What to Do When Doctors Make Mistakes

If you’ve ever wondered what to do when doctors make mistakes, there are instances when doctors do make mistakes in diagnosis or treatment of a condition. This often raises a number of concerns such as the well-being of the patient and more importantly the impact of the error on the patient’s condition. Ultimately, the incident may raise red flags such as when the patient suffers as a result of the doctor’s misdiagnosis, and it amounts to medical malpractice. In some cases, it’s more complicated than you might think however it is what occurs in the healthcare setting that undoubtedly leads to a valid malpractice claim.

To know whether you have a medical malpractice claim, you need to understand exactly what medical malpractice is. You could either be a victim of medical malpractice or merely a mistake on the part of a healthcare professional or healthcare facility. To put forward a medical malpractice case, there different elements that must be in place. When these different elements are in dispute they must be established through evidence and testimony by either the plaintiff or their legal team.

To open a medical malpractice claim, there must be an existence of a patient-doctor relationship. The plaintiff must also be able to prove medical negligence which ultimately means that there was a failure to provide treatment according to the acceptable medical standard of care. The plaintiff should also prove that there was a causal connection between the patient’s harm and the care providers medical negligence which is often referred to as quantifiable harm to the patient.

Basically, the question you have to answer is what is the accepted practices around the medical procedure or treatment that led to the alleged mistake. The patient’s expert medical witness usually provides this answer and these are usually doctors who have expertise in the patient’s condition. These doctors also practice medicine in the same geographic area as the defendant doctor.

In most cases, it’s not enough just to prove that your doctor made some type of mistake. The expert witnesses have the responsibility to prove a causal link between the measurable harm done to the patient as a result of that mistake. So basically, in other words, it needs to be proven that had it not been for the error on the doctors part, the patient would not have experienced a deterioration in his health condition. If this cannot be proven, reasonable doubt implies that there could be new health problems that require additional medical treatment. Ultimately, unless the patient suffered some type of harm because of the doctor’s error, there can be no medical malpractice lawsuit.

However, if you’re thinking about talking to an attorney about a potential malpractice case, it should give you some type of solace knowing that you will not need to pay for legal representation right at the beginning. Medical malpractice lawyers often take cases on a contingency fee basis. Aside from the fee arrangement, there are a few things you might want to ask your West Palm Beach medical malpractice attorney when you initially have a consultation with him.

Some of the questions that may not have obvious answers for include scenarios where you’ve travelled to another state for medical treatment and had some form of medical malpractice occur, and you would like to know whether you can file a malpractice suit in your hometown or whether you need to file it in the state where it occurred. You should also find out if your state has “tort reform” laws that basically restrict the amount of money you can receive from a medical malpractice lawsuit. You should also find out if there’s a time limit for filing a medical malpractice case.




Getting Maximum Workers Comp Benefit in South Carolina

A work accident leaves you in a tough spot. You’re hurt, you and your family are struggling without your income, and you might be impaired for life. Unfortunately, that injury can haunt you for some time, so what can you do about it?

When you’re hurt on the job, you deserve the maximum work comp benefits for your claim, but how do you get them? It can be tough to be sure you’re getting the full benefits you deserve alone, so be sure you’re getting the help you need.

Getting the Right Benefits

First, you’ll need to know what benefits you deserve. By starting here and calculating the worth of your damages with a South Carolina workers compensation lawyer, you’ll know what to expect and where to begin.

First, all your medical bills should be covered. If it was reasonably prescribed to help improve your injury, you shouldn’t have to worry about it. This also includes future costs, so if you have a surgery planned, be sure they’re covering it.

When you’re unable to work, you should receive a percentage of your pre-accident wages. If you’re unable to work at all, that amount should be two-thirds of your original pay. If you’re returning on “light duty,” you’ll receive two-thirds of the difference between your original income and your new wages. This can be a little complex, but a lawyer can help you calculate it properly.

Get Ready to Appeal

Even if you do receive an approval letter, you might be disappointed by what you find. You don’t believe that your benefits cover everything you need. You’ll need a better settlement, or you’ll need a settlement at all, if you were denied.

