Due to their frequent contact with medical specialists and experts, medical malpractice lawyers in Florida profit greatly from a working knowledge of human anatomy and physiology as well as popular medical terminologies. In order to piece together what happened, they’ll need to dig into the medical records of their patients. Medical malpractice attorneys also need to be proficient in writing and speaking, research, and negotiating, all of which are typical to most legal jobs.

Legal Representation for Victims of Medical Malpractice

Depending on the nature of their clients’ cases, medical malpractice attorneys file lawsuits on their behalf. These patients are claiming that their doctors committed malpractice and are bringing suit against them. Term malpractice refers to professional misbehavior by a doctor or a lawyer in the course of their work. Misconduct by medical professionals like doctors, nurses, dentists, and physical therapists is known as malpractice in the healthcare industry. If a patient is harmed due to a surgical error, medical misdiagnosis, anesthetic error or any other medical malpractice, they may have the right to file a lawsuit against the doctor. 

The Process of Hiring a Medical Malpractice Attorney

Typical civil litigation tasks are performed by medical malpractice lawyers on a daily basis. When there is a legal dispute, but no criminal charges are involved, civil litigators handle the matter. Client interviews, investigations, motion writing, trial strategy development, and litigation are all part of the civil litigator’s day. Lawyers that specialize in medical malpractice are also responsible for extra duties, such as: 

• Medical experts, medical professionals and other third parties are deposed throughout the litigation.
• Studying the plaintiff’s health status through medical research
• Analysis of case merits, review of medical data and decipherment of doctor’s notes with legal nurse professionals.

Salary Preferences

In 2019, the average yearly salary for an attorney was $122,960, according to the Bureau of Labor Statistics. The income potential of a medical malpractice lawyer is heavily reliant on the volume of cases they take on and the area of competence they have. Contingency fees allow those who can’t afford to pay for an attorney up front to get the help of a medical malpractice lawyer. The lawyer’s fee is based on a percentage of the plaintiff’s net recovery in a contingency fee arrangement. Keep in mind that there are damage caps on medical malpractice cases in 30 states. 3 It means that you may receive less money in total. The American Medical Association found that from 2006 to 2015, two-thirds of medical malpractice cases were dropped, dismissed, or withdrawn, which has a significant impact on compensation. Another 23% of claims were settled out of court, compared to just 7% of cases that went through the courts. There have been 87.5 percent more victories for medical practices and professionals than for litigants in the cases that have gone to trial. 4 Six states have damage caps in place. In 24 states, there is a cap on non-economic damages; however, there is no such cap on economic damages.

Prerequisites for a Lawyer Specializing in Medical Malpractice

The same seven years of post-secondary education are required for a medical malpractice lawyer as for any other type of lawyer. A bachelor’s degree can be obtained in any field of study. What’s next? Probably three years of law school. It is possible for students at law school to specialize their education in a particular field. Students should have a solid understanding of civil litigation and trial alternatives because many medical malpractice cases do not go to trial. It is possible that law students would benefit from internships at well-known medical malpractice defense firms. After completing law school, aspiring lawyers must take the bar test in every state in which they plan to practice.

Medical malpractice attorneys can benefit from certification by the American Board of Professional Liability Attorneys (ABPLA) (ABPLA). For a lawyer to get board-certified, they must reach or exceed a high level in a variety of areas of practice including expertise in professional liability law, ethics, and training. Legal or medical professional liability written exams are required for those seeking the ABPLA certification. Legal or medical professional liability (PLM) CLE and a list of judges and attorneys who practice in this area of law are also required.

Path to a career

An approved law school and a license to practice law in the state where an attorney practices medical malpractice law are prerequisites for all medical malpractice lawyers. Students who have completed college curriculum in areas such as anatomy, physiology, health care law, personal injury, and other relevant subjects are more attractive to employers. The American Board of Attorneys Specialized in Professional Liability (ABPLA), which often includes passing a written test, continuing legal education seminars, and obtaining references from other legal experts in the area, can help a medical malpractice attorney stand out. The majority of attorneys begin their careers as associates in law firms and subsequently proceed to partner or non-partner roles, which eventually lead to a senior attorney or counsel positions.

Trends in the workplace

Claims for medical malpractice are among the most heavily controlled in the legal system. Many states are restricting how much money a medical malpractice plaintiff may win and altering tort rules, especially when it comes to medical malpractice claims. These laws are subject to change on a regular basis. That’s why a medical malpractice lawyer needs to keep up with the latest developments. When it comes to the practice of personal injury law (including medical misconduct), the area is overflowing. In order to distinguish themselves or their companies, medical malpractice attorneys should keep up with current marketing and advertising trends. Medical malpractice law firms are no longer best served by billboards, buses, or television commercials, according to many legal marketing organizations, including Digital Logic. As a result, the industry is shifting toward more professional, thorough websites that provide a wealth of information to potential clients looking for a personal injury lawyer. Adding virtual web assistants like chatbots to the site can help potential clients and gather basic information about their wants.

