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April 2017 Archives

Understanding Medical Malpractice

UnderstandingMedicalMalpractice.jpgIf a patient is harmed by a doctor, nurse, or other medical professional who does not provide the proper health care treatment, then this is medical malpractice. More often than not, this does not happen. There are several common cases that make up the bulk of medical malpractice court cases. It is important to understand that just because a patient is unhappy with a course of treatment that a doctor decided to go with, this does not mean medical malpractice occurred. Even if a doctor makes a mistake, this does not mean that medical malpractice occurred.
In order for an incident to be consider medical malpractice the doctor or medical professional must have been negligent in the situation. This means that the doctor was not reasonably skillful or competent. This competence lead in the patient being injured or harmed in some way.
A large percentage of medical malpractice cases or complaints are due to misdiagnosis or a delayed diagnosis. Due to this a patient might have missed treatment opportunities that could have prevented harm to them or could have even prevented death. For these cases an individual would have to compare what the doctor treating them did to how other competent and professional doctors would have treated you. In these situations the key is to compare what your doctor did or didn't do to someone who specializes in the medical assistance and treatment that you would have needed.
Another number of medical malpractice claims occur during childbirth. If a childbirth injury had occurred due to negligence from a doctor, nurse, or medical professional, then this could be a medical malpractice case. Some of the injuries that are included in a scenario like this are brain injuries (cerebral palsy or seizure disorders), fractured bones, and nerve damage that impaired the child from controlling the arms and hands. This medical professional malpractice could have occurred before the childbirth during prenatal care or during the childbirth. 

Getting a Green Card For Your Family Member

GettingAGreenCardForYourFamilyMember.jpgThere are many people in the U.S. who have family members living in other countries. Some of these people want to help their other family members to live in the U.S. This is not a simple task though. It is a common myth that if one immigrant settles in the U.S. then they can easily get the rest of their family green cards. This is not true, getting a green card has become a lot more limited and complex over the years.
If you want to help your family member to immigrate to the U.S., you can do something. If you are a U.S. citizen or permanent resident, you can petition for your family member to come here. There are only specific members of your family that you are able to petition for though. They must be an immediate relatives or a preference relatives.
A preference relative is an immigration term for certain people who could be eligible for a green card based on their family relations. These individuals include the married children of U.S. citizens, children over 21 years of age of U.S. citizens, the spouses or children of U.S. green card holders, and brothers and sisters of U.S. citizens where the U.S. citizen is over 21 years of age. 

Power Of Attorney For Business

PowerOfAttorneyForBusiness.jpgActing as an agent of a power of attorney gives you the responsibility to make decisions on behave of another person. How much power you have to make decisions on this person's behave all depends on the nature and scope of the power of attorney. This may include making health decisions, business decisions, managing this individual's finances, selling property, or more.
If you are individual that wants someone to be an agent, but you only want them to handle a specific aspect if you become unable to make your own decisions, then a special power of attorney will allow that. You can specify exactly what powers that this agent can exercise.
If you want this individual to have broad powers, for example the ability to hire or fire someone, then you will want to obtain a general power of attorney document.
When you assign someone as an agent for a power of attorney, you must sign and notarize the original document. You must certify several copies, and bring these copies to the bank or other businesses in order for this individual to exercise their power. 

Understanding Your Rights: Can You Be Searched Without A Warrant?

UnderstandingYourRightsCanYouBeSearchedWithoutAWarrant.jpgIf you are a fan of Law and Order, you would know that in many of the story lines, obtaining a warrant for search and seizure is a sticky situation and popular drama. Many people may question how it works in real life. We have all heard stories of police that did not have a warrant , but still did a search and seizure. Here is what you need to know in order to protect yourself and have a proper understanding of your rights.
If you are familiar with the U.S. Constitution, then you would know that the Fourth Amendment protects citizens from unreasonable searches and seizures. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
In Order for a police officer to search your home or property, they must have written permission from court. This gives them the legal right to search for evidence while investigating a criminal case. If a police officer were to obtain evidence through an illegal search, this makes the evidence not admissible in court. There are many people who are unaware of this rule or of their Fourth Amendment rights. This can put these individuals in a situation where they are not properly protecting themselves against the law. There are times that the police can search an individual legally without a warrant. This is if there is a probable cause or if the individual gives consent. 