Fortunately, South Carolina residents do have the opportunity to appeal. You’ll file for a hearing about your claim within 14 days of your injury report, and the workers compensation commissioner will review your claim. With a lawyer on your side, you can get the full benefits you deserve, even if they don’t offer them all at first.

Fight Back for Max Work Compensation

When you’ve been injured at work, you’ll need workers compensation to recover fully from your injuries. Unfortunately, you might feel that you’re not getting the full amount you need to recover. What can you do?

What you’ll first need to do is call a lawyer. They’ll review your claim and determine whether you’re getting the full compensation you deserve. Once they review your claim, you’ll then need to know how much your claim is worth. Once you know what it’s worth, you’ll know what you need to fight for.

If you’ve been injured at work and you want to ensure you’re getting the max benefits you deserve, seek out a work comp lawyer. You’ll need help getting your compensation, and a lawyer can guide you to your maximum benefits.

What Are the Most Serious Felonies in Texas?

If you’ve been charged with a felony, you are in very serious trouble. You could be looking at life in prison and a number of other penalties, because a felony charge is the worst you can have in Texas. A felony conviction will forever impact your life.

If you are released from prison at any point, you can expect to find it nearly impossible to find an employer that will hire a felon, you won’t be eligible for financial aid if you hoped to obtain a college education, and housing will be difficult to find, because your background check will reflect your conviction. A felony charge should never be taken lightly.

You need a highly trained criminal defense lawyer who can help you overcome your charges. Continue reading to learn more about the different types of felonies in Texas and the crimes often associated with them.

Capital Felonies vs. State Jail Felonies

Texas law states that the most serious felony you can be charged with is a capital offense. You can expect to be charged with a capital felony if you committed murder. A capital offense is punishable by life in prison for individuals who were under the age of 18 at the time of the crime, life in prison without the possibility of parole, and the death penalty.

This is different from a State Jail Felony which is considered to be the least serious felony. You may be charged with a State Jail Felony if you were arrested for burglary, DWI, possession of a controlled substance and a number of other crimes.

The penalty for a State Jail Felony is up to two years in State Jail and fines up to $10,000. It’s important to note that State Jails differ from county jails in that State Jails do not provide earlier releases for prisoners who exhibit good behavior.

First Degree Felony Charges

More serious than a State Jail Felony and less serious than a Capital offense is a first degree felony. Crimes that are eligible for this charge include white-collar crimes, exorbitant theft, and ongoing sexual abuse, to name a few.

If you are convicted of a first degree felony, you could be facing fines not to exceed $10,000 and a maximum of 99 years in prison. However, you could also be sentenced to as few as 5 years in prison, depending on the nature and intent of your crime.

Penalties for Second and Third Degree Felonies

Though a second or third degree felony is not as serious as a capital offense or a first degree felony, your life will still be permanently altered for the worse if you are convicted. If you were charged with robbery, burglary, or any kind of sexual offense, you’ll also be charged with a second degree felony. Convictions come with up to 20 years of imprisonment and fines up to $10,000.

Domestic violence and multiple DWI’s mean that you can be charged with a third degree felony which carries penalties of a maximum of $10,000 in fines and 10 years in prison. As can be seen, felonies of any degree are something that should be avoided at all cost.

When you’ve already been charged, the only thing you can do now is retain a top criminal defense attorney in Texas to give you the legal advice you need to avoid conviction.

Work with a Qualified Criminal Defense Lawyer

To put it simply, any sort of felony conviction is going to effectively ruin your life. For this reason, you need legal representation. Fortunately, a qualified felony lawyer can defend you by building a powerful defensive strategy that will allow you to avoid being convicted. Don’t wait another moment, reach out for the assistance you need so that you can begin to put your mistakes in the past.

How Criminal Defense Lawyers Help Their Clients

When you are charged with a crime, it is a stressful experience.  The first step you should take is to consult with an attorney, whether you committed the crime or not.  

How Criminal Defense Attorneys Assist Clients

When you hire an attorney, he will protect your rights.  He will offer sound advice, and you will have all the information you need to avoid mistakes that could harm your case.  

