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Requirements of A Medical Malpractice Claim

Those working in the medical field are looked upon with high regard by patients for their professionalism and high ethical standards. Patients put their trust on doctors and other medical professionals for the treatment of their diseases. But when a patient is hurt by a doctor’s mistake, they have the right to put forth a medical malpractice claim to recover damages. To prove medical malpractice, certain requirements must be met:

1. There is a doctor-patient relationship that existed

When filing a medical malpractice claim, you need to show a doctor – patient relationship with the doctor you are suing. The National Center for Biotechnology reveals that providing such existence is easy if the doctor was treating you at the time of the accident. An injury lawyer from Columbia will tell you that just the failure of the doctor to uphold standards is proof enough.

2. There was negligence on the part of the doctor

Being unhappy with the result of your treatment does not make the doctor liable for medical malpractice. You need to show proof of negligence in connection with the diagnosis or treatment. To make the doctor liable for malpractice, you have to prove that the doctor caused harm in a way that a competent doctor would not have under similar circumstances.

3. The injury was caused by the negligence of the doctor

This is difficult to prove as most malpractice cases involve patients that were already sick or injured. The burden of proof is on the patient to show that it was indeed the negligence of the doctor that caused the injury. To do this, they would need the testimony of a medical expert.

4. The injury led to specific damages

Even if it was quite obvious that the doctor performed below the standards, there has to be proof of harm. Some examples of harm can be physical pain, mental anguish, additional medical bills, and lost income.

Understanding The Process of Expunging Drug Crimes

Being charged with drug crimes can have a wide range of consequences on an individual. For those who are seeking employment, it may lower your chances of getting a secure employment or desirable housing. Drug crimes come in different varieties from possession, selling, trafficking, and others. The website of James Powderly reveal that drug related offenses can be serious and can be life changing.

The good news is that your drug charges do not have to stay forever in your criminal record. Through expungement, your drug charges shall be removed from your record. The first step is to file a petition in the court you were charged in. You can seek the help of an attorney in preparing the petition. It is important to clear criminal record in order to remove the stigma of being charged with a drug crime and to be able to live a normal life. Most drug offenses are eligible for expungement of criminal record. Expunged clears conviction and arrest records and hence will not show up on background checks for employment.

Different states have different laws when it comes to expungement of criminal records. As such, it is important that you are aware of these rules when filing for expungement. In some cases, a convicted person will only have their records expunged after they have served out their sentence. If there is a good reason, a judge may shorten any probation in order to facilitate the early process of expungement.

It is worth noting that expungement does not give a guarantee of a criminal record being cleared. There are instances when police departments and licensing boards may still be able to see the expunged record of a prospective job applicant. People who have been convicted or arrested for drug crimes may have an easy path for expungement.

When arrested for drug offenses, the offender becomes eligible for diversion programs which pave the way for the expungement of their recrods after satisfactorily finishing the program.

Uncovering Legal Issues Encountered By Senior Citizens

When people get old, they encounter needs and issues that need s to be addressed. Elderly people are faced with a variety of concerns such as payment for assisted living or nursing home care, health issues, estate planning, and government benefits. Addressing the basic needs of the elderly can be a complex issue. Unless regulated, providing for the basic needs of the elderly can be prone to abuse. This is where elder laws can help a senior citizen.

Dealing with elder law issues can be challenging for the unacquainted. Every senior citizen will have their own unique needs depending on their individual situations. When a person reaches this age, their main concern switches to their survival in the last years of their life. Addressing these issues becomes critically important in making the elderly happy and contented before they die.

Health Care

As people get old, their body deteriorates and may become prone to health issues. How they will pay for assisted living? How much Medicare or Social Security benefits will they get? Where they can find alternative help are some health issues that would need to be addressed by elder laws.

Housing and Income

Another elderly issue that should be addressed by elderly laws is estate planning. Measures should be put in place to ensure that the estate of the elderly is properly distributed in the event of death. There are various legal tools that can help achieve this goal of orderly estate planning.

Financial Issues

Elderly people are no longer able to work in a company so they lose potential sources of income. For this reason, it is important for financial issues to be addressed as well. Social security pensions can be helpful to the senior citizen but there should also be guidelines on how to release the funds to the recipient elderly.

The Importance of Court Reporting

Court litigations can be a stressful and daunting process. The trial itself requires weeks or even months of preparation. Due to the nature of these cases, it is important for court documents to be accurate for the safety and protection of all the parties involved. In order to make a fair and sound decision, the judge would have to rely on the testimonies of the witnesses as well as the statements of both the prosecution and the defense. This is where the importance of court reporting comes in.

Court reporting serves as litigation support and hence should be reliable and maintain the highest degree of professionalism. This is the practice of documenting rulings of the judge, testimonies of the witnesses, evidences presented, and others. The report can be made available to lawyers as a basis for arguments or motions.

Court reports can be used as reference for any kind of legal proceeding. It can provide lawyers with the foundation they need in building a case for their clients. Court reporting can be a tedious job and hence the person that will be assigned to document court proceedings needs to have the proper training to become successful with their job. One of the skills that court reporters need to possess is excellent typing speed, the recommended is 225 words per minute. Aside from that, they should also have the necessary license issued by their state. In some states, a court reporter may require certification from a notary public. A court report serves as a legal document that provides details of witness testimonies within the trial. Even in the midst of technological advances, court reporting still plays a valuable role in the court system. They can help provide the legal assistance that witnesses, lawyers, and other concerned parties will need.

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