Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 21, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 14, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

October 7, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Criminal Defense – What to do when accused of domestic violence?

Consideration was given for the editing and publication of this post.

The domestic violence cases are on the rise in the US. If you face any such charges, you have to be careful with what you say and do when the police arrive. The cases generally involve arrest. You cannot run away to a friend’s place or a hotel so that it dies down. You have to cooperate with the duty officer. Besides, keeping silence and contacting a defense lawyer at earliest can prove to be most helpful. There are many critical things that you need to ensure from your end to play safe. In this article, you will learn about them so that you can deal with the situation better when any such charges surface against you.

Before going into that, it’s crucial to know that domestic violence includes assault, battery, sexual assault or battery, kidnapping, stalking, and other such crimes. Physical harm or death of a person in family or household due to another also falls under this category.

How to interact with the police?

An arrest is the most likely consequence if the police arrive at the scene of alleged abuse. They will investigate the evidence and based on reasonable doubts, take the accused with them. When they do their duty, you must follow these points:

  • Don’t share anything related to the incident with the police as it can later develop into a case against you. Just reveal your identity and maintain silence until you have had legal advice.
  • Don’t be rude to the police; deal with them calmly so that they don’t get an opportunity to slap any other charge on you.

What to do when detained?

When the officers take you to jail, they can ask you to give your signature on a written statement. You don’t need to sign it. Also, you may need to use a jail phone to contact people. Be careful in your conversations. Also, do not call your accuser because it can lead to the case of stalking. With inmates and guards, you should be polite.

If the police have arrested you on the grounds of reasonable doubts, it is undeniable that you will have to face jail. The release will happen only when judge orders bail along with certain restrictions. The conditions can restrict you from meeting the abused, going back to home, possessing weapons, etc. Violating any condition can amount to the cancellation of the bond. So, stick to them.

Since domestic violence charges can alter your lifestyle completely, you must be wise in your actions. Your employment opportunities can get affected. You can also face trouble in divorce and child custody cases. To make sure your problems don’t multiply, you should hire a trusted defense lawyer. Your defense attorney can help get those conditions modified after you come out of jail. He can also navigate you through the complicated justice system of the state. For more knowledge or any assistance with such criminal charges, you can visit Criminaldefense once. With years of experience and skills, criminal defense lawyers can handle your case well.

September 30, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

September 30, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

September 23, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Legalities on the mistreatment of Cerebral Palsy Patients in Hospitals

Consideration was given for the editing and publication of this post.

Cerebral palsy is a condition that can be caused by a medical error or injury that occurs during or shortly after birth. The condition is incurable and once diagnosed, you may require medical care, therapy and personal assistance throughout your life. Cerebral palsy causes a permanent disability, affecting one’s movement and speech.

No two cerebral palsy patients are the same- everyone has their own unique needs and disability. However, the condition is not static; your disability and need for assistance can change in the course of your lifetime.

Living with Cerebral palsy can be exhausting. It can mean having to go through a bewildering range of regulations, services, and legislative mazes to meet your needs. During this time, cerebral palsy patients may experience mistreatment and abuse, especially in public places. Research has shown that children with disabilities are three times more likely to be abused or neglected than children without disabilities.

Mistreatment of Cerebral Palsy Patients in Hospitals

Health care centers have always been said to be a lousy arena for the application of disability rights. Health care providers assume that they know all about cerebral palsy patients and other disability patients because they have been treating them. But the reality is, they are not well trained in how to maintain the respect and dignity of people with some of these lifelong disabilities like cerebral palsy. Mistreatment of cerebral palsy patients includes verbal and emotional abuse, neglect, wrongful restraint and lack of assistance in medical facilities.

 However, it is important to note that most doctors and other health care providers may not intend to abuse or mistreat people with disabilities. Inadequate training and ignorance about the needs of people with disabilities are some of the major causes of discrimination and mistreatment.

Let’s take a look at the laws in health care centers concerning discrimination of people with disabilities.

