What Does it Mean When Someone is Liable for Negligence? In general, people normally characterize a negligent person as someone who is irresponsible, careless, or who makes bad choices. Although this characterization is not wrong, it is only part of what is required legally to maintain a lawsuit...
Schmidt, Sethi & Akmajian Blog
Topic Healthcare Reform 101: What is it Exactly that Capitol Hill is Trying to Change About Our Healthcare System?
The world of healthcare can be confusing and the idea of reforming it even more so. So what is it exactly that the government is trying to do to change our current healthcare system? Below are the answers to a few of the most commonly asked questions about this subject. Q: What would healthcare ...
Understanding Insurance Policies: What's With All the Questions?
Insurance is confusing to lawyers and non-lawyers alike. When you apply for insurance, a homeowner's insurance policy for example, the insurance agent will ask you anywhere from what your roof is made of to whether you have a fire extinguisher to what type of breed your dog Spike is. After compil...
Failure to Warn and Federal Preemption
The United States Supreme Court has taken on the question of federal preemption in the products liablility arena in a big way. By next summer significant limitations may be created to the right of an individual to sue product manufacturers, especially drug and medical manufacturers, for failing t...
The "Eggshell Rule" In Negligence Actions
In the usual case of negligence an award for damages is given according to the foreseeability of the injury which occurred. In such instances a person is not guilty of negligence unless the harm that occurred was reasonably foreseeable given the negligent act. For example, in Abrams v. City of Ch...
Damages
Damages when someone's wrongful act causes injury to you or your loved ones, it is important to know what kind of damages you're entitled to so that you can evaluate what your case might be worth and whether it is even worth hiring a lawyer. After all, litigation can be extremely expensive, so if...
Consumer Safety - Pre-Emption
Bush Administration Policies Show Disdain for Consumer Safety In a report released today, the House Oversight and Government Reform Committee concludes that Bush Administration political appointees have worked hard to frustrate consumer rights for the sole purpose of protecting big businesses fr...
Deadly Pacemaker Wires
Nearly a quarter of a million Americans have pacemaker leads implanted in their hearts that may be defective. The leads are known as “Sprint Fidelis” leads, manufactured by Medtronic. The leads were recalled 2 years ago, but in this recall the potentially defective products have only been taken o...
Half of hospital workers don't wash their hands properly
The Center for Disease Control and Prevention (CDC) estimates that there are 1.7 million infection cases a year in hospitals. The annual cost of these infections is estimated to be $20 billion, and tens of thousands of lives. According to an article in the October 8, 2008 New York Times, “a surv...
Bar Owner's Responsibility for Drunk Drivers
What are Dram-Shop Laws? Drunk drivers who cause personal injury to others are almost without question negligent and liable for their actions. After all, when someone who has been drinking gets behind the wheel of an automobile, their reckless behavior and poor judgment immediately puts others a...
Electoral College Part II: Where does the Electoral College come from and why do we still have it?
Why do we have the Electoral College Still? Now that technology allows us to keep track of all the votes, is there a better method? When the United States was first formed, the creation of the Electoral College (see Part I to learn about how the Electoral College works) for electing the Presiden...
Electoral College Part I: What is it?
What is the Electoral College? How is it different than a popular vote?The Electoral College is the method that the United States uses to hold Presidential elections. Instead of choosing the president based on the candidate that receives the most votes by the people (the popular vote), the presid...
Thousands of Nursing Homes Flunk Medicare Rating Test
Roughly 22% (about 3,500) of the nation's 16,000 nursing homes received the lowest possible rating from Medicare's new five-star rating system. This means that hundreds of thousands of our parents and grandparents are staying in nursing homes that are simply not up to standards, and may be unsafe...
Injuries or Death on Someone Else's Property--What is an Invitee?
When you, as a member of the general public, are invited onto the property of another—whether it's restaurant, a store, or another person's home—then you are legally known as a visitor or invitee. Therefore, the property owner has a duty to make the property safe during your visit. This includes ...
Medical Malpractice
Researchers Focus Attention on Delayed Cancer Diagnosis Posted by: Dev Sethi August 10, 2009 Researchers have published a study in the Journal of Internal Medicine addressing process of care failure as a cause of delay in cancer diagnosis. The authors found that process of care failures -- pro...
Employer's Liability for Acts of Employee--Part II Scope of Employment
Employers are not always responsible for the actions of their employees, and it depends on whether the employee's misconduct occurred within the scope of his or her employment. Going along with the rational discussed in part 1, an employer should be responsible for the risks they expose the publi...
Employer's Liability for Acts of Employee
Employers are oftentimes responsible and therefore liable for the negligent or wrongful actions of their employees, which is a concept legally known as “Respondeat Superior.” Hence, if you are injured by the misconduct of someone else, the company or person that they work for may also be responsi...
Medical Negligence--Informed Consent
Informed ConsentGenerally, physicians have a legal duty—or responsibility—to inform you of all the risks involved in any given medical procedure you might undertake so that you have the opportunity to thoroughly assess the procedure and determine whether it is a procedure you want to go through o...
Loser Pays
For hundreds of years civil lawsuits have been filed in an attempt to make individuals or a family whole again. These lawsuits are filed knowing that if one were to lose their claim then they would not have to pay lawyer fees. This allows people with little or no money to enter the civil arena an...
LED Lights Safer for Bike Riders and Pedestrians
LED lights are more visible and safer for bicyclists and walkers out on the roads at night. That is the conclusion of field reseach recently conducted by bike safety experts. Tucson is an outdoors town. Especially this time of the year, look around almost anywhere and you will see folks riding t...
Consumer Safety -- Toys
Safety First for Holiday Toys Consumer advocates have come out with their annual holiday shopping tips designed to help Santas everywhere avoid dangerous toys. There is good reason for parents to be careful while picking out presents this holiday season. Even with new lead standards in place as ...