In summary, medical malpractice attorneys defend patients who are suing doctors for malpractice. Specialized medical malpractice attorneys conduct civil litigation, contact medical experts, study medical records, and carry out their own research in addition to the aforementioned tasks listed above. Before they can practice law, medical malpractice attorneys in every state are required to go to law school and pass the bar exam.

The post What Differentiates Medical Malpractice Lawyers From Other Injury Attorneys? appeared first on Legal Desire Media and Insights.

However, a sudden slip throws you off balance when you least expect it. You may be thinking of a thousand different things, and falling isn’t the one. Sometimes, another person’s negligence takes an unprecedented toll on you. If your slip and fall injury is quite severe and affects your work–life balance, you deserve proper compensation from the at-fault person or entity responsible for your accident. 

You should hire an accident lawyer to judge the extent of impact and claim compensations for the loss. 

Before hiring a lawyer, you need to consider a few points.

Why Do You Need A Lawyer?

There are three main reasons to hire a personal injury lawyer if you slip and fall.

1. In the heat of the moment, it is difficult to predict what led to your slip. The property may be damaged. Somebody hurrying through the place might have just bumped into you. Maintenance issues may have been pending for a long time. 
2. The property owners and insurance companies do not accept the legal responsibility for slip and fall accidents unless there is a proven liability.
3. Also, the defendants may argue that the injuries are nominal, hardly even existential. So, knowing the extent of injuries becomes extremely important.

Self-Assessment Checks

Several issues could have led to your fall. It could be a cracked or crumbled pavement, unexplained dirt, water, or ice that made the road slippery. Unevenly constructed surfaces or defective carpets, broken railings on stairways, damaged edges of stairs, no warning signs in case of any work in progress, or inadequate lighting system in the area are other probable causes for the mishap. 

Before you hire a lawyer, you should confirm your accident details. Ask yourself these questions to get a clear idea of what caused you to slip and fall. 

1. What time of day did the slip occur? If it was night, was the property area well lit?
2. What kind of footwear and clothes were you wearing? Did you slip because of your clothes or shoes?
3. Did anyone witness your fall?
4. Was the floor (staircase) wet or dry at the time of your fall?
5. Did you slip because of some staff?
6. Were there any obstructions on the path which caused you to stumble and fall?

These questions will help you understand the cause of your accident. The accident lawyer will ask you these questions before taking your case and help you out well if you can cite the fault in the property that resulted in the accident. 

For example, suppose you were walking on wet pavement in a pair of heels (and say the caution signs were also in place, but you missed seeing them), and you slipped. In that case, there’s a weak chance of you winning the slip and fall case. 

However, if you were climbing a staircase with no lighting system in good shape and steps with broken edges, there’s a good chance of you winning the case and receiving the benefit and compensation that you are entitled to. Therefore, it is essential to have your notes thoroughly. 

Lawyer Charges

Before hiring a lawyer, know that lawyers charge fees for premises liability cases on a contingency fee basis. You will not have to pay anything from your pocket unless the lawyer locates compensation for you. 

A part of your compensation will be your lawyer’s fees. It is not entirely possible to know how much compensation you will receive. However, your attorney will be able to make a fair estimate judging by the impact you received. 

Filing the Slip and Fall Case

Filing cases is not an easy task. Fraudulent claims are filed on big and small businesses from time to time. That is the reason why you should file your slip and fall case claims with adequate representation and legal backing from an accident lawyer.  

Negotiating Your Claims

The property owners and insurance companies dread compensating for slip and fall accident cases. That is where an astute lawyer can use their years of practice to strengthen your case. They will try to prove that they aren’t at fault, ask you to check the facts, make you believe that you slipped due to your negligence, or that the injuries you have incurred are not severe enough to demand compensation. 

Your lawyer can ensure that fair justice is served to you. This will also make sure that the property owner fixes the structural issues to avoid compensating anybody else in the future.

The post How to Claim Compensation for Your Slip and Fall Injury?      appeared first on Legal Desire Media and Insights.

Usually, when someone is receiving Social Security benefits, they do not have to pay a premium for their Medicare Part A and Part B. However, if you are not receiving Social Security benefits, you may have to pay a premium for your Medicare Parts A and B. In 2021, the premium for Part B was $148.50 a month but could be higher if you have an income of $88,000 or more a year.

You can still sign up for Medicare even if you do not qualify for Social Security, but you will have to pay for your coverage unless your spouse has been paying Medicare taxes. In that case, you may be eligible to receive Part A for free. The best way to know is to speak with a licensed insurance agent who will be able to advise you about your different options.

What is Medicare?

Medicare is health insurance that is often provided to individuals associated with individuals who’ve reached retirement age. There are four different parts to Medicare:

• Part A, which covers your hospital expenses and stay at a skilled nursing facility or hospice
• Part B, which covers your preventative care, doctors appointments, and outpatient care
• Part C, which is often referred to as Medicare Advantage Plans or Medigap Plans, provides supplemental insurance to your Part A and Part B coverage since those plans usually have “gaps” or areas they do not cover, driving up healthcare costs
• Part D, which is your prescription drug plan

In order to qualify for Medicare, you must be a U.S. citizen or permanent resident who has been living in the United States for five continuous years prior to the month that you file an application for Medicare. You can also be eligible for Medicare if you are disabled or have End-Stage Renal Disease.

