage reimbursement benefits
  • Vocational rehabilitation benefits

Duties of a compensation lawyer

Overarching Duties

The primary goal of a workers’ compensation lawyer in representing the injured worker [claimant] is to help him/her to obtain his or her benefits. And when the workers’ compensation lawyer represents the employer [defendant] he needs to mitigate the defendant’s liability. The duties of a worker’ compensation lawyer includes:

  • Obtain depositions of the claimant, physicians, medical experts, etc.
  • Gather medical evidence and medical reports
  • Perform legal research
  • Remain updated with the developments in the law
  • Draft pleadings, motions, briefs, opinions, etc.
  • Litigate the case before a workers’ compensation judge or referee.
Claimants Duties

On the claimant side, the workers’ compensation lawyer assist the injured workers to file and litigate claims. The lawyer should have a comprehension of the claims filing process and the compassion for the injured worker’s plight.

Regarding the claimant’s case, the workers’ compensation lawyer has the following functions.

  • Contacting the medical providers and handle the paperwork regarding the claim
  • Answering client questions and guide them through the workers’ compensation procedure.
  • Assisting the injured worker to get the benefits that he/she deserves as well as the appropriate medical care.
  • Negotiating settlements on behalf of the injured worker.
  • Communicating with the supervisors of the injured worker regarding the workers’ status
Defense Duties

When it comes to the defense side, the compensation lawyer help insurance companies or self-insured employers to diminish their exposure and defend the workers’ compensation claims. They should understand the guidelines of handling the claims for each business unit that the injured worker works with. They should budget the costs and understand the billing procedures. On the side of defense, the workers’ compensation lawyer duties includes:

  • Communicating with the claims representatives
  • Representing the interests of the employer or insurer during hearings, depositions, trials, mediations, arbitrations, etc.
  • Assisting with the investigations of accidents
  • Managing workers’ compensation costs to reduce liability
  • Compiling and submitting reports that is needed by the company
  • Coordinating and attending claim reviews
  • Negotiating settlements on behalf of the employer or the insurance company.

 Workers’ Compensation Skills and Knowledge

Workers’ compensation lawyer should have the following skills and knowledge to succeed as a workers’ compensation lawyer.

  • Great oral and written communication skills
  • A strong trial experience
  • Should know workers’ compensation laws and procedures
  • Should be able to handle large caseloads
  • Should have strong research and analytical skills
  • Should be able to work both independently and in a team environment.
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Personal injury lawyers in Melbourne

Extreme Sports Injury: Can You Sue for Compensation?

It is worth mentioning that sports injury does not only relate to professional players, it also includes the sports spectators as well. If you have an extreme injury from a sporting event, you may be entitled to claim for any injuries that you may experience.

To some people, sports is a hobby while others, sports is more than that because sports acts as a source of income to them. Some sports such as hockey, rugby, cricket, boxing are extremely risky, and they can warranty a compensation if an accident occurs.

For you to be in a position to sue for compensation, the injury must have occurred under abnormal circumstances, like intentional harm caused by the recklessness of the other person. There must be proof that the other person was in the wrong and an injury happened because of that.

Several factors can lead to sports injury on the player’s side, they include:
  • Poor coaching – using the wrong tactics taught by the coach and cause injury to the other players.
  • Violent behavior – it can happen during a game.
  • Improper tackle – for example a tackle done during rugby game but done incorrectly.
  • Unmaintained field- uneven or poorly maintained playing courts of fields can lead to serious injuries.
Sports injury on the side of spectators can be caused as a result of:
  • Gaming equipment- for example when the balls frequently get their way into the crowd and cause a serious injury.
  • Game riots- this happen when one team decides to fight the other team, and it can also lead to significant injuries.
  • Poorly maintained stadiums- in this case, the injuries might be caused by the seats collapsing due to poor maintenance of the stadium.

Anybody can file a claim for sports injury irrespective of the age. The compensation could be for a broken bone, fractures, head injuries, etc. If injuries happen for either the players or the spectators because of the above factors, compensation is warranted.

The procedure for filing a sports injury claim

There is a procedure that should be followed if you get a sports injury. If the injury happens as a result of negligence, then it is your right to get compensated if you make a claim. The compensation will include the medical or any other costs that are incurred together with any injury and suffering you may undergo. The procedure involves:

  • Getting treatment- it is essential that you get medical attention so that the doctor can handle your injuries and have a diagnosis filed and recorded. Visit your GP, physiotherapist, chiropractor or osteopath for starters and ask them to document your injuries.
  • Note down the witnesses- You should note down the information of witnesses that were there when you got injured as a reference for your claim.
  • Get a good personal injury lawyer- you should hire a personal injury lawyer to handle your sports injury compensation case. Personal injury lawyers in Melbourne can handle such kind of cases diligently.
  • Present any necessary documentation- if you have any important information regarding your sports injury claim, you should give it to your lawyer. The information may include medical bills, incurred expenses, etc. These will determine how much you should be compensated.
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Can You Sue People Who Bug Your Privacy?

