Most Common Medical Malpractice Claims

Medical malpractice often gets covered in the news. The big cases are worth millions, and the details often make for good reading that sells magazines and newspapers and gets people to read blogs.

However, for all that, most people don’t know what medical malpractice consists of, which means they can’t protect themselves against it in the future.

To help shed some light on the topic, here are some of the most common medical malpractice issues that arise in lawsuits:

  1. Surgical error

Everyone has seen the images of medical tools left inside people after a surgery or heard the stories of surgeons operating on the wrong person or the wrong body part. Those can be amusing stories when they happened to someone else, but they are worryingly common and could happen to anyone.

  1. Missed diagnosis

We often assume what our doctor says is the full truth, but doctors are prone to jump to conclusions just like anyone else. Sometimes they get it wrong, and that can lead to awful results, from diseases left untreated to painful treatments that were unnecessary.

  1. Birth injuries

Turning a beautiful moment into a tragic one through birth injuries should not happen, but it is common, and the medical professionals responsible should be held accountable.

  1. Medication errors

Giving someone the wrong medicine can have seriously negative effects. Not only does it expose someone to side effects from taking the wrong drug, it leaves the disease (or pain or other issue) that is the problem completely untreated.

  1. Anesthesia errors

Whether it leaves the person in pain during an operation or exposes the person to great risk (or even death), a misuse of anesthesia is sure to have drastic consequences.

  1. Emergency room errors

Everyone understands that an emergency room is a stressful location for doctors and nurses. The high number of patients that come in with a variety of serious cases makes it hard to give enough time and focus on each individual case that walks through the door. Nevertheless, that is what is required, and falling short means those patients are exposed to greater risks just when they needed the most attentive care.

  1. Wrongful death

Many of the above can lead not just to discomfort but to death. No matter the cause (whether a surgical error, misdiagnosis, medication or anesthesia errors, etc.), if a doctor or other medical professional is directly responsible for the death of a loved one, something needs to be done about that.

Needless to say, if any of these occur to you or a loved one, contact a lawyer. Ideally, knowing the risks, this list will hopefully encourage more attentiveness from patients to make sure these errors don’t occur in the first place. A little skepticism about a diagnosis or prescription, for instance, can help avoid a serious mistake being made.

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Texas tree pests and invasive species

With the advent of the internet, we are pushing ever more towards a more connected world. As we get a taste of other cultures around the globe, and as travel becomes cheaper and more abundant, we can finally visit these fantastic places. Once you pack your bags and book a flight, be careful nothing else is hitching a ride with you; you could be bringing in an invasive insect or plant species that could destroy local wildlife. This is already a widespread problem, and native Texas trees are paying the price. has neatly organized a lot of data from the Centre for Agriculture and Biosciences International to show just how many countries are affected by invasive plant and animal species. The United States ranks in the top 15 countries affected the most by invasive species, sitting at number 10. It is estimated that in the United States alone, non-native plants and animals are directly responsible for the decline of 42% of the nation’s threatened and endangered species. One of the biggest threats to Texas is the Cottony Cushion Scale, a white, beetle-like insect that extracts the sap from trees and causes leaves and branches to die. In addition to sap extraction, this insect also leaves behind a certain type of mold that prevents air and light from getting to the leaves, halting photosynthesis and stunting growth. This pest is particularly attracted to citrus trees, and an infestation can be deadly. As it can be found all in over 100 countries worldwide, you are at risk for being an unwitting carrier for this tree killer by traveling nearly anywhere. Of course, insects are not the only problem; weeds can be invasive as well and take away nutrients from already established trees.

What can you do if you notice a pest like the Cottony Cushion Scale feasting on one of your fruit trees? There are many pesticides that are designed to kill insects and not the plants they are hosting on, but depending on the type of pest and the type of tree, and depending on how much damage has already been done, the brand and dosing of the pesticide should be left up to professionals. Many tree care companies, like Hamlin Tree Care in Austin, will conduct a thorough health assessment of your trees so you know exactly how to care for them in the event of an infestation.

Even though most countries are doing their best to control the spread of invasive species, you can help them out by not contributing further to the problem. Wash your clothes before you travel to rid them of any insect eggs or spores, and do not try to take any plants with you on your trip. In addition, the old adage is true: knowledge is power. If you find a pest on your trees, always know what you’re dealing with. Experts will help you identify the pest and make a plan with you to help your trees recover.