Suppose you have been receiving Social Security or Railroad Retirement Benefits for at least four months before becoming eligible for Medicare. In that case, you are automatically enrolled in both Medicare Parts A & B and may not be required to pay a monthly premium for your insurance.

Medicare Advantage Plans, also known as Medigap plans, are desirable by those who know that they will have higher medical costs due to their medical history. These Medicare Part C plans are not available in all areas, so speaking to a licensed insurance agent can help you find the right plan for you.

Who can I talk to about my different options?

There are many different plans offered by major health insurance corporations such as Aetna, Cigna, UnitedHealthcare, and Blue Cross Blue Shield. So which one is the best one? That will depend on your health, your preferences, whether or not you want to stick with doctors you have already been seeing, and what plans are available in your local area. You can read more here to learn about options available to individuals in the state of Arizona

The post Do I need to be on Social Security to get Medicare coverage? appeared first on Legal Desire Media and Insights.

If you have found yourself in this situation, you may be able to make a medical malpractice claim. However, you may need to prove the following information first:

You Had a Doctor-Patient Relationship

After making an appointment for a free case review with a Miami medical malpractice attorney, you will likely need to explain your version of events so your chosen lawyer can plan what to do next.

During this discussion, they may discuss the basic requirements for medical malpractice claims, one of which is whether you had a doctor-patient relationship. To file a claim, part of the medical law dictates that the doctor must be seeing and treating you when the claimed malpractice occurred.

Fortunately, this can be easy enough to prove through viewing clinician files and appointment records.

Your Doctor Was Negligent

Proving a doctor was negligent can be complicated. The defense often states that you were simply unhappy with the treatment and results rather than the doctor actually being negligent.

You must prove that the doctor’s actions, diagnosis, or treatment caused you harm in some way and that another doctor in the same position wouldn’t have.

A simple example of this might be if a doctor used a knife from the staff kitchen to perform a surgical cut rather than a surgeon’s scalpel, and the wound became infected. Another medical professional in the same position wouldn’t have acted in the same way.

Often, medical experts are brought into the case to discuss the medical standard of care and whether the doctor followed it.

You Were Injured Due to a Doctor’s Negligence

When you visit a medical clinic or hospital for an illness or injury and subsequently file a medical malpractice claim, you must prove that it wasn’t your injury or illness that caused your harm but, instead, the doctor.

This is not always straightforward, particularly in cases involving cancer and other life-threatening conditions where the outcome may have been the same. However, if, for example, you visited a hospital for a broken arm and a doctor dropped something on your foot and broke it, this might be the doctor’s negligence.

Your Injury Led to Damages

You can only bring forward a medical malpractice claim if the doctor’s actions caused you harm. They may not have always performed to the expected industry standards, but patients can’t sue if they weren’t hurt.

However, if a doctor’s actions did cause you harm, you may be able to sue for pain, mental anguish, medical bills, lost work and lost earning capacity. Your lawyer may also be able to fight for your right to special damages and punitive damages if the case is severe enough to call for it.

As daunting as it can be to contact a medical malpractice attorney, it can be necessary to cover any costs associated with a medical professional’s negligence. Once you can prove these points above, you may be able to receive compensation for the harm they caused you.

The post How to Prove that Medical Malpractice Occurred appeared first on Legal Desire Media and Insights.

You have to ideate the facts in the correct order to make things happen in your favor. But, unfortunately, most of the time today, medical professionals deviate from their standard medical practices. So you need to make sure whether you know the elements of medical malpractice or not.

Essential Elements That Build A Successful Medical Malpractice Case   

You need to take care of several factors while making the medical malpractice case stand in your favor. First, there are certain essential elements of medical malpractice that require legal attention.

1. Wrong Diagnosis  

When someone goes for a medical diagnosis or goes to the hospital and the medical room, the first step is the admittance of the diagnosis. It is essential to provide medical care to the patient now. If the doctor does not give the patient the correct medical treatment, he will be held responsible for this fact.

You need to make the right selection of time correctly to achieve your goals in the best possible ways to make things happen in your favor. You can visit this site to view more about how these types of ignorance can build medical malpractice cases.

2. Delay In Diagnosis   

A delay in the diagnosis can lead to medical malpractice, and you can consider it as another element that gives rise to the scope of the medical practice case. They must be diagnosed reasonably in a timely fashion.

A delay in the diagnosis can lead to undue injury for the pa. Moreover, the injuries can be left, further worsening the situation, another element of medical malpractice. Therefore, you need to make your choices in the correct order as it reduces the chances of the patient’s recovery.