It is an offence to install a surveillance device and/or maintain a listening device to record private conversations. In addition, it is an offence to monitor or listen to a private conversation. It is, also, an offence to pay someone to do any of the things already mentioned above. These prohibitions are only for private conversations. If you do any of the above in a place where the conversation is not private, then, it is not an offence. The legal definition involves private conversations not being those where those involved should reasonably expect that their conversation may be overheard. Therefore, the question, can you sue people who bug your privacy the short answer would be yes.

It is Illegal to Listen to Private Conversations

You cannot legally install an audio surveillance device to record your spouse having private conversations with other people, on the phone for instance. This is a federal offence under the Telecommunications (Interception and Access) Act 1979, see sections 5 and 34. A police warrant can make it legal to do the above, if it is a warrant specifically for that purpose. A mother or father could gain a warrant to record and listen to activity and conversations in a child’s bedroom if it was reasonably suspected that sexual abuse was occurring and there was a warrant issued under that understanding.

Optical Surveillance Devices

The proliferation of industrial espionage counter surveillance experts is testament to the growing popularity of this trend, despite its illegal nature. Optical devices fall under the same constraint, in terms of it being illegal to visually record someone in a private situation without their explicit consent. There are various scenarios where it is legal if there are reasonable grounds for lawful interest. Someone setting up surveillance cameras on their property to protect them from theft or trespass, for instance.

Tracking Devices

It is an offence to install or attach a tracking device to determine someone’s whereabouts in geographical terms, without their permission.  In terms of suing someone who bugs your privacy, if you had first taken successful criminal action against them, it may be possible to establish grounds for compensation under a number of different scenarios. If the information recorded was commercially sensitive, then, this would seem a logical step to take. The invasion of privacy in Australia under existing common law has, so far, found no tort of privacy in the appellate courts.

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Class action compensation Over A Sex Toy

Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

Believe it or not, your sex toy is now capable of connecting to the Internet. These sex toys are meant to be used by couples, wherein the other partner can be in total control of the vibrator by using Bluetooth or a smartphone application. However, security researchers found out that the company is using the smartphone app to collect data regarding how their customers use the sex toys. These include the vibrator’s setting, the e-mail address of the customer and how frequent the toy is being used. Because of this, the company faced a class action compensation lawsuit from its customers. 

Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

There are endless varieties of people who use sex toys. This is why adult products, such as sex toys, are very in demand right now. According to the Sydney Morning Herald, the maker of We-Vibe, the sex toy in question, collects the information for product improvement and diagnostic However, the lawsuit claims that the company intercepts and track the electronic communication between the app and the vibrator, and then transmit the gathered data to the company’s servers in Canada.

Just last month, Standard Innovation, We-Vibe’s manufacturer, agreed to settle for $3.75 million. According to the deal, the company will pay the Americans who purchased the sex toy before September 26, 2016. Product users will get up to $199 in settlement, while those who use the sex toy via the smartphone app are expected to receive as much as $10,000. That said, CTV News reported that these numbers may be lower than the actual settlement claim.

According to the plaintiff’s lawyer, around 300,000 purchased the Bluetooth capable sex toy, while at least 100,000 downloaded the mobile app. Based on the lawyer’s estimate, those who used the smartphone app will only get $500 each, while those who did not will only be awarded with $40. The settlement will also compel the company to cease monitoring and collecting the user’s information, and destroy the gathered data.

The class action compensation also sheds some light about the secret data collection practice of some companies. As per the claim, what Standard Innovation did was extremely offensive since the collected information about the product users’ sexual activity is confidential. This revelation caused anxiety and humiliation, the plaintiff’s lawyer added.

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bizarre compensation story

A Billionaire Sues a Brothel: Bizarre Compensation Story

Truth be told, legal actions in the adult services industry are fairly common. Tabloids, online news websites, and even respected newspapers are teeming with litigations involving customers and/or brothels. For instance, a sex worker in New Zealand sued a brothel owner for sexual harassment. She won the case and received $21,000 for indemnities. Proprietors of bordellos can also bring charges against their patrons and employees. For example, Daily Mail Online reported that a brothel manager filed charges against an escort for hitting him. As per the news report, the escort snapped when the manager declined to give her long hours on her shift. These stories are typical scenarios in the four corners of a bawdy house. However, it is rare to hear (or see) that a billionaire sues a brothel. A bizarre compensation story like this is far more interesting than a brothel suing Khloe Kardashian.

