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A Case of Improper Treatment Resulting to Patient Death

After being admitted in a hospital due to second and third degree burns on his buttocks and heels, the patient, who was 88-year old, was placed on his stomach, without IV. Though a glass of water was available for his consumption, it was placed on a night stand that was out of his reach.

The position he was placed into caused him to regurgitated acid from his stomach, though he could not drink water even when he needed to. As a result, the acid from his stomach burned his esophagus. A couple more days and he was severely dehydrated and suffered organ failure until he lost his capability to talk or swallow anything. After nine days more, his body became too weak to continue bearing the severe suffering, making it impossible for him to still go on suffering.

The hospital and his doctor explained to the family that the man’s very weak condition (even upon admission) was what caused his death. Doubtful of what they were told, the family hired a lawyer and pursued legal action to get full disclosure. The medical board which investigated the 88-year old’s case found that the hospital was actually guilty of 26 different errors and these were actually what contributed to the old man’s suffering and eventual death.

Questioning a doctors’ judgment can be difficult. Though patients have all the right to do so, they worry that this may send a wrong message to the doctor, who may consider queries as lack or absence of trust. Patients should know, however, that even the best and very famous doctors commit mistakes and that, sometimes, these mistakes result to severe harm or patient death.

The case above point to one kind of medical malpractice: improper treatment. As different from wrong diagnosis, improper treatment implies correct diagnosis of a health complaint, thus, a doctor knows exactly what the patient’s health problem is; however, for whatever reason, this doctor provides the patient with the wrong treatment.

Improper treatment includes giving a patient the wrong dose of a drug, prescribing a drug to a patient despite such patient’s known allergy to such drug, delaying, rushing, or performing an unnecessary or a dangerous treatment, inadequate monitoring of a patient, and failing to take the necessary measures in order to prevent a disease.

In its website, the Habush Habush & Rottier, S.C. ®, law firm explains why medical professionals are held to strict performance standards – primarily due to the sensitive nature of their work which can result to severe harm of death in case of a mistake. Sadly, there are medical professionals who fail to live up to these standards and so cause patients undue suffering.

When a doctor, surgeon, or hospital administrator makes a mistake, they put their patients at an increased risk for illness and injury and, based on tort law, harmed patients are given the right to pursue legal action against liable parties to seek for damages resulting from the undue harm they have been made to suffer.

What Makes Salons and Salon Services Worth Going Back To

There are about 82,000 beauty salons in the U.S., which continuously find ways on how to be able to providing services aligned with the growing and ever changing needs and demands of clients. The hair care services industry is probably one type of business wherein even small companies can compete with large and already established ones and come out successful. For though large firms have the advantage in marketing capabilities that enable them to reach more clients, majority of the clients rather go to smaller salons due to their more favorable locations and delivery of high-quality service.

Besides the traditional haircutting service, many hair salons of today not only render services that include hair length reduction, hair styling, hair-coloring or tinting, permanents and shampooing, keratin/smoothing, and layering (all of these services apply to all genders from any age groups) but also other types or services such as facial treatment, deluxe nail (fingers and toes) care services, massage, tanning, bikini waxing, and various types of spa treatment; for male customers, besides haircut, there is also mustache and beard-trimming.

The secret of good salon service, based on studies, show, however, that what clients really want is for a salon to make them really feel good about making themselves look more beautiful. If a salon fails on this primary client need, then it can expect clients never to return for another service.

Beside making clients feel really good about the way they look, some salon, stylists, like the Houston hair stylists at Therapy Hair Studio, assure clients of precision cut and color, besides offering products that will allow them to keep their hair, or makeup, flawless until their next visit. Two exceptional products offered by some stylists are the Kevin Murphy hair care products and Kerastase’s Chronologiste, which makes the hair supple, shiny and incredibly soft besides giving it UV protection. Complements and great service that exceed client expectation: these are just a couple of what makes salons and salon services worth going back to.

Wrong Conviction: A Product of Bias and Overzealousness

The U.S. Drug Enforcement Agency (DEA) makes more than 30,000 drug-related arrests every year. These arrests are based on various drug-related activities, which include simple possession, sale of a controlled substance, drug manufacturing, possession with intent, drug trafficking, and drug conspiracy. Two bases of arrests frequently made by state or federal law enforcers are simple possession of illegal drugs and possession with intent.

Simple possession alleges that an individual has a controlled substance for his or her own personal use (illegal or controlled substance includes cocaine, heroin, marijuana and ecstasy, which is otherwise known as 3,4-methylenedioxymethamphetamine or simply MDMA. Heroin, marijuana and ecstasy are Schedule I drugs or drugs with no currently accepted medical use and have a high potential for abuse; cocaine, on the other hand, is a Schedule II drug or a type of illegal drug that has high potential for abuse, the use of which can potentially lead to severe psychological or physical dependence).