Understanding Criminal Defense Law

UnderstandingCriminalDefenseLaw.jpgCriminal defense is legal protection provided to individuals accused of committing a crime. Those who are accused are considered innocent until they are proven guilty. They will have the chance to appear in court to defend themselves in this situation. It is highly recommended that this person gets a criminal law attorney to defend and support their case. Evidence that is used against those accused of crime is physical evidence left at the scene of the crime, witness statements, confessions, and drug or alcohol tests if those apply. Police force is not able to unreasonable search someone's home, car, etc for evidence. They need a real, legal reason to do this.
After an arrest, the first thing that a defendant will want to do is get out of jail. If a defendant is in jail it will become more difficult for an attorney to help them with their case. Jail also provides the inconvenience of not allowing the defendant to work in order to obtain money to help their case by hiring a good defense lawyer. In order to get out of jail you are going to need to post bail or have someone you know post bail for you on your behalf. This bail money is also a sign that the defendant will be going to future court dates and will be proceeding accordingly. If the defendant does not show then this money is forfeited. If you cannot afford bail a judge can either agree to reduce bail or you can use a commercial bond service.

Legal Issues Facing Brokers

LegalIssuesFacingBrokers.jpgIn real estate, it is common to for there to be some legal pitfalls. This will result in lawsuits between buyers and sellers against their broker or agent. This can occur because of misrepresentation, nondisclosure of property conditions, breach of duty, unlawful discrimination, or for other reasons. Although these real estate cases are very common, it is estimated that 75% of real estate license holders are usually found not liable. There are some cases that are more common than others, and there are plenty of ways to prevent situations like these from happening.
According to statistics, 57% of these lawsuits are due to misrepresentation. 12% of these cases are due to a similar situation. Misrepresentation means that there was some information or feature of a property that was misstated or not revealed. Usually it is common for information in regards to the foundation or structural features of the property to be wrong or misconstrued. Although this is one of the most common aspects that are misrepresented, there are plenty of others such as property boundaries, roof problems, or the finding of termites. Misrepresentation can fall under 3 categories. These categories are innocent, negligent, or fraudulent. Negligent means that the failure to disclose information was due to ignorance. Fraudulent refers to a scenario in which a feature of the property is purposely hidden. To avoid a situation like this, you will definitely want to make sure you never make predictions. Document the seller's sources of information and encourage others to use inspectors or attorneys.
Another common lawsuit that usually occurs is when there is a problem with the agency or a breach of fiduciary duty. This means that a problem will usually happen with a transaction which leaves one party seeking legal advice. To avoid a problem like this, it is important to know your state's laws. When speaking to a broker you will definitely want to know what their exact duties are and what you can expect. The use of agency disclosure forms will definitely be of assistance.
If a seller does not want to sell their home to someone based on their race, background, sexuality, or for a reason similar, this becomes a fair housing violation. This does not occur often, but can be a very costly judgement. A model equal services report form is a strong tool that is used against a claim of discrimination. Again it is important to make sure that you are educated on the fair housing laws. 

What You Need To Know About Alimony

WhatYouNeedToKnowAboutAlimony.jpgThe divorce rate is around 50%. Although the divorce rate is high, not many people go out of their way to inform themselves on what would happen if they were to have a divorce. The reality is that many couples do not consider these aspects until they are going through the divorce themselves. Alimony payments are also known as spousal support. If you are earning substantially more money than your spouse, there is a good chance that you might potentially be ordered to pay some alimony. Alimony is usually awarded to long marriages, and less often short marriages. Alimony is also not usually awarded if you and your spouse earn around the same amount.
If you do have to pay alimony, you will have to pay this amount until one or more of the following factors occur. Usually a date will be set by the judge for several years in the future. This is usually an indication of when the alimony could end. Other factors that can change the circumstances is if your former spouse remarries, your children no longer need a full-time parent, some significant event such as retirement occurs, one of you passes away, or if a judge allows time to go on and sees that your spouse is not trying to be self-supporting or sufficient.
If you and your spouse are on good terms, and able to come up with an amount that you both agree on, then this would possibly be the best option for you. If you cannot agree on an amount then court will make the decision. This means that there will be a trial and it will cost both of you time and money. 

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