A Billionaire Sues a Brothel: Bizarre Compensation Story

Sydney has many upmarket brothels due to prostitution being legal. Because of this, locals and foreigners frequent exclusive bordellos in the city. The reputation of Sydney’s brothels even reached Asia and the Americas. With the promise of steamy and fulfilling sexual encounters, Yu “Martin” Xu, a Chinese billionaire, tried the sexual services of Royal Court, which is a Sydney-based escort agency.

Not finding what he was looking for in brothels closer to China, Xu sought the services of Royal Court. According to The Daily Telegraph, the escort agency promised Xu a tryst with the Transformers and Teenage Mutant Ninja Turtles star Megan Fox, Victoria’s Secret model Candice Swanepoel, and Chinese actress/model Yang Ying. However, after paying $3.7 million, these A-listers didn’t show up on the scheduled rendezvous.

As per their website, the Royal Court claims to offer sexual services from local and international celebrities anywhere you are in the world. On the part of Xu, he agreed to pay extra for the airfare and accommodation of these celebrities so that they could meet him in China. Moreover, he paid $27,000 for the joining fee, and made four bank transfers totaling to $3.7 million.

Although there is no concrete evidence that these celebrities are engaged in the sex trade, agents from the escort company approached Xu and promised a one-night stand with these women. Based on the documents filed in the NSW Supreme Court, Xu wants to recover the money he paid to the agency and is suing the company for “breach of contract, unjust enrichment, and misleading and deceptive conduct.”

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The Hurt Locker: Where Rugby Injuries Can Ruin Lives

World Rugby, Union and League, demands the running and endurance of 11-a-side football combined with heavy contact and rough tackling. Where there is smoke, there is fire. With such a volatile match play event, there is always a potential for injury both mild and serious (such as traumatic injuries sustained during collisions with other players or the ground surface during scrumming, rucking & tackling etc)

Most Common Rugby Injuries

Medial collateral ligament (MCL) injury
What is it? The MCL is a ligament found in our knee, which works with other ligaments to give us stability during running and walking. Injury is caused by the fibres that make up the ligament being torn or completely ruptured.
Why does it occur? MCL injuries are more likely to occur in players who play in a back position, due to the increased likelihood of being tackled and the requirement for fast changes of directions. The force of a tackle can place excessive strain on the ligament causing the tear.
What can be done to prevent it? Conditioning training can be undertaken to improve the strength of the knee and speed work, which improves the resilience of the knee to the stresses and strains of sudden changes of direction.

Calf Muscle Injury
What is it? A calf strain is a tear to the either the Gastrocnemius or Soleus muscle, most commonly at the point where they join the Achilles tendon.
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight calf muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching, structural problems e.g. over-pronation (rolling inwards) or over- supination (rolling outwards) of the foot.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can prevent injury.

Thigh Haematoma
What is it? Haematoma are caused by a direct blow to the affected area. They are basically a severe bruise as the trauma causes damage to the blood vessels leading to blood leaking around the tissue forming a large clot.
Why does it occur? From physical contact and impact. As rugby is a contact sport these injuries are bound to happen.
What can be done to prevent it? Not much! It is very difficult to prevent without changing what makes rugby such a great game. Early implementation of RICE (rest, ice, compression and elevation) principles can dramatically reduce recovery time and should be implemented as soon as possible post injury.

Hamstring Injury
What is it? It is a tear of the muscle fibres that make up the hamstring (bicep femoris, semi-tendinosus and semi-membranosus).
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight hamstring muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching and structural problems.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can help prevent injury.

Concussion
What is it? Concussions are traumatic head injuries that occur from both mild and very severe blows to the head.   Why does it occur? It is simply caused by the physical contact nature of rugby.                                                                    What can be done to prevent it? Not much! It is very difficult to prevent without changes what makes rugby such a great game. The RFU work hard to ensure they have a robust process in place to manage suspected head injuries effectively.

Overuse Injuries
Because rugby involves a great deal of running, tendinitis in the knee or ankle, medial tibial stress syndrome (shin splints) and bursitis are all overuse injuries commonly seen. Although these are usually not considered “serious” injuries, they can adversely affect performance and possibly lead to more complicated conditions if not properly addressed by a qualified sports medicine professional.