3. Error In Surgery   

Surgical errors can create a significant impact on the patient’s body. Therefore, it must be done with due care. Even the slightest of mistakes can make a substantial impact on the body of the patient.

You can make your choices in the correct order to make things happen in your favor. The wrong-site surgery, laceration, any internal organ, and severe blood loss can lead to the error in the surgery. You need to make your choices properly to achieve your goals in the best possible way.

4. Unnecessary Surgery    

Unnecessary surgery is unusually associated with the inappropriate diagnosis of the patients. There are certain times where the surgery is chosen over the conventional forms of the treatments. You can expect the practicality and the ease can be compared with the alternatives.

You need to ideate the facts correctly to achieve your goals for escalating a medical malpractice case, as it is one of the grave issues you need to address. Unfortunately, conventional treatment is considered over the alternatives.

5. Errors In The Correct Administration Of Anesthesia 

Anesthesia is another difficult part of the medical operation. If the anesthesia is not done correctly, you have to make your choices in the right direction to achieve your goals in the best possible manner. Therefore, anesthesia malpractice is another element that can lead to a successful medical malpractice case.

You can seek the assistance of the best medical practitioner to help you achieve your goals in the correct order at the right point in time. You need to make your choices properly to achieve your goals in the best possible manner to lead to a better option.

6. Long Term Negligent Treatment  

Medical negligence can lead to long-term treatment throughout a particular disease and can cause the death of a person. You need to ideate the facts correctly to achieve your goals in the best possible manner. You have to make things happen in the correct order to complete your objectives appropriately.

You need to monitor the effects of the treatment properly to achieve your goals in the correct order. You must not make your choices in grey while developing our medical malpractice case on this matter.

7. Childbirth And Labor Malpractice   

Childbirth and labor malpractice are serious issues that can lead to medical malpractice cases against the doctor or the medical practitioner. Therefore, you need to ideate these facts in the correct order to achieve your goals in the best possible ways to make things happen in your favor.

You have to make your choices in the correct order to achieve your goals in the proper order to make things happen in your favor. Careless treatment of childbirth can lead to medical malpractice cases to improve your condition.

Why Medical Malpractice Is A Grave Issue? 

The negligent behavior of the doctor and the medical practitioner can lead to the death of the patient. Therefore, the doctor needs to take care of these facts while handling the medical care for the patients; otherwise, it can lead to a long-term medical disorder for the patient in the long run.

You need to ideate the facts correctly to achieve your goals in the best possible manner to make things happen in the wrong way. The more you can think positively in this regard, the better you can achieve your objectives. For example, you need to ideate the facts properly to attain your compensation for legal requirements.

Final Words

These are some of the elements for building the medical malpractice case in the correct order. First, you need to consider the facts while you want to avoid the scope of risk medical malpractice incidents. Second, you have to make your choices correctly to achieve your objectives in the best possible manner. Third, you need to make your choices in the proper method to achieve your goals in the best possible ways.

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What Is a Nursing Home Complaint

A nursing home complaint is a formal legal process that has been set up to allow nursing home patients and their families to complain about the nursing homes. The objections can be filed against nursing homes, nursing home administrators, nursing personnel, or any nursing home staff members. Complaints are submitted in writing and reviewed by a state regulatory agency before they are approved for investigation.

Who and What Can You Complain About

Nurses, nursing assistants, and nursing care providers (among others) might be criminally charged with abuse, neglect, or exploitation of nursing home patients if complaints of such behaviors are found valid after investigation.

You have the right to register a complaint regarding abuse, neglect, or any other issue that is protected by the law. File a complaint concerning any number of issues, including violations of legal rights, inadequate care, insufficient staffing, unsafe facilities, abuse, inappropriate charges, concerns about transfer or discharge, and a refusal to readmit a resident after a hospital stay.

Considerations Before Filing a Complaint

When presented with worries about the care of an elderly loved one, the best thing to do first is to talk with someone who can address the issue. This could be as simple as making contact and sending over a phone call or email to resolve the situation without much fuss.

Facilities are required to have a process in place for dealing with complaints concerning resident/patient care. Although it is not mandatory to file a complaint with the institution directly, voice any concerns to the facility’s administration. Typically, the institution will quickly respond to your complaints and provide you with information on the facility’s complaint/grievance procedures.

If those don’t work out, then gather all of your family members along with nursing staff like physical therapists for assistance on how you can make sure that they’ll have everything taken care of going forward while still accommodating their needs into consideration.

How To File a Nursing Home Complaint

If the nursing facility where your elderly loved one is residing is not responsive or if it is a severe issue that cannot be resolved internally, file a nursing home complaint with your state licensing agency or the federal government by following these steps:

-Call your state’s licensing agency or your state’s long-term care ombudsman and file an official complaint with them on their website or by phone.

-You can also submit a complaint online with the federal government through its Nursing Home Resident Safety Toolkit.

-If your nursing home is not licensed, filing a nursing home complaint may be useless and you should move on to another nursing facility that will meet your needs better. If you are the only person with a nursing home complaint, it is better to file your nursing home complaint privately.

