Buzzin’ on the Caffiene

Deaths to Medical Malpractice

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

To perish before you are even given the chance to prove yourself as a person can be one of the cruelest fates that can befall a person – especially someone as innocent as a newborn child, someone who has yet to see the outside walls of a hospital and feel sunlight on his or her skin. There are some very rare instances wherein this kind of nightmare situation comes from genetics; there are simply some things that cannot be helped. However, there are some instances just the same wherein these circumstances are due to the negligence of someone else – and that is when the victims are warranted to pursue justice and retribution against the horrible wrong done unto someone so innocent.

Cases of that nature – birth injury, that is to say – are under the umbrella term of medical malpractice, which falls under the responsibility of personal injury. Things like this can get complicated as the legal attorneys that victims need to seek out are those who specialize in these kinds of complicated cases. The lawyers needed for cases like this need not only irrefragable knowledge of personal injury law that the court abides by (as the laws are subject to some discrepancies per state) but also confident knowhow on the medical jargon and the case at hand, in order to properly represent the case in a court of law.

According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., in Florida, there are more people who die due to medical malpractice than car accidents. They have also gone on to state that one in every three medical mistakes results into the death of the patient. Hospitals are often backed up by insurance companies – corporations who have an array of lawyers who will do all it takes in order to make sure that the guilty party need not pay out the compensation that the victim so rightly deserves. This is unacceptable and justice serves only those who are in the right of it – the right kind of legal team will and should ensure this.

If you or someone you know has fallen into the unfortunate circumstance of having been a victim of birth injury or medical malpractice in general, it is recommended that specialized legal help is sought out in order to be given the best possible representation, and thereby awarded the best possible compensation to better recover from such a horrid incident like this.

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Spring Break Arrests

Posted by on Jan 21, 2015 in Criminal Arrests | 0 comments

For many young individuals all across the US, spring break means time for great fun and great fun can mean skipping out of town to a perfect vacation retreat. While a long drive to another US state can be exciting, it is often necessary to first get to know the specific laws of the state one is planning to visit, especially its laws on driving, DUI, possession of alcohol or illegal drugs, which young vacationists sometimes use recklessly.

States may differ in treating or in punishing illegal acts, like DUI or minor in possession (MIP) of alcohol but, definitely, what is considered to be a crime in one state remains to be a crime in another. And, if caught committing an illegal act in the state visited, it is that state’s to be applied rather than the state where the violator resides.

Those who are caught, for instance, of possessing alcohol can be charged with possession of alcohol under the legal age (PAULA) or minor in possession (MIP). PAULA or MIP is a violation of the National Minimum Drinking Age Act, a federal mandate that was passed in 1984. This law forbids minors, who are below 21 years old, to possess or purchase alcoholic beverages in public (except under certain conditions).

The usual punishment of those charged for the first time with PAULA or MIP (so long as the offense does not involve public intoxication or DUI/DWI) is a fine not less than $100 but not more than $200. Repeat offenders, however, can be required by the court to render community service or participate in an alcohol education program or DUI school besides paying a fine. The suspension of driving privileges is also applied in other states.

On its website the Flaherty Defense Firm speaks about the many arrests made by police officers in Destin, a favorite spring break destination. These arrests become sources of much inconvenience to charged individuals as they would be required to make back and forth state to state trips just to deal with the charge made against them. While leaving Destin without first resolving the specific crime an individual has been charged with is a very unwise move, hiring the services of a dependable and dedicated Destin criminal defense lawyer is. First, being represented by such lawyer will eliminate the inconvenience of having to travel back and forth to Florida and, second, it is possible that the lawyer hired will be able to argue and convince the court to have the charge dropped instead.

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The Advantages of a Postnuptial Agreement

Posted by on Jan 19, 2015 in Family Law & Divorce | 0 comments

Until the early part of the 1970s the notion of a husband and wife executing a postnuptial contract was considered impossible for the simple reason that a legal contract involved two or more persons who express mutual consent to the contents of the agreement being entered into. Since marital unity made a husband and a wife a single person, a postnuptial agreement, therefore, could never be legally valid, as one cannot enter into a contract with one’s self. This legal position was maintained even after US courts dismissed the concept of a man and a woman being only one person after their marital union, arguing this time that postnuptial agreements only encouraged divorce.

The rise of divorce rates in the 1970’s and onwards, as well as the recognition of “no fault” divorces, however, caused a stir in the legal stand, leading to the acceptance of postnuptial agreements in American jurisprudence.

Postnuptial agreement, otherwise called marriage agreement, post marriage agreement, postmarital agreement or postnup, is a voluntary written contract executed by a couple after marriage or a civil union. While some couples enter into this agreement to prevent conflict and promote harmony in their relationship, others choose to execute it to remove causes of disagreements over finances, assets, and other issues that may arise in the event of divorce or separation, control unacceptable behaviors, like over-spending or adultery, or set parameters over asset and property division (after divorce) due to changes in financial status brought about by changes in investment income, receipt of an inheritance, sale of a business or changes in one’s career.