As it is a collision sport, traumatic injuries do occur in rugby. They can include fractured bones, dislocated fingers and elbows, cuts, sprained ligaments and strained tendons or muscles and deep muscle bruises. There has been an increase of facial fractures, especially of the nose because helmets are not worn.

Injury Treatment
When recovering from a rugby injury there are a few things to consider. As with most sports, regaining strength and flexibility after an injury are important to a successful rehabilitation. Neck, shoulder, hip and core strength, as well as flexibility of the hamstrings and hip flexors are important for overall conditioning and can minimize the chances of an athlete sustaining a secondary injury. Because rugby is a continuously moving sport, working to regain a high level of endurance also plays a large role in the effectiveness of a player returning from a rugby injury.

Injury Prevention

Practice a balanced and structured training regimen involving strength, flexibility and endurance.

Always use proper technique when tackling, rucking and scrumming.

Learn proper positioning during game play to minimize risky moves.

Use a quality, properly fitted mouth guard.

Participate at a level consistent with ability.

Adhering to the rules for the formation of the scrum.

Ask your athletic trainer or other sports medicine professional about any training or injury questions.

 

 

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Medical malpractice negligence: Doctors and Hospitals Living in Fear

Medical malpractice happens. It is a fact of life for thousands of innocents both locally and internationally and in many cases, it can be a game changer. The temptation is to think, to hope, to hypothesize, that it will never happen to you? You will never be hit by lightning, never suffer a collision with a bus or indeed play the starring role in a medical malpractice case? The numbers don’t lie people, it could be you or I caught out, woefully unprepared and or poorly informed. How to deal with a negligence case, how to navigate through the red tape of  a malpractice  case, those are the big questions and the key answers open for intensive debate.

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.A, that is, behind heart disease and cancer. In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.

A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.

dental negligence compensation malpractice sue your dentist my

Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the injuries and damages documented in the records—after they’ve been reviewed by an expert in the pertinent specialty—are substantial and justify it.

Being proactive about medical care is undoubtedly the best step. Patients should do research to understand their health condition, and document their symptoms. They should ask health-care providers a written list of questions that they feel are important, and expect—indeed, demand—full and complete answers. It’s also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it’s important to trust your doctor or nurse, it’s also important to listen to your body … and use common sense. Also advisable: Have a family member or friend accompany you on important visits to healthcare providers.

Patients choose not to pursue valid medical malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.

medical malpractice sydney compensation melbourne

Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.

Hospital systems and health-insurance companies significantly impact the quality of medical care that patients receive. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, isn’t answering questions or isn’t giving you—or your condition—adequate time and attention. Always be on guard or as a very wise medical patient once said “Always hope for the best but prepare for the worst”.

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Standing Up for the Rights of Disabled Workers

It is still an unfortunate fact that some employers will take advantage of vulnerable workers in their employ. It may be business owners exploiting newly arrived migrants or refugees, by not informing these people of their rights under Australian Government laws. Even more despicable, are the employers who exploit disabled workers in their employ, with under paying of wages and not providing adequate support and workplace conditions. Some businesses think that just giving disabled workers a job is enough and that they do not consider them deserving of a proper wage.

Standing Up for the Rights of Disabled Workers

Businesses that work in the charity sector have, unfortunately, been the worst offenders in this regard and they employ more disabled workers than any other sector. Australian Disability Enterprises (ADE) pays some of their intellectually disabled workers less than $2 per hour to pack boxes in their sheltered workshops. They manage to get away with this appalling rate of pay by basing their remuneration on productivity via the Business Services Wage Assessment Tool (BSWAT). One wonder whether our legalised treatment of those with intellectual disabilities actually belongs back in the eighteenth century.

Probono legal service groups are beginning to challenge some of the worst economic mistreatment of disabled workers, but the Australian Government needs to close these loopholes. The dignity of work is one thing, but if you are being woefully exploited, so that in addition to full time work you require welfare payments just to survive, something is wrong. I remember delivering charity ribbons to letter boxes for an Anglican charity many years ago, when I was down on my luck. This kind of position is filled by many disabled people. I worked out that I was earning about $3 an hour.