-You can contact a government agency, and they will provide you with information on how to submit complaints about nursing homes or other health care providers. Specific agencies include:

The Centers for Medicare & Medicaid Services (CMS)

The Joint Commission on Accreditation of Healthcare Organization (JCAHO)

Office for Civil Rights, U.S. Department of Health and Human Services

You may also file a complaint with your local long-term care ombudsman. They help handle complaints at higher levels in regulatory organizations, which will depend on how serious your concern is. Although ombudsmen lack enforcement authority, they can submit cases to the state’s health department, which regulates nursing homes, adult protective services, the police, and the courts.

If you feel like there has been a violation of legal rights and protections, you may also file a lawsuit against the nursing facility, nursing care providers, or other parties involved. Ensure to consult with a nursing home negligence attorney who has nursing home abuse experience. It is always better to approach a nursing home negligence lawyer who specializes in such complaints. They know how to handle the authorities and have the requisite experience in dealing with such situations.

Do Not Delay Your Nursing Home Complaint

If you suspect that your loved one has been mistreated while residing in a nursing home, contact an attorney immediately. At Reddick Moss, PLLC, they are available 24/7. They have impressive case results and have recovered over $500 million for their nursing home neglect and elder abuse clients. There is no time like now for taking action as soon as possible! Fill out their free consultation form online. They’re available 24 hours a day to answer any questions and help with whatever needs arise during this challenging time in your life. Call today at 1-877-326-3159!

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If you or a loved one have been involved in a car accident, and have no idea who to call when you get injured, the best thing to do is speak with a lawyer. If you wait too long before consulting one, especially if the accident involved serious injuries or property damage, then you may lose out on your legal options.

How do you know when you need the help of an attorney after a car accident? Here are common situations where you need the help of a car accident attorney to help you navigate your way through insurance claims and settlements.

Pursuing a legal claim

Filing a claim with the insurance company or court involves multiple legal procedures that not everyone is equipped to handle. An experienced lawyer has substantial experience and knowledge of the laws surrounding car accidents. They know how to navigate the statute of limitations and the procedures in filing a lawsuit in court or pursuing a legal claim with the insurance company.

Having a seasoned car accident attorney at your side will also make insurance companies take you more seriously and be more amenable to settlement.

Providing evidence

Car accident cases need to secure and organize lots of evidence to illustrate who caused the accident and the amount of damages that you’re entitled to be compensated for. If you don’t have the time to provide these or are too injured to do so, a car accident lawyer will have the resources to gather evidence, talk to witnesses, and pick out which ones will strongly back up your claim.

Negotiating an insurance settlement

When an insurance company offers you a sum to settle your claim, which will depend on whether you’re living in a fault-based or no-fault state, you need to call a lawyer immediately. You should not agree to settle and should not sign any agreements without consulting a lawyer first. A car accident lawyer will know how much you ought to be compensated, and an insurance company offering money first is a well-known tactic of saving some money.

The time-consuming work of negotiating an insurance settlement can be quickly taken care of by an attorney. They will organize the evidence to strengthen a settlement demand letter for the insurance company. If you’ve reached a deadlock in the settlement, then they can go ahead and file the required paperwork to start a court case.

Communicating with insurance companies

It can be challenging to understand the complex relationship between your auto insurance policies and health insurance policies. It’s even more cumbersome if you’ve sustained severe personal injuries in a car accident and necessary medical tests are denied or delayed by your insurance company.

Some victims may also not be aware of insurance carriers not paying for reimbursable medical and property expenses. As a victim, you can significantly benefit from getting a car accident attorney and asking which company pays for injuries or damages.

Avoiding legal missteps

When dealing with medical bills, lost wages, property damage costs, and other expenses, it’s important to remember that insurance companies are not on your side. However, car accident attorneys will advocate for your best interests until the end. It’s essential to have a professional lawyer guiding you throughout asking for compensation to avoid legal missteps that will affect your case.

Several issues can alter your compensation, which insurance companies will play upon, especially if you don’t have solid legal protection. A lawyer will consider all possible options and solutions to improve your claim and negotiating position and maximize your compensation.

Takeaway

There are no drawbacks to talking to a lawyer, especially if they offer a free initial consultation to discuss your case. In a car accident, you’re up against the insurance company and not the at-fault driver. This puts you in a vulnerable position, which can be completely taken advantage of without the legal protection of a car accident attorney. If you’ve been involved in a car accident, your best bet in getting through it in one piece is calling for a lawyer immediately.

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The NHS now receives thousands of medical negligence claims each year in relation to topics such as maternity, surgery and cancer diagnosis. A new scheme has also been setup this year to handle patient claims relating to the coronavirus outbreak.

So how did we get here? Below, we highlight two monumental cases in the history of medical negligence law in the UK.

Establishing a duty of care

Up until the early 20th century, the only way to claim compensation for negligence was through contract law. Doing so was easier in relation to products than it was the relationship between a medical professional and their patient, until the Donoghue v Stevenson case of 1932 helped establish duty of care.