Legalities on discrimination of cerebral palsy patients

In the US, disability rights are one of the hard-fought civil rights. Currently, the legislation on cerebral palsy and other people with disabilities does not cover every issue they may encounter. The major legislation laws cover the right to a meaningful education, access, and assistance in public places and to pursue their rights if discriminated against. Here are some of the rights and key legislation on disabilities;

· The Architectural Barriers Act of 1968, or ABA, 42 U.S.C. 4151l-4157

· The Americans with Disabilities Act of 1990, or ADA

· Americans with Disabilities Act

· Civil Rights of Institutionalized Persons Act, 1997

· Affordable Health Care Act, or ACA

How can you report mistreatment at a health center?

For any complaints against improper care or claims about unsafe conditions, you can contact your areas State Survey Agency. The State Survey Agency is part of the department of health services in your state, and they will be able to offer you the required assistance. For complaints about your doctor- like incompetent practice or unprofessional conduct, you can contact your State Medical Board. 

Conclusion

Hospitals and other public places can and should do better in how they treat and handle such vulnerable patients such as cerebral palsy patients. But, with the above information, you are now well informed on where to file a complaint if mistreated in a hospital setting.

Sources

https://www.medicare.gov/claims-appeals/file-a-complaint/filing-complaints-about-a-doctor-hospital-or-provider

https://www.cerebralpalsy.org/about-cerebral-palsy/history-and-origin/legislation

September 16, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Monday morning with Alex Williams’ cartoons

qccartoon

This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email info@qccartoon.com.

Monday morning with Alex Williams’ cartoons

September 16, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

What are the conditions to fulfill for filing a case of medical malpractice?

Consideration was given for the editing and publication of this post.

When doctors or any other medical professional cause harm to any patient by failing to perform their duties competently, it becomes a clear case of medical negligence, also known as medical malpractice. The rules for medical malpractice vary between the US states, and there are different timelines for bringing in a lawsuit against the erring doctors and medical professionals.  There might also be some requirements to notify the doctor in some states. However, the broad categories of the rules and the general principles are the same.

Knowledge about the general principles should help to understand the basic requirements of a claim. To know more about medical malpractice cases, you can log on to healthcarefraudgroup.com.

Existence of doctor-patient relationship

To sue a doctor, you must first establish that you had a doctor-patient relationship in place by proving that you hired the services of the doctor who also agreed to it. If you overhear a doctor’s advice and use the piece of information to sue that doctor, you do not have a case at all.  Only when a doctor starts seeing you and treats you that it marks the beginning of a doctor-patient relationship. The question arises primarily in instances where a doctor did not treat you.

Negligence on the part of the doctor

The doctor becomes liable for medical malpractice only if you can prove that he or she was negligent in diagnosing the disease or your treatment.  To establish malpractice, you must prove that the doctor acted on the contrary to what a competent doctor would do in similar circumstances and harmed you in the process. The doctor must be reasonably careful and skillful but not necessarily the best in the trade. Medical malpractice claims revolve around establishing how much careful and skillful the doctor had been. The plaintiff must present a medical expert who can discuss the appropriate medical standard of care and determine how the defendant deviated from it.

Cause of injury was the doctor’s negligence

Patients may have some pre-existing diseases while under the treatment of a doctor. In most medical malpractice cases, it becomes a moot point whether the action of the doctor, regardless of being negligent or not, caused the harm. On the death of a lung cancer patient, it becomes challenging to prove that the negligent treatment of lung cancer by the doctor caused the death, which could also have happened due to the disease itself. The patient must show that there are very high possibilities of the doctor being negligent in treating the condition. It could involve a medical expert who would testify that the negligence of the doctor caused the injury.

The damages resulted from injuries

Even if the doctor performed below the standard, but there was no harm to the patient, then there cannot be any case of medical malpractice.  Only if there is any physical pain, mental anguish, lost earning capacity and lost work and additional medical bills that it can help to establish the harm caused. It becomes the basis for filing a case for medical malpractice.

The suffering of patients alone does not help to prove that the doctor was negligent.

September 11, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

Probate process and hiring a lawyer for the proceedings

Consideration was given for the editing and publication of this post.