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Family Law

Sometimes referred to as matrimonial law, family law is a practice area that deals with family and domestic relations. Most family lawyers represent clients in divorce proceedings and other matters related to divorce, but family law actually covers a variety of issues ranging from foster care and reproductive rights.

Practice areas

As the lawyers at the Law Office of Andrew A. Bestafka, Esq. explain, family law covers topics such as the following:

  • Adoptions: to legally adopt a child, a number of formal legal procedures must be performed. These procedures vary by circumstance and may be different depending on the individual’s marital status and relation to the adopted child.
  • Divorce: divorce cases come in a variety of forms including contested divorce, uncontested divorce, mediated divorce, simplified divorce, same-sex divorce, and military divorce
  • Separation: covers cases in which couples are considering a divorce but may not be ready to legally end their union immediately
  • Child Custody: entails determining the best possible post-divorce living arrangements for a child
  • Child Support: helps determine how a child’s upbringing will be financed, particularly in cases where the parent with primary custody requires financial assistance
  • Property Division: entails the allocation of both assets and debts between a couple
  • Alimony: alimony is generally arranged to ensure that both spouses can maintain a comfortable lifestyle after separation when one spouse has been supporting the other for a considerable amount of time
  • Mediation & Arbitration: lawyers can help couples resolve important issues such as child custody and property division through mediation and arbitration
  • Domestic violence and restraining order: victims of domestic violence can obtain a restraining order to prevent their abuser from getting close to them or their children. Restraining orders can be either permanent or temporary, and can be even be obtained when one is still married.

Even amicable divorces can be legally complicated, so it’s often a good idea for couples to hire an experienced lawyer who can help them navigate the process.

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Tips to Avoid Car Accidents

Traffic accidents often involve a huge amount of force, resulting into injury or even death. For this reason, drivers, pedestrians, and passersby should all make the effort to avoid collisions. This is especially true for drivers, because they control the vehicles, which are the primary catalysts of road accidents.

According to the website of the car accident lawyers of Evans Moore, LLC, victims of car accidents may pursue compensation and justice using comprehensive legal strategies. This proves that the law is on the side of the victims. As a driver, you should avoid negligent and reckless behaviors to prevent going to court.

Check your vehicle

One of the most overlooked factors in car accidents is the car itself. Without the proper maintenance, vehicles may be prone to defects, such as in the brakes, tires, door latches, and seatbelts. Always make sure that your vehicle is in top condition to avoid auto defects that may trigger accidents.

Follow safety procedures

Accidents may happen even if you are careful, so it is best that you are maximizing the safety devices in your vehicle. Make it a habit to wear your seatbelt, even if you intend to travel slow. Make sure that your child safety seats are working properly.

Avoid distractions

Always focus on the act of driving. Avoid objects that may put your eyes off the road or your hands off the wheel, such as mobile phones and food. Also, try not to engage in too much talking with your passengers, as it may distract you from the act of driving.

Don’t drink and drive

Driving under the influence of alcohol or drugs is one of the most common causes of devastating car accidents. Alcohol and drugs have negative effects on the body, compromising your driving skills and overall safety.

Follow traffic rules

The most basic thing you can do to avoid accidents is to follow the rules of the road. They are enforced not to step on your rights to do whatever you want, but to make sure that everybody on the road is safe.

Stay away from reckless drivers

Sometimes, accidents can happen because of another person’s fault. As much as possible, stay away from vehicles who do reckless behaviors, such as speeding, weaving, and tailgating. Of course, you must also avoid these reckless behaviors yourself.

Consider road and weather conditions

Other external factors that may trigger accidents are the conditions of the road and the weather. Before traveling, know the road you are going to pass through, to identify sharp curves and other potentially dangerous traits such as potholes and lack of barriers. Weather elements, such as rain, snow, ice, wind, and fog, may also influence the effectiveness of the road and its visibility.

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Workers’ Compensation: Resolving Construction Site Injuries Caused By Employer Negligence

Reports from the Occupational Safety and Health Administration or OHSA found that an alarming number of 3,929 fatalities occurred in the private construction industry for the year 2013. Considering this data, it comes as no surprise that construction work is identified as among the most dangerous professions in the United States. Based on the reports collated by the OHSA, construction site injuries and deaths are typically caused by accidents like electrocution and workers falling off from significant heights or getting caught in between heavy equipment or objects.