Mrs Donoghue contracted a severe case of gastroenteritis after consuming a bottle of ginger beer with a decomposing snail inside. Her case was eventually heard by the House of Lords, who judged that the manufacturer had a duty of care to not cause injury to their customers.  

While the case related more closely to personal injury, its implications were also significant for medical professionals and their responsibilities towards patients.    

Bolam vs Friern Hospital Management Committee

Another case some 25 years later became crucial in highlighting why the evidence of medical experts is highly important in deciding whether negligence has occurred. 

Mr Bolam made a claim against the Friern Hospital Management Committee in 1957 after he had undergone voluntary electro-convulsive therapy. The controversial treatment caused Mr Bolam to flail around to such a degree that he fell from his table and severely injured his pelvis. He argued that he should have been given relaxants, restrained by the doctors and warned about the risks of the treatment beforehand. 

After hearing information from medical professional witnesses, the jury decided that no negligence had taken place. Muscle relaxants were not favoured in the profession, while retaining patients was also potentially dangerous. It was also common not to warn patients of risks when the level of risk was relatively low.   

Implications of the Bolam Test

‘The Bolam test’, derived from Mr Bolam’s case, was fundamental in shaping modern clinical negligence law and how negligence must be judged by fellow medical professionals, not judges. 

Today patients must prove that their care fell below reasonably expected standards and that their injury or illness was a direct result. As part of this process, claimants need to collect a medical report from an independent medical professional to judge whether anything could or should have been done differently.  

Medical negligence law remains an area of intense debate, so further legal shifts could well be on the horizon in a period of increased NHS activity.  

The post The history of medical negligence in the UK appeared first on Legal Desire Media and Insights.

Unorganised Sector has been, in entirety, defined in “Report on Conditions of Work and Promotion of Livelihoods in the Unorganised Sector, September 2007”^[1] by the National Commission for Enterprises in the Unorganised Sector (NCEUS) as, “the unorganised sector consists of all unincorporated private enterprises owned by individuals or households engaged in the sale and production of goods and services operated on a proprietary or partnership basis and with less than ten total workers”.

Generally, the terms “unorganised sector” and “informal sector” are used interchangeably.

There has been the absence of reliable statistics on the size, distribution or contribution to the economy, the unorganized sector has always remained a poorly understood and grossly neglected area. According to the report of the Economic Survey released in 2019, the unorganized sector accounts for 93% of the total workforce of the country.^[2]

The ‘Report of the Committee on Unorganised Sector Statistics’ of the National Statistical Commission (NSC), 2012 states that the informal sector constitutes 93% of the overall workforce and contributes 50% towards the Gross National Product (GNP)^[3].

It is a well-known fact that the unorganized sector has a big hand in running the country’s economy, yet there has not been concrete provision to protect it from time immemorial and yet, such a large workforce lacks clear legal protections.

In pursuance of the necessity, the legislation came up with the Social Security Code with an objective of consolidating all social security laws (which are already implemented) with a view to providing social security to all employees and workers, either in organised or unorganised sectors, gig workers and platform workers.

The research aims to analyse the provisions and rules of maternity benefits as guaranteed under the Social Security Code, 2020 in India.

Need Due to the Disruption

The necessity to protect the maternity rights of female workers was recognised by the legislation a long time back. The laws related to maternity benefits have been introduced with the aim to regulate the employment of women at certain periods (before and after childbirth).

It was first introduced in 1961; the Maternity Benefit Act, 1961. The objective of the Act was: “to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.”

Stand of Protection of Maternity Benefits recognised in International Customary Law and Convention

Article 23 of the Universal Declaration of Human Rights, 1948^[4] states that

1. “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.”

The said customary law indirectly infers the necessity of providing such benefits and thereto protecting them further.

On the Global front, the standardised regulations regarding maternity benefits have been established under the Maternity Protection Convention, 2000 (No. 183) after the replacement of its first Maternity Protection Convention in 1919 (No. 3) and Maternity Protection at the Workplace, 1952 (No. 103) and also the adoption of Maternity Protection Recommendation, 2000 (No. 191). Also, during the 92nd International Labour Conference in 2004, International Labour Organisation member states adopted resolutions relevant to extending maternity protection access and promoting work-life balance in its entirety. India is a founding member of ILO.

Stand under the Constitution of India

Article 42 of the Constitution of India contains the directive that the State shall make provision for securing just and humane conditions of work and maternity benefits.

Furthermore, on comparative lines, in order to regulate the employment of women in certain establishments for specific periods before and after childbirth and to accommodate for maternity benefits and certain other benefits, the Indian Parliament enacted the Maternity Benefit Act, 1961. The Maternity Benefit Act, 1961 was enacted keeping in view not only all those legislations related to maternity that existed from the pre-Constitution days, but also ILO’s mandate regarding maternity protection (ILO Maternity Protection Convention, 1952- No. 103).

Is Objective getting Fulfilled?