Possession with intent, on the other hand, which is a worse offense than simple possession, alleges that a person, who has illegal drugs in his/her possession, has intent to sell, distribute, deliver, or even manufacture the controlled substance. A charger that may supposedly just be simple possession can be elevated to possession with intent if the amount of drugs possessed is more than enough or too much for personal consumption. Also, the presence of some items, like small plastic bags, containers, and scales can most likely indicate that a person does have intent to sell. While simple possession may only be a misdemeanor, possession with intent is a felony.

Drug-related activities are punished with mandatory sentences, steep fines, and possibly many hours of community service, among others. A mandatory sentence refers to the penalties a court must hand down to a person convicted of certain offense. Felony offenses, under state law, are punishable by a mandatory minimum sentence of at least one year imprisonment. Class A felonies, which are the most serious of offenses under state law, carry a mandatory minimum of 15 years jail time. Mandatory minimum sentences, however, may be increased due to certain factors, such as prior convictions or aggravating factors.

Though arrested suspects in drug-related crimes are given the chance to defend themselves in court, actual court cases show and prove that many have been convicted of the crime they have been charged with due to certain biases or offer of to plea bargain, wherein an accused is promised minimum sentence if he/she will confess to the crime.

As explained by Ian Inglis Attorney at Law, wrongful arrests have also been made many times in the past due to the enormous emphasis which state and federal governments place on enforcing laws against the possession, sale, or manufacturing of illicit drugs. Thus, many of those accused of a crime find themselves facing potentially severe penalties for seemingly minor offenses.

On Criminal Conviction and Immigration Status

An arrest record – this is one major obstacle that stands between foreign nationals aspiring to acquire a U.S. visa and the acquisition of the visa itself. A U.S. visa is what will enable a hopeful immigrant to work and live in the United States, however, to make sure that no “inadmissible” applicants will set foot on U.S. soil (these are individuals may be or become threats to others or to the nation’s peace and order), government officials review visa and citizenship applications more strictly.

Section 212(a) of the Immigration and Nationality Act (I.N.A.), enumerates the different kinds of crimes, past immigration violations, and communicable diseases which are grounds for inadmissibility. In reference to crimes, a foreign national who may guilty of any of the following crimes will be rendered inadmissible, much more be denied of a green card; this is despite the absence of an actual court conviction:

  • Human trafficking, drug trafficking, prostitution, kidnapping, money laundering, profiting financially from human trafficking activities (this specific crime does not include children of traffickers), and multiple criminal convictions that is given a collective sentence of five years or more;
  • Aggravated felony, such as sexual abuse of a minor, rape, serious theft, money laundering and murder;
  • Crimes indicated in Section 101(a)(15)(B) of the US Immigration and Nationality Act (INA), but wherein the offender has declared immunity from prosecution, left the US, and refused to surrender to to the authority of a U.S. court; and,
  • A crime that involves moral turpitude and controlled substances (this crime includes possession of cocaine, marijuana or heroine). There are inconsistencies with regard to what “crimes involving moral turpitude” (CIMT) actually mean since interpretation of this is entrusted to courts. One sure common factor, though, is evil intent, which will surely put theft, fraud, murder and serious crimes of violence, in the list.

US immigration laws, however, have made some exceptions concerning CIMT and violations of laws on controlled substances, based on the following considerations:

  • The criminal was still a minor (under 18) when he/she committed the crime;
  • The crime was committed five (or more) years ago; and,
  • The person is no longer in jail or the penalty for the crime committed does not exceed a year and that the actual length of imprisonment does not go beyond six months (an exception called “petty offense”).

Whether one is a foreign national or a citizen in the U.S., Chicago criminal defense attorneys of the Bruno Law Offices, know that the effects of a criminal conviction can result to serious damages to his/her professional and personal reputation, affecting his/her future employment, international travels, and so many others (losses may be greater for foreign nationals, though, who are aspiring to immigrate in the U.S.).

Austin immigration attorneys also point out how having a criminal record can be a major challenge for visa applicants; this is besides the fact that immigrating and establishing citizenship in the U.S. is a long and difficult process. Despite these issues, a seasoned immigration attorney may be able to render valuable assistance with regard to immigration concerns, while a highly-skilled criminal defense lawyer may be able to provide the necessary help where applying for a “waiver” or legal forgiveness for the crime committed is the issue, especially if the crime was the applicant’s first offense.

