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The Cost of Medical Mistakes

Posted by on Jan 3, 2015 in Dangerous Medical Products, Health and Beauty | 0 comments

Sometimes, it is the things meant to help that end up hurting. Isn’t there an adage old saying that says, “The road to hell is paved with good intention”? Well, there is certainly a lot of hell to pay when something goes wrong, especially in the field of medicine. There have been many mistakes made in the medical practice that has caused extreme discomfort or even, in the worst cases of them all, death.

Take the hip replacements from DePuy, for example; according to the website of Williams Kherker, there were hip implants in 2003 that were recalled after an onslaught of complaints after the surgery took place. In this case, the implant itself was the one that was apparently defective and those who were victims of its impairments were given ample compensation for their troubles. These have quite evident complications that are immediately treatable, since the symptoms are pretty obvious. The same cannot always be said for faulty medical solutions.

Some medicine, especially the ones that are taken orally or intravenously, can have harmful side effects that are not always so easily spotted. Such is the case of Benicar, a drug that supposed to lower a person’s blood pressure, therefore mitigating the risk of cardiac arrest or other heart related health conditions. However, the product has been linked to have harmful side effects that might do more damage than the good it is intended for, such as weight loss or chronic diarrhea. A lawyer would argue that it was not your consumption of this product that caused the pain; it was, rather, the faulty production of the drug, therefore making you legible for the right to be treated fairly, with regard to the wrong done to you.

If you think yourself to be suffering from any pain or inconvenience as a result of flawed pharmaceutical products, there is a wide array of options available for you to receive compensation and proper treatment for whatever the harm done to you. With the right case presented with the proper evidence, you could regain everything you have lost and you are most certainly owed better recompense.

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Factors Considered in Deciding Child Custody Cases

Posted by on Jan 3, 2015 in Child Custody | 0 comments

The factors considered by states in determining divorce-related issues, especially child custody and visitation rights, often differ from each other. With regard to the issues mentioned, however, there is one unifying basis of decision in all states: the best interest of the child.

As some Cedar Rapids divorce lawyers may tell you, the factors that may actually be conceived as ensuring and promoting “the best interests of the child” can be subjected to debate, though. This is obviously the reason why one factor is considered in one state, while in another, it is not. Nevertheless, the following are what states believe as important bases in making a decision:

  • The amount of involvement each parent has given and can give the child in his/her activities
  • The level of relationship between the child and his/her parents
  • The parents’ individual lifestyle, health and financial stability
  • Factors that can affect a child’s academic performance, such as parental care, availability of parent
  • Whenever the child would need his/her time and attention
  • The age and gender of the child
  • The possible physical, emotional and health risks in the environment where each parent lives

For many centuries up until the latter part of the 20th century, two practices became prevalent where child custody was the issue: the Tender Years doctrine and the Maternal Preference doctrine. In both practices custody of the child was always awarded by judges to mothers as judges believed that mothers were naturally more capable of providing all the love and attention that children need (it was only through proving that the mother was unfit for the father to be given custodial rights). These doctrines have been abolished, though, and began to be replaced by the “the best interest of the child” doctrine during the last quarter of the 20th century due to the belief that the old practices violated the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Despite the doctrine being abolished and their perceived violation of the equal protection clause, many judges still end up favoring mothers and, so, award to them custody, especially of young children.

Many courts, as much as possible, decide to award custody to both parents in consideration of the new doctrine and the belief that it is very important that a child develops a strong bond with both of his/her parents. However, there is no certainty that joint custody will be the decision a court will make, unless it sees both parents as fit, will contribute well in the child’s development and that the decision will be in the child’s best interests. Seeking the help of a lawyer whose knowledge and experience in child custody law and proceedings, respectively, is exceptional, will definitely help the parent attain the sole of joint custody that he/she wants.

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Take the Time to Treat Yourself Better

Posted by on Jan 1, 2015 in Health and Beauty | 0 comments

There has been rampant discussion nowadays all over social media about body image, what with men and women alike getting pitted against each other based on their body type. There has been a strike back against the idea that you must be slender and slim to be beautiful, yes, and though this is not at all true, there is such a thing as a difference between being curvy and being obese. The line isn’t fine; it is relatively defined. And there is nothing healthy about obesity.

The main call of social justice aficionados on social media is that everyone should love their own body. Loving your body does not mean that you can just stuff yourself with whatever makes you happy. There are a lot of unhealthy meals and diets, by which many Americans adhere to, which are the root causes of many health impairments such as heart failure, diabetes, kidney problems, obesity, et cetera. Loving your body entails to taking caring for your well-being and your health.