The Code on Social Security, 2020 has been passed by both Houses and has already received Presidential assent on September 28, 2020, but it is yet to be implemented.

As we have known, the main objective of the introduction of the Social Security Code, 2020 was to consolidate laws to all employees, but the major question which arises is whether the maternity interests of the female workers are getting protected or not.

Hence, for the same let’s analyse the provisions of the Code related to Maternity Benefits.

Chapter VI of the Code 2020 recognises the aspect of Maternity Benefits.

The Code has been proposed with an intention to subsume a few of the Central Labour Law Acts under the garb of ‘simplifying and rationalising’ the said provisions.

The very well intention behind the consolidation of laws into the self-contained and exhaustive Code on Social Security is extending the ambit and expansion of welfare to the workers fraternity.

But when examining the provisions set under the Code related to maternity benefits set out under Chapter VI of the Code, the intention cannot be wholly covered.

Maternity Benefits- Not mere a Legal Responsibility but a Social Responsibility

Providing maternity benefits to every woman worker is the paramount social responsibility of the government and the employer. But it is quite evident in India that the generous maternity benefits grant benefits to just 1% of the women workers as a whole. Ensuring maternity benefits is a universal cry. This is essential to ensure the upliftment and empowerment of women and gender equality. The 98th International Labour Conference held in June 2009 even acknowledged that the strengthening of maternity protection is the key to gender equality at workplace, whilst keeping in mind the application of ILO Convention on Maternity Protection (No. 183) which promotes and gives utmost priority to equality of all women in the workforce and the health and safety of the mother and child.

The Missing Aspects: Analysis of Chapter VI of the Code and in furtherance Recommendations

The government seems to have overlooked the recommendation of the Sixth Central Pay Commission^[5] and has left out a majority of the workforce that works in the unorganized sector; including labourers from the agriculture sector, seasonal workers, domestic workers or construction workers.

With over 90% of working women class in the informal sector, only few of them are even within the purview of the Act. While the Unorganised Workers’ Social Security Act, passed in 2008, includes maternity benefits as one of the entitlements for the unorganised, no wage-linked scheme for such purpose has yet been notified by the Government. The Janani Suraksha Yojana has been notified under this Act, but the same is a mere incentive for institutional delivery and nothing more.

The only entitlement currently available for all women is specified under the National Food Security Act, which promises a benefit of drawing Rs. 6,000 to all pregnant and lactating women. In the Code, there is no such mentioning of the sufferings of the informal sector women faces due to an implicit high workload, resulting in an increase of cases of illness and chances of miscarriage.

The Code even fails to universalise the ambit of payment of maternity benefit. Until and unless maternity benefits are universalized by way of the appropriate provision in the Code, a majority of women who work in the informal sector would be excluded from its purview. Hence, it is recommended that requisite amendments should be made to give universal coverage of maternity benefits to all women workers including those working in the unorganised/informal sector.

Payment of maternity benefits to every woman worker should be ensured. The existing Maternity Benefit Act is quite a generous one. This may be amended to incorporate all the women workers including the agricultural workers. But subsuming the Act in the Code, the Code does not spell out anything clearly. The Code should incorporate infrastructure, institutional mechanism and budgetary allocation to ensure the fulfilment of social commitment.

The Code also seems to miss out the opportunity to introduce paternity leave and possibly a chance to spread the message that the responsibility of running a family should be of both the parents.

Clause 22 of the European Union (Directive of European Parliament, 2019) specifies the need for maternity, paternity and parental benefits in case of a social security system opted by the establishments.^[6]

Countries such as the United Kingdom, Singapore, Sweden and Australia have realised the need of the hour and thereby introduced various other categories of leaves relating to childbirth, like parental leave, family leave etc. in order to provide the leave benefits to both parents, and thereby helping them to have a balance between their careers and personal life and also ensuring that the child’s proper care and attention from both the parents in his/her initial years of development. Although the steps taken by the government are commendable, the government has missed out this opportunity to catch up with such requirements. Hence, under Clause 60 of the Code, it is recommended that paternity leave as per the guidelines should also be included in the provision.

Appropriate provisions should be incorporated in the Code to ensure six months paid leave to every woman worker for childbirth. For the women of the unorganised sector where there are multiple employers; the government, central or state, as the case may be, should make payments equal to such wage rate in the respective industry through the unorganised sector welfare board. And in States, where there are no boards, the payment should be made through the Ministry of Labour.

In most of countries, the cost related to providing such benefits is entirely borne by the government and/or shared by both government and employer as per the social security schemes provided. But it is not the case in India, where the wages during the maternity leaves are borne by the employer only (with a mere exception under the ESI Act). There is also a requirement of having a crèche facility, etc., which would, in turn, require employers to establish adequate infrastructure thus prompting more inquiries and more expenses. Hence, there is need of an explicit provision citing the regulations regarding the bearer of such expenses, shared by both government and employer. Or explicitly mention the allowance of shared crèche with other establishments, where maintaining a separate crèche would not be practicable or economically feasible for the employer.

