3 Ways to Protect Your Family From Medical Malpractice
People literally put their lives in the hands of medical professionals every day. We do this because we trust that they have the knowledge and experience to help us. Most of the time, this trust is merited and goes without any complication. However, doctors are human beings, which means they can make mistakes. Fortunately, there are ways to actively avoid these mistakes. Here are three helpful tips to help protect yourself and your family from medical malpractice.
Be Informed
You do not need a medical degree know when something is wrong with you or anyone in your family. There are plenty of resources to help you, including the opportunity to get a second opinion. While you can get information from the internet, make sure you are getting it from a reliable source. Gaining knowledge about your condition allows you to have an educated conversation with medical professionals about your health and may help you figure things out faster.
Be Your Own Advocate
Unfortunately, it is not always enough to know what is going on with your body. It can be difficult to convince an experienced medical professional of your concerns. After all, they are the ones with proper training. In addition to doing your research, you should learn to be your own advocate. Be respectful of your doctor, but don’t be afraid to ask questions or get a second opinion. Your confidence and comfort are important parts of patient care as well.
Seek Legal Counsel
Sometimes protecting your family means having a strong defense in place. You need to be prepared to take action. If you have any concerns or someone in your family has already suffered because of medical malpractice, then you should find a good attorney. Legal professionals can give you advice about your rights and options. They can also represent your interests if you feel you are being ignored. Cohen, Placitella & Roth recommends finding an attorney that specializes in malpractice suits.
Healthcare professionals make a pledge to offer quality care to their patients. They work tirelessly to keep people as healthy as possible. Despite their best efforts and intentions, however, preventable problems can happen. Preventable means that the damage or complication could have been avoided. This is a harsh reality, but, once accepted, one you can anticipate and for which you can be prepared. It is your right and responsibility to do whatever possible to protect yourself, even from doctors.
5 Differences Between Civil and Criminal Law
Civil law and criminal law are two separate limbs of the legal system in America. Each one is broad, with its own set of laws and punishments. There are several differences between criminal cases and civil cases. Criminal cases aim to punish the offender, who has offended the state (or society). Civil lawsuits, on the other hand, are filed to get the offender to make good the wrong they’ve done to another individual. Civil cases may involve matters such as small claims, personal injury or property damage. By contrast, criminal cases involve misdemeanors or felonies committed against the state. Five major differences between the two entities are listed below:
#1 Who Files the Case?
Criminal cases, such as murder cases, are prosecuted by the state. The offender has offended the state. Therefore, the persecutor acts on behalf of the state and files the case in court for criminal offenses. Although the offender may have wronged another individual in a criminal case, he has also committed a crime against the state, so there is a need for criminal proceedings. Civil cases are filed when the offense is against an individual who seeks restitution or compensation to right the wrongs done to him (or her) by the defendant. The plaintiff files a civil lawsuit against the defendant, often with the help of a hired attorney.
#2 Burden of Proof
The standard of proof is lower for civil cases. While criminal cases must be proven beyond a reasonable doubt, civil cases follow standards like the preponderance of the evidence. In other words, if something seems more likely to have happened a certain way than not, the case is proven. The criminal defendant is entitled to an attorney, and the state must provide one he/she cannot afford one. In civil cases, the defendant must provide their own representation. The differences in standards of proof exist because civil cases are considered less blameworthy and the punishments less severe.
#3 Legal Protections
The defendants in criminal cases are afforded many protections under law, such as the protection against illegal searches and seizures. Those same protections are not available to defendants in civil cases.
#4 Jury or Judge?
Many civil cases are decided by a judge, although juries may be involved in some civil cases. Criminal cases are almost always tried by juries, per the Bill of Rights and trial by jury.
#5 The Punishment
Criminal cases have jail and prison sentences and potentially even death depending on the state as a potential punishment. In civil cases, the punishment usually only involves monetary payment for damages, though other types of restitution are ordered as well.
Conclusion
Perhaps the most notable difference between the civil and criminal law is that with criminal cases, a defendant is brought up on charges, while an individual files a lawsuit against another individual/company in civil cases. Criminal offenses are harder to prove than civil cases; however, the same conduct that leads to a criminal case can prove a civil case. If a criminal is not found guilty beyond reasonable doubt in a criminal trial, they could still be proven guilty in a civil case for the same conduct. The laws, proceedings, and punishments for criminal cases and civil cases differ significantly.
