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
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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
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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
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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 9, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

What to do to file a police report after an accident for facilitating claim filing for personal injury?

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

In order to protect all parties involved in a car accident in the USA, it is crucial to call the police for filing a police report that documents all incidents and events related to the accident. Despite the frightful and stressful experience that you go through after the accident, you must maintain your cool and then take the first step towards filing a personal injury claim. Moreover, the presence of police can diffuse the tension between the parties involved in the accident that can otherwise escalate and complicate matters. The police can also arrange for medical treatment of the injured persons by rescuing them from the spot of the accident. Even if you fear to earn a ticket for the incident, you must call the police. The insurance company would ask for the police report, and you cannot do without it.

Things to do

 After taking the first step, you can talk to the other parties to collect their personal details like names, addresses, and phone numbers, including that of the other driver involved in the accident. Next, contact a personal injury lawyer from some law firm like Dennis Hernandez law firm to take up your case for filing a claim for personal injury. With the purpose of documenting the incident, you must arrange for a police report no matter how minor the incident might be so that what happened exactly is on record. Sometimes, more damages, both physical and medical, come to the surface that is not apparent initially.  The police can accurately record the facts, so that prevents distortion of facts later by any party.

Police report paves the way for claiming compensation

The police report is just the basic document you need to file for personal injury claim as all parties involved in claim settlement from insurance settlers to judges and jury will call for it. Even if you are not filing a claim for personal injury but approach your insurance company seeking compensation for damages covered by your own insurance policy then also you need the police report. The police report helps insurance companies to understand the case based on the accurate crash report. Even if you face any legal problems later, the police report should help to protect you from the possibilities of the other party trying to distort facts. The police can submit the report to you or DMV (Department of Motor Vehicles) as required. In the absence of the police report, you cannot expect any compensation as it is a requirement in most states and insurance companies would surely ask for it.

Let the police decide

For some reasons the police officer might not be available when you call them, and they may not come to the spot of the accident. The laws of some state do not require police to go to the scene of the accident if the value of property damage is too low.  In such cases, you must make it amply clear to the police that you need them at the scene of the accident as there are injuries to people and leave it on to them to decide whether to come or not. Based on your description of the accident, the police will then take a call. In case there are no injuries, and the damages are minor, the police may not come at all. If the police are preoccupied with some other public disaster, it might not be possible for them to come to the scene of the accident. 

However, you must always inform the police because it is your duty and leave it on them to decide. If the police do not come, then, you must record the incident in as much detail as possible by taking notes of what happened and the damages that it caused.

What information you must collect

If the police are unable to come to the scene of the accident, you must seek their guidance in recording the incident by knowing what kind of information to record. They can help you with an information checklist or a car accident form. Take down the name of the person you spoke to so that it can be useful later for citing in the court or for settlement.

You must capture as many details as possible about how the accident happened and the resulting damages including injuries to people, whether minor or major as well other damages to the vehicles and property.  Besides taking pictures, you can make video and audio recordings as necessary about the location, damages, and versions of witnesses and third parties to establish what happened at that time. Talking to witnesses and collecting their contact details and consent to stand beside you when called for is one of the most important tasks. 

Based on the information collected, you must file your report to the police as soon as you can. The report becomes the most important document in determining who was at fault because only if the other party is faulting that it becomes their responsibility to compensate you financially.

Actions that the police will take on hearing about the accident

The primary responsibility of police after arriving at the scene of the accident is to protect the parties involved and ensure their safety first. They will first make the area safe for traffic and call any emergency service besides arranging for medical care of the injured. Next, they will start talking to people around including those involved in the accident as well as witnesses to take down all information that helps to recreate the incident to understand exactly how it happened. Depending on the findings, they can issue tickets to the drivers for violation of traffic rules. After talking to witnesses and being satisfied that they have collected exhaustive information by questioning people who were at the spot or nearby and have seen the accident happen they would compile the report that becomes the base document for subsequent actions.

Obtain the direct contact number of the police officer who is responsible for creating the report so that you can try to add some details that you discover later and try to incorporate it in the report.

September 4, 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 2, 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.