Reasonable rates of pay must be afforded to disabled workers. When a disabled person purchases a product or buys a cup of coffee, they do not get a reduced price. So, why should they be made to suffer at the production end of the equation? Compassion does not mean it is OK to pay peanuts to vulnerable people. Compassion is of a higher order altogether. With technology achieving so many things in workplaces, it surely must be possible to invest some friendly computerised technology into these charitable industries, which employ so many people with disabilities. Let’s get out of the dark ages and smarten up, compassionately. There are wonderful organisations who support disabled people and their families in Sydney and throughout Australia.  The disability service provider in South West Sydney is helping many vulnerable people meet and overcome some of the pressing challenges in their lives. We need more organisations like this and greater government funding in this sector, not less. Did you hear that Malcolm Turnbull?

 

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Slip and Fall Compensation Lawyers Win Cole’s Case

Slip and Fall Compensation Lawyers Win Cole’s Case

Coles has fallen foul of the new legal trend in Australia, which sees successful compensation complaints by plaintiffs being awarded substantial amounts of money. In this particular case, a woman wearing thongs whilst shopping in a Cole’s supermarket slipped and injured herself. But the term ‘injured herself’ is not correct, as the court found that the lady concerned slipped because of Cole’s negligence. She was walking in front of a refrigerated cabinet containing fruit and vegetables; and was accompanied by her eight-year-old son. Apparently, the woman did the splits and then, was flung of her feet to hit the ground painfully.

Ms Hill, the woman who suffered the fall and consequent injuries, was awarded $292 335 in the NSW District Court. Her injuries to her left ankle required surgery, crutches for several weeks, and she now walks with a permanent limp. Judge Phillip Mahoney described her injury as severe and that this has affected her mobility and her ability to carry out the normal tasks of life. The amount of compensation awarded was influenced by the fact that Ms Hill had a disabled husband and the injury had made domestic life extremely challenging for the plaintiff.

Coles had argued that Ms Hill had injured herself through failing to be observant as to nearby hazards; and that it was her negligence which had caused the fall and the resultant injury. An employee of the Coles company gave evidence that he did not see anything on the ground immediately after Ms Hill’s fall. The court viewed CCTV footage from the supermarket, but critically there were 27 seconds of the film missing which would have shown the fall. Counsel for the plaintiff submitted that one could infer that the CCTV footage had been tampered with, but this was denied by the Cole’s store manager who had provided the CCTV footage. In the end, Judge Mahoney disagreed with Coles and found that Coles had a responsibility to ensure that its supermarket was safe for customers; and that there should have been a mat in front of the refrigerated cabinet. The mat, which was usually in place, had not been replaced by cleaners after cleaning the supermarket floor in this part of the store.

Slip and fall compensation lawyers win Cole’s case and pave the way for more successful compensatory cases like this in the future. Responsibility lies not with the individual anymore but with those who entice him or her into their store.

 

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Sexual Assault and Rape Compensation Lawyers

Sexual Assault and Rape Compensation Lawyers

We live in a new world where sexual assault is no longer, merely, suffered in silence, but has become a deafening roar. Women, and some men, who claim to be sexually assaulted are reporting these crimes in ever increasing numbers, right around the western world. In the United States, especially at its many colleges and universities, sexual assault and the judicial system are coming under attack from both sides. One in five women and one in twenty men have been victims of sexual abuse through non-consensual sex, according to research conducted by the Association of American Universities. In Australia, serious numbers of sexual abuse claims are also occurring at our universities.

In the US women are claiming to have been sexually assaulted in substantial numbers and the universities’ responses are being challenged by male students, who have been punished by the institutions but are claiming their innocence. Former students who were expelled after being found guilty of sexual abuse by the university are now suing these institutions for wrongful disciplinary findings and damages to reputation and future earnings. In the US, which is the home of the compensation industry at large, lawyers are hard at work making the lives of university vice-chancellors a misery. Colleges are being accused of being too quick to condemn accused students so that they appear to be tough on sexual abuse on campus. Investigations have been found to be cursory rather than exhaustive, which can lead to these expensive compensatory consequences later on. Sexual assault and rape compensation lawyers are spoiling the politically correct party for these American colleges and universities.

Looking at this from a sociological perspective, you have large numbers of young and sexually active people all in close proximity to each other. You most likely also have alcohol and drug use contributing to a fuelled atmosphere. In addition, you have a climate of complaint and legal redress in the United States unparalleled at any other time in history. Together this is a recipe for a social bomb ready to go off at campuses around America and probably right around the western world. There is no denying that there are victims of sexual abuse and the abusers should by rights be punished, but the seriousness of the charge of rape deserves lengthy investigation, which universities are not really set up to perform. The justice department may need to create a preliminary investigative body to properly examine these charges before they go to full trial. Students would be suspended from studies pending the outcome of these investigations by a proper judicial authority.

 

 

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