Children


Medical Malpractice: Wrong Diagnosis


Posted By on Sep 4, 2014

Reports of medical malpractice lawsuits have been the content many newspapers, and radio and TV news programs over the past years. Though alarming it may be, medical malpractice is a reality and, based on the numbers given by the Journal of the American Medical Association, it claims about 225,000 lives in the US every year, making it one of leading cause of death in the nation.

Medical malpractice can be committed through many different ways; usually, however, these have just one common root – wrong diagnosis, which may mean delayed, missed or over diagnosis. Because of wrong diagnosis patients can be made to undergo unnecessary laboratory tests, prescribed with the wrong medication, be subjected to a surgical procedure or given other kinds of treatment that are not needed. Worse, with the real illness not properly diagnosed it can worsen, while the unnecessary medical treatment resorted to may cause the development of another serious health condition in the patient.

One major cause of misdiagnosis, according to a study conducted by the U.S. News and World Report, is physician bias. This is the most common result of the 15-minute doctor and patient interaction, a doctor’s way of meeting as many patients as possible (within his/her consultation schedule). During this very limited 15-minute office visit, the doctor tends to automatically apply the “18-second rule,” wherein he/she would readily identify the patient’s illness based on symptoms (failing to consider the fact that many types of illnesses have the same symptoms).

Unless doctors fully understand the incalculable importance of their responsibility over their patients, wrong diagnosis would more likely just go on and on. A New Hampshire medical malpractice lawyer, however, can help patients, who have fallen victims to medical incompetence, take legal action against erring medical practitioners and hopefully receive compensation from them for whatever damages may arise from an erroneous practice.

A Louisville personal injury lawyer would, likewise, be another best legal counsel to consult if a patient knows and feels that he/she is a victim of medical malpractice. While doctors, despite the errors they commit, may clearly not have intended any harm on the patient, the fact that a totally preventable event has happened makes them totally liable for their failure to provide quality care.

Read More

Child Support


Posted By on Aug 31, 2014

The Child Support Enforcement Act of 1984 considers it a major legal responsibility of all American parents to provide support to their biological children even after divorce. It also lists down the factors that should be considered when making decisions concerning child support.

Child support is a monthly financial assistance paid by the non-custodial parent (or the obligor) to the custodial parent (or obligee). It is intended to cover the child’s basic needs, such as food, clothing, healthcare, shelter and education, and is usually paid until the child’s 18th birthday. Although some states consider factors (in determining child support issues) that are not considered in others, there are constant factors like the age and the needs of the child, the cost of these needs, the parents’ income, which includes salary, commissions, overtime pay, dividends, and so forth, the age and health of both spouses, and the parent’s capability to pay child support.

Sometimes, besides the child’s basic needs, the court may also require the obligor to contribute to his/her child’s distant financial activities and needs, like college education, dental and/or medical needs, vacation and others.

There are instances when the custodial parent would see the need to ask for an increase in child support payment due to the obligor’s improved financial situation; in like manner, the obligor, due to reduced financial capability, maybe because of loss of job or poor health condition that requires regular medical treatment and medication, may see the need to ask for a reduction in the amount of child support. Any changes, however, will have to be decided by the court as the issue is a legal matter. Any attempt of the obligor to negotiate directly with the obligee (or vice versa), can result to contempt of court.

It is no doubt that child support can be a very difficult issue for divorcing parents to resolve. But before the court takes the matter into its own hands, divorcing parents should know that they have all the right to settle the matter amicably, peacefully and privately.

The most commendable way to resolve the issue is through the help of The Woodlands child support lawyer. He or She would be able to assist divorcing spouses to come to an agreement that will work well for both of them, saving them at the same time from the time-consuming court appearances and costly court fees.

Read More