While the validity of postnuptial agreements differs from one state to another, the criteria used by judges to define its validity are the same. These criteria include: its reasonableness to both parties; the contents of the contract are mutually consented to by both husband and wife; and, the full disclosure of each other’s assets.

A legal contract will definitely affect each other’s financial situation after divorce. Divorcing couples should consider consulting an experienced lawyer, like one of the Raleigh divorce attorneys, as this will be vital in helping ensure protection of their rights, interests, and futures. Furthermore, a postnuptial agreement can eliminate conflict and save the couple from heartache and significant costs in time and money so long as it clearly points out the terms of marriage.

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Workers’ Compensation Benefits

Posted by on Jan 16, 2015 in Workplace Injuries | 0 comments

In 1970 the Occupational Safety and Health Act (also called OSH Act) was passed into law for the purpose of ensuring a safe and healthy working environment for workers all across the US. The task of enforcing this mandate from OSH Act was made a responsibility of its offshoot, the Occupational Safety and Health Administration or OSHA.

The mandate to keep working environments safe and healthy is specially needed in construction and industrial sites where accidents are very common due to the hazardous substances and dangerous equipment used in these workplaces. Thus, to make these sites more safe, the following additional requirements were made by OSHA: wearing of proper protective gears in working areas, especially against falls and falling objects; appropriate lighting in passage ways and in places where work is performed; keeping stairways and ladders sturdy and safe; installation of ground fault-circuit interrupters (GFCIs); stationing of fire extinguishers with a 2A-rating every 3000 square feet; stationing of eye wash and body-flushing areas within 25 feet from battery-changing places; and, placing of clearly visible and readable accident-prevention or “danger” signs and the removal of these signs when there is no longer danger.

Sometimes, though, despite compliance with OSHA safety standards and training of workers in the observance of these standards, workers still end up becoming neglectful in some of their duties because of exhaustion or some other reasons. The problem is, these acts of negligence are the very causes of accidents that result to injuries or, worse, death of unsuspecting victims.

Individuals who sustain job-related injuries or develop a job-related illness, due to exposure to hazardous substances (even if the illness gets diagnosed years after exposure to such substances), should know that they are entitled to receive fast and sure financial benefits from the Workers’ Compensation Insurance that is mandated to employers.

Workers’ Comp covers wages lost, cost of medical treatment, disability, rehabilitation and death. To avail of the benefits injured workers do not have to file a lawsuit; they simply have to inform their employer of the injury, when it was sustained and the circumstances leading to the injury. The necessary claims form, to be supplied by the employer, will need to be filled out correctly and substantiated by all proofs concerning the injury or illness, which is to be verified by an accredited doctor. All proofs and the claims form will need to be filed with the state’s Workers’ Comp within the statute of limitation set by the state – this usually six months to two years after the injury was sustained or after the illness was diagnosed.

Many of those who file benefits claims handle the whole process, from the filling out of the claims form to the preparation of all substantiating documents to the filing of the claims itself, by themselves. Doing things by themselves, however, has resulted to unforeseen mistakes, which are usually technical (like a missed signature) or late filing of claims.

According to the website of lawyer Robert Wilson many applications get denied (often due to mistakes) or, if approved, are offered inadequate compensation. This is why the firm emphasizes the importance of seeking the assistance of highly capable Workers’ Compensation lawyers.

A Delaware personal injury lawyer is another legal professional who is knowledgeable in the details concerning Workers’ Comp law and benefits. It will be in the best interest of the injured or ill worker to seek his/her assistance.

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BP Oil Claim Appeals: Causes of Delayed Claims Settlement Payment

Posted by on Jan 12, 2015 in Oil Spill | 0 comments

The court hearings on the compensation of many business firms which claimed to have suffered economic losses due to the oil spill in the Gulf of Mexico in April of 2010 still seem endless. The bad news is, the statute of limitation on matters relating to compensation, was set by the Oil Pollution Act to three years: it is almost five years now since the spill happened.

In 2012 British Petroleum (BP) signed a settlement agreement which would pay businesses for their losses due to the spill. Since then, BP has already paid as much as $2.3 billion in settlement claims. The giant oil firm, however, argues that the agreement has fallen to misinterpretation, for instead of requiring the businesses to first prove the connection of their financial losses to the spill, Patrick Juneau, the court-appointed administrator of the settlement fund, already recognized a claim as authentic so long as the business is able to show smaller earnings during the months that immediately followed the spill. Arguing along this line, BP may definitely have a point; the courts, however, did not recognize BP’s argument, rejecting the successive appeals it filed instead, the last one on the 4th quarter of 2014.

