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For example, a doctor who fails to treat their patient properly and as a result, ends up making the patient worse, could be sued for medical malpractice . A rapidly growing field of malpractice lawsuits stems from a category known as “mental health malpractice.”
Our attorneys understand the delicate nature of these cases and have the resources necessary to help injured patients recover compensation for their suffering. If you or a loved one has been the victim of psychiatric malpractice or negligence, you may be entitled to compensation for damages.
The hospital is keeping employees that have behavior issues (like substance abuse problems) The tricky part is that you may be taking action against a doctor, but actually suing the hospital where they work. In fact, it goes one level higher than that.
Do I Need to Hire a Lawyer to Sue a Hospital? If you were injured while receiving treatment or care at a hospital, you should consult with a skilled and knowledgeable personal injury attorney. An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed.
What do you do after falling on the ground? After Macy’s slip and fall accidents, clients should primarily seek medical attention followed by legal assistance. An injured customer can sue for his or her injuries no matter where in the property the accident occurred.
Normandie Law Firm’s free consultations and free second opinions are a part of a Zero-Fee guarantee that ensures that clients never have to worry about paying any upfront fees for any of our legal services. Since our law firm is strictly based on contingency, clients will not have to pay anything until our lawyers with experience in handling Macy’s slip and fall lawsuits win their case. Contact Normandie Law Firm today to begin your slip and fall lawsuit.
Discrimination: discrimination occurs when an employee is treated less favorably than other employees because of a protected characteristic or protected activity. Protected characteristics include age, race, disability, sexual orientation, religion, etc. On the other hand, protected activities include reporting a violation of law or regulation to the law enforcement or to Macy’s itself.
Macy’s was founded in 1858 but now employs over 130,000 employees worldwide. In fact, Macy’s is one of the largest retail chains in the United States. However, wrongful termination and discrimination runs rampant within the company, as many lawsuits have been filed by aggrieved employees. Hiring a Macy’s Wrongful Termination Lawyer is crucial if you are looking to fight the goliath retailer for their illegal actions.
FMLA Violations : if you were fired while on leave or immediately upon returning from leave, it’s a good idea to contact a lawyer as there is a strong presumption of retaliation.
Nonetheless, Macy’s employees have rights, even if their employment is defined as “at-will.” In fact, an ex-Macy’s employee was awarded over $650,000 after the employee raised concerns that he was being discriminated against due to his age.
However, a mistaken belief for most Macy’s employees is that he or she won’t be able to file a lawsuit because of the at-will provisions that govern the relationship. While at-will employment relationships can limit employee rights, you cannot be fired for an illegal reason.
Whistleblowing: whistleblowing is included in the list of protected activities. California has enacted sections 1102.5, 98.6, 6310, and 6311 of the government codes to address whistleblower discrimination and retaliation. In other words, you cannot be fired or subject to any other adverse employment action for reporting a safety violation, sexual harassment, discrimination of another employee, or related reports.
If this duty of care is broken, patients may be further traumatized, develop a fear of seeking help, or commit suicide. Our attorneys understand the delicate nature of these cases and have the resources necessary to help injured patients recover compensation for their suffering.
If a psychiatrist misses or fails to report the following, he could be held accountable for the patient’s death:
There was a causal link between the breach and the injury suffered by the patient. A medical malpractice attorney can collect evidence, conduct witness statements, and review doctor’s files to substantiate your claim and prove the causal connection between the breach of duty and injury.
A psychiatrist’s legal duty varies by case , and depends on the level of care required by the patient and his or her mental state. In cases of suicide, the standard of care a psychiatrist must meet hinges on the doctor’s assessment of the patient’s suicidal risk, rather than the prediction of such an event. In suicidal patients, a doctor may be liable for damages if they could have or should have reasonably noticed a foreseeable risk of injury and failed to act.
Patients who seek the counsel of a psychiatrist are often vulnerable and, in some cases, unstable. They expect the mental health professional in whom they confide to offer a system of support that may be otherwise unattainable. As a medical professional choosing to specialize in this intimate field, psychiatrists must provide a level of care that is reasonable and reassuring. They must also act as other psychiatrists would act in a similar situation. When this duty is breached, the psychiatrist may be liable for any resulting damages.
Failure to warn a third party when there is an imminent threat of harm, as required by law.
If you or a loved one has been the victim of psychiatric malpractice or negligence, you may be entitled to compensation for damages. To have your claim reviewed by one of the psychiatric medical malpractice attorneys at our Florida offices, please fill out our no cost, no obligation case review form today.
A rapidly growing field of malpractice lawsuits stems from a category known as “mental health malpractice.”. A mental health malpractice claim may arise when a mental health practitioner (e.g., a psychiatrist) treats their patient in a negligent manner or abuses the power that they have over them as a professional.
As is the case with many malpractice lawsuits, mental health malpractice claims are proven by using a negligence standard. The patient (i.e., the plaintiff) must be able to prove the following elements:
There are certain rights that patients have in a mental health facility. One of the primary rights that patients should know about is the right to refuse treatment. Regardless of whether the patient was committed to a mental health facility voluntarily or involuntarily, according to the law, a patient always has a right to refuse treatment. However, there may be some exceptions.
One of the primary rights that patients should know about is the right to refuse treatment. Regardless of whether the patient was committed to a mental health facility voluntarily or involuntarily, according to the law, a patient always has a right to refuse treatment. However, there may be some exceptions.
Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, majoring in both Journalism and the Classics (Latin). You can learn more about Jaclyn here.
If you are not sure about which route to take, speaking with a lawyer can help make the decision easier because they will be able to explain the potential outcomes of each action taken.
Alternatively, if you do not wish to bring a case, you may also file a complaint with a human rights officer who is located in your area, the ethics board that licensed your mental health practitioner, or with the mental health practitioner or facility’s human resources department.
Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.
But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.
Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...
Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.
Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.
Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.
This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.
Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.
Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.
Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.
In general, hospital lawsuits are personal injury lawsuits arising from injuries suffered by a patient. Those injuries are usually based on negligence, or a failure to use reasonable care which results in the damage or injury of another person. Negligence is based on a person’s failure to do something, rather than their actual actions.
Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.
Some common examples of a hospital lawsuit include but may not be limited to: Emergency room malpractice; Refusing to admit or treat a patient without adhering to proper denial protocol;
If you were injured while receiving treatment or care at a hospital, you should consult with a skilled and knowledgeable personal injury attorney. An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed.
University of Chicago Medical Center was sued for $53 million because of a birth injury.
When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.
If the person who made a mistake is an independent contractor, then you must take them to court with a medical malpractice attorney. If they are an actual employee of the hospital that committed medical negligence, then you may have a medical malpractice lawsuit against the hospital.
Discrimination (a staff member refusing to treat you do to your race, sexual orientation, your nation of origin, etc.) You generally have between two to six years to sue for hospital negligence. This is called the statute of limitations, and it varies by state.
You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.
If your instincts are telling you something is wrong, then you should investigate your case. A personal injury lawyer is going to be the best person to have on your side when you seek justice from a hospital — you deserve justice when a hospital makes a mistake with your illness or injury.
If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training. If, however, the doctor who injured you is an independent ...