Lawyer Blogs

In most cases doctors need informed consent of the patient before performing any medical procedure on a patient. However, sometimes under certain circumstances, there will be moments where a doctor does not need the patients informed consent, and those are the following: During an Emergency When there is an emergency, there is a lack of time in explaining all the known risks that could occur. The doctor has to quickly react in order to save the patient’s life. If the patient would not have allowed the treatment during these circumstances, they cannot sue regardless of the fact. When a patient is very emotionally fragile: If the doctor knows that a patient is so emotionally overwhelmed that will cause them to refuse a procedure or a treatment that is in other words required to save their life, then the doctor might not need an informed consent. Ax example would be if a...

Doctors have an obligation to make their patients aware of any uncertainties that can happen during a procedure they undergo, or a treatment that they receive. This is known as ‘informed consent’. Without an informed consent, the doctor cannot go on with a procedure, but if they do and the patient gets injured, then the patient will be allowed to file a medical malpractice claim against the doctor. Listed below will be what makes up an informed consent, when does it have to be applied, and if there are any exceptions to the rule. Defining Informed Consent There are always risks associated with procedures and treatments. The MD is legally responsible to tell the patient of these risks that can happen and let them decide if they want to continue with the procedure or treatment. This is where the informed consent takes place. Most of the time, a patient has to...

Five Ways to Maximize Personal Injury Claim Value 1. Seek Prompt Medical Attention Seek immediate and prompt medical care, because delays in diagnosis and treatment can be costly from both a health standpoint and from the perspective of presenting a claim. Insurance companies don't like "delays in treatment." Delays or gaps in treatment could hinder the beneficial outcome of your case. A delay or gap in treatment is the period that the claimant goes without seeking medical care after an injury. It is important that you receive immediate care for any injuries that result from the accident to prove your case.  Go to the emergency room, visit a primary care physician, follow up with specialists or see a chiropractor. It is important that you show the need for care was immediate. When there is a long delay before treatment, an insurance company is less likely to acknowledge that the injuries incurred...

Drowsy driving causes a large number of accidents each year in California as well as across the nation. When a driver drifts off to sleep, they may cause crashes that seriously or fatally injure themselves or others. Before drowsy drivers even fall asleep, though, their driving abilities are impaired. They may have slowed or delayed reaction times and make poor driving decisions because of their tiredness. The problem of drowsy driving is well known and has been the subject of studies and research. Recently, the Harvard T. H. Chan School of Public Health held a forum that was focused on drowsy driving, its causes, the groups with the highest risks and possible preventative measures.  Harvard public health forum and drowsy driving statistics According to Charles Czeisler, who is the director of the Harvard Medical School Division of Sleep, 56 million people in the U.S. admit that they drive when they haven't...

If you have an injury resulting from another person’s actions or negligence, it would be a good idea to get in contact with a personal injury lawyer . Some might say that personal injury lawyers are sharks out to make a quick buck off of unsuspecting victims, but that is hardly the case. Personal injury lawyers’ main job is to represent you in court so that you are not taken advantage of by negligent parties, companies, or insurance adjusters. It turns out, they are a little afraid of personal injury lawyers, and here’s why: Personal injury lawyers are experts in their field. Many think that any lawyer would be able to do personal injury, but it takes a great deal of specialized schooling to become a personal injury lawyer. If you contact a normal, non-personal injury lawyer, you are not likely to receive the compensation that you deserve. A personal injury...