Three people in scrubs and masks in an operating room performing surgeryWhen you discuss medical malpractice, most people assume that you’re talking about suing a doctor. But what if you’re injured while in the hospital as a result of malpractice, but it’s not the doctor’s fault? Who is responsible?  In many cases, the only remaining option is the hospital.

Physician vs. Hospital Negligence

Hospitals are corporate entities, and like any other corporation, they look for ways to limit their liability exposure. One way that they do this is by making it clear that most of the doctors at the hospital are not employees of the hospital – they have privileges to practice there but are not providing care on behalf of the hospital.  As a result, the hospital cannot be held liable for the negligence of the doctor. Similarly, your doctor cannot be held responsible for the hospital’s negligence, either.

Gavel, law book, and paper with the text "personal injury"One of the things we try to do here at Slappey & Sadd is remember what it’s like to be in the client’s shoes. It’s a good way to remember that things that may seem routine or unremarkable are actually unknown territory and fairly intimidating for the people we represent. As a result, we thought we’d use today’s post to walk you through the process in the event that you’ve been seriously injured.  

Seek Medical Treatment

If you’ve been injured, the first and most important step is to seek medical treatment. In some cases, you have no choice – you need to go to the emergency room. In other cases, you felt fine right after the accident, but two days later you were in a considerable amount of pain. Or maybe you did receive immediate medical attention, but now you’re presenting with different symptoms.  Whatever the case, you should listen to your body – if something isn’t right, go get checked out as soon as possible.

Various smart-phone app social media icons, including Instagram, Facebook, and TwitterSocial media is here to stay – most everyone uses either Facebook, Instagram, Twitter, or one of the other platforms, and many people use multiple forms on a daily basis. We use social media to stay in touch with friends and family, celebrate important milestones, and even share the seemingly insignificant but entertaining aspects of our day. We even use it to share our struggles and misfortunes when we need a sympathetic ear.  

In fact, social media has become so ingrained in our daily lives that we share our daily stories without much thought. “Oversharing” can be annoying or embarrassing, but in the context of a personal injury case, it can do irreparable damage to your chances of success. In this post, we’re going to share some suggestions to help keep your social media accounts out of your personal injury case.  

First and Foremost: Check Your Privacy Settings

slip-up-709045_1920-300x200While most slip and fall accidents bruise nothing but our pride, some falls can result in serious injury. Property owners owe a duty to their guests and other visitors to ensure that their property is safe and free from hazards. In the event that the property owner negligently maintains his property causing someone to be injured, the property owner may be held liable for the victim’s medical expenses, pain and suffering, and other losses.  

But what if you can’t tell who owns the property? This issue can be somewhat complicated when a slip and fall injury occurs at a condominium or homeowners association.  

Condominiums

Motorcyclst checking right gloveWe’ve previously written about motorcycle accidents, but we thought it might be worthwhile to share a few more thoughts.  

Motorcyclists Have an Image Problem

If you’re injured in an accident and have to go to trial, it’s important to keep in mind that the jury will determine whether or not you are entitled to compensation and how much you are entitled to receive. While the questions concerning negligence and liability seem like they would require objectivity, juries are composed of everyday people who may not be as objective as we would like. Try as they might, their subjective opinions can color their view of the case.  

If you’ve ever had to care for an older parent or relative in your home, you know how stressful it can be. They are unsteady on their feet, and the constant fear that they will fall and injure themselves has you sitting up in bed at the slightest sound. Eventually, you realize that your home isn’t equipped to meet their needs, and so you move them into a home that is better suited for their mobility issues. We all assume that nursing homes and assisted living facilities provide a safe environment for our elders. Who is at fault when they fall and get injured?  

Negligence in the Nursing Home Context

We’ve written previously about how to define negligence, but to review, someone is negligent when they fail to act with the same level of care that someone of ordinary prudence would have exercised under the same circumstances. It’s important to note the phrase “under the same circumstances” in order to understand that what may be negligence in one situation is not negligence in another. To apply it to the context of this post, what may constitute negligence in a nursing home may not be considered negligence in an apartment context. Here are some examples of potential negligence in nursing homes and other assisted living facilities:

One of the purposes of this blog is to educate potential clients as to the ins-and-outs of personal injury claims and why good legal representation is so important.  As a result, we tend to focus on the general principles of personal injury law. Sometimes, though, a story can teach the same concepts in a much more powerful way. In this post, we’d like to share a story with you that demonstrates some of the general principles we’ve covered in prior posts.  

It Was A Typical Tuesday Morning

Carol works as an office manager for a small financial planning firm. She lives in a rural area, about 30 or 40 minutes from the office. She works Monday through Friday, and keeps regular business hours, but does like to get in early.  

If you’ve been involved in a car accident, your first priority is your health. Before anything else, you need to get examined by a doctor and seek the necessary treatment. Unfortunately, everything that comes after that – namely, paying your medical bills – can get fairly complicated. In this post, we hope to shed some light on how insurance plays a role in compensating you for your injuries.

For purposes of this post, we’ll assume that your injuries are serious and will require long-term treatment, loss of income, and a significant amount of pain and suffering. Let’s also assume that you wind up having to pursue legal action in order to get fair compensation for your injuries.     

Health Insurance

A simple Google search turns up three reports of construction site accidents for the month of August: one involving a GDOT employee in Atlanta, another at a Georgia Water and Power site, and a third where three workers were injured at another power plant in Madison County. We all know construction sites are dangerous, but we don’t often consider how dangerous they are – both for the workers, and the public at large.  

Premises Liability and the General Public

There are numerous hazards on any given construction site – broken and uneven pavement, open pits, holes, and unstable structures, all of which could cause serious bodily injury. Construction companies, therefore, owe a duty to the public to ensure that the work site does not pose a hazard to passersby and the general public. As a result, construction companies are obligated to post signs warning of potential hazards, such as “keep out,” “authorized personnel only,” and “do not enter.” In addition, they must keep the site secure by means of fencing, barriers, locked gates, and other means from preventing entry. Construction sites are especially attractive to children, and so particular attention must be paid to keeping them out.

In our last post, we discussed some of the elements that you would use to calculate the value of your personal injury claim. To review, your claim should include the following: (1) medical expenses; (2) future medical expenses; and (3) property damages. In this post, we’ll review the remaining components of your personal injury claim.    

Lost Income

Many people often overlook their lost income when trying to figure out what their claim is worth. To put it simply, lost income can be calculated as any time that you had to take off from work in order to seek medical treatment for or recover from your injuries. This could include the initial visit to the ER, follow-up visits with your doctor, and time you took off for physical therapy. In addition, you can also claim time that you had to take off for recovery. For example, if your doctor ordered you to stay in bed for a week following the accident, you could claim these days as lost income.   

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