Truck Accident: Coverage of the Compensation the Liable Party should Pay

The Federal Motor Carrier Safety Administration (FMCSA) requires the following from truck drivers:

  • Not operate their truck or any type of commercial vehicle within four hours of using alcohol;
  • Submit to a regular, random drug and alcohol testing (this is part of the FMCSA’s safety program); and,
  • Strictly observe the 0.04 percent blood-alcohol concentration limit, which is the BAC limit for drivers of commercial vehicles.

A semi-trailer’s length and weight make it necessary that it be operated only by a licensed commercial vehicle driver who, it is supposed, has received proper trainer, has developed the required skills and has passed the tests required by the Federal Motor Carrier Safety Administration (FMCSA). Despite all these qualifications, though, once on the road, many of these drivers lay aside the rules on safe driving in order to complete a job as fast as they can and get the chance to do another – all for a higher take home pay. What this means, however, is longer time on the road, little time of rest between driving duties and, at times, taking drugs or drinking alcohol during stops.

In a study conducted by the National Center for Biotechnology Information (NCBI), out of 91 long-distance truck drivers who were asked to answer a questionnaire which would assess incidences of alcohol and amphetamine use (amphetamine is an addictive, mood-altering synthetic drug, used illegally as a stimulant), 66% of the respondents admitted to having used the stimulant during their travels, while 91% admitted to having consumed alcohol.

Alcohol not only impairs a driver’s motor skills and mental capacity, but also affects his/her reaction time, perception, judgment, general ability to focus on the road, and coordination. The impairment it causes, which increases risks of accidents, injuries and deaths, is the major reason why alcohol-impaired driving is a considered a major traffic violation and why the law holds drunk drivers totally liable for any accident that may result from their imprudent decision to drink and drive.

According to Atlanta 18-wheeler accident attorneys of the Ausband & Dumont Law Firm, because commercial vehicles are significantly larger than other vehicles on the road, truck drivers must exercise extreme caution while operating their vehicles in an effort to reduce the possibility of an accident; however, many truck drivers consciously disregard the safety of others on roadways by driving intoxicated. Due to their careless and reckless behavior, despite their special training, skills and experience, many continue to cause fatal accidents.

In its website, the Sampson Law Firm explains that holding truck drivers or trucking companies responsible for the tragic outcome of accidents means pursuing legal action to seek compensation that should cover:

  • Medical expenses involving any operations or hospital stay;
  • Cost of prescription medication and rehabilitation;
  • Lost wages;
  • Pain and suffering; and,
  • Wrongful death of a loved one.

Drunk Driving Defense

Federal and state authorities, as well as non-profit organizations, like Mothers Against Drunk Driving (MADD) have never failed in pointing out the dangers associated with drunk driving, especially how this irresponsible behavior puts in great risk of a serious accident the drunk driver himself/herself and all other motorists (and even pedestrians) who are on the road.

Driving under the influence (DUI), driving while intoxicated (DWI), or alcohol-impaired driving, whatever one calls it, is a serious traffic offense due to one simple, yet major reason: it puts lives in danger of serious injuries or death (in some states, like in Texas, for instance, DUI and DWI are used separately. As explained by Austin DWI attorney Ian Inglis, besides differences in penalties, DWI is the offense committed by individuals who are at least 21 years old and caught driving while legally intoxicated, that is with a blood alcohol concentration (BAC) limit of 0.08%. DUI. On the other hand, is the charge on those who are below 21 years old and caught driving with any alcohol in their system. DUI is the mandatory charge under the Zero-tolerance law, which is in effect in all U.S. states as well as in the District of Columbia).

Before anyone can be charged with a DUI or DWI, however, it needs to be proven first that the person accused of the violation has a blood alcohol concentration (BAC) level of 0.08%. Getting a 0.08% BAC level, though, can differ from one person to another due to a multitude of influential factors, such as strength of drink, rate of consumption, age, gender, body type, body fat or muscle content, metabolism, hydration, overall health, alcohol tolerance, food taken (an empty stomach can result to a higher BAC level), and so forth.

During the recent years, law enforcement officers have never been more zealous in enforcing the anti-drunk driving law. Though this move has had some good results, leading to the apprehension of violators, especially frequent violators, there have also been occasions when individuals have been wrongly charged due to wrong BAC readings while some have been arrested improperly.

Law firms and criminal defense lawyers know too well that law enforcement officers do commit mistakes which lead to wrongful accusations and wrongful arrests. Thus, according to a Cape Cod DUI lawyer, during a court proceeding, a typically issues a sentence based on the facts of a case, the perceived risk and danger to society, the evidence against the arrested driver, and many other factors.

Since a DUI charge, much more, a conviction, can truly have devastating effects in the life of an accused, it would make sense for him/her to consult an experienced DUI lawyer who can explain to him/her the most likely scenario for how the case would play out and what penalties will likely be faced if there will be a guilty verdict.