If you did not do what you are accused of, an experienced attorney is your best chance for acquittal.  Your lawyer may even be able to get the charges dropped without going to court. If a trial is necessary, though, your lawyer will present the best defense so you can win your case.

A criminal defense lawyer does not only defend innocent persons.  If you are guilty of the charges, you want Christopher T. Hersem, criminal defense attorney on your side.  He can help the law work in your favor.

Depending on the circumstances, you may be found not guilty of the crime.  You can be exonerated of the charges, and enjoy freedom in your everyday life.  When this is not possible, expert representation can mean a lesser sentence than if you did not have a lawyer.  

Serious crimes carry severe penalties.  Depending on the crime you are charged with, this may mean a long period of incarceration, significant fines, or various other penalties.  Your lawyer may be able to get the initial charges reduced, or present other relevant evidence so the penalties are not so severe.

You Need an Experienced Lawyer

When it comes to criminal charges, there is really no such thing as a minor crime.  Even a misdemeanor can result in unexpected penalties that can impact your life. You should not make the mistake of thinking you do not need a lawyer if you are innocent, or that all hope is lost if you are guilty.  

Instead, think of how the charges can affect your future.  You do not want to be found guilty of something you did not do, and you do not want to face a long prison sentence even if you committed the crime.

From your first consultation, your lawyer is ready to help.  You will have solid advice and representation every step of the way.  When you have one of the best lawyers working for you, you can have more confidence about your future.



Find the Best Workers Compensation Lawyer

Workplaces must provide safe and humane conditions for their occupants. If a worker gets hurt or ill as a result of doing his job, then he is entitled to compensation from his employer or the appropriate insurance agency. Some industries have worse safety records than others. For example, the construction industry is known to face a lot of accidents every year. Slips and falls are common. In the manufacturing industry, workers can be exposed to dangerous chemicals that can cause serious illness. Treatment and recovery can cost tens of thousands of dollars or even more. Find the best workers compensation lawyer for reliable assistance.


Choose someone that specializes in this type of case. There is far too much complexity surrounding workers comp laws that it would be difficult for a non-specialized lawyer to get a good grasp of it right away. It would be better to pick the best work comp lawyers in North Carolina as their experience and skills will come in handy. They will know exactly how the local judges tend to interpret the laws. They will also be aware of how the private and public insurance companies operate with regard to these claims. They can help people maximize their payouts. All questions and concerns will be given satisfactory answers to ease worries.


Most people are wary about the legal fees when hiring a lawyer. This should not be the case as numerous arrangements can be made for mutual benefit. For example, many are willing to work on a contingency fee basis. This means that they do not need to receive any payment until the claim becomes successful. They can then receive a certain percentage of the recovered amount as their fee. If the claim is unsuccessful, then the client will not owe them anything. Others may operate on an hourly rate or a flat fee. Consider all of your options and negotiate according to your means. Most firms will be flexible with their billing.


Without passion, any job will not have optimal results. You want someone who will be there for you when you need answers or advice. Pick a lawyer who understands exactly what you are dealing with and is eager to help you get that claim. Do not hire someone just because he’s the only one you know or the first person that came along. There are plenty of bright and passionate lawyers in the state who can do a much better job if given the chance. Talk to all of your candidates and trust your gut.



  1. https://en.m.wikipedia.org/wiki/Workers%27_compensation
  2. https://en.wikipedia.org/wiki/Personal_injury_lawyer

Preventing Auto Accidents

Preventing car accidents is an impossible feat. However, by understanding the most common causes of these collisions, you can do your part to drive safe and avoid these types of situations wherever possible which might help reduce the number of auto accidents that occur each year. Below we discuss the various causes of motor vehicle collisions and what you can do to hold the liable party accountable for their actions.

Understanding Liability in Car Crashes

More often than not, the driver of the other vehicle involved in the auto wreck has played a part in the cause of the collision. This could be due to distracted driving, driving while fatigued, operating the vehicle under the influence of drugs or alcohol, or driving in an aggressive manner.