These appeals are seen as BP’s means of delaying payment or from keeping itself from paying what it believes are fraudulent claims, but recognized and approved by Juneau still. In an article posted on the website of the Williams Kherkher law firm, says that BP also negotiated in the agreement the right to appeal claims that exceeded $25,000.

The $2.3 billion that BP has already paid is just a quarter of the $7.8 billion that the oil company prepared to compensate individual and business claimants. But due to the appeals, payments have been stalled, forcing claimants to bear an indefinite waiting period. The long wait, however, has already resulted to some businesses closing down or declaring bankruptcy, but still with no foreseeable date when their claims will finally be settled.

Waiting is an option, but so is seeking the help of a truly dependable claims settlement lawyer, who can help speed up payment of claims.

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Masterful Salon Service

Posted by on Jan 10, 2015 in Beauty & Health | 0 comments

The need to provide the changing and growing demands of consumers, be it in the list of services and/or do-it-yourself products offered, the quality of services and products, the level of comfort provided during the service, and the level of satisfaction after each visit, are making salon operators all across the US work hard to continuously improve what they have to offer.

The continuous growth of the professional beauty industry has led to the offering of many other services besides haircutting. Salons such as Therapy Hair Studio, offer a multitude of services, including hair layering, blow-drying and shampooing, keratin/smoothing, hair-coloring, corrective color, overlays and add on color, full highlights, brow tint, lash tint, make up (including bridal application) and lots of other services all aimed at providing excellent salon experiences.

These are just the tip of the iceberg. Other common services offered in salons that have won the approval of many customers include:

  • Hair style and make-up services for special occasions – these are masterfully done to suit the customer’s personal style and preference, and to complement the client’s dress to bring out her most stunning looks
  • The Brazilian Blowout – a treatment that smoothens and straightens the hair by ridding it of all the frizz to make smooth, soft, healthy and full of life. This particular treatment is great for those with perm, damaged, course, processed, Japanese straightened and curly hair
  • Kevin Murphy hair care products and Kerastase’s Chronologiste, which makes one’s hair incredibly soft, shiny and supple, besides UV protected. These products, along with many others, are meant to keep hair flawless until the customer’s next visit
  • Style Edit, a temporary root touch up spray product that is formulated to extend the life of the hair’s color until the next coloring treatment. This product is also proven effective in masking thinning hair.

Customers in high-end salons are also becoming accustomed to a certain luxurious experience. As such, salons strive to provide the best professional “feels like home” experience.

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Employment Discrimination Laws

Posted by on Jan 9, 2015 in Employment | 0 comments

For the year 2013, the U.S. Equal Employment Opportunity Commission (EEOC) received 93,727 job discrimination charges with retaliation (38,539 cases), race discrimination (33,068 cases), sex discrimination, including pregnancy discrimination and sexual harassment (27,687 cases), and discrimination based on disability (25,957 cases) as the top four cited bases for the charges.

The U.S. Equal Employment Opportunity Commission (EEOC), which is the federal government’s law enforcement agency on matters concerning workplace discrimination, was formed by the US Congress in 1964 for the purpose of enforcing the mandates of Title VII of the Civil Rights Act of 1964. This Act was passed to specifically illegalize discrimination in all the aspects of employment, which include hiring, promotion, wages, fringe benefits, job training, firing, referral, etc., on the basis of race, national origin, color, sex or religion.

After its passing into law, amendments were made to Title VII to extend the protection it provided to those not directly specified in the original draft. Some of these amendments included the inclusion of “sex-stereotyping” of lesbians, gays, and bisexuals as discriminatory acts (based on sex) and, therefore, illegal; the transgender status and gender identity were, likewise, added in the list of protected classes in 2012.

Aside from enforcing anti-employment discrimination laws, EEOC also has the authority either to intercede and resolve discrimination complaints even before conducting an investigation or to file a discrimination suit against an employer (on behalf of the victim). Most of the laws enforced by EEOC offer compensatory and punitive damages to victims, especially if the discriminatory acts are found to be intentional. The monetary damages are meant to compensate for present and future financial losses, mental anguish and the inconvenience suffered by the victim. Punitive damages, however, are only included in cases wherein reckless indifference or malice is proven to be behind the discriminatory acts.

On its website, the law firm Cary Kane, mentions all the possible bases of discrimination in the workplace, explains the legal options available for the victim of discrimination or harassment, and mentions the necessity of being represented by a knowledgeable and experienced Labor and Employment lawyer due to the complexity of the employment law. Having a dependable lawyer will also keep the victim from worrying about the required documents that need to be prepared and submitted and the filing of the discrimination charge (first with the EEOC prior to an actual lawsuit) within the statutory limit.

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