Wrongful Death Structured Settlements

Although many people seem to think a wrongful death action is a criminal case, it is not. A wrongful death action is a civil suit with the award called a structured settlement.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.

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Medical Malpractice Cases Founded in Medication Errors

Unfortunately there are an increasing number of medication errors being made in hospitals and other medical settings; errors that result in medical malpractice cases.

These figures will shock and likely dismay you. There are well over a million people a year across the U.S. who suffer harm or death due to medication errors. It’s these kinds of mistakes which may well lead to a medical malpractice case or a wrongful death action. Don’t guess which legal route you may be eligible for because these cases are difficult to prove. Always speak to a highly skilled medical malpractice attorney for advice and an assessment on whether you have a solid case.

What constitutes a medication error? In a nutshell, it is any “preventable act” that may cause or wind up causing improper medication usage and patient injury while being cared for by a health professional. Known also as prescription errors, these potentially deadly slip-ups may come about as the result of poor product labeling, the wrong orders being given, inappropriate compounding, monitoring, administration or use and dependency. It only takes one minor mistake handling drugs and the consequences could mean severe harm or death for an unsuspecting patient.

Recent statistics indicate that the most common fatal blunder was giving the wrong dose of medicine. Those figures were a whopping 41%, with giving the wrong drug and using the wrong method of giving that drug coming it at 16%. This information would certainly give anyone in a care setting a great deal of pause for thought.

Unfortunately, many of the people in care are not able to question what drug they are being given and are in essence a captive audience being fed medications as the doctor orders. Whether or not the right orders were given and the person administering the medication does so in a proper manner are the other questions that may lay the foundation for a medical malpractice lawsuit.

Many medically negligent medication errors happen with people over the age of 60 years old. The major reason for this is that many seniors in that age bracket are on multiple medications and the chances for a potentially fatal interaction/reaction increase exponentially. Make it a point to check out all medications you have been told to take. Ask about side effects and compatibility of the new medication with existing ones. Read everything you can get your hands on about the drug and double check the dose, when to take it, how to take it and any other special instructions.

Being involved in your own health care is essential if you want to minimize the chance of having something go wrong later when you are not able to be present and alert to monitor what you are being given. If you suspect you have been the victim of medical malpractice or a family member died due to a medication error, contact an expert med mal attorney well in advance of the statute of limitations running out.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Malpractice Means More than Just Medical Malpractice

When the term professional malpractice is mentioned, many people assume it automatically refers to medical malpractice. This isn’t always the case.

Malpractice cases don’t always center on medical malpractice issues. In fact, the term malpractice refers to any act of neglect or failure by a “professional.” These kinds of cases also happen to involve accountants, nurses, dentists and lawyers.

The difficult thing about malpractice cases is what actually constitutes professional neglect. This is a hard thing to prove, as it usually boils down to a “he said/she said” situation and involves what other pros in the same profession as an accused consider to be the “gold standard” of proper and ethical practice.

Professional neglect is an act by an expert that harms a patient or client. In other words, the person on the receiving end of the negligence suffers some harm. Usually in cases such as this the assertion is that the quality of care or the service provided was outside the generally accepted standards followed by others in the same profession.

There is, however, another meaning for the term malpractice and that is an act done on purpose by a professional intending harm. For example the case of an accountant or stockbroker who misappropriates money from his or her clients. It may also mean an instance where a patient in a hospital gets the wrong medication and it causes physical harm. This would be a prime example of hospital malpractice. Medical misdiagnosis may also fall into this area of law.

While it likely goes without saying that experts in any profession are only human and are sometimes prone to making mistakes, the dividing line between an honest mistake and malpractice is when the harm caused by the practitioner could have been avoided if they had only acted in a reasonable manner “under the circumstances.”

The most common cause of death in the U.S. is medical malpractice and includes cases involving bungled surgery, cancer misdiagnosis, birth injuries, and medication overdoses or mistakes. Ranking right up there next in line are errors relating to not getting informed consent before doing a medical procedure and the failure to act quickly to treat a diagnosed condition.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Investment Scams Proliferate

There are more scams on the go than just the high profile ones that you read about in the paper. Madoff is a very large example of some of the smaller schemes that proliferate online and offline.

There are far too many con artists out there these days to really take anything for granted any longer. You can thank the recession for that as more people try to find ways to make money. Let’s face it, investors are looking to recoup their losses somehow and on the other side of the fence, there are con artists just salivating to divest them of their money.

Be on the lookout for scams like the Ponzi scheme which dangles the golden promise of high returns in front of investors. This one works by taking funds from new investors and then paying off the first investors in the pyramid until it ultimately collapses. In the Ponzi, virtually all the investors lose everything, including the shirt on their backs.

We all know the real estate market is in a real mess and this is where the real estate investment con comes into play. It usually promises high returns for merely flipping real estate. However, investors lose out big time when expected work is never performed as promised or the house is located in a really bad area where no one wants to live.

A little closer to home and a bit more personal, is the investment/financial advisor fraud. This happens when an advisor without any ethics or morals takes advantage of their client not knowing much about investments. They may embezzle funds, grossly over inflate the cost of their services or have even been known to make up charges.

Another popular scam is the oil and gas investment con. It primarily assures investors they will make quick bucks on oil and gas ventures. However, these “ventures” never do get off the ground. Make sure you are aware and alert and watch for unregistered securities.

The worst scam of all, at least on a personal level, is something called the affinity fraud. The scam artist in this fraud uses personal connection to target groups, say at work, church or even a family, and lures them into making fraudulent investments. This one really hits home when those who have had the wool pulled over their eyes discover the deceit.

If you’re the victim of fraud or about to be charged with fraud, hiring the right attorney will make all the difference in the world. Don’t try to handle fraud situations on your own, as there are too many things that have the potential to go wrong.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.