Though there isn’t much you can do to prevent an accident caused by another driver, you can make sure that you don’t participate in any of these unsafe driving practices which would put anyone sharing the roadways at risk for injury.

Other parties who could have contributed to the cause of a car crash include the vehicle parts manufacturers, technicians and the Department of Transportation. Automakers and technicians have a responsibility to ensure that the parts they install on vehicles aren’t faulty or malfunctioning.

Likewise, the DOT has a responsibility to ensure that the roads themselves are safe to travel on. When either of these entities fail to uphold their duties and an accident occurs, they can be named as defendants in your claim.

Hold the At-Fault Party Accountable

You may feel as though there isn’t much you can do to prevent auto accidents, especiallyif you aren’t responsible for causing the accident you’ve been injured in. You can file a personal injury claim against the liable party though. If successful you would be able to make an example of them in court which could prevent accidents from happening in the future.

Also, you’ll be able to recover the compensation you’re entitled to for your losses such as your medical expenses, lost wages, pain and suffering, property damages, loss of enjoyment of life, inconvenience, loss of companionship and love and a number of other damages depending on the extent of your injuries. Your attorney will be able to review the details of your case to determine which losses can be considered in your claim.

Consult with an Experienced Car Accident Lawyer

If you’ve been injured in a car accident and aren’t sure what your next steps should be, get in touch with a well-trained personal injury lawyer who can help you file a civil lawsuit against whomever is found to be culpable for your damages.

Your attorney will investigate the cause of your collision and calculate the value of your claim to ensure that you achieve maximum compensation for all you’ve been through.

Drunk Driving Defenses Commonly Used in Court

It’s frustrating and embarrassing, but you may have been pulled over for drunk driving, and now you must fight back. The consequences are severe, so you’ll want to avoid getting a DUI where possible. However, that’s tough without a lawyer and a good defense.

Your defense will depend on the circumstances of your case, and your attorney can help you get your case dismissed after you’ve been accused of driving under the influence. However, what defenses could you use? The following are a few of the most common defenses used in court, and one of them might be what you need to get your case dismissed.

Fighting the Breathalyzer

In some cases, you and your lawyer may try to defend you by questioning the tests used for the citation. Field sobriety tests aren’t always accurate, after all, and while they are sensitive machines, they may detect the wrong substance, or none at all.

For example, some people have received false positives based on dietary changes. In one case, the breathalyzer detected alcohol that wasn’t there because of a change in his diet. This is also an issue for diabetic people: they may experience some symptoms of intoxication and may even smell of alcohol without ever drinking a drop.

The sobriety test may also have been calibrated wrong. This could cause a false positive, which leaves you to deal with the aftermath of something you didn’t do. The field sobriety test will be one of the biggest pieces of evidence against you, and as such, many lawyers try to fight back by questioning the breathalyzer’s accuracy and whether it might have picked up something else.

Affirmative Defenses

In some cases, this argument might not work. You may have gotten caught with alcohol in your system, and you’ll need to fight back based on that. Your lawyer may need to fight back with an affirmative defense. This means that, while you may have done so, there are other factors that contribute to your innocence.

For example, you might have had no other choice but to drive. Let’s say you had been drinking, but your partner or spouse threatened you with violence. You had no other way to get out of the situation, so you had to drive. In these cases, your charges might be dropped.

In other cases, you might have been unaware that you had been drinking. If someone spiked the punch bowl at the party you were leaving and didn’t say anything, you might not have realized how much you drank until it was too late. In these cases, your lawyer can help you argue that, while you were driving under the influence, the reasons might excuse you.

Avoiding a DUI

When you’re trying to avoid a drunk driving charge, remember that DUI defense lawyers get the best results. When you’re facing a DUI charge, you’ll need the best.

It’s tough, but there are ways to fight a DUI charge. If you’re not sure where to start, however, you’ll need to reach out to a lawyer for help. They’ll be able to fight back and get you the help you need with your claim.

Product Liability Law Explained

In the US, defective products are among the leading causes of injuries. The statistics are very alarming. Surprisingly, a majority of the offenders go unpunished since a good number of the consumers do not understand the law.