Sources
“Civil Law vs Criminal Law.” (n.d.). Diffen.com. Diffen LLC.
Reuters, T. (2017). The differences between a criminal case and a civil case.
5 Idiosyncrasies of US Law
US law is unique when compared to many other legal systems around the world. This fact is mostly attributed to some very defining precedents that have been made by the courts since the country’s founding. Below are five things that the US does that many other legal systems do not.
Adversarial
The US legal system is described as adversarial. This means that the system does not seek the truth. Instead, it looks at who is more right than the other. When evidence is presented, it’s chosen based on how strong it will make the case. Additionally, defendants are rarely allowed to testify in court, which prevents them from being cross-examined. They opt for self-preservation instead of potentially bringing the whole truth of a case to light.
Class Actions
Class actions and torts are commonly referred to as second-order cases. While most other countries dismiss these types of cases in short order, the US entertains them, making it very different from many other countries around the world. Class actions happen when a group of people with similar issues with a product or company sue the defendant as a group. These types of cases have been very lucrative in the past and still occasionally are, though they’re usually better for the law firms representing the group than for the individuals in the group.
Education
Another thing that sets the US apart from other countries in the world is the education necessary to get a law degree. Those wishing to study law cannot jump right into a law program. They have to get another degree before taking the LSAT, and spend another 3 years at an accredited school, after which they can get a Juris Doctor degree. Then, they must pass the bar exam and be admitted to the bar to practice law. Most states only allow those who have passed the bar in that state to practice law in that state. Once you pass the bar, you can practice in any field you want.
Basis of Guilt
One of the main tenants in criminal cases is that the defendant must be proven to be guilty beyond a reasonable doubt to be convicted. The prosecution has the burden to prove to the judge or jury that the defendant committed the crime. If they can’t, the person walks free. While this makes it harder for innocent people to be convicted wrongfully, it also means that some people guilty of heinous crimes walk free as well. Should new evidence come to light later that proves the defendants’ guilt, the court can’t re-try the case because of double jeopardy.
Evidence
Past cases set a variety of precedents that limit what evidence is admissible in courts against criminal defendants. Documents, testimony and tangible evidence are generally admissible, though if evidence is gathered via illegal methods, it’s inadmissible, meaning that it cannot be used. Because of this, criminal cases are generally more dependent on the skills of the lawyer rather than justice itself.
Sources
What are the Different Types of Divorce?
It may seem that while getting a divorce can be complicated, that there is really only one way to do it, just with different components. There are actually a few different ways of approaching the end of your marriage. The type of divorce you can get depends on how long you have been married, the state of your finances, if you have children or not, and the reasons you are getting divorced.
Simplified Divorce
Most states have a version of simplified or summary divorce. This is generally used for marriages of relatively short duration. The couple usually doesn’t own much property, have substantial debt and are without children. They must be in agreement on all issues involved in the divorce, and all court paperwork must be filed jointly. Simplified divorces are usually very quick, and they usually don’t require the involvement or expense of lawyers.
Uncontested Divorce
In an uncontested divorce, there is usually an attorney who represents the person who is asking for the divorce. The couple is in complete agreement on all issues, and they agree to have the case heard as an uncontested matter. Any written marital settlement agreement is signed off on by the parties before the divorce is final. If a court appearance is necessary for basic testimony, it’s usually only the person petitioning for a divorce who needs to be there. An uncontested divorce is generally much quicker, less expensive, and less stressful than a contested divorce.
Contested Divorce
A contested divorce is what most people think of when they think of divorce. In a contested divorce, the couple is not able to reach an agreement on their own, so they have to go to court for a trial. These issues usually have something to do with the division of child custody, assets, or property. Although it’s not mandatory, each of the parties usually has a divorce lawyer representing their interests. It’s far better to retain legal counsel in a contested divorce, especially when a party’s emotions can get in the way of making sound decisions. A contested divorce can be resolved by a settlement before the trial, which allows both parties to be satisfied by the outcome.
Those are the three different kinds of divorces. Parties might ultimately reach an agreement themselves, through mediation, a collaborative effort or even through a mutually agreed upon arbitrator. The better that two spouses are at civilly and honestly discussing issues, the less expensive and emotional the dissolution is likely to be.