Probate is the process in which the deceased’s assets are gathered under the supervision of a court after settling taxes and debts. Thereafter, whatever is left is inherited by the heirs. Probate involves a lot of paperwork and is usually governed in some US states by the Uniform Probate Code. In this article, let us find out more about this process under the following two sub-topics, namely,

  1. The Probate Process
  2. Why do you require the services of a probate lawyer?

Let us take the sub-topic one at a time in the paragraphs that follow.

  1. The Probate Process

It may be mentioned here that when the size of the property is not big, you will not be required to undergo the lengthy process of probate; instead, there is “simplified probate process,” when you do not have to seek the assistance of court proceedings or approach a lawyer for carrying out the process.

Initiating the probate process

If a decedent and the property possess a will is subject to probate, the process is initiated when an executor, whom the decedent nominates in the will, will produce the paper in the court. The courthouse must be the place of residence where the decedent lived or has the property.

Alternatively, there might be an instance when you will not have the will. Under such circumstances, it is the responsibility of the court to nominate an administrator of the estate that belongs to the decedent. In the majority of the cases, the administrator is the spouse or the deceased’s adult heir. Following the appointment of the administrator, he is usually the legal representing individual of the estate that will undergo the probate.

What are the steps to probate?

The procedure can be segregated into the following steps-

  • Filing the petition and informing the beneficiaries or heirs

As mentioned above, there are two instances, when you have a will and when you do not have one. Whatever be the proceedings, the update of the same has to be conveyed to the beneficiaries. However, out of all the beneficiaries, if a single heir objects to any term or condition that is contained in the legal document, the case will be heard again in the court, and the heir can file an objection in the court.

As far as notice related to the hearing is concerned, it is available in the local newspaper. One of the main reasons to do this is to send a notification to creditors if any to stay informed that the proceedings are beginning.

  • Take note of property, make inventory list and inform creditors

The legal individual that is representing the case is bound by law to inform all creditors so that if they have any claim to the estate or property, they can come forward to settle their claim. However, the allotted for doing so is limited, and if any creditor wishes to make claims, he must do so within this stipulated time period.

As far as making a list of inventories is concerned, this will include stocks, assets, the property up for probate, and other assets and property that has beneficiaries. Most importantly, you must find out the value of the assets that you hold. Depending on the state in which you are residing, you can find out the norms. Also, firms like silverstonelawfl.com offer immense help to applicants that want their probate process to go on smoothly. Also, the appraiser values are assessed for non-cash assets.

  • Title of the property is transferred depending on the will

While the period for creditors to claim their assets is on, the legal representative will put forward a request to the court so that the title of the assets and property is transferred in the name of the heirs or the beneficiaries.

Under the circumstances, when a will is absent, the intestate succession laws will come into force.

  • Expenses related to debt and funeral has to be paid from the estate

When a creditor places any claim, it is the responsibility of the legal representative to find out and assess whether or not the claim is authentic or he is trying to rip-off the heirs.

2. Why do you require the services of a probate lawyer?

Probate is not a simple process and involves a lot of documentation and validation. And it is best done if you have a legal professional to assist you. Right from the time of validating the will and assessing the authenticity of the claims of the creditors to appointing the legal representative, it requires a lot of experience to carry out the process in a hassle-free manner and this is best achieved by firms like the one mentioned above or any firm that is reliable in your state of residence.

Also, a lawyer will be able to execute the process without making it cumbersome since he is well acquainted with the state laws. He will also know how the local laws and courts operate. However, if the size of the estate is huge and difficult for you to keep track of the same and also has “unusual assets” that have to be managed, turning to a probate lawyer is the best bet.

You will come across many such estate owners that do not approach a lawyer for limited advice. However, regardless of the size of the estate, it is best to hire the services of a lawyer so that you can be sure that the proceedings are being carried out legally and most importantly, you are assured that there will not be any legal hassles in the future should any beneficiary raise an objection. This is because when you hire a lawyer, he assures you of a foolproof procedure wherein you do not get into legal troubles.

Also, the fact that there might be creditors to handle and might have claims on the estate, you can keep at bay the ones that might take undue advantage and claim false stake in the property that is up for probate.

September 11, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized