Medical Negligence:
Medical malpractice means negligence by a health care provider (such as a hospital, doctor, psychologist, nurses or other medical professionals) that cause injury or death to a patient. A health care provider is negligent if it fails to use the same level of skill, knowledge and care in diagnosis or treatment that other reasonable health care providers would use in similar circumstances. Common cases of medical malpractice include improper diagnosis, failure to diagnose, prescription or administration of the wrong drugs or treatment, and surgical errors. Medical malpractice must be brought within one year from the date is or should have been discovered (usually from the date suspicion first arises), but no later than three years from the date of injury. If a potential defendant is a public entity, such as the state, county or a city, a claim for damages must be filed within six months from the date of the injury.
If you or someone you know has been a victim of medical negligence, call 1-800-KSA-ATTY (572-2889) now.
top
On-the-Job Injuries
When you are injured at work arising out of and in the course of your employment necessitating medical attention, your employer is required by law to give you a claim form within one working day of receiving notice or upon learning that you had an injury. With this claim form and an Application for Adjudication of Claim you must file with the Workers' Compensation Appeals Board per the statute of limitations within one year from the date of injury, although it is wise to file these forms as early as 30 days of your date of injury.
If you or someone you know has been a victim of an injury on the job, call 1-800-KSA-ATTY (572-2889) now.
top
Automobile Accidents
Any person injured in a motor vehicle accident may claim damages against the driver or any other person or entity who is at fault. The claim is usually settled out of court by the insurance carrier of the party at fault. However, to obtain the best possible recovery, the injured party must demonstrate to the insurance companies that he or she is ready to take the case to court if not offered a fair compensation. Hiring an attorney experienced in vehicular accident cases is the first step toward this direction. An experienced attorney could usually significantly increase an injured party’s recovery through a thorough work up of the case and by identifying defendants, other than the motor vehicle driver, who could be sued and who could contribute to the payment of the injured parties damages. A complaint for damages arising from motor vehicle accidents usually must be filed within two years of the accident. However, if a potential defendant is a public entity, such as state, county, or a city, a claim for damages must be filed within six months from the date of injury.
If you or someone you know has been a victim in a motor vehicle accident, call 1-800-KSA-ATTY (572-2889) now.
top
Elder and Dependent Adult Abuse
Elder and dependent adult abuse means the mistreatment of an elderly (a person 65 years of age or older) or a dependent adult (a person between 18 and 64 years of age with physical or mental disabilities that restrict his or her ability to carry out normal activities or to protect his or her rights, and includes an inpatient in an acute care facility). Abuse has four categories. Physical abuse which means the intentional infliction of bodily injuries; emotional abuse which includes verbal assault, threats, intimidation, isolation or other acts that cause psychological or emotional trauma; financial abuse which means misappropriation or the taking of any assets through any fraudulent act or conduct; and neglect, which means the deprivation of, or the failure to exercise reasonable care in the provision of, custodial care services, including, failure to assist in personal hygiene, failure to provide basic necessities, food, water, clothing and shelter, failure to provide necessary medical care, failure to prevent malnutrition or dehydration and failure to protect from health and safety hazards.
While some of the abusers are the family members of the elderly or the dependent adult, abuse may also be committed by professional conservators, care givers or nursing homes to whom the care of an elderly of a dependent adult has been entrusted. See Nursing Home Neglect. Loss for pain and suffering of even a deceased elderly or dependent adult, punitive damages and attorneys fees may be recovered if it is proved that the abuse was reckless, malicious, fraudulent or oppressive.
If you or someone you know has been a victim of elder or dependent adult abuse, call Call 1-800-KSA-ATTY (572-2889) now.
top
Wrongful Death
Wrongful death means the death of a person resulting from the negligence or intentional misconduct of another. An action for damages for wrongful death may be brought by the decedent’s surviving spouse or domestic partner, children, parents, and siblings based on an order of preference prescribed by law. The survivors are entitled to recover the value of future monetary contributions from the decedent had the decedent lived (example: future earnings less whatever amount the decedent would have consumed for himself) and the value of personal service, advice and training the decedent would have given had the decedent lived. The survivors may also recover for loss of love, society, comfort, and companionship.
Wrongful death cases arising from medical malpractice must be filed within one year from the date malpractice is, or should have been, discovered, but no later than three years from the date of death of the decedent. However, if a potential defendant is a public entity, such as the state, county or city, a claim for damages must be filed within six months from the date of death of the decedent.
If you or someone you know has been a victim, call 1-800-KSA-ATTY (572-2889) now.
top
Power Press Injuries
Persons injured while operating power presses for their employers may bring a lawsuit against their employer in addition to filing a workers’ compensation claim against their employer when a safety guard has been removed or was never installed when required by the manufacturer of the power press. Attorney Schiavone has litigated these claims to juries and the appellate court with success.
top
Dog Bites
Any person who has been bitten or attacked by a dog may file an action for damages for injuries sustained in that attack. The owner of the dog may be sued in strict liability, which means that it would not be necessary to prove that the dog was vicious or that the owner had knowledge of the dog’s vicious propensity. The only element that must be proved is that the attack occurred in a public place, or while lawfully in a private place, including the dog owner’s home. Persons who had possession or control of the dog at the time of the attack may also be held liable if it is proved that such persons had prior knowledge of the dog’s vicious propensities. Actions for injuries from dog bites must be filed within two years from the date of incident.
If you or someone you know has been a victim of a dog bite, call 1-800-KSA-ATTY (572-2889) now.
top
Nursing Home Neglect
Nursing Home Neglect is a form of abuse committed by nursing homes or their agents or employees against elders placed in their care. It includes, but is not limited to, failure to assist in personal hygiene or in the provision of food, clothing, shelter, failure to provide medical care for physical and mental health needs, failure to protect from health or safety hazards or failure to prevent malnutrition or dehydration. Tell-tale signs of nursing home neglect include poor personal hygiene, development of pressure sores, unexplained injuries and unexpected death. If the neglect is proven to be reckless, malicious, fraudulent or oppressive, damages recoverable may include loss for the pain and suffering even of a deceased victim, punitive damages and attorney fees.
If you or someone you know has been a victim of nursing home neglect, call 1-800-KSA-ATTY (572-2889) now.
top
Personal Injury
Any person who has been injured as a result of the negligence or intentional misconduct of another may file a civil action for damages, except where the injury occurs at work, in which case the injured party’s exclusive remedy is worker’s compensation. See On-the-Job Injuries. Damages recoverable include the value of past and future medical expenses, loss of wages, loss of future earning capacity, and loss for pain, suffering and emotional distress. Actions for personal injury usually must be filed within two years from the date of the injury, except where the injury arises from medical malpractice, in which case the applicable statute of limitations is one to three years. See Medical Negligence. However, if a potential defendant is a public entity, such as state, county, or a city, a claim for damages must be filed within six months from the date of the injury.
If you or someone you know sustained personal injuries due to the negligence or other wrongful act of another, call 1-800-KSA-ATTY (572-2889) now.
top