It is no easy task to take care of yourself when the other option looks so tantalizingly tempting and easy. According to the website of the medical team at Bergman Folkers Plastic Surgery, the process of taking care of yourself takes a lifetime and it involves a wide variety of activities to keep yourself both healthy and happy. Imagine the road to wellness as a race that everyone must go through and there are different obstacles for everyone along the way. Weight loss is no different to that and the goal is always the same.

It takes time and a lot of effort to practice a healthy lifestyle. Good things are hardly ever without hard commitment. But, unlike the instant gratification that some of the unhealthier options provide, a little bit of change can make all the difference to better the years to come. In the end of it all, it isn’t about looking good or whatever the now-society dictates as mandate for an attractive body image – it’s about feeling good on a deeper level. Instead of just treating yourself, try treating yourself better. Your body will return the favor soon enough.

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Stand Up to Rollover Accidents

Posted by on Dec 30, 2014 in Accidents | 0 comments

Human error has been blamed for many bad things whilst artificial intelligence has been praised in this technological age where most people assume for these things to be almost infallible, to the point that these machines are trusted with actual, proper lives. Even though human reliability doesn’t have the best reputation, as can be inferred by the mere existence of the car insurance industry, it isn’t entirely unheard of for these innovations to bear the blame for accidents.

And when times such as those do arise, it can be a daunting task to hold big names and companies accountable for their defective machinery that has caused injury in the accident. You don’t have to just roll over, though; as a consumer of their product, it is well within your rights to demand compensation when their product causes you harm according to Habush Habush & Rottier S.C.®.

A rollover accident is a prime example of situations where the manufacturers are usually the ones to blame. Sports Utility Vehicles or Suburban Utility Vehicles, more commonly known as SUVs, are more often associated with accidents of this nature, according to the website of Habush Habush & Rottiers S.C. ®, the fact that these vehicles have a “higher center of gravity,” makes them more susceptible to rollover accidents due to malfunctioning hardware. SUV rollover accidents occur with a frequency that is shocking.

These accidents are never pretty – often, you would be called lucky for getting out with a few broken bones and a bruise here and there. There are reports of victims from rollover accidents who have had to become amputees or have suffered incontrovertible spinal damage or, at the very worst of them all, death. And for faults that rest not within the innocent users, there is no glitch in the system; you deserve recompense for what you have been made to suffer.

If you have been hurt or have been in any way inconvenienced via a rollover accident as a result of mechanical failure, there are options available to you where you can hold accountable those who are actually at fault. When you know yourself to be in the right, even when everything else tells you to step down, you always stand up.

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Who is at Fault in a Car Accident

Posted by on Dec 28, 2014 in Accidents | 0 comments

Accidents choose no one person in particular. It has nothing to do with pride or prejudice; it can literally happen to any one person at any given time. There is no precedence for it; that’s why it’s called an accident. This is not to say that these things happen without fault as, to be perfectly frank, there is usually someone to blame.

There is a phrase that has been repeatedly uttered during particularly bad days, “Anything that can go wrong will go wrong.” It is more commonly referred to as Murphy’s Law but, sometimes, that isn’t the only law that comes into play when accidents happen.

One of the most common accidents that occur in the United States of America are vehicle-related accidents. This can range to little things like a scratched paint job or a few bumps and bruises; or it could very well be the more serious things like fatal injuries. Accidents of this nature are of an immeasurably large variety and are, therefore, a complicated matter in the aftermath. There are some states, like Michigan, that practice the ‘no-fault law’, with regard to accidents of this nature. According to the website of Ravid & Associates, P.C., this law states that anyone can file a claim with their insurance provider, regardless with whomever the fault rests.

Car accidents are, by nature, quite costly as a natural consequence – as are most accidents that cause injury – and yet, the process by which compensation for damages caused is a daunting task. There is the claim to file, the case to plead; and, in some cases, there is the trauma from which either side must now recover. In 2013, there were 947 fatalities recorded in Michigan alone, the National Highway Traffic Safety Administration said. A Detroit personal injury lawyer can tell you that the no-fault law has helped immeasurably with people who have had to deal with the aftermath of any vehicular accident.

Accidents choose no one person in particular but the choice of how to deal with the consequences dealt to you can be addressed. Found yourself in a tight spot after a car accident? Explore your legal options. There are ways you can get compensation for an accident you didn’t ask for – if you talk to the right kind of people. Just because anything can go wrong doesn’t mean that everything has to.

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