The Code under Clause 59 (3) does prohibit “work of arduous nature” done by any woman during the prescribed period before the date of expected delivery. But the same has not been defined, as to what is considered under the ambit of “work of arduous nature”.

Hence, there is a need for a specific and unambiguous definition of “work of arduous nature” in order to establish “arduousness” so that employers can be held accountable for risk work as women workers especially in the informal sector are often engaged in hazardous and risky forms of work and also in order to ensure its proper and uniform interpretation in the Code.

Conclusion

Definitely, adoption of such benefits is a boon to society.

But any Law enforceable has become meaningful only through its effective enforcement and particularly, in case of labour laws, periodic inspection and/or inspection on receipt of complaint is the life line of enforcement. The effective application of the relevant provision through the system of labour inspection has been surpassed in this Code. Hence, the entire approach is to make the law efficiently enforceable in order to protect the workers’ interests.

References: 

^[1] https://msme.gov.in/sites/default/files/Condition_of_workers_sep_2007.pdf

^[2] https://pib.gov.in/newsite/PrintRelease.aspx?relid=191213

^[3]http://14.139.60.153/bitstream/123456789/2848/1/Report%20of%20the%20Committee%20on%20Unorganised%20Sector%20Satatistics.pdf

^[4] https://www.un.org/en/about-us/universal-declaration-of-human-rights

^[5] https://doe.gov.in/sites/default/files/6cpchighlights%281%29%281%29.pdf

^[6] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L1152&rid=3

The post A Step in the Right Direction?: Critical Analysis of Maternity Benefits as guaranteed under the Social Security Code, 2020 in India appeared first on Legal Desire Media and Insights.

Unfortunately, hiring an attorney isn’t a guarantee that you’ll get the money you need to support you and your family while you recover. Not all lawyers are created equal, and if you’re unlucky, you may find yourself with a dud.

Switching lawyers can be expensive and annoying, so you want to make sure you’re making the right decision. What are some of the signs that you should look for a new attorney? They include:

• They aren’t doing everything they can
• Communication is a nightmare
• They are incompetent
• They are dishonest
• You just aren’t comfortable

They Aren’t Doing Everything They Can

There’s a reason why you hire a lawyer to help you. The law is complex and confusing, but it also means there are a lot of things your attorney can do to help your case and make you comfortable during the process. For example, did you know in some states you can collect pretrial interest? This would enable you to get some of the money you deserve while you wait for a verdict in your case. That can be a lifesaver if your case takes years to be resolved!

You can also know about lawyers’ practice areas and their experience by reaching out to their customers. For instance, reading through realjustice.com, you can gain insights of their previous clientage. It’s your lawyer’s job to surprise you with their knowledge. If they aren’t doing everything they can and instead you feel like you could easily do the job they’re doing, it’s time to look for a new attorney.

Communication is a Nightmare

You have to be able to communicate with your attorney. For example, if you can’t ever seem to get a hold of them on the phone, or you have tried emailing them multiple times, but it takes them days or even weeks to get back, you need a new lawyer.

The quality of your communication matters too. If your attorney seems rude, dismissive, distracted, or tries to get you off the phone as fast as possible when you’re trying to talk about your case, you would probably find communicating with someone else a lot more pleasant.

They Are Incompetent

Lawyers have to pass the bar, but that doesn’t automatically qualify them to work on your case. There are many fields of law an attorney is licensed to do, but doing them all means not doing any of them very well.

For example, if your attorney does personal injury law, but they also take care of bankruptcy and divorce cases without enough staff to cover so many categories of law, they probably aren’t going to have the expertise you’re looking for.

They Are Dishonest

Lawyers have a reputation for being dishonest, but that doesn’t mean they all are. There are plenty of honest attorneys out there, so there’s no need to work with one who isn’t.

An attorney should never be willing to go along with fraud of any kind, which is important in a personal injury case. They should never make suggestions that seem shady, like exaggerating your symptoms, and they should never lie to you about your case. If your attorney does any of these things, even if they seem like they are done in your best interest, you should find an attorney with a better reputation.

You Just Aren’t Comfortable

Sometimes there isn’t a cut and dry reason why you don’t like your attorney. They may seem competent, communicative, and honest, but you still have a weird feeling every time you talk.

Listen to your intuition. Chances are, it’s telling you something about your attorney that you can’t put your finger on, but it’s there nonetheless.

Even if it turns out there’s nothing wrong with your attorney, the fact is you still have to talk to them on a regular basis. If you dread working with your attorney, no matter what the reason, you’ll undoubtedly feel better if you find someone you actually enjoy talking to.

An attorney can really help you in a personal injury case, but that doesn’t mean any attorney will do. There’s a chance you may realize that you’ve hired the wrong person for the job. It’s not too late! Look out for these signs so you can feel confident letting your current attorney go so you can hire a new one.

The post Five Signs It’s Time to Look For a New Personal Injury Lawyer appeared first on Legal Desire Media and Insights.