Medical Dangers abound for Young and Old Alike

Posted by on Mar 17, 2015 in Medical Dangers | 0 comments

People tend to trust doctors and pharmaceutical companies, and sometimes this trust is misplaced. The incompetence or carelessness of medical practitioners can result in harm to a child. According to the website of The Driscoll Firm, children born with birth defects often face significant challenges their entire lives. The tragedy is that it was preventable if the responsible parties had observed proper standards of care.

The same could be said for drug manufacturers. Prescription medications are often associated with side effects that can be dangerous to the patients or, in the case of pregnant women, to their offspring. This is why the Food and Drug Administration (FDA) require drug companies to inform the public and the medical community about possible risks, no matter how remote, that a product may pose to patients. The failure to adequately warn can make them liable for the consequences. A good example of this is Benicar (olmesartan medoxomil).

Benicar is an antihypertensive drug developed by Daiichi Sankyo, a Japanese pharmaceutical company. Forest Labs started promoting it aggressively in the US in 2002 as a safe and efficacious effective drug. However, a Mayo Clinic Proceedings report published in 2012 strongly indicated that Benicar could be causing a condition called sprue-like (mimicking the symptoms of celiac sprue, or celiac disease) enteropathy in patients. True celiac sprue sufferers could manage the disorder by avoiding gluten in food, but not those suffering from sprue-like enteropathy. The condition of patients, with an average age of 69, that stopped taking Benicar improved, but some had suffered permanent damage.

Because Daiichi Sankyo and Forest Labs neglected to warn doctors and patients about this side effect, personal injury lawsuit lawyers filed the first cases in February 2014. New cases are being filed all the time, the latest of which was filed in California on behalf of two male patients who developed sprue-like enteropathy.

If you suffered preventable injuries caused by medical dangers due to the negligence or carelessness of a third party, you have a right to compensation. Contact the appropriate personal injury lawyer in your state to assess your case.

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Better Pay on Time or Pay More

Posted by on Mar 14, 2015 in Prompt Pay Laws | 0 comments

Insurance agencies are notorious for delaying payment for legitimate claims and by and large they get away with it with a smile and a shrug. However, when there is a delay in paying doctors, other medical practitioners, and pharmacies, this becomes a serious issue because this demotivates them from rendering services to those who are covered by public or private health insurance. As a result, the federal government implemented the Prompt Payment rule that requires federal agencies to pay their vendors on time, or they will be required to pay interest under the Contract Disputes Act.

States are also addressing this problem in various ways, particularly focusing on private health insurance companies. The website of the Texas prompt pay lawyers at Williams Kherkher discusses the Texas Prompt Pay Act in some detail.

In essence, the law is dealing with the issue of the delivery of needed medical care. The fewer medical professionals that provide a service to insured individuals means that there is a shortage in needed medical care. Doctors, medical professionals, and pharmacies all have expenses to pay, just like any business, and when payments are delayed, they incur costs that would otherwise be avoided. Collecting becomes such a major nuisance that they would much rather not get into it in the first place. They decline to accommodate health insurance policyholders in their practice, preferring patients who pay out-of-pocket.

Any medical service provider or pharmacy that experiences unreasonable delay in payments due to them is protected under Texas law. If you are in this position, you don’t have to tolerate these bad faith practices of insurance companies. Get in touch with an experienced prompt pay lawyer in Texas to file a case against the insurance company for withholding your just compensation. You should get what is due to you plus any damages caused by the delay in payment.

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Hit and Run Accidents Harm Everyone Involved

Posted by on Mar 10, 2015 in Injury | 0 comments

A late-night bicyclist was hit by what witnesses say was a red two-door car in Nashville at approximately 10:20 pm on February 24, 2015. The bicyclist was thrown into a nearby front yard but the red sedan was nowhere to be found. There is no word as to the identity or condition of the bicyclist.

Such hit-and-run accidents are unfortunately quite common, especially when they happen late at night or early morning when reflexes are slower there are fewer witnesses. A Des Moines personal injury lawyer may have many cases involving the personal injury to early-morning joggers, dog walkers, or pedestrians crossing the road. According to the website of Pohl & Berk, LLP, the number of hit-and-run accidents has been on the rise over the last decade, with some estimates putting it as high as 15%.

The fact that the drivers left the scene of the crime means they are facing criminal charges when they are found, and possibly long incarceration depending on the extent of the harm. When there are witnesses to the incident, or the victim survives to tell the tale, the police have a better chance of finding and apprehending the one responsible. After that, all that remains is to see that justice is carried out.

However, criminal prosecution will not pay for the medical expenses of and other financial consequences to their victims. In most cases, the victim can file a civil lawsuit against the driver for these damages even as criminal prosecution is ongoing. Even if the defendant is acquitted in criminal court, he or she may still be held liable in civil court, where it is easier to get a verdict for the plaintiff.
If you have been seriously injured in a hit-and-run accident, you should be ready to assert your claim in civil court as soon as the responsible party is caught. Consult with a personal injury lawyer in your area for more information.