The product liability law is designed to make it easy for the consumers to be compensated for using a defective product. By definition, Product Liability refers to the legal responsibility placed on the manufacturer or distributor of a defective product.

The law focuses on consumer protection. It’s there to ensure that what the consumers use is not harmful and meets all the safety standards. If not, the seller together with the manufacturer is held liable for the harm caused.

To properly understand the basics, here is the product liability law explained in details:

The Theories of Product Liability

Product liability is based on three theories, and the complainant is expected to use any of them when pushing for compensation.

  • Negligence: This theory focuses on the failures of the manufacturer or the seller to be reasonably careful. It’s either they failed to do something to guarantee the safety of the product or they did something that contributed to the product’s defectiveness. Other than the manufacturer and the immediate seller, other parties within the chain of distribution can be considered negligent.
  • Breach of Warranty: Between the seller and the consumer, there exists an agreement which can either be documented or verbal (express warranty) or unspoken and undocumented (implied warranty) that guarantees the product’s safety. If the product is proven harmful, then the seller is said to have breached the warranty, and should be held liable for the injuries sustained by the consumer.
  • Strict Liability:  In strict liability, the business that manufacturers the defective product is held responsible for the harm regardless of the care they took to guarantee its safety. It doesn’t matter if it’s not the manufacturer’s fault. Provided that the consumer can prove that the use of the product is the reason behind the injury, the theory comes into full effect and the manufacturer will be forced to bear the liabilities.

The Parties Liable

Other than the manufacturer and the immediate seller of the product, the consumer can hold any of the parties involved in the chain of distribution responsible for the harm caused by the product. They include:

  • The party responsible for assembling the product
  • The party responsible for installing the product
  • The wholesaler of the product

Types of Defects

In all the three theories of the product liability law explained above, the consumer has to prove that the injury is due to a defect found in the product. There are generally three categories of product defects:

  • Design Liability: This defect exists before the product is manufactured or assembled. It can be something in the formula that is unsafe to the consumer.
  • Manufacturing Defect:  This is a problem that occurs during the manufacturing. It may be the use of low-quality materials or uncertified ingredients.
  • Marketing Liability: This problem affects the marketing chains, and may be improper labeling, lack of safety warnings, or inadequate instructions on the packaging.

So, it’s imperative that you are specific about the product defect that directly caused your injuries. This will make it easier for you to recover the damages.

Final Thoughts

The product liability law explained here is helpful to all consumers. Whether you are the victim or you know someone who suffers an injury due to a product they used, you have the ground to hold the offender responsible. If you’ve proof of the product’s defectiveness, you should go ahead and consult a top injury law firm to help you file the claim.





How Does Civil Law Differ from Criminal Law?

When you’re injured that was caused by the negligent actions of another, you will have the opportunity to bring them to justice when you bring a claim against them in civil court. Many claimants are under the impression that civil court is the same as criminal court, though nothing could be further from the truth.

There are many different ways civil law differs from criminal law. Before you move forward with your claim, it’s important that you have an understanding of these differences. Read on so that you are able to prepare for what’s to come.

All About Criminal Proceedings

Civil law is very different from criminal law. In criminal court, the state (represented by the prosecution’s office) brings charges against the defendant. These charges will carry a sentence that might include probation, fines, community service, imprisonment and/or a combination of these penalties.

It will be up to the prosecutor to prove beyond a reasonable doubt that the defendant is guilty of the charges against them. This doesn’t always mean that there is no doubt whatsoever of the defendant’s innocence, but that there is no reasonable doubt that anyone other than the defendant is responsible for the crime in question.

The defendant will be represented by a defense attorney during their trial and a Judge and jury will hear evidence presented on both sides before coming to a decision. If found guilty, the defendant will be sentenced to one of the aforementioned penalties and their conviction will remain on their record for good.

What to Expect in Civil Court

When you are bringing a claim against the person or persons responsible for causing your injuries you will do so in civil court. Here, you will be represented by an attorney who will advocate for your rights.