Preventing accidents like these should be of utmost importance for everyone involved in the construction industry. State and federal laws can only do so much to regulate the safety of any given workplace. In the end, much of the responsibility for creating a safe working environment lies on the employers. Construction firms and companies that fail to live up to this standard can be held accountable for workplace accidents that lead to serious injury for their employees. These employers may even be proven to be negligent if it is proven that an accident in question had been caused by direct violations of safety codes mandated by law, or their inability to provide appropriate training for new employees.

In cases of workplace accidents caused by clear instances of employer negligence, employees are supposed to be entitled to workers’ compensation benefits that will help them cover all the expenses associated with getting treated for and recovering from an injury. As one can imagine, workers that become injured in construction sites could end up losing their opportunity to earn an income, and employers should be able to help them navigate the suffering caused by the accident in question. If you are in a similar situation, know that you are entitled to workers’ compensation benefits that can help cover medical expenses and other financial burdens caused by your injury. Do not hesitate to contact a qualified legal professional working in your area for more information.

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Facts about Mediated Divorce

Despite being expensive, time-consuming, and emotionally taxing, divorce can sometimes be the best option for a relationship that has run its course. However, there are alternative options to the general contested and uncontested divorce settlement paths. According to the website of Holmes, Diggs & Sadler, mediated divorces can assist couples in reaching an agreement sooner and with greater communication and cooperation.

Divorce requires a great deal of collaboration between the two parties. This being said, the process can also be very painful and result in difficulties settling. A mediator is a beneficial and neutral party who, in addition to litigators who can represent their clients and their best interest with a high level of knowledge of legal terms, benefits, and consequence, resolves disputes to come to an agreed upon settlement.

The benefits of a mediated divorce are fourfold:

  • Confidential proceedings. Nothing either party says during the mediation can be used against them in court. Neither the mediator or either attorney can testify to the character of the divorcing couple. Thus, emotions and grievances can be aired without fear of procedural consequences.
  • Creative, workable agreement. Because the divorcing couple has the opportunity to sit down and lay out clearly for one another what they want, it is easier for them to reach a mutually beneficial and unique agreement that a court proceeding might not come to.
  • Savings in money and time. In bypassing the legal system and coming to a settlement in private, a couple saves a great deal of time in court (and thus out of work) and the cost of needing an attorney for multiple court visits.
  • Better communication between parties. Mediated divorces customarily involve the two parties (and their respective attorneys) face-to-face with the mediator to keep the conversation on track and suggest solutions. Couples who undergo mediation have a better chance for some level of reconciliation and improved relations.

Because mediated divorce allows for the above advantages, it is one of the more popular courses of action when couples are unable to come to an agreement amongst themselves.


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Going Natural With Clay

The rising trend around the world today is to go all natural. With all the harmful chemicals that are present in everyday products, it is vital to find natural alternatives that will not put our health in danger. These days, a consumer never can be sure when they’re being exposed to dangerous chemicals. For example according to an article in Newsweek the Food and Drug Administration (FDA) recently banned three chemicals frequently used in food packaging such as pizza boxes. As a counterbalance, one of the things that are getting more and more attention is the bentonite clay. This is one of the many healing clays being sold in the market that offers an alternative to not only cleansing the body form bad and unwanted chemicals, but also prevent future illnesses and diseases.

Healing clays such as the bentonite clay are the type that you can take internally and are used for their cleansing effects. They have been used by people for thousands of years, and have recently got back on the spotlight due to their popularity in detoxification treatments. According to the website of Earth’s Natural Clay, that is generally how bentonite clay helps the body – it helps cleanse and remove the heavy metal toxins out of the body that can potentially lead to serious health issues like cancer. The naturally negative-charged bentonite clay binds with the positive-charge heavy metal toxins to make the toxin-removal process easier and faster.

Furthermore, ingestible clay also contains a number of important nutrients vital to health. The abundance of silica, magnesium, calcium, copper, potassium, and iron provides a natural source of supplement. Products can be a natural alternative for having a balance of nutrients and minerals in the body and flushing out the unnecessary toxins that the body does not need. Because of its alkalizing effect to the body, it greatly helps in neutralizing the gut bacteria when taken correctly.

The use of bentonite clay has been documented in as far as thousands of years in various cultures such as those from Australia, Andes and Central America; they are generally used by natives to avoid poisons from the food that they eat. According to research, bentonite clay has helped in eliminating MRSA and E. coli, salmonella, and many others. Further research may still be necessary, but what studies have shown is that regarding of the way it bentonite clay is consumed MRSA or other bacteria may not have the ability to develop any resistance to the clay as opposed to other antibiotics.

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