August 26, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized

The Importance of Digital Marketing for Lawyers

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

If you’re a lawyer or law firm, choosing where to advertise your services can be difficult. Twenty years ago, if a lawyer wanted to place an advert, there were four basic channels to choose from: TV, radio, newspapers (print), or street ads like billboards. Today, the internet has disrupted these four main traditional channels.

As a greater number of law firms starting to get on board with digital marketing, we are starting to see them stepping up their marketing strategies and business development activities. Gone are the days where leads walked through the door on reputation alone. It’s a bigger, fiercer and more competitive legal market out there today.

The internet allows a firm to engage with consumers whilst simultaneously enhancing its brand, firms that lack an online presence are automatically put at a disadvantage. However, firms now must fight with digital marketing, social media, website development and sales training, on top of trying to improve efficiency and maintain staff retention.

Although the benefits of online marketing are obvious, how do you take advantage of the opportunities? Well, it’s about listening to what clients want, focussing and tracking all your marketing activities.

There are so many options to choose from but how do you work out which ones are right for your firm? See our top tips below on digital marketing and how to set your law firm marketing off in the right direction.

1. Showcase yourself and services online

Clients and professionals like to know who they are dealing with. People will search and look you up online and if you’re nowhere to be found, they you are missing out. It’s a captive audience, a perfect opportunity to display your up to date, professional profile on both your website and law firm social media profiles. This can showcase your expertise, any awards you may have won, reported cases and articles you’ve written.

2. Blogging and Vlogging

Blogs have been around for a long time, but they are still a great tool to use on your website. Each one creates a new page which helps with your domain authority as Google rewards sites that constantly put out new content. Google also owns YouTube and therefore creating video blogs (Vlogs) should be a part of your strategy. Whether it’s an article or a video, they both establish you as an expert in a certain area of law and if done right, it will also boost your SEO, raising your website in the google rankings.

3. SEO – Search Engine Optimisation

If you’re not sure what this means, then it is advised to do some online reading around the subject. There are over 2 million legal orientated search queries every day in the UK on Google and if you’re not grabbing that opportunity, by optimising your website, someone else will!

It’s time to get on board with law firm SEO, whether you do some yourself or outsource it to the experts it’s up to you. If your website is looking outdated or it consists of just a few pages, then it’s time for a re-design.

Grow the domain authority of your website by producing content that people want to link to and decide what type of work you want to attract. Then focus on producing content surrounding that type of work.

4. Content is King

Take charge for developing valuable content that is relevant to your practice. Invest the time in learning about what your target audience is interested in and develop content that aligns these interests and questions with what services you can offer. Clients expect you to be at the top of the search engines if they are to trust that you are the best choice or at the very least, they can find detailed information about you online.

Anyone can have a slick website to attract leads, however good quality content and expert guides which answer questions your potential clients may search will help deliver leads to your business.

4. Get your Website Basics Right

Whatever area of law you practise, your clients will at some point need to access your website to find your number, an office address or perhaps they found you online. Online users are becoming increasingly demanding in terms of the experience they expect from a website. They want a fast loading website as a minimum requirement on mobiles and tablets too. A responsive website design essentially responds to the type of device the user is viewing it on, allowing the information to display in the best format.

5. Digital Marketing and PPC

Digital marketing is highly targeted, the more you analyse your online efforts the more you can refine your law firm ppc strategy to increase your conversions. Digital marketing can have a huge effect on generating leads that are the right type of work for you, but in the absence of a sales funnel and a long-term SEO strategy, it is not a sustainable digital marketing method on its own.

6. Converting Leads

Tracking how you found the work and the route it takes to you is essential. Converting enquiries and cross-selling is more important than ever as the competition ever increases.

Sales skills are very important in understanding how to close the deal. Converting a lead into a paying client is what it’s all about!

Conclusion

In today’s on-demand, digital world just being a good at the law is no longer enough, going that extra mile can really help your firm stand out from the crowd. ‘Fee earners’ no longer just earn fees and those that have a greater understanding of the wider business world will be the ones to shine.

To find out more tips and to speak to us about growing your law firm leads, contact us on 0115 8700443  or visit https://marketinglawyers.co.uk

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