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Immigrants and Discrimination in Employment

Posted by on Mar 8, 2015 in Discrimination | 0 comments

Many foreigners continue to believe that the US is the land of opportunity, where anyone can make it big. This has fueled their determination to immigrate into the US so that they too can make it big. Unfortunately, it is not at all easy to immigrate into the US, and even if you get there, there are still many challenges to face.

According to the Law Office of William Jang, PLLC website, the first step to immigrating to the US is to obtain a Permanent Resident Card (USCIS Form I-551), otherwise known as a “green card.” It is called that because it was green until 1964, and it proves that the holder is a lawful permanent resident (LPR) with the attendant benefits such as the right to live and work in the US. However, unless you are an executive transfer or a very special worker, it will not be easy to get a green card without the help of a competent immigration lawyer.

Once you succeed in getting a green card, you will still have to deal with discrimination in employment. As pointed out on the website of The Melton Law Firm, any kind of discrimination in the workplace should not be tolerated. Immigrants, however, are especially vulnerable to this because they may not be aware of their rights.

The US is made up of many 2nd and 3rd generation immigrants, but that does not make it easier for newcomers to fit in. In order to protect the rights of LPRs as well as temporary residents, refugees, and asylees, Congress has enacted the Immigration and Nationality Act (INA) to ensure their equal treatment in terms of recruitment, promotion, compensation, and termination. In other words, employers are prohibited from rejecting applicants because of their nation of origin.

If you are having immigration and employment problems, you should contact the appropriate lawyer to help you out. An immigration attorney can help you through the immigration process, while an employment lawyer would be appropriate if you feel discriminated as an immigrant worker.

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Why you need A Water Filtration and Softening System in your Home

Posted by on Mar 4, 2015 in Water | 0 comments

The water in Texas is hard. According to the American Water website, this means that it contains a significant amount of dissolved minerals such as magnesium, copper, even iron. It usually does not matter if it the water supply is from a deep well or the city reservoir; the water is basically the same anywhere in areas like Texas. Most people don’t realize that their water is hard, or what harm it can do to the home.

Hard water does not pose a danger to human health unless the ground water has been contaminated or there is a leak in the pipes that lets in harmful pathogens. However, it does lead to some problems at home such as cleansers that do not foam or appliances that use water that easily break down. Signs of hard water include water spots in glassware, yellowish stains on clothes, unsightly rings around drains and toilets, dry hair and skin, and clogged drains.

The yellow tinge on clothes and stains on water fixtures and sink are due to the dissolved manganese or iron in the water. They can be well nigh impossible to remove without expensive and probably toxic chemicals.

Clogged pipes and dry skin and hair can be attributed t the accumulation of these minerals to form a scale. In water pipes in the home or appliances, they are a yellowish-white deposit that can be hard as rock and can only be removed effectively by replacing the pipes, often by hiring a professional.

People who have lived in Austin all their lives accept these things as a fact of life, but in fact they can do something about it. Water filtration and softening systems are designed specifically to minimize these effects in homes. It requires some investment to purchase and install these systems but they will pay for themselves in the long run.

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How Criminal Charges Can Affect Your Child Custody and Visitation Rights

Posted by on Mar 2, 2015 in Criminal Charges, Family | 0 comments

It is not really surprising that criminal charges can affect your child custody and visitation rights. After all, it is in the child’s best interest to be protected from criminal elements. However, not all criminal charges are considered prejudicial to a parent’s right to custody and visitation rights. Non-violent crimes, for example, do not constitute a bar to having custody of a child, unless it results in a conviction that mandates jail time. Domestic violence is another matter.

Some states have laws that provide guidance to a divorce court judge pertaining to domestic violence. A Manhattan Beach child custody lawyer will know very well that a judge will take such factors seriously. In fact, a court judge is compelled to adhere to special rules in child custody decisions when a parent was convicted of domestic violence against the other parent in the previous 5 years; or a court decides that domestic violence happened against the other parent or child. In such cases, the judge is typically barred from awarding physical custody to the parent convicted of domestic violence with some state-specific exceptions, but not from granting visitation rights. It will all depend on the circumstances.

Child custody and visitation rights are usually a bitter issue between parents, and some go through great lengths to make sure they come out ahead. There have been cases when one parent falsely accused the other parent of domestic abuse or violence in order to sway custodial decision. As pointed out on the website of Truslow & Truslow, Attorneys at Law, even the most minor incident can be blown out of proportion. This can lead not only to loss of parental rights but also damage to the reputation of the accused. It is important for the defendant to challenge such accusations with the help of an experienced criminal defense lawyer.

Divorce is always a complicated civil matter, and it is made more complicated when there are criminal charges involved. Contact the appropriate lawyers to handle these matters in as smooth and painless a way as possible.

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