Though the goal in a criminal trial is to convict the defendant of the crimes they’re charged with, in a civil trial, the goal is for the Judge or jury to find the defendant liable for the injuries you suffered. It will be up to your attorney to prove based on a preponderance of the evidence of the defendant’s culpability. This is different from a criminal trial where the prosecutor needs to prove guilt beyond a reasonable doubt.

Your attorney just needs to demonstrate that the evidence shows that the defendant is responsible for the damages you sustained. In civil court, once the defendant is found liable for your damages, they will be required to compensate you for the losses named in your claim. These might include economic damages such as your lost wages, damage to your earning potential, property damages and/or medical expenses.

Your attorney will also include your non-economic damages when calculating the value of your claim. A few examples of non-economic damages could include pain and suffering, loss of household services, inconvenience, the effects of disfigurement, loss of companionship and love, mental anguish and the loss of enjoyment of life to name a few.

A defendant who is found liable will be compelled to repay you the Judgement entered by the Judge or jury, but will not require the defendant to complete community service, probation, or a jail or prison sentence.

Get Help from a Skilled Personal Injury Lawyer

If you are considering filing a civil claim against the at-fault party whose negligence caused the accident you were involved in, working with an experienced attorney can only benefit your case. Attorneys for personal injury and accident claims can investigate the cause of your accident to establish liability, and quantify your damages, so no loss goes unaccounted for.

Many firms offer their prospective clients a free consultation which will allow you to ascertain whether or not it is in your best interest to move forward with your case. You should take advantage of this opportunity wherever possible before you make the decision to file a personal injury claim.



Over the years, technology has eaten deep into our system of living, changing old regimes and instituting a new order. Too, with the advent of smartphones and smart cities , the barriers to access to technology have been broken .The legal system and practice of law is not left out in these wave of change that have brought about technological reforms to the judicial system. Many law practitioners are usually uneasy and unenthusiastic with the new technological trends, because of the forecasts that artificial intelligence will take over their jobs in the future.


Prior to the advent of technology and it’s application to the legal field, the PRATICE of law was nothing short of being laborious, tasking and exclusively manual. Even with the invention of typewriters and telephones that eased the bulk of work, the status quo didn’t change very much. The required technology that would change the face of law practice was yet to be seen.

The legal field have been somewhat reluctant in keying into the use of technology to carry out it’s duties, causing the absorption of technology into practice of law, a long walk. The technological revolution that would change the face of law entirely started with the advent of internet, computers and mobile phones. Their arrival abolished the multiple visits to the libraries, travels to gather evidence and long process that preceded dispensation of justice. Everything was only a click away with a smartphone.


In the last 10 years , there has been a rapid technological revolution as never seen before. Every day is met with more sophistication and better ways to solve human problems. The explosion of technologies has made the practice of law less tedious in gathering of evidences through devices, forensic reports, and research amongst others. This period have also seen a greater regime of information sharing and dissemination amongst law firms and attorneys .Lawyers are now  able to focus on practicing law and providing expert legal advice for their clients, instead of being restricted by time consuming administrative tasks

Today, there is widespread automation of tasks that are time consuming, costly and presently performed by humans. Also, the priferation of online non-legal service providers have changed the face of law practice and is gradually erasing some of the administrative jobs of a law practitioner. The future even promises more.


The threat of artificial intelligence to the traditional lawyers has caused technological advancement to become a nightmare. The fear of loss of jobs and relevance due to the exploits of these innovations has caused many legal practitioners become weary of technology. There are also doubts, that artificial intelligence can sufficiently replace lawyers in the courtroom and in dispensation of justice. Learn more.


Technologies have no doubt changed the method of law practice especially in the last decade and many more changes are expected in the future. Amidst the gains it has brought, there are also fears that there will be a total takeover of the system by artificial intelligence. However, the  key to  future success as law practitioners involves being able to identify the specific layering areas  where AI can replace and those in which they cannot  replace lawyers. Also embracing the use of AI tools as well as delivering legal service values that machines cannot provide will be the